[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 63 (Sec. Sec. 63.1200 to 63.1439)
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
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........................ 707
Alphabetical List of Agencies Appearing in the CFR...... 727
List of CFR Sections Affected........................... 737
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 63.1200
refers to title 40, part
63, section 1200.
----------------------------
[[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
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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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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OMB CONTROL NUMBERS
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Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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``[RESERVED]'' TERMINOLOGY
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INCORPORATION BY REFERENCE
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(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
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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this volume.
[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
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-
60.499), part 60 (60.500-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
72-79, part 80, part 81, parts 82-86, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII-- Regulations issued by the Environmental
Protection Agency and Department of Justice, Council on Environmental
Quality, Chemical Safety and Hazard Investigation Board, Environmental
Protection Agency and Department of Defense; Uniform National Discharge
Standards for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.Regulations issued by
the Council on Environmental Quality, including an Index to Parts 1500
through 1508, appear in the volume containing parts 1060 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 Stephen J. Frattini.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 63, Sec. Sec. 63.1200 to 63.1439)
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Part
chapter i--Environmental Protection Agency (Continued)...... 63
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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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 EEE_National Emission Standards for Hazardous Air Pollutants
from Hazardous Waste Combustors
General
Sec.
63.1200 Who is subject to these regulations?
63.1201 Definitions and acronyms used in this subpart.
63.1202 [Reserved]
Interim Emissions Standards and Operating Limits For Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
63.1203 What are the standards for hazardous waste incinerators that are
effective until compliance with the standards under Sec.
63.1219?
63.1204 What are the standards for hazardous waste burning cement kilns
that are effective until compliance with the standards under
Sec. 63.1220?
63.1205 What are the standards for hazardous waste burning lightweight
aggregate kilns that are effective until compliance with the
standards under Sec. 63.1221?
Monitoring and Compliance Provisions
63.1206 When and how must you comply with the standards and operating
requirements?
63.1207 What are the performance testing requirements?
63.1208 What are the test methods?
63.1209 What are the monitoring requirements?
Notification, Reporting and Recordkeeping
63.1210 What are the notification requirements?
63.1211 What are the recordkeeping and reporting requirements?
Other
63.1212 What are the other requirements pertaining to the NIC?
63.1213 How can the compliance date be extended to install pollution
prevention or waste minimization controls?
63.1214 Implementation and enforcement.
63.1215 What are the health-based compliance alternatives for total
chlorine?
Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid
Fuel Boilers, and Hydrochloric Acid Production Furnaces
63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
63.1217 What are the standards for liquid fuel boilers that burn
hazardous waste?
63.1218 What are the standards for hydrochloric acid production furnaces
that burn hazardous waste?
Replacement Emissions Standards and Operating Limits for Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
63.1219 What are the replacement standards for hazardous waste
incinerators?
63.1220 What are the replacement standards for hazardous waste burning
cement kilns?
63.1221 What are the replacement standards for hazardous waste burning
lightweight aggregate kilns?
Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
Subpart EEE
Appendix to Subpart EEE of Part 63--Quality Assurance Procedures for
Continuous Emissions Monitors Used for Hazardous Waste
Combustors
Subpart FFF [Reserved]
Subpart GGG_National Emission Standards for Pharmaceuticals Production
63.1250 Applicability.
63.1251 Definitions.
63.1252 Standards: General.
63.1253 Standards: Storage tanks.
63.1254 Standards: Process vents.
63.1255 Standards: Equipment leaks.
63.1256 Standards: Wastewater.
63.1257 Test methods and compliance procedures.
63.1258 Monitoring requirements.
63.1259 Recordkeeping requirements.
63.1260 Reporting requirements.
63.1261 Implementation and enforcement.
Table 1 to Subpart GGG of Part 63--General Provisions Applicability to
Subpart GGG
Table 2 to Subpart GGG of Part 63--Partially Soluble HAP
Table 3 to Subpart GGG of Part 63--Soluble HAP
Table 4 to Subpart GGG of Part 63--Monitoring Requirements for Control
Devices
[[Page 6]]
Table 5 to Subpart GGG of Part 63--Control Requirements for Items of
Equipment That Meet the Criteria of Sec. 63.1252(f)
Table 6 to Subpart GGG of Part 63--Wastewater--Compliance Options for
Wastewater Tanks
Table 7 to Subpart GGG of Part 63--Wastewater--Inspection and Monitoring
Requirements for Waste Management Units
Table 8 to Subpart GGG of Part 63--Fraction Measured (Fm) for
HAP Compounds in Wastewater Streams
Table 9 to Subpart GGG of Part 63--Default Biorates for List 1 Compounds
Subpart HHH_National Emission Standards for Hazardous Air Pollutants
From Natural Gas Transmission and Storage Facilities
63.1270 Applicability and designation of affected source.
63.1271 Definitions.
63.1272 Affirmative defense for violations of emission standards during
malfunction.
63.1273 [Reserved]
63.1274 General standards.
63.1275 Glycol dehydration unit process vent standards.
63.1276-63.1280 [Reserved]
63.1281 Control equipment requirements.
63.1282 Test methods, compliance procedures, and compliance
demonstrations.
63.1283 Inspection and monitoring requirements.
63.1284 Recordkeeping requirements.
63.1285 Reporting requirements.
63.1286 Implementation and enforcement.
63.1287 Alternative means of emission limitation.
63.1288-63.1289 [Reserved]
Appendix: Table 1 to Subpart HHH of Part 63--List of Hazardous Air
Pollutants (HAP) for Subpart HHH
Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR
Part 63 General Provisions to Subpart HHH
Subpart III_National Emission Standards for Hazardous Air Pollutants for
Flexible Polyurethane Foam Production
63.1290 Applicability.
63.1291 Compliance schedule.
63.1292 Definitions.
63.1293 Standards for slabstock flexible polyurethane foam production.
63.1294 Standards for slabstock flexible polyurethane foam production--
diisocyanate emissions.
63.1295-63.1296 [Reserved]
63.1297 Standards for slabstock flexible polyurethane foam production--
HAP ABA.
63.1298 Standards for slabstock flexible polyurethane foam production--
HAP emissions from equipment cleaning.
63.1299 [Reserved]
63.1300 Standards for molded flexible polyurethane foam production.
63.1301 Standards for rebond foam production.
63.1302 Applicability of subpart A requirements.
63.1303 Monitoring requirements.
63.1304 [Reserved]
63.1305 Alternative means of emission limitation.
63.1306 Reporting requirements.
63.1307 Recordkeeping requirements.
63.1308 Compliance demonstrations.
63.1309 Implementation and enforcement.
Appendix to Subpart III of Part 63--Tables: Note
Table 1 to Subpart III of Part 63--Applicability of General Provisions
(40 CFR Part 63, Subpart A) to Subpart III
Table 2 to Subpart III of Part 63--Compliance Requirements for Slabstock
Foam Production Affected Sources
Table 3 to Subpart III of Part 63--Compliance Requirements for Molded
and Rebond Foam Production Affected Sources
Subpart JJJ_National Emission Standards for Hazardous Air Pollutant
Emissions: Group IV Polymers and Resins
63.1310 Applicability and designation of affected sources.
63.1311 Compliance dates and relationship of this subpart to existing
applicable rules.
63.1312 Definitions.
63.1313 Emission standards.
63.1314 Storage vessel provisions.
63.1315 Continuous process vents provisions.
63.1316 PET and polystyrene affected sources--emissions control
provisions.
63.1317 PET and polystyrene affected sources--monitoring provisions.
63.1318 PET and polystyrene affected sources--testing and compliance
demonstration provisions.
63.1319 PET and polystyrene affected sources--recordkeeping provisions.
63.1320 PET and polystyrene affected sources--reporting provisions.
63.1321 Batch process vents provisions.
63.1322 Batch process vents--reference control technology.
63.1323 Batch process vents--methods and procedures for group
determination.
63.1324 Batch process vents--monitoring equipment.
63.1325 Batch process vents--performance test methods and procedures to
determine compliance.
63.1326 Batch process vents--recordkeeping provisions.
[[Page 7]]
63.1327 Batch process vents--reporting requirements.
63.1328 Heat exchange systems provisions.
63.1329 Process contact cooling towers provisions.
63.1330 Wastewater provisions.
63.1331 Equipment leak provisions.
63.1332 Emissions averaging provisions.
63.1333 Additional requirements for performance testing.
63.1334 Parameter monitoring levels and excursions.
63.1335 General recordkeeping and reporting provisions.
63.1336 Implementation and enforcement.
Table 1 to Subpart JJJ of Part 63--Applicability of General Provisions
to Subpart JJJ Affected Sources
Table 2 to Subpart JJJ of Part 63--Group 1 Storage Vessels at Existing
Affected Sources
Table 3 to Subpart JJJ of Part 63--Group 1 Storage Vessels at Existing
Affected Sources Producing the Listed Thermoplastics
Table 4 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New
Affected Sources
Table 5 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New
Affected Sources Producing the Listed Thermoplastics
Table 6 to Subpart JJJ of Part 63--Known Organic HAP Emitted From the
Production of Thermoplastic Products
Table 7 to Subpart JJJ of Part 63--Group 1 Batch Process Vents and
Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and
Reporting Requirements
Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which Levels
Are Required To Be Established for Continuous and Batch
Process Vents and Aggregate Batch Vent Streams
Table 9 to Subpart JJJ of Part 63--Routine Reports Required by This
Subpart
Subpart KKK [Reserved]
Subpart LLL_National Emission Standards for Hazardous Air Pollutants
From the Portland Cement Manufacturing Industry
General
63.1340 What parts of my plant does this subpart cover?
63.1341 Definitions.
Emission Standards and Operating Limits
63.1342 Standards: General.
63.1343 What standards apply to my kilns, clinker coolers, raw material
dryers, and open clinker storage piles?
63.1344 [Reserved]
63.1345 Emissions limits for affected sources other than kilns; clinker
coolers; new and reconstructed raw material dryers.
63.1346 Operating limits for kilns.
63.1347 Operation and maintenance plan requirements.
63.1348 Compliance requirements.
Monitoring and Compliance Provisions
63.1349 Performance testing requirements.
63.1350 Monitoring requirements.
63.1351 Compliance dates.
63.1352 Additional test methods.
Notification, Reporting and Recordkeeping
63.1353 Notification requirements.
63.1354 Reporting requirements.
63.1355 Recordkeeping requirements.
Other
63.1356 Sources with multiple emission limits or monitoring
requirements.
63.1357 [Reserved]
63.1358 Implementation and enforcement.
63.1359 [Reserved]
Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
Table 2 to Subpart LLL of Part 63--1989 Toxic Equivalency Factors (TEFs)
Subpart MMM_National Emission Standards for Hazardous Air Pollutants for
Pesticide Active Ingredient Production
63.1360 Applicability.
63.1361 Definitions.
63.1362 Standards.
63.1363 Standards for equipment leaks.
63.1364 Compliance dates.
63.1365 Test methods and initial compliance procedures.
63.1366 Monitoring and inspection requirements.
63.1367 Recordkeeping requirements.
63.1368 Reporting requirements.
63.1369 Implementation and enforcement.
Table 1 to Subpart MMM of Part 63--General Provisions Applicability to
Subpart MMM.
Table 2 to Subpart MMM of Part 63--Standards for New and Existing PAI
Sources.
Table 3 to Subpart MMM of Part 63--Monitoring Requirements for Control
Devices.
Table 4 to Subpart MMM of Part 63--Control Requirements for Items of
Equipment that Meet the Criteria of Sec. 63.1362(k).
Subpart NNN_National Emission Standards for Hazardous Air Pollutants for
Wool Fiberglass Manufacturing
63.1380 Applicability.
[[Page 8]]
63.1381 Definitions.
63.1382 Emission standards.
63.1383 Monitoring requirements.
63.1384 Performance test requirements.
63.1385 Test methods and procedures.
63.1386 Notification, recordkeeping, and reporting requirements.
63.1387 Compliance dates.
63.1388 Implementation and enforcement.
63.1389 Startups and shutdowns.
63.1390-63.1399 [Reserved]
Table 1 to Subpart NNN of Part 63--Applicability of general provisions
(40 CFR part 63, subpart A) to subpart NNN.
Table 2 to Subpart NNN of Part 63--Emissions Limits and Compliance Dates
Appendix A to Subpart NNN of Part 63--Method for the determination of
LOI
Appendix B to Subpart NNN of Part 63--Free formaldehyde analysis of
insulation resins by hydroxylamine hydrochloride
Appendix C to Subpart NNN of Part 63--Method for the determination of
product density
Subpart OOO_National Emission Standards for Hazardous Air Pollutant
Emissions: Manufacture of Amino/Phenolic Resins
63.1400 Applicability and designation of affected sources.
63.1401 Compliance schedule.
63.1402 Definitions.
63.1403 Emission standards.
63.1404 Storage vessel provisions.
63.1405 Continuous process vent provisions.
63.1406 Reactor batch process vent provisions.
63.1407 Non-reactor batch process vent provisions.
63.1408 Aggregate batch vent stream provisions.
63.1409 Heat exchange system provisions.
63.1410 Equipment leak provisions.
63.1411 [Reserved]
63.1412 Continuous process vent applicability assessment procedures and
methods.
63.1413 Compliance demonstration procedures.
63.1414 Test methods and emission estimation equations.
63.1415 Monitoring requirements.
63.1416 Recordkeeping requirements.
63.1417 Reporting requirements.
63.1418 [Reserved]
63.1419 Implementation and enforcement.
Table 1 to Subpart OOO of Part 63--Applicability of General Provisions
to Subpart OOO Affected Sources
Table 2 to Subpart OOO of Part 63--Known Organic Hazardous Air
Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins
Table 3 to Subpart OOO of Part 63--Batch Process Vent Monitoring
Requirements
Table 4 to Subpart OOO of Part 63--Operating Parameter Levels
Table 5 to Subpart OOO of Part 63--Reports Required by This Subpart
Table 6 to Subpart OOO of Part 63--Coefficients for Total Resource
Effectiveness
Subpart PPP_National Emission Standards for Hazardous Air Pollutant
Emissions for Polyether Polyols Production
63.1420 Applicability and designation of affected sources.
63.1421 Implementation and enforcement.
63.1422 Compliance dates and relationship of this rule to existing
applicable rules.
63.1423 Definitions.
63.1424 Emission standards.
63.1425 Process vent control requirements.
63.1426 Process vent requirements for determining organic HAP
concentration, control efficiency, and aggregated organic HAP
emission reduction for a PMPU.
63.1427 Process vent requirements for processes using extended cookout
as an epoxide emission reduction technique.
63.1428 Process vent requirements for group determination of PMPUs using
a nonepoxide organic HAP to make or modify the product.
63.1429 Process vent monitoring requirements.
63.1430 Process vent reporting and recordkeeping requirements.
63.1431 Process vent annual epoxides emission factor plan requirements.
63.1432 Storage vessel provisions.
63.1433 Wastewater provisions.
63.1434 Equipment leak provisions.
63.1435 Heat exchanger provisions.
63.1436 [Reserved]
63.1437 Additional requirements for performance testing.
63.1438 Parameter monitoring levels and excursions.
63.1439 General recordkeeping and reporting provisions.
Table 1 to Subpart PPP of Part 63--Applicability of General Provisions
to Subpart PPP Affected Sources
Table 2 to Subpart PPP of Part 63--Applicability of HON Provisions to
Subpart PPP Affected Sources
Table 3 to Subpart PPP of Part 63--Group 1 Storage Vessels at Existing
and New Affected Sources
Table 4 to Subpart PPP of Part 63--Known Organic HAP From Polyether
Polyol Products
Table 5 to Subpart PPP of Part 63--Process Vents From Batch Unit
Operations--Monitoring, Recordkeeping, and Reporting
Requirements
[[Page 9]]
Table 6 to Subpart PPP of Part 63--Process Vents From Continuous Unit
Operations--Monitoring, Recordkeeping, and Reporting
Requirements
Table 7 to Subpart PPP of Part 63--Operating Parameters for Which
Monitoring Levels Are Required To Be Established for Process
Vent Streams
Table 8 to Subpart PPP of Part 63--Routine Reports Required by This
Subpart
Authority: 42 U.S.C. 7401 et seq.
Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
Subpart EEE_National Emission Standards for Hazardous Air Pollutants
from Hazardous Waste Combustors
Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted.
General
Sec. 63.1200 Who is subject to these regulations?
The provisions of this subpart apply to all hazardous waste
combustors: hazardous waste incinerators, hazardous waste cement kilns,
hazardous waste lightweight aggregate kilns, hazardous waste solid fuel
boilers, hazardous waste liquid fuel boilers, and hazardous waste
hydrochloric acid production furnaces. Hazardous waste combustors are
also subject to applicable requirements under parts 260 through 270 of
this chapter.
(a) What if I am an area source? (1) Both area sources and major
sources are subject to this subpart.
(2) Both area sources and major sources subject to this subpart, but
not previously subject to title V, are immediately subject to the
requirement to apply for and obtain a title V permit in all States, and
in areas covered by part 71 of this chapter.
(b) These regulations in this subpart do not apply to sources that
meet the criteria in Table 1 of this Section, as follows:
Table 1 to Sec. 63.1200--Hazardous Waste Combustors Exempt From
Subpart EEE
------------------------------------------------------------------------
If And if Then
------------------------------------------------------------------------
(1) You are a previously (i) You ceased feeding You are no
affected source. hazardous waste for a longer subject
period of time to this subpart
greater than the (Subpart EEE).
hazardous waste
residence time (i.e.,
hazardous waste no
longer resides in the
combustion chamber);.
(ii) You have
initiated the closure
requirements of
subpart G, parts 264
or 265 of this
chapter;.
(iii) You begin
complying with the
requirements of all
other applicable
standards of this
part (Part 63); and.
(iv) You notify the
Administrator in
writing that you are
no longer an affected
source under this
subpart (Subpart EEE).
(2) You are a research, You operate for no You are not
development, and longer than one year subject to this
demonstration source. after first burning subpart
hazardous waste (Note (Subpart EEE).
that the This exemption
Administrator can applies even if
extend this one-year there is a
restriction on a case- hazardous waste
by-case basis upon combustor at
your written request the plant site
documenting when you that is
first burned regulated under
hazardous waste and this subpart.
the justification for You still,
needing additional however, remain
time to perform subject to Sec.
research, 270.65 of
development, or this chapter.
demonstration
operations)..
(3) The only hazardous wastes ...................... You are not
you burn are exempt from subject to the
regulation under Sec. requirements of
266.100(c) of this chapter. this subpart
(Subpart EEE).
(4) You meet the definition of ...................... You are not
a small quantity burner under subject to the
Sec. 266.108 of this requirements of
chapter. this subpart
(Subpart EEE).
------------------------------------------------------------------------
[[Page 10]]
(c) Table 1 of this section specifies the provisions of subpart A
(General Provisions, Sec. Sec. 63.1-63.15) that apply and those that do
not apply to sources affected by this subpart.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000;
67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005]
Sec. 63.1201 Definitions and acronyms used in this subpart.
(a) The terms used in this subpart are defined in the Act, in
subpart A of this part, or in this section as follows:
Air pollution control system means the equipment used to reduce the
release of particulate matter and other pollutants to the atmosphere.
Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained to
stop the flow of hazardous waste to the combustion unit automatically
and immediately (except as provided by Sec. 63.1206(c)(3)(viii)) when
any operating requirement is exceeded.
Btu means British Thermal Units.
By-pass duct means a device which diverts a minimum of 10 percent of
a cement kiln's off gas, or a device which the Administrator determines
on a case-by-case basis diverts a sample of kiln gas that contains
levels of carbon monoxide or hydrocarbons representative of the levels
in the kiln.
Combustion chamber means the area in which controlled flame
combustion of hazardous waste occurs.
Continuous monitor means a device which continuously samples the
regulated parameter specified in Sec. 63.1209 without interruption,
evaluates the detector response at least once every 15 seconds, and
computes and records the average value at least every 60 seconds, except
during allowable periods of calibration and except as defined otherwise
by the CEMS Performance Specifications in appendix B, part 60 of this
chapter.
Dioxin/furan and dioxins and furans mean tetra-, penta-, hexa-,
hepta-, and octa-chlorinated dibenzo dioxins and furans.
Existing source means any affected source that is not a new source.
Feedrate operating limits means limits on the feedrate of materials
(e.g., metals, chlorine) to the combustor that are established based on
comprehensive performance testing. The limits are established and
monitored by knowing the concentration of the limited material (e.g.,
chlorine) in each feedstream and the flowrate of each feedstream.
Feedstream means any material fed into a hazardous waste combustor,
including, but not limited to, any pumpable or nonpumpable solid,
liquid, or gas.
Flowrate means the rate at which a feedstream is fed into a
hazardous waste combustor.
Hazardous waste is defined in Sec. 261.3 of this chapter.
Hazardous waste burning cement kiln means a rotary kiln and any
associated preheater or precalciner devices that produce clinker by
heating limestone and other materials for subsequent production of
cement for use in commerce, and that burns hazardous waste at any time.
Hazardous waste combustor means a hazardous waste incinerator,
hazardous waste burning cement kiln, hazardous waste burning lightweight
aggregate kiln, hazardous waste liquid fuel boiler, hazardous waste
solid fuel boiler, or hazardous waste hydrochloric acid production
furnace.
Hazardous waste hydrochloric acid production furnace and Hazardous
Waste HCl production furnace mean a halogen acid furnace defined under
Sec. 260.10 of this chapter that produces aqueous hydrochloric acid
(HCl) product and that burns hazardous waste at any time.
Hazardous waste incinerator means a device defined as an incinerator
in Sec. 260.10 of this chapter and that burns hazardous waste at any
time. For purposes of this subpart, the hazardous waste incinerator
includes all associated firing systems and air pollution control
devices, as well as the combustion chamber equipment.
Hazardous waste lightweight aggregate kiln means a rotary kiln that
produces clinker by heating materials such as slate, shale and clay for
subsequent production of lightweight aggregate used in commerce, and
that burns hazardous waste at any time.
[[Page 11]]
Hazardous waste liquid fuel boiler means a boiler defined under
Sec. 260.10 of this chapter that does not burn solid fuels and that
burns hazardous waste at any time. Liquid fuel boiler includes boilers
that only burn gaseous fuel.
Hazardous waste residence time means the time elapsed from cutoff of
the flow of hazardous waste into the combustor (including, for example,
the time required for liquids to flow from the cutoff valve into the
combustor) until solid, liquid, and gaseous materials from the hazardous
waste (excluding residues that may adhere to combustion chamber surfaces
and excluding waste-derived recycled materials such as cement kiln dust
and internally recycled metals) exit the combustion chamber. For
combustors with multiple firing systems whereby the residence time may
vary for the firing systems, the hazardous waste residence time for
purposes of complying with this subpart means the longest residence time
for any firing system in use at the time of the waste cutoff.
Hazardous waste solid fuel boiler means a boiler defined under Sec.
260.10 of this chapter that burns a solid fuel and that burns hazardous
waste at any time.
Initial comprehensive performance test means the comprehensive
performance test that is used as the basis for initially demonstrating
compliance with the standards.
In-line kiln raw mill means a hazardous waste burning cement kiln
design whereby kiln gas is ducted through the raw material mill for
portions of time to facilitate drying and heating of the raw material.
Instantaneous monitoring for combustion system leak control means
detecting and recording pressure, without use of an averaging period, at
a frequency adequate to detect combustion system leak events from
hazardous waste combustion.
Monovent means an exhaust configuration of a building or emission
control device (e.g. positive pressure fabric filter) that extends the
length of the structure and has a width very small in relation to its
length (i.e., length to width ratio is typically greater than 5:1). The
exhaust may be an open vent with or without a roof, louvered vents, or a
combination of such features.
MTEC means maximum theoretical emissions concentration of metals or
HCl/Cl, expressed as [micro]g/dscm, and is calculated by dividing the
feedrate by the gas flowrate.
New source means any affected source the construction or
reconstruction of which is commenced after the dates specified under
Sec. Sec. 63.1206(a)(1)(i)(B), (a)(1)(ii)(B), and (a)(2)(ii).
One-minute average means the average of detector responses
calculated at least every 60 seconds from responses obtained at least
every 15 seconds.
Operating record means a documentation retained at the facility for
ready inspection by authorized officials of all information required by
the standards to document and maintain compliance with the applicable
regulations, including data and information, reports, notifications, and
communications with regulatory officials.
Operating requirements means operating terms or conditions, limits,
or operating parameter limits developed under this subpart that ensure
compliance with the emission standards.
Preheater tower combustion gas monitoring location means a location
within the preheater tower of a dry process cement kiln downstream (in
terms of gas flow) of all hazardous waste firing locations and where a
representative sample of combustion gas to measure combustion efficiency
can be monitored.
Raw material feed means the prepared and mixed materials, which
include but are not limited to materials such as limestone, clay, shale,
sand, iron ore, mill scale, cement kiln dust and flyash, that are fed to
a cement or lightweight aggregate kiln. Raw material feed does not
include the fuels used in the kiln to produce heat to form the clinker
product.
Research, development, and demonstration source means a source
engaged in laboratory, pilot plant, or prototype demonstration
operations:
(1) Whose primary purpose is to conduct research, development, or
short-term demonstration of an innovative and experimental hazardous
waste treatment technology or process; and
[[Page 12]]
(2) Where the operations are under the close supervision of
technically-trained personnel.
Rolling average means the average of all one-minute averages over
the averaging period.
Run means the net period of time during which an air emission sample
is collected under a given set of operating conditions. Three or more
runs constitutes a test. Unless otherwise specified, a run may be either
intermittent or continuous.
Run average means the average of the one-minute average parameter
values for a run.
System removal efficiency means [1 - Emission Rate (mass/time) /
Feedrate (mass/time)] X 100.
TEQ means the international method of expressing toxicity
equivalents for dioxins and furans as defined in U.S. EPA, Interim
Procedures for Estimating Risks Associated with Exposures to Mixtures of
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and
1989 Update, March 1989.
You means the owner or operator of a hazardous waste combustor.
(b) The acronyms used in this subpart refer to the following:
AWFCO means automatic waste feed cutoff.
CAS means chemical abstract services registry.
CEMS means continuous emissions monitoring system.
CMS means continuous monitoring system.
DRE means destruction and removal efficiency.
MACT means maximum achievable control technology.
MTEC means maximum theoretical emissions concentration.
NIC means notification of intent to comply.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 35103, July 3, 2001; 67 FR 6986, Feb.
14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59540, Oct. 12, 2005]
Sec. 63.1202 [Reserved]
Interim Emissions Standards and Operating Limits For Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
Sec. 63.1203 What are the standards for hazardous waste incinerators
that are effective until compliance with the standards under
Sec. 63.1219?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial particulate matter control device is 400 [deg]F or lower based
on the average of the test run average temperatures. (For purposes of
compliance, operation of a wet particulate control device is presumed to
meet the 400 [deg]F or lower requirement);
(2) Mercury in excess of 130 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 240 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
[[Page 13]]
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 77 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to 7
percent oxygen;
(2) Mercury in excess of 45 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 120 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1-(Wout / Win)] x 100%
Where:
Win = mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principle organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the
[[Page 14]]
most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1219 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1219 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1219 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6809, Feb. 13, 2002, as amended at 70 FR 59541, Oct. 12, 2005; 73
FR 18979, Apr. 8, 2008]
Sec. 63.1204 What are the standards for hazardous waste burning
cement kilns that are effective until compliance with the standards
under Sec. 63.1220?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 330 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 56 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane;
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
(A) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a
[[Page 15]]
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii)(A) of this section, you also must document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons in the main stack do
not exceed 20 parts per million by volume during those runs, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane.
(6) Hydrochloric acid and chlorine gas in excess of 130 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis, corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
(i) You must use suitable methods to determine the kiln raw material
feedrate.
(ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
following equation:
E = (Cs x Qsd)/P
Where:
E = emission rate of particulate matter, kg/Mg of kiln raw material
feed;
Cs = concentration of particulate matter, kg/dscm;
Qsd = volumetric flowrate of effluent gas, dscm/hr; and
P = total kiln raw material feed (dry basis), Mg/hr.
(iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the following
equation:
Ec = (Csk x Qsdk + Csb x
Qsdb)/P
Where:
Ec = the combined emission rate of particulate matter from
the kiln and bypass stack, kg/Mg of kiln raw material feed;
Csk = concentration of particulate matter in the kiln
effluent, kg/dscm;
Qsdk = volumetric flowrate of kiln effluent gas, dscm/hr;
Csb = concentration of particulate matter in the bypass stack
effluent, kg/dscm;
Qsdb = volumetric flowrate of bypass stack effluent gas,
dscm/hr; and
P = total kiln raw material feed (dry basis), Mg/hr.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 180 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 54 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
(A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this
section, you also must document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to
[[Page 16]]
7 percent oxygen, and reported as propane; or
(2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
(B) Hydrocarbons in the main stack are limited, if construction of
the kiln commenced after April 19, 1996 at a plant site where a cement
kiln (whether burning hazardous waste or not) did not previously exist,
to 50 parts per million by volume, over a 30-day block average
(monitored continuously with a continuous monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane.
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
(A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(B)(1) Carbon monoxide not exceeding 100 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
(2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7); and
(3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
(6) Hydrochloric acid and chlorine gas in excess of 86 parts per
million, combined emissions, expressed as hydrochloric acid equivalents,
dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
(i) You must use suitable methods to determine the kiln raw material
feedrate.
(ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
equation specified in paragraph (a)(7)(ii) of this section.
(iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the equation
specified in paragraph (a)(7)(iii) of this section.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE=[1-(Wout/Win)] x 100%
Where:
Win = mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principle organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
[[Page 17]]
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Cement kilns with in-line kiln raw mills--(1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraph (d)(1)(iv) of this section.
(ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of
operation.
(iii) You must calculate rolling averages for operating parameter
limits as provided by Sec. 63.1209(q)(2).
(iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
(i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Ctotal={Cmill-off x (Tmill-off/
(Tmill-off + Tmill-on)){time} +
{Cmill-on x (Tmill-on /(Tmill-off +
Tmill-on)){time}
Where:
Ctotal = time-weighted average concentration of a regulated
constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of
regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of
regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the
raw mill; and
Tmill-on = time when kiln gases are routed through the raw
mill.
(ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by paragraph
(d)(2) of this section.
(B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
(iii) Notification. (A) If you elect to document compliance with one
or more emission standards using this emission averaging provision, you
must notify the Administrator in the initial comprehensive performance
test plan submitted under Sec. 63.1207(e).
(B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and document
in the performance test plan that estimated emissions and estimated raw
mill down-time will not result in an exceedance of an emission standard
on an annual basis.
(C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
(e) Preheater or preheater/precalciner kilns with dual stacks--(1)
General. You
[[Page 18]]
must conduct performance testing on each stack to demonstrate compliance
with the emission standards, and you must establish operating parameter
limits under Sec. 63.1209 for each stack, except as provided by
paragraph (d)(1)(iv) of this section for dioxin/furan emissions testing
and operating parameter limits for the by-pass stack of in-line raw
mills.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
(i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time} + {Cbypass x
(Qbypass / (Qmain + Qbypass)){time}
Where:
Ctot = gas flowrate-weighted average concentration of the
regulated constituent;
Cmain = average performance test concentration demonstrated
in the main stack;
Cbypass = average performance test concentration demonstrated
in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.
(ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
(B) You must develop operating parameter limits for bypass stack and
main stack flowrates that ensure the emission concentrations calculated
with the equation in paragraph (e)(1) of this section do not exceed the
emission standards on a 12-hour rolling average basis. You must include
these flowrate limits in the Notification of Compliance.
(iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
(A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
(B) Document in the Notification of Compliance submitted under Sec.
63.1207(j) the demonstrated gas flowrate-weighted average emissions that
you calculate with the equation provided by paragraph (e)(2) of this
section.
(f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(g) [Reserved]
(h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New
Source Performance Standard for particulate matter and opacity under
Sec. 60.60 of this chapter.
(i) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1220 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1220 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1220 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6809, Feb. 13, 2002, as amended at 67 FR 6987, Feb. 14, 2002; 70
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]
Sec. 63.1205 What are the standards for hazardous waste burning
lightweight aggregate kilns that are effective until compliance with
the standards under Sec. 63.1221?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the
[[Page 19]]
(last) combustion chamber (or exit of any waste heat recovery system) to
400 [deg]F or lower based on the average of the test run average
temperatures. You must also notify in writing the RCRA authority that
you are complying with this option;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 250 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery
system) to 400 [deg]F or lower based on the average of the test run
average temperatures. You must also notify in writing the RCRA authority
that you are complying with this option;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 43 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (b)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of
[[Page 20]]
99.99% for each principal organic hazardous constituent (POHC)
designated under paragraph (c)(3) of this section. You must calculate
DRE for each POHC from the following equation:
DRE = [1--(Wout / Win)] x 100%
Where:
Win = mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principal organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to burn hazardous wastes F020, F021, F022,
F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1221 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1221 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1221 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6812, Feb. 13, 2002, as amended at 67 FR 77691, Dec. 19, 2002; 70
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]
Monitoring and Compliance Provisions
Sec. 63.1206 When and how must you comply with the standards and
operating requirements?
(a) Compliance dates--(1) Compliance dates for incinerators, cement
kilns, and lightweight aggregate kilns that burn hazardous waste--(i)
Compliance date for standards under Sec. Sec. 63.1203, 63.1204, and
63.1205--(A) Compliance dates for existing sources. You must comply with
the emission standards under Sec. Sec. 63.1203, 63.1204, and 63.1205
and the other requirements of this subpart no later than the compliance
date, September 30, 2003, unless the Administrator grants you an
extension of time under Sec. 63.6(i) or Sec. 63.1213, except:
(1) Cement kilns are exempt from the bag leak detection system
requirements under paragraph (c)(8) of this section;
(2) The bag leak detection system required under Sec. 63.1206(c)(8)
must be capable of continuously detecting and recording particulate
matter emissions at concentrations of 1.0 milligram per actual cubic
meter unless you demonstrate under Sec. 63.1209(g)(1) that a higher
detection limit would adequately detect bag leaks, in lieu of the
requirement for the higher detection
[[Page 21]]
limit under paragraph (c)(8)(ii)(A) of this section; and
(3) The excessive exceedances notification requirements for bag leak
detection systems under paragraph (c)(8)(iv) of this section are waived.
(B) New or reconstructed sources. (1) If you commenced construction
or reconstruction of your hazardous waste combustor after April 19,
1996, you must comply with the emission standards under Sec. Sec.
63.1203, 63.1204, and 63.1205 and the other requirements of this subpart
by the later of September 30, 1999 or the date the source starts
operations, except as provided by paragraphs (a)(1)(i)(A)(1) through (3)
and (a)(1)(i)(B)(2) of this section. The costs of retrofitting and
replacement of equipment that is installed specifically to comply with
this subpart, between April 19, 1996 and a source's compliance date, are
not considered to be reconstruction costs.
(2) For a standard under Sec. Sec. 63.1203, 63.1204, and 63.1205
that is more stringent than the standard proposed on April 19, 1996, you
may achieve compliance no later than September 30, 2003 if you comply
with the standard proposed on April 19, 1996 after September 30, 1999.
This exception does not apply, however, to new or reconstructed area
source hazardous waste combustors that become major sources after
September 30, 1999. As provided by Sec. 63.6(b)(7), such sources must
comply with the standards under Sec. Sec. 63.1203, 63.1204, and 63.1205
at startup.
(ii) Compliance date for standards under Sec. Sec. 63.1219,
63.1220, and 63.1221--(A) Compliance dates for existing sources. You
must comply with the emission standards under Sec. Sec. 63.1219,
63.1220, and 63.1221 and the other requirements of this subpart no later
than the compliance date, October 14, 2008, unless the Administrator
grants you an extension of time under Sec. 63.6(i) or Sec. 63.1213.
(B) New or reconstructed sources. (1) If you commenced construction
or reconstruction of your hazardous waste combustor after April 20,
2004, you must comply with the new source emission standards under
Sec. Sec. 63.1219, 63.1220, and 63.1221 and the other requirements of
this subpart by the later of October 12, 2005 or the date the source
starts operations, except as provided by paragraphs (a)(1)(ii)(B)(2) and
(a)(1)(ii)(B)(3) of this section. The costs of retrofitting and
replacement of equipment that is installed specifically to comply with
this subpart, between April 20, 2004, and a source's compliance date,
are not considered to be reconstruction costs.
(2) For a standard under Sec. Sec. 63.1219, 63.1220, and 63.1221
that is more stringent than the standard proposed on April 20, 2004, you
may achieve compliance no later than October 14, 2008, if you comply
with the standard proposed on April 20, 2004, after October 12, 2005.
This exception does not apply, however, to new or reconstructed area
source hazardous waste combustors that become major sources after
October 14, 2008. As provided by Sec. 63.6(b)(7), such sources must
comply with the standards under Sec. Sec. 63.1219, 63.1220, and 63.1221
at startup.
(3) If you commenced construction or reconstruction of a cement kiln
after April 20, 2004, you must comply with the new source emission
standard for particulate matter under Sec. 63.1220(b)(7)(i) by the
later of October 28, 2008 or the date the source starts operations.
(2) Compliance date for solid fuel boilers, liquid fuel boilers, and
hydrochloric acid production furnaces that burn hazardous waste for
standards under Sec. Sec. 63.1216, 63.1217, and 63.1218. (i) Compliance
date for existing sources. You must comply with the standards of this
subpart no later than the compliance date, October 14, 2008, unless the
Administrator grants you an extension of time under Sec. 63.6(i) or
Sec. 63.1213.
(ii) New or reconstructed sources. (A) If you commenced construction
or reconstruction of your hazardous waste combustor after April 20,
2004, you must comply with the new source emission standards of this
subpart by the later of October 12, 2005, or the date the source starts
operations, except as provided by paragraph (a)(2)(ii)(B) of this
section. The costs of retrofitting and replacement of equipment that is
installed specifically to comply with this subpart, between April 20,
2004, and a source's compliance date, are not considered to be
reconstruction costs.
[[Page 22]]
(B) For a standard in the subpart that is more stringent than the
standard proposed on April 20, 2004, you may achieve compliance no later
than October 14, 2008, if you comply with the standard proposed on April
20, 2004, after October 12, 2005. This exception does not apply,
however, to new or reconstructed area source hazardous waste combustors
that become major sources after October 14, 2008. As provided by Sec.
63.6(b)(7), such sources must comply with this subpart at startup.
(3) Early compliance. If you choose to comply with the emission
standards of this subpart prior to the dates specified in paragraphs
(a)(1) and (a)(2) of this section, your compliance date is the earlier
of the date you postmark the Notification of Compliance under Sec.
63.1207(j)(1) or the dates specified in paragraphs (a)(1) and (a)(2) of
this section.
(b) Compliance with standards--(1) Applicability. The emission
standards and operating requirements set forth in this subpart apply at
all times except:
(i) During periods of startup, shutdown, and malfunction; and
(ii) When hazardous waste is not in the combustion chamber (i.e.,
the hazardous waste feed to the combustor has been cut off for a period
of time not less than the hazardous waste residence time) and you have
documented in the operating record that you are complying with all
otherwise applicable requirements and standards promulgated under
authority of sections 112 (e.g., 40 CFR part 63, subparts LLL, DDDDD,
and NNNNN) or 129 of the Clean Air Act in lieu of the emission standards
under Sec. Sec. 63.1203, 63.1204, 63.1205, 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221; the monitoring and compliance
standards of this section and Sec. Sec. 63.1207 through 63.1209, except
the modes of operation requirements of Sec. 63.1209(q); and the
notification, reporting, and recordkeeping requirements of Sec. Sec.
63.1210 through 63.1212.
(2) Methods for determining compliance. The Administrator will
determine compliance with the emission standards of this subpart as
provided by Sec. 63.6(f)(2). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirements of Sec. Sec.
63.6(f)(2)(iii)(B) and 63.7(e)(1) to conduct performance testing under
representative operating conditions.
(3) Finding of compliance. The Administrator will make a finding
concerning compliance with the emission standards and other requirements
of this subpart as provided by Sec. 63.6(f)(3).
(4) Extension of compliance with emission standards. The
Administrator may grant an extension of compliance with the emission
standards of this subpart as provided by Sec. Sec. 63.6(i) and 63.1213.
(5) Changes in design, operation, or maintenance--(i) Changes that
may adversely affect compliance. If you plan to change (as defined in
paragraph (b)(5)(iii) of this section) the design, operation, or
maintenance practices of the source in a manner that may adversely
affect compliance with any emission standard that is not monitored with
a CEMS:
(A) Notification. You must notify the Administrator at least 60 days
prior to the change, unless you document circumstances that dictate that
such prior notice is not reasonably feasible. The notification must
include:
(1) A description of the changes and which emission standards may be
affected; and
(2) A comprehensive performance test schedule and test plan under
the requirements of Sec. 63.1207(f) that will document compliance with
the affected emission standard(s);
(B) Performance test. You must conduct a comprehensive performance
test under the requirements of Sec. Sec. 63.1207(f)(1) and (g)(1) to
document compliance with the affected emission standard(s) and establish
operating parameter limits as required under Sec. 63.1209, and submit
to the Administrator a Notification of Compliance under Sec. Sec.
63.1207(j) and 63.1210(d); and
(C) Restriction on waste burning. (1) Except as provided by
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior to
submitting the notification of compliance, you must not burn hazardous
waste for more than a total of 720 hours (renewable at the discretion of
the Administrator) and only
[[Page 23]]
for the purposes of pretesting or comprehensive performance testing.
Pretesting is defined at Sec. 63.1207(h)(2)(i) and (ii).
(2) You may petition the Administrator to obtain written approval to
burn hazardous waste in the interim prior to submitting a Notification
of Compliance for purposes other than testing or pretesting. You must
specify operating requirements, including limits on operating
parameters, that you determine will ensure compliance with the emission
standards of this subpart based on available information. The
Administrator will review, modify as necessary, and approve if warranted
the interim operating requirements.
(ii) Changes that will not affect compliance. If you determine that
a change will not adversely affect compliance with the emission
standards or operating requirements, you must document the change in the
operating record upon making such change. You must revise as necessary
the performance test plan, Documentation of Compliance, Notification of
Compliance, and start-up, shutdown, and malfunction plan to reflect
these changes.
(iii) Definition of ``change.'' For purposes of paragraph (b)(5) of
this section, ``change'' means any change in design, operation, or
maintenance practices that were documented in the comprehensive
performance test plan, Notification of Compliance, or startup, shutdown,
and malfunction plan.
(6) Compliance with the carbon monoxide and hydrocarbon emission
standards. This paragraph applies to sources that elect to comply with
the carbon monoxide and hydrocarbon emissions standards of this subpart
by documenting continuous compliance with the carbon monoxide standard
using a continuous emissions monitoring system and documenting
compliance with the hydrocarbon standard during the destruction and
removal efficiency (DRE) performance test or its equivalent.
(i) If a DRE test performed pursuant to Sec. 63.1207(c)(2) is
acceptable as documentation of compliance with the DRE standard, you may
use the highest hourly rolling average hydrocarbon level achieved during
the DRE test runs to document compliance with the hydrocarbon standard.
An acceptable DRE test is any test for which the data and results are
determined to meet quality assurance objectives (on a site-specific
basis) such that the results adequately demonstrate compliance with the
DRE standard.
(ii) If during this acceptable DRE test you did not obtain
hydrocarbon emissions data sufficient to document compliance with the
hydrocarbon standard, you must either:
(A) Perform, as part of the performance test, an ``equivalent DRE
test'' to document compliance with the hydrocarbon standard. An
equivalent DRE test is comprised of a minimum of three runs each with a
minimum duration of one hour during which you operate the combustor as
close as reasonably possible to the operating parameter limits that you
established based on the initial DRE test. You must use the highest
hourly rolling average hydrocarbon emission level achieved during the
equivalent DRE test to document compliance with the hydrocarbon
standard; or
(B) Perform a DRE test as part of the performance test.
(7) Compliance with the DRE standard. (i) Except as provided in
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
(A) You must document compliance with the Destruction and Removal
Efficiency (DRE) standard under this subpart only once provided that you
do not modify the source after the DRE test in a manner that could
affect the ability of the source to achieve the DRE standard.
(B) You may use any DRE test data that documents that your source
achieves the required level of DRE provided:
(1) You have not modified the design or operation of your source in
a manner that could effect the ability of your source to achieve the DRE
standard since the DRE test was performed; and,
(2) The DRE test data meet quality assurance objectives determined
on a site-specific basis.
(ii) Sources that feed hazardous waste at locations other than the
normal flame zone. (A) Except as provided by paragraph (b)(7)(ii)(B) of
this section, if you feed hazardous waste at a location in the
combustion system other than the
[[Page 24]]
normal flame zone, then you must demonstrate compliance with the DRE
standard during each comprehensive performance test;
(B)(1) A cement kiln that feeds hazardous waste at a location other
than the normal flame zone need only demonstrate compliance with the DRE
standard during three consecutive comprehensive performance tests
provided that:
(i) All three tests achieve the DRE standard in this subpart; and
(ii) The design, operation, and maintenance features of each of the
three tests are similar;
(iii) The data in lieu restriction of Sec. 63.1207(c)(2)(iv) does
not apply when complying with the provisions of paragraph (b)(7)(ii)(B)
of this section;
(2) If at any time you change your design, operation, and
maintenance features in a manner that could reasonably be expected to
affect your ability to meet the DRE standard, then you must comply with
the requirements of paragraph (b)(7)(ii)(A) of this section.
(iii) For sources that do not use DRE previous testing to document
conformance with the DRE standard pursuant to Sec. 63.1207(c)(2), you
must perform DRE testing during the initial comprehensive performance
test.
(8) Applicability of particulate matter and opacity standards during
particulate matter CEMS correlation tests. (i) Any particulate matter
and opacity standards of parts 60, 61, 63, 264, 265, and 266 of this
chapter (i.e., any title 40 particulate or opacity standards) applicable
to a hazardous waste combustor do not apply while you conduct
particulate matter continuous emissions monitoring system (CEMS)
correlation tests (i.e., correlation with manual stack methods) under
the conditions of paragraphs (b)(8)(iii) through (vii) of this section.
(ii) Any permit or other emissions or operating parameter limits or
conditions, including any limitation on workplace practices, that are
applicable to hazardous waste combustors to ensure compliance with any
particulate matter and opacity standards of parts 60, 61, 63, 264, 265,
and 266 of this chapter (i.e., any title 40 particulate or opacity
standards) do not apply while you conduct particulate matter CEMS
correlation tests under the conditions of paragraphs (b)(8)(iii) through
(vii) of this section.
(iii) For the provisions of this section to apply, you must:
(A) Develop a particulate matter CEMS correlation test plan that
includes the following information. This test plan may be included as
part of the comprehensive performance test plan required under
Sec. Sec. 63.1207(e) and (f):
(1) Number of test conditions and number of runs for each test
condition;
(2) Target particulate matter emission level for each test
condition;
(3) How you plan to modify operations to attain the desired
particulate matter emission levels; and
(4) Anticipated normal particulate matter emission levels; and
(B) Submit the test plan to the Administrator for approval at least
90 calendar days before the correlation test is scheduled to be
conducted.
(iv) The Administrator will review and approve/disapprove the
correlation test plan under the procedures for review and approval of
the site-specific test plan provided by Sec. 63.7(c)(3)(i) and (iii).
If the Administrator fails to approve or disapprove the correlation test
plan within the time period specified by Sec. 63.7(c)(3)(i), the plan
is considered approved, unless the Administrator has requested
additional information.
(v) The particulate matter and opacity standards and associated
operating limits and conditions will not be waived for more than 96
hours, in the aggregate, for a correlation test, including all runs of
all test conditions, unless more time is approved by the Administrator.
(vi) The stack sampling team must be on-site and prepared to perform
correlation testing no later than 24 hours after you modify operations
to attain the desired particulate matter emissions concentrations,
unless you document in the correlation test plan that a longer period of
conditioning is appropriate.
(vii) You must return to operating conditions indicative of
compliance with the applicable particulate matter and opacity standards
as soon as possible after correlation testing is completed.
[[Page 25]]
(9) Alternative standards for existing or new hazardous waste
burning lightweight aggregate kilns using MACT. (i) You may petition the
Administrator to request alternative standards to the mercury or
hydrogen chloride/chlorine gas emission standards of this subpart, to
the semivolatile metals emission standards under Sec. Sec. 63.1205,
63.1221(a)(3)(ii), or 63.1221(b)(3)(ii), or to the low volatile metals
emissions standards under Sec. Sec. 63.1205, 63.1221(a)(4)(ii), or
63.1221(b)(4)(ii) if:
(A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of raw material
contributions to emissions of mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas; or
(B) You determine that mercury is not present at detectable levels
in your raw material.
(ii) The alternative standard that you recommend under paragraph
(b)(9)(i)(A) of this section may be an operating requirement, such as a
hazardous waste feedrate limitation for metals and/or chlorine, and/or
an emission limitation.
(iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this
section.
(iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(9)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions prevent you from complying with the emission standard even
though the source is using MACT, as defined under paragraphs
(b)(9)(viii) and (ix) of this section, for the standard for which you
are seeking relief.
(B) Alternative standard petitions that you submit under paragraph
(b)(9)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
(v) You must include data or information with semivolatile metal and
low volatility metal alternative standard petitions that you submit
under paragraph (b)(9)(i)(A) of this section documenting that increased
chlorine feedrates associated with the burning of hazardous waste, when
compared to non-hazardous waste operations, do not significantly
increase metal emissions attributable to raw materials.
(vi) You must include data or information with semivolatile metals,
low volatile metals, and hydrogen chloride/chlorine gas alternative
standard petitions that you submit under paragraph (b)(9)(i)(A) of this
section documenting that semivolatile metals, low volatile metals, and
hydrogen chloride/chlorine gas emissions attributable to the hazardous
waste only will not exceed the emission standards of this subpart.
(vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in this subpart:
(A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
(B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
(viii) For purposes of this alternative standard provision, MACT for
existing hazardous waste burning lightweight aggregate kilns is defined
as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 24 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 120,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less; and
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 2,000,000 [micro]gm/dscm or less,
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 85 percent or greater.
(ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning lightweight aggregate kilns is defined as:
[[Page 26]]
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 4 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 46,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 14,000,000 [micro]gm/dscm or less,
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 99.6 percent or greater.
(10) Alternative standards for existing or new hazardous waste
burning cement kilns using MACT. (i) You may petition the Administrator
to request alternative standards to the mercury or hydrogen chloride/
chlorine gas emission standards of this subpart, to the semivolatile
metals emission standards under Sec. Sec. 63.1204, 63.1220(a)(3)(ii),
or 63.1220(b)(3)(ii), or to the low volatile metals emissions standards
under Sec. Sec. 63.1204, 63.1220(a)(4)(ii), or 63.1220(b)(4)(ii) if:
(A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of raw material
contributions to emissions of mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas; or
(B) You determine that mercury is not present at detectable levels
in your raw material.
(ii) The alternative standard that you recommend under paragraph
(b)(10)(i)(A) of this section may be an operating requirement, such as a
hazardous waste feedrate limitation for metals and/or chlorine, and/or
an emission limitation.
(iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this
section.
(iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(10)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions prevent you from complying with the emission standard even
though the source is using MACT, as defined in paragraphs (b)(10)(viii)
and (ix) of this section, for the standard for which you are seeking
relief.
(B) Alternative standard petitions that you submit under paragraph
(b)(10)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
(v) You must include data or information with semivolatile metal and
low volatile metal alternative standard petitions that you submit under
paragraph (b)(10)(i)(A) of this section documenting that increased
chlorine feedrates associated with the burning of hazardous waste, when
compared to non-hazardous waste operations, do not significantly
increase metal emissions attributable to raw materials.
(vi) You must include data or information with semivolatile metals,
low volatile metals, and hydrogen chloride/chlorine gas alternative
standard petitions that you submit under paragraph (b)(10)(i)(A) of this
section documenting that emissions of the regulated metals and hydrogen
chloride/chlorine gas attributable to the hazardous waste only will not
exceed the emission standards in this subpart.
(vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in this subpart:
(A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
(B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
(viii) For purposes of this alternative standard provision, MACT for
existing hazardous waste burning cement kilns is defined as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 88 [micro]g/dscm or less;
[[Page 27]]
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 54,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less; and
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 720,000 [micro]gm/dscm or less.
(ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning cement kilns is defined as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 7 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 15,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 420,000 [micro]gm/dscm or less.
(11) Calculation of hazardous waste residence time. You must
calculate the hazardous waste residence time and include the calculation
in the performance test plan under Sec. 63.1207(f) and the operating
record. You must also provide the hazardous waste residence time in the
Documentation of Compliance under Sec. 63.1211(c) and the Notification
of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d).
(12) Documenting compliance with the standards based on performance
testing. (i) You must conduct a minimum of three runs of a performance
test required under Sec. 63.1207 to document compliance with the
emission standards of this subpart.
(ii) You must document compliance with the emission standards based
on the arithmetic average of the emission results of each run, except
that you must document compliance with the destruction and removal
efficiency standard for each run of the comprehensive performance test
individually.
(13) Cement kilns and lightweight aggregate kilns that feed
hazardous waste at a location other than the end where products are
normally discharged and where fuels are normally fired. (i) Cement kilns
that feed hazardous waste at a location other than the end where
products are normally discharged and where fuels are normally fired must
comply with the carbon monoxide and hydrocarbon standards of this
subpart as follows:
(A) For existing sources, you must not discharge or cause combustion
gases to be emitted into the atmosphere that contain either:
(1) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(2) Hydrocarbons both in the by-pass duct and at a preheater tower
combustion gas monitoring location in excess of 10 parts per million by
volume, at each location, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(3) If the only firing location of hazardous waste upstream (in
terms of gas flow) of the point where combustion gases are diverted into
the bypass duct is at the kiln end where products are normally
discharged, then both hydrocarbons at the preheater tower combustion gas
monitoring location in excess of 10 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane, and either hydrocarbons in the by-pass duct in
excess of 10 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry
[[Page 28]]
basis, corrected to 7 percent oxygen, and reported as propane, or carbon
monoxide in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, and corrected to 7 percent oxygen. If you
comply with the carbon monoxide standard of 100 parts per million by
volume in the by-pass duct, then you must also not discharge or cause
combustion gases to be emitted into the atmosphere that contain
hydrocarbons in the by-pass duct in excess of 10 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7).
(B) For new sources, you must not discharge or cause combustion
gases to be emitted into the atmosphere that contain either:
(1) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(2)(i) Hydrocarbons both in the by-pass duct and at a preheater
tower combustion gas monitoring location in excess of 10 parts per
million by volume, at each location, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, and
(ii) Hydrocarbons in the main stack, if construction of the kiln
commenced after April 19, 1996 at a plant site where a cement kiln
(whether burning hazardous waste or not) did not previously exist, to 50
parts per million by volume, over a 30-day block average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(3)(i) If the only firing location of hazardous waste upstream (in
terms of gas flow) of the point where combustion gases are diverted into
the bypass duct is at the kiln end where products are normally
discharged, then both hydrocarbons at the preheater tower combustion gas
monitoring location in excess of 10 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane, and either hydrocarbons in the by-pass duct in
excess of 10 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, or
carbon monoxide in excess of 100 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, and corrected to 7 percent
oxygen. If you comply with the carbon monoxide standard of 100 parts per
million by volume in the by-pass duct, then you must also not discharge
or cause combustion gases to be emitted into the atmosphere that contain
hydrocarbons in the by-pass duct in excess of 10 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7).
(ii) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous emissions monitoring system), dry basis, corrected to
7 percent oxygen, and reported as propane.
(ii) Lightweight aggregate kilns that feed hazardous waste at a
location other than the end where products are normally discharged and
where fuels are normally fired must comply with the hydrocarbon
standards of this subpart as follows:
(A) Existing sources must comply with the 20 parts per million by
volume hydrocarbon standard of this subpart;
[[Page 29]]
(B) New sources must comply with the 20 parts per million by volume
hydrocarbon standard of this subpart.
(14) Alternative to the particulate matter standard for
incinerators--(i) General. In lieu of complying with the particulate
matter standards under Sec. 63.1203, you may elect to comply with the
following alternative metal emission control requirements:
(ii) Alternative metal emission control requirements for existing
incinerators. (A) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 240 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 97 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(iii) Alternative metal emission control requirements for new
incinerators. (A) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 24 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 97 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(iv) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (b)(14)(ii) and
(iii) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(15) Alternative to the interim standards for mercury for cement and
lightweight aggregate kilns--(i) General. In lieu of complying with the
applicable mercury standards of Sec. Sec. 63.1204(a)(2) and (b)(2) for
existing and new cement kilns and Sec. Sec. 63.1205(a)(2) and (b)(2)
for existing and new lightweight aggregate kilns, you may instead elect
to comply with the alternative mercury standard described in paragraphs
(b)(15)(ii) through (b)(15)(v) of this section.
(ii) Operating requirement. You must not exceed a hazardous waste
feedrate corresponding to a maximum theoretical emission concentration
(MTEC) of 120 [micro]g/dscm on a twelve-hour rolling average.
(iii) To document compliance with the operating requirement of
paragraph (b)(15)(ii) of this section, you must:
(A) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(B) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(C) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of
this section to the AWFCO system to stop hazardous waste burning when
the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of
this section.
(iv) In lieu of the requirement in paragraph (b)(15)(iii) of this
section, you may:
(A) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (b)(15)(iii)(C) of this section is below the operating
requirement of paragraph (b)(15)(ii) of this section; and
(B) Interlock the minimum gas flowrate limit and maximum feedrate
limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system
to stop hazardous waste burning when the gas flowrate or mercury
feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section.
(v) Notification requirement. You must notify in writing the RCRA
authority that you intend to comply with the alternative standard.
[[Page 30]]
(16) Compliance with subcategory standards for liquid fuel boilers.
You must comply with the mercury, semivolatile metals, low volatile
metals, and hydrogen chloride and chlorine standards for liquid fuel
boilers under Sec. 63.1217 as follows:
(i) You must determine the as-fired heating value of each batch of
hazardous waste fired by each firing system of the boiler so that you
know the mass-weighted heating value of the hazardous waste fired at all
times.
(ii) If the as-fired heating value of the hazardous waste is 10,000
Btu per pound or greater, you are subject to the thermal emission
concentration standards (lb/million Btu) under Sec. 63.1217.
(iii) If the as-fired heating value of the hazardous waste is less
than 10,000 Btu/lb, you are subject to the mass or volume emission
concentration standards ([micro]gm/dscm or ppmv) under Sec. 63.1217.
(iv) If the as-fired heating value of hazardous wastes varies above
and below 10,000 Btu/lb over time, you are subject to the thermal
concentration standards when the heating value is 10,000 Btu/lb or
greater and the mass concentration standards when the heating value is
less than 10,000 Btu/lb. You may elect to comply at all times with the
more stringent operating requirements that ensure compliance with both
the thermal emission concentration standards and the mass or volume
emission concentration standards.
(c) Operating requirements--(1) General. (i) You must operate only
under the operating requirements specified in the Documentation of
Compliance under Sec. 63.1211(c) or the Notification of Compliance
under Sec. Sec. 63.1207(j) and 63.1210(d), except:
(A) During performance tests under approved test plans according to
Sec. 63.1207(e), (f), and (g), and
(B) Under the conditions of paragraph (b)(1)(i) or (ii) of this
section;
(ii) The Documentation of Compliance and the Notification of
Compliance must contain operating requirements including, but not
limited to, the operating requirements in this section and Sec. 63.1209
(iii) Failure to comply with the operating requirements is failure
to ensure compliance with the emission standards of this subpart;
(iv) Operating requirements in the Notification of Compliance are
applicable requirements for purposes of parts 70 and 71 of this chapter;
(v) The operating requirements specified in the Notification of
Compliance will be incorporated in the title V permit.
(2) Startup, shutdown, and malfunction plan. (i) You are subject to
the startup, shutdown, and malfunction plan requirements of Sec.
63.6(e)(3).
(ii) If you elect to comply with Sec. Sec. 270.235(a)(1)(iii),
270.235(a)(2)(iii), or 270.235(b)(1)(ii) of this chapter to address RCRA
concerns that you minimize emissions of toxic compounds from startup,
shutdown, and malfunction events (including releases from emergency
safety vents):
(A) The startup, shutdown, and malfunction plan must include a
description of potential causes of malfunctions, including releases from
emergency safety vents, that may result in significant releases of
hazardous air pollutants, and actions the source is taking to minimize
the frequency and severity of those malfunctions.
(B) You must submit the startup, shutdown, and malfunction plan to
the Administrator for review and approval.
(1) Approval procedure. The Administrator will notify you of
approval or intention to deny approval of the startup, shutdown, and
malfunction plan within 90 calendar days after receipt of the original
request and within 60 calendar days after receipt of any supplemental
information that you submit. Before disapproving the plan, the
Administrator will notify you of the Administrator's intention to
disapprove the plan together with:
(i) Notice of the information and findings on which intended
disapproval is based; and
(ii) Notice of opportunity for you to present additional information
to the Administrator before final action on disapproval of the plan. At
the time the Administrator notifies you of intention to disapprove the
plan, the Administrator will specify how much time you will have after
being notified
[[Page 31]]
on the intended disapproval to submit additional information.
(2) Responsibility of owners and operators. You are responsible for
ensuring that you submit any supplementary and additional information
supporting your plan in a timely manner to enable the Administrator to
consider whether to approve the plan. Neither your submittal of the
plan, nor the Administrator's failure to approve or disapprove the plan,
relieves you of the responsibility to comply with the provisions of this
subpart.
(C) Changes to the plan that may significantly increase emissions.
(1) You must request approval in writing from the Administrator within 5
days after making a change to the startup, shutdown, and malfunction
plan that may significantly increase emissions of hazardous air
pollutants.
(2) To request approval of such changes to the startup, shutdown,
and malfunction plan, you must follow the procedures provided by
paragraph (c)(2)(ii)(B) of this section for initial approval of the
plan.
(iii) You must identify in the plan a projected oxygen correction
factor based on normal operations to use during periods of startup and
shutdown.
(iv) You must record the plan in the operating record.
(v) Operating under the startup, shutdown, and malfunction plan--(A)
Compliance with AWFCO requirements during malfunctions. (1) During
malfunctions, the automatic waste feed cutoff requirements of Sec.
63.1206(c)(3) continue to apply, except for paragraphs (c)(3)(v) and
(c)(3)(vi) of this section. If you exceed a part 63, subpart EEE, of
this chapter emission standard monitored by a CEMS or COMs or operating
limit specified under Sec. 63.1209, the automatic waste feed cutoff
system must immediately and automatically cutoff the hazardous waste
feed, except as provided by paragraph (c)(3)(viii) of this section. If
the malfunction itself prevents immediate and automatic cutoff of the
hazardous waste feed, however, you must cease feeding hazardous waste as
quickly as possible.
(2) Although the automatic waste feed cutoff requirements continue
to apply during a malfunction, an exceedance of an emission standard
monitored by a CEMS or COMS or operating limit specified under Sec.
63.1209 is not a violation of this subpart if you take the corrective
measures prescribed in the startup, shutdown, and malfunction plan.
(3) Excessive exceedances during malfunctions. For each set of 10
exceedances of an emission standard or operating requirement while
hazardous waste remains in the combustion chamber (i.e., when the
hazardous waste residence time has not transpired since the hazardous
waste feed was cutoff) during a 60-day block period, you must:
(i) Within 45 days of the 10th exceedance, complete an investigation
of the cause of each exceedance and evaluation of approaches to minimize
the frequency, duration, and severity of each exceedance, and revise the
startup, shutdown, and malfunction plan as warranted by the evaluation
to minimize the frequency, duration, and severity of each exceedance;
and
(ii) Record the results of the investigation and evaluation in the
operating record, and include a summary of the investigation and
evaluation, and any changes to the startup, shutdown, and malfunction
plan, in the excess emissions report required under Sec. 63.10(e)(3).
(B) Compliance with AWFCO requirements when burning hazardous waste
during startup and shutdown. (1) If you feed hazardous waste during
startup or shutdown, you must include waste feed restrictions (e.g.,
type and quantity), and other appropriate operating conditions and
limits in the startup, shutdown, and malfunction plan.
(2) You must interlock the operating limits you establish under
paragraph (c)(2)(v)(B)(1) of this section with the automatic waste feed
cutoff system required under Sec. 63.1206(c)(3), except for paragraphs
(c)(3)(v) and (c)(3)(vi) of this section.
(3) When feeding hazardous waste during startup or shutdown, the
automatic waste feed cutoff system must immediately and automatically
cutoff the hazardous waste feed if you exceed the operating limits you
establish under paragraph (c)(2)(v)(B)(1) of this section, except as
provided by paragraph (c)(3)(viii) of this section.
[[Page 32]]
(4) Although the automatic waste feed cutoff requirements of this
paragraph apply during startup and shutdown, an exceedance of an
emission standard or operating limit is not a violation of this subpart
if you comply with the operating procedures prescribed in the startup,
shutdown, and malfunction plan.
(3) Automatic waste feed cutoff (AWFCO)--(i) General. Upon the
compliance date, you must operate the hazardous waste combustor with a
functioning system that immediately and automatically cuts off the
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of
this section:
(A) When any of the following are exceeded: Operating parameter
limits specified under Sec. 63.1209; an emission standard monitored by
a CEMS; and the allowable combustion chamber pressure;
(B) When the span value of any CMS detector, except a CEMS, is met
or exceeded;
(C) Upon malfunction of a CMS monitoring an operating parameter
limit specified under Sec. 63.1209 or an emission level; or
(D) When any component of the automatic waste feed cutoff system
fails.
(ii) Ducting of combustion gases. During an AWFCO, you must continue
to duct combustion gasses to the air pollution control system while
hazardous waste remains in the combustion chamber (i.e., if the
hazardous waste residence time has not transpired since the hazardous
waste feed cutoff system was activated).
(iii) Restarting waste feed. You must continue to monitor during the
cutoff the operating parameters for which limits are established under
Sec. 63.1209 and the emissions required under that section to be
monitored by a CEMS, and you must not restart the hazardous waste feed
until the operating parameters and emission levels are within the
specified limits.
(iv) Failure of the AWFCO system. If the AWFCO system fails to
automatically and immediately cutoff the flow of hazardous waste upon
exceedance of a parameter required to be interlocked with the AWFCO
system under paragraph (c)(3)(i) of this section, you have failed to
comply with the AWFCO requirements of paragraph (c)(3) of this section.
If an equipment or other failure prevents immediate and automatic cutoff
of the hazardous waste feed, however, you must cease feeding hazardous
waste as quickly as possible.
(v) Corrective measures. If, after any AWFCO, there is an exceedance
of an emission standard or operating requirement, irrespective of
whether the exceedance occurred while hazardous waste remained in the
combustion chamber (i.e., whether the hazardous waste residence time has
transpired since the hazardous waste feed cutoff system was activated),
you must investigate the cause of the AWFCO, take appropriate corrective
measures to minimize future AWFCOs, and record the findings and
corrective measures in the operating record.
(vi) Excessive exceedance reporting. (A) For each set of 10
exceedances of an emission standard or operating requirement while
hazardous waste remains in the combustion chamber (i.e., when the
hazardous waste residence time has not transpired since the hazardous
waste feed was cutoff) during a 60-day block period, you must submit to
the Administrator a written report within 5 calendar days of the 10th
exceedance documenting the exceedances and results of the investigation
and corrective measures taken.
(B) On a case-by-case basis, the Administrator may require excessive
exceedance reporting when fewer than 10 exceedances occur during a 60-
day block period.
(vii) Testing. The AWFCO system and associated alarms must be tested
at least weekly to verify operability, unless you document in the
operating record that weekly inspections will unduly restrict or upset
operations and that less frequent inspection will be adequate. At a
minimum, you must conduct operability testing at least monthly. You must
document and record in the operating record AWFCO operability test
procedures and results.
(viii) Ramping down waste feed. (A) You may ramp down the waste
feedrate of pumpable hazardous waste over a period not to exceed one
minute, except as provided by paragraph (c)(3)(viii)(B) of this section.
If you elect to ramp
[[Page 33]]
down the waste feed, you must document ramp down procedures in the
operating and maintenance plan. The procedures must specify that the
ramp down begins immediately upon initiation of automatic waste feed
cutoff and the procedures must prescribe a bona fide ramping down. If an
emission standard or operating limit is exceeded during the ramp down,
you have failed to comply with the emission standards or operating
requirements of this subpart.
(B) If the automatic waste feed cutoff is triggered by an exceedance
of any of the following operating limits, you may not ramp down the
waste feed cutoff: Minimum combustion chamber temperature, maximum
hazardous waste feedrate, or any hazardous waste firing system operating
limits that may be established for your combustor.
(4) ESV openings--(i) Failure to meet standards. If an emergency
safety vent (ESV) opens when hazardous waste remains in the combustion
chamber (i.e., when the hazardous waste residence time has not expired)
during an event other than a malfunction as defined in the startup,
shutdown, and malfunction plan such that combustion gases are not
treated as during the most recent comprehensive performance test (e.g.,
if the combustion gas by-passes any emission control device that was
operating during the performance test), you must document in the
operating record whether you remain in compliance with the emission
standards of this subpart considering emissions during the ESV opening
event.
(ii) ESV operating plan. (A) You must develop an ESV operating plan,
comply with the operating plan, and keep the plan in the operating
record.
(B) The ESV operating plan must provide detailed procedures for
rapidly stopping the waste feed, shutting down the combustor, and
maintaining temperature and negative pressure in the combustion chamber
during the hazardous waste residence time, if feasible. The plan must
include calculations and information and data documenting the
effectiveness of the plan's procedures for ensuring that combustion
chamber temperature and negative pressure are maintained as is
reasonably feasible.
(iii) Corrective measures. After any ESV opening that results in a
failure to meet the emission standards as defined in paragraph (c)(4)(i)
of this section, you must investigate the cause of the ESV opening, take
appropriate corrective measures to minimize such future ESV openings,
and record the findings and corrective measures in the operating record.
(iv) Reporting requirements. You must submit to the Administrator a
written report within 5 days of an ESV opening that results in failure
to meet the emission standards of this subpart (as determined in
paragraph (c)(4)(i) of this section) documenting the result of the
investigation and corrective measures taken.
(5) Combustion system leaks. (i) Combustion system leaks of
hazardous air pollutants must be controlled by:
(A) Keeping the combustion zone sealed to prevent combustion system
leaks; or
(B) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
(C) Upon prior written approval of the Administrator, an alternative
means of control to provide control of combustion system leaks
equivalent to maintenance of combustion zone pressure lower than ambient
pressure; or
(D) Upon prior written approval of the Administrator, other
technique(s) which can be demonstrated to prevent fugitive emissions
without use of instantaneous pressure limits; and
(ii) You must specify in the performance test workplan and
Notification of Compliance the method that will be used to control
combustion system leaks. If you control combustion system leaks by
maintaining the combustion zone pressure lower than ambient pressure
using an instantaneous monitor, you must also specify in the performance
test workplan and Notification of Compliance the monitoring and
recording frequency of the pressure monitor, and specify how the
monitoring approach will be integrated into the automatic waste feed
cutoff system.
(6) Operator training and certification. (i) You must establish
training programs for all categories of personnel
[[Page 34]]
whose activities may reasonably be expected to directly affect emissions
of hazardous air pollutants from the source. Such persons include, but
are not limited to, chief facility operators, control room operators,
continuous monitoring system operators, persons that sample and analyze
feedstreams, persons that manage and charge feedstreams to the
combustor, persons that operate emission control devices, and ash and
waste handlers. Each training program shall be of a technical level
commensurate with the person's job duties specified in the training
manual. Each commensurate training program shall require an examination
to be administered by the instructor at the end of the training course.
Passing of this test shall be deemed the ``certification'' for
personnel, except that, for control room operators, the training and
certification program shall be as specified in paragraphs (c)(6)(iii)
through (c)(6)(vi) of this section.
(ii) You must ensure that the source is operated and maintained at
all times by persons who are trained and certified to perform these and
any other duties that may affect emissions of hazardous air pollutants.
A certified control room operator must be on duty at the site at all
times the source is in operation.
(iii) Hazardous waste incinerator control room operators must:
(A) Be trained and certified under a site-specific, source-developed
and implemented program that meets the requirements of paragraph
(c)(6)(v) of this section; or
(B) Be trained under the requirements of, and certified under, one
of the following American Society of Mechanical Engineers (ASME)
standards: QHO-1-1994, QHO-1a-1996, or QHO-1-2004 (Standard for the
Qualification and Certification of Hazardous Waste Incinerator
Operators). If you elect to use the ASME program:
(1) Control room operators must, prior to the compliance date,
achieve provisional certification, and must submit an application to
ASME and be scheduled for the full certification exam. Within one year
of the compliance date, control room operators must achieve full
certification;
(2) New operators and operators of new sources must, before assuming
their duties, achieve provisional certification, and must submit an
application to ASME, and be scheduled for the full certification exam.
Within one year of assuming their duties, these operators must achieve
full certification; or
(C) Be trained and certified under a State program.
(iv) Control room operators of cement kilns, lightweight aggregate
kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid
production furnaces must be trained and certified under:
(A) A site-specific, source-developed and implemented program that
meets the requirements of paragraph (c)(6)(v) of this section; or
(B) A State program.
(v) Site-specific, source developed and implemented training
programs for control room operators must include the following elements:
(A) Training on the following subjects:
(1) Environmental concerns, including types of emissions;
(2) Basic combustion principles, including products of combustion;
(3) Operation of the specific type of combustor used by the
operator, including proper startup, waste firing, and shutdown
procedures;
(4) Combustion controls and continuous monitoring systems;
(5) Operation of air pollution control equipment and factors
affecting performance;
(6) Inspection and maintenance of the combustor, continuous
monitoring systems, and air pollution control devices;
(7) Actions to correct malfunctions or conditions that may lead to
malfunction;
(8) Residue characteristics and handling procedures; and
(9) Applicable Federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards; and
(B) An examination designed and administered by the instructor; and
(C) Written material covering the training course topics that may
serve as reference material following completion of the course.
[[Page 35]]
(vi) To maintain control room operator qualification under a site-
specific, source developed and implemented training program as provided
by paragraph (c)(6)(v) of this section, control room operators must
complete an annual review or refresher course covering, at a minimum,
the following topics:
(A) Update of regulations;
(B) Combustor operation, including startup and shutdown procedures,
waste firing, and residue handling;
(C) Inspection and maintenance;
(D) Responses to malfunctions or conditions that may lead to
malfunction; and
(E) Operating problems encountered by the operator.
(vii) You must record the operator training and certification
program in the operating record.
(7) Operation and maintenance plan--(i) You must prepare and at all
times operate according to an operation and maintenance plan that
describes in detail procedures for operation, inspection, maintenance,
and corrective measures for all components of the combustor, including
associated pollution control equipment, that could affect emissions of
regulated hazardous air pollutants.
(ii) The plan must prescribe how you will operate and maintain the
combustor in a manner consistent with good air pollution control
practices for minimizing emissions at least to the levels achieved
during the comprehensive performance test.
(iii) This plan ensures compliance with the operation and
maintenance requirements of Sec. 63.6(e) and minimizes emissions of
pollutants, automatic waste feed cutoffs, and malfunctions.
(iv) You must record the plan in the operating record.
(8) Bag leak detection system requirements. (i) If your combustor is
equipped with a baghouse (fabric filter), you must continuously operate
either:
(A) A bag leak detection system that meets the specifications and
requirements of paragraph (c)(8)(ii) of this section and you must comply
with the corrective measures and notification requirements of paragraphs
(c)(8)(iii) and (iv) of this section; or
(B) A particulate matter detection system under paragraph (c)(9) of
this section.
(ii) Bag leak detection system specification and requirements. (A)
The bag leak detection system must be certified by the manufacturer to
be capable of continuously detecting and recording particulate matter
emissions at concentrations of 1.0 milligrams per actual cubic meter
unless you demonstrate, under Sec. 63.1209(g)(1), that a higher
detection limit would routinely detect particulate matter loadings
during normal operations;
(B) The bag leak detection system shall provide output of relative
or absolute particulate matter loadings;
(C) The bag leak detection system shall be equipped with an alarm
system that will sound an audible alarm when an increase in relative
particulate loadings is detected over a preset level;
(D) The bag leak detection system shall be installed and operated in
a manner consistent with available written guidance from the U.S.
Environmental Protection Agency or, in the absence of such written
guidance, the manufacturer's written specifications and recommendations
for installation, operation, and adjustment of the system;
(E) The initial adjustment of the system shall, at a minimum,
consist of establishing the baseline output by adjusting the sensitivity
(range) and the averaging period of the device, and establishing the
alarm set points and the alarm delay time;
(F) Following initial adjustment, you must not adjust the
sensitivity or range, averaging period, alarm set points, or alarm delay
time, except as detailed in the operation and maintenance plan required
under paragraph (c)(7) of this section. You must not increase the
sensitivity by more than 100 percent or decrease the sensitivity by more
than 50 percent over a 365 day period unless such adjustment follows a
complete baghouse inspection which demonstrates the baghouse is in good
operating condition;
(G) For negative pressure or induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag
[[Page 36]]
leak detector shall be installed downstream of the baghouse and upstream
of any wet acid gas scrubber; and
(H) Where multiple detectors are required, the system's
instrumentation and alarm system may be shared among the detectors.
(iii) Bag leak detection system corrective measures requirements.
The operating and maintenance plan required by paragraph (c)(7) of this
section must include a corrective measures plan that specifies the
procedures you will follow in the case of a bag leak detection system
alarm or malfunction. The corrective measures plan must include, at a
minimum, the procedures used to determine and record the time and cause
of the alarm or bag leak detection system malfunction in accordance with
the requirements of paragraph (c)(8)(iii)(A) of this section as well as
the corrective measures taken to correct the control device or bag leak
detection system malfunction or to minimize emissions in accordance with
the requirements of paragraph (c)(8)(iii)(B) of this section. Failure to
initiate the corrective measures required by this paragraph is failure
to ensure compliance with the emission standards in this subpart.
(A) You must initiate the procedures used to determine the cause of
the alarm or bag leak detection system malfunction within 30 minutes of
the time the alarm first sounds; and
(B) You must alleviate the cause of the alarm or bag leak detection
system malfunction by taking the necessary corrective measure(s) which
may include, but are not to be limited to, the following:
(1) Inspecting the baghouse for air leaks, torn or broken filter
elements, or any other malfunction that may cause an increase in
emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media, or otherwise repairing
the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system; or
(6) Shutting down the combustor.
(iv) Excessive exceedances notification. If you operate the
combustor when the detector response exceeds the alarm set-point or the
bag leak detection system is malfunctioning more than 5 percent of the
time during any 6-month block time period, you must submit a
notification to the Administrator within 30 days of the end of the 6-
month block time period that describes the causes of the exceedances and
bag leak detection system malfunctions and the revisions to the design,
operation, or maintenance of the combustor, baghouse, or bag leak
detection system you are taking to minimize exceedances and bag leak
detection system malfunctions. To document compliance with this
requirement:
(A) You must keep records of the date, time, and duration of each
alarm and bag leak detection system malfunction, the time corrective
action was initiated and completed, and a brief description of the cause
of the alarm or bag leak detection system malfunction and the corrective
action taken;
(B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the bag leak detection system
malfunctions;
(C) If inspection of the fabric filter demonstrates that no
corrective action is required, then no alarm time is counted; and
(D) If corrective action is required, each alarm shall be counted as
a minimum of 1 hour. Each bag leak detection system malfunction shall
also be counted as a minimum of 1 hour.
(9) Particulate matter detection system requirements. You must
continuously operate a particulate matter detection system (PMDS) that
meets the specifications and requirements of paragraphs (c)(9)(i)
through (v) of this section and you must comply with the corrective
measures and notification requirements of paragraphs (c)(9)(vii) and
(viii) of this section if your combustor either: Is equipped with an
electrostatic precipitator or ionizing wet scrubber and you do not
establish site-specific control device operating parameter limits under
Sec. 63.1209(m)(1)(iv) that are linked to the automatic waste feed
cutoff system under paragraph
[[Page 37]]
(c)(3) of this section, or is equipped with a baghouse (fabric filter)
and you do not operate a bag leak detection system as provided by
paragraph (c)(8)(i)(B) of this section.
(i) PMDS requirements. (A) The PMDS must be certified by the
manufacturer to be capable of continuously detecting and recording
particulate matter emissions at concentrations of 1.0 milligrams per
actual cubic meter unless you demonstrate, under Sec. 63.1209(g)(1),
that a higher detection limit would routinely detect particulate matter
loadings during normal operations;
(B) The particulate matter detector shall provide output of relative
or absolute particulate matter loadings;
(C) The PMDS shall be equipped with an alarm system that will sound
an audible alarm when an increase in relative or absolute particulate
loadings is detected over the set-point;
(D) You must install, operate, and maintain the PMDS in a manner
consistent with the provisions of paragraph (c)(9) of this section and
available written guidance from the U.S. Environmental Protection Agency
or, in the absence of such written guidance, the manufacturer's written
specifications and recommendations for installation, operation,
maintenance and quality assurance of the system.
(1) Set-points established without extrapolation. If you establish
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A)
of this section, you must request approval from the regulatory
authority, in the continuous monitoring system test plan, of the quality
assurance procedures that will reasonably ensure that PMDS response
values below the alarm set-point correspond to PM emission
concentrations below those demonstrated during the comprehensive
performance test. Your recommended quality assurance procedures may
include periodic testing under as-found conditions (i.e., normal
operations) to obtain additional PM concentration and PMDS response run
pairs, as warranted.
(2) Set-points established with extrapolation. If you establish the
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this
section, you must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the quality assurance
procedures that will reasonably ensure that PMDS response values below
the alarm set-point correspond to PM emission concentrations below the
value that correlates to the alarm set-point.
(E) You must include procedures for installation, operation,
maintenance, and quality assurance of the PMDS in the site-specific
continuous monitoring system test plan required under Sec. Sec.
63.1207(e) and 63.8(e)(3);
(F) Where multiple detectors are required to monitor multiple
control devices, the system's instrumentation and alarm system may be
shared among the detectors.
(G) You must establish the alarm set-point as a 6-hour rolling
average as provided by paragraphs (c)(9)(ii), (c)(9)(iii), and
(c)(9)(iv) of this section;
(H) Your PMDS must complete a minimum of one cycle of operation
(sampling, analyzing, and data recording) for each successive 15-minute
period. You must update the 6-hour rolling average of the detector
response each hour with a one-hour block average that is the average of
the detector responses over each 15-minute block; and
(I) If you exceed the alarm set-point (or if your PMDS
malfunctions), you must comply with the corrective measures under
paragraph (c)(9)(vii) of this section.
(ii) Establishing the alarm set-point for operations under the
Documentation of Compliance. You must establish the alarm set-point for
operations under the Documentation of Compliance (i.e., after the
compliance date but prior to submitting a Notification of Compliance
subsequent to conducting the initial comprehensive performance test) of
an existing source as follows:
(A) You must obtain a minimum of three pairs of Method 5 or 5I data,
provided in appendix A-3 to part 60 of this chapter, and PMDS data to
establish an approximate correlation curve. Data obtained up to 60
months prior to the compliance date may be used provided that the design
and operation of the combustor or PMDS has not changed in a manner that
may adversely affect the correlation of PM concentrations and PMDS
response.
[[Page 38]]
(B) You must request approval from the regulatory authority, in the
continuous monitoring system test plan, of your determination whether
multiple correlation curves are needed considering the design and
operation of your combustor and PMDS.
(C) You must approximate the correlation of the reference method
data to the PMDS data.
(1) You may assume a linear correlation of the PMDS response to
particulate matter emission concentrations;
(2) You may include a zero point correlation value. To establish a
zero point, you must follow one or more of the following steps:
(i) Zero point data for in-situ instruments should be obtained, to
the extent possible, by removing the instrument from the stack and
monitoring ambient air on a test bench;
(ii) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air;
(iii) Zero point data also can be obtained by performing manual
reference method measurements when the flue gas is free of PM emissions
or contains very low PM concentrations (e.g., when your process is not
operating, but the fans are operating or your source is combusting only
natural gas); and
(iv) If none of the steps in paragraphs (c)(9)(ii)(B)(2)(i) through
(iii) of this section are possible, you must estimate the monitor
response when no PM is in the flue gas (e.g., 4 mA = 0 mg/acm).
(3) For reference method data that were obtained from runs during a
test condition where controllable operating factors were held constant,
you must average the test run averages of PM concentrations and PMDS
responses to obtain a single pair of data for PM concentration and PMDS
response. You may use this pair of data and the zero point to define a
linear correlation model for the PMDS.
(D) You must establish the alarm set-point as the PMDS response that
corresponds to a PM concentration that is 50% of the PM emission
standard or 125% of the highest PM concentration used to develop the
correlation, whichever is greater. For reference method data that were
obtained from runs during a test condition where controllable operating
factors were held constant, you must use the average of the test run
averages of PM concentrations for extrapolating the alarm set-point. The
PM emission concentration used to extrapolate the alarm set-point must
not exceed the PM emission standard, however.
(iii) Establishing the initial alarm set-point for operations under
the Notification of Compliance. You must establish the initial alarm
set-point for operations under the Notification of Compliance as
provided by either paragraph (c)(9)(iii)(A) or paragraph (c)(9)(iii)(B)
of this section. You must periodically revise the alarm set-point as
provided by paragraph (c)(9)(iv) of this section.
(A) Establishing the initial set-point without extrapolation. (1) If
you establish the initial alarm set-point without extrapolation, the
alarm set-point is the average of the test run averages of the PMDS
response during the runs of the comprehensive performance test that
document compliance with the PM emission standard.
(2) During the comprehensive performance test, you may simulate PM
emission concentrations at the upper end of the range of normal
operations by means including feeding high levels of ash and detuning
the emission control equipment.
(B) Establishing the initial set-point by extrapolation. You may
extrapolate the particulate matter detector response to establish the
alarm set-point under the following procedures:
(1) You must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the procedures you will use
to establish an approximate correlation curve using the three pairs of
Method 5 or 5I data (see methods in appendix A-3 of part 60 of this
chapter) and PMDS data from the comprehensive performance test, the data
pairs used to establish the correlation curve for the Documentation of
Compliance under paragraph (c)(9)(ii) of this section, and additional
data pairs, as warranted.
(2) You must request approval from the regulatory authority, in the
continuous monitoring system test plan,
[[Page 39]]
of your determination of whether multiple correlation curves are needed
considering the design and operation of your combustor and PMDS. If so,
you must recommend the number of data pairs needed to establish those
correlation curves and how the data will be obtained.
(3) During the comprehensive performance test, you may simulate PM
emission concentrations at the upper end of the range of normal
operations by means including feeding high levels of ash and detuning
the emission control equipment.
(4) Data obtained up to 60 months prior to the comprehensive
performance test may be used provided that the design and operation of
the combustor or PMDS has not changed in a manner that may adversely
affect the correlation of PM concentrations and PMDS response.
(5) You may include a zero point correlation value. To establish a
zero point, you must follow the procedures under paragraph
(c)(9)(ii)(C)(2) of this section.
(6) You must use a least-squares regression model to correlate PM
concentrations to PMDS responses for data pairs. You may assume a linear
regression model approximates the relationship between PM concentrations
and PMDS responses.
(7) You must establish the alarm set-point as the PMDS response that
corresponds to a PM concentration that is 50% of the PM emission
standard or 125% of the highest PM concentration used to develop the
correlation, whichever is greater. The emission concentration used to
extrapolate the PMDS response must not exceed the PM emission standard.
(iv) Revising the Notification of Compliance alarm set-point--(A)
Revising set-points established without extrapolation. If you establish
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A)
of this section, you must establish a new alarm set-point in the
Notification of Compliance following each comprehensive performance test
as the average of the test run averages of the PMDS response during the
runs of the comprehensive performance test that document compliance with
the PM emission standard.
(B) Revising set-points established with extrapolation. If you
establish the alarm set-point by extrapolation under paragraph
(c)(9)(iii)(B) of this section, you must request approval from the
regulatory authority, in the continuous monitoring system test plan, of
the procedures for periodically revising the alarm set-point,
considering the additional data pairs obtained during periodic
comprehensive performance tests and data pairs obtained from other
tests, such as for quality assurance.
(v) Quality assurance--(A) Set-points established without
extrapolation. If you establish the alarm set-point without
extrapolation under paragraph (c)(9)(iii)(A) of this section, you must
request approval from the regulatory authority, in the continuous
monitoring system test plan, of the quality assurance procedures that
reasonably ensure that PMDS response values below the alarm set-point
correspond to PM emission concentrations below the average of the PM
concentrations demonstrated during the comprehensive performance test.
Your recommended quality assurance procedures may include periodic
testing under as-found conditions (i.e., normal operations) to obtain
additional PM concentration and PMDS response run pairs, as warranted.
(B) Set-points established with extrapolation. If you establish the
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this
section, you must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the quality assurance
procedures that reasonably ensure that PMDS response values below the
alarm set-point correspond to PM emission concentrations below the value
that correlated to the alarm set-point.
(vi) PMDS are used for compliance assurance only. For a PMDS for
which the alarm set-point is established by extrapolation using a
correlation curve under paragraphs (c)(9)(ii), (c)(9)(iii)(B), and
(c)(9)(iv)(B) of this section, an exceedance of the PMDS response that
appears to correlate with a PM concentration that exceeds the PM
emission standard is not by itself evidence that the standard has been
exceeded.
[[Page 40]]
(vii) PMDS corrective measures requirements. The operating and
maintenance plan required by paragraph (c)(7) of this section must
include a corrective measures plan that specifies the procedures you
will follow in the case of a PMDS alarm or malfunction. The corrective
measures plan must include, at a minimum, the procedures used to
determine and record the time and cause of the alarm or PMDS malfunction
as well as the corrective measures taken to correct the control device
or PMDS malfunction or minimize emissions as specified below. Failure to
initiate the corrective measures required by this paragraph is failure
to ensure compliance with the emission standards in this subpart.
(A) You must initiate the procedures used to determine the cause of
the alarm or PMDS malfunction within 30 minutes of the time the alarm
first sounds or the PMDS malfunctions; and
(B) You must alleviate the cause of the alarm or the PMDS
malfunction by taking the necessary corrective measure(s) which may
include shutting down the combustor.
(viii) Excessive exceedances notification. If you operate the
combustor when the detector response exceeds the alarm set-point or when
the PMDS is malfunctioning more than 5 percent of the time during any 6-
month block time period, you must submit a notification to the
Administrator within 30 days of the end of the 6-month block time period
that describes the causes of the exceedances and the revisions to the
design, operation, or maintenance of the combustor, emission control
device, or PMDS you are taking to minimize exceedances. To document
compliance with this requirement:
(A) You must keep records of the date, time, and duration of each
alarm and PMDS malfunction, the time corrective action was initiated and
completed, and a brief description of the cause of the alarm or PMDS
malfunction and the corrective action taken;
(B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the PMDS malfunctions;
(C) If inspection of the emission control device demonstrates that
no corrective action is required, then no alarm time is counted; and
(D) If corrective action to the emission control device is required,
each alarm shall be counted as a minimum of 1 hour. Each PMDS
malfunction shall also be counted as a minimum of 1 hour.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42298, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35103, July
3, 2001; 66 FR 63317, Dec. 7, 2001; 67 FR 6813, Feb. 13, 2002; 67 FR
6989, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12,
2005; 70 FR 75047, Dec. 19, 2005; 71 FR 20459, Apr. 20, 2006; 71 FR
62393, Oct. 25, 2006; 73 FR 18979, Apr. 8, 2008; 73 FR 64094, Oct. 28,
2008]
Sec. 63.1207 What are the performance testing requirements?
(a) General. The provisions of Sec. 63.7 apply, except as noted
below.
(b) Types of performance tests--(1) Comprehensive performance test.
You must conduct comprehensive performance tests to demonstrate
compliance with the emission standards provided by this subpart,
establish limits for the operating parameters provided by Sec. 63.1209,
and demonstrate compliance with the performance specifications for
continuous monitoring systems.
(2) Confirmatory performance test. You must conduct confirmatory
performance tests to:
(i) Demonstrate compliance with the dioxin/furan emission standard
when the source operates under normal operating conditions; and
(ii) Conduct a performance evaluation of continuous monitoring
systems required for compliance assurance with the dioxin/furan emission
standard under Sec. 63.1209(k).
(3) One-Time Dioxin/Furan Test for Sources Not Subject to a
Numerical Dioxin/Furan Standard. For solid fuel boilers and hydrochloric
acid production furnaces, for lightweight aggregate kilns that are not
subject to a numerical dioxin/furan emission standard under Sec.
63.1221, and liquid fuel boilers that are not subject to a numerical
dioxin/furan emission standard under Sec. 63.1217, you must conduct a
one-time emission test for dioxin/furan under feed and operating
conditions that are most likely to reflect daily maximum operating
variability, similar to a
[[Page 41]]
dioxin/furan comprehensive performance test.
(i) You must conduct the dioxin/furan emissions test no later than
the deadline for conducting the initial comprehensive performance test.
(ii) You may use dioxin/furan emissions data from previous testing
to meet this requirement, provided that:
(A) The testing was conducted under feed and operating conditions
that are most likely to reflect daily maximum operating variability,
similar to a dioxin/furan compliance test;
(B) You have not changed the design or operation of the source in a
manner that could significantly affect stack gas dioxin/furan emission
concentrations; and
(C) The data meet quality assurance objectives that may be
determined on a site-specific basis.
(iii) You may use dioxin/furan emissions data from a source to
represent emissions from another on-site source in lieu of testing
(i.e., data in lieu of testing) if the design and operation, including
hazardous waste feed and other feedstreams, of the sources are
identical.
(iv) You must include the results of the one-time dioxin/furan
emissions test with the results of the initial comprehensive performance
test in the Notification of Compliance.
(v) You must repeat the dioxin/furan emissions test if you change
the design or operation of the source in a manner that may increase
dioxin/furan emissions.
(vi) Sources that are required to perform the one-time dioxin/furan
test pursuant to paragraph (b)(3) of this section are not required to
perform confirmatory performance tests.
(c) Initial comprehensive performance test--(1) Test date. Except as
provided by paragraphs (c)(2) and (c)(3) of this section, you must
commence the initial comprehensive performance test not later than six
months after the compliance date.
(2) Data in lieu of the initial comprehensive performance test. (i)
You may request that previous emissions test data serve as documentation
of conformance with the emission standards of this subpart provided that
the previous testing:
(A) Was initiated after 54 months prior to the compliance date,
except as provided by paragraphs (c)(2)(iii) or (c)(2)(iv) of this
section;
(B) Results in data that meet quality assurance objectives
(determined on a site-specific basis) such that the results demonstrate
compliance with the applicable standards;
(C) Was in conformance with the requirements of paragraph (g)(1) of
this section; and
(D) Was sufficient to establish the applicable operating parameter
limits under Sec. 63.1209.
(ii) You must submit data in lieu of the initial comprehensive
performance test in lieu of (i.e., if the data are in lieu of all
performance testing) or with the notification of performance test
required under paragraph (e) of this section.
(iii) The data in lieu test age restriction provided in paragraph
(c)(2)(i)(A) of this section does not apply for the duration of the
interim standards (i.e., the standards published in the Federal Register
on February 13, 2002, 67 FR 6792). See 40 CFR parts 63, 264, 265, 266,
270, and 271 revised as of July 1, 2002. Paragraph (c)(2)(i)(A) of this
section does not apply until EPA promulgates permanent replacement
standards pursuant to the Settlement Agreement noticed in the Federal
Register on November 16, 2001 (66 FR 57715).
(iv) The data in lieu test age restriction provided in paragraph
(c)(2)(i)(A) of this section does not apply to DRE data provided you do
not feed hazardous waste at a location in the combustion system other
than the normal flame zone.
(3) For incinerators, cement kilns, and lightweight aggregate kilns,
you must commence the initial comprehensive performance test to
demonstrate compliance with the standards under Sec. Sec. 63.1219,
63.1220, and 63.1221 not later than 12 months after the compliance date.
(d) Frequency of testing. Except as otherwise specified in paragraph
(d)(4) of this section, you must conduct testing periodically as
prescribed in paragraphs (d)(1) through (d)(3) of this section. The date
of commencement of the initial comprehensive performance test
[[Page 42]]
is the basis for establishing the deadline to commence the initial
confirmatory performance test and the next comprehensive performance
test. You may conduct performance testing at any time prior to the
required date. The deadline for commencing subsequent confirmatory and
comprehensive performance testing is based on the date of commencement
of the previous comprehensive performance test. Unless the Administrator
grants a time extension under paragraph (i) of this section, you must
conduct testing as follows:
(1) Comprehensive performance testing. Except as otherwise specified
in paragraph (d)(4) of this section, you must commence testing no later
than 61 months after the date of commencing the previous comprehensive
performance test used to show compliance with Sec. 63.1216, Sec.
63.1217, Sec. 63.1218, Sec. 63.1219, Sec. 63.1220, or Sec. 63.1221.
If you submit data in lieu of the initial performance test, you must
commence the subsequent comprehensive performance test within 61 months
of commencing the test used to provide the data in lieu of the initial
performance test.
(2) Confirmatory performance testing. Except as otherwise specified
in paragraph (d)(4) of this section, you must commence confirmatory
performance testing no later than 31 months after the date of commencing
the previous comprehensive performance test used to show compliance with
Sec. 63.1217, Sec. 63.1219, Sec. 63.1220, or Sec. 63.1221. If you
submit data in lieu of the initial performance test, you must commence
the initial confirmatory performance test within 31 months of the date
six months after the compliance date. To ensure that the confirmatory
test is conducted approximately midway between comprehensive performance
tests, the Administrator will not approve a test plan that schedules
testing within 18 months of commencing the previous comprehensive
performance test.
(3) Duration of testing. You must complete performance testing
within 60 days after the date of commencement, unless the Administrator
determines that a time extension is warranted based on your
documentation in writing of factors beyond your control that prevent you
from meeting the 60-day deadline.
(4) Applicable testing requirements under the interim standards--(i)
Waiver of periodic comprehensive performance tests. Except as provided
by paragraph (c)(2) of this section, you must conduct only an initial
comprehensive performance test under the interim standards (Sec. Sec.
63.1203 through 63.1205); all subsequent comprehensive performance
testing requirements are waived under the interim standards. The
provisions in the introductory text to paragraph (d) and in paragraph
(d)(1) of this section apply only to tests used to demonstrate
compliance with the standards under Sec. Sec. 63.1219 through 63.1221.
(ii) Waiver of confirmatory performance tests. You are not required
to conduct a confirmatory test under the interim standards (Sec. Sec.
63.1203 through 63.1205). The confirmatory testing requirements in the
introductory text to paragraph (d) and in paragraph (d)(2) of this
section apply only after you have demonstrated compliance with the
standards under Sec. Sec. 63.1219 through 63.1221.
(e) Notification of performance test and CMS performance evaluation,
and approval of test plan and CMS performance evaluation plan. (1) The
provisions of Sec. 63.7(b) and (c) and Sec. 63.8(e) apply, except:
(i) Comprehensive performance test. You must submit to the
Administrator a notification of your intention to conduct a
comprehensive performance test and CMS performance evaluation and a
site-specific test plan and CMS performance evaluation test plan at
least one year before the performance test and performance evaluation
are scheduled to begin.
(A) The Administrator will notify you of approval or intent to deny
approval of the site-specific test plan and CMS performance evaluation
test plan within 9 months after receipt of the original plan.
(B) You must submit to the Administrator a notification of your
intention to conduct the comprehensive performance test at least 60
calendar days before the test is scheduled to begin.
(ii) Confirmatory performance test. You must submit to the
Administrator a notification of your intention to conduct a confirmatory
performance test
[[Page 43]]
and CMS performance evaluation and a site-specific test plan and CMS
performance evaluation test plan at least 60 calendar days before the
performance test is scheduled to begin. The Administrator will notify
you of approval or intent to deny approval of the site-specific test
plan and CMS performance evaluation test plan within 30 calendar days
after receipt of the original test plans.
(2) You must make your site-specific test plan and CMS performance
evaluation test plan available to the public for review no later than 60
calendar days before initiation of the test. You must issue a public
notice to all persons on your facility/public mailing list (developed
pursuant to 40 CFR 70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix))
announcing the availability of the test plans and the location where the
test plans are available for review. The test plans must be accessible
to the public for 60 calendar days, beginning on the date that you issue
your public notice. The location must be unrestricted and provide access
to the public during reasonable hours and provide a means for the public
to obtain copies. The notification must include the following
information at a minimum:
(i) The name and telephone number of the source's contact person;
(ii) The name and telephone number of the regulatory agency's
contact person;
(iii) The location where the test plans and any necessary supporting
documentation can be reviewed and copied;
(iv) The time period for which the test plans will be available for
public review; and
(v) An expected time period for commencement and completion of the
performance test and CMS performance evaluation test.
(3) Petitions for time extension if Administrator fails to approve
or deny test plans. You may petition the Administrator under Sec.
63.7(h) to obtain a ``waiver'' of any performance test--initial or
periodic performance test; comprehensive or confirmatory test. The
``waiver'' would be implemented as an extension of time to conduct the
performance test at a later date.
(i) Qualifications for the waiver. (A) You may not petition the
Administrator for a waiver under this section if the Administrator has
issued a notification of intent to deny your test plan(s) under Sec.
63.7(c)(3)(i)(B);
(B) You must submit a site-specific emissions testing plan and a
continuous monitoring system performance evaluation test plan at least
one year before a comprehensive performance test is scheduled to begin
as required by paragraph (c)(1) of this section, or at least 60 days
before a confirmatory performance test is scheduled to begin as required
by paragraph (d) of this section. The test plans must include all
required documentation, including the substantive content requirements
of paragraph (f) of this section and Sec. 63.8(e); and
(C) You must make a good faith effort to accommodate the
Administrator's comments on the test plans.
(ii) Procedures for obtaining a waiver and duration of the waiver.
(A) You must submit to the Administrator a waiver petition or request to
renew the petition under Sec. 63.7(h) separately for each source at
least 60 days prior to the scheduled date of the performance test;
(B) The Administrator will approve or deny the petition within 30
days of receipt and notify you promptly of the decision;
(C) The Administrator will not approve an individual waiver petition
for a duration exceeding 6 months;
(D) The Administrator will include a sunset provision in the waiver
ending the waiver within 6 months;
(E) You may submit a revised petition to renew the waiver under
Sec. 63.7(h)(3)(iii) at least 60 days prior to the end date of the most
recently approved waiver petition;
(F) The Administrator may approve a revised petition for a total
waiver period up to 12 months.
(iii) Content of the waiver. (A) You must provide documentation to
enable the Administrator to determine that the source is meeting the
relevant standard(s) on a continuous basis as required by Sec.
63.7(h)(2). For extension requests for the initial comprehensive
performance test, you must submit your Documentation of Compliance to
[[Page 44]]
assist the Administrator in making this determination.
(B) You must include in the petition information justifying your
request for a waiver, such as the technical or economic infeasibility,
or the impracticality, of the affected source performing the required
test, as required by Sec. 63.7(h)(3)(iii).
(iv) Public notice. At the same time that you submit your petition
to the Administrator, you must notify the public (e.g., distribute a
notice to the facility/public mailing list developed pursuant to 40 CFR
70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) of your petition to
waive a performance test. The notification must include all of the
following information at a minimum:
(A) The name and telephone number of the source's contact person;
(B) The name and telephone number of the regulatory agency's contact
person;
(C) The date the source submitted its site-specific performance test
plan and CMS performance evaluation test plans; and
(D) The length of time requested for the waiver.
(f) Content of performance test plan. The provisions of Sec. Sec.
63.7(c)(2)(i)-(iii) and (v) regarding the content of the test plan
apply. In addition, you must include the following information in the
test plan:
(1) Content of comprehensive performance test plan. (i) An analysis
of each feedstream, including hazardous waste, other fuels, and
industrial furnace feedstocks, as fired, that includes:
(A) Heating value, levels of ash (for hazardous waste incinerators
only), levels of semivolatile metals, low volatile metals, mercury, and
total chlorine (organic and inorganic); and
(B) Viscosity or description of the physical form of the feedstream;
(ii) For organic hazardous air pollutants established by 42 U.S.C.
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by
Sec. 63.60:
(A) Except as provided by paragraph (f)(1)(ii)(D) of this section,
an identification of such organic hazardous air pollutants that are
present in each hazardous waste feedstream. You need not analyze for
organic hazardous air pollutants that would reasonably not be expected
to be found in the feedstream. You must identify any constituents you
exclude from analysis and explain the basis for excluding them. You must
conduct the feedstream analysis according to Sec. 63.1208(b)(8);
(B) An approximate quantification of such identified organic
hazardous air pollutants in the hazardous waste feedstreams, within the
precision produced by analytical procedures of Sec. 63.1208(b)(8); and
(C) A description of blending procedures, if applicable, prior to
firing the hazardous waste feedstream, including a detailed analysis of
the materials prior to blending, and blending ratios.
(D) The Administrator may approve on a case-by-case basis a
hazardous waste feedstream analysis for organic hazardous air pollutants
in lieu of the analysis required under paragraph (f)(1)(ii)(A) of this
section if the reduced analysis is sufficient to ensure that the POHCs
used to demonstrate compliance with the applicable DRE standards of this
subpart continue to be representative of the most difficult to destroy
organic compounds in your hazardous waste feedstreams;
(iii) A detailed engineering description of the hazardous waste
combustor, including:
(A) Manufacturer's name and model number of the hazardous waste
combustor;
(B) Type of hazardous waste combustor;
(C) Maximum design capacity in appropriate units;
(D) Description of the feed system for each feedstream;
(E) Capacity of each feed system;
(F) Description of automatic hazardous waste feed cutoff system(s);
(G) Description of the design, operation, and maintenance practices
for any air pollution control system; and
(H) Description of the design, operation, and maintenance practices
of any stack gas monitoring and pollution control monitoring systems;
(iv) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the equipment
to
[[Page 45]]
be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis;
(v) A detailed test schedule for each hazardous waste for which the
performance test is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other relevant factors;
(vi) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed system,
and, as appropriate, the feedrates of other fuels and feedstocks, and
any other relevant parameters that may affect the ability of the
hazardous waste combustor to meet the emission standards;
(vii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
(viii) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction;
(ix) A determination of the hazardous waste residence time as
required by Sec. 63.1206(b)(11);
(x) If you are requesting to extrapolate metal feedrate limits from
comprehensive performance test levels under Sec. Sec. 63.1209(l)(1)(v)
or 63.1209(n)(2)(vii):
(A) A description of the extrapolation methodology and rationale for
how the approach ensures compliance with the emission standards;
(B) Documentation of the historical range of normal (i.e., other
than during compliance testing) metals feedrates for each feedstream;
(C) Documentation that the level of spiking recommended during the
performance test will mask sampling and analysis imprecision and
inaccuracy to the extent that the extrapolated feedrate limits
adequately assure compliance with the emission standards;
(xi) If you do not continuously monitor regulated constituents in
natural gas, process air feedstreams, and feedstreams from vapor
recovery systems under Sec. 63.1209(c)(5), you must include
documentation of the expected levels of regulated constituents in those
feedstreams;
(xii) Documentation justifying the duration of system conditioning
required to ensure the combustor has achieved steady-state operations
under performance test operating conditions, as provided by paragraph
(g)(1)(iii) of this section;
(xiii) For cement kilns with in-line raw mills, if you elect to use
the emissions averaging provision of this subpart, you must notify the
Administrator of your intent in the initial (and subsequent)
comprehensive performance test plan, and provide the information
required by the emission averaging provision;
(xiv) For preheater or preheater/precalciner cement kilns with dual
stacks, if you elect to use the emissions averaging provision of this
subpart, you must notify the Administrator of your intent in the initial
(and subsequent) comprehensive performance test plan, and provide the
information required by the emission averaging provision;
(xv) If you request to use Method 23 for dioxin/furan you must
provide the information required under Sec. 63.1208(b)(1)(i)(B);
(xvi) If you are not required to conduct performance testing to
document compliance with the mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas emission standards under
paragraph (m) of this section, you must include with the comprehensive
performance test plan documentation of compliance with the provisions of
that section.
(xvii) If you propose to use a surrogate for measuring or monitoring
gas flowrate, you must document in the comprehensive performance test
plan that the surrogate adequately correlates with gas flowrate, as
required by paragraph (m)(7) of this section, and Sec. 63.1209(j)(2),
(k)(3), (m)(2)(i), (n)(5)(i), and (o)(2)(i).
(xviii) You must submit an application to request alternative
monitoring under Sec. 63.1209(g)(1) not later than with the
comprehensive performance test plan, as required by Sec.
63.1209(g)(1)(iii)(A).
(xix) You must document the temperature location measurement in the
comprehensive performance test plan, as required by Sec. Sec.
63.1209(j)(1)(i) and 63.1209(k)(2)(i).
(xx) If your source is equipped with activated carbon injection, you
must
[[Page 46]]
document in the comprehensive performance test plan:
(A) The manufacturer specifications for minimum carrier fluid
flowrate or pressure drop, as required by Sec. 63.1209(k)(6)(ii); and
(B) Key parameters that affect carbon adsorption, and the operating
limits you establish for those parameters based on the carbon used
during the performance test, if you elect not to specify and use the
brand and type of carbon used during the comprehensive performance test,
as required by Sec. 63.1209(k)(6)(iii).
(xxi) If your source is equipped with a carbon bed system, and you
elect not to specify and use the brand and type of carbon used during
the comprehensive performance test, you must include in the
comprehensive performance test plan key parameters that affect carbon
adsorption, and the operating limits you establish for those parameters
based on the carbon used during the performance test, as required by
Sec. 63.1209(k)(7)(ii).
(xxii) If you feed a dioxin/furan inhibitor into the combustion
system, you must document in the comprehensive performance test plan key
parameters that affect the effectiveness of the inhibitor, and the
operating limits you establish for those parameters based on the
inhibitor fed during the performance test, if you elect not to specify
and use the brand and type of inhibitor used during the comprehensive
performance test, as required by Sec. 63.1209(k)(9)(ii).
(xxiii) If your source is equipped with a wet scrubber and you elect
to monitor solids content of the scrubber liquid manually but believe
that hourly monitoring of solids content is not warranted, you must
support an alternative monitoring frequency in the comprehensive
performance test plan, as required by Sec. 63.1209(m)(1)(i)(B)(1)(i).
(xxiv) If your source is equipped with a particulate matter control
device other than a wet scrubber, baghouse, or electrostatic
precipitator, you must include in the comprehensive performance test
plan:
(A) Documentation to support the operating parameter limits you
establish for the control device, as required by Sec.
63.1209(m)(1)(iv)(A)(4); and
(B) Support for the use of manufacturer specifications if you
recommend such specifications in lieu of basing operating limits on
performance test operating levels, as required by Sec.
63.1209(m)(1)(iv)(D).
(xxv) If your source is equipped with a dry scrubber to control
hydrogen chloride and chlorine gas, you must document in the
comprehensive performance test plan key parameters that affect
adsorption, and the limits you establish for those parameters based on
the sorbent used during the performance test, if you elect not to
specify and use the brand and type of sorbent used during the
comprehensive performance test, as required by Sec.
63.1209(o)(4)(iii)(A); and
(xxvi) For purposes of calculating semivolatile metal, low volatile
metal, mercury, and total chlorine (organic and inorganic), and ash
feedrate limits, a description of how you will handle performance test
feedstream analytical results that determines these constituents are not
present at detectable levels.
(xxvii) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the performance test plan.
(2) Content of confirmatory test plan. (i) A description of your
normal hydrocarbon or carbon monoxide operating levels, as specified in
paragraph (g)(2)(i) of this section, and an explanation of how these
normal levels were determined;
(ii) A description of your normal applicable operating parameter
levels, as specified in paragraph (g)(2)(ii) of this section, and an
explanation of how these normal levels were determined;
(iii) A description of your normal chlorine operating levels, as
specified in paragraph (g)(2)(iii) of this section, and an explanation
of how these normal levels were determined;
(iv) If you use carbon injection or a carbon bed, a description of
your normal cleaning cycle of the particulate matter control device, as
specified in paragraph (g)(2)(iv) of this section, and an explanation of
how these normal levels were determined;
(v) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in
[[Page 47]]
the system, the equipment to be used, sampling and monitoring frequency,
and planned analytical procedures for sample analysis;
(vi) A detailed test schedule for each hazardous waste for which the
performance test is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other relevant factors;
(vii) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed system,
and, as appropriate, the feedrates of other fuels and feedstocks, and
any other relevant parameters that may affect the ability of the
hazardous waste combustor to meet the dioxin/furan emission standard;
(viii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
(ix) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction; and
(x) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the confirmatory test plan.
(g) Operating conditions during testing. You must comply with the
provisions of Sec. 63.7(e). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirement of Sec. 63.7(e)(1) to
conduct performance testing under representative operating conditions.
(1) Comprehensive performance testing--(i) Operations during
testing. For the following parameters, you must operate the combustor
during the performance test under normal conditions (or conditions that
will result in higher than normal emissions):
(A) Chlorine feedrate. You must feed normal (or higher) levels of
chlorine during the dioxin/furan performance test;
(B) Ash feedrate. For hazardous waste incinerators, you must conduct
the following tests when feeding normal (or higher) levels of ash: The
semivolatile metal and low volatile metal performance tests; and the
dioxin/furan and mercury performance tests if activated carbon injection
or a carbon bed is used; and
(C) Cleaning cycle of the particulate matter control device. You
must conduct the following tests when the particulate matter control
device undergoes its normal (or more frequent) cleaning cycle: The
particulate matter, semivolatile metal, and low volatile metal
performance tests; and the dioxin/furan and mercury performance tests if
activated carbon injection or a carbon bed is used.
(ii) Modes of operation. Given that you must establish limits for
the applicable operating parameters specified in Sec. 63.1209 based on
operations during the comprehensive performance test, you may conduct
testing under two or more operating modes to provide operating
flexibility.
(iii) Steady-state conditions. (A) Prior to obtaining performance
test data, you must operate under performance test conditions until you
reach steady-state operations with respect to emissions of pollutants
you must measure during the performance test and operating parameters
under Sec. 63.1209 for which you must establish limits. During system
conditioning, you must ensure that each operating parameter for which
you must establish a limit is held at the level planned for the
performance test. You must include documentation in the performance test
plan under paragraph (f) of this section justifying the duration of
system conditioning.
(B) If you own or operate a hazardous waste cement kiln that
recycles collected particulate matter (i.e., cement kiln dust) into the
kiln, you must sample and analyze the recycled particulate matter prior
to obtaining performance test data for levels of selected metals that
must be measured during performance testing to document that the system
has reached steady-state conditions (i.e., that metals levels have
stabilized). You must document the rationale for selecting metals that
are indicative of system equilibrium and include the information in the
performance test plan under paragraph (f) of this section. To determine
system equilibrium, you must sample and analyze the recycled particulate
matter hourly
[[Page 48]]
for each selected metal, unless you submit in the performance test plan
a justification for reduced sampling and analysis and the Administrator
approves in writing a reduced sampling and analysis frequency.
(2) Confirmatory performance testing. You must conduct confirmatory
performance testing for dioxin/furan under normal operating conditions
for the following parameters:
(i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be
within the range of the average value to the maximum value allowed,
except as provided by paragraph (g)(2)(v) of this section. The average
value is defined as the sum of the hourly rolling average values
recorded (each minute) over the previous 12 months, divided by the
number of rolling averages recorded during that time. The average value
must not include calibration data, startup data, shutdown data,
malfunction data, and data obtained when not burning hazardous waste;
(ii) Each operating limit (specified in Sec. 63.1209) established
to maintain compliance with the dioxin/furan emission standard must be
held within the range of the average value over the previous 12 months
and the maximum or minimum, as appropriate, that is allowed, except as
provided by paragraph (g)(2)(v) of this section. The average value is
defined as the sum of the rolling average values recorded over the
previous 12 months, divided by the number of rolling averages recorded
during that time. The average value must not include calibration data,
startup data, shutdown data, malfunction data, and data obtained when
not burning hazardous waste;
(iii) You must feed chlorine at normal feedrates or greater; and
(iv) If the combustor is equipped with carbon injection or carbon
bed, normal cleaning cycle of the particulate matter control device.
(v) The Administrator may approve an alternative range to that
required by paragraphs (g)(2)(i) and (ii) of this section if you
document in the confirmatory performance test plan that it may be
problematic to maintain the required range during the test. In addition,
when making the finding of compliance, the Administrator may consider
test conditions outside of the range specified in the test plan based on
a finding that you could not reasonably maintain the range specified in
the test plan and considering factors including whether the time
duration and level of the parameter when operations were out of the
specified range were such that operations during the confirmatory test
are determined to be reasonably representative of normal operations. In
addition, the Administrator will consider the proximity of the emission
test results to the standard.
(h) Operating conditions during subsequent testing. (1) Current
operating parameter limits established under Sec. 63.1209 are waived
during subsequent comprehensive performance testing.
(2) Current operating parameter limits are also waived during
pretesting prior to comprehensive performance testing for an aggregate
time not to exceed 720 hours of operation (renewable at the discretion
of the Administrator) under an approved test plan or if the source
records the results of the pretesting. Pretesting means:
(i) Operations when stack emissions testing for dioxin/furan,
mercury, semivolatile metals, low volatile metals, particulate matter,
or hydrogen chloride/chlorine gas is being performed; and
(ii) Operations to reach steady-state operating conditions prior to
stack emissions testing under paragraph (g)(1)(iii) of this section.
(i) Time extension for subsequent performance tests. After the
initial comprehensive performance test, you may request up to a one-year
time extension for conducting a comprehensive or confirmatory
performance test to consolidate performance testing with other state or
federally required emission testing, or for other reasons deemed
acceptable by the Administrator. If the Administrator grants a time
extension for a comprehensive performance test, the deadlines for
commencing the next comprehensive and confirmatory tests are based on
the date that the subject comprehensive performance test commences.
(1) You must submit in writing to the Administrator any request
under this
[[Page 49]]
paragraph for a time extension for conducting a performance test.
(2) You must include in the request for an extension for conducting
a performance test the following:
(i) A description of the reasons for requesting the time extension;
(ii) The date by which you will commence performance testing.
(3) The Administrator will notify you in writing of approval or
intention to deny approval of your request for an extension for
conducting a performance test within 30 calendar days after receipt of
sufficient information to evaluate your request. The 30-day approval or
denial period will begin after you have been notified in writing that
your application is complete. The Administrator will notify you in
writing 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 you submit.
(4) When notifying you that your application is not complete, the
Administrator will specify the information needed to complete the
application. The Administrator will also provide notice of opportunity
for you to present, in writing, within 30 calendar days after
notification of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(5) Before denying any request for an extension for performance
testing, the Administrator will notify you in writing of the
Administrator's intention to issue the denial, together with:
(i) Notice of the information and findings on which the intended
denial is based; and
(ii) Notice of opportunity for you to present in writing, within 15
calendar days after notification of the intended denial, additional
information or arguments to the Administrator before further action on
the request.
(6) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth specific grounds upon
which the denial is based. The final determination will be made within
30 calendar days after the presentation of additional information or
argument (if the application is complete), or within 30 calendar days
after the final date specified for the presentation if no presentation
is made.
(j) Notification of compliance--(1) Comprehensive performance test.
(i) Except as provided by paragraphs (j)(4) and (j)(5) of this section,
within 90 days of completion of a comprehensive performance test, you
must postmark a Notification of Compliance documenting compliance with
the emission standards and continuous monitoring system requirements,
and identifying operating parameter limits under Sec. 63.1209.
(ii) Upon postmark of the Notification of Compliance, you must
comply with all operating requirements specified in the Notification of
Compliance in lieu of the limits specified in the Documentation of
Compliance required under Sec. 63.1211(c).
(2) Confirmatory performance test. Except as provided by paragraph
(j)(4) of this section, within 90 days of completion of a confirmatory
performance test, you must postmark a Notification of Compliance
documenting compliance or noncompliance with the applicable dioxin/furan
emission standard.
(3) See Sec. Sec. 63.7(g), 63.9(h), and 63.1210(d) for additional
requirements pertaining to the Notification of Compliance (e.g., you
must include results of performance tests in the Notification of
Compliance).
(4) Time extension. You may submit a written request to the
Administrator for a time extension documenting that, for reasons beyond
your control, you may not be able to meet the 90-day deadline for
submitting the Notification of Compliance after completion of testing.
The Administrator will determine whether a time extension is warranted.
(5) Early compliance. If you conduct the initial comprehensive
performance test prior to the compliance date, you must postmark the
Notification of Compliance within 90 days of completion of the
performance test or by the compliance date, whichever is later.
(k) Failure to submit a timely notification of compliance. (1) If
you fail to postmark a Notification of Compliance by
[[Page 50]]
the specified date, you must cease hazardous waste burning immediately.
(2) Prior to submitting a revised Notification of Compliance as
provided by paragraph (k)(3) of this section, you may burn hazardous
waste only for the purpose of pretesting or comprehensive performance
testing and only for a maximum of 720 hours (renewable at the discretion
of the Administrator).
(3) You must submit to the Administrator a Notification of
Compliance subsequent to a new comprehensive performance test before
resuming hazardous waste burning.
(l) Failure of performance test--(1) Comprehensive performance test.
The provisions of this paragraph do not apply to the initial
comprehensive performance test if you conduct the test prior to your
compliance date.
(i) If you determine (based on CEM recordings, results of analyses
of stack samples, or results of CMS performance evaluations) that you
have exceeded any emission standard during a comprehensive performance
test for a mode of operation, you must cease hazardous waste burning
immediately under that mode of operation. You must make this
determination within 90 days following completion of the performance
test.
(ii) If you have failed to demonstrate compliance with the emission
standards for any mode of operation:
(A) Prior to submitting a revised Notification of Compliance as
provided by paragraph (l)(1)(ii)(C) of this section, you may burn
hazardous waste only for the purpose of pretesting or comprehensive
performance testing under revised operating conditions, and only for a
maximum of 720 hours (renewable at the discretion of the Administrator),
except as provided by paragraph (l)(3) of this section;
(B) You must conduct a comprehensive performance test under revised
operating conditions following the requirements for performance testing
of this section; and
(C) You must submit to the Administrator a Notification of
Compliance subsequent to the new comprehensive performance test.
(2) Confirmatory performance test. If you determine (based on CEM
recordings, results of analyses of stack samples, or results of CMS
performance evaluations) that you have failed the dioxin/furan emission
standard during a confirmatory performance test, you must cease burning
hazardous waste immediately. You must make this determination within 90
days following completion of the performance test. To burn hazardous
waste in the future:
(i) You must submit to the Administrator for review and approval a
test plan to conduct a comprehensive performance test to identify
revised limits on the applicable dioxin/furan operating parameters
specified in Sec. 63.1209(k);
(ii) You must submit to the Administrator a Notification of
Compliance with the dioxin/furan emission standard under the provisions
of paragraphs (j) and (k) of this section and this paragraph (l). You
must include in the Notification of Compliance the revised limits on the
applicable dioxin/furan operating parameters specified in Sec.
63.1209(k); and
(iii) Until the Notification of Compliance is submitted, you must
not burn hazardous waste except for purposes of pretesting or
confirmatory performance testing, and for a maximum of 720 hours
(renewable at the discretion of the Administrator), except as provided
by paragraph (l)(3) of this section.
(3) You may petition the Administrator to obtain written approval to
burn hazardous waste in the interim prior to submitting a Notification
of Compliance for purposes other than testing or pretesting. You must
specify operating requirements, including limits on operating
parameters, that you determine will ensure compliance with the emission
standards of this subpart based on available information including data
from the failed performance test. The Administrator will review, modify
as necessary, and approve if warranted the interim operating
requirements. An approval of interim operating requirements will include
a schedule for submitting a Notification of Compliance.
(m) Waiver of performance test. You are not required to conduct
performance tests to document compliance with the mercury, semivolatile
metals, low volatile metals, or hydrogen chloride/chlorine gas emission
standards
[[Page 51]]
under the conditions specified in paragraphs (m)(1) or (m)(2) of this
section. The waiver provisions of this paragraph apply in addition to
the provisions of Sec. 63.7(h).
(1) Emission standards based on exhaust gas flow rate. (i) You are
deemed to be in compliance with an emission standard based on the
volumetric flow rate of exhaust gas (i.e., [micro]g/dscm or ppmv) if the
maximum theoretical emission concentration (MTEC) does not exceed the
emission standard over the relevant averaging period specified under
Sec. 63.1209(l), (n), and (o) of this section for the standard:
(A) Determine the feedrate of mercury, semivolatile metals, low
volatile metals, or total chlorine and chloride from all feedstreams;
(B) Determine the stack gas flowrate; and
(C) Calculate a MTEC for each standard assuming all mercury,
semivolatile metals, low volatile metals, or total chlorine (organic and
inorganic) from all feedstreams is emitted;
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile metals,
low volatile metals, and total chlorine and chloride from all
feedstreams according to Sec. 63.1209(c);
(B) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(C) Continuously calculate and record in the operating record the
MTEC under the procedures of paragraph (m)(1)(i) of this section; and
(D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this
section to the AWFCO system to stop hazardous waste burning when the
MTEC exceeds the emission standard.
(iii) In lieu of the requirement in paragraphs (m)(1)(ii)(C) and (D)
of this section, you may:
(A) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury, semivolatile
metals, low volatile metals, and/or total chlorine and chloride from all
feedstreams that ensures the MTEC as calculated in paragraph
(m)(1)(i)(C) of this section is below the applicable emission standard;
and
(B) Interlock the minimum gas flowrate limit and maximum feedrate
limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system to
stop hazardous waste burning when the gas flowrate or mercury,
semivolatile metals, low volatile metals, and/or total chlorine and
chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of this
section.
(2) Emission standards based on hazardous waste thermal
concentration. (i) You are deemed to be in compliance with an emission
standard specified on a hazardous waste thermal concentration basis
(i.e., pounds emitted per million Btu of heat input) if the HAP thermal
concentration in the waste feed does not exceed the allowable HAP
thermal concentration emission rate.
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile metals,
low volatile metals, and total chlorine and chloride from all hazardous
waste feedstreams in accordance with Sec. 63.1209(c);
(B) Determine and record the higher heating value of each hazardous
waste feed;
(C) Continuously calculate and record the thermal feed rate of all
hazardous waste feedstreams by summing the products of each hazardous
waste feed rate multiplied by the higher heating value of that hazardous
waste;
(D) Continuously calculate and record the total HAP thermal feed
concentration for each constituent by dividing the HAP feedrate
determined in paragraph (m)(2)(ii)(A) of this section by the thermal
feed rate determined in paragraph (m)(2)(ii)(C) of this section for all
hazardous waste feedstreams;
(E) Interlock the HAP thermal feed concentration for each
constituent with the AWFCO to stop hazardous waste feed when the thermal
feed concentration exceeds the applicable thermal emission standard.
(3) When you determine the feedrate of mercury, semivolatile metals,
low volatile metals, or total chlorine and chloride for purposes of this
provision, except as provided by paragraph (m)(4) of this section, you
must assume that
[[Page 52]]
the analyte is present at the full detection limit when the feedstream
analysis determines that the analyte in not detected in the feedstream.
(4) Owners and operators of hazardous waste burning cement kilns and
lightweight aggregate kilns may assume that mercury is present in raw
material at half the detection limit when the raw material feedstream
analysis determines that mercury is not detected.
(5) You must state in the site-specific test plan that you submit
for review and approval under paragraph (e) of this section that you
intend to comply with the provisions of this paragraph. You must include
in the test plan documentation that any surrogate that is proposed for
gas flowrate adequately correlates with the gas flowrate.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42299, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 35106, July 3, 2001; 66 FR 63318, Dec.
6, 2001; 67 FR 6814, Feb. 13, 2002; 67 FR 6990, Feb. 14, 2002; 67 FR
77691, Dec. 19, 2002; 70 FR 59546, Oct. 12, 2005; 73 FR 18980, Apr. 8,
2008; 73 FR 64096, Oct. 28, 2008]
Sec. 63.1208 What are the test methods?
(a) [Reserved]
(b) Test methods. You must use the following test methods to
determine compliance with the emissions standards of this subpart:
(1) Dioxins and furans. (i) To determine compliance with the
emission standard for dioxins and furans, you must use:
(A) Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofurans emissions from Stationary
Sources, EPA Publication SW-846 (incorporated by reference--see Sec.
63.14); or
(B) Method 23, provided in appendix A, part 60 of this chapter,
after approval by the Administrator.
(1) You may request approval to use Method 23 in the performance
test plan required under Sec. 63.1207(e)(i) and (ii).
(2) In determining whether to grant approval to use Method 23, the
Administrator may consider factors including whether dioxin/furan were
detected at levels substantially below the emission standard in previous
testing, and whether previous Method 0023 analyses detected low levels
of dioxin/furan in the front half of the sampling train.
(3) Sources that emit carbonaceous particulate matter, such as coal-
fired boilers, and sources equipped with activated carbon injection,
will be deemed not suitable for use of Method 23 unless you document
that there would not be a significant improvement in quality assurance
with Method 0023A.
(ii) You must sample for a minimum of three hours, and you must
collect a minimum sample volume of 2.5 dscm;
(iii) You may assume that nondetects are present at zero
concentration.
(2) Mercury. You must use Method 29, provided in appendix A, part 60
of this chapter, to demonstrate compliance with emission standard for
mercury.
(3) Cadmium and lead. You must use Method 29, provided in appendix
A, part 60 of this chapter, to determine compliance with the emission
standard for cadmium and lead (combined).
(4) Arsenic, beryllium, and chromium. You must use Method 29,
provided in appendix A, part 60 of this chapter, to determine compliance
with the emission standard for arsenic, beryllium, and chromium
(combined).
(5) Hydrogen chloride and chlorine gas--(i) Compliance with MACT
standards. To determine compliance with the emission standard for
hydrogen chloride and chlorine gas (combined), you must use:
(A) Method 26/26A as provided in appendix A, part 60 of this
chapter; or
(B) Methods 320 or 321 as provided in appendix A, part 63 of this
chapter, or
(C) ASTM D 6735-01, Standard Test Method for Measurement of Gaseous
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger
Method to measure emissions of hydrogen chloride, and Method 26/26A to
measure emissions of chlorine gas, provided that you follow the
provisions in paragraphs (b)(5)(C)(1) through (6) of this section. ASTM
D 6735-01 is available for purchase from at least one of the following
addresses: American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
[[Page 53]]
(1) A test must include three or more runs in which a pair of
samples is obtained simultaneously for each run according to section
11.2.6 of ASTM Method D6735-01.
(2) You must calculate the test run standard deviation of each set
of paired samples to quantify data precision, according to Equation 1 of
this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.001
Where:
RSDa = The test run relative standard deviation of sample
pair a, percent.
C1a and C2a = The HCl concentrations, milligram/
dry standard cubic meter (mg/dscm), from the paired samples.
(3) You must calculate the test average relative standard deviation
according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.002
Where:
RSDTA = The test average relative standard deviation,
percent.
RSDa = The test run relative standard deviation for sample
pair a.
p = The number of test runs, =3.
(4) If RSDTA is greater than 20 percent, the data are invalid and
the test must be repeated.
(5) The post-test analyte spike procedure of section 11.2.7 of ASTM
Method D6735-01 is conducted, and the percent recovery is calculated
according to section 12.6 of ASTM Method D6735-01.
(6) If the percent recovery is between 70 percent and 130 percent,
inclusive, the test is valid. If the percent recovery is outside of this
range, the data are considered invalid, and the test must be repeated.
(ii) Compliance with risk-based limits under Sec. 63.1215. To
demonstrate compliance with emission limits established under Sec.
63.1215, you must use Method 26/26A as provided in appendix A, part 60
of this chapter, Method 320 as provided in appendix A, part 63 of this
chapter, Method 321 as provided in appendix A, part 63 of this chapter,
or ASTM D 6735-01, Standard Test Method for Measurement of Gaseous
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger
Method (following the provisions of paragraphs (b)(5)(C)(1) through (6)
of this section), except:
(A) For cement kilns and sources equipped with a dry acid gas
scrubber, you must use Methods 320 or 321 as provided in appendix A,
part 63 of this chapter, or ASTM D 6735-01 to measure hydrogen chloride,
and the back-half, caustic impingers of Method 26/26A as provided in
appendix A, part 60 of this chapter to measure chlorine gas; and
(B) For incinerators, boilers, and lightweight aggregate kilns, you
must use Methods 320 or 321 as provided in appendix A, part 63 of this
chapter, or ASTM D 6735-01 to measure hydrogen chloride, and Method 26/
26A as provided in appendix A, part 60 of this chapter to measure total
chlorine, and calculate chlorine gas by difference if:
(1) The bromine/chlorine ratio in feedstreams is greater than 5
percent; or
(2) The sulfur/chlorine ratio in feedstreams is greater than 50
percent.
(6) Particulate matter. You must use Methods 5 or 5I, provided in
appendix A, part 60 of this chapter, to demonstrate compliance with the
emission standard for particulate matter.
(7) Other test methods. You may use applicable test methods in EPA
Publication SW-846, as incorporated by reference in paragraph (a) of
this section, as necessary to demonstrate compliance with requirements
of this subpart, except as otherwise specified in paragraphs (b)(2)-
(b)(6) of this section.
(8) Feedstream analytical methods. You may use any reliable
analytical method to determine feedstream concentrations of metals,
chlorine, and other constituents. It is your responsibility
[[Page 54]]
to ensure that the sampling and analysis procedures are unbiased,
precise, and that the results are representative of the feedstream.
(9) Opacity. If you determine compliance with the opacity standard
under the monitoring requirements of Sec. Sec. 63.1209(a)(1)(iv) and
(a)(1)(v), you must use Method 9, provided in appendix A, part 60 of
this chapter.
[64 FR 53038, Sept. 30, 1999, as amended at 69 FR 18803, Apr. 9, 2004;
70 FR 34555, June 14, 2005; 70 FR 59547, Oct. 12, 2005]
Sec. 63.1209 What are the monitoring requirements?
(a) Continuous emissions monitoring systems (CEMS) and continuous
opacity monitoring systems (COMS). (1)(i) You must use either a carbon
monoxide or hydrocarbon CEMS to demonstrate and monitor compliance with
the carbon monoxide and hydrocarbon standard under this subpart. You
must also use an oxygen CEMS to continuously correct the carbon monoxide
or hydrocarbon level to 7 percent oxygen.
(ii) (A) Cement kilns under Sec. 63.1204. Except as provided by
paragraphs (a)(1)(iv) and (a)(1)(v) of the section, you must use a COMS
to demonstrate and monitor compliance with the opacity standard under
Sec. Sec. 63.1204(a)(7) and (b)(7) at each point where emissions are
vented from these affected sources including the bypass stack of a
preheater or preheater/precalciner kiln with dual stacks.
(B) Cement kilns under Sec. 63.1220. Except as provided by
paragraphs (a)(1)(iv) and (a)(1)(v) of the section and unless your
source is equipped with a bag leak detection system under Sec.
63.1206(c)(8) or a particulate matter detection system under Sec.
63.1206(c)(9), you must use a COMS to demonstrate and monitor compliance
with the opacity standard under Sec. Sec. 63.1220(a)(7) and (b)(7) at
each point where emissions are vented from these affected sources
including the bypass stack of a preheater or preheater/precalciner kiln
with dual stacks.
(C) You must maintain and operate each COMS in accordance with the
requirements of Sec. 63.8(c) except for the requirements under Sec.
63.8(c)(3). The requirements of Sec. 63.1211(c) shall be complied with
instead of Sec. 63.8(c)(3); and
(D) Compliance is based on a six-minute block average.
(iii) You must install, calibrate, maintain, and operate a
particulate matter CEMS to demonstrate and monitor compliance with the
particulate matter standards under this subpart. However, compliance
with the requirements in this section to install, calibrate, maintain
and operate the PM CEMS is not required until such time that the Agency
promulgates all performance specifications and operational requirements
applicable to PM CEMS.
(iv) If you operate a cement kiln subject to the provisions of this
subpart and use a fabric filter with multiple stacks or an electrostatic
precipitator with multiple stacks, you may, in lieu of installing the
COMS required by paragraph (a)(1)(ii) of this section, comply with the
opacity standard in accordance with the procedures of Method 9 to part
60 of this chapter:
(A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
(B) The duration of the Method 9 test shall be at least 30 minutes
each day;
(C) You must use the Method 9 procedures to monitor and record the
average opacity for each six-minute block period during the test; and
(D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard.
(v) If you operate a cement kiln subject to the provisions of this
subpart and use a particulate matter control device that exhausts
through a monovent, or if the use of a COMS in accordance with the
installation specification of Performance Specification 1 (PS-1) of
appendix B to part 60 of this chapter is not feasible, you may, in lieu
of installing the COMS required by paragraph (a)(1)(ii) of this section,
comply with the opacity standard in accordance with the procedures of
Method 9 to part 60 of this chapter:
(A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
[[Page 55]]
(B) The duration of the Method 9 test shall be at least 30 minutes
each day;
(C) You must use the Method 9 procedures to monitor and record the
average opacity for each six-minute block period during the test; and
(D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard.
(2) Performance specifications. You must install, calibrate,
maintain, and continuously operate the CEMS and COMS in compliance with
the quality assurance procedures provided in the appendix to this
subpart and Performance Specifications 1 (opacity), 4B (carbon monoxide
and oxygen), and 8A (hydrocarbons) in appendix B, part 60 of this
chapter.
(3) Carbon monoxide readings exceeding the span. (i) Except as
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide
CEMS detects a response that results in a one-minute average at or above
the 3,000 ppmv span level required by Performance Specification 4B in
appendix B, part 60 of this chapter, the one-minute average must be
recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be used
for calculating the hourly rolling average carbon monoxide level.
(ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS
that use a span value of 10,000 are subject to the same CEMS performance
and equipment specifications when operating in the range of 3,000 ppmv
to 10,000 ppmv that are provided by Performance Specification 4B for
other carbon monoxide CEMS, except:
(A) Calibration drift must be less than 300 ppmv; and
(B) Calibration error must be less than 500 ppmv.
(4) Hydrocarbon readings exceeding the span. (i) Except as provided
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects a
response that results in a one-minute average at or above the 100 ppmv
span level required by Performance Specification 8A in appendix B, part
60 of this chapter, the one-minute average must be recorded as 500 ppmv.
The one-minute 500 ppmv value must be used for calculating the hourly
rolling average HC level.
(ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that
use a span value of 500 ppmv are subject to the same CEMS performance
and equipment specifications when operating in the range of 100 ppmv to
500 ppmv that are provided by Performance Specification 8A for other
hydrocarbon CEMS, except:
(A) The zero and high-level calibration gas must have a hydrocarbon
level of between 0 and 100 ppmv, and between 250 and 450 ppmv,
respectively;
(B) The strip chart recorder, computer, or digital recorder must be
capable of recording all readings within the CEM measurement range and
must have a resolution of 2.5 ppmv;
(C) The CEMS calibration must not differ by more than 15 ppmv after each 24-hour period of the seven day test
at both zero and high levels;
(D) The calibration error must be no greater than 25 ppmv; and
(E) The zero level, mid-level, and high level calibration gas used
to determine calibration error must have a hydrocarbon level of 0-200
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
(5) Petitions to use CEMS for other standards. You may petition the
Administrator to use CEMS for compliance monitoring for particulate
matter, mercury, semivolatile metals, low volatile metals, and hydrogen
chloride and chlorine gas under Sec. 63.8(f) in lieu of compliance with
the corresponding operating parameter limits under this section.
(6) Calculation of rolling averages--(i) Calculation of rolling
averages initially. The carbon monoxide or hydrocarbon CEMS must begin
recording one-minute average values by 12:01 a.m. and hourly rolling
average values by 1:01 a.m., when 60 one-minute values will be available
for calculating the initial hourly rolling average for those sources
that come into compliance on the regulatory compliance date.
[[Page 56]]
Sources that elect to come into compliance before the regulatory
compliance date must begin recording one-minute and hourly rolling
average values within 60 seconds and 60 minutes (when 60 one-minute
values will be available for calculating the initial hourly rolling
average), respectively, from the time at which compliance begins.
(ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not available
for calculating the hourly rolling average. When one-minute values
become available again, the first one-minute value is added to the
previous 59 values to calculate the hourly rolling average.
(iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this
section, you must continue monitoring carbon monoxide and hydrocarbons
when the hazardous waste feed is cutoff if the source is operating. You
must not resume feeding hazardous waste if the emission levels exceed
the standard.
(B) You are not subject to the CEMS requirements of this subpart
during periods of time you meet the requirements of Sec.
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous
waste burning sources when you are not burning hazardous waste).
(7) Operating parameter limits for hydrocarbons. If you elect to
comply with the carbon monoxide and hydrocarbon emission standard by
continuously monitoring carbon monoxide with a CEMS, you must
demonstrate that hydrocarbon emissions during the comprehensive
performance test do not exceed the hydrocarbon emissions standard. In
addition, the limits you establish on the destruction and removal
efficiency (DRE) operating parameters required under paragraph (j) of
this section also ensure that you maintain compliance with the
hydrocarbon emission standard. If you do not conduct the hydrocarbon
demonstration and DRE tests concurrently, you must establish separate
operating parameter limits under paragraph (j) of this section based on
each test and the more restrictive of the operating parameter limits
applies.
(b) Other continuous monitoring systems (CMS). (1) You must use CMS
(e.g., thermocouples, pressure transducers, flow meters) to document
compliance with the applicable operating parameter limits under this
section.
(2) Except as specified in paragraphs (b)(2)(i) and (ii) of this
section, you must install and operate continuous monitoring systems
other than CEMS in conformance with Sec. 63.8(c)(3) that requires you,
at a minimum, to comply with the manufacturer's written specifications
or recommendations for installation, operation, and calibration of the
system:
(i) Calibration of thermocouples and pyrometers. The calibration of
thermocouples must be verified at a frequency and in a manner consistent
with manufacturer specifications, but no less frequent than once per
year. You must operate and maintain optical pyrometers in accordance
with manufacturer specifications unless otherwise approved by the
Administrator. You must calibrate optical pyrometers in accordance with
the frequency and procedures recommended by the manufacturer, but no
less frequent than once per year, unless otherwise approved by the
Administrator. And,
(ii) Accuracy and calibration of weight measurement devices for
activated carbon injection systems. If you operate a carbon injection
system, the accuracy of the weight measurement device must be 1 percent of the weight being measured. The calibration
of the device must be verified at least once each calendar quarter at a
frequency of approximately 120 days.
(3) CMS must sample the regulated parameter without interruption,
and evaluate the detector response at least once each 15 seconds, and
compute and record the average values at least every 60 seconds.
(4) The span of the non-CEMS CMS detector must not be exceeded. You
must interlock the span limits into the automatic waste feed cutoff
system required by Sec. 63.1206(c)(3).
(5) Calculation of rolling averages--(i) Calculation of rolling
averages initially. Continuous monitoring systems must begin recording
one-minute average values by 12:01 a.m., hourly rolling average values
by 1:01 a.m. (e.g., when 60
[[Page 57]]
one-minute values will be available for calculating the initial hourly
rolling average), and twelve-hour rolling averages by 12:01 p.m. (e.g.,
when 720 one-minute averages are available to calculate a 12-hour
rolling average), for those sources that come into compliance on the
regulatory compliance date. Sources that elect to come into compliance
before the regulatory compliance date must begin recording one-minute,
hourly rolling average, and 12-hour rolling average values within 60
seconds, 60 minutes (when 60 one-minute values will be available for
calculating the initial hourly rolling average), and 720 minutes (when
720 one-minute values will be available for calculating the initial 12-
hour hourly rolling average) respectively, from the time at which
compliance begins.
(ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not available
for calculating rolling averages. When one-minute values become
available again, the first one-minute value is added to the previous
one-minute values to calculate rolling averages.
(iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this
section, you must continue monitoring operating parameter limits with a
CMS when the hazardous waste feed is cutoff if the source is operating.
You must not resume feeding hazardous waste if an operating parameter
exceeds its limit.
(B) You are not subject to the CMS requirements of this subpart
during periods of time you meet the requirements of Sec.
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous
waste burning sources when you are not burning hazardous waste).
(c) Analysis of feedstreams--(1) General. Prior to feeding the
material, you must obtain an analysis of each feedstream that is
sufficient to document compliance with the applicable feedrate limits
provided by this section.
(2) Feedstream analysis plan. You must develop and implement a
feedstream analysis plan and record it in the operating record. The plan
must specify at a minimum:
(i) The parameters for which you will analyze each feedstream to
ensure compliance with the operating parameter limits of this section;
(ii) Whether you will obtain the analysis by performing sampling and
analysis or by other methods, such as using analytical information
obtained from others or using other published or documented data or
information;
(iii) How you will use the analysis to document compliance with
applicable feedrate limits (e.g., if you blend hazardous wastes and
obtain analyses of the wastes prior to blending but not of the blended,
as-fired, waste, the plan must describe how you will determine the
pertinent parameters of the blended waste);
(iv) The test methods which you will use to obtain the analyses;
(v) The sampling method which you will use to obtain a
representative sample of each feedstream to be analyzed using sampling
methods described in appendix IX, part 266 of this chapter, or an
equivalent method; and
(vi) The frequency with which you will review or repeat the initial
analysis of the feedstream to ensure that the analysis is accurate and
up to date.
(3) Review and approval of analysis plan. You must submit the
feedstream analysis plan to the Administrator for review and approval,
if requested.
(4) Compliance with feedrate limits. To comply with the applicable
feedrate limits of this section, you must monitor and record feedrates
as follows:
(i) Determine and record the value of the parameter for each
feedstream by sampling and analysis or other method;
(ii) Determine and record the mass or volume flowrate of each
feedstream by a CMS. If you determine flowrate of a feedstream by
volume, you must determine and record the density of the feedstream by
sampling and analysis (unless you report the constituent concentration
in units of weight per unit volume (e.g., mg/l)); and
(iii) Calculate and record the mass feedrate of the parameter per
unit time.
(5) Waiver of monitoring of constituents in certain feedstreams. You
are not required to monitor levels of metals or chlorine in the
following feedstreams to document compliance with the
[[Page 58]]
feedrate limits under this section provided that you document in the
comprehensive performance test plan the expected levels of the
constituent in the feedstream and account for those assumed feedrate
levels in documenting compliance with feedrate limits: natural gas,
process air, and feedstreams from vapor recovery systems.
(d) Performance evaluations. (1) The requirements of Sec. Sec.
63.8(d) (Quality control program) and (e) (Performance evaluation of
continuous monitoring systems) apply, except that you must conduct
performance evaluations of components of the CMS under the frequency and
procedures (for example, submittal of performance evaluation test plan
for review and approval) applicable to performance tests as provided by
Sec. 63.1207.
(2) You must comply with the quality assurance procedures for CEMS
prescribed in the appendix to this subpart.
(e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.
(f) Operation and maintenance of continuous monitoring systems. The
provisions of Sec. 63.8(c) apply except:
(1) Section 63.8(c)(3). The requirements of Sec. 63.1211(c), that
requires CMSs to be installed, calibrated, and operational on the
compliance date, shall be complied with instead of section 63.8(c)(3);
(2) Section 63.8(c)(4)(ii). The performance specifications for
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of
this chapter that requires detectors to measure the sample concentration
at least once every 15 seconds for calculating an average emission rate
once every 60 seconds shall be complied with instead of section
63.8(c)(4)(ii); and
(3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to
COMS apply only to owners and operators of hazardous waste burning
cement kilns.
(g) Alternative monitoring requirements other than continuous
emissions monitoring systems (CEMS)--(1) Requests to use alternatives to
operating parameter monitoring requirements. (i) You may submit an
application to the Administrator under this paragraph for approval of
alternative operating parameter monitoring requirements to document
compliance with the emission standards of this subpart. For requests to
use additional CEMS, however, you must use paragraph (a)(5) of this
section and Sec. 63.8(f). Alternative requests to operating parameter
monitoring requirements that include unproven monitoring methods may not
be made under this paragraph and must be made under Sec. 63.8(f).
(ii) You may submit an application to waive an operating parameter
limit specified in this section based on documentation that neither that
operating parameter limit nor an alternative operating parameter limit
is needed to ensure compliance with the emission standards of this
subpart.
(iii) You must comply with the following procedures for applications
submitted under paragraphs (g)(1)(i) and (ii) of this section:
(A) Timing of the application. You must submit the application to
the Administrator not later than with the comprehensive performance test
plan.
(B) Content of the application. You must include in the application:
(1) Data or information justifying your request for an alternative
monitoring requirement (or for a waiver of an operating parameter
limit), such as the technical or economic infeasibility or the
impracticality of using the required approach;
(2) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach/technique (e.g., type of detector, monitoring
location), the averaging period for the limit, and how the limit is to
be calculated; and
(3) Data or information documenting that the alternative monitoring
requirement would provide equivalent or better assurance of compliance
with the relevant emission standard, or that it is the monitoring
requirement that best assures compliance with the standard and that is
technically and economically practicable.
(C) Approval of request to use an alternative monitoring requirement
or waive an operating parameter limit. The Administrator will notify you
of approval or intention to deny approval of the request within 90
calendar days after receipt of the original request and within 60
calendar days after receipt of any
[[Page 59]]
supplementary information that you submit. The Administrator will not
approve an alternative monitoring request unless the alternative
monitoring requirement provides equivalent or better assurance of
compliance with the relevant emission standard, or is the monitoring
requirement that best assures compliance with the standard and that is
technically and economically practicable. Before disapproving any
request, the Administrator will notify you of the Administrator's
intention to disapprove the request together with:
(1) Notice of the information and findings on which the intended
disapproval is based; and
(2) Notice of opportunity for you to present additional information
to the Administrator before final action on the request. At the time the
Administrator notifies you of intention to disapprove the request, the
Administrator will specify how much time you will have after being
notified of the intended disapproval to submit the additional
information.
(D) Responsibility of owners and operators. You are responsible for
ensuring that you submit any supplementary and additional information
supporting your application in a timely manner to enable the
Administrator to consider your application during review of the
comprehensive performance test plan. Neither your submittal of an
application, nor the Administrator's failure to approve or disapprove
the application, relieves you of the responsibility to comply with the
provisions of this subpart.
(iv) Dual standards that incorporate the interim standards for HAP
metals--(A) Semivolatile and low volatile metals. You may petition the
Administrator to waive a feedrate operating parameter limit under
paragraph (n)(2) of this section for either the emission standards
expressed in a thermal emissions format or the interim standards based
on documentation that the feedrate operating parameter limit is not
needed to ensure compliance with the relevant standard on a continuous
basis.
(B) Mercury. You may petition the Administrator to waive a feedrate
operating parameter limit under paragraph (l)(1) of this section for
either the feed concentration standard under Sec. Sec. 63.1220(a)(2)(i)
and (b)(2)(i) or the interim standards based on documentation that the
feedrate operating parameter limit is not needed to ensure compliance
with the relevant standard on a continuous basis.
(2) Administrator's discretion to specify additional or alternative
requirements. The Administrator may determine on a case-by-case basis at
any time (e.g., during review of the comprehensive performance test
plan, during compliance certification review) that you may need to limit
additional or alternative operating parameters (e.g., opacity in
addition to or in lieu of operating parameter limits on the particulate
matter control device) or that alternative approaches to establish
limits on operating parameters may be necessary to document compliance
with the emission standards of this subpart.
(h) Reduction of monitoring data. The provisions of Sec. 63.8(g)
apply.
(i) When an operating parameter is applicable to multiple standards.
Paragraphs (j) through (p) of this section require you to establish
limits on operating parameters based on comprehensive performance
testing to ensure you maintain compliance with the emission standards of
this subpart. For several parameters, you must establish a limit for the
parameter to ensure compliance with more than one emission standard. An
example is a limit on minimum combustion chamber temperature to ensure
compliance with both the DRE standard of paragraph (j) of this section
and the dioxin/furan standard of paragraph (k) of this section. If the
performance tests for such standards are not performed simultaneously,
the most stringent limit for a parameter derived from independent
performance tests applies.
(j) DRE. To remain in compliance with the destruction and removal
efficiency (DRE) standard, you must establish operating limits during
the comprehensive performance test (or during a previous DRE test under
provisions of Sec. 63.1206(b)(7)) for the following parameters, unless
the limits are based on manufacturer specifications, and comply with
those limits at all times that hazardous waste remains
[[Page 60]]
in the combustion chamber (i.e., the hazardous waste residence time has
not transpired since the hazardous waste feed cutoff system was
activated):
(1) Minimum combustion chamber temperature. (i) You must measure the
temperature of each combustion chamber at a location that best
represents, as practicable, the bulk gas temperature in the combustion
zone. You must document the temperature measurement location in the test
plan you submit under Sec. 63.1207(e);
(ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages;
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Maximum hazardous waste feedrate. (i) You must establish limits
on the maximum pumpable and total (i.e., pumpable and nonpumpable)
hazardous waste feedrate for each location where hazardous waste is fed.
(ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
(iii) You must comply with the feedrate limit(s) on a hourly rolling
average basis;
(4) Operation of waste firing system. You must specify operating
parameters and limits to ensure that good operation of each hazardous
waste firing system is maintained.
(k) Dioxins and furans. You must comply with the dioxin and furans
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
(1) Gas temperature at the inlet to a dry particulate matter control
device. (i) For sources other than a lightweight aggregate kiln, if the
combustor is equipped with an electrostatic precipitator, baghouse
(fabric filter), or other dry emissions control device where particulate
matter is suspended in contact with combustion gas, you must establish a
limit on the maximum temperature of the gas at the inlet to the device
on an hourly rolling average. You must establish the hourly rolling
average limit as the average of the test run averages.
(ii) For hazardous waste burning lightweight aggregate kilns, you
must establish a limit on the maximum temperature of the gas at the exit
of the (last) combustion chamber (or exit of any waste heat recovery
system) on an hourly rolling average. The limit must be established as
the average of the test run averages;
(2) Minimum combustion chamber temperature. (i) For sources other
than cement kilns, you must measure the temperature of each combustion
chamber at a location that best represents, as practicable, the bulk gas
temperature in the combustion zone. You must document the temperature
measurement location in the test plan you submit under Sec. Sec.
63.1207(e) and (f);
(ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages.
(3) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(4) Maximum hazardous waste feedrate. (i) You must establish limits
on the maximum pumpable and total (pumpable and nonpumpable) hazardous
waste feedrate for each location where waste is fed.
(ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
[[Page 61]]
(iii) You must comply with the feedrate limit(s) on a hourly rolling
average basis;
(5) Particulate matter operating limit. If your combustor is
equipped with an activated carbon injection system, you must establish
operating parameter limits on the particulate matter control device as
specified by paragraph (m)(1) of this section;
(6) Activated carbon injection parameter limits. If your combustor
is equipped with an activated carbon injection system:
(i) Carbon feedrate. You must establish a limit on minimum carbon
injection rate on an hourly rolling average calculated as the average of
the test run averages. If your carbon injection system injects carbon at
more than one location, you must establish a carbon feedrate limit for
each location.
(ii) Carrier fluid. You must establish a limit on minimum carrier
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling
average based on the manufacturer's specifications. You must document
the specifications in the test plan you submit under Sec. Sec.
63.1207(e) and (f);
(iii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
carbon used in the performance test.
(B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(k)(6)(iii)(A) of this section. You must include in the operating record
documentation that the substitute carbon will provide the same level of
control as the original carbon.
(7) Carbon bed parameter limits. If your combustor is equipped with
a carbon bed system:
(i) Monitoring bed life. You must:
(A) Monitor performance of the carbon bed consistent with
manufacturer's specifications and recommendations to ensure the carbon
bed (or bed segment for sources with multiple segments) has not reached
the end of its useful life to minimize dioxin/furan and mercury
emissions at least to the levels required by the emission standards;
(B) Document the monitoring procedures in the operation and
maintenance plan;
(C) Record results of the performance monitoring in the operating
record; and
(D) Replace the bed or bed segment before it has reached the end of
its useful life to minimize dioxin/furan and mercury emissions at least
to the levels required by the emission standards.
(ii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
carbon used in the performance test.
(B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test. You must
include in the operating record documentation that the substitute carbon
will provide an equivalent or improved level of control as the original
carbon.
(iii) Maximum temperature. You must measure the temperature of the
carbon bed at either the bed inlet or exit and you must establish a
maximum temperature limit on an hourly rolling average as the average of
the test run averages.
(8) Catalytic oxidizer parameter limits. If your combustor is
equipped with a catalytic oxidizer, you must establish limits on the
following parameters:
(i) Minimum flue gas temperature at the entrance of the catalyst.
You must establish a limit on minimum flue gas temperature at the
entrance of the catalyst on an hourly rolling average as the average of
the test run averages.
[[Page 62]]
(ii) Maximum time in-use. You must replace a catalytic oxidizer with
a new catalytic oxidizer when it has reached the maximum service time
specified by the manufacturer.
(iii) Catalyst replacement specifications. When you replace a
catalyst with a new one, the new catalyst must be equivalent to or
better than the one used during the previous comprehensive test, as
measured by:
(A) Catalytic metal loading for each metal;
(B) Space time, expressed in the units s-1, the maximum
rated volumetric flow of combustion gas through the catalyst divided by
the volume of the catalyst; and
(C) Substrate construction, including materials of construction,
washcoat type, and pore density.
(iv) Maximum flue gas temperature. You must establish a maximum flue
gas temperature limit at the entrance of the catalyst as an hourly
rolling average, based on manufacturer's specifications.
(9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan
inhibitor into the combustion system, you must establish limits for the
following parameters:
(i) Minimum inhibitor feedrate. You must establish a limit on
minimum inhibitor feedrate on an hourly rolling average as the average
of the test run averages.
(ii) Inhibitor specifications. (A) You must specify and use the
brand (i.e., manufacturer) and type of inhibitor used during the
comprehensive performance test until a subsequent comprehensive
performance test is conducted, unless you document in the site-specific
performance test plan required under Sec. Sec. 63.1207(e) and (f) key
parameters that affect the effectiveness of the inhibitor and establish
limits on those parameters based on the inhibitor used in the
performance test.
(B) You may substitute at any time a different brand or type of
inhibitor provided that the replacement has equivalent or improved
properties compared to the inhibitor used in the performance test and
conforms to the key parameters you identify under paragraph
(k)(9)(ii)(A) of this section. You must include in the operating record
documentation that the substitute inhibitor will provide the same level
of control as the original inhibitor.
(l) Mercury. You must comply with the mercury emission standard by
establishing and complying with the following operating parameter
limits. You must base the limits on operations during the comprehensive
performance test, unless the limits are based on manufacturer
specifications.
(1) Feedrate of mercury. (i) For incinerators and solid fuel
boilers, when complying with the mercury emission standards under
Sec. Sec. 63.1203, 63.1216 and 63.1219, you must establish a 12-hour
rolling average limit for the total feedrate of mercury in all
feedstreams as the average of the test run averages.
(ii) For liquid fuel boilers, when complying with the mercury
emission standards of Sec. 63.1217, you must establish a rolling
average limit for the mercury feedrate as follows on an averaging period
not to exceed an annual rolling average:
(A) You must calculate a mercury system removal efficiency for each
test run and calculate the average system removal efficiency of the test
run averages. If emissions exceed the mercury emission standard during
the comprehensive performance test, it is not a violation because the
averaging period for the mercury emission standard is (not-to-exceed)
one year and compliance is based on compliance with the mercury feedrate
limit with an averaging period not-to-exceed one year.
(B) If you burn hazardous waste with a heating value of 10,000 Btu/
lb or greater, you must calculate the mercury feedrate limit as follows:
(1) The mercury feedrate limit is the emission standard divided by
[1 - system removal efficiency].
(2) The mercury feedrate limit is a hazardous waste thermal
concentration limit expressed as pounds of mercury in hazardous waste
feedstreams per million Btu of hazardous waste fired.
(3) You must comply with the hazardous waste mercury thermal
concentration limit by determining the feedrate of mercury in all
hazardous waste feedstreams (lb/hr) at least once a minute and the
hazardous waste thermal feedrate (MM Btu/hr) at least once
[[Page 63]]
a minute to calculate a 60-minute average thermal emission concentration
as [hazardous waste mercury feedrate (lb/hr) / hazardous waste thermal
feedrate (MM Btu/hr)].
(4) You must calculate a rolling average hazardous waste mercury
thermal concentration that is updated each hour.
(5) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you must calculate the initial
rolling average as though you had selected a 12-hour rolling average, as
provided by paragraph (b)(5)(i) of this section. Thereafter, you must
calculate rolling averages using either one-minute or one-hour updates.
Hourly updates shall be calculated using the average of the one-minute
average data for the preceding hour. For the period beginning with
initial operation under this standard until the source has operated for
the full averaging period that you select, the average feedrate shall be
based only on actual operation under this standard.
(C) If you burn hazardous waste with a heating value of less than
10,000 Btu/lb, you must calculate the mercury feedrate limit as follows:
(1) You must calculate the mercury feedrate limit as the mercury
emission standard divided by [1 - System Removal Efficiency].
(2) The feedrate limit is expressed as a mass concentration per unit
volume of stack gas ([micro]gm/dscm) and is converted to a mass feedrate
(lb/hr) by multiplying it by the average stack gas flowrate of the test
run averages.
(3) You must comply with the feedrate limit by determining the
mercury feedrate (lb/hr) at least once a minute to calculate a 60-minute
average feedrate.
(4) You must update the rolling average feedrate each hour with this
60-minute feedrate measurement.
(5) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you must calculate the initial
rolling average as though you had selected a 12-hour rolling average, as
provided by paragraph (b)(5)(i) of this section. Thereafter, you must
calculate rolling averages using either one-minute or one-hour updates.
Hourly updates shall be calculated using the average of the one-minute
average data for the preceding hour. For the period beginning with
initial operation under this standard until the source has operated for
the full averaging period that you select, the average feedrate shall be
based only on actual operation under this standard.
(D) If your boiler is equipped with a wet scrubber, you must comply
with the following unless you document in the performance test plan that
you do not feed chlorine at rates that may substantially affect the
system removal efficiency of mercury for purposes of establishing a
mercury feedrate limit based on the system removal efficiency during the
test:
(1) Scrubber blowdown must be minimized during a pretest
conditioning period and during the performance test:
(2) Scrubber water must be preconditioned so that mercury in the
water is at equilibrium with stack gas at the mercury feedrate level of
the performance test; and
(3) You must establish an operating limit on minimum pH of scrubber
water as the average of the test run averages and comply with the limit
on an hourly rolling average.
(iii) For cement kilns:
(A) When complying with the emission standards under Sec. Sec.
63.1220(a)(2)(i) and (b)(2)(i), you must:
(1) Comply with the mercury hazardous waste feed concentration
operating requirement on a twelve-hour rolling average;
(2) Monitor and record in the operating record the as-fired mercury
concentration in the hazardous waste (or the weighted-average mercury
concentration for multiple hazardous waste feedstreams);
(3) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the as-fired
mercury concentration operating requirement is exceeded;
(B) When complying with the emission standards under Sec. Sec.
63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish a
12-hour rolling average limit for the feedrate of mercury in
[[Page 64]]
all feedstreams as the average of the test run averages;
(C) Except as provided by paragraph (l)(1)(iii)(D) of this section,
when complying with the hazardous waste maximum theoretical emission
concentration (MTEC) under Sec. 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B),
you must:
(1) Comply with the MTEC operating requirement on a twelve-hour
rolling average;
(2) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(3) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(4) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(5) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the MTEC operating
requirement is exceeded;
(D) In lieu of complying with paragraph (l)(1)(iii)(C) of this
section, you may:
(1) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (l)(1)(iii)(C)(4) of this section is below the operating
requirement under paragraphs Sec. Sec. 63.1220(a)(2)(ii)(B) and
(b)(2)(ii)(B); and
(2) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when either the gas
flowrate or mercury feedrate exceeds the limits identified in paragraph
(l)(1)(iii)(D)(1) of this section.
(iv) For lightweight aggregate kilns:
(A) When complying with the emission standards under Sec. Sec.
63.1205, 63.1221(a)(2)(i) and (b)(2)(i), you must establish a 12-hour
rolling average limit for the total feedrate of mercury in all
feedstreams as the average of the test run averages;
(B) Except as provided by paragraph (l)(1)(iv)(C) of this section,
when complying with the hazardous waste feedrate corresponding to a
maximum theoretical emission concentration (MTEC) under Sec. Sec.
63.1221(a)(2)(ii) and (b)(2)(ii), you must:
(1) Comply with the MTEC operating requirement on a twelve-hour
rolling average;
(2) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(3) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(4) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(5) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the MTEC operating
requirement is exceeded;
(C) In lieu of complying with paragraph (l)(1)(iv)(B) of this
section, you may:
(1) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (l)(1)(iv)(B)(4) of this section is below the operating
requirement under paragraphs Sec. Sec. 63.1221(a)(2)(ii) and
(b)(2)(ii); and
(2) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when either the gas
flowrate or mercury feedrate exceeds the limits identified in paragraph
(l)(1)(iv)(C)(1) of this section.
(v) Extrapolation of feedrate levels. In lieu of establishing
mercury feedrate limits as specified in paragraphs (l)(1)(i) through
(iv) of this section, you may request as part of the performance test
plan under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207 (e) and (f)
to use the mercury feedrates and associated emission rates during the
comprehensive performance test to extrapolate to higher allowable
feedrate limits and emission rates. The extrapolation methodology will
be reviewed and approved, as warranted, by the Administrator. The review
will consider in particular whether:
[[Page 65]]
(A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
(B) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
(2) Wet scrubber. If your combustor is equipped with a wet scrubber,
you must establish operating parameter limits prescribed by paragraph
(o)(3) of this section, except for paragraph (o)(3)(iv).
(3) Activated carbon injection. If your combustor is equipped with
an activated carbon injection system, you must establish operating
parameter limits prescribed by paragraphs (k)(5) and (k)(6) of this
section.
(4) Activated carbon bed. If your combustor is equipped with an
activated carbon bed system, you must comply with the requirements of
(k)(7) of this section to assure compliance with the mercury emission
standard.
(m) Particulate matter. You must comply with the particulate matter
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
(1) Control device operating parameter limits (OPLs)--(i) Wet
scrubbers. For sources equipped with wet scrubbers, including ionizing
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic,
collision, or free jet wet scrubbers, and low energy wet scrubbers such
as spray towers, packed beds, or tray towers, you must establish limits
on the following parameters:
(A) For high energy scrubbers only, minimum pressure drop across the
wet scrubber on an hourly rolling average, established as the average of
the test run averages;
(B) For all wet scrubbers:
(1) To ensure that the solids content of the scrubber liquid does
not exceed levels during the performance test, you must either:
(i) Establish a limit on solids content of the scrubber liquid using
a CMS or by manual sampling and analysis. If you elect to monitor solids
content manually, you must sample and analyze the scrubber liquid hourly
unless you support an alternative monitoring frequency in the
performance test plan that you submit for review and approval; or
(ii) Establish a minimum blowdown rate using a CMS and either a
minimum scrubber tank volume or liquid level using a CMS.
(2) For maximum solids content monitored with a CMS, you must
establish a limit on a twelve-hour rolling average as the average of the
test run averages.
(3) For maximum solids content measured manually, you must establish
an hourly limit, as measured at least once per hour, unless you support
an alternative monitoring frequency in the performance test plan that
you submit for review and approval. You must establish the maximum
hourly limit as the average of the manual measurement averages for each
run.
(4) For minimum blowdown rate and either a minimum scrubber tank
volume or liquid level using a CMS, you must establish a limit on an
hourly rolling average as the average of the test run averages.
(C) For high energy wet scrubbers only, you must establish limits on
either the minimum liquid to gas ratio or the minimum scrubber water
flowrate and maximum flue gas flowrate on an hourly rolling average. If
you establish limits on maximum flue gas flowrate under this paragraph,
you need not establish a limit on maximum flue gas flowrate under
paragraph (m)(2) of this section. You must establish these hourly
rolling average limits as the average of the test run averages; and
(ii)-(iii) [Reserved]
(iv) Other particulate matter control devices. For each particulate
matter control device that is not a fabric filter or high energy wet
scrubber, or is not an electrostatic precipitator or ionizing wet
scrubber for which you elect to monitor particulate matter loadings
under Sec. 63.1206(c)(9) of this chapter for process control, you must
ensure that
[[Page 66]]
the control device is properly operated and maintained as required by
Sec. 63.1206(c)(7) and by monitoring the operation of the control
device as follows:
(A) During each comprehensive performance test conducted to
demonstrate compliance with the particulate matter emissions standard,
you must establish a range of operating values for the control device
that is a representative and reliable indicator that the control device
is operating within the same range of conditions as during the
performance test. You must establish this range of operating values as
follows:
(1) You must select a set of operating parameters appropriate for
the control device design that you determine to be a representative and
reliable indicator of the control device performance.
(2) You must measure and record values for each of the selected
operating parameters during each test run of the performance test. A
value for each selected parameter must be recorded using a continuous
monitor.
(3) For each selected operating parameter measured in accordance
with the requirements of paragraph (m)(1)(iv)(A)(1) of this section, you
must establish a minimum operating parameter limit or a maximum
operating parameter limit, as appropriate for the parameter, to define
the operating limits within which the control device can operate and
still continuously achieve the same operating conditions as during the
performance test.
(4) You must prepare written documentation to support the operating
parameter limits established for the control device and you must include
this documentation in the performance test plan that you submit for
review and approval. This documentation must include a description for
each selected parameter and the operating range and monitoring frequency
required to ensure the control device is being properly operated and
maintained.
(B) You must install, calibrate, operate, and maintain a monitoring
device equipped with a recorder to measure the values for each operating
parameter selected in accordance with the requirements of paragraph
(m)(1)(iv)(A)(1) of this section. You must install, calibrate, and
maintain the monitoring equipment in accordance with the equipment
manufacturer's specifications. The recorder must record the detector
responses at least every 60 seconds, as required in the definition of
continuous monitor.
(C) You must regularly inspect the data recorded by the operating
parameter monitoring system at a sufficient frequency to ensure the
control device is operating properly. An excursion is determined to have
occurred any time that the actual value of a selected operating
parameter is less than the minimum operating limit (or, if applicable,
greater than the maximum operating limit) established for the parameter
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of
this section.
(D) Operating parameters selected in accordance with paragraph
(m)(1)(iv) of this section may be based on manufacturer specifications
provided you support the use of manufacturer specifications in the
performance test plan that you submit for review and approval.
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Maximum ash feedrate. Owners and operators of hazardous waste
incinerators, solid fuel boilers, and liquid fuel boilers must establish
a maximum ash feedrate limit as a 12-hour rolling average based on the
average of the test run averages. This requirement is waived, however,
if you comply with the particulate matter detection system requirements
under Sec. 63.1206(c)(9).
(n) Semivolatile metals and low volatility metals. You must comply
with the semivolatile metal (cadmium and lead) and low volatile metal
(arsenic, beryllium, and chromium) emission standards by establishing
and complying with the following operating parameter
[[Page 67]]
limits. You must base the limits on operations during the comprehensive
performance test, unless the limits are based on manufacturer
specifications.
(1) Maximum inlet temperature to dry particulate matter air
pollution control device. You must establish a limit on the maximum
inlet temperature to the primary dry metals emissions control device
(e.g., electrostatic precipitator, baghouse) on an hourly rolling
average basis as the average of the test run averages.
(2) Maximum feedrate of semivolatile and low volatile metals--(i)
General. You must establish feedrate limits for semivolatile metals
(cadmium and lead) and low volatile metals (arsenic, beryllium, and
chromium) as follows, except as provided by paragraph (n)(2)(vii) of
this section.
(ii) For incinerators, cement kilns, and lightweight aggregate
kilns, when complying with the emission standards under Sec. Sec.
63.1203, 63.1204, 63.1205, and 63.1219, and for solid fuel boilers when
complying with the emission standards under Sec. 63.1216, you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(iii) Cement kilns under Sec. 63.1220. (A) When complying with the
emission standards under Sec. 63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i),
and (b)(4)(i), you must establish 12-hour rolling average feedrate
limits for semivolatile and low volatile metals as the thermal
concentration of semivolatile metals or low volatile metals in all
hazardous waste feedstreams. You must calculate hazardous waste thermal
concentrations for semivolatile metals and low volatile metals for each
run as the total mass feedrate of semivolatile metals or low volatile
metals for all hazardous waste feedstreams divided by the total heat
input rate for all hazardous waste feedstreams. The 12-hour rolling
average feedrate limits for semivolatile metals and low volatile metals
are the average of the test run averages, calculated on a thermal
concentration basis, for all hazardous waste feeds.
(B) When complying with the emission standards under Sec. Sec.
63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(iv) Lightweight aggregate kilns under Sec. 63.1221. (A) When
complying with the emission standards under Sec. Sec. 63.1221(a)(3)(i),
(a)(4)(i), (b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling
average feedrate limits for semivolatile and low volatile metals as the
thermal concentration of semivolatile metals or low volatile metals in
all hazardous waste feedstreams as specified in paragraphs
(n)(2)(iii)(A) of this section.
(B) When complying with the emission standards under Sec. Sec.
63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(v) Liquid fuel boilers under Sec. 63.1217--(A) Semivolatile
metals. You must establish a rolling average limit for the semivolatile
metal feedrate as follows on an averaging period not to exceed an annual
rolling average.
(1) System removal efficiency. You must calculate a semivolatile
metal system removal efficiency for each test run and calculate the
average system removal efficiency of the test run averages. If emissions
exceed the semivolatile metal emission standard during the comprehensive
performance test, it is not a violation because the averaging period for
the semivolatile metal emission standard is one year and compliance is
based on compliance with the semivolatile metal feedrate limit that has
an averaging period not to exceed an annual rolling average.
(2) Boilers that feed hazardous waste with a heating value of 10,000
Btu/lb or greater. You must calculate the semivolatile metal feedrate
limit as the semivolatile metal emission standard divided by [1 - System
Removal Efficiency].
(i) The feedrate limit is a hazardous waste thermal concentration
limit expressed as pounds of semivolatile metals in all hazardous waste
feedstreams per million Btu of hazardous waste fed to the boiler.
[[Page 68]]
(ii) You must comply with the hazardous waste semivolatile metal
thermal concentration limit by determining the feedrate of semivolatile
metal in all hazardous waste feedstreams (lb/hr) and the hazardous waste
thermal feedrate (MM Btu/hr) at least once a minute to calculate a 60-
minute average thermal emission concentration as [hazardous waste
semivolatile metal feedrate (lb/hr) / hazardous waste thermal feedrate
(MM Btu/hr)].
(iii) You must calculate a rolling average hazardous waste
semivolatile metal thermal concentration that is updated each hour.
(iv) If you select an averaging period for the feedrate limit that
is greater than a 12-hour rolling average, you must calculate the
initial rolling average as though you had selected a 12-hour rolling
average, as provided by paragraph (b)(5)(i) of this section. Thereafter,
you must calculate rolling averages using either one-minute or one-hour
updates. Hourly updates shall be calculated using the average of the
one-minute average data for the preceding hour. For the period beginning
with initial operation under this standard until the source has operated
for the full averaging period that you select, the average feedrate
shall be based only on actual operation under this standard.
(3) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. (i) You must calculate the semivolatile metal feedrate
limit as the semivolatile metal emission standard divided by [1 - System
Removal Efficiency].
(ii) The feedrate limit is expressed as a mass concentration per
unit volume of stack gas ([micro]gm/dscm) and is converted to a mass
feedrate (lb/hr) by multiplying it by the average stack gas flowrate
(dscm/hr) of the test run averages.
(iii) You must comply with the feedrate limit by determining the
semivolatile metal feedrate (lb/hr) at least once a minute to calculate
a 60-minute average feedrate.
(iv) You must update the rolling average feedrate each hour with
this 60-minute feedrate measurement.
(v) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you must calculate the initial
rolling average as though you had selected a 12-hour rolling average, as
provided by paragraph (b)(5)(i) of this section. Thereafter, you must
calculate rolling averages using either one-minute or one-hour updates.
Hourly updates shall be calculated using the average of the one-minute
average data for the preceding hour. For the period beginning with
initial operation under this standard until the source has operated for
the full averaging period that you select, the average feedrate shall be
based only on actual operation under this standard.
(B) Chromium--(1) Boilers that feed hazardous waste with a heating
value of 10,000 Btu/lb or greater. (i) The 12-hour rolling average
feedrate limit is a hazardous waste thermal concentration limit
expressed as pounds of chromium in all hazardous waste feedstreams per
million Btu of hazardous waste fed to the boiler. You must establish the
12-hour rolling average feedrate limit as the average of the test run
averages.
(ii) You must comply with the hazardous waste chromium thermal
concentration limit by determining the feedrate of chromium in all
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal
feedrate (MMBtu/hr) at least once each minute as [hazardous waste
chromium feedrate (lb/hr)/hazardous waste thermal feedrate (MMBtu/hr)].
(2) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. You must establish a 12-hour rolling average limit for
the total feedrate (lb/hr) of chromium in all feedstreams as the average
of the test run averages.
(vi) LVM limits for pumpable wastes. You must establish separate
feedrate limits for low volatile metals in pumpable feedstreams using
the procedures prescribed above for total low volatile metals. Dual
feedrate limits for both pumpable and total feedstreams are not
required, however, if you base the total feedrate limit solely on the
feedrate of pumpable feedstreams.
(vii) Extrapolation of feedrate levels. In lieu of establishing
feedrate limits as specified in paragraphs (n)(2)(ii)
[[Page 69]]
through (vi) of this section, you may request as part of the performance
test plan under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207(e) and
(f) to use the semivolatile metal and low volatile metal feedrates and
associated emission rates during the comprehensive performance test to
extrapolate to higher allowable feedrate limits and emission rates. The
extrapolation methodology will be reviewed and approved, as warranted,
by the Administrator. The review will consider in particular whether:
(A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
(B) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
(3) Control device operating parameter limits (OPLs). You must
establish operating parameter limits on the particulate matter control
device as specified by paragraph (m)(1) of this section;
(4) Maximum total chlorine and chloride feedrate. You must establish
a 12-hour rolling average limit for the feedrate of total chlorine and
chloride in all feedstreams as the average of the test run averages.
(5) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis.
(o) Hydrogen chloride and chlorine gas. You must comply with the
hydrogen chloride and chlorine gas emission standard by establishing and
complying with the following operating parameter limits. You must base
the limits on operations during the comprehensive performance test,
unless the limits are based on manufacturer specifications.
(1) Feedrate of total chlorine and chloride--(i) Incinerators,
cement kilns, lightweight aggregate kilns, solid fuel boilers, and
hydrochloric acid production furnaces. You must establish a 12-hour
rolling average limit for the total feedrate of chlorine (organic and
inorganic) in all feedstreams as the average of the test run averages.
(ii) Liquid fuel boilers--(A) Boilers that feed hazardous waste with
a heating value not less than 10,000 Btu/lb. (1) The feedrate limit is a
hazardous waste thermal concentration limit expressed as pounds of
chlorine (organic and inorganic) in all hazardous waste feedstreams per
million Btu of hazardous waste fed to the boiler.
(2) You must establish a 12-hour rolling average feedrate limit as
the average of the test run averages.
(3) You must comply with the feedrate limit by determining the mass
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute
and by knowing the chlorine content (organic and inorganic, lb of
chlorine/lb of hazardous waste) and heating value (Btu/lb) of hazardous
waste feedstreams at all times to calculate a 1-minute average feedrate
measurement as [hazardous waste chlorine content (lb of chlorine/lb of
hazardous waste feed)/hazardous waste heating value (Btu/lb of hazardous
waste)]. You must update the rolling average feedrate each hour with
this 60-minute average feedrate measurement.
(B) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. You must establish a 12-hour rolling average limit for
the total feedrate of chlorine (organic and inorganic) in all
feedstreams as the average of the test run averages. You must update the
rolling average feedrate each hour with a 60-minute average feedrate
measurement.
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate
[[Page 70]]
for gas residence time, as the average of the maximum hourly rolling
averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Wet scrubber. If your combustor is equipped with a wet scrubber:
(i) If your source is equipped with a high energy wet scrubber such
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must
establish a limit on minimum pressure drop across the wet scrubber on an
hourly rolling average as the average of the test run averages;
(ii) If your source is equipped with a low energy wet scrubber such
as a spray tower, packed bed, or tray tower, you must establish a
minimum pressure drop across the wet scrubber based on manufacturer's
specifications. You must comply with the limit on an hourly rolling
average;
(iii) If your source is equipped with a low energy wet scrubber, you
must establish a limit on minimum liquid feed pressure to the wet
scrubber based on manufacturer's specifications. You must comply with
the limit on an hourly rolling average;
(iv) You must establish a limit on minimum pH on an hourly rolling
average as the average of the test run averages;
(v) You must establish limits on either the minimum liquid to gas
ratio or the minimum scrubber water flowrate and maximum flue gas
flowrate on an hourly rolling average as the average of the test run
averages. If you establish limits on maximum flue gas flowrate under
this paragraph, you need not establish a limit on maximum flue gas
flowrate under paragraph (o)(2) of this section; and
(4) Dry scrubber. If your combustor is equipped with a dry scrubber,
you must establish the following operating parameter limits:
(i) Minimum sorbent feedrate. You must establish a limit on minimum
sorbent feedrate on an hourly rolling average as the average of the test
run averages.
(ii) Minimum carrier fluid flowrate or nozzle pressure drop. You
must establish a limit on minimum carrier fluid (gas or liquid) flowrate
or nozzle pressure drop based on manufacturer's specifications.
(iii) Sorbent specifications. (A) You must specify and use the brand
(i.e., manufacturer) and type of sorbent used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
sorbent used in the performance test.
(B) You may substitute at any time a different brand or type of
sorbent provided that the replacement has equivalent or improved
properties compared to the sorbent used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(o)(4)(iii)(A) of this section. You must record in the operating record
documentation that the substitute sorbent will provide the same level of
control as the original sorbent.
(p) Maximum combustion chamber pressure. If you comply with the
requirements for combustion system leaks under Sec. 63.1206(c)(5) by
maintaining the maximum combustion chamber zone pressure lower than
ambient pressure to prevent combustion systems leaks from hazardous
waste combustion, you must perform instantaneous monitoring of pressure
and the automatic waste feed cutoff system must be engaged when negative
pressure is not adequately maintained.
(q) Operating under different modes of operation. If you operate
under different modes of operation, you must establish operating
parameter limits for each mode. You must document in the operating
record when you change a mode of operation and begin complying with the
operating limits for an alternative mode of operation.
(1) Operating under otherwise applicable standards after the
hazardous waste residence time has transpired. As provided by Sec.
63.1206(b)(1)(ii), you may operate under otherwise applicable
requirements promulgated under sections 112 and 129 of the Clean Air Act
in lieu of the substantive requirements of this subpart.
(i) The otherwise applicable requirements promulgated under sections
112
[[Page 71]]
and 129 of the Clean Air Act are applicable requirements under this
subpart.
(ii) You must specify (e.g., by reference) the otherwise applicable
requirements as a mode of operation in your Documentation of Compliance
under Sec. 63.1211(c), your Notification of Compliance under Sec.
63.1207(j), and your title V permit application. These requirements
include the otherwise applicable requirements governing emission
standards, monitoring and compliance, and notification, reporting, and
recordkeeping.
(2) Calculating rolling averages under different modes of operation.
When you transition to a different mode of operation, you must calculate
rolling averages as follows:
(i) Retrieval approach. Calculate rolling averages anew using the
continuous monitoring system values previously recorded for that mode of
operation (i.e., you ignore continuous monitoring system values
subsequently recorded under other modes of operation when you transition
back to a mode of operation); or
(ii) Start anew. Calculate rolling averages anew without considering
previous recordings.
(A) Rolling averages must be calculated as the average of the
available one-minute values for the parameter until enough one-minute
values are available to calculate hourly or 12-hour rolling averages,
whichever is applicable to the parameter.
(B) You may not transition to a new mode of operation using this
approach if the most recent operation in that mode resulted in an
exceedance of an applicable emission standard measured with a CEMS or
operating parameter limit prior to the hazardous waste residence time
expiring; or
(iii) Seamless transition. Continue calculating rolling averages
using data from the previous operating mode provided that both the
operating limit and the averaging period for the parameter are the same
for both modes of operation.
(r) Averaging periods. The averaging periods specified in this
section for operating parameters are not-to-exceed averaging periods.
You may elect to use shorter averaging periods. For example, you may
elect to use a 1-hour rolling average rather than the 12-hour rolling
average specified in paragraph (l)(1)(i) of this section for mercury.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42300, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July
3, 2001; 67 FR 6815, Feb. 13, 2002; 67 FR 6991, Feb. 14, 2002; 67 FR
77691, Dec. 19, 2002; 70 FR 59548, Oct. 12, 2005; 73 FR 18981, Apr. 8,
2008]
Notification, Reporting and Recordkeeping
Sec. 63.1210 What are the notification requirements?
(a) Summary of requirements. (1) You must submit the following
notifications to the Administrator:
------------------------------------------------------------------------
Reference Notification
------------------------------------------------------------------------
63.9(b).............................. Initial notifications that you
are subject to Subpart EEE of
this Part.
63.9(d).............................. Notification that you are subject
to special compliance
requirements.
63.9(j).............................. Notification and documentation of
any change in information
already provided under Sec.
63.9.
63.1206(b)(5)(i)..................... Notification of changes in
design, operation, or
maintenance.
63.1206(c)(8)(iv).................... Notification of excessive bag
leak detection system
exceedances.
63.1206(c)(9)(v)..................... Notification of excessive
particulate matter detection
system exceedances.
63.1207(e), 63.9(e) 63.9(g)(1) and Notification of performance test
(3). and continuous monitoring system
evaluation, including the
performance test plan and CMS
performance evaluation plan.\1\
63.1210(b)........................... Notification of intent to comply.
63.1210(d), 63.1207(j), 63.1207(k), Notification of compliance,
63.1207(l), 63.9(h), 63.10(d)(2), including results of performance
63.10(e)(2). tests and continuous monitoring
system performance evaluations.
------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a
feedstream analysis plan under Sec. 63.1209(c)(3).
(2) You must submit the following notifications to the Administrator
if you request or elect to comply with alternative requirements:
[[Page 72]]
------------------------------------------------------------------------
Notification, request, petition,
Reference or application
------------------------------------------------------------------------
63.9(i).............................. You may request an adjustment to
time periods or postmark
deadlines for submittal and
review of required information.
63.10(e)(3)(ii)...................... You may request to reduce the
frequency of excess emissions
and CMS performance reports.
63.10(f)............................. You may request to waive
recordkeeping or reporting
requirements.
63.1204(d)(2)(iii), Notification that you elect to
63.1220(d)(2)(iii). comply with the emission
averaging requirements for
cement kilns with in-line raw
mills.
63.1204(e)(2)(iii), Notification that you elect to
63.1220(e)(2)(iii). comply with the emission
averaging requirements for
preheater or preheater/
precalciner kilns with dual
stacks.
63.1206(b)(4), 63.1213, 63.6(i), You may request an extension of
63.9(c). the compliance date for up to
one year.
63.1206(b)(5)(i)(C).................. You may request to burn hazardous
waste for more than 720 hours
and for purposes other than
testing or pretesting after
making a change in the design or
operation that could affect
compliance with emission
standards and prior to
submitting a revised
Notification of Compliance.
63.1206(b)(8)(iii)(B)................ If you elect to conduct
particulate matter CEMS
correlation testing and wish to
have federal particulate matter
and opacity standards and
associated operating limits
waived during the testing, you
must notify the Administrator by
submitting the correlation test
plan for review and approval.
63.1206(b)(8)(v)..................... You may request approval to have
the particulate matter and
opacity standards and associated
operating limits and conditions
waived for more than 96 hours
for a correlation test.
63.1206(b)(9)........................ Owners and operators of
lightweight aggregate kilns may
request approval of alternative
emission standards for mercury,
semivolatile metal, low volatile
metal, and hydrogen chloride/
chlorine gas under certain
conditions.
63.1206(b)(10)....................... Owners and operators of cement
kilns may request approval of
alternative emission standards
for mercury, semivolatile metal,
low volatile metal, and hydrogen
chloride/chlorine gas under
certain conditions.
63.1206(b)(14)....................... Owners and operators of
incinerators may elect to comply
with an alternative to the
particulate matter standard.
63.1206(b)(15)....................... Owners and operators of cement
and lightweight aggregate kilns
may request to comply with the
alternative to the interim
standards for mercury.
63.1206(c)(2)(ii)(C)................. You may request to make changes
to the startup, shutdown, and
malfunction plan.
63.1206(c)(5)(i)(C).................. You may request an alternative
means of control to provide
control of combustion system
leaks.
63.1206(c)(5)(i)(D).................. You may request other techniques
to prevent fugitive emissions
without use of instantaneous
pressure limits.
63.1207(c)(2)........................ You may request to base initial
compliance on data in lieu of a
comprehensive performance test.
63.1207(d)(3)........................ You may request more than 60 days
to complete a performance test
if additional time is needed for
reasons beyond your control.
63.1207(e)(3), 63.7(h)............... You may request a time extension
if the Administrator fails to
approve or deny your test plan.
63.1207(h)(2)........................ You may request to waive current
operating parameter limits
during pretesting for more than
720 hours.
63.1207(f)(1)(ii)(D)................. You may request a reduced
hazardous waste feedstream
analysis for organic hazardous
air pollutants if the reduced
analysis continues to be
representative of organic
hazardous air pollutants in your
hazardous waste feedstreams.
63.1207(g)(2)(v)..................... You may request to operate under
a wider operating range for a
parameter during confirmatory
performance testing.
63.1207(i)........................... You may request up to a one-year
time extension for conducting a
performance test (other than the
initial comprehensive
performance test) to consolidate
testing with other state or
federally-required testing.
63.1207(j)(4)........................ You may request more than 90 days
to submit a Notification of
Compliance after completing a
performance test if additional
time is needed for reasons
beyond your control.
63.1207(l)(3)........................ After failure of a performance
test, you may request to burn
hazardous waste for more than
720 hours and for purposes other
than testing or pretesting.
63.1209(a)(5), 63.8(f)............... You may request: (1) Approval of
alternative monitoring methods
for compliance with standards
that are monitored with a CEMS;
and (2) approval to use a CEMS
in lieu of operating parameter
limits.
63.1209(g)(1)........................ You may request approval of: (1)
Alternatives to operating
parameter monitoring
requirements, except for
standards that you must monitor
with a continuous emission
monitoring system (CEMS) and
except for requests to use a
CEMS in lieu of operating
parameter limits; or (2) a
waiver of an operating parameter
limit.
63.1209(l)(1)........................ You may request to extrapolate
mercury feedrate limits.
63.1209(n)(2)........................ You may request to extrapolate
semivolatile and low volatile
metal feedrate limits.
63.1211(d)........................... You may request to use data
compression techniques to record
data on a less frequent basis
than required by Sec. 63.1209.
------------------------------------------------------------------------
(b) Notification of intent to comply (NIC). These procedures apply
to sources that have not previously complied with the requirements of
paragraphs (b) and (c) of this section, and to sources that previously
complied with the NIC requirements of Sec. Sec. 63.1210 and 63.1212(a),
which were in effect prior to October 11, 2000, that must make a
technology change requiring a Class 1 permit modification to meet the
standards of Sec. Sec. 63.1219, 63.1220, and 63.1221.
[[Page 73]]
(1) You must prepare a Notification of Intent to Comply that
includes all of the following information:
(i) General information:
(A) The name and address of the owner/operator and the source;
(B) Whether the source is a major or an area source;
(C) Waste minimization and emission control technique(s) being
considered;
(D) Emission monitoring technique(s) you are considering;
(E) Waste minimization and emission control technique(s)
effectiveness;
(F) A description of the evaluation criteria used or to be used to
select waste minimization and/or emission control technique(s); and
(G) A general description of how you intend to comply with the
emission standards of this subpart.
(ii) As applicable to each source, information on key activities and
estimated dates for these activities that will bring the source into
compliance with emission control requirements of this subpart. You must
include all of the following key activities and dates in your NIC:
(A) The dates by which you anticipate you will develop engineering
designs for emission control systems or process changes for emissions;
(B) The date by which you anticipate you will commit internal or
external resources for installing emission control systems or making
process changes for emission control, or the date by which you will
issue orders for the purchase of component parts to accomplish emission
control or process changes.
(C) The date by which you anticipate you will submit construction
applications;
(D) The date by which you anticipate you will initiate on-site
construction, installation of emission control equipment, or process
change;
(E) The date by which you anticipate you will complete on-site
construction, installation of emission control equipment, or process
change; and
(F) The date by which you anticipate you will achieve final
compliance. The individual dates and milestones listed in paragraphs
(b)(1)(ii)(A) through (F) of this section as part of the NIC are not
requirements and therefore are not enforceable deadlines; the
requirements of paragraphs (b)(1)(ii)(A) through (F) of this section
must be included as part of the NIC only to inform the public of how you
intend to comply with the emission standards of this subpart.
(iii) A summary of the public meeting required under paragraph (c)
of this section;
(iv) If you intend to cease burning hazardous waste prior to or on
the compliance date, the requirements of paragraphs (b)(1)(ii) and
(b)(1)(iii) of this section do not apply. You must include in your NIC a
schedule of key dates for the steps to be taken to stop hazardous waste
activity at your combustion unit. Key dates include the date for
submittal of RCRA closure documents required under subpart G, part 264
or subpart G, part 265 of this chapter.
(2) You must make a draft of the NIC available for public review no
later than 30 days prior to the public meeting required under paragraph
(c)(1) of this section or no later than 9 months after the effective
date of the rule if you intend to cease burning hazardous waste prior to
or on the compliance date.
(3) You must submit the final NIC to the Administrator:
(i) Existing units. No later than one year following the effective
date of the emission standards of this subpart; or
(ii) New units. No later than 60 days following the informal public
meeting.
(c) NIC public meeting and notice. (1) Prior to the submission of
the NIC to the permitting agency and:
(i) Existing units. No later than 10 months after the effective date
of the emission standards of this subpart, you must hold at least one
informal meeting with the public to discuss the anticipated activities
described in the draft NIC for achieving compliance with the emission
standards of this subpart. You must post a sign-in sheet or otherwise
provide a voluntary opportunity for attendees to provide their names and
addresses.
(ii) New units. No earlier than thirty (30) days following notice of
the informal public meeting, you must hold at least one informal meeting
with the
[[Page 74]]
public to discuss the anticipated activities described in the draft NIC
for achieving compliance with the emission standards of this subpart.
You must post a sign-in sheet or otherwise provide a voluntary
opportunity for attendees to provide their names and addresses.
(2) You must submit a summary of the meeting, along with the list of
attendees and their addresses developed under paragraph (b)(1) of this
section, and copies of any written comments or materials submitted at
the meeting, to the Administrator as part of the final NIC, in
accordance with paragraph (b)(1)(iii) of this section;
(3) You must provide public notice of the NIC meeting at least 30
days prior to the meeting and you must maintain, and provide to the
Administrator upon request, documentation of the notice. You must
provide public notice in all of the following forms:
(i) Newspaper advertisement. You must publish a notice in a
newspaper of general circulation in the county or equivalent
jurisdiction of your facility. In addition, you must publish the notice
in newspapers of general circulation in adjacent counties or equivalent
jurisdiction where such publication would be necessary to inform the
affected public. You must publish the notice as a display advertisement.
(ii) Visible and accessible sign. You must post a notice on a
clearly marked sign at or near the source. If you place the sign on the
site of the hazardous waste combustor, the sign must be large enough to
be readable from the nearest spot where the public would pass by the
site.
(iii) Broadcast media announcement. You must broadcast a notice at
least once on at least one local radio station or television station.
(iv) Notice to the facility mailing list. You must provide a copy of
the notice to the facility mailing list in accordance with Sec.
124.10(c)(1)(ix) of this chapter.
(4) You must include all of the following in the notices required
under paragraph (c)(3) of this section:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the source and proposed operations,
including the address or a map (e.g., a sketched or copied street map)
of the source location;
(iv) A statement encouraging people to contact the source at least
72 hours before the meeting if they need special access to participate
in the meeting;
(v) A statement describing how the draft NIC (and final NIC, if
requested) can be obtained; and
(vi) The name, address, and telephone number of a contact person for
the NIC.
(5) The requirements of this paragraph do not apply to sources that
intend to cease burning hazardous waste prior to or on the compliance
date.
(d) Notification of compliance. (1) The Notification of Compliance
status requirements of Sec. 63.9(h) apply, except that:
(i) The notification is a Notification of Compliance, rather than
compliance status;
(ii) The notification is required for the initial comprehensive
performance test and each subsequent comprehensive and confirmatory
performance test; and
(iii) You must postmark the notification before the close of
business on the 90th day following completion of relevant compliance
demonstration activity specified in this subpart rather than the 60th
day as required by Sec. 63.9(h)(2)(ii).
(2) Upon postmark of the Notification of Compliance, the operating
parameter limits identified in the Notification of Compliance, as
applicable, shall be complied with, the limits identified in the
Documentation of Compliance or a previous Notification of Compliance are
no longer applicable.
(3) The Notification of Compliance requirements of Sec. 63.1207(j)
also apply.
[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63211, Nov. 19, 1999;
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 67 FR 6992, Feb.
14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR 18982, Apr. 8, 2008; 73 FR
64097, Oct. 28, 2008]
Sec. 63.1211 What are the recordkeeping and reporting requirements?
[[Page 75]]
(a) Summary of reporting requirements. You must submit the following
reports to the Administrator:
------------------------------------------------------------------------
Reference Report
------------------------------------------------------------------------
63.10(d)(4)............................ Compliance progress reports, if
required as a condition of an
extension of the compliance
date granted under Sec.
63.6(i).
63.10(d)(5)(i)......................... Periodic startup, shutdown, and
malfunction reports.
63.10(d)(5)(ii)........................ Immediate startup, shutdown,
and malfunction reports.
63.10(e)(3)............................ Excessive emissions and
continuous monitoring system
performance report and summary
report.
63.1206(c)(2)(ii)(B)................... Startup, shutdown, and
malfunction plan.
63.1206(c)(3)(vi)...................... Excessive exceedances reports.
63.1206(c)(4)(iv)...................... Emergency safety vent opening
reports.
------------------------------------------------------------------------
(b) Summary of recordkeeping requirements. You must retain the
following in the operating record:
------------------------------------------------------------------------
Reference Document, Data, or Information
------------------------------------------------------------------------
63.1200, 63.10(b) and (c)............ General. Information required to
document and maintain compliance
with the regulations of Subpart
EEE, including data recorded by
continuous monitoring systems
(CMS), and copies of all
notifications, reports, plans,
and other documents submitted to
the Administrator.
63.1204(d)(1)(ii), 63.1220(d)(1)(ii). Documentation of mode of
operation changes for cement
kilns with in-line raw mills.
63.1204(d)(2)(ii), 63.1220(d)(2)(ii). Documentation of compliance with
the emission averaging
requirements for cement kilns
with in-line raw mills.
63.1204(e)(2)(ii), 63.1220(e)(2)(ii). Documentation of compliance with
the emission averaging
requirements for preheater or
preheater/precalciner kilns with
dual stacks.
63.1206(b)(1)(ii).................... If you elect to comply with all
applicable requirements and
standards promulgated under
authority of the Clean Air Act,
including Sections 112 and 129,
in lieu of the requirements of
Subpart EEE when not burning
hazardous waste, you must
document in the operating record
that you are in compliance with
those requirements.
63.1206(b)(5)(ii).................... Documentation that a change will
not adversely affect compliance
with the emission standards or
operating requirements.
63.1206(b)(11)....................... Calculation of hazardous waste
residence time.
63.1206(c)(2)........................ Startup, shutdown, and
malfunction plan.
63.1206(c)(2)(v)(A).................. Documentation of your
investigation and evaluation of
excessive exceedances during
malfunctions.
63.1206(c)(3)(v)..................... Corrective measures for any
automatic waste feed cutoff that
results in an exceedance of an
emission standard or operating
parameter limit.
63.1206(c)(3)(vii)................... Documentation and results of the
automatic waste feed cutoff
operability testing.
63.1206(c)(4)(ii).................... Emergency safety vent operating
plan.
63.1206(c)(4)(iii)................... Corrective measures for any
emergency safety vent opening.
63.1206(c)(5)(ii).................... Method used for control of
combustion system leaks.
63.1206(c)(6)........................ Operator training and
certification program.
63.1206(c)(7)(i)(D).................. Operation and maintenance plan.
63.1209(c)(2)........................ Feedstream analysis plan.
63.1209(k)(6)(iii), Documentation that a substitute
63.1209(k)(7)(ii), activated carbon, dioxin/furan
63.1209(k)(9)(ii), formation reaction inhibitor, or
63.1209(o)(4)(iii). dry scrubber sorbent will
provide the same level of
control as the original
material.
63.1209(k)(7)(i)(C).................. Results of carbon bed performance
monitoring.
63.1209(q)........................... Documentation of changes in modes
of operation.
63.1211(c)........................... Documentation of compliance.
------------------------------------------------------------------------
(c) Documentation of compliance. (1) By the compliance date, you
must develop and include in the operating record a Documentation of
Compliance. You are not subject to this requirement, however, if you
submit a Notification of Compliance under Sec. 63.1207(j) prior to the
compliance date. Upon inclusion of the Documentation of Compliance in
the operating record, hazardous waste burning incinerators, cement
kilns, and lightweight aggregate kilns regulated under the interim
standards of Sec. Sec. 63.1203, 63.1204, and 63.1205 are no longer
subject to compliance with the previously applicable Notification of
Compliance.
(2) The Documentation of Compliance must identify the applicable
emission standards under this subpart and the limits on the operating
parameters under Sec. 63.1209 that will ensure compliance with those
emission standards.
(3) You must include a signed and dated certification in the
Documentation of Compliance that:
[[Page 76]]
(i) Required CEMs and CMS are installed, calibrated, and
continuously operating in compliance with the requirements of this
subpart; and
(ii) Based on an engineering evaluation prepared under your
direction or supervision in accordance with a system designed to ensure
that qualified personnel properly gathered and evaluated the information
and supporting documentation, and considering at a minimum the design,
operation, and maintenance characteristics of the combustor and
emissions control equipment, the types, quantities, and characteristics
of feedstreams, and available emissions data:
(A) You are in compliance with the emission standards of this
subpart; and
(B) The limits on the operating parameters under Sec. 63.1209
ensure compliance with the emission standards of this subpart.
(4) You must comply with the emission standards and operating
parameter limits specified in the Documentation of Compliance.
(d) Data compression. You may submit a written request to the
Administrator for approval to use data compression techniques to record
data from CMS, including CEMS, on a frequency less than that required by
Sec. 63.1209. You must submit the request for review and approval as
part of the comprehensive performance test plan.
(1) You must record a data value at least once each ten minutes.
(2) For each CEMS or operating parameter for which you request to
use data compression techniques, you must recommend:
(i) A fluctuation limit that defines the maximum permissible
deviation of a new data value from a previously generated value without
requiring you to revert to recording each one-minute value.
(A) If you exceed a fluctuation limit, you must record each one-
minute value for a period of time not less than ten minutes.
(B) If neither the fluctuation limit nor the data compression limit
are exceeded during that period of time, you may reinitiate recording
data values on a frequency of at least once each ten minutes; and
(ii) A data compression limit defined as the closest level to an
operating parameter limit or emission standard at which reduced data
recording is allowed.
(A) Within this level and the operating parameter limit or emission
standard, you must record each one-minute average.
(B) The data compression limit should reflect a level at which you
are unlikely to exceed the specific operating parameter limit or
emission standard, considering its averaging period, with the addition
of a new one-minute average.
[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63212, Nov. 19, 1999;
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July
3, 2001; 67 FR 6993, Feb. 14, 2002; 70 FR 59554, Oct. 12, 2005]
Other
Sec. 63.1212 What are the other requirements pertaining to the NIC?
(a) Certification of intent to comply. The Notice of Intent to
Comply (NIC) must contain the following certification signed and dated
by a responsible official as defined under Sec. 63.2 of this chapter: I
certify under penalty of law that I have personally examined and am
familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
(b) New units. Any source that files a RCRA permit application or
permit modification request for construction of a hazardous waste
combustion unit after October 12, 2005 must:
(1) Prepare a draft NIC pursuant to Sec. 63.1210(b) and make it
available to the public upon issuance of the notice of public meeting
pursuant to Sec. 63.1210(c)(3);
(2) Prepare a draft comprehensive performance test plan pursuant to
the requirements of Sec. 63.1207 and make it available for public
review upon
[[Page 77]]
issuance of the notice of NIC public meeting;
(3) Provide notice to the public of a pre-application meeting
pursuant to Sec. 124.31 of this chapter or notice to the public of a
permit modification request pursuant to Sec. 270.42 of this chapter;
(4) Hold an informal public meeting [pursuant to Sec. 63.1210(c)(1)
and (c)(2)] no earlier than 30 days following notice of the NIC public
meeting and notice of the pre-application meeting or notice of the
permit modification request to discuss anticipated activities described
in the draft NIC and pre-application or permit modification request for
achieving compliance with the emission standards of this subpart; and
(5) Submit a final NIC pursuant to Sec. 63.1210(b)(3).
(c) Information Repository specific to new combustion units. (1) Any
source that files a RCRA permit application or modification request for
construction of a new hazardous waste combustion unit after October 12,
2005 may be required to establish an information repository if deemed
appropriate.
(2) The Administrator may assess the need, on a case-by-case basis
for an information repository. When assessing the need for a repository,
the Administrator shall consider the level of public interest, the
presence of an existing repository, and any information available via
the New Source Review and Title V permit processes. If the Administrator
determines a need for a repository, then the Administrator shall notify
the facility that it must establish and maintain an information
repository.
(3) The information repository shall contain all documents, reports,
data, and information deemed necessary by the Administrator. The
Administrator shall have the discretion to limit the contents of the
repository.
(4) The information repository shall be located and maintained at a
site chosen by the source. If the Administrator finds the site
unsuitable for the purposes and persons for which it was established,
due to problems with location, hours of availability, access, or other
relevant considerations, then the Administrator shall specify a more
appropriate site.
(5) The Administrator shall require the source to provide a written
notice about the information repository to all individuals on the source
mailing list.
(6) The source shall be responsible for maintaining and updating the
repository with appropriate information throughout a period specified by
the Administrator. The Administrator may close the repository at his or
her discretion based on the considerations in paragraph (c)(2) of this
section.
[70 FR 59555, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008]
Sec. 63.1213 How can the compliance date be extended to install
pollution prevention or waste minimization controls?
(a) Applicability. You may request from the Administrator or State
with an approved Title V program an extension of the compliance date of
up to one year. An extension may be granted if you can reasonably
document that the installation of pollution prevention or waste
minimization measures will significantly reduce the amount and/or
toxicity of hazardous wastes entering the feedstream(s) of the hazardous
waste combustor(s), and that you could not install the necessary control
measures and comply with the emission standards and operating
requirements of this subpart by the compliance date.
(b) Requirements for requesting an extension. (1) You must make your
requests for an (up to) one-year extension in writing in accordance with
Sec. 63.6(i)(4)(B) and (C). The request must contain the following
information:
(i) A description of pollution prevention or waste minimization
controls that, when installed, will significantly reduce the amount and/
or toxicity of hazardous wastes entering the feedstream(s) of the
hazardous waste combustor(s). Pollution prevention or waste minimization
measures may include: equipment or technology modifications,
reformulation or redesign of products, substitution of raw materials,
improvements in work practices, maintenance, training, inventory
control, or recycling practices conducted as defined in Sec. 261.1(c)
of this chapter;
[[Page 78]]
(ii) A description of other pollution controls to be installed that
are necessary to comply with the emission standards and operating
requirements;
(iii) A reduction goal or estimate of the annual reductions in
quantity and/or toxicity of hazardous waste(s) entering combustion
feedstream(s) that you will achieve by installing the proposed pollution
prevention or waste minimization measures;
(iv) A comparison of reductions in the amounts and/or toxicity of
hazardous wastes combusted after installation of pollution prevention or
waste minimization measures to the amounts and/or toxicity of hazardous
wastes combusted prior to the installation of these measures. If the
difference is less than a fifteen percent reduction, include a
comparison to pollution prevention and waste minimization reductions
recorded during the previous five years;
(v) Reasonable documentation that installation of the pollution
prevention or waste minimization changes will not result in a net
increase (except for documented increases in production) of hazardous
constituents released to the environment through other emissions, wastes
or effluents;
(vi) Reasonable documentation that the design and installation of
waste minimization and other measures that are necessary for compliance
with the emission standards and operating requirements of this subpart
cannot otherwise be installed within the three year compliance period,
and
(vii) The information required in Sec. 63.6(i)(6)(i)(B) through
(D).
(2) You may enclose documentation prepared under an existing State-
required pollution prevention program that contains the information
prescribed in paragraph (b) of this section with a request for extension
in lieu of complying with the time extension requirements of that
paragraph.
(c) Approval of request for extension of compliance date. Based on
the information provided in any request made under paragraph (a) of this
section, the Administrator or State with an approved title V program may
grant an extension of the compliance date of this subpart. The extension
will be in writing in accordance with Sec. Sec. 63.6(i)(10)(i) through
63.6(i)(10)(v)(A).
[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 6994, Feb. 14, 2002; 67
FR 77691, Dec. 19, 2002]
Sec. 63.1214 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 requirements in Sec. Sec. 63.1200,
63.1203, 63.1204, 63.1205, 63.1206(a), 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221.
(2) Approval of major alternatives to test methods under Sec. Sec.
63.7(e)(2)(ii) and (f), 63.1208(b), and 63.1209(a)(1), as defined under
Sec. 63.90, and as required in this subpart.
(3) Approval of major alternatives to monitoring under Sec. Sec.
63.8(f) and 63.1209(a)(5), as defined under Sec. 63.90, and as required
in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. Sec. 63.10(f) and 63.1211(a) through (c), as defined under
Sec. 63.90, and as required in this subpart.
[68 FR 37356, June 23, 2003, as amended at 70 FR 59555, Oct. 12, 2005]
[[Page 79]]
Sec. 63.1215 What are the health-based compliance alternatives for
total chlorine?
(a) General--(1) Overview. You may establish and comply with health-
based compliance alternatives for total chlorine under the procedures
prescribed in this section for your hazardous waste combustors other
than hydrochloric acid production furnaces. You may comply with these
health-based compliance alternatives in lieu of the emission standards
for total chlorine provided under Sec. Sec. 63.1216, 63.1217, 63.1219,
63.1220, and 63.1221. To identify and comply with the limits, you must:
(i) Identify a total chlorine emission concentration (ppmv)
expressed as chloride (Cl(-)) equivalent for each on site hazardous
waste combustor. You may select total chlorine emission concentrations
as you choose to demonstrate eligibility for the risk-based limits under
this section, except as provided by paragraph (b)(7) of this section;
(ii) Apportion the total chlorine emission concentration between HCl
and Cl2 according to paragraph (b)(6)(i) of this section, and
calculate HCl and Cl2 emission rates (lb/hr) using the gas
flowrate and other parameters from the most recent regulatory compliance
test.
(iii) Calculate the annual average HCl-equivalent emission rate as
prescribed in paragraph (b)(2) of this section.
(iv) Perform an eligibility demonstration to determine if your HCl-
equivalent emission rate meets the national exposure standard and thus
is below the annual average HCl-equivalent emission rate limit, as
prescribed by paragraph (c) of this section;
(v) Submit your eligibility demonstration for review and approval,
as prescribed by paragraph (e) of this section, which must include
information to ensure that the 1-hour average HCl-equivalent emission
rate limit is not exceeded, as prescribed by paragraph (d) of this
section;
(vi) Demonstrate compliance with the annual average HCl-equivalent
emission rate limit during the comprehensive performance test, as
prescribed by the testing and monitoring requirements under paragraph
(e) of this section;
(vii) Comply with compliance monitoring requirements, including
establishing feedrate limits on total chlorine and chloride, and
operating parameter limits on emission control equipment, as prescribed
by paragraph (f) of this section; and
(viii) Comply with the requirements for changes, as prescribed by
paragraph (h) of this section.
(2) Definitions. In addition to the definitions under Sec. 63.1201,
the following definitions apply to this section:
1-Hour Average HCl-Equivalent Emission Rate means the HCl-equivalent
emission rate (lb/hr) determined by equating the toxicity of chlorine to
HCl using aRELs as the health risk metric for acute exposure.
1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using aRELs as the health risk metric for acute exposure
and which ensures that maximum 1-hour average ambient concentrations of
HCl-equivalents do not exceed a Hazard Index of 1.0, rounded to the
nearest tenths decimal place (0.1), at an off-site receptor location.
Acute Reference Exposure Level (aREL) means health thresholds below
which there would be no adverse health effects for greater than once in
a lifetime exposures of one hour. ARELs are developed by the California
Office of Health Hazard Assessment and are available at http://
www.oehha.ca.gov/air/acute_rels/acuterel.html.
Annual Average HCl-Equivalent Emission Rate means the HCl-equivalent
emission rate (lb/hr) determined by equating the toxicity of chlorine to
HCl using RfCs as the health risk metric for long-term exposure.
Annual Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using RfCs as the health risk metric for long-term
exposure and which ensures that maximum annual average ambient
concentrations of HCl equivalents do not exceed a Hazard Index of
[[Page 80]]
1.0, rounded to the nearest tenths decimal place (0.1), at an off-site
receptor location.
Hazard Index (HI) means the sum of more than one Hazard Quotient for
multiple substances and/or multiple exposure pathways. In this section,
the Hazard Index is the sum of the Hazard Quotients for HCl and
chlorine.
Hazard Quotient (HQ) means the ratio of the predicted media
concentration of a pollutant to the media concentration at which no
adverse effects are expected. For chronic inhalation exposures, the HQ
is calculated under this section as the air concentration divided by the
RfC. For acute inhalation exposures, the HQ is calculated under this
section as the air concentration divided by the aREL.
Look-up table analysis means a risk screening analysis based on
comparing the HCl-equivalent emission rate from the affected source to
the appropriate HCl-equivalent emission rate limit specified in Tables 1
through 4 of this section.
Reference Concentration (RfC) means an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure to the human population (including sensitive subgroups) that is
likely to be without an appreciable risk of deleterious effects during a
lifetime. It can be derived from various types of human or animal data,
with uncertainty factors generally applied to reflect limitations of the
data used.
(b) HCl-equivalent emission rates. (1) You must express total
chlorine emission rates for each hazardous waste combustor as HCl-
equivalent emission rates.
(2) Annual average rates. You must calculate annual average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERLTtw = ERHCl + ERCl2 x
(RfCHCl/RfCCl2)
Where:
ERLTtw is the annual average HCl toxicity-weighted emission
rate (HCl-equivalent emission rate) considering long-term
exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine
(3) 1-hour average rates. You must calculate 1-hour average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERSTtw = ERHCl + ERCl2 x
(aRELHCl/aRELCl2)
Where:
ERSTtw is the 1-hour average HCl-toxicity-weighted emission
rate (HCl-equivalent emission rate) considering 1-hour (short-
term) exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the aREL for HCl
aRELCl2 is the aREL for chlorine
(4) You must use the RfC values for hydrogen chloride and chlorine
found at http://epa.gov/ttn/atw/toxsource/ summary.html.
(5) You must use the aREL values for hydrogen chloride and chlorine
found at http://www.oehha.ca.gov/air/ acute_rels/acuterel.html.
(6) Cl2HCl ratios--(i) Ratio for calculating annual
average HCl-equivalent emission rates. (A) To calculate the annual
average HCl-equivalent emission rate (lb/hr) for each combustor, you
must apportion the total chlorine emission concentration (ppmv chloride
(Cl(-)) equivalent) between HCl and chlorine according to the
historical average Cl2/HCl volumetric ratio for all
regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/hr)
using the apportioned emission concentrations and the gas flowrate and
other parameters from the most recent regulatory compliance test.
(C) You must calculate the annual average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(2) of this section.
(ii) Ratio for calculating 1-hour average HCl-equivalent emission
rates. (A) To calculate the 1-hour average HCl-equivalent emission rate
for each combustor as a criterion for you to determine under paragraph
(d) of this section if an hourly rolling average feedrate limit on total
chlorine and chloride may be waived, you must apportion the total
chlorine emission concentration
[[Page 81]]
(ppmv chloride (Cl(-)) equivalent) between HCl and chlorine
according to the historical highest Cl2/HCl volumetric ratio
for all regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/hr)
using the apportioned emission concentrations and the gas flowrate and
other parameters from the most recent regulatory compliance test.
(C) You must calculate the 1-hour average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(3) of this section.
(iii) Ratios for new sources. (A) You must use engineering
information to estimate the Cl2/HCl volumetric ratio for a
new source for the initial eligibility demonstration.
(B) You must use the Cl2/HCl volumetric ratio
demonstrated during the initial comprehensive performance test to
demonstrate in the Notification of Compliance that your HCl-equivalent
emission rate does not exceed your HCl-equivalent emission rate limit.
(C) When approving the test plan for the initial comprehensive
performance test, the permitting authority will establish a periodic
testing requirement, such as every 3 months for 1 year, to establish a
record of representative Cl2/HCl volumetric ratios.
(1) You must revise your HCl-equivalent emission rates and HCl-
equivalent emission rate limits after each such test using the
procedures prescribed in paragraphs (b)(6)(i) and (ii) of this section.
(2) If you no longer are eligible for the health-based compliance
alternative, you must notify the permitting authority immediately and
either:
(i) Submit a revised eligibility demonstration requesting lower HCl-
equivalent emission rate limits, establishing lower HCl-equivalent
emission rates, and establishing by downward extrapolation lower
feedrate limits for total chlorine and chloride; or
(ii) Request a compliance schedule of up to three years to
demonstrate compliance with the emission standards under Sec. Sec.
63.1216, 63.1217, 63.1219, 63.1220, and 63.1221.
(iv) Unrepresentative or inadequate historical Cl2/HCl
volumetric ratios. (A) If you believe that the Cl2/HCl
volumetric ratio for one or more historical regulatory compliance tests
is not representative of the current ratio, you may request that the
permitting authority allow you to screen those ratios from the analysis
of historical ratios.
(B) If the permitting authority believes that too few historical
ratios are available to calculate a representative average ratio or
establish a maximum ratio, the permitting authority may require you to
conduct periodic testing to establish representative ratios.
(v) Updating Cl2/HCl ratios. You must include the
Cl2/HCl volumetric ratio demonstrated during each performance
test in your data base of historical Cl2/HCl ratios to update the ratios
you establish under paragraphs (b)(6)(i) and (ii) of this section for
subsequent calculations of the annual average and 1-hour average HCl-
equivalent emission rates.
(7) Emission rates are capped. The hydrogen chloride and chlorine
emission rates you use to calculate the HCl-equivalent emission rate
limit for incinerators, cement kilns, and lightweight aggregate kilns
must not result in total chlorine emission concentrations exceeding:
(i) For incinerators that were existing sources on April 19, 1996:
77 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(ii) For incinerators that are new or reconstructed sources after
April 19, 1996: 21 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(iii) For cement kilns that were existing sources on April 19, 1996:
130 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(iv) For cement kilns that are new or reconstructed sources after
April 19, 1996: 86 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(v) For lightweight aggregate kilns that were existing sources on
April 19,
[[Page 82]]
1996: 600 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(vi) For lightweight aggregate kilns that are new or reconstructed
sources after April 19, 1996: 600 parts per million by volume, combined
emissions, expressed as chloride (Cl(-)) equivalent, dry
basis and corrected to 7 percent oxygen.
(c) Eligibility demonstration--(1) General. (i) You must perform an
eligibility demonstration to determine whether the total chlorine
emission rates you select for each on-site hazardous waste combustor
meet the national exposure standards using either a look-up table
analysis prescribed by paragraph (c)(3) of this section, or a site-
specific compliance demonstration prescribed by paragraph (c)(4) of this
section.
(ii) You must also determine in your eligibility demonstration
whether each combustor may exceed the 1-hour HCl-equivalent emission
rate limit absent an hourly rolling average limit on the feedrate of
total chlorine and chloride, as provided by paragraph (d) of this
section.
(2) Definition of eligibility. (i) Eligibility for the risk-based
total chlorine standard is determined by comparing the annual average
HCl-equivalent emission rate for the total chlorine emission rate you
select for each combustor to the annual average HCl-equivalent emission
rate limit.
(ii) The annual average HCl-equivalent emission rate limit ensures
that the Hazard Index for chronic exposure from HCl and chlorine
emissions from all on-site hazardous waste combustors is less than or
equal to 1.0, rounded to the nearest tenths decimal place (0.1), for the
actual individual most exposed to the facility's emissions, considering
off-site locations where people reside and where people congregate for
work, school, or recreation.
(iii) Your facility is eligible for the health-based compliance
alternative for total chlorine if either:
(A) The annual average HCl-equivalent emission rate for each on-site
hazardous waste combustor is below the appropriate value in the look-up
table determined under paragraph (c)(3) of this section; or
(B) The annual average HCl-equivalent emission rate for each on-site
hazardous waste combustor is below the annual average HCl-equivalent
emission rate limit you calculate based on a site-specific compliance
demonstration under paragraph (c)(4) of this section.
(3) Look-up table analysis. Look-up tables for the eligibility
demonstration are provided as Tables 1 and 2 to this section.
(i) Table 1 presents annual average HCl-equivalent emission rate
limits for sources located in flat terrain. For purposes of this
analysis, flat terrain is terrain that rises to a level not exceeding
one half the stack height within a distance of 50 stack heights.
(ii) Table 2 presents annual average HCl-equivalent emission rate
limits for sources located in simple elevated terrain. For purposes of
this analysis, simple elevated terrain is terrain that rises to a level
exceeding one half the stack height, but that does not exceed the stack
height, within a distance of 50 stack heights.
(iii) To determine the annual average HCl-equivalent emission rate
limit for a source from the look-up table, you must use the stack height
and stack diameter for your hazardous waste combustors and the distance
between the stack and the property boundary.
(iv) If any of these values for stack height, stack diameter, and
distance to nearest property boundary do not match the exact values in
the look-up table, you must use the next lowest table value.
(v) Adjusted HCl-equivalent emission rate limit for multiple on-site
combustors. (A) If you have more than one hazardous waste combustor on
site, the sum across all hazardous waste combustors of the ratio of the
adjusted HCl-equivalent emission rate limit to the HCl-equivalent
emission rate limit provided by Tables 1 or 2 cannot exceed 1.0,
according to the following equation:
[[Page 83]]
[GRAPHIC] [TIFF OMITTED] TR12OC05.003
Where:
i = number of on-site hazardous waste combustors;
HCl-Equivalent Emission Rate Limit Adjustedi means the
apportioned, allowable HCl-equivalent emission rate limit for
combustor i, and
HCl-Equivalent Emission Rate Limit Tablei means the HCl-
equivalent emission rate limit from Table 1 or 2 to Sec.
63.1215 for combustor i.
(B) The adjusted HCl-equivalent emission rate limit becomes the HCl-
equivalent emission rate limit.
(4) Site-specific compliance demonstration. (i) You may use any
scientifically-accepted peer-reviewed risk assessment methodology for
your site-specific compliance demonstration to calculate an annual
average HCl-equivalent emission rate limit for each on-site hazardous
waste combustor. An example of one approach for performing the
demonstration for air toxics can be found in the EPA's ``Air Toxics Risk
Assessment Reference Library, Volume 2, Site-Specific Risk Assessment
Technical Resource Document,'' which may be obtained through the EPA's
Air Toxics Web site at http://www.epa.gov/ttn/fera/risk_atra_main.html.
(ii) The annual average HCl-equivalent emission rate limit is the
HCl-equivalent emission rate that ensures that the Hazard Index
associated with maximum annual average exposures is not greater than 1.0
rounded to the nearest tenths decimal place (0.1).
(iii) To determine the annual average HCl-equivalent emission rate
limit, your site-specific compliance demonstration must, at a minimum:
(A) Estimate long-term inhalation exposures through the estimation
of annual or multi-year average ambient concentrations;
(B) Estimate the inhalation exposure for the actual individual most
exposed to the facility's emissions from hazardous waste combustors,
considering off-site locations where people reside and where people
congregate for work, school, or recreation;
(C) Use site-specific, quality-assured data wherever possible;
(D) Use health-protective default assumptions wherever site-specific
data are not available, and:
(E) Contain adequate documentation of the data and methods used for
the assessment so that it is transparent and can be reproduced by an
experienced risk assessor and emissions measurement expert.
(iv) Your site-specific compliance demonstration need not:
(A) Assume any attenuation of exposure concentrations due to the
penetration of outdoor pollutants into indoor exposure areas;
(B) Assume any reaction or deposition of the emitted pollutants
during transport from the emission point to the point of exposure.
(d) Assurance that the 1-hour HCl-equivalent emission rate limit
will not be exceeded. To ensure that the 1-hour HCl-equivalent emission
rate limit will not be exceeded when complying with the annual average
HCl-equivalent emission rate limit, you must establish a 1-hour average
HCl-equivalent emission rate for each combustor, establish a 1-hour
average HCl-equivalent emission rate limit for each combustor, and
consider site-specific factors including prescribed criteria to
determine if the 1-hour average HCl-equivalent emission rate limit may
be exceeded absent an hourly rolling average limit on the feedrate of
total chlorine and chloride. If the 1-hour average HCl-equivalent
emission rate limit may be exceeded, you must establish an hourly
rolling average feedrate limit on total chlorine as provided by
paragraph (f)(3) of this section.
(1) 1-hour average HCl-equivalent emission rate. You must calculate
the 1-hour average HCl-equivalent emission rate from the total chlorine
emission concentration you select for each source as prescribed in
paragraph (b)(6)(ii)(C) of this section.
(2) 1-hour average HCl-equivalent emission rate limit. You must
establish the
[[Page 84]]
1-hour average HCl-equivalent emission rate limit for each affected
source using either a look-up table analysis or site-specific analysis:
(i) Look-up table analysis. Look-up tables are provided for 1-hour
average HCl-equivalent emission rate limits as Table 3 and Table 4 to
this section. Table 3 provides limits for facilities located in flat
terrain. Table 4 provides limits for facilities located in simple
elevated terrain. You must use the Tables to establish 1-hour average
HCl-equivalent emission rate limits as prescribed in paragraphs
(c)(3)(iii) through (c)(3)(v) of this section for annual average HCl-
equivalent emission rate limits.
(ii) Site-specific analysis. The 1-hour average HCl-equivalent
emission rate limit is the HCl-equivalent emission rate that ensures
that the Hazard Index associated with maximum 1-hour average exposures
is not greater than 1.0 rounded to the nearest tenths decimal place
(0.1). You must follow the risk assessment procedures under paragraph
(c)(4) of this section to estimate short-term inhalation exposures
through the estimation of maximum 1-hour average ambient concentrations.
(3) Criteria for determining whether the 1-hour HCl-equivalent
emission rate may be exceeded absent an hourly rolling average limit on
the feedrate of total chlorine and chloride. An hourly rolling average
feedrate limit on total chlorine and chloride is waived if you determine
considering the criteria listed below that the long-term feedrate limit
(and averaging period) established under paragraph (c)(4)(i) of this
section will also ensure that the 1-hour average HCl-equivalent emission
rate will not exceed the 1-hour average HCl-equivalent emission rate
limit you calculate for each combustor.
(i) The ratio of the 1-hour average HCl-equivalent emission rate
based on the total chlorine emission rate you select for each hazardous
waste combustor to the 1-hour average HCl-equivalent emission rate limit
for the combustor; and
(ii) The potential for the source to vary total chlorine and
chloride feedrates substantially over the averaging period for the
feedrate limit established under paragraph (c)(4)(i) of this section.
(e) Review and approval of eligibility demonstrations--(1) Content
of the eligibility demonstration--(i) General. The eligibility
demonstration must include the following information, at a minimum:
(A) Identification of each hazardous waste combustor combustion gas
emission point (e.g., generally, the flue gas stack);
(B) The maximum and average capacity at which each combustor will
operate, and the maximum rated capacity for each combustor, using the
metric of stack gas volume (under both actual and standard conditions)
emitted per unit of time, as well as any other metric that is
appropriate for the combustor (e.g., million Btu/hr heat input for
boilers; tons of dry raw material feed/hour for cement kilns);
(C) Stack parameters for each combustor, including, but not limited
to stack height, stack diameter, stack gas temperature, and stack gas
exit velocity;
(D) Plot plan showing all stack emission points, nearby residences
and property boundary line;
(E) Identification of any stack gas control devices used to reduce
emissions from each combustor;
(F) Identification of the RfC values used to calculate annual
average HCl-equivalent emission rates and the aREL values used to
calculate 1-hour average HCl-equivalent emission rates;
(G) Calculations used to determine the annual average and 1-hour
average HCl-equivalent emission rates and rate limits, including
calculation of the Cl2/HCl ratios as prescribed by paragraph
(b)(6) of this section;
(ii) Additional content to implement the annual average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the annual average HCl-equivalent
emission rate limit:
(A) For incinerators, cement kilns, and lightweight aggregate kilns,
calculations to confirm that the annual average HCl-equivalent emission
rate that you calculate from the total chlorine emission rate you select
for each combustor does not exceed the limits
[[Page 85]]
provided by paragraph (b)(7) of this section;
(B) Comparison of the annual average HCl-equivalent emission rate
limit for each combustor to the annual average HCl-equivalent emission
rate for the total chlorine emission rate you select for each combustor;
(C) The annual average HCl-equivalent emission rate limit for each
hazardous waste combustor, and the limits on operating parameters
required under paragraph (g)(1) of this section;
(D) Determination of the long-term chlorine feedrate limit,
including the total chlorine system removal efficiency for sources that
establish an (up to) annual rolling average feedrate limit under
paragraph (g)(2)(ii) of this section;
(iii) Additional content to implement the 1-hour average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the 1-hour average HCl-equivalent
emission rate limit:
(A) Determination of whether the combustor may exceed the 1-hour
HCl-equivalent emission rate limit absent an hourly rolling average
chlorine feedrate limit, including:
(1) Determination of the 1-hour average HCl-equivalent emission rate
from the total chlorine emission rate you select for the combustor;
(2) Determination of the 1-hour average HCl-equivalent emission rate
limit using either look-up Tables 3 and 4 to this section or site-
specific risk analysis;
(3) Determination of the ratio of the 1-hour average HCl-equivalent
emission rate to the 1-hour average HCl-equivalent emission rate limit
for the combustor; and
(4) The potential for the source to vary total chlorine and chloride
feedrates substantially over the averaging period for the long-term
feedrate limit established under paragraphs (g)(2)(i) and (g)(2)(ii) of
this section; and
(B) Determination of the hourly rolling average chlorine feedrate
limit, including the total chlorine system removal efficiency.
(iv) Additional content of a look-up table demonstration. If you use
the look-up table analysis to establish HCl-equivalent emission rate
limits, your eligibility demonstration must also contain, at a minimum,
the following:
(A) Documentation that the facility is located in either flat or
simple elevated terrain; and
(B) For facilities with more than one on-site hazardous waste
combustor, documentation that the sum of the ratios for all such
combustors of the HCl-equivalent emission rate to the HCl-equivalent
emission rate limit does not exceed 1.0.
(v) Additional content of a site-specific compliance demonstration.
If you use a site-specific compliance demonstration, your eligibility
demonstration must also contain, at a minimum, the following information
to support your determination of the annual average HCl-equivalent
emission rate limit for each combustor:
(A) Identification of the risk assessment methodology used;
(B) Documentation of the fate and transport model used;
(C) Documentation of the fate and transport model inputs, including
the stack parameters listed in paragraph (d)(1)(i)(C) of this section
converted to the dimensions required for the model;
(D) As applicable:
(1) Meteorological data;
(2) Building, land use, and terrain data;
(3) Receptor locations and population data, including areas where
people congregate for work, school, or recreation; and
(4) Other facility-specific parameters input into the model;
(E) Documentation of the fate and transport model outputs; and
(F) Documentation of any exposure assessment and risk
characterization calculations.
(2) Review and approval--(i) Existing sources. (A) If you operate an
existing source, you must submit the eligibility demonstration to your
permitting authority for review and approval not later than 12 months
prior to the compliance date. You must also submit a separate copy of
the eligibility demonstration to: U.S. EPA, Risk and Exposure Assessment
Group, Emission Standards Division (C404-01), Attn: Group Leader,
Research Triangle Park,
[[Page 86]]
North Carolina 27711, electronic mail address [email protected].
(B) Your permitting authority should notify you of approval or
intent to disapprove your eligibility demonstration within 6 months
after receipt of the original demonstration, and within 3 months after
receipt of any supplemental information that you submit. A notice of
intent to disapprove your eligibility demonstration, whether before or
after the compliance date, will identify incomplete or inaccurate
information or noncompliance with prescribed procedures and specify how
much time you will have to submit additional information or to achieve
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217,
63.1219, 63.1220, and 63.1221. If your eligibility demonstration is
disapproved, the permitting authority may extend the compliance date of
the total chlorine standards up to one year to allow you to make changes
to the design or operation of the combustor or related systems as
quickly as practicable to enable you to achieve compliance with the MACT
total chlorine standards.
(C) If your permitting authority has not approved your eligibility
demonstration by the compliance date, and has not issued a notice of
intent to disapprove your demonstration, you may begin complying, on the
compliance date, with the HCl-equivalent emission rate limits you
present in your eligibility demonstration provided that you have made a
good faith effort to provide complete and accurate information and to
respond to any requests for additional information in a timely manner.
If the permitting authority believes that you have not made a good faith
effort to provide complete and accurate information or to respond to any
requests for additional information, however, the authority may notify
you in writing by the compliance date that you have not met the
conditions for complying with the health-based compliance alternative
without prior approval. Such notice will explain the basis for
concluding that you have not made a good faith effort to comply with the
health-based compliance alternative by the compliance date.
(D) If your permitting authority issues a notice of intent to
disapprove your eligibility demonstration after the compliance date, the
authority will identify the basis for that notice and specify how much
time you will have to submit additional information or to comply with
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217,
63.1219, 63.1220, and 63.1221. The permitting authority may extend the
compliance date of the total chlorine standards up to one-year to allow
you to make changes to the design or operation of the combustor or
related systems as quickly as practicable to enable you to achieve
compliance with the MACT standards for total chlorine.
(ii) New or reconstructed sources--(A) General. The procedures for
review and approval of eligibility demonstrations applicable to existing
sources under paragraph (e)(2)(i) of this section also apply to new or
reconstructed sources, except that the date you must submit the
eligibility demonstration is as prescribed in this paragraph (e)(2)(ii).
(B) If you operate a new or reconstructed source that starts up
before April 12, 2007, or a solid fuel boiler or liquid fuel boiler that
is an area source that increases its emissions or its potential to emit
such that it becomes a major source of HAP before April 12, 2007, you
must either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221, by October
12, 2005, or upon startup, whichever is later, except for a standard
that is more stringent than the standard proposed on April 20, 2004 for
your source. If a final standard is more stringent than the proposed
standard, you may comply with the proposed standard until October 14,
2008, after which you must comply with the final standard; or
(2) Submit an eligibility demonstration for review and approval
under this section by April 12, 2006, and comply with the HCl-equivalent
emission rate limits and operating requirements you establish in the
eligibility demonstration.
(C) If you operate a new or reconstructed source that starts up on
or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler
that is an area
[[Page 87]]
source that increases its emissions or its potential to emit such that
it becomes a major source of HAP on or after April 12, 2007, you must
either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221 upon startup.
If the final standard is more stringent than the standard proposed for
your source on April 20, 2004, however, and if you start operations
before October 14, 2008, you may comply with the proposed standard until
October 14, 2008, after which you must comply with the final standard;
or
(2) Submit an eligibility demonstration for review and approval
under this section 12 months prior to startup.
(3) The operating requirements in the eligibility demonstration are
applicable requirements for purposes of parts 70 and 71 of this chapter
and will be incorporated in the title V permit.
(f) Testing requirements--(1) General. You must comply with the
requirements for comprehensive performance testing under Sec. 63.1207.
(2) System removal efficiency. (i) You must calculate the total
chlorine removal efficiency of the combustor during each run of the
comprehensive performance test.
(ii) You must calculate the average system removal efficiency as the
average of the test run averages.
(iii) If your source does not control emissions of total chlorine,
you must assume zero system removal efficiency.
(3) Annual average HCl-equivalent emission rate limit. If emissions
during the comprehensive performance test exceed the annual average HCl-
equivalent emission rate limit, eligibility for emission limits under
this section is not affected. This emission rate limit is an annual
average limit even though compliance is based on a 12-hour or (up to) an
annual rolling average feedrate limit on total chlorine and chloride
because the feedrate limit is also used for compliance assurance for the
semivolatile metal emission standard
(4) 1-hour average HCl-equivalent emission rate limit. Total
chlorine emissions during each run of the comprehensive performance test
cannot exceed the 1-hour average HCl-equivalent emission rate limit.
(5) Test methods. (i) If you operate a cement kiln or a combustor
equipped with a dry acid gas scrubber, you must use EPA Method 320/321
or ASTM D 6735-01, or an equivalent method, to measure hydrogen
chloride, and the back-half (caustic impingers) of Method 26/26A, or an
equivalent method, to measure chlorine gas.
(ii) Bromine and sulfur considerations. If you operate an
incinerator, boiler, or lightweight aggregate kiln and your feedstreams
contain bromine or sulfur during the comprehensive performance test at
levels specified under paragraph (e)(2)(ii)(B) of this section, you must
use EPA Method 320/321 or ASTM D 6735-01, or an equivalent method, to
measure hydrogen chloride, and Method 26/26A, or an equivalent method,
to measure chlorine and hydrogen chloride, and determine your chlorine
emissions as follows:
(A) You must determine your chlorine emissions to be the higher of
the value measured by Method 26/26A as provided in appendix A-8, part 60
of this chapter, or an equivalent method, or the value calculated by the
difference between the combined hydrogen chloride and chlorine levels
measured by Method 26/26A as provided in appendix A-8, part 60 of this
chapter, or an equivalent method, and the hydrogen chloride measurement
from EPA Method 320/321 as provided in appendix A, part 63 of this
chapter, or ASTM D 6735-01 as described under Sec. 63.1208(b)(5)(i)(C),
or an equivalent method.
(B) The procedures under paragraph (f)(2)(ii) of this section for
determining hydrogen chloride and chlorine emissions apply if you feed
bromine or sulfur during the performance test at the levels specified in
this paragraph (f)(5)(ii)(B):
(1) If the bromine/chlorine ratio in feedstreams is greater than 5
percent by mass; or
(2) If the sulfur/chlorine ratio in feedstreams is greater than 50
percent by mass.
(g) Monitoring requirements--(1) General. You must establish and
comply with limits on the same operating parameters that apply to
sources complying with the MACT standard for total chlorine under Sec.
63.1209(o), except
[[Page 88]]
that feedrate limits on total chlorine and chloride must be established
according to paragraphs (g)(2) and (g)(3) of this section:
(2) Feedrate limit to ensure compliance with the annual average HCl-
equivalent emission rate limit. (i) For sources subject to the feedrate
limit for total chlorine and chloride under Sec. 63.1209(n)(4) to
ensure compliance with the semivolatile metals standard:
(A) The feedrate limit (and averaging period) for total chlorine and
chloride to ensure compliance with the annual average HCl-equivalent
emission rate limit is the same as required by Sec. 63.1209(n)(4),
except as provided by paragraph (g)(2)(i)(B) of this section.
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) you establish under
Sec. 63.1209(n)(4) must not exceed the value you calculate as the
annual average HCl-equivalent emission rate limit (lb/hr) divided by [1
- system removal efficiency], where the system removal efficiency is
calculated as prescribed by paragraph (f)(2) of this section.
(ii) For sources exempt from the feedrate limit for total chlorine
and chloride under Sec. 63.1209(n)(4) because they comply with Sec.
63.1207(m)(2), the feedrate limit for total chlorine and chloride to
ensure compliance with the annual average HCl-equivalent emission rate
must be established as follows:
(A) You must establish an average period for the feedrate limit that
does not exceed an annual rolling average;
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) must not exceed the
value you calculate as the annual average HCl-equivalent emission rate
limit (lb/hr) divided by [1 - system removal efficiency], where the
system removal efficiency is calculated as prescribed by paragraph
(f)(2) of this section.
(C) You must calculate the initial rolling average as though you had
selected a 12-hour rolling average, as provided by paragraph (b)(5)(i)
of this section. You must calculate rolling averages thereafter as the
average of the available one-minute values until enough one-minute
values are available to calculate the rolling average period you select.
At that time and thereafter, you update the rolling average feedrate
each hour with a 60-minute average feedrate.
(3) Feedrate limit to ensure compliance with the 1-hour average HCl-
equivalent emission rate limit. (i) You must establish an hourly rolling
average feedrate limit on total chlorine and chloride to ensure
compliance with the 1-hour average HCl-equivalent emission rate limit
unless you determine that the hourly rolling average feedrate limit is
waived under paragraph (d) of this section.
(ii) You must calculate the hourly rolling average feedrate limit
for total chlorine and chloride as the 1-hour average HCl-equivalent
emission rate limit (lb/hr) divided by [1 - system removal efficiency],
where the system removal efficiency is calculated as prescribed by
paragraph (f)(2)(ii) of this section.
(h) Changes--(1) Changes over which you have control--(i) Changes
that would affect the HCl-equivalent emission rate limit. (A) If you
plan to change the design, operation, or maintenance of the facility in
a manner than would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, you must submit to the permitting
authority prior to the change a revised eligibility demonstration
documenting the lower emission rate limits and calculations of reduced
total chlorine and chloride feedrate limits.
(B) If you plan to change the design, operation, or maintenance of
the facility in a manner than would increase the annual average or 1-
hour average HCl-equivalent emission rate limit, and you elect to
increase your total chlorine and chloride feedrate limits. You must also
submit to the permitting authority prior to the change a revised
eligibility demonstration documenting the increased emission rate limits
and calculations of the increased feedrate limits prior to the change.
(ii) Changes that could affect system removal efficiency. (A) If you
plan to change the design, operation, or maintenance of the combustor in
a manner than could decrease the system removal efficiency, you are
subject to the requirements of Sec. 63.1206(b)(5) for
[[Page 89]]
conducting a performance test to reestablish the combustor's system
removal efficiency and you must submit a revised eligibility
demonstration documenting the lower system removal efficiency and the
reduced feedrate limits on total chlorine and chloride.
(B) If you plan to change the design, operation, or maintenance of
the combustor in a manner than could increase the system removal
efficiency, and you elect to document the increased system removal
efficiency to establish higher feedrate limits on total chlorine and
chloride, you are subject to the requirements of Sec. 63.1206(b)(5) for
conducting a performance test to reestablish the combustor's system
removal efficiency. You must also submit to the permitting authority a
revised eligibility demonstration documenting the higher system removal
efficiency and the increased feedrate limits on total chlorine and
chloride.
(2) Changes over which you do not have control that may decrease the
HCl-equivalent emission rate limits. These requirements apply if you use
a site-specific risk assessment under paragraph (c)(4) of this section
to demonstrate eligibility for the health-based limits.
(i) Proactive review. You must submit for review and approval with
each comprehensive performance test plan either a certification that the
information used in your eligibility demonstration has not changed in a
manner that would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, or a revised eligibility demonstration.
(ii) Reactive review. If in the interim between your comprehensive
performance tests you have reason to know of changes that would decrease
the annual average or 1-hour average HCl-equivalent emission rate limit,
you must submit a revised eligibility demonstration as soon as
practicable but not more frequently than annually.
(iii) Compliance schedule. If you determine that you cannot
demonstrate compliance with a lower annual average HCl-equivalent
emission rate limit during the comprehensive performance test because
you need additional time to complete changes to the design or operation
of the source, you may request that the permitting authority grant you
additional time to make those changes as quickly as practicable.
[[Page 90]]
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[70 FR 59565, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008; 73
FR 64097, Oct. 28, 2008]
Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid
Fuel Boilers, and Hydrochloric Acid Production Furnaces
Sec. 63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent
oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [micro]gm/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 380
[micro]gm/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
[[Page 94]]
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 440 parts per
million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 68 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent
oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [micro]gm/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 190
[micro]gm/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 73 parts per
million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 34 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
[[Page 95]]
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
solid fuel boilers. (i) You must not discharge or cause combustion gases
to be emitted into the atmosphere that contain cadmium, lead, and
selenium in excess of 180 [micro]gm/dscm, combined emissions, corrected
to 7 percent oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 380 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new solid
fuel boilers. (i) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 180 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 190 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate matter
under this section if they elect under Sec. 266.100(b)(3) of this
chapter to comply with those standards in lieu of the standards under 40
CFR 266.105, 266.106, and 266.107 to control those pollutants.
[70 FR 59565, Oct. 12, 2005]
[[Page 96]]
Sec. 63.1217 What are the standards for liquid fuel boilers that
burn hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air
pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (a)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this emission limit;
(2) For mercury, except as provided for in paragraph (a)(2)(iii) of
this section:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 19 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
10,000 Btu/lb or greater, emissions in excess of 4.2 x 10-5
lbs mercury attributable to the hazardous waste per million Btu heat
input from the hazardous waste on an (not-to-exceed) annual averaging
period;
(iii) The boiler operated by Diversified Scientific Services, Inc.
with EPA identification number TND982109142, and which burns radioactive
waste mixed with hazardous waste, must comply with the mercury emission
standard under Sec. 63.1219(a)(2);
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2,
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 150 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 8.2 x 10-5
lbs combined cadmium and lead emissions attributable to the hazardous
waste per million Btu heat input from the hazardous waste on an (not-to-
exceed) annual averaging period;
(4) For chromium, except for an area source as defined under Sec.
63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 370 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.3 x 10-4
lbs chromium emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source as
defined under Sec. 63.2:
[[Page 97]]
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 5.1 x 10-2
lbs combined emissions of hydrogen chloride and chlorine gas
attributable to the hazardous waste per million Btu heat input from the
hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 80 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air
pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (b)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this emission limit;
(2) For mercury:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 6.8 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.2 x 10-6
lbs mercury emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste on an (not-to-exceed) annual
averaging period;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 78 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 x
10-6 lbs combined cadmium and lead emissions attributable to
the hazardous waste per million Btu heat input from the hazardous waste
on an (not-to-exceed) annual averaging period;
(4) For chromium, except for an area source as defined under Sec.
63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 12 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.4 x 10-5
lbs chromium emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions
[[Page 98]]
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 5.1 x -2 lbs
combined emissions of hydrogen chloride and chlorine gas attributable to
the hazardous waste per million Btu heat input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 20 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
liquid fuel boilers. (i) When you burn hazardous waste with a heating
value less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 150 [micro]gm/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel, combined, in excess of 370 [micro]gm/
dscm, corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value of 10,000
Btu/lb or greater:
[[Page 99]]
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 8.2 x 10-5 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain either in excess of 1.3 x
10-4 lbs combined emissions of antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(3) Alternative metal emission control requirements for new liquid
fuel boilers. (i) When you burn hazardous waste with a heating value
less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 78 [micro]gm/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel, combined, in excess of 12 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value greater than
or equal to 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 6.2 x 10-6 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain either in excess of 1.4 x
10-5 lbs combined emissions of antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for chromium, the standards for hydrogen chloride and
chlorine, and the standards for particulate matter under this section if
they elect under Sec. 266.100(b)(3) of this chapter to comply with
those standards in lieu of the standards under 40 CFR 266.105, 266.106,
and 266.107 to control those pollutants.
[70 FR 59567, Oct. 12, 2005, as amended at 73 FR 18983, Apr. 8, 2008]
Sec. 63.1218 What are the standards for hydrochloric acid production
furnaces that burn hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (a)(6) of this section;
(3) For lead and cadmium, except for an area source as defined under
Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess of
the levels provided by paragraph (a)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (a)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect
[[Page 100]]
to comply with this carbon monoxide standard rather than the hydrocarbon
standard under paragraph (a)(5)(ii) of this section, you must also
document that, during the destruction and removal efficiency (DRE) test
runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons do not exceed 10 parts per million by volume during those
runs, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 150 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.923 percent for total chlorine and chloride fed to the combustor. You
must calculate SRE from the following equation:
SRE = [1 - (Cl out / Cl in)] x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to
the atmosphere.
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess
of the levels provided by paragraph (a)(6) of this section.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (b)(6) of this section;
(3) For lead and cadmium, except for an area source as defined under
Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess of
the levels provided by paragraph (b)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (b)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 25 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.987 percent for
[[Page 101]]
total chlorine and chloride fed to the combustor. You must calculate SRE
from the following equation:
SRE = [1 - (Cl out / Cl in)] x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to
the atmosphere.
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess
of the levels provided by paragraph (b)(6) of this section.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (W out / W in)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust emissions
prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate matter
under this section if they elect under Sec. 266.100(b)(3) of this
chapter to comply with those standards in lieu of the standards under 40
CFR 266.105, 266.106, and 266.107 to control those pollutants.
[70 FR 59569, Oct. 12, 2005]
Replacement Emissions Standards and Operating Limits for Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
Sec. 63.1219 What are the replacement standards for hazardous waste
incinerators?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) For incinerators equipped with either a waste heat boiler or dry
air pollution control system, either:
(A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent
oxygen; or
(B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent
oxygen, provided that the combustion gas
[[Page 102]]
temperature at the inlet to the initial particulate matter control
device is 400 [deg]F or lower based on the average of the test run
average temperatures. (For purposes of compliance, operation of a wet
particulate matter control device is presumed to meet the 400 [deg]F or
lower requirement);
(ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent
oxygen, for incinerators not equipped with either a waste heat boiler or
dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this standard;
(2) Mercury in excess of 130 [micro]gm/dscm, corrected to 7 percent
oxygen;
(3) Cadmium and lead in excess of 230 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 92 [micro]gm/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas (total chlorine) in excess of
32 parts per million by volume, combined emissions, expressed as a
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen; and
(7) Except as provided by paragraph (e) of this section, particulate
matter in excess of 0.013 gr/dscf corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.11 ng TEQ/dscm corrected to
7 percent oxygen for incinerators equipped with either a waste heat
boiler or dry air pollution control system; or
(ii) Dioxins and furans in excess of 0.20 ng TEQ/dscm corrected to 7
percent oxygen for sources not equipped with either a waste heat boiler
or dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this standard;
(2) Mercury in excess of 8.1 [micro]gm/dscm, corrected to 7 percent
oxygen;
(3) Cadmium and lead in excess of 10 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 23 [micro]gm/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document
[[Page 103]]
that, during the destruction and removal efficiency (DRE) test runs or
their equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Except as provided by paragraph (e) of this section, particulate
matter emissions in excess of 0.0016 gr/dscf corrected to 7 percent
oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
incinerators. (i) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 230 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 92 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new
incinerators. (i) You
[[Page 104]]
must not discharge or cause combustion gases to be emitted into the
atmosphere that contain cadmium, lead, and selenium in excess of 10
[micro]gm/dscm, combined emissions, corrected to 7 percent oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 23 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
[70 FR 59570, Oct. 12, 2005, as amended at 73 FR 64097, Oct. 28, 2008]
Sec. 63.1220 What are the replacement standards for hazardous waste
burning cement kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 3.0 parts per million by weight; and
(ii) Either:
(A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [micro]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 7.6 x 10-4 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 330 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 2.1 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 56 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane;
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
[[Page 105]]
(A) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis
and corrected to 7 percent oxygen. If you elect to comply with this
carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii)(A) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main
stack do not exceed 20 parts per million by volume during those runs,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 120 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis, corrected to 7 percent oxygen;
and
(7) For particulate matter, both:
(i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is equipped
with a bag leak detection system under Sec. 63.1206(c)(8) or a
particulate matter detection system under Sec. 63.1206(c)(9).
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 1.9 parts per million by weight; and
(ii) Either:
(A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [micro]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 6.2 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 180 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 1.5 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 54 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
(A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this
section, you also must document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to
[[Page 106]]
7 percent oxygen, and reported as propane; or
(2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
(B) Hydrocarbons in the main stack are limited, if construction of
the kiln commenced after April 19, 1996 at a plant site where a cement
kiln (whether burning hazardous waste or not) did not previously exist,
to 50 parts per million by volume, over a 30-day block average
(monitored continuously with a continuous monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane.
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
(A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(B)(1) Carbon monoxide not exceeding 100 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
(2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7); and
(3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 86 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) For particulate matter, both:
(i) Emissions in excess of 0.0069 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is equipped
with a bag leak detection system under Sec. 63.1206(c)(8) or a
particulate matter detection system under Sec. 63.1206(c)(9).
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
[[Page 107]]
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Cement kilns with in-line kiln raw mills--(1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraphs (d)(1)(iv) and (d)(1)(v) of this section.
(ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of
operation.
(iii) You must calculate rolling averages for operating parameter
limits as provided by Sec. 63.1209(q)(2).
(iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
(v) In lieu of conducting a performance test to demonstrate
compliance with the dioxin/furan emission standards for the mode of
operation when the raw mill is on-line, you may specify in the
performance test workplan and Notification of Compliance the same
operating parameter limits required under Sec. 63.1209(k) for the mode
of operation when the raw mill is on-line as you establish during
performance testing for the mode of operation when the raw mill is off-
line.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
(i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Ctotal = {Cmill-off x (Tmill-off /
(Tmill-off + Tmill-on)){time} +
{Cmill-on x (Tmill-on / (Tmill-off +
Tmill-on)){time}
Where:
Ctotal = time-weighted average concentration of a regulated
constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of
regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of
regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the
raw mill; and
Tmill-on = time when kiln gases are routed through the raw
mill.
(ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by paragraph
(d)(2) of this section.
(B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
(iii) Notification. (A) If you elect to document compliance with one
or more emission standards using this emission averaging provision, you
must notify the Administrator in the initial comprehensive performance
test plan submitted under Sec. 63.1207(e).
(B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and document
in the performance test plan that estimated emissions and estimated raw
mill down-time will not result in an exceedance of an emission standard
on an annual basis.
(C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
(e) Preheater or preheater/precalciner kilns with dual stacks--(1)
General. You must conduct performance testing on each stack to
demonstrate compliance
[[Page 108]]
with the emission standards, and you must establish operating parameter
limits under Sec. 63.1209 for each stack, except as provided by
paragraph (d)(1)(iv) of this section for dioxin/furan emissions testing
and operating parameter limits for the by-pass stack of in-line raw
mills.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
(i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time} + {Cbypass x
(Qbypass / (Qmain + Qbypass)){time}
Where:
Ctot = gas flowrate-weighted average concentration of the
regulated constituent;
Cmain = average performance test concentration demonstrated
in the main stack;
Cbypass = average performance test concentration demonstrated
in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.
(ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
(B) You must develop operating parameter limits for bypass stack and
main stack flowrates that ensure the emission concentrations calculated
with the equation in paragraph (e)(1) of this section do not exceed the
emission standards on a 12-hour rolling average basis. You must include
these flowrate limits in the Notification of Compliance.
(iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
(A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
(B) Document in the Notification of Compliance submitted under Sec.
63.1207(j) the demonstrated gas flowrate-weighted average emissions that
you calculate with the equation provided by paragraph (e)(2) of this
section.
(f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(g) [Reserved]
(h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New
Source Performance Standard for particulate matter and opacity under
Sec. 60.60 of this chapter.
[70 FR 59571, Oct. 12, 2005, as amended at 71 FR 62394, Oct. 25, 2006;
73 FR 18983, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]
Sec. 63.1221 What are the replacement standards for hazardous waste
burning lightweight aggregate kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery system
that immediately follows the last combustion chamber) to 400 [deg]F or
lower based on the average of the test run average temperatures. You
must also notify in writing the RCRA authority that you are complying
with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7
percent oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.0 x 10-4 lbs combined
emissions of cadmium
[[Page 109]]
and lead attributable to the hazardous waste per million Btu heat input
from the hazardous waste; and
(ii) Emissions in excess of 250 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) In excess of 9.5 x 10-5 lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste per
million Btu heat input from the hazardous waste;
(ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Particulate matter emissions in excess of 0.025 gr/dscf,
corrected to 7 percent oxygen.
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery system
that immediately follows the last combustion chamber) to 400 [deg]F or
lower based on the average of the test run average temperatures. You
must also notify in writing the RCRA authority that you are complying
with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7
percent oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.7 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 43 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) In excess of 3.3 x 10-5 lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste per
million Btu heat input from the hazardous waste;
(ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (b)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to
[[Page 110]]
7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Particulate matter emissions in excess of 0.0098 gr/dscf
corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each POHC that you designate under paragraph (c)(3) of this
section. You must demonstrate this DRE performance on POHCs that are
more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-
dioxins and dibenzofurans. You must use the equation in paragraph (c)(1)
of this section to calculate DRE for each POHC. In addition, you must
notify the Administrator of your intent to burn hazardous wastes F020,
F021, F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
[70 FR 59574, Oct. 12, 2005]
Sec. Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
Subpart EEE
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart EEE Explanation
----------------------------------------------------------------------------------------------------------------
63.1................................... Yes.
63.2................................... Yes.
63.3................................... Yes.
63.4................................... Yes....................................
63.5................................... Yes.
63.6(a), (b), (c), (d), and (e)........ Yes.
63.6(f)................................ Yes.................................... Except that the performance
test requirements of Sec.
63.1207 apply instead of Sec.
63.6(f)(2)(iii)(B).
63.6(g) and (h)........................ Yes.
63.6(i)................................ Yes.................................... Section 63.1213 specifies that
the compliance date may also
be extended for inability to
install necessary emission
control equipment by the
compliance date because of
implementation of pollution
prevention or waste
minimization controls.
[[Page 111]]
63.6(j)................................ Yes.
63.7(a)................................ Yes.................................... Except Sec. 63.1207(e)(3)
allows you to petition the
Administrator under Sec.
63.7(h) to provide an
extension of time to conduct
a performance test.
63.7(b)................................ Yes.................................... Except Sec. 63.1207(e)
requires you to submit the
site-specific test plan for
approval at least one year
before the comprehensive
performance test is scheduled
to begin.
63.7(c)................................ Yes.................................... Except Sec. 63.1207(e)
requires you to submit the
site-specific test plan
(including the quality
assurance provisions under
Sec. 63.7(c)) for approval
at least one year before the
comprehensive performance
test is scheduled to begin.
63.7(d)................................ Yes.
63.7(e)................................ Yes.................................... Except Sec. 63.1207
prescribes operations during
performance testing and Sec.
63.1209 specifies operating
limits that will be
established during
performance testing (such
that testing is likely to be
representative of the extreme
range of normal performance).
63.7(f)................................ Yes.
63.7(g)................................ Yes.................................... Except Sec. 63.1207(j)
requiring that you submit the
results of the performance
test (and the notification of
compliance) within 90 days of
completing the test, unless
the Administrator grants a
time extension, applies
instead of Sec. 63.7(g)(1).
63.7(h)................................ Yes.................................... Except Sec. 63.1207(c)(2)
allows data in lieu of the
initial comprehensive
performance test, and Sec.
63.1207(m) provides a waiver
of certain performance tests.
You must submit requests for
these waivers with the site-
specific test plan.
63.8(a) and (b)........................ Yes.
63.8(c)................................ Yes.................................... Except: (1) Sec. 63.1211(c)
that requires you to install,
calibrate, and operate CMS by
the compliance date applies
instead of Sec. 63.8(c)(3);
and (2) the performance
specifications for CO, HC,
and O2 CEMS in subpart B, of
this chapter requiring that
the detectors measure the
sample concentration at least
once every 15 seconds for
calculating an average
emission level once every 60
seconds apply instead of Sec.
63.8(c)(4)(ii).
63.8(d)................................ Yes.
63.8(e)................................ Yes.................................... Except Sec. 63.1207(e)
requiring you to submit the
site-specific comprehensive
performance test plan and the
CMS performance evaluation
test plan for approval at
least one year prior to the
planned test date applies
instead of Sec. Sec.
63.8(e)(2) and (3)(iii).
63.8(f) and (g)........................ Yes.
63.9(a)................................ Yes.
63.9(b)................................ Yes.................................... Note: Section 63.9(b)(1)(ii)
pertains to notification
requirements for area sources
that become a major source,
and Sec. 63.9(b)(2)(v)
requires a major source
determination. Although area
sources are subject to all
provisions of this subpart
(Subpart EEE), these sections
nonetheless apply because the
major source determination
may affect the applicability
of part 63 standards or title
V permit requirements to
other sources (i.e., other
than a hazardous waste
combustor) of hazardous air
pollutants at the facility.
63.9(c) and (d)........................ Yes.
63.9(e)................................ Yes.................................... Except Sec. 63.1207(e) which
requires you to submit the
comprehensive performance
test plan for approval one
year prior to the planned
performance test date applies
instead of Sec. 63.9(e).
63.9(f)................................ Yes.................................... Section 63.9(f) applies if you
are allowed under Sec.
63.1209(a)(1)(v) to use
visible determination of
opacity for compliance in
lieu of a COMS.
63.9(g)................................ Yes.................................... Except Sec. 63.9(g)(2)
pertaining to COMS does not
apply.
63.9(h)................................ Yes.................................... Except Sec. 63.1207(j)
requiring you to submit the
notification of compliance
within 90 days of completing
a performance test unless the
Administrator grants a time
extension applies instead of
Sec. 63.9(h)(2)(iii). Note:
Even though area sources are
subject to this subpart, the
major source determination
required by Sec.
63.9(h)(2)(i)(E) is
applicable to hazardous waste
combustors for the reasons
discussed above.
63.9(i) and (j)........................ Yes.
[[Page 112]]
63.10.................................. Yes.................................... Except reports of performance
test results required under
Sec. 63.10(d)(2) may be
submitted up to 90 days after
completion of the test.
63.11.................................. No.
63.12-63.15............................ Yes.
----------------------------------------------------------------------------------------------------------------
[67 FR 6994, Feb. 14, 2002]
Sec. Appendix to Subpart EEE of Part 63--Quality Assurance Procedures
for Continuous Emissions Monitors Used for Hazardous Waste Combustors
1. Applicability and Principle
1.1 Applicability. These quality assurance requirements are used to
evaluate the effectiveness of quality control (QC) and quality assurance
(QA) procedures and the quality of data produced by continuous emission
monitoring systems (CEMS) that are used for determining compliance with
the emission standards on a continuous basis as specified in the
applicable regulation. The QA procedures specified by these requirements
represent the minimum requirements necessary for the control and
assessment of the quality of CEMS data used to demonstrate compliance
with the emission standards provided under this subpart EEE of part 63.
Owners and operators must meet these minimum requirements and are
encouraged to develop and implement a more extensive QA program. These
requirements supersede those found in part 60, Appendix F, of this
chapter. Appendix F does not apply to hazardous waste-burning devices.
1.2 Principle. The QA procedures consist of two distinct and equally
important functions. One function is the assessment of the quality of
the CEMS data by estimating accuracy. The other function is the control
and improvement of the quality of the CEMS data by implementing QC
policies and corrective actions. These two functions form a control
loop. When the assessment function indicates that the data quality is
inadequate, the source must immediately stop burning hazardous waste.
The CEM data control effort must be increased until the data quality is
acceptable before hazardous waste burning can resume.
a. In order to provide uniformity in the assessment and reporting of
data quality, this procedure explicitly specifies the assessment methods
for response drift and accuracy. The methods are based on procedures
included in the applicable performance specifications provided in
appendix B to part 60 of this chapter. These procedures also require the
analysis of the EPA audit samples concurrent with certain reference
method (RM) analyses as specified in the applicable RM's.
b. Because the control and corrective action function encompasses a
variety of policies, specifications, standards, and corrective measures,
this procedure treats QC requirements in general terms to allow each
source owner or operator to develop a QC system that is most effective
and efficient for the circumstances.
2. Definitions
2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant concentration.
The system consists of the following major subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one or
more of the following: sample acquisition, sample transport, and sample
conditioning, or protection of the monitor from the effects of the stack
effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses the
pollutant concentration and generates a proportional output.
2.1.3 Diluent Analyzer. That portion of the CEMS that senses the
diluent gas (O2) and generates an output proportional to the gas
concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may provide
automatic data reduction and CEMS control capabilities.
2.2 Relative Accuracy (RA). The absolute mean difference between the
pollutant concentration determined by the CEMS and the value determined
by the reference method (RM) plus the 2.5 percent error confidence
coefficient of a series of test divided by the mean of the RM tests or
the applicable emission limit.
2.3 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period of
operation during which no unscheduled maintenance, repair, or adjustment
took place.
2.4 Zero Drift (ZD). The difference in CEMS output readings at the
zero pollutant level after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.5 Calibration Standard. Calibration standards produce a known and
unchanging
[[Page 113]]
response when presented to the pollutant analyzer portion of the CEMS,
and are used to calibrate the drift or response of the analyzer.
2.6 Relative Accuracy Test Audit (RATA). Comparison of CEMS
measurements to reference method measurements in order to evaluate
relative accuracy following procedures and specification given in the
appropriate performance specification.
2.7 Absolute Calibration Audit (ACA). Equivalent to calibration
error (CE) test defined in the appropriate performance specification
using NIST traceable calibration standards to challenge the CEMS and
assess accuracy.
2.8 Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals.
3. QA/QC Requirements
3.1 QC Requirements. a. Each owner or operator must develop and
implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities.
1. Checks for component failures, leaks, and other abnormal
conditions.
2. Calibration of CEMS.
3. CD determination and adjustment of CEMS.
4. Integration of CEMS with the automatic waste feed cutoff (AWFCO)
system.
5. Preventive Maintenance of CEMS (including spare parts inventory).
6. Data recording, calculations, and reporting.
7. Checks of record keeping.
8. Accuracy audit procedures, including sampling and analysis
methods.
9. Program of corrective action for malfunctioning CEMS.
10. Operator training and certification.
11. Maintaining and ensuring current certification or naming of
cylinder gasses, metal solutions, and particulate samples used for audit
and accuracy tests, daily checks, and calibrations.
b. Whenever excessive inaccuracies occur for two consecutive
quarters, the current written procedures must be revised or the CEMS
modified or replaced to correct the deficiency causing the excessive
inaccuracies. These written procedures must be kept on record and
available for inspection by the enforcement agency.
3.2 QA Requirements. Each source owner or operator must develop and
implement a QA plan that includes, at a minimum, the following.
1. QA responsibilities (including maintaining records, preparing
reports, reviewing reports).
2. Schedules for the daily checks, periodic audits, and preventive
maintenance.
3. Check lists and data sheets.
4. Preventive maintenance procedures.
5. Description of the media, format, and location of all records and
reports.
6. Provisions for a review of the CEMS data at least once a year.
Based on the results of the review, the owner or operator must revise or
update the QA plan, if necessary.
4. CD and ZD Assessment and Daily System Audit
4.1 CD and ZD Requirement. Owners and operators must check, record,
and quantify the ZD and the CD at least once daily (approximately 24
hours) in accordance with the method prescribed by the manufacturer. The
CEMS calibration must, at a minimum, be adjusted whenever the daily ZD
or CD exceeds the limits in the Performance Specifications. If, on any
given ZD and/or CD check the ZD and/or CD exceed(s) two times the limits
in the Performance Specifications, or if the cumulative adjustment to
the ZD and/or CD (see Section 4.2) exceed(s) three times the limits in
the Performance Specifications, hazardous waste burning must immediately
cease and the CEMS must be serviced and recalibrated. Hazardous waste
burning cannot resume until the owner or operator documents that the
CEMS is in compliance with the Performance Specifications by carrying
out an ACA.
4.2 Recording Requirements for Automatic ZD and CD Adjusting
Monitors. Monitors that automatically adjust the data to the corrected
calibration values must record the unadjusted concentration measurement
prior to resetting the calibration, if performed, or record the amount
of the adjustment.
4.3 Daily System Audit. The audit must include a review of the
calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of the
sample transport and interface system (e.g., flowmeters, filters, etc.)
as appropriate.
4.4 Data Recording and Reporting. All measurements from the CEMS
must be retained in the operating record for at least 5 years.
5. Performance Evaluation for CO, O2, and HC CEMS
Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC)
CEMS. An Absolute Calibration Audit (ACA) must be conducted quarterly,
and a Relative Accuracy Test Audit (RATA) (if applicable, see sections
5.1 and 5.2) must be conducted yearly. An Interference Response Tests
must be performed whenever an ACA or a RATA is conducted. When a
performance test is also required under Sec. 63.1207 to document
compliance with emission standards, the RATA must coincide
[[Page 114]]
with the performance test. The audits must be conducted as follows.
5.1 Relative Accuracy Test Audit (RATA). This requirement applies to
O2 and CO CEMS. The RATA must be conducted at least yearly.
Conduct the RATA as described in the RA test procedure (or alternate
procedures section) described in the applicable Performance
Specifications. In addition, analyze the appropriate performance audit
samples received from the EPA as described in the applicable sampling
methods.
5.2 Absolute Calibration Audit (ACA). The ACA must be conducted at
least quarterly except in a quarter when a RATA (if applicable, see
section 5.1) is conducted instead. Conduct an ACA as described in the
calibration error (CE) test procedure described in the applicable
Performance Specifications.
5.3 Interference Response Test. The interference response test must
be conducted whenever an ACA or RATA is conducted. Conduct an
interference response test as described in the applicable Performance
Specifications.
5.4 Excessive Audit Inaccuracy. If the RA from the RATA or the CE
from the ACA exceeds the criteria in the applicable Performance
Specifications, hazardous waste burning must cease immediately.
Hazardous waste burning cannot resume until the owner or operator takes
corrective measures and audit the CEMS with a RATA to document that the
CEMS is operating within the specifications.
6. Other Requirements
6.1 Performance Specifications. CEMS used by owners and operators of
HWCs must comply with the following performance specifications in
appendix B to part 60 of this chapter:
Table I: Performance Specifications for CEMS
------------------------------------------------------------------------
Performance
CEMS specification
------------------------------------------------------------------------
Carbon monoxide.......................................... 4B
Oxygen................................................... 4B
Total hydrocarbons....................................... 8A
------------------------------------------------------------------------
6.2 Downtime due to Calibration. Facilities may continue to burn
hazardous waste for a maximum of 20 minutes while calibrating the CEMS.
If all CEMS are calibrated at once, the facility must have twenty
minutes to calibrate all the CEMS. If CEMS are calibrated individually,
the facility must have twenty minutes to calibrate each CEMS. If the
CEMS are calibrated individually, other CEMS must be operational while
the individual CEMS is being calibrated.
6.3 Span of the CEMS.
6.3.1 CO CEMS. The CO CEM must have two ranges, a low range with a
span of 200 ppmv and a high range with a span of 3000 ppmv at an oxygen
correction factor of 1. A one-range CEM may be used, but it must meet
the performance specifications for the low range in the specified span
of the low range.
6.3.2 O2 CEMS. The O2 CEM must have a span of
25 percent. The span may be higher than 25 percent if the O2
concentration at the sampling point is greater than 25 percent.
6.3.3 HC CEMS. The HC CEM must have a span of 100 ppmv, expressed as
propane, at an oxygen correction factor of 1.
6.3.4 CEMS Span Values. When the Oxygen Correction Factor is Greater
than 2. When an owner or operator installs a CEMS at a location of high
ambient air dilution, i.e., where the maximum oxygen correction factor
as determined by the permitting agency is greater than 2, the owner or
operator must install a CEM with a lower span(s), proportionate to the
larger oxygen correction factor, than those specified above.
6.3.5 Use of Alternative Spans. Owner or operators may request
approval to use alternative spans and ranges to those specified.
Alternate spans must be approved in writing in advance by the
Administrator. In considering approval of alternative spans and ranges,
the Administrator will consider that measurements beyond the span will
be recorded as values at the maximum span for purposes of calculating
rolling averages.
6.3.6 Documentation of Span Values. The span value must be
documented by the CEMS manufacturer with laboratory data.
6.4.1 Moisture Correction. Method 4 of appendix A, part 60 of this
chapter, must be used to determine moisture content of the stack gasses.
6.4.2 Oxygen Correction Factor. Measured pollutant levels must be
corrected for the amount of oxygen in the stack according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.022
Where:
Pc = concentration of the pollutant or standard corrected to
7 percent oxygen, dry basis;
Pm = measured concentration of the pollutant, dry basis;
E = volume fraction of oxygen in the combustion air fed into the device,
on a dry basis (normally 21 percent or 0.21 if only air is
fed);
Y = measured fraction of oxygen on a dry basis at the sampling point.
The oxygen correction factor is:
[GRAPHIC] [TIFF OMITTED] TR30SE99.023
[[Page 115]]
6.4.3 Temperature Correction. Correction values for temperature are
obtainable from standard reference materials.
6.5 Rolling Average. A rolling average is the arithmetic average of
all one-minute averages over the averaging period.
6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages
are the arithmetic average of the four most recent 15-second
observations and must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JY00.004
Where:
c = the one minute average
ci = a fifteen-second observation from the CEM
Fifteen second observations must not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a result of a
failure in the CEMS and allowed in the source's quality assurance plan
at the time of the CEMS failure. One-minute averages must not be
rounded, smoothed, or disregarded.
6.5.2 Ten Minute Rolling Average Equation. The ten minute rolling
average must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.025
Where:
CRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.3 Hourly Rolling Average Equation for CO and THC CEMS and
Operating Parameter Limits. The rolling average, based on a specific
number integer of hours, must be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.026
Where:
cRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.4 Averaging Periods for CEMS other than CO and THC. The
averaging period for CEMS other than CO and THC CEMS must be calculated
as a rolling average of all one-hour values over the averaging period.
An hourly average is comprised of 4 measurements taken at equally spaced
time intervals, or at most every 15 minutes. Fewer than 4 measurements
might be available within an hour for reasons such as facility downtime
or CEMS calibration. If at least two measurements (30 minutes of data)
are available, an hourly average must be calculated. The n-hour rolling
average is calculated by averaging the n most recent hourly averages.
6.6 Units of the Standards for the Purposes of Recording and
Reporting Emissions. Emissions must be recorded and reported expressed
after correcting for oxygen, temperature, and moisture. Emissions must
be reported in metric, but may also be reported in the English system of
units, at 7 percent oxygen, 20 [deg]C, and on a dry basis.
6.7 Rounding and Significant Figures. Emissions must be rounded to
two significant figures using ASTM procedure E-29-90 or its successor.
Rounding must be avoided prior to rounding for the reported value.
7. Bibliography
1. 40 CFR part 60, appendix F, ``Quality Assurance Procedures:
Procedure 1. Quality Assurance Requirements for Gas continuous Emission
Monitoring Systems Used For Compliance Determination''.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42301, July 10, 2000]
Subpart FFF [Reserved]
Subpart GGG_National Emission Standards for Pharmaceuticals Production
Source: 63 FR 50326, Sept. 21, 1998, unless otherwise noted.
Sec. 63.1250 Applicability.
(a) Definition of affected source. (1) The affected source subject
to this subpart consists of the pharmaceutical manufacturing operations
as defined in Sec. 63.1251. Except as specified in paragraph (d) of
this section, the provisions of this subpart apply to pharmaceutical
manufacturing operations that meet the criteria specified in paragraphs
(a)(1) (i) through (iii) of this section:
(i) Manufacture a pharmaceutical product as defined in Sec.
63.1251;
(ii) Are located at a plant site that is a major source as defined
in section 112(a) of the Act; and
(iii) Process, use, or produce HAP.
(2) Determination of the applicability of this subpart shall be
reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(b) New source applicability. A new affected source subject to this
subpart
[[Page 116]]
and to which the requirements for new sources apply is: An affected
source for which construction or reconstruction commenced after April 2,
1997, and the standard was applicable at the time of construction or
reconstruction; or a pharmaceutical manufacturing process unit (PMPU)
dedicated to manufacturing a single product that has the potential to
emit 10 tons per year of any one HAP or 25 tons per year of combined HAP
for which construction commenced after April 2, 1997 or reconstruction
commenced after October 21, 1999.
(c) General provisions. Table 1 of this subpart specifies and
clarifies the provisions of subpart A of this part that apply to an
owner or operator of an affected source subject to this subpart. The
provisions of subpart A specified in Table 1 are the only provisions of
subpart A that apply to an affected source subject to this subpart.
(d) Processes exempted from the affected source. The provisions of
this subpart do not apply to research and development facilities.
(e) Storage tank ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (e)(1) through (5)
of this section to determine to which PMPU a storage tank shall belong.
If an owner or operator produces only pharmaceutical products, the
procedures specified in paragraphs (e)(1) through (5) of this section
are required only to determine applicability and demonstrate compliance
with the pollution-prevention alternative specified in Sec. 63.1252(e),
or to determine new source applicability for a PMPU dedicated to
manufacturing a single product as specified in paragraph (b) of this
section.
(1) If a storage tank is dedicated to a single PMPU, the storage
tank shall belong to that PMPU.
(2) If a storage tank is shared among process units (including at
least one PMPU), then the storage tank shall belong to the process unit
located on the same plant site as the storage tank that has the greatest
annual volume input into or output from the storage tank (i.e., said
PMPU or process unit has the predominant use of the storage tank).
(3) If predominant use cannot be determined for a storage tank that
is shared among process units (including at least one PMPU), then the
owner or operator shall assign the storage tank to any one of the PMPU's
that shares it and is also subject to this subpart.
(4) If the predominant use of a storage tank varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 21, 1998 for existing
affected sources. For new affected sources, predominant use will be
based on the first year after initial startup. The determination of
predominant use shall be reported in the Notification of Compliance
Status required by Sec. 63.1260(f). If the predominant use changes, the
redetermination of predominant use shall be reported in the next
Periodic report.
(5) If the storage tank begins receiving material from (or sending
material to) another PMPU, or ceases to receive material from (or send
material to) a PMPU, or if the applicability of this subpart to a
storage tank has been determined according to the provisions of
paragraphs (e)(1) through (4) of this section and there is a significant
change in the use of the storage tank that could reasonably change the
predominant use, the owner or operator shall reevaluate the
applicability of this subpart to the storage tank and report such
changes to EPA in the next Periodic report.
(f) Compliance dates. The compliance dates for affected sources are
as follows:
(1) An owner or operator of an existing affected source must comply
with the provisions of this subpart no later than October 21, 2002.
(2) An owner or operator of a new or reconstructed affected source
must comply with the provisions of this subpart on August 29, 2000 or
upon startup, whichever is later.
(3) Notwithstanding the requirements of paragraph (f)(2) of this
section, a new source which commences construction or reconstruction
after April 2, 1997 and before September 21, 1998 shall not be required
to comply with this subpart until September 21, 2001 if:
[[Page 117]]
(i) The requirements of this subpart are more stringent than the
requirements of this subpart in effect before August 29, 2000 and
contained in the 40 CFR, part (63.1200-end), edition revised as of July
1, 2000; and
(ii) The owner or operator complies with the requirements published
on April 2, 1997 (62 FR 15754) during the period until September 21,
2001.
(4) Notwithstanding the requirements of paragraph (f)(2) of this
section, a new source which commences construction or reconstruction
after September 21, 1998 and before April 10, 2000 shall not be required
to comply with this subpart until October 21, 2002 if:
(i) The requirements of this subpart are more stringent than the
requirements of this subpart in effect before August 29, 2000; and
(ii) The owner or operator complies with the requirements of this
subpart in effect before August 29, 2000 during the period between
startup and October 21, 2002.
(5) Notwithstanding the requirements of paragraph (f)(2) of this
section, a new source which commences construction or reconstruction
after April 10, 2000 and before August 29, 2000 shall not be required to
comply with this subpart until August 29, 2001 if:
(i) The requirements of this subpart are more stringent than the
requirements published on April 10, 2000 (65 FR 19152); and
(ii) The owner or operator complies with the requirements of this
subpart in effect before August 29, 2000 during the period between
startup and August 29, 2001.
(6) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing source up to 1
additional year to comply with section 112(d) standards.
(i) For purposes of this subpart, a request for an extension shall
be submitted no later than 120 days prior to the compliance dates
specified in paragraphs (f) (1) through (5) of this section, except as
provided in paragraph (f)(6)(ii) of this section. The dates specified in
Sec. 63.6(i) for submittal of requests for extensions shall not apply
to sources subject to this subpart.
(ii) An owner or operator may submit a compliance extension request
after the date specified in paragraph (f)(6)(i) of this section provided
the need for the compliance extension arose after that date and before
the otherwise applicable compliance date, and the need arose due to
circumstances beyond reasonable control of the owner or operator. This
request shall include the data described in Sec. 63.6(i)(6)(i) (A),
(B), (C), and (D).
(g) Applicability of this subpart. (1) Each provision set forth in
this subpart shall apply at all times, except that the provisions set
forth in Sec. 63.1255 of this subpart shall not apply during periods of
nonoperation of the PMPU (or specific portion thereof) in which the
lines are drained and depressurized resulting in the cessation of the
emissions to which Sec. 63.1255 of this subpart applies.
(2) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the emissions
limitations of this subpart during times when emissions (or, where
applicable, wastewater streams or residuals) are being routed to such
items of equipment, if the shutdown would contravene emissions
limitations of this subpart applicable to such items of equipment. This
paragraph does not apply if the owner or operator must shut down the
equipment to avoid damage to a PMPU or portion thereof.
(3) 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.
[[Page 118]]
(4) In response to an action to enforce the standards set forth in
this subpart, an owner or operator may assert an affirmative defense to
a claim for civil penalties for exceedances of such standards that are
caused by a malfunction, as defined in Sec. 63.2. Appropriate penalties
may be assessed, however, if owner or operator fails to meet the burden
of proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
(i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet the
notification requirements of paragraph (g)(4)(ii) of this section, and
must prove by a preponderance of evidence that:
(A) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal and usual manner; and could not have
been prevented through careful planning, proper design, or better
operation and maintenance practices; and did not stem from any activity
or event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
(B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
(C) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
(D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
(E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
(F) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices;
(G) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
(H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
(I) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct, and eliminate
the primary causes of the malfunction and the excess emissions resulting
from the malfunction event at issue. The analysis shall also specify,
using the best monitoring methods and engineering judgment, the amount
of excess emissions that were the result of the malfunction.
(ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a malfunction
shall notify the Administrator by telephone or facsimile (FAX)
transmission as soon as possible, but no later than 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(g)(4)(i) of this section. The owner or operator may seek an extension
of this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day period.
Until a request for an extension has been approved by the Administrator,
the owner or operator is subject to the requirement to submit such
report within 45 days of the initial occurrence of the exceedance.
(h) Consistency with other regulations--(1) Compliance with other
MACT standards. (i) After the compliance dates specified in this
section, an affected source subject to the provisions of this subpart
that is also subject to the provisions of any other subpart of this part
63 may elect to comply with either
[[Page 119]]
the provisions of this subpart or the provisions of another applicable
subpart governing the maintenance of records and reporting to EPA. The
affected source shall identify in the Notification of Compliance Status
report required by Sec. 63.1260(f) under which authority such records
will be maintained.
(ii) After the compliance dates specified in paragraph (f) of this
section, at an offsite reloading or cleaning facility subject to Sec.
63.1253(f), compliance with the emission standards and associated
initial compliance, monitoring, recordkeeping, and reporting provisions
of any other subpart of this part 63 constitutes compliance with the
provisions of Sec. 63.1253(f)(7) (ii) or (iii). The owner or operator
of the affected storage tank shall identify in the Notification of
Compliance Status report required by Sec. 63.1260(f) the subpart of
this part 63 with which the owner or operator of the offsite reloading
or cleaning facility complies.
(2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (i) After the compliance dates specified in this section, if any
control device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264, subpart
AA, BB, or CC, or is subject to monitoring and recordkeeping
requirements in 40 CFR part 265, subpart AA, BB, or CC, and the owner or
operator complies with the periodic reporting requirements under 40 CFR
part 264, subpart AA, BB, or CC that would apply to the device if the
facility had final-permitted status, the owner or operator may elect to
comply either with the monitoring, recordkeeping, and reporting
requirements of this subpart, or with the monitoring, recordkeeping, and
reporting requirements in 40 CFR parts 264 and/or 265, as described in
this paragraph, which shall constitute compliance with the monitoring,
recordkeeping, and reporting requirements of this subpart. If the owner
or operator elects to comply with the monitoring, recordkeeping, and
reporting requirements in 40 CFR parts 264 and/or 265, the owner or
operator shall report all information required by Sec. 63.1260(g) and
(i). The owner or operator shall identify in the Notification of
Compliance Status, required by Sec. 63.1260(f), the monitoring,
recordkeeping, and reporting authority under which the owner or operator
will comply.
(ii) After the compliance dates specified in this section, if any
equipment at an affected source that is subject to Sec. 63.1255, is
also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265,
subpart BB, then compliance with the recordkeeping and reporting
requirements of 40 CFR parts 264 and/or 265 may be used to comply with
the recordkeeping and reporting requirements of Sec. 63.1255, to the
extent that the requirements of 40 CFR parts 264 and/or 265 duplicate
the requirements of Sec. 63.1255. The owner or operator shall identify
in the Notification of Compliance Status, required by Sec. 63.1260(f),
if the owner or operator will comply with the recordkeeping and
reporting authority under 40 CFR parts 264 and/or 265.
(3) Compliance with 40 CFR 60.112(b). After the compliance dates
specified in this section, a storage tank controlled with a floating
roof and in compliance with the provisions of 40 CFR 60.112b, subpart
Kb, constitutes compliance with the provisions of this subpart GGG. A
storage tank with a fixed roof, closed vent system, and control device
in compliance with the provisions of 40 CFR 60.112b, subpart Kb must
comply with the monitoring, recordkeeping, and reporting provisions of
this subpart GGG. The owner or operator shall identify in the
Notification of Compliance Status report required by Sec. 63.1260(f)
which tanks are in compliance with subpart Kb.
(4) Compliance with subpart I of this part. After the compliance
dates specified in this section, an affected source with equipment
subject to subpart I of this part may elect to comply with either the
provisions of Sec. 63.1255 or the provisions of subpart H of this part
for all such equipment. The owner or operator shall identify in the
Notification of Compliance Status report required by Sec. 63.1260(f)
the provisions with which the owner elects to comply.
(5) Compliance with other regulations for wastewater. After the
compliance dates specified in this section, the owner or operator of an
affected wastewater stream that is also subject to
[[Page 120]]
provisions in 40 CFR parts 260 through 272 may elect to determine
whether this subpart or 40 CFR parts 260 through 272 contain the more
stringent control requirements (e.g., design, operation, and inspection
requirements for waste management units; numerical treatment standards;
etc.) and the more stringent testing, monitoring, recordkeeping, and
reporting. Compliance with provisions of 40 CFR parts 260 through 272
that are determined to be more stringent than the requirements of this
subpart constitutes compliance with this subpart. For example,
provisions of 40 CFR parts 260 through 272 for treatment units that meet
the conditions specified in Sec. 63.1256(g)(13) constitute compliance
with this subpart. In the Notification of Compliance Status report
required by Sec. 63.1260(f), the owner or operator shall identify the
more stringent provisions of 40 CFR parts 260 through 272 with which the
owner or operator will comply. The owner or operator shall also identify
in the Notification of Compliance Status report required by Sec.
63.1260(f) the information and procedures used to make any stringency
determinations. If the owner or operator does not elect to determine the
more stringent requirements, the owner or operator must comply with both
the provisions of 40 CFR parts 260 through 272 and the provisions of
this subpart.
(6) Compliance with subpart PPP of this part. After the compliance
dates specified in this section, an affected source with equipment in a
pharmaceutical manufacturing process unit that is also part of an
affected source under subpart PPP of this part may elect to demonstrate
compliance with Sec. 63.1254 by controlling all process vents in
accordance with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f).
Alternatively, the owner or operator may elect to determine which
process vents must be controlled to comply with the percent reduction
requirements of Sec. 63.1254 and control only those vents in accordance
with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). For any
pharmaceutical manufacturing process unit controlled in accordance with
the requirements of Sec. 63.1425, the owner or operator must also
comply with all other requirements in subpart PPP of this part. In the
Notification of Compliance Status report required by Sec. 63.1260(f),
the owner or operator shall identify which pharmaceutical manufacturing
process units are meeting the control requirements for process vents and
all other requirements of subpart PPP of this part, and the owner or
operator shall describe the calculations and other information used to
identify which process vents must be controlled to comply with the
percent reduction requirements of Sec. 63.1254, if applicable.
(i) For the purposes of establishing whether a person is in
violation of this subpart, nothing in this subpart shall preclude the
use of any credible evidence or information relevant to whether a source
would have been in compliance with applicable requirements.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52596, Aug. 29, 2000;
66 FR 40131, Aug. 2, 2001; 76 FR 22599, Apr. 21, 2011]
Sec. 63.1251 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section. If the same term is defined in subpart A
of this part and in this section, it shall have the meaning given in
this section for the purposes of this subpart.
Active ingredient means any material that is intended to furnish
pharmacological activity or other direct effect in the diagnosis, cure,
mitigation, treatment, or prevention of disease, or to affect the
structure or any function of the body of man or other animals. This term
does not include food, food additives (except vitamins and other
materials described by SIC code 2833 or 2834), color additives,
cosmetics, in-vitro diagnostic substances, x-ray film, test indicator
devices, and medical devices such as implants, artificial joints,
surgical bandages, and stitching material.
Actual HAP emissions means the HAP emitted to the atmosphere from
either uncontrolled or controlled emission points.
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
[[Page 121]]
objectively evaluated in a judicial or administrative proceeding.
Air pollution control device or Control device means equipment
installed on a process vent, storage tank, wastewater treatment exhaust
stack, or combination thereof that reduces the mass of HAP emitted to
the air. The equipment may consist of an individual device or a series
of devices. Examples include, but are not limited to, incinerators,
carbon adsorption units, condensers, flares, boilers, process heaters,
and gas absorbers. Process condensers are not considered air pollution
control devices or control devices.
Annual average concentration, as used in the wastewater provisions
in Sec. 63.1256, means the total mass of partially soluble and/or
soluble HAP compounds in a wastewater stream during the calendar year
divided by the total mass of the wastewater stream discharged during the
same calendar year, as determined according to the procedures specified
in Sec. 63.1257(e)(1) (i) and (ii).
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems and strip charts.
Batch 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. For example, a displacement of vapor
resulting from the charging of a vessel with HAP will result in a
discrete emission episode that will last through the duration of the
charge and will have an average flowrate equal to the rate of the
charge. If the vessel is then heated, there will also be another
discrete emission episode resulting from the expulsion of expanded
vapor. Both emission episodes may occur in the same vessel or unit
operation. There are possibly other emission episodes that may occur
from the vessel or other process equipment, depending on process
operations.
Batch operation or Batch process means a noncontinuous operation
involving intermittent or discontinuous feed into equipment, and, in
general, involves the emptying of the equipment after the batch
operation ceases and prior to beginning a new operation. Addition of raw
material and withdrawal of product do not occur simultaneously in a
batch operation.
Bench-scale batch process means a batch process (other than a
research and development facility) that is capable of being located on a
laboratory bench top. This bench-scale equipment will typically include
reagent feed vessels, a small reactor and associated product separator,
recovery and holding equipment. These processes are only capable of
producing small quantities of product.
Block means a time period that comprises a single batch.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator. Boiler also means
any industrial furnace as defined in 40 CFR 260.10.
Centralized combustion control device (CCCD) means enclosed
combustion devices that are used to control process vent emissions from
non-dedicated PMPU's at a facility. Centralized combustion control
devices may also be used to control emissions from source types
including, but not limited to, storage tanks, waste management units,
and equipment leaks.
Cleaning operation means routine rinsing, washing, or boil-off of
equipment in batch operations between batches.
Closed biological treatment process means a tank or surface
impoundment where biological treatment occurs and air emissions from the
treatment process are routed to either a control device by means of a
closed-vent system or by means of hard-piping. The tank or surface
impoundment has a fixed roof, as defined in this section, or a floating
flexible membrane cover that meets the requirements specified in Sec.
63.1256(c).
Closed-loop system means an enclosed system that returns process
fluid to
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the process and is not vented to the atmosphere except through a closed-
vent system.
Closed-purge system means a system or combination of system and
portable containers, to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the atmosphere
and 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 HAP vapors.
Combustion device burner means a device designed to mix and ignite
fuel and air to provide a flame to heat and oxidize waste organic vapors
in a combustion device.
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined as described in Sec.
63.1255(b)(1)(vii) and Sec. 63.1255(f)(3).
Construction means the onsite fabrication, erection, or installation
of an affected source or a PMPU. Addition of new equipment to a PMPU
subject to existing source standards does not constitute construction,
but it may constitute reconstruction of the affected source or PMPU if
it satisfies the definition of reconstruction in this section.
Consumption means the quantity of all HAP raw materials entering a
process in excess of the theoretical amount used as reactant, assuming
100 percent stoichiometric conversion. The raw materials include
reactants, solvents, and any other additives. If a HAP is generated in
the process as well as added as a raw material, consumption includes the
quantity generated in the process.
Container, as used in the wastewater provisions, means any portable
waste management unit that has a capacity greater than or equal to 0.1
m\3\ in which a material is stored, transported, treated, or otherwise
handled. Examples of containers are drums, barrels, tank trucks, barges,
dumpsters, tank cars, dump trucks, and ships.
Continuous process means a process where the inputs and outputs flow
continuously throughout the duration of the process. Continuous
processes are typically steady state.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minute or more frequent block average values.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage tank and the
edge of the floating roof. A continuous seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Control device, for purposes of this Sec. 63.1255, means any
equipment used for recovering or oxidizing organic hazardous air
pollutant vapors. Such equipment includes, but is not limited to,
absorbers, carbon adsorbers, condensers, flares, boilers, and process
heaters.
Controlled HAP emissions means the quantity of HAP discharged to the
atmosphere from an air pollution control device.
Cover, as used in the wastewater provisions, means a device or
system which is placed on or over a waste management unit containing
wastewater or residuals so that the entire surface area is enclosed to
minimize air emissions. A cover may have openings necessary for
operation, inspection, and maintenance of the waste management unit such
as access hatches, sampling ports, and gauge wells provided that each
opening is closed when not in use. Examples of covers include a fixed
roof installed on a wastewater tank, a lid installed on a container, and
an air-supported enclosure installed over a waste management unit.
Dedicated PMPU means a PMPU that is composed of equipment that is
used to manufacture the same product for a
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continuous period of 6 months or greater. The PMPU includes any shared
storage tank(s) that are determined to belong to the PMPU according to
the procedures in Sec. 63.1250(e).
Dense gas system means a conveyance system operated to limit oxygen
levels below 12 percent.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Enhanced biological treatment system or enhanced biological
treatment process means an aerated, thoroughly mixed treatment unit(s)
that contains biomass suspended in water followed by a clarifier that
removes biomass from the treated water and recycles recovered biomass to
the aeration unit. The mixed liquor volatile suspended solids (biomass)
is greater than 1 kilogram per cubic meter throughout each aeration
unit. The biomass is suspended and aerated in the water of the aeration
unit(s) by either submerged air flow or mechanical agitation. A
thoroughly mixed treatment unit is a unit that is designed and operated
to approach or achieve uniform biomass distribution and organic compound
concentration throughout the aeration unit by quickly dispersing the
recycled biomass and the wastewater entering the unit.
Equipment, for purposes of Sec. 63.1255, means each pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, and instrumentation
system in organic hazardous air pollutant service; and any control
devices or closed-vent systems required by this subpart.
Excipient means any substance other than the active drug or product
which has been appropriately evaluated for safety and is included in a
drug delivery system to either aid the processing of the drug delivery
system during its manufacture; protect, support, or enhance stability,
bioavailablity, or patient acceptability; assist in product
identification; or enhance any other attribute of the overall safety and
effectiveness of the drug delivery system during storage or use.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a storage tank or waste
management unit with no fixed roof.
Fill or filling means the introduction of material into a storage
tank or the introduction of a wastewater stream or residual into a waste
management unit, but not necessarily to complete capacity.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere.
Fixed roof means a cover that is mounted on a waste management unit
or storage tank in a stationary manner and that does not move with
fluctuations in liquid level.
Floating roof means a cover consisting of a double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a closure seal or seals to close the space between the
roof edge and waste management unit or storage tank wall.
Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
Formulation means the process of mixing, blending, or diluting one
or more active or inert ingredients with one or more active or inert
ingredients, without an intended chemical reaction, to obtain a
pharmaceutical dosage form. Formulation operations include mixing,
compounding, blending, and tablet coating.
Group of processes means all of the equipment associated with
processes in a building, processing area, or facility-wide. For a
dedicated process, a group of processes may consist of a single process.
Halogen atoms mean atoms of chlorine or fluorine.
Halogenated compounds means organic HAP compounds that contain
halogen atoms.
Halogenated vent stream or Halogenated stream means a process,
storage
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tank, or waste management unit vent determined to have a concentration
of halogenated compounds of greater than 20 ppmv, as determined through
process knowledge, test results using Method 18 of 40 CFR part 60,
appendix A, or test results using any other test method that has been
validated according to the procedures in Method 301 of appendix A of
this part.
Hard-piping means piping or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31-3.
Hydrogen halides and halogens means hydrogen chloride (HCl),
chlorine (Cl\2\), and hydrogen fluoride (HF).
In gas/vapor service means that a piece of equipment in organic
hazardous air pollutant service contains a gas or vapor at operating
conditions.
In heavy liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in organic
hazardous air pollutant service contains a liquid that meets the
following conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 [deg]C;
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
[deg]C is equal to or greater than 20 percent by weight of the total
process stream; and
(3) The fluid is a liquid at operating conditions. (Note: Vapor
pressures may be determined by the methods described in 40 CFR
60.485(e)(1).)
In liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service.
In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contacts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d). The
provisions of Sec. 63.180(d) also specify how to determine that a piece
of equipment is not in organic HAP service.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Individual drain system means the stationary system used to convey
wastewater streams or residuals to a waste management unit. The term
includes hard piping; all process drains and junction boxes; and
associated sewer lines, other junction boxes, manholes, sumps, and lift
stations conveying wastewater streams or residuals. A segregated
stormwater sewer system, which is a drain and collection system designed
and operated for the sole purpose of collecting rainfall-runoff at a
facility, and which is segregated from all other individual drain
systems, is excluded from this definition.
Initial startup means the first time a new or reconstructed source
begins production. Initial startup does not include operation solely for
testing equipment. Initial startup does not include subsequent start ups
(as defined in this section) of processes following malfunctions or
process shutdowns.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it) inside
a storage tank or waste management unit that has a permanently affixed
roof.
Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 0.5 inches and smaller, and connectors nominally 0.75
inches and smaller in diameter are considered instrumentation systems
for the purposes of this subpart. Valves greater than nominally 0.5
inches and connectors greater than nominally 0.75 inches associated with
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instrumentation systems are not considered part of instrumentation
systems and must be monitored individually.
Isolated intermediate means a product of a process. An isolated
intermediate is usually a product of a chemical synthesis, fermentation,
or biological extraction process; several different isolated
intermediates may be produced in the manufacture of a finished dosage
form of a drug. Precursors, active ingredients, or finished dosage forms
are considered isolated intermediates. An isolated intermediate is
stored before subsequent processing. Storage occurs at any time the
intermediate is placed in equipment used solely for storage, such as
drums, totes, day tanks, and storage tanks. The storage of an isolated
intermediate marks the end of a process.
Junction box means a manhole or access point to a wastewater sewer
system line or a lift station.
Large control device means a control device that controls total HAP
emissions of greater than or equal to 10 tons/yr, before control.
Liquid-mounted seal means a foam- or liquid-filled seal mounted in
contact with the liquid between the wall of the storage tank or waste
management unit and the floating roof. The seal is mounted continuously
around the tank or unit.
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquid dripping include puddling or new stains that are indicative of an
existing evaporated drip.
Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the pharmaceutical manufacturing
process unit into an individual drain system in preparation for 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
wastewater include descaling of heat exchanger tubing bundles, cleaning
of distillation column traps, draining of pumps into an individual drain
system, and draining of portions of the pharmaceutical manufacturing
process unit for repair. Wastewater from cleaning operations is not
considered maintenance wastewater.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, emissions
monitoring equipment, process equipment, or a process to operate in a
normal or usual manner which causes, or has the potential to cause, the
emission limitations in an applicable standard to be exceeded. Failures
that are caused all or 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 transferred 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 Chapter 19.2 of the
American Petroleum Institute's Manual of Petroleum Measurement
Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by
reference as specified in Sec. 63.14); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship
and Initial Decomposition Temperature of Liquids by Isoteniscope
(incorporated by reference as specified in Sec. 63.14); or
(4) Any other method approved by the Administrator.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage tank by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
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Nondedicated formulation operations means equipment used to
formulate numerous products.
Nondedicated recovery device(s) means a recovery device that
receives material from more than one PMPU.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
shutdown.
Open biological treatment process means a biological treatment
process that is not a closed biological treatment process as defined in
this section.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with process fluid
and one side open to atmosphere, either directly or through open piping.
Operating scenario for the purposes of reporting and recordkeeping,
means any specific operation of a PMPU and includes for each process:
(1) A description of the process and the type of process equipment
used;
(2) An identification of related process vents and their associated
emissions episodes and durations, wastewater PODs, and storage tanks;
(3) The applicable control requirements of this subpart, including
the level of required control, and for vents, the level of control for
each vent;
(4) The control or treatment devices used, as applicable, including
a description of operating and/or testing conditions for any associated
control device;
(5) The process vents, wastewater PODs, and storage tanks (including
those from other processes) that are simultaneously routed to the
control or treatment device(s);
(6) The applicable monitoring requirements of this subpart and any
parametric level that assures compliance for all emissions routed to the
control or treatment device;
(7) Calculations and engineering analyses required to demonstrate
compliance; and
(8) For reporting purposes, a change to any of these elements not
previously reported, except for paragraph (5) of this definition, shall
constitute a new operating scenario.
Partially soluble HAP means a HAP listed in Table 2 of this subpart.
Pharmaceutical manufacturing operations means the facilitywide
collection of PMPU and any other equipment such as heat exchanger
systems, wastewater and waste management units, or cooling towers that
are not associated with an individual PMPU, but that are located at a
facility for the purpose of manufacturing pharmaceutical products and
are under common control.
Pharmaceutical manufacturing process unit (PMPU) means the process,
as defined in this subpart, and any associated storage tanks, equipment
identified in Sec. 63.1252(f), and components such as pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors, and
instrumentation systems that are used in the manufacturing of a
pharmaceutical product.
Pharmaceutical product means any of the following materials,
excluding any material that is a nonreactive solvent, excipient, binder,
or filler, or any material that is produced in a chemical manufacturing
process unit that is subject to the requirements of subparts F and G of
this part 63:
(1) Any material described by the standard industrial classification
(SIC) code 2833 or 2834; or
(2) Any material whose manufacturing process is described by North
American Industrial Classification System (NAICS) code 325411 or 325412;
or
(3) A finished dosage form of a drug, for example, a tablet,
capsule, solution, etc.; or
(4) Any active ingredient or precursor that is produced at a
facility whose primary manufacturing operations are described by SIC
code 2833 or 2834; or
(5) At a facility whose primary operations are not described by SIC
code 2833 or 2834, any material whose primary use is as an active
ingredient or precursor.
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.
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Point of determination (POD) means the point where a wastewater
stream exits the process, storage tank, or last recovery device. If
soluble and/or partially soluble HAP compounds are not recovered from
water before discharge, the discharge point from the process equipment
or storage tank is a POD. If water streams are routed to a recovery
device, the discharge from the recovery device is a POD. There can be
more than 1 POD per process or PMPU.
Precursor means a material that is manufactured to undergo further
chemical change or processing to ultimately manufacture an active
ingredient or finished dosage form of a drug. This term does not include
commodity chemicals produced by the synthetic organic chemical
manufacturing industry.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 psig or by a vacuum are not
pressure relief devices.
Primary use means 50 percent or more of a material is used for a
particular purpose.
Process means all equipment which collectively function to produce a
pharmaceutical product or isolated intermediate (which is also a
pharmaceutical product). A process may consist of one or more unit
operations. For the purposes of this subpart, process includes any, all,
or a combination of reaction, recovery, separation, purification, or
other activity, operation, manufacture, or treatment which are used to
produce a pharmaceutical product or isolated intermediate. Cleaning
operations conducted are considered part of the process. Nondedicated
solvent recovery operations located within a contiguous area within the
affected source are considered single processes. A storage tank that is
used to accumulate used solvent from multiple batches of a single
process for purposes of solvent recovery does not represent the end of
the process. Nondedicated formulation operations occurring within a
contiguous area are considered a single process that is used to
formulate numerous materials and/or products. Quality assurance and
quality control laboratories are not considered part of any process.
Ancillary activities are not considered a process or part of any
process. Ancillary activities include boilers and incinerators (not used
to comply with the provisions of Sec. 63.1253, Sec. 63.1254, or Sec.
63.1256(h)), chillers and refrigeration systems, and other equipment and
activities that are not directly involved (i.e., they operate within a
closed system and materials are not combined with process fluids) in the
processing of raw materials or the manufacturing of a pharmaceutical
product.
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 at or above the boiling or bubble point of
substance(s) at the liquid surface. Examples of process condensers
include distillation condensers, reflux condensers, and condensers used
in stripping or flashing operations. In a series of condensers, all
condensers up to and including the first condenser with an exit gas
temperature below the boiling or bubble point of the substance(s) at the
liquid surface are considered to be process condensers. All condensers
in line prior to a vacuum source are included in this definition.
Process shutdown means a work practice or operational procedure that
stops production from a process or part of a process during which it is
technically feasible to clear process material from a process or part of
a process consistent with safety constraints and during which repairs
can be effected. An unscheduled work practice or operational procedure
that stops production from a process or part of a process for less than
24 hours is not a process shutdown. An unscheduled work practice or
operational procedure that
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would stop production from a process or part of a process for a shorter
period of time than would be required to clear the process or part of
the process of materials and start up the process, and would result in
greater emissions than delay of repair of leaking components until the
next scheduled process shutdown, is not a process shutdown. The use of
spare equipment and technically feasible bypassing of equipment without
stopping production are not process shutdowns.
Process tank means a tank that is used to collect material
discharged from a feedstock storage tank or unit operation and to
transfer this material to another unit operation within the process or
to a product storage tank. Surge control vessels and bottoms receivers
that fit these conditions are considered process tanks. Product storage
tanks are considered process tanks and are part of the PMPU that produce
the stored material. For the purposes of this subpart, vents from
process tanks are considered process vents.
Process vent means a vent from a unit operation or vents from
multiple unit operations within a process that are manifolded together
into a common header, through which a HAP-containing gas stream is, or
has the potential to be, released to the atmosphere. Examples of process
vents include, but are not limited to, vents on condensers used for
product recovery, bottom receivers, surge control vessels, reactors,
filters, centrifuges, and process tanks. Emission streams that are
undiluted and uncontrolled containing less than 50 ppmv HAP, as
determined through process knowledge that no HAP are present in the
emission stream or using an engineering assessment as discussed in Sec.
63.1257(d)(2)(ii); test data using Method 18 of 40 CFR part 60, appendix
A-6; Method 320 of 40 CFR part 63; or any other test method that has
been validated according to the procedures in Method 301 of appendix A
of this part, are not considered process vents. Process vents do not
include vents on storage tanks regulated under Sec. 63.1253, vents on
wastewater emission sources regulated under Sec. 63.1256, or pieces of
equipment regulated under Sec. 63.1255.
Production-indexed HAP consumption factor is the result of dividing
the annual consumption of total HAP by the annual production rate, per
process.
Production-indexed volatile organic compound (VOC) consumption
factor is the result of dividing the annual consumption of total VOC by
the annual production rate, per process.
Publicly owned treatment works (POTW) means any devices and systems
used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature as defined in section
212(2)(A) of the Clean Water Act, as amended [33 U.S.C. Sec.
1292(2)(A)]. A POTW includes the treatment works, intercepting sewers,
outfall sewers, sewage collection systems, pumping, power, and other
equipment. The POTW is defined at 40 CFR 403.3(o).
Reactor means a device or vessel in which one or more chemicals or
reactants, other than air, are combined or decomposed in such a way that
their molecular structures are altered and one or more new organic
compounds are formed.
Reconstruction, as used in Sec. 63.1250(b), shall have the meaning
given in Sec. 63.2, except that ``affected or previously unaffected
stationary source'' shall mean either ``affected facility'' or ``PMPU.''
As used in Sec. 63.1254(a)(3)(ii)(A)(3), reconstruction shall have the
meaning given in Sec. 63.2, except that ``source'' shall mean ``control
device.''
Recovery device, as used in the wastewater provisions, means an
individual unit of equipment used for the purpose of recovering
chemicals for fuel value (i.e., net positive heating value), use, reuse,
or for sale for fuel value, use or reuse. Examples of equipment that may
be recovery devices include organic removal devices such as decanters,
strippers, or thin-film evaporation units. To be a recovery device, a
decanter and any other equipment based on the operating principle of
gravity separation must receive only two-phase liquid streams.
Repaired means that equipment:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable paragraphs of Sec. 63.1255, and;
(2) Is, unless otherwise specified in applicable provisions of Sec.
63.1255, monitored as specified in Sec. 63.180(b) and (c) as
appropriate, to verify that emissions
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from the equipment are below the applicable leak definition.
Research and development facility means any stationary source whose
primary purpose is to conduct research and development into new
processes and products, where such source is operated under the close
supervision of technically trained personnel, and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.
Residual means any HAP-containing liquid or solid material that is
removed from a wastewater stream by a waste management unit or treatment
process that does not destroy organics (nondestructive unit). Examples
of residuals from nondestructive waste management units are: the organic
layer and bottom residue removed by a decanter or organic-water
separator and the overheads from a steam stripper or air stripper.
Examples of materials which are not residuals are: silt; mud; leaves;
bottoms from a steam stripper or air stripper; and sludges, ash, or
other materials removed from wastewater being treated by destructive
devices such as biological treatment units and incinerators.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purposes of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in 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 air emission control 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.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
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.
Sewer line means a lateral, trunk line, branch line, or other
conduit including, but not limited to, grates, trenches, etc., used to
convey wastewater streams or residuals to a downstream waste management
unit.
Shutdown means the cessation of operation of a continuous process
for any purpose. Shutdown also means the cessation of a batch process or
any related individual piece of equipment required or used to comply
with this subpart as a result of a malfunction or for replacement of
equipment, repair, or any other purpose not excluded from this
definition. Shutdown also applies to emptying and degassing storage
vessels. Shutdown does not apply to cessation of a batch process at the
end of a campaign, for routine maintenance, for rinsing or washing of
equipment between batches, or other routine operations.
Single-seal system means a floating roof having one continuous seal
that completely covers the space between the wall of the storage tank
and the edge of the floating roof. This seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Small control device means a control device that controls total HAP
emissions of less than 10 tons/yr, before control.
Soluble HAP means a HAP listed in Table 3 of this subpart.
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Standard batch means a batch process operated within a range of
operating conditions that are documented in an operating scenario.
Emissions from a standard batch are based on the operating conditions
that result in highest emissions. The standard batch defines the
uncontrolled and controlled emissions for each emission episode defined
under the operating scenario.
Startup means the setting in operation of a continuous process unit
for any purpose; the first time a new or reconstructed batch process
unit begins production; for new equipment added, including equipment
used to comply with this subpart, the first time the equipment is put
into operation; or, for the introduction of a new product/process, the
first time the product or process is run in equipment. For batch process
units, startup does not apply to the first time the equipment is put
into operation at the start of a campaign to produce a product that has
been produced in the past, after a shutdown for maintenance, or when the
equipment is put into operation as part of a batch within a campaign. As
used in Sec. 63.1255, startup means the setting in operation of a piece
of equipment or a control device that is subject to this subpart.
Storage tank means a tank or other vessel that is used to store
organic liquids that contain one or more HAP as raw material feedstocks.
Storage tank also means a tank or other vessel in a tank farm that
receives and accumulates used solvent from multiple batches of a process
or processes for purposes of solvent recovery. The following are not
considered storage tanks for the purposes of this subpart:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels storing organic liquids that contain HAP only as
impurities;
(4) Wastewater storage tanks; and
(5) Process tanks (including product tanks and isolated intermediate
tanks).
Supplemental gases are any gaseous streams that are not defined as
process vents, or closed-vent systems from wastewater management and
treatment units, storage tanks, or equipment components and that contain
less than 50 ppmv TOC, as determined through process knowledge, that are
introduced into vent streams or manifolds. Air required to operate
combustion device burner(s) is not considered supplemental gas.
Surface impoundment means a waste management unit which is a natural
topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade
materials), which is designed to hold an accumulation of liquid wastes
or waste containing free liquids. A surface impoundment is used for the
purpose of treating, storing, or disposing of wastewater or residuals,
and is not an injection well. Examples of surface impoundments are
equalization, settling, and aeration pits, ponds, and lagoons.
System flowrate means the flowrate of gas entering the control
device.
Total organic compounds (TOC) means those compounds measured
according to the procedures of Method 18 or Method 25A, 40 CFR part 60,
appendix A.
Treatment process means a specific technique that removes or
destroys the organics in a wastewater or residual stream such as a steam
stripping unit, thin-film evaporation unit, waste incinerator,
biological treatment unit, or any other process applied to wastewater
streams or residuals to comply with Sec. 63.1256. Most treatment
processes are conducted in tanks. Treatment processes are a subset of
waste management units.
Uncontrolled HAP emissions means a gas stream containing HAP which
has exited the process (or process condenser, if any), but which has not
yet been introduced into an air pollution control device to reduce the
mass of HAP in the stream. If the process vent is not routed to an air
pollution control device, uncontrolled emissions are those HAP emissions
released to the atmosphere.
Unit operation means those processing steps that occur within
distinct equipment that are used, among other things, to prepare
reactants, facilitate reactions, separate and purify products, and
recycle materials. Equipment
[[Page 131]]
used for these purposes includes but is not limited to reactors,
distillation columns, extraction columns, absorbers, decanters, dryers,
condensers, and filtration equipment.
Vapor-mounted seal means a continuous seal that completely covers
the annular space between the wall of the storage tank or waste
management unit and the edge of the floating roof and is mounted such
that there is a vapor space between the stored liquid and the bottom of
the seal.
Volatile organic compounds (VOC) means those materials defined in 40
CFR 51.100.
Waste management unit means the equipment, structure(s),and or
devices used to convey, store, treat, or dispose of wastewater streams
or residuals. Examples of waste management units include wastewater
tanks, air flotation units, surface impoundments, containers, oil-water
or organic-water separators, individual drain systems, biological
wastewater treatment units, waste incinerators, and organic removal
devices such as steam and air stripper units, and thin film evaporation
units. If such equipment is used for recovery then it is part of a
pharmaceutical process and is not a waste management unit.
Wastewater means any portion of an individual wastewater stream or
any aggregation of wastewater streams.
Wastewater stream means water that is discarded from a PMPU through
a single POD, that contains an annual average concentration of partially
soluble and/or soluble HAP compounds of at least 5 parts per million by
weight and a load of at least 0.05 kg/yr. The following are not
considered wastewater streams for the purposes of this subpart:
(1) Stormwater from segregated sewers;
(2) Water from fire-fighting and deluge systems, including testing
of such systems;
(3) Spills;
(4) Water from safety showers;
(5) Samples of a size not greater than reasonably necessary for the
method of analysis that is used;
(6) Equipment leaks;
(7) Wastewater drips from procedures such as disconnecting hoses
after clearing lines; and
(8) Noncontact cooling water.
Wastewater tank means a stationary waste management unit that is
designed to contain an accumulation of wastewater or residuals and is
constructed primarily of nonearthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support. Wastewater tanks used
for flow equalization are included in this definition.
Water seal controls means a seal pot, p-leg trap, or other type of
trap filled with water (e.g., flooded sewers that maintain water levels
adequate to prevent air flow through the system) that creates a water
barrier between the sewer line and the atmosphere. The water level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52598, Aug. 29, 2000;
71 FR 20459, Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011; 79 FR 11284,
Feb. 27, 2014]
Sec. 63.1252 Standards: General.
Each owner or operator of any affected source subject to the
provisions of this subpart shall control HAP emissions to the level
specified in this section on and after the compliance dates specified in
Sec. 63.1250(f). Initial compliance with the emission limits is
demonstrated in accordance with the provisions of Sec. 63.1257, and
continuous compliance is demonstrated in accordance with the provisions
of Sec. 63.1258.
(a) Opening of a safety device. Opening of a safety device, as
defined in Sec. 63.1251, is allowed at any time conditions require it
to do so to avoid unsafe conditions.
(b) Closed-vent systems. The owner or operator of a closed-vent
system that contains bypass lines that could divert a vent stream away
from a control device used to comply with the requirements in Sec. Sec.
63.1253, 63.1254, and 63.1256 shall comply with the requirements of
Table 4 to this subpart and paragraph (b)(1) or (2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, rupture disks and pressure relief valves
needed for safety purposes are not subject to this paragraph.
[[Page 132]]
(1) Install, calibrate, maintain, and operate a flow indicator that
determines whether vent stream flow is present at least once every 15
minutes. Records shall be maintained as specified in Sec.
63.1259(i)(6)(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 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. Records shall be
maintained as specified in Sec. 63.1259(i)(6)(ii).
(c) Heat exchange systems. Except as provided in paragraph (c)(2) of
this section, owners and operators of affected sources shall comply with
the requirements in paragraph (c)(1) of this section for heat exchange
systems that cool process equipment or materials used in pharmaceutical
manufacturing operations.
(1) The heat exchange system shall be treated according to the
provisions of Sec. 63.104, except that the monitoring frequency shall
be no less than quarterly.
(2) For identifying leaking equipment, the owner or operator of heat
exchange systems on equipment which meet current good manufacturing
practice (CGMP) requirements of 21 CFR part 211 may elect to use the
physical integrity of the reactor as the surrogate indicator of heat
exchange system leaks around the reactor.
(d) Emissions averaging provisions. Except as specified in
paragraphs (d)(1) through (5) of this section, owners or operators of
storage tanks or processes subject to the provisions of Sec. Sec.
63.1253 and 63.1254 may choose to comply by using emissions averaging
requirements specified in Sec. 63.1257(g) or (h) for any storage tank
or process.
(1) A State may prohibit averaging of HAP emissions and require the
owner or operator of an existing source to comply with the provisions in
Sec. Sec. 63.1253 and 63.1254.
(2) Only emission sources subject to the requirements of Sec.
63.1253(b)(1) or (c)(1)(i) or Sec. 63.1254(a)(1)(i) may be included in
any averaging group.
(3) Processes which have been permanently shutdown or storage tanks
permanently taken out of HAP service may not be included in any
averaging group.
(4) Processes and storage tanks already controlled on or before
November 15, 1990 may not be included in an emissions averaging group,
except where the level of control is increased after November 15, 1990.
In these cases, the uncontrolled emissions shall be the controlled
emissions as calculated on November 15, 1990 for the purpose of
determining the uncontrolled emissions as specified in Sec. 63.1257(g)
and (h).
(5) Emission points controlled to comply with a State or Federal
rule other than this subpart may not be credited in an emission
averaging group, 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.
(6) Not more than 20 processes subject to Sec. 63.1254(a)(1)(i),
and 20 storage tanks subject to Sec. 63.1253(b)(1) or (c)(1)(i) at an
affected source may be included in an emissions averaging group.
(7) Compliance with the emission standards in Sec. 63.1253 shall be
satisfied when the annual percent reduction efficiency is greater than
or equal to 90 percent for those tanks meeting the criteria of Sec.
63.1253(a)(1) and 95 percent for those tanks meeting the criteria of
Sec. 63.1253(a)(2), as demonstrated using the test methods and
compliance procedures specified in Sec. 63.1257(g).
(8) Compliance with the emission standards in Sec. 63.1254(a)(1)(i)
shall be satisfied when the annual percent reduction efficiency is
greater than or equal to 93 percent, as demonstrated
[[Page 133]]
using the test methods and compliance procedures specified in Sec.
63.1257(h).
(e) Pollution prevention alternative. Except as provided in
paragraph (e)(1) of this section, an owner or operator may choose to
meet the pollution prevention alternative requirement specified in
either paragraph (e)(2) or (3) of this section for any PMPU or for any
situation described in paragraph (e)(4) of this section, in lieu of the
requirements specified in Sec. Sec. 63.1253, 63.1254, 63.1255, and
63.1256. Compliance with paragraphs (e)(2) and (3) of this section shall
be demonstrated through the procedures in Sec. 63.1257(f). Any PMPU for
which the owner or operator seeks to comply by using the pollution
prevention alternative shall begin with the same starting material(s)
and end with the same product(s). The owner or operator may not comply
with the pollution prevention alternative by eliminating any steps of a
process by transferring the step offsite (to another manufacturing
location).
(1) The HAP that are generated in the PMPU that are not part of the
production-indexed consumption factor must be controlled according to
the requirements of Sec. Sec. 63.1253, 63.1254, 63.1255, and 63.1256.
The hydrogen halides that are generated as a result of combustion
control of emissions must be controlled according to the requirements of
paragraph (g)(1) of this section.
(2) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 75 percent from a 3 year
average baseline established no earlier than the 1987 calendar year, or
for the time period from startup of the process until the present in
which the PMPU was operational and data are available, whichever is the
lesser time period. If a time period less than 3 years is used to set
the baseline, the data must represent at least 1 year's worth of data.
For any reduction in the HAP factor achieved by reducing a HAP that is
also a VOC, an equivalent reduction in the VOC factor is also required.
For any reduction in the HAP factor that is achieved by reducing a HAP
that is not a VOC, the VOC factor may not be increased.
(3) Both requirements specified in paragraphs (e)(3)(i) and (ii) of
this section are met.
(i) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 50 percent from a 3-year
average baseline established no earlier than the 1987 calendar year, or
for the time period from startup of the process until the present in
which the PMPU was operational and data are available, whichever is
less. If a time period less than 3 years is used to set the baseline,
the data must represent at least 1 year's worth of data. For any
reduction in the HAP factor achieved by reducing a HAP that is also a
VOC, an equivalent reduction in the VOC factor is also required. For any
reduction in the HAP factor that is achieved by reducing a HAP that is
not a VOC, the VOC factor may not be increased.
(ii) The total PMPU HAP emissions shall be reduced by an amount, in
kg/yr, that, when divided by the annual production rate, in kg/yr, and
added to the reduction of the production-indexed HAP consumption factor,
in kg/kg, yields a value of at least 75 percent of the average baseline
HAP production-indexed consumption factor established according to
paragraph (e)(3)(i) of this section according to the equation provided
in Sec. 63.1257(f)(2)(ii)(A). The total PMPU VOC emissions shall be
reduced by an amount calculated according to the equation provided in
Sec. 63.1257(f)(2)(ii)(B). The annual reduction in HAP and VOC air
emissions must be due to the use of the following control devices:
(A) Combustion control devices such as incinerators, flares or
process heaters.
(B) Control devices such as condensers and carbon adsorbers whose
recovered product is destroyed or shipped offsite for destruction.
(C) Any control device that does not ultimately allow for recycling
of material back to the PMPU.
(D) Any control device for which the owner or operator can
demonstrate that the use of the device in controlling HAP emissions will
have no effect on the production-indexed consumption factor for the
PMPU.
(4) The owner or operator may comply with the requirements in either
paragraph (e)(2) or (3) of this section
[[Page 134]]
for a series of processes, including situations where multiple processes
are merged, subject to the following conditions:
(i) The baseline period shall be a single year beginning no earlier
than the 1992 calendar year.
(ii) The term ``PMPU'' shall have the meaning provided in Sec.
63.1251 except that the baseline and modified PMPU may include multiple
processes (i.e., precursors, active ingredients, and final dosage form)
if the owner or operator demonstrates to the satisfaction of the
Administrator that the multiple processes were merged after the baseline
period into an existing process or processes.
(iii) Nondedicated formulation and solvent recovery processes may
not be merged with any other processes.
(f) Control requirements for certain liquid streams in open systems
within a PMPU. (1) The owner or operator shall comply with the
provisions of Table 5 of this subpart, for each item of equipment
meeting all the criteria specified in paragraphs (f)(2) through (4) and
either paragraph (f)(5)(i) or (ii) of this section.
(2) The item of equipment is of a type identified in Table 5 of this
subpart;
(3) The item of equipment is part of a PMPU, as defined in Sec.
63.1251;
(4) The item of equipment is controlled less stringently than in
Table 5 of this subpart and the item of equipment is not otherwise
exempt from controls by the provisions of this subpart or subpart A of
this part; and
(5) The item of equipment:
(i) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with an annual average
concentration greater than or equal to 1,300 parts per million by weight
(ppmw) of partially soluble HAP compounds; or an annual average
concentration greater than or equal to 5,200 ppmw of partially soluble
and/or soluble HAP compounds. The annual average concentration shall be
determined according to the procedures in Sec. 63.1257(e)(1)(ii).
(ii) Is a tank that receives one or more streams that contain water
with an annual average concentration greater than or equal to 1,300 ppmw
of partially soluble HAP compounds, or greater than or equal to 5,200
ppmw of total partially soluble and/or soluble HAP compounds. The owner
or operator of the source shall determine the average concentration of
the stream at the inlet to the tank and according to the procedures in
Sec. 63.1257(e)(1)(ii).
(g) Control requirements for halogenated vent streams that are
controlled by combustion devices. If a combustion device is used to
comply with the provisions of Sec. Sec. 63.1253 (storage tanks),
63.1254 (process vents), 63.1256(h) (wastewater vent streams) for a
halogenated vent stream, then the vent stream shall be ducted to a
halogen reduction device such as, but not limited to, a scrubber, before
it is discharged to the atmosphere. The halogen reduction device must
reduce emissions by the amounts specified in either paragraph (g)(1) or
(2) of this section.
(1) A halogen reduction device after the combustion control device
must reduce overall emissions of hydrogen halides and halogens, as
defined in Sec. 63.1251, by 95 percent or to a concentration less than
or equal to 20 ppmv.
(2) A halogen reduction device located before the combustion control
device must reduce the halogen atom content of the vent stream to a
concentration less than or equal to 20 ppmv.
(h) Planned routine maintenance for centralized combustion control
devices. The owner or operator may operate non-dedicated PMPU's during
periods of planned routine maintenance for CCCD in accordance with the
provisions specified in paragraphs (h)(1) through (6) of this section.
(1) For equipment leaks and wastewater emissions that normally are
controlled by the CCCD, if any, the owner or operator must continue to
comply with the requirements in Sec. Sec. 63.1255(b)(4)(ii) and
63.1256(h), respectively, using other control devices during the planned
routine maintenance period for the CCCD.
(2) During the planned routine maintenance period, the owner or
operator must route emissions from process vents with organic HAP
emissions greater than 15 pounds per day (lb/day)
[[Page 135]]
through a closed-vent system to a condenser that meets the conditions
specified in paragraphs (h)(2)(i) through (iii) of this section.
(i) The outlet gas temperature must be less than -50 [deg]C (-58
[deg]F) when the emission stream contains organic HAP with a partial
pressure greater than 20 kPa (2.9 psia).
(ii) The outlet gas temperature must be less than -5 [deg]C (23
[deg]F) when the emission stream contains organic HAP with a partial
pressure less than or equal to 20 kPa (2.9 psia).
(iii) The HAP partial pressures in paragraphs (h)(2)(i) and (ii) of
this section must be determined at 25 [deg]C.
(3) The owner or operator must route HCl emissions from process
vents with HCl emissions greater than 15 lb/day through a closed-vent
system to a caustic scrubber, and the pH of the scrubber effluent must
be maintained at or above 9.
(4) For the purposes of the emission calculations required in
paragraphs (h)(2) and (3) of this section, the term ``process vent''
shall mean each vent from a unit operation. The emission calculation
shall not be performed on the aggregated emission stream from multiple
unit operations that are manifolded together into a common header. Once
an affected process vent has been controlled in accordance with this
section, it is no longer subject to the requirements of this section or
Sec. 63.1254 during the routine maintenance period.
(5) The total period of planned routine maintenance, during which
non-dedicated PMPU's that are normally controlled by the CCCD continue
to operate, and process vent emissions are controlled as specified in
paragraphs (h)(2) and (3) of this section, must not exceed 240 hours in
any 365-day period.
(6) While being controlled as specified in paragraphs (h)(2) and (3)
of this section, the process vents may not be used in emissions
averaging.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52600, Aug. 29, 2000;
66 FR 40131, Aug. 2, 2001]
Sec. 63.1253 Standards: Storage tanks.
(a) Except as provided in paragraphs (d), (e), and (f) of this
section, the owner or operator of a storage tank meeting the criteria of
paragraph (a)(1) of this section is subject to the requirements of
paragraph (b) of this section. Except as provided in paragraphs (d),
(e), and (f) of this section, the owner or operator of a storage tank
meeting the criteria of paragraph (a)(2) of this section is subject to
the requirements of paragraph (c) of this section. Compliance with the
provisions of paragraphs (b) and (c) of this section is demonstrated
using the initial compliance procedures in Sec. 63.1257(c) and the
monitoring requirements in Sec. 63.1258.
(1) A storage tank with a design capacity greater than or equal to
38 m\3\ but less than 75 m\3\ storing a liquid for which the maximum
true vapor pressure of total HAP is greater than or equal to 13.1 kPa.
(2) A storage tank with a design capacity greater than or equal to
75 m\3\ storing a liquid for which the maximum true vapor pressure of
total HAP is greater than or equal to 13.1 kPa.
(b) The owner or operator of a storage tank shall equip the affected
storage tank with either a fixed roof with internal floating roof, an
external floating roof, an external floating roof converted to an
internal floating roof, or a closed-vent system meeting the conditions
of Sec. 63.1252(b) with a control device that meets any of the
following conditions:
(1) Reduces inlet emissions of total HAP by 90 percent by weight or
greater;
(2) Reduces emissions to outlet concentrations less than or equal to
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and
halogens;
(3) Is an enclosed combustion device that provides a minimum
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
(4) Is a flare that meets the requirements of Sec. 63.11(b); or
(5) Is a control device specified in Sec. 63.1257(a)(4).
(c) The owner or operator of a storage tank shall equip the affected
storage tank with either a fixed roof with internal floating roof, an
external floating roof, an external floating roof converted to an
internal floating roof, or a closed-vent system meeting the conditions
of Sec. 63.1252(b) with a control
[[Page 136]]
device that meets any of the following conditions:
(1) Reduces inlet emissions of total HAP as specified in paragraph
(c)(1) (i) or (ii) of this section:
(i) By 95 percent by weight or greater; or (ii) If the owner or
operator can demonstrate that a control device installed on a storage
tank on or before April 2, 1997 is designed to reduce inlet emissions of
total HAP by greater than or equal to 90 percent by weight but less than
95 percent by weight, then the control device is required to be operated
to reduce inlet emissions of total HAP by 90 percent or greater.
(2) Reduces emissions to outlet concentrations less than or equal to
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and
halogens;
(3) Is an enclosed combustion device that provides a minimum
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
(4) Is a flare that meets the requirements of Sec. 63.11(b); or
(5) Is a control device specified in Sec. 63.1257(a)(4).
(d) As an alternative standard, the owner or operator of an existing
or new affected source may comply with the storage tank standards by
routing storage tank vents to a combustion control device achieving an
outlet TOC concentration, as calibrated on methane or the predominant
HAP, of 20 ppmv or less, and an outlet concentration of hydrogen halides
and halogens of 20 ppmv or less. If the owner or operator is routing
emissions to a noncombustion control device, it must achieve an outlet
TOC concentration, as calibrated on methane or the predominant HAP, of
50 ppmv or less, and an outlet concentration of hydrogen halides and
halogens of 50 ppmv or less. Compliance with the outlet concentrations
shall be determined by the initial compliance procedures of Sec.
63.1257(c)(4) and the continuous emission monitoring requirements of
Sec. 63.1258(b)(5).
(e) Planned routine maintenance. The specifications and requirements
in paragraphs (b) through (d) of this section for control devices do not
apply during periods of planned routine maintenance. Periods of planned
routine maintenance of the control devices (including CCCD subject to
Sec. 63.1252(h)), during which the control device does not meet the
specifications of paragraphs (b) through (d) of this section, as
applicable, shall not exceed 240 hours in any 365-day period. The owner
or operator may submit an application to the Administrator requesting an
extension of this time limit to a total of 360 hours in any 365-day
period. The application must explain why the extension is needed, it
must specify that no material will be added to the storage tank between
the time the 240-hour limit is exceeded and the control device is again
operational, and it must be submitted at least 60 days before the 240-
hour limit will be exceeded.
(f) Vapor balancing alternative. As an alternative to the
requirements in paragraphs (b) and (c) of this section, the owner or
operator of an existing or new affected source may implement vapor
balancing in accordance with paragraphs (f)(1) through (7) of this
section.
(1) The vapor balancing system must be designed and operated to
route organic HAP vapors displaced from loading of the storage tank to
the railcar or tank truck from which the storage tank is filled.
(2) Tank trucks and railcars must have a current certification in
accordance with the U.S. Department of Transportation (DOT) pressure
test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31
for railcars.
(3) Hazardous air pollutants must only be unloaded from tank trucks
or railcars when vapor collection systems are connected to the storage
tank's vapor collection system.
(4) No pressure relief device on the storage tank, or on the
railcar, or tank truck shall open during loading or as a result of
diurnal temperature changes (breathing losses).
(5) Pressure relief devices on affected storage tanks must be set to
no less than 2.5 psig at all times to prevent breathing losses. The
owner or operator shall record the setting as specified in Sec.
63.1259(b)(12) and comply with the requirements for each pressure relief
valve in paragraphs (f)(5)(i) through (iii) of this section:
[[Page 137]]
(i) The pressure relief valve shall be monitored quarterly using the
method described in Sec. 63.180(b).
(ii) An instrument reading of 500 ppmv or greater defines a leak.
(iii) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 5 days after it is detected, and the
owner or operator shall comply with the recordkeeping requirements of
Sec. 63.1255(g)(4)(i) through (iv).
(6) Railcars or tank trucks that deliver HAP to an affected storage
tank must be reloaded or cleaned at a facility that utilizes one of the
control techniques in paragraph (f)(6)(i) through (ii) of this section:
(i) The railcar or tank truck must be connected to a closed-vent
system with a control device that reduces inlet emissions of HAP by 90
percent by weight or greater; or
(ii) A vapor balancing system designed and operated to collect
organic HAP vapor displaced from the tank truck or railcar during
reloading must be used to route the collected HAP vapor to the storage
tank from which the liquid being transferred originated.
(7) The owner or operator of the facility where the railcar or tank
truck is reloaded or cleaned must comply with the requirements in
paragraph (f)(7)(i) through (iii) of this section:
(i) Submit to the owner or operator of the affected storage tank and
to the Administrator a written certification that the reloading or
cleaning facility will meet the requirements of this section. The
certifying entity may revoke the written certification by sending a
written statement to the owner or operator of the affected storage tank
giving at least 90 days notice that the certifying entity is rescinding
acceptance of responsibility for compliance with the requirements of
this paragraph (b)(7).
(ii) If complying with paragraph (f)(6)(i) of this section,
demonstrate initial compliance in accordance with Sec. 63.1257(c),
demonstrate continuous compliance in accordance with Sec. 63.1258, keep
records as specified in Sec. 63.1259, and prepare reports as specified
in Sec. 63.1260.
(iii) If complying with paragraph (f)(6)(ii) of this section, keep
records of:
(A) The equipment to be used and the procedures to be followed when
reloading the railcar or tank truck and displacing vapors to the storage
tank from which the liquid originates, and
(B) Each time the vapor balancing system is used to comply with
paragraph (f)(6)(ii) of this section.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52601, Aug. 29, 2000;
66 FR 40132, Aug. 2, 2001; 70 FR 25669, May 13, 2005]
Sec. 63.1254 Standards: Process vents.
(a) Existing sources. For each process, the owner or operator of an
existing affected source must comply with the requirements in paragraphs
(a)(1) and (3) of this section or paragraphs (a)(2) and (3) of this
section. Initial compliance with the required emission limits or
reductions in paragraphs (a)(1) through (3) of this section is
demonstrated in accordance with the initial compliance procedures
described in Sec. 63.1257(d), and continuous compliance is demonstrated
in accordance with the monitoring requirements described in Sec.
63.1258.
(1) Process-based emission reduction requirement. (i) Uncontrolled
HAP emissions from the sum of all process vents within a process that
are not subject to the requirements of paragraph (a)(3) of this section
shall be reduced by 93 percent or greater by weight, or as specified in
paragraph (a)(1)(ii) of this section. Notification of changes in the
compliance method shall be reported according to the procedures in Sec.
63.1260(h).
(ii) Any one or more vents within a process may be controlled in
accordance with any of the procedures in paragraphs (a)(1)(ii)(A)
through (D) of this section. All other vents within the process must be
controlled as specified in paragraph (a)(1)(i) of this section.
(A) To outlet concentrations less than or equal to 20 ppmv as TOC
and less than or equal to 20 ppmv as hydrogen halides and halogens;
(B) By a flare that meets the requirements of Sec. 63.11(b);
(C) By a control device specified in Sec. 63.1257(a)(4); or
(D) In accordance with the alternative standard specified in
paragraph (c) of this section.
[[Page 138]]
(2) Process-based annual mass limit. (i) Actual HAP emissions from
the sum of all process vents within a process must not exceed 900
kilograms (kg) in any 365-day period.
(ii) Actual HAP emissions from the sum of all process vents within
processes complying with paragraph (a)(2)(i) of this section are limited
to a maximum of 1,800 kg in any 365-day period.
(iii) Emissions from vents that are subject to the requirements of
paragraph (a)(3) of this section and emissions from vents that are
controlled in accordance with the procedures in paragraph (c) of this
section may be excluded from the sums calculated in paragraphs (a)(2)(i)
and (ii) of this section.
(iv) The owner or operator may switch from compliance with paragraph
(a)(2) of this section to compliance with paragraph (a)(1) of this
section only after at least 1 year of operation in compliance with
paragraph (a)(2) of this section. Notification of such a change in the
compliance method shall be reported according to the procedures in Sec.
63.1260(h).
(3) Individual vent emission reduction requirements. (i) Except as
provided in paragraph (a)(3)(ii) of this section, uncontrolled HAP
emissions from a process vent must be reduced by 98 percent or in
accordance with any of the procedures in paragraphs (a)(1)(ii)(A)
through (D) of this section if the uncontrolled HAP emissions from the
vent exceed 25 tons per year, and the flow-weighted average flowrate
(FRa) calculated using Equation 1 of this subpart is less than or equal
to the flowrate index (FRI) calculated using Equation 2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.000
[GRAPHIC] [TIFF OMITTED] TR29AU00.001
Where:
FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FRI = flowrate index, scfm
HL = annual uncontrolled HAP emissions, lb/yr, as defined in Sec.
63.1251
(ii) Grandfathering provisions. As an alternative to the
requirements in paragraph (a)(3)(i) of this section, the owner or
operator may comply with the provisions in paragraph (a)(3)(ii)(A), (B),
or (C) of this section, if applicable.
(A) Control device operation. If the owner or operator can
demonstrate that a process vent is controlled by a control device
meeting the criteria specified in paragraph (a)(3)(ii)(A)(1) of this
section, then the control device is required to be operated according to
paragraphs (a)(3)(ii)(A)(2), (3), and (4) of this section:
(1) The control device was installed on any process vent that met
the conditions of paragraph (a)(3)(i) of this section on or before April
2, 1997, and was operated to reduce uncontrolled emissions of total HAP
by greater than or equal to 93 percent by weight, but less than 98
percent by weight;
(2) The device must be operated to reduce inlet emissions of total
HAP by 93 percent or by the percent reduction specified for that control
device in any preconstruction permit issued pursuant to regulations
approved or promulgated through rulemaking under title I (including
parts C or D) of the Clean Air Act, whichever is greater;
(3) The device must be replaced or upgraded to achieve at least 98
percent reduction of HAP or meet any of the conditions specified in
paragraphs (a)(1)(ii)(A) through (D) of this section upon reconstruction
or replacement.
(4) The device must be replaced or upgraded to achieve at least 98
percent reduction of HAP or meet any of the conditions specified in
paragraphs (a)(1)(ii)(A) through (D) of this section by April 2, 2007,
or 15 years after issuance of the preconstruction permit, whichever is
later.
(B) Process operations. If a process meets all of the conditions
specified in paragraphs (a)(3)(ii)(B)(1) through (3) of this section,
the required level of control for the process is the level that was
achieved on or before April 2, 1997. This level of control is
demonstrated using the same procedures that are
[[Page 139]]
used to demonstrate compliance with paragraph (a)(1) of this section.
(1) At least one vent in the process met the conditions of paragraph
(a)(3)(i) of this section on or before April 2, 1997; and
(2) The overall control for the process on or before April 2, 1997
was greater than or equal to 93 percent by weight, but less than 98
percent by weight; and
(3) The production-indexed HAP consumption factor for the 12-month
period in which the process was operated prior to the compliance date is
less than one-half of the 3-year average baseline value established no
earlier than the 1987 through 1989 calendar years.
(C) Hydrogenation vents. Processes meeting the conditions of
paragraphs (a)(3)(ii)(C)(1) through (3) of this section are required to
be operated to maintain the level of control achieved on or before April
2, 1997. For all other processes meeting the conditions of paragraph
(a)(3)(ii)(C)(3) of this section, uncontrolled HAP emissions from the
sum of all process vents within the process must be reduced by 95
percent or greater by weight.
(1) Processes containing a process vent that met the conditions of
paragraph (a)(3)(i) of this section on or before April 2, 1997; and
(2) Processes that are controlled to greater than or equal to 93
percent by weight, but less than 98 percent by weight; and
(3) Processes with a hydrogenation vent that, in conjunction with
all other process vents from the process that do not meet the conditions
of paragraph (a)(3)(i) of this section, cannot meet the requirements of
paragraph (a)(1) or (2) of this section.
(4) Planned routine maintenance. For each PMPU that is controlled
with a CCCD, the owner or operator must comply with the provisions
specified in either paragraph (a)(4)(i), (ii), or (iii) of this section
during periods of planned routine maintenance of the CCCD. The owner or
operator is not required to comply with the same provision for all of
the PMPU's controlled by the CCCD.
(i) Shutdown the affected process.
(ii) Comply with the requirements of paragraphs (a)(1) through (3)
of this section by using other means.
(iii) For a non-dedicated PMPU, implement the procedures described
in paragraphs (a)(4)(iii)(A) through (C) of this section for those
process vents that are normally controlled by the CCCD. This option is
not available for process vents from dedicated PMPU's.
(A) If the owner or operator uses a CCCD to comply with the 93
percent reduction requirement in paragraph (a)(1)(i) or (ii) of this
section, the outlet concentration limit in paragraph (a)(1)(ii)(A) of
this section, the alternative standard as specified in paragraphs
(a)(1)(ii)(D) and (c) of this section, or the annual mass limit in
paragraph (a)(2) of this section, implement the provisions in Sec.
63.1252(h) during planned routine maintenance of the CCCD.
(B) If the owner or operator reduces HAP emissions from process
vents by using a CCCD that is also a control device specified in Sec.
63.1257(a)(4), implement the provisions in Sec. 63.1252(h) during
planned routine maintenance of the CCCD.
(C) If the owner or operator uses a CCCD to reduce emissions from a
process vent subject to paragraph (a)(3) of this section, implement the
planned routine maintenance provisions in Sec. 63.1252(h) for that vent
only if the reason the planned routine maintenance is needed, and the
reason it cannot be performed at a time when the vent subject to
paragraph (a)(3) of this section is not operating, has been described in
the Notification of Compliance Status Report or a periodic report
submitted before the planned routine maintenance event.
(b) New sources. (1) Except as provided in paragraph (b)(2) of this
section, uncontrolled HAP emissions from the sum of all process vents
within a process at a new affected source shall be reduced by 98 percent
or greater by weight or controlled in accordance with any of
requirements of paragraphs (a)(1)(ii)(A) through (D) of this section.
Initial compliance with the required emission limit or reduction is
demonstrated in accordance with the initial compliance procedures in
Sec. 63.1257(d), and continuous compliance is demonstrated in
accordance with the monitoring requirements described in Sec. 63.1258.
[[Page 140]]
(2) Annual mass limit. The actual HAP emissions from the sum of all
process vents for which the owner or operator is not complying with
paragraph (b)(1) of this section are limited to 900 kg in any 365-day
period.
(c) Alternative standard. As an alternative standard, the owner or
operator of an existing or new affected source may comply with the
process vent standards by routing vents from a process to a combustion
control device achieving an outlet TOC concentration, as calibrated on
methane or the predominant HAP, of 20 ppmv or less, and an outlet
concentration of hydrogen halides and halogens of 20 ppmv or less. If
the owner or operator is routing emissions to a noncombustion control
device, it must achieve an outlet TOC concentration, as calibrated on
methane or the predominant HAP, of 50 ppmv or less, and an outlet
concentration of hydrogen halides and halogens of 50 ppmv or less. Any
process vents within a process that are not routed to this control
device must be controlled in accordance with the provisions of paragraph
(a) or (b) of this section, as applicable. Initial compliance with the
outlet concentrations is demonstrated in accordance with the initial
compliance procedures described in Sec. 63.1257(d)(1)(iv), and
continuous compliance is demonstrated in accordance with the emission
monitoring requirements described in Sec. 63.1258(b)(5).
[65 FR 52601, Aug. 29, 2000, as amended at 66 FR 40132, Aug. 2, 2001]
Sec. 63.1255 Standards: Equipment leaks.
(a) General equipment leak requirements. (1) The provisions of this
section apply to pumps, compressors, agitators, pressure relief devices,
sampling connection systems, open-ended valves or lines, valves,
connectors, instrumentation systems, control devices, and closed-vent
systems required by this section that are intended to operate in organic
hazardous air pollutant service 300 hours or more during the calendar
year within a source subject to the provisions of this subpart.
(2) Consistency with other regulations. After the compliance date
for a process, equipment subject to both this section and either of the
following will be required to comply only with the provisions of this
subpart:
(i) 40 CFR part 60.
(ii) 40 CFR part 61.
(3) [Reserved]
(4) The provisions in Sec. 63.1(a)(3) of subpart A of this part do
not alter the provisions in paragraph (a)(2) of this section.
(5) Lines and equipment not containing process fluids are not
subject to the provisions of this section. 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.
(6) The provisions of this section do not apply to bench-scale
processes, regardless of whether the processes are located at the same
plant site as a process subject to the provisions of this subpart.
(7) Equipment to which this section applies shall be identified such
that it can be distinguished readily from equipment that is not subject
to this section. Identification of the equipment does not require
physical tagging of the equipment. For example, the equipment may be
identified on a plant site plan, in log entries, or by designation of
process boundaries by some form of weatherproof identification. If
changes are made to the affected source subject to the leak detection
requirements, equipment identification for each type of component shall
be updated, if needed, within 90 calendar days or by the next Periodic
Report following the end of the monitoring period for that component,
whichever is later.
(8) Equipment that is in vacuum service is excluded from the
requirements of this section.
(9) Equipment that is in organic HAP service, but is in such service
less than 300 hours per calendar year, is excluded from the requirements
of this section if it is identified as required in paragraph (g)(9) of
this section.
(10) When each leak is detected by visual, audible, or olfactory
means, or by monitoring as described in Sec. 63.180(b) or (c), the
following requirements apply:
[[Page 141]]
(i) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(ii) The identification on a valve in light liquid or gas/vapor
service may be removed after it has been monitored as specified in
paragraph (e)(7)(iii) of this section, and no leak has been detected
during the follow-up monitoring.
(iii) The identification on equipment, except on a valve in light
liquid or gas/vapor service, may be removed after it has been repaired.
(11) Except as provided in paragraph (a)(11)(i) of this section, all
terms in this subpart that define a period of time for completion of
required tasks (e.g., weekly, monthly, quarterly, annual) refer to the
standard calendar periods unless specified otherwise in the section or
paragraph that imposes the requirement.
(i) If the initial compliance date does not coincide with the
beginning of the standard calendar period, an owner or operator may
elect to utilize a period beginning on the compliance date, or may elect
to comply in accordance with the provisions of paragraph (a)(11)(ii) or
(iii) of this section.
(ii) Time periods specified in this subpart for completion of
required tasks may be changed by mutual agreement between the owner or
operator and the Administrator, as specified in subpart A of this part.
For each time period that is changed by agreement, the revised period
shall remain in effect until it is changed. A new request is not
necessary for each recurring period.
(iii) Except as provided in paragraph (a)(11)(i) or (ii) of this
section, where the period specified for compliance is a standard
calendar period, if the initial compliance date does not coincide with
the beginning of the calendar period, compliance shall be required
according to the schedule specified in paragraph (a)(11)(iii)(A) or (B)
of this section, as appropriate.
(A) Compliance shall be required before the end of the standard
calendar period within which the initial compliance date occurs if there
remain at least 3 days for tasks that must be performed weekly, at least
2 weeks for tasks that must be performed monthly, at least 1 month for
tasks that must be performed each quarter, or at least 3 months for
tasks that must be performed annually; or
(B) In all other cases, compliance shall be required before the end
of the first full standard calendar period after the period within which
the initial compliance date occurs.
(iv) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during each
period, provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
(12) 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 section to fail to take action to
repair the leaks within the specified time. If action is taken to repair
the leaks within the specified time, failure of that action to
successfully repair the leak is not a violation of this section.
However, if the repairs are unsuccessful, a leak is detected and the
owner or operator shall take further action as required by applicable
provisions of this section.
(b) References. (1) The owner or operator of a source subject to
this section shall comply with the provisions of subpart H of this part,
as specified in paragraphs (b)(2) through (4) of this section. The term
``process unit'' as used in subpart H of this part shall be considered
to be defined the same as ``group of processes'' for sources subject to
this subpart GGG. The term ``fuel gas system,'' as used in subpart H of
this part, shall not apply for the purposes of this subpart GGG.
(2) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170,
63.173, 63.175, 63.176, 63.181, and 63.182 shall not apply for the
purposes of this subpart GGG. The owner or operator shall comply with
the provisions specified in paragraphs (b)(2)(i) through (viii) of this
section.
(i) Sections 63.160 and 63.162 shall not apply; instead, the owner
or operator shall comply with paragraph (a) of this section;
[[Page 142]]
(ii) Section 63.161 shall not apply; instead, the owner or operator
shall comply with Sec. 63.1251;
(iii) Sections 63.163 and 63.173 shall not apply; instead, the owner
or operator shall comply with paragraph (c) of this section;
(iv) Section 63.167 shall not apply; instead, the owner or operator
shall comply with paragraph (d) of this section;
(v) Section 63.168 shall not apply; instead, the owner or operator
shall comply with paragraph (e) of this section;
(vi) Section 63.170 shall not apply; instead, the owner or operator
shall comply with Sec. 63.1254;
(vii) Section 63.181 shall not apply; instead, the owner or operator
shall comply with paragraph (g) of this section; and
(viii) Section 63.182 shall not apply; instead, the owner or
operator shall comply with paragraph (h) of this section.
(3) The owner or operator shall comply with Sec. Sec. 63.164,
63.165, 63.166, 63.169, 63.177, and 63.179 in their entirety, except
that when these sections reference other sections of subpart H of this
part, the references shall mean the sections specified in paragraphs
(b)(2) and (4) of this section. Section 63.164 applies to compressors.
Section 63.165 applies to pressure relief devices in gas/vapor service.
Section 63.166 applies to sampling connection systems. Section 63.169
applies to pumps, valves, connectors, and agitators in heavy liquid
service; instrumentation systems; and pressure relief devices in liquid
service. Section 63.177 applies to general alternative means of emission
limitation. Section 63.179 applies to alternative means of emission
limitation for enclosed-vented process units.
(4) The owner or operator shall comply with Sec. Sec. 63.171,
63.172, 63.174, 63.178, and 63.180, except as specified in paragraphs
(b)(4)(i) through (vi) of this section.
(i) Section 63.171 shall apply, except Sec. 63.171(a) shall not
apply. Instead, delay of repair of equipment for which leaks have been
detected is allowed if one of the conditions in paragraphs (b)(4)(i)(A)
through (B) exists:
(A) The repair is technically infeasible without a process shutdown.
Repair of this equipment shall occur by the end of the next scheduled
process shutdown.
(B) The owner or operator determines that repair personnel would be
exposed to an immediate danger if attempting to repair without a process
shutdown. Repair of this equipment shall occur by the end of the next
scheduled process shutdown.
(ii) Section 63.172 shall apply for closed-vent systems used to
comply with this section, and for control devices used to comply with
this section only, except:
(A) Section 63.172(k) and (l) shall not apply. The owner or operator
shall instead comply with paragraph (f) of this section.
(B) Owners or operators may, instead of complying with the
provisions of Sec. 63.172(f), design a closed-vent system 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
associated control device is operating.
(C) The requirements apply at all times, except as specified in
Sec. 63.1250(g). The owner or operator may not comply with the planned
routine maintenance provisions in Sec. 63.1252(h).
(iii) Section 63.174 shall apply except:
(A) Section 63.174(f), (g), and (h) shall not apply. Instead of
Sec. 63.174(f), (g), and (h), the owner or operator shall comply with
paragraph (f) of this section. Section 63.174(b)(3) shall not apply.
Instead of Sec. 63.174(b)(3), the owner or operator shall comply with
paragraphs (b)(4)(iii)(B) through (F) of this section.
(B) If the percent leaking connectors in a group of processes was
greater than or equal to 0.5 percent during the initial monitoring
period, monitoring shall be performed once per year until the percent
leaking connectors is less than 0.5 percent.
(C) If the percent leaking connectors in the group of processes was
less than 0.5 percent, but equal to or greater than 0.25 percent, during
the initial or last required monitoring period, the owner or operator
may elect to monitor once every 4 years. An owner or
[[Page 143]]
operator may comply with the requirements of this paragraph by
monitoring at least 40 percent of the connectors in the first 2 years
and the remainder of the connectors within the next 2 years. The percent
leaking connectors will be calculated for the total of all required
monitoring performed during the 4-year period.
(D) Except as provided in paragraph (b)(4)(iii)(B) of this section,
if leaking connectors comprise at least 0.5 percent but less than 1.0
percent of the connectors during the last monitoring period, the owner
or operator shall monitor at least once every 2 years for the next
monitoring period. At the end of that 2-year monitoring period, if the
percent leaking connectors is greater than or equal to 0.5 percent, the
owner or operator shall monitor once per year until the percent leaking
connectors is less than 0.5 percent. If, at the end of a monitoring
period, the percent leaking connectors is less than 0.5 percent, the
owner or operator shall monitor in accordance with paragraph
(b)(4)(iii)(C) or (F) of this section, as appropriate.
(E) If an owner or operator determines that 1 percent or greater of
the connectors in a group of processes are leaking, the owner or
operator shall monitor the connectors once per year. The owner or
operator may elect to use the provisions of paragraph (b)(4)(iii)(C),
(D), or (F) of this section, as appropriate, after a monitoring period
in which less than 1 percent of the connectors are determined to be
leaking.
(F) The owner or operator may elect to perform monitoring once every
8 years if the percent leaking connectors in the group of processes was
less than 0.25 percent during the initial or last required monitoring
period. An owner or operator shall monitor at least 50 percent of the
connectors in the first 4 years and the remainder of the connectors
within the next 4 years. If the percent leaking connectors in the first
4 years is equal to or greater than 0.35 percent, the monitoring program
shall revert at that time to the appropriate monitoring frequency
specified in paragraph (b)(4)(iii)(C), (D), or (E) of this section.
(iv) Section 63.178 shall apply except:
(A) Section 63.178(b), requirements for pressure testing, may be
applied to all processes (not just batch processes) and to supply lines
between storage and processing areas.
(B) For pumps, the phrase ``at the frequencies specified in Table 1
of this subpart'' in Sec. 63.178(c)(3)(iii) shall mean ``quarterly''
for the purposes of this subpart.
(v) Section 63.180 shall apply except Sec. 63.180(b)(4)(ii)(A)
through (C) shall not apply. Instead, calibration gases shall be a
mixture of methane and air at a concentration of approximately, but less
than, 10,000 parts per million methane for agitators; 2,000 parts per
million for pumps; and 500 parts per million for all other equipment,
except as provided in Sec. 63.180(b)(4)(iii).
(vi) When Sec. Sec. 63.171, 63.172, 63.174, 63.178, and 63.180
reference other sections in subpart H of this part, the references shall
mean those sections specified in paragraphs (b)(2) and (b)(4)(i) through
(v) of this section, as applicable.
(c) Standards for pumps in light liquid service and agitators in
gas/vapor service and in light liquid service. (1) The provisions of
this section apply to each pump that is in light organic HAP liquid
service, and to each agitator in organic HAP gas/vapor service or in
light organic HAP liquid service.
(2)(i) Monitoring. Each pump and agitator subject to this section
shall be monitored quarterly to detect leaks by the method specified in
Sec. 63.180(b) except as provided in Sec. Sec. 63.177, 63.178,
paragraph (f) of this section, and paragraphs (c)(5) through (9) of this
section.
(ii) Leak definition. The instrument reading, as determined by the
method as specified in Sec. 63.180(b), that defines a leak is:
(A) For agitators, an instrument reading of 10,000 parts per million
or greater.
(B) For pumps, an instrument reading of 2,000 parts per million or
greater.
(iii) Visual Inspections. Each pump and agitator shall be checked by
visual inspection each calendar week for indications of liquids dripping
from the pump or agitator seal. If there are indications of liquids
dripping from the pump or agitator seal at the time of
[[Page 144]]
the weekly inspection, the owner or operator shall follow the procedure
specified in either paragraph (c)(2)(iii)(A) or (B) of this section
prior to the next weekly inspection.
(A) The owner or operator shall monitor the pump or agitator by the
method specified in Sec. 63.180(b). If the instrument reading indicates
a leak as specified in paragraph (c)(2)(ii) of this section, a leak is
detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(3) Repair provisions. (i) When a leak is detected pursuant to
paragraph (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of
this section, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in
paragraph (b)(4)(i) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices where
practicable:
(A) Tightening of packing gland nuts.
(B) Ensuring that the seal flush is operating at design pressure and
temperature.
(4) Calculation of percent leakers. (i) The owner or operator shall
decide no later than the end of the first monitoring period what groups
of processes will be developed. Once the owner or operator has decided,
all subsequent percent calculations shall be made on the same basis.
(ii) If, calculated on a 1-year rolling average, the greater of
either 10 percent or three of the pumps in a group of processes leak,
the owner or operator shall monitor each pump once per month, until the
calculated 1-year rolling average value drops below 10 percent or three
pumps, as applicable.
(iii) The number of pumps in a group of processes shall be the sum
of all the pumps in organic HAP service, except that pumps found leaking
in a continuous process within 1 quarter after startup of the pump shall
not count in the percent leaking pumps calculation for that one
monitoring period only.
(iv) Percent leaking pumps shall be determined by the following
Equation 3:
%PL = [(PL--PS)/(PT--
PS)] x 100 (Eq. 3)
Where:
%PL = percent leaking pumps
PL = number of pumps found leaking as determined through
periodic monitoring as required in paragraphs (c)(2)(i) and
(ii) of this section.
PT = total pumps in organic HAP service, including those
meeting the criteria in paragraphs (c)(5) and (6) of this
section.
PS = number of pumps in a continuous process leaking within 1
quarter of startup during the current monitoring period.
(5) Exemptions. Each pump or agitator equipped with a dual
mechanical seal system that includes a barrier fluid system is exempt
from the requirements of paragraphs (c)(1) through (c)(4)(iii) of this
section, provided the following requirements are met:
(i) Each dual mechanical seal system is:
(A) Operated with the barrier fluid at a pressure that is at all
times greater than the pump/agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
connected by a closed-vent system to a control device that complies with
the requirements of paragraph (b)(4)(ii) of this section; 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 pump/agitator is checked by visual inspection each
calendar week for indications of liquids dripping from the pump/agitator
seal. If there are indications of liquids dripping from the pump or
agitator seal at the time of the weekly inspection, the owner or
operator shall follow the procedures specified in either paragraph
(c)(5)(iv)(A) or (B) of this section prior to the next required
inspection.
(A) The owner or operator shall monitor the pump or agitator using
the method specified in Sec. 63.180(b) to determine if there is a leak
of organic HAP in the barrier fluid. If the instrument reading indicates
a leak, as specified in
[[Page 145]]
paragraph (c)(2)(ii) of this section, a leak is detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (c)(5)(iii) 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.
(vi)(A) 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 indicate failure
of the seal system, the barrier fluid system, or both.
(B) If indications of liquids dripping from the pump/agitator seal
exceed the criteria established in paragraph (c)(5)(vi)(A) of this
section, or if, based on the criteria established in paragraph
(c)(5)(vi)(A) of this section, the sensor indicates failure of the seal
system, the barrier fluid system, or both, a leak is detected.
(vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or
(B) of this section, the leak must be repaired as specified in paragraph
(c)(3) of this section.
(6) Any pump/agitator that is designed with no externally actuated
shaft penetrating the pump/agitator housing is exempt from the
requirements of paragraphs (c)(1) through (3) of this section.
(7) Any pump/agitator equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals back to
the process or to a control device that complies with the requirements
of paragraph (b)(4)(ii) of this section is exempt from the requirements
of paragraphs (c)(2) through (5) of this section.
(8) Any pump/agitator that is located within the boundary of an
unmanned plant site is exempt from the weekly visual inspection
requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section,
and the daily requirements of paragraph (c)(5)(v) of this section,
provided that each pump/agitator is visually inspected as often as
practicable and at least monthly.
(9) If more than 90 percent of the pumps in a group of processes
meet the criteria in either paragraph (c)(5) or (6) of this section, the
group of processes is exempt from the requirements of paragraph (c)(4)
of this section.
(d) Standards: Open-ended valves or lines. (1)(i) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Sec. 63.177 and paragraphs (d)(4)
through (6) of this section.
(ii) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line, or during maintenance or
repair. The cap, blind flange, plug, or second valve shall be in place
within 1 hour of cessation of operations requiring process fluid flow
through the open-ended valve or line, or within 1 hour of cessation of
maintenance or repair. The owner or operator is not required to keep a
record documenting compliance with the 1-hour requirement.
(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 (d)(1) of
this section at all other times.
(4) Open-ended valves or lines in an emergency shutdown system which
are designed to open automatically in the event of a process upset are
exempt from the requirements of paragraphs (d)(1) through (d)(3) of this
section.
(5) Open-ended valves or lines containing materials which would
autocatalytically polymerize are exempt from the requirements of
paragraphs (d)(1) through (d)(3) of this section.
(6) Open-ended valves or lines containing materials which could
cause an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraphs (d)(1) through (d)(3) of this section are exempt from the
requirements of paragraphs (d)(1) through (d)(3) of this section.
[[Page 146]]
(e) Standards: Valves in gas/vapor service and in light liquid
service. (1) The provisions of this section apply to valves that are
either in gas organic HAP service or in light liquid organic HAP
service.
(2) For existing and new affected sources, all valves subject to
this section shall be monitored, except as provided in paragraph (f) of
this section and in Sec. 63.177, by no later than 1 year after the
compliance date.
(3) Monitoring. The owner or operator of a source subject to this
section shall monitor all valves, except as provided in paragraph (f) of
this section and in Sec. 63.177, at the intervals specified in
paragraph (e)(4) of this section and shall comply with all other
provisions of this section, except as provided in paragraph (b)(4)(i) of
this section, Sec. Sec. 63.178 and 63.179.
(i) The valves shall be monitored to detect leaks by the method
specified in Sec. 63.180(b).
(ii) An instrument reading of 500 parts per million or greater
defines a leak.
(4) Subsequent monitoring frequencies. After conducting the initial
survey required in paragraph (e)(2) of this section, the owner or
operator shall monitor valves for leaks at the intervals specified
below:
(i) For a group of processes with 2 percent or greater leaking
valves, calculated according to paragraph (e)(6) of this section, the
owner or operator shall monitor each valve once per month, except as
specified in paragraph (e)(9) of this section.
(ii) For a group of processes with less than 2 percent leaking
valves, the owner or operator shall monitor each valve once each
quarter, except as provided in paragraphs (e)(4)(iii) through (e)(4)(v)
of this section.
(iii) For a group of processes with less than 1 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 quarters.
(iv) For a group of processes with less than 0.5 percent leaking
valves, the owner or operator may elect to monitor each valve once every
4 quarters.
(v) For a group of processes with less than 0.25 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 years.
(5) Calculation of percent leakers. For a group of processes to
which this subpart applies, an owner or operator may choose to subdivide
the valves in the applicable group of processes and apply the provisions
of paragraph (e)(4) of this section to each subgroup. If the owner or
operator elects to subdivide the valves in the applicable group of
processes, then the provisions of paragraphs (e)(5)(i) through
(e)(5)(viii) of this section apply.
(i) The overall performance of total valves in the applicable group
of processes must be less than 2 percent leaking valves, as detected
according to paragraphs (e)(3) (i) and (ii) of this section and as
calculated according to paragraphs (e)(6) (ii) and (iii) of this
section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs (e)(5)(ii)
(A) through (C) of this section.
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than 1 year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least 1 year of
monitoring data has 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 the less frequently monitored
subgroup's monitoring event and associated next percent leaking valves
calculation for that group.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the period
of the less frequently monitored subgroup (e.g., for the last 12 months,
if the valve or group of valves is to be reassigned to a subgroup being
monitored annually).
[[Page 147]]
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 group of processes
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 group of processes is 2 percent leaking valves or
greater, the owner or operator shall revert to the program required in
paragraphs (e)(2) through (e)(4) of this section. The overall
performance of total valves in the applicable group of processes shall
be calculated as a weighted average of the percent leaking valves of
each subgroup according to the following Equation 4:
[GRAPHIC] [TIFF OMITTED] TR21SE98.002
where:
%VLO = overall performance of total valves in the applicable
process or group of processes
%VLi = percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs
(e)(6)(ii) and (iii) of this section
Vi = number of valves in subgroup i
(iv) Records. In addition to records required by paragraph (g) of
this section, the owner or operator shall maintain records specified in
paragraphs (e)(5)(iv)(A) through (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 and when they were reassigned, and
(D) The results of the semiannual overall performance calculation
required in paragraph (e)(5)(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 processes and the valves assigned to each subgroup.
(vi) Semiannual reports. In addition to the information required by
paragraph (h)(3) of this section, the owner or operator shall submit in
the periodic reports the information specified in paragraphs
(e)(5)(vi)(A) and (B) of this section.
(A) Valve reassignments occurring during the reporting period, and
(B) Results of the semiannual overall performance calculation
required by paragraph (e)(5)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (e)(6)(iii) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (e)(5)(i) and (e)(5)(iii) of this section, each subgroup
shall be treated as if it were a process for the purposes of applying
the provisions of this section.
(6)(i) The owner or operator shall decide no later than the
implementation date of this subpart or upon revision of an operating
permit how to group the processes. Once the owner or operator has
decided, all subsequent percentage calculations shall be made on the
same basis.
(ii) Percent leaking valves for each group of processes or subgroup
shall be determined by the following Equation 5:
%VL = [VL/VT] x 100 (Eq. 5)
Where:
%VL = percent leaking valves as determined through periodic
monitoring required in paragraphs (e)(2) through (4) of this
section.
VT = total valves monitored, in a monitoring period excluding
valves monitored as required by (e)(7)(iii) of this section
(iii) When determining monitoring frequency for each group of
processes or 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 group
of processes or 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
[[Page 148]]
valves from the last three monitoring periods.
(iv)(A) Nonrepairable valves shall be included in the calculation of
percent leaking valves the first time the valve is identified as leaking
and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B)
of this section. Otherwise, a number of nonrepairable valves (identified
and included in the percent leaking calculation in a previous period) up
to a maximum of 1 percent of the total number of valves in organic HAP
service at a process may be excluded from calculation of percent leaking
valves for subsequent monitoring periods.
(B) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in organic HAP service at a process, the number
of nonrepairable valves exceeding 1 percent of the total number of
valves in organic HAP service shall be included in the calculation of
percent leaking valves.
(7) Repair provisions. (i) 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 (b)(4)(i))
of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(iii) When a leak is repaired, the valve shall be monitored at least
once within the first 3 months after its repair. Days that the valve is
not in organic HAP service shall not be considered part of this 3 month
period. The monitoring required by this paragraph is in addition to the
monitoring required to satisfy the definitions of ``repaired'' and
``first attempt at repair.''
(A) The monitoring shall be conducted as specified in Sec.
63.180(b) and (c) as appropriate to determine whether the valve has
resumed leaking.
(B) Periodic monitoring required by paragraphs (e)(2) through (4) of
this section may be used to satisfy the requirements of paragraph
(e)(7)(iii) of this section, if the timing of the monitoring period
coincides with the time specified in paragraph (e)(7)(iii) of this
section. Alternatively, other monitoring may be performed to satisfy the
requirements of paragraph (e)(7)(iii) of this section, regardless of
whether the timing of the monitoring period for periodic monitoring
coincides with the time specified in paragraph (e)(7)(iii) of this
section.
(C) If a leak is detected by monitoring that is conducted pursuant
to paragraph (e)(7)(iii) of this section, the owner or operator shall
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this
section to determine whether that valve must be counted as a leaking
valve for purposes of paragraph (e)(6) of this section.
(1) If the owner or operator elects to use periodic monitoring
required by paragraphs (e)(2) through (4) of this section to satisfy the
requirements of paragraph (e)(7)(iii) of this section, then the valve
shall be counted as a leaking valve.
(2) If the owner or operator elects to use other monitoring prior to
the periodic monitoring required by paragraphs (e)(2) through (4) of
this section to satisfy the requirements of paragraph (e)(7)(iii) 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.
(8) First attempts at repair include, but are not limited to, the
following practices where practicable:
(i) Tightening of bonnet bolts,
(ii) Replacement of bonnet bolts,
(iii) Tightening of packing gland nuts, and
(iv) Injection of lubricant into lubricated packing.
(9) Any equipment located at a plant site with fewer than 250 valves
in organic HAP service in the affected source is exempt from the
requirements for monthly monitoring specified in paragraph (e)(4)(i) of
this section. Instead, the owner or operator shall monitor each valve in
organic HAP service for leaks once each quarter, or comply with
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided
in paragraph (f) of this section.
(f) Unsafe to monitor/inspect, difficult to monitor/inspect, and
inaccessible equipment. (1) Equipment that is designated as unsafe to
monitor, unsafe to inspect, difficult to monitor, difficult to inspect,
or inaccessible is exempt from
[[Page 149]]
the monitoring requirements as specified in paragraphs (f)(1)(i) through
(iv) of this section provided the owner or operator meets the
requirements specified in paragraph (f)(2), (3), or (4) of this section,
as applicable. All equipment must be assigned to a group of processes.
Ceramic or ceramic-lined connectors are subject to the same requirements
as inaccessible connectors.
(i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this
section do not apply.
(ii) For valves, paragraphs (e)(2) through (7) of this section do
not apply.
(iii) For connectors, Sec. 63.174(b) through (e) and paragraphs
(b)(4)(iii)(B) through (F) of this section do not apply.
(iv) For closed-vent systems, Sec. 63.172(f)(1) and (2) and Sec.
63.172(g) do not apply.
(2) Equipment that is unsafe to monitor or unsafe to inspect. (i)
Valves, connectors, agitators, and pumps may be designated as 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 referred to in paragraphs (f)(1)(i)
through (iii) of this section.
(ii) Any part of a closed-vent system may be designated as unsafe to
inspect 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 referred to in paragraph (f)(1)(iv) of
this section.
(iii) The owner or operator of equipment that is designated as
unsafe to monitor must have a written plan that requires monitoring of
the equipment as frequently as practicable during safe to monitor times,
but not more frequently than the periodic monitoring schedule otherwise
applicable to the group of processes in which the equipment is located.
(iv) For any parts of a closed-vent system designated as unsafe to
inspect, the owner or operator must have a written plan that requires
inspection of the closed-vent systems as frequently as practicable
during safe to inspect times, but not more frequently than annually.
(3) Equipment that is difficult to monitor or difficult to inspect.
(i) A valve, agitator, or pump may be designated as difficult to monitor
if the owner or operator determines that the valve, agitator, or pump
cannot be monitored without elevating the monitoring personnel more than
2 meters above a support surface, or it is not accessible in a safe
manner when it is in organic HAP service.
(ii) Any part of a closed-vent system may be designated as difficult
to inspect if the owner or operator determines that the equipment cannot
be inspected without elevating the monitoring personnel more than 2
meters above a support surface, or it is not accessible in a safe manner
when it is in organic HAP service.
(iii) At an existing source, any valve, agitator or pump within a
group of processes that meets the criteria of paragraph (f)(3)(i) of
this section may be designated as difficult to monitor, and any parts of
a closed-vent system that meet the requirements of paragraph (f)(3)(ii)
of this section may be designated as difficult to inspect. At a new
affected source, an owner or operator may designate no more than 3
percent of valves as difficult to monitor.
(iv) The owner or operator of valves, agitators, or pumps designated
as difficult to monitor must have a written plan that requires
monitoring of the equipment at least once per calendar year or on the
periodic monitoring schedule otherwise applicable to the group of
processes in which the equipment is located, whichever is less frequent.
For any part of a closed-vent system designated as difficult to inspect,
the owner or operator must have a written plan that requires inspection
of the closed-vent system at least once every 5 years.
(4) Inaccessible, ceramic, or ceramic-lined connectors. (i) A
connector may be designated as inaccessible if it is:
(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
[[Page 150]]
scaffold which would allow access to equipment up to 7.6 meters (25
feet) above the ground; or
(E) 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) A connector may be designated as inaccessible if it would
require elevating the monitoring personnel more than 2 meters above a
permanent support surface or would require the erection of scaffold.
(iii) At an existing source, any connector that meets the criteria
of paragraph (f)(4)(i) or (ii) of this section may be designated as
inaccessible. At a new affected source, an owner or operator may
designate no more than 3 percent of connectors as inaccessible.
(iv) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the leak shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected, except as provided in
paragraph (b)(4)(i) of this section.
(v) Any connector that is inaccessible or that is ceramic or
ceramic-lined is exempt from the recordkeeping and reporting
requirements of paragraphs (g) and (h) of this section.
(g) Recordkeeping requirements. (1) An owner or operator of more
than one group of processes subject to the provisions of this section
may comply with the recordkeeping requirements for the groups of
processes in one recordkeeping system if the system identifies with each
record the program being implemented (e.g., quarterly monitoring) for
each type of equipment. All records and information required by this
section shall be maintained in a manner that can be readily accessed at
the plant site. This could include physically locating the records at
the plant site or accessing the records from a central location by
computer at the plant site.
(2) General recordkeeping. Except as provided in paragraph (g)(5)(i)
of this section and in paragraph (a)(9) of this section, the following
information pertaining to all equipment subject to the requirements in
this section shall be recorded:
(i)(A) A list of identification numbers for equipment (except
connectors that are subject to paragraph (f)(4) of this section) subject
to the requirements of this section. Except for equipment subject to the
recordkeeping requirements in paragraphs (g)(2)(ii) through (viii) of
this section, equipment need not be individually identified if, for a
particular type of equipment, all items of that equipment in a
designated area or length of pipe subject to the provisions of this
section are identified as a group, and the number of subject items of
equipment is indicated. The list for each type of equipment shall be
completed no later than the completion of the initial survey required
for that component. The list of identification numbers shall be updated,
if needed, to incorporate equipment changes identified during the course
of each monitoring period within 90 calendar days, or by the next
Periodic Report, following the end of the monitoring period for the type
of equipment component monitored, whichever is later.
(B) A schedule for monitoring connectors subject to the provisions
of Sec. 63.174(a) and valves subject to the provisions of paragraph
(e)(4) of this section.
(C) Physical tagging of the equipment to indicate that it is in
organic HAP service is not required. Equipment subject to the provisions
of this section may be identified on a plant site plan, in log entries,
or by other appropriate methods.
(ii)(A) A list of identification numbers for equipment that the
owner or operator elects to equip with a closed-vent system and control
device, under the provisions of paragraph (c)(7) of this section, Sec.
63.164(h), or Sec. 63.165(c).
(B) A list of identification numbers for compressors that the owner
or operator elects to designate as operating with an instrument reading
of less than 500 parts per million above background, under the
provisions of Sec. 63.164(i).
[[Page 151]]
(iii)(A) A list of identification numbers for pressure relief
devices subject to the provisions in Sec. 63.165(a).
(B) A list of identification numbers for pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.165(d).
(iv) Identification of instrumentation systems subject to the
provisions of this section. Individual components in an instrumentation
system need not be identified.
(v) The following information shall be recorded for each dual
mechanical seal system:
(A) Design criteria required by paragraph (c)(5)(vi)(A) of this
section and Sec. 63.164(e)(2), and an explanation of the design
criteria; and
(B) Any changes to these criteria and the reasons for the changes.
(vi) A list of equipment designated as unsafe to monitor/inspect or
difficult to monitor/inspect under paragraph (f) of this section and a
copy of the plan for monitoring or inspecting this equipment.
(vii) A list of connectors removed from and added to the process, as
described in Sec. 63.174(i)(1), and documentation of the integrity of
the weld for any removed connectors, as required in Sec. 63.174(j).
This is not required unless the net credits for removed connectors is
expected to be used.
(viii) For equipment that the owner or operator elects to monitor as
provided under Sec. 63.178(c), a list of equipment added to batch
product processes since the last monitoring period required in Sec.
63.178(c)(3)(ii) and (iii). This list must be completed for each type of
equipment within 90 calendar days, or by the next Periodic Report,
following the end of the monitoring period for the type of equipment
monitored, whichever is later. Also, if the owner or operator elects to
adjust monitoring frequency by the time in use, as provided in Sec.
63.178(c)(3)(iii), records demonstrating the proportion of the time
during the calendar year the equipment is in use in a manner subject to
the provisions of this section are required. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit.
(3) Records of visual inspections. For visual inspections of
equipment subject to the provisions of paragraphs (c)(2)(iii) and
(c)(5)(iv) of this section, the owner or operator shall document that
the inspection was conducted and the date of the inspection. The owner
or operator shall maintain records as specified in paragraph (g)(4) of
this section for leaking equipment identified in this inspection, except
as provided in paragraph (g)(5) of this section. These records shall be
retained for 2 years.
(4) Monitoring records. When each leak is detected as specified in
paragraph (c) of this section and Sec. 63.164, paragraph (e) of this
section and Sec. 63.169, and Sec. Sec. 63.172 and 63.174, the
following information shall be recorded and kept for 5 years (at least 2
years onsite, with the remaining 3 years either onsite or offsite):
(i) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(ii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iii) The date of successful repair of the leak.
(iv) The maximum instrument reading measured by Method 21 of 40 CFR
part 60, appendix A, after the leak is successfully repaired or
determined to be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures shall be included in a document that is maintained at the
plant site. Reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(vi) If repairs were delayed, dates of process shutdowns that occur
while the equipment is unrepaired.
[[Page 152]]
(vii)(A) If the alternative in Sec. 63.174(c)(1)(ii) is not in use
for the monitoring period, identification, either by list, location
(area or grouping), or tagging of connectors disturbed since the last
monitoring period required in Sec. 63.174(b), as described in Sec.
63.174(c)(1).
(B) The date and results of follow-up monitoring as required in
Sec. 63.174(c)(1)(i) and (c)(2)(ii). If identification of disturbed
connectors is made by location, then all connectors within the
designated location shall be monitored.
(viii) The date and results of the monitoring required in Sec.
63.178(c)(3)(i) for equipment added to a batch process since the last
monitoring period required in Sec. 63.178(c)(3)(ii) and (iii). If no
leaking equipment is found in this monitoring, the owner or operator
shall record that the inspection was performed. Records of the actual
monitoring results are not required.
(ix) Copies of the periodic reports as specified in paragraph (h)(3)
of this section, if records are not maintained on a computerized data
base capable of generating summary reports from the records.
(5) Records of pressure tests. The owner or operator who elects to
pressure test a process equipment train or supply lines between storage
and processing areas to demonstrate compliance with this section is
exempt from the requirements of paragraphs (g)(2), (3), (4), and (6) of
this section. Instead, the owner or operator shall maintain records of
the following information:
(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 the process equipment train.
(ii) Physical tagging of the equipment to identify that it is in
organic HAP service and subject to the provisions of this section is not
required. Equipment in a process subject to the provisions of this
section 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 Sec. 63.178(b),
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 process equipment train does not pass two consecutive
pressure tests, the following information 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.
(E) The date of successful repair.
(6) Records of compressor and relief device compliance tests. The
dates and results of each compliance test required for compressors
subject to the provisions in Sec. 63.164(i) and the dates and results
of the monitoring following a pressure release for each pressure relief
device subject to the provisions in Sec. Sec. 63.165(a) and (b). The
results shall include:
(i) The background level measured during each compliance test.
(ii) The maximum instrument reading measured at each piece of
equipment during each compliance test.
(7) Records for closed-vent systems. The owner or operator shall
maintain records of the information specified in paragraphs (g)(7)(i)
through (iii) of this section for closed-vent systems and control
devices subject to the provisions of paragraph (b)(4)(ii) of this
section. The records specified in paragraph (g)(7)(i) of this section
shall be retained for the life of the equipment. The records specified
in paragraphs (g)(7)(ii) and (g)(7)(iii) of this section shall be
retained for 2 years.
(i) The design specifications and performance demonstrations
specified in paragraphs (g)(7)(i)(A) through (g)(7)(i)(D) 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) The flare design (i.e., steam assisted, air assisted, or
nonassisted) and the results of the compliance demonstration required by
Sec. 63.11(b).
[[Page 153]]
(D) A description of the parameter or parameters monitored, as
required in paragraph (b)(4)(ii) of this section, 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.
(A) Dates and durations when the closed-vent systems and control
devices required in paragraph (c) of this section and Sec. Sec. 63.164
through 63.166 are not operated as designed as indicated by the
monitored parameters, including periods when a flare pilot light system
does not have a flame.
(B) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(C) Dates and durations of startups and shutdowns of control devices
required in paragraph (c)(7) of this section and Sec. Sec. 63.164
through 63.166.
(iii) Records of inspections of closed-vent systems subject to the
provisions of Sec. 63.172.
(A) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) during which no leaks were detected, a
record that the inspection was performed, the date of the inspection,
and a statement that no leaks were detected.
(B) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) during which leaks were detected, the
information specified in paragraph (g)(4) of this section shall be
recorded.
(8) Records for components in heavy liquid service. Information,
data, and analysis used to determine that a piece of equipment or
process is in heavy liquid service shall be recorded. Such a
determination shall include an analysis or demonstration that the
process fluids do not meet the criteria of ``in light liquid or gas
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.
(9) Records of exempt components. Identification, either by list,
location (area or group) of equipment in organic HAP service less than
300 hours per year subject to the provisions of this section.
(10) Records of alternative means of compliance determination.
Owners and operators choosing to comply with the requirements of Sec.
63.179 shall maintain the following records:
(i) Identification of the process(es) and the organic HAP they
handle.
(ii) A schematic of the process, enclosure, and closed-vent system.
(iii) 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.
(h) Reporting requirements. (1) Each owner or operator of a source
subject to this section shall submit the reports listed in paragraphs
(h)(1)(i) through (ii) of this section.
(i) A Notification of Compliance Status Report described in
paragraph (h)(2) of this section,
(ii) Periodic reports described in paragraph (h)(3) of this section.
(2) Notification of compliance status report. Each owner or operator
of a source subject to this section shall submit the information
specified in paragraphs (h)(2)(i) through (iii) of this section in the
Notification of Compliance Status Report described in Sec. 63.1260(f).
(i) The notification shall provide the information listed in
paragraphs (h)(2)(i)(A) through (C) of this section for each process
subject to the requirements of paragraphs (b) through (g) of this
section.
(A) Process group identification.
(B) Number of each equipment type (e.g., valves, pumps) in organic
HAP service, excluding equipment in vacuum service.
(C) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(ii) The notification shall provide the information listed in
paragraphs (h)(2)(ii)(A) and (B) of this section for each process
subject to the requirements of paragraph (b)(4)(iv) of this section and
Sec. 63.178(b).
(A) Products or product codes subject to the provisions of this
section, and
(B) Planned schedule for pressure testing when equipment is
configured
[[Page 154]]
for production of products subject to the provisions of this section.
(iii) The notification shall provide the information listed in
paragraphs (h)(2)(iii)(A) and (B) of this section for each process
subject to the requirements in Sec. 63.179.
(A) Process identification.
(B) 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 paragraph (b)(4)(ii) of this section.
(iv) Section 63.9(j) shall not apply to the Notification of
Compliance Status report described in this paragraph (h)(2).
(3) Periodic reports. The owner or operator of a source subject to
this section shall submit Periodic Reports.
(i) A report containing the information in paragraphs (h)(3)(ii),
(iii), and (iv) of this section shall be submitted semiannually. The
first report shall be submitted no later than 240 days after 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. Each subsequent report shall cover the 6-month period
following the preceding period.
(ii) For equipment complying with the provisions of paragraphs (b)
through (g) of this section, except paragraph (b)(4)(iv) of this section
and Sec. 63.179, the summary information listed in paragraphs
(h)(3)(ii)(A) through (L) of this section for each monitoring period
during the 6-month period.
(A) The number of valves for which leaks were detected as described
in paragraph (e)(3) of this section, the percent leakers, and the total
number of valves monitored;
(B) The number of valves for which leaks were not repaired as
required in paragraph (e)(7) of this section, identifying the number of
those that are determined nonrepairable;
(C) Separately, the number of pumps and agitators for which leaks
were detected as described in paragraph (c)(2) of this section, the
total number of pumps and agitators monitored, and, for pumps, the
percent leakers;
(D) Separately, the number of pumps and agitators for which leaks
were not repaired as required in paragraph (c)(3) of this section;
(E) The number of compressors for which leaks were detected as
described in Sec. 63.164(f);
(F) The number of compressors for which leaks were not repaired as
required in Sec. 63.164(g);
(G) The number of connectors for which leaks were detected as
described in Sec. 63.174(a), the percent of connectors leaking, and the
total number of connectors monitored;
(H) The number of connectors for which leaks were not repaired as
required in Sec. 63.174(d), identifying the number of those that are
determined nonrepairable;
(I) The facts that explain any delay of repairs and, where
appropriate, why a process shutdown was technically infeasible.
(J) The results of all monitoring to show compliance with Sec. Sec.
63.164(i), 63.165(a), and 63.172(f) conducted within the semiannual
reporting period.
(K) If applicable, the initiation of a monthly monitoring program
under either paragraph (c)(4)(ii) or paragraph (e)(4)(i) of this
section.
(L) If applicable, notification of a change in connector monitoring
alternatives as described in Sec. 63.174(c)(1).
(iii) For owners or operators electing to meet the requirements of
Sec. 63.178(b), the report shall include the information listed in
paragraphs (h)(3)(iii)(A) through (E) of this paragraph for each
process.
(A) Product process equipment train identification;
(B) The number of pressure tests conducted;
(C) The number of pressure tests where the equipment train failed
either the retest or two consecutive pressure tests;
(D) The facts that explain any delay of repairs; and
(E) The results of all monitoring to determine compliance with Sec.
63.172(f) of subpart H.
(iv) Any revisions to items reported in earlier Notification of
Compliance Status report, if the method of compliance has changed since
the last report.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52603, Aug. 29, 2000;
66 FR 40132, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]
[[Page 155]]
Sec. 63.1256 Standards: Wastewater.
(a) General. Each owner or operator of any affected source (existing
or new) shall comply with the general wastewater requirements in
paragraphs (a)(1) through (3) of this section and the maintenance
wastewater provisions in paragraph (a)(4) of this section. An owner or
operator may transfer wastewater to a treatment operation not owned by
the owner or operator in accordance with paragraph (a)(5) of this
section.
(1) Identify wastewater that requires control. For each POD, the
owner or operator shall comply with the requirements in either paragraph
(a)(1)(i) or (ii) of this section to determine whether a wastewater
stream is an affected wastewater stream that requires control for
soluble and/or partially soluble HAP compounds or to designate the
wastewater stream as an affected wastewater stream, respectively. The
owner or operator may use a combination of the approaches in paragraphs
(a)(1)(i) and (ii) of this section for different affected wastewater
generated at the source.
(i) Determine characteristics of a wastewater stream. At new and
existing sources, a wastewater stream is an affected wastewater stream
if the annual average concentration and annual load exceed any of the
criteria specified in paragraph (a)(1)(i)(A) through (C) of this
section. At new sources, a wastewater stream is subject to additional
control requirements if the annual average concentration and annual load
exceed the criteria specified in paragraphs (a)(1)(i)(D) of this
section. The owner or operator shall comply with the provisions of Sec.
63.1257(e)(1) to determine the annual average concentrations and annual
load of partially soluble and soluble HAP compounds.
(A) The wastewater stream contains partially soluble HAP compounds
at an annual average concentration greater than 1,300 ppmw, and the
total soluble and partially soluble HAP load in all wastewater from the
PMPU exceeds 0.25 Mg/yr.
(B) The wastewater stream contains partially soluble and/or soluble
HAP compounds at an annual average concentration greater than 5,200
ppmw, and the total soluble and partially soluble HAP load in all
wastewater from the PMPU exceeds 0.25 Mg/yr.
(C) The wastewater stream contains partially soluble and/or soluble
HAP at an annual average concentration of greater than 10,000 ppmw, and
the total partially soluble and/or soluble HAP load in all wastewater
from the affected source is greater than 1 Mg/yr.
(D) The wastewater stream contains soluble HAP compounds at an
annual average concentration greater than 110,000 ppmw, and the total
soluble and partially soluble HAP load in all wastewater from the PMPU
exceeds 1 Mg/yr.
(ii) Designate wastewater as affected wastewater. For existing
sources, the owner or operator may elect to designate wastewater streams
as meeting the criteria of either paragraphs (a)(1)(i)(A),(B), or (C) of
this section. For new sources, the owner or operator may elect to
designate wastewater streams meeting the criterion in paragraph
(a)(1)(i)(D) or for wastewater known to contain no soluble HAP, as
meeting the criterion in paragraph (a)(1)(i)(A) of this section. For
designated wastewater the procedures specified in paragraphs
(a)(1)(ii)(A) and (B) of this section shall be followed, except as
specified in paragraphs (g)(8)(i), (g)(9)(i), and (g)(10) of this
section. The owner or operator is not required to determine the annual
average concentration or load for each designated wastewater stream for
the purposes of this section.
(A) From the POD for the wastewater stream that is designated as an
affected wastewater stream to the location where the owner or operator
elects to designate such wastewater stream as an affected wastewater
stream, the owner or operator shall comply with all applicable emission
suppression requirements specified in paragraphs (b) through (f) of this
section.
(B) From the location where the owner or operator designates a
wastewater stream as an affected wastewater stream, such wastewater
stream shall be managed in accordance with all applicable emission
suppression requirements specified in paragraphs (b) through (f) of this
section and with the treatment requirements in paragraph (g) of this
section.
[[Page 156]]
(iii) Scrubber effluent. Effluent from a water scrubber that has
been used to control Table 2 HAP-containing vent streams that are
controlled in order to meet the process vent requirements in Sec.
63.1254 of this subpart is considered an affected wastewater stream.
(2) Requirements for affected wastewater. (i) An owner or operator
of a facility shall comply with the applicable requirements for
wastewater tanks, surface impoundments, containers, individual drain
systems, and oil/water separators as specified in paragraphs (b) through
(f) of this section, except as provided in paragraph (g)(3) of this
section.
(ii) Comply with the applicable requirements for control of soluble
and partially soluble compounds as specified in paragraph (g) of this
section. Alternatively, the owner or operator may elect to comply with
the treatment provisions specified in paragraph (a)(5) of this section.
(iii) Comply with the applicable monitoring and inspection
requirements specified in Sec. 63.1258.
(iv) Comply with the applicable recordkeeping and reporting
requirements specified in Sec. Sec. 63.1259 and 63.1260.
(3) Requirements for multiphase discharges. The owner or operator
shall not discharge a separate phase that can be isolated through
gravity separation from the aqueous phase to a waste management or
treatment unit, unless the stream is discharged to a treatment unit in
compliance with paragraph (g)(13) of this section.
(4) Maintenance wastewater requirements. Each owner or operator of a
source subject to this subpart shall comply with the requirements of
paragraphs (a)(4)(i) through (iv) of this section for maintenance
wastewater containing partially soluble or soluble HAP listed in Tables
2 and 3 of this subpart. Maintenance wastewater is exempt from all other
provisions of this subpart.
(i) The owner or operator shall prepare a description of maintenance
procedures for management of wastewater generated from the emptying and
purging of equipment in the process during temporary shutdowns for
inspections, maintenance, and repair (i.e., a maintenance turnaround)
and during periods which are not shutdowns (i.e., routine maintenance).
The descriptions shall be included in a document that is maintained at
the plant site and shall:
(A) Specify the process equipment or maintenance tasks that are
anticipated to create wastewater during maintenance activities; and
(B) Specify the procedures that will be followed to properly manage
the wastewater and minimize organic HAP emissions to the atmosphere; and
(C) Specify the procedures to be followed when clearing materials
from process equipment.
(ii) The owner or operator shall modify and update the information
required by paragraph (a)(4)(i) of this section as needed following each
maintenance procedure based on the actions taken and the wastewater
generated in the preceding maintenance procedure.
(5) Offsite treatment or onsite treatment not owned or operated by
the source. The owner or operator may elect to transfer affected
wastewater streams or a residual removed from such affected wastewater
to an onsite treatment operation not owned or operated by the owner or
operator of the source generating the wastewater or residual, or to an
offsite treatment operation.
(i) The owner or operator transferring the wastewater or residual
shall:
(A) Comply with the provisions specified in paragraphs (b) through
(f) of this section for each waste management unit that receives or
manages affected wastewater or a residual removed from affected
wastewater prior to shipment or transport.
(B) Include a notice with each shipment or transport of affected
wastewater or residual removed from affected wastewater. The notice
shall state that the affected wastewater or residual 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. The owner or operator shall keep a
record of the notice in accordance with Sec. 63.1259(g).
[[Page 157]]
(ii) The owner or operator may not transfer the affected wastewater
or residual unless the transferee has submitted to the EPA a written
certification that the transferee will manage and treat any affected
wastewater or residual removed from affected wastewater received from a
source subject to the requirements of this subpart in accordance with
the requirements of either:
(A) Paragraphs (b) through (i) of this section; or
(B) Subpart D of this part if alternative emission limitations have
been granted the transferor in accordance with those provisions; or
(C) Section 63.6(g); or
(D) If the affected wastewater streams or residuals removed from
affected wastewater streams received by the transferee contain less than
50 ppmw of partially soluble HAP, then the transferee must, at a
minimum, manage and treat the affected wastewater streams and residuals
in accordance with one of the following:
(1) Comply with paragraph (g)(10) of this section and cover the
waste management units up to the activated sludge unit; or
(2) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section
and cover the waste management units up to the activated sludge unit; or
(3) Comply with paragraph (g)(10) of this section provided that the
owner or operator of the affected source demonstrates that less than 5
percent of the total soluble HAP is emitted from waste management units
up to the activated sludge unit; or
(4) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section
provided that the owner or operator of the affected source demonstrates
that less than 5 percent of the total soluble HAP is emitted from waste
management units up to the activated sludge unit.
(iii) The certifying entity may revoke the written certification by
sending a written statement to the EPA and the owner or operator giving
at least 90 days notice that the certifying entity is rescinding
acceptance of responsibility for compliance with the regulatory
provisions listed in this paragraph. Upon expiration of the notice
period, the owner or operator may not transfer the wastewater stream or
residual to the treatment operation.
(iv) By providing this written certification to the EPA, the
certifying entity accepts responsibility for compliance with the
regulatory provisions listed in paragraph (a)(5)(ii) of this section
with respect to any shipment of wastewater or residual covered by the
written certification. Failure to abide by any of those provisions with
respect to such shipments may result in enforcement action by the EPA
against the certifying entity in accordance with the enforcement
provisions applicable to violations of these provisions by owners or
operators of sources.
(v) Written certifications and revocation statements, to the EPA
from the transferees of wastewater or residuals shall be signed by the
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office at the addresses listed in Sec. 63.13. Such written
certifications are not transferable by the treater.
(b) Wastewater tanks. For each wastewater tank that receives,
manages, or treats affected wastewater or a residual removed from
affected wastewater, the owner or operator shall comply with the
requirements of either paragraph (b)(1) or (2) of this section as
specified in Table 6 of this subpart.
(1) The owner or operator shall operate and maintain a fixed roof
except when the contents of the wastewater tank are heated, treated by
means of an exothermic reaction, or sparged, during which time the owner
or operator shall comply with the requirements specified in paragraph
(b)(2) of this section. For the purposes of this paragraph, the
requirements of paragraph (b)(2) of this section are satisfied by
operating and maintaining a fixed roof if the owner or operator
demonstrates that the total soluble and partially soluble HAP emissions
from the wastewater tank are no more than 5 percent higher than the
emissions would be if the contents of the wastewater tank were not
heated, treated by an exothermic reaction, or sparged.
(2) The owner or operator shall comply with the requirements in
paragraphs (b)(3) through (9) of this section
[[Page 158]]
and shall operate and maintain one of the emission control techniques
listed in paragraphs (b)(2)(i) through (iii) of this section.
(i) A fixed roof and a closed-vent system that routes the organic
HAP vapors vented from the wastewater tank to a control device; or
(ii) A fixed roof and an internal floating roof that meets the
requirements specified in Sec. 63.119(b), with the differences noted in
Sec. 63.1257(c)(3)(i) through (iii) for the purposes of this subpart;
or
(iii) An external floating roof that meets the requirements
specified in Sec. Sec. 63.119(c), 63.120(b)(5), and 63.120(b)(6), with
the differences noted in Sec. 63.1257(c)(3)(i) through (v) for the
purposes of this subpart.
(3) If the owner or operator elects to comply with the requirements
of paragraph (b)(2)(i) of this section, the fixed roof shall meet the
requirements of paragraph (b)(3)(i) of this section, the control device
shall meet the requirements of paragraph (b)(3)(ii) of this section, and
the closed-vent system shall meet the requirements of paragraph
(b)(3)(iii) of this section.
(i) The fixed roof shall meet the following requirements:
(A) Except as provided in paragraph (b)(3)(iv) of this section, the
fixed roof and all openings (e.g., access hatches, sampling ports, and
gauge wells) shall be maintained in accordance with the requirements
specified in Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that the wastewater tank contains
affected wastewater or residual removed from affected wastewater except
when it is necessary to use the opening for wastewater sampling,
removal, or for equipment inspection, maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with the requirements of paragraph (h) of this section.
(iii) Except as provided in paragraph (b)(3)(iv) of this section,
the closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.1258(h).
(iv) For any fixed roof tank and closed-vent system that is operated
and maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(4) If the owner or operator elects to comply with the requirements
of paragraph (b)(2)(ii) of this section, the floating roof shall be
inspected according to the procedures specified in Sec. 63.120(a)(2)
and (3), with the differences noted in Sec. 63.1257(c)(3)(iv) for the
purposes of this subpart.
(5) Except as provided in paragraph (b)(6) of this section, if the
owner or operator elects to comply with the requirements of paragraph
(b)(2)(iii) of this section, seal gaps shall be measured according to
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) and the
wastewater tank shall be inspected to determine compliance with Sec.
63.120(b)(5) and (6) according to the schedule specified in Sec.
63.120(b)(1)(i) through (iii).
(6) If the owner or operator determines that it is unsafe to perform
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through
(b)(4) or to inspect the wastewater tank to determine compliance with
Sec. 63.120(b)(5) and (6) because the floating roof appears to be
structurally unsound and poses an imminent or potential danger to
inspecting personnel, the owner or operator shall comply with the
requirements in either paragraph (b)(6)(i) or (ii) of this section.
(i) The owner or operator shall measure the seal gaps or inspect the
wastewater tank within 30 calendar days of the determination that the
floating roof is unsafe.
(ii) The owner or operator shall empty and remove the wastewater
tank from service within 45 calendar days of determining that the roof
is unsafe. If the wastewater tank cannot be emptied within 45 calendar
days, the owner or operator may utilize up to two extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include an explanation of why it was unsafe to perform
the inspection or seal gap measurement, shall document that alternate
storage capacity is unavailable, and shall specify a schedule of actions
that will ensure that the wastewater tank will be emptied as soon as
possible.
[[Page 159]]
(7) Except as provided in paragraph (b)(6) of this section, each
wastewater tank shall be inspected initially, and semiannually
thereafter, for improper work practices in accordance with Sec.
63.1258(g). For wastewater tanks, improper work practice includes, but
is not limited to, leaving open any access door or other opening when
such door or opening is not in use.
(8) Except as provided in paragraph (b)(6) of this section, each
wastewater tank shall be inspected for control equipment failures as
defined in paragraph (b)(8)(i) of this section according to the schedule
in paragraphs (b)(8)(ii) and (iii) of this section in accordance with
Sec. 63.1258(g).
(i) Control equipment failures for wastewater tanks include, but are
not limited to, the conditions specified in paragraphs (b)(8)(i)(A)
through (I) of this section.
(A) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(B) There is stored liquid on the floating roof.
(C) A rim seal is detached from the floating roof.
(D) There are holes, tears, cracks or gaps in the rim seal or seal
fabric of the floating roof.
(E) There are visible gaps between the seal of an internal floating
roof and the wall of the wastewater tank.
(F) There are gaps between the metallic shoe seal or the liquid
mounted primary seal of an external floating roof and the wall of the
wastewater tank that exceed 212 square centimeters per meter of tank
diameter or the width of any portion of any gap between the primary seal
and the tank wall exceeds 3.81 centimeters.
(G) There are gaps between the secondary seal of an external
floating roof and the wall of the wastewater tank that exceed 21.2
square centimeters per meter of tank diameter or the width of any
portion of any gap between the secondary seal and the tank wall exceeds
1.27 centimeters.
(H) Where a metallic shoe seal is used on an external floating roof,
one end of the metallic shoe does not extend into the stored liquid or
one end of the metallic shoe does not extend a minimum vertical distance
of 61 centimeters above the surface of the stored liquid.
(I) A gasket, joint, lid, cover, or door has a crack or gap, or is
broken.
(ii) The owner or operator shall inspect for the control equipment
failures in paragraphs (b)(8)(i)(A) through (H) according to the
schedule specified in paragraphs (b)(4) and (5) of this section.
(iii) The owner or operator shall inspect for the control equipment
failures in paragraph (b)(8)(i)(I) of this section initially, and
semiannually thereafter.
(9) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification. If a failure that is detected during
inspections required by this section cannot be repaired within 45
calendar days and if the tank cannot be emptied within 45 calendar days,
the owner or operator may utilize up to two extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include 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 tank will be emptied as soon as practical.
(10) The emission limits specified in Sec. 63.1256 (b)(2) and (h)
for control devices used to control emissions from wastewater tanks do
not apply during periods of planned routine maintenance of the control
device(s) of no more than 240 hours in any 365-day period. The owner or
operator may submit an application to the Administrator requesting an
extension of this time limit to a total of 360 hours in any 365-day
period. The application must explain why the extension is needed, it
must specify that no affected wastewater will be added to the tank
between the time the 240-hour limit is exceeded and the control device
is again operational, and it must be submitted at least 60 days before
the 240-hour limit will be exceeded. Wastewater tanks shall not be
sparged with air or
[[Page 160]]
other gases without an operational control device.
(c) Surface impoundments. For each surface impoundment that
receives, manages, or treats affected wastewater or a residual removed
from affected wastewater, the owner or operator shall comply with the
requirements of paragraphs (c)(1), (2), and (3) of this section.
(1) The owner or operator shall operate and maintain on each surface
impoundment either a cover (e.g., air-supported structure or rigid
cover) and a closed-vent system that routes the organic hazardous air
pollutants vapors vented from the surface impoundment to a control
device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of
this section, or a floating flexible membrane cover as specified in
paragraph (c)(1)(ii) of this section.
(i) The cover and all openings shall meet the following
requirements:
(A) Except as provided in paragraph (c)(1)(v) of this section, the
cover and all openings (e.g., access hatches, sampling ports, and gauge
wells) shall be maintained in accordance with the requirements specified
in Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that affected wastewater or residual
removed from affected wastewater is in the surface impoundment except
when it is necessary to use the opening for sampling, removal, or for
equipment inspection, maintenance, or repair.
(C) The cover shall be used at all times that affected wastewater or
residual removed from affected wastewater is in the surface impoundment
except during removal of treatment residuals in accordance with 40 CFR
268.4 or closure of the surface impoundment in accordance with 40 CFR
264.228.
(ii) Floating flexible membrane covers shall meet the requirements
specified in paragraphs (c)(1)(ii)(A) through (F) of this section.
(A) The floating flexible cover shall be designed to float on the
liquid surface during normal operations, and to form a continuous
barrier over the entire surface area of the liquid.
(B) The cover shall be fabricated from a synthetic membrane material
that is either:
(1) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (100 mils); or
(2) 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 (c)(1)(ii)(B)(1) of this section,
and chemical and physical properties that maintain the material
integrity for the intended service life of the material.
(C) 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.
(D) Except as provided for in paragraph (c)(1)(ii)(E) 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.
(E) 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.
(F) The closure devices shall be made of suitable materials that
will minimize exposure of organic HAP to the atmosphere, to the extent
practical, and will maintain the integrity of the equipment throughout
its intended service life. Factors to be considered in designing the
closure devices shall include: the effects of any contact with the
liquid and its vapor managed in the surface impoundment; the effects of
outdoor exposure to wind, moisture, and sunlight; and the operating
practices used for the surface impoundment on which the floating
membrane cover is installed.
(G) Whenever affected wastewater or residual from affected
wastewater is in the surface impoundment, the floating membrane cover
shall float on the liquid and each closure device shall be secured in
the closed position. Opening of
[[Page 161]]
closure devices or removal of the cover is allowed to provide access to
the surface impoundment for performing routine inspection, maintenance,
or other activities needed for normal operations and/or to remove
accumulated sludge or other residues from the bottom of surface
impoundment. Openings shall be maintained in accordance with Sec.
63.1258(h).
(iii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iv) Except as provided in paragraph (c)(1)(v) of this section, the
closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(v) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(2) Each surface impoundment shall be inspected initially, and
semiannually thereafter, for improper work practices and control
equipment failures in accordance with Sec. 63.1258(g).
(i) For surface impoundments, improper work practice includes, but
is not limited to, leaving open any access hatch or other opening when
such hatch or opening is not in use.
(ii) For surface impoundments, control equipment failure includes,
but is not limited to, any time a joint, lid, cover, or door has a crack
or gap, or is broken.
(3) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
(d) Containers. For each container that receives, manages, or treats
affected wastewater or a residual removed from affected wastewater, the
owner or operator shall comply with the requirements of paragraphs
(d)(1) through (5) of this section.
(1) The owner or operator shall operate and maintain a cover on each
container used to handle, transfer, or store affected wastewater or a
residual removed from affected wastewater in accordance with the
following requirements:
(i) Except as provided in paragraph (d)(3)(iv) of this section, if
the capacity of the container is greater than 0.42 m\3\, the cover and
all openings (e.g., bungs, hatches, sampling points, and pressure relief
valves) shall be controlled in accordance with the requirements of
either paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section.
(A) The requirements specified in Sec. 63.1258(h); or
(B) The requirements of subpart PP of this part for containers using
level 2 controls that meet the definitions in Sec. 63.923(b)(1) or (2).
(ii) If the capacity of the container is less than or equal to 0.42
m\3\, the owner or operator shall comply with either paragraph
(d)(1)(ii)(A) or (B) of this section.
(A) The container must meet existing Department of Transportation
specifications and testing requirements under 49 CFR part 178; or
(B) Except as provided in paragraph (d)(3)(iv) of this section, the
cover and all openings shall be maintained without leaks as specified in
Sec. 63.1258(h).
(iii) The cover and all openings shall be maintained in a closed
position (e.g., covered by a lid) at all times that affected wastewater
or a residual removed from affected wastewater is in the container
except when it is necessary to use the opening for filling, removal,
inspection, sampling, or pressure relief events related to safety
considerations.
(2) Filling of large containers. Pumping affected wastewater or a
residual removed from affected wastewater into a container with a
capacity greater than or equal to 0.42 m\3\ shall be conducted in
accordance with the conditions in paragraphs (d)(2)(i) and (ii) of this
section.
(i) Comply with any one of the procedures specified in paragraph
(d)(2)(i)(A), (B), or (C) of this section.
(A) Use a submerged fill pipe. The submerged fill pipe outlet shall
extend to no more than 6 inches or within two fill pipe diameters of the
bottom of the container while the container is being filled.
(B) Locate the container within an enclosure with a closed-vent
system
[[Page 162]]
that routes the organic HAP vapors vented from the container to a
control device.
(C) Use a closed-vent system to vent the displaced organic vapors
vented from the container to a control device or back to the equipment
from which the wastewater is transferred.
(ii) The cover shall remain in place and all openings shall be
maintained in a closed position except for those openings required for
the submerged fill pipe and for venting of the container to prevent
physical damage or permanent deformation of the container or cover.
(3) During treatment of affected wastewater or a residual removed
from affected wastewater, including aeration, thermal or other
treatment, in a container, whenever it is necessary for the container to
be open, the container shall be located within an enclosure with a
closed-vent system that routes the organic HAP vapors vented from the
container to a control device.
(i) Except as provided in paragraph (d)(3)(iv) of this section, the
enclosure and all openings (e.g., doors, hatches) shall be maintained in
accordance with the requirements specified in Sec. 63.1258(h).
(ii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iii) Except as provided in paragraph (d)(3)(iv) of this section,
the closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(iv) For any enclosure and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(4) Each container shall be inspected initially, and semiannually
thereafter, for improper work practices and control equipment failures
in accordance with Sec. 63.1258(g).
(i) For containers, improper work practice includes, but is not
limited to, leaving open any access hatch or other opening when such
hatch or opening is not in use.
(ii) For containers, control equipment failure includes, but is not
limited to, any time a cover or door has a gap or crack, or is broken.
(5) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
(e) Individual drain systems. For each individual drain system that
receives or manages affected wastewater or a residual removed from
affected wastewater, the owner or operator shall comply with the
requirements of paragraphs (e) (1), (2), and (3) or with paragraphs (e)
(4), (5), and (6) of this section.
(1) If the owner or operator elects to comply with this paragraph,
the owner or operator shall operate and maintain on each opening in the
individual drain system a cover and if vented, route the vapors to a
process or through a closed-vent system to a control device. The owner
or operator shall comply with the requirements of paragraphs (e)(1) (i)
through (v) of this section.
(i) The cover and all openings shall meet the following
requirements:
(A) Except as provided in paragraph (e)(1)(iv) of this section, the
cover and all openings (e.g., access hatches, sampling ports) shall be
maintained in accordance with the requirements specified in Sec.
63.1258(h).
(B) The cover and all openings shall be maintained in a closed
position at all times that affected wastewater or a residual removed
from affected wastewater is in the drain system except when it is
necessary to use the opening for sampling or removal, or for equipment
inspection, maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iii) Except as provided in paragraph (e)(1)(iv) of this section,
the closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(iv) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
[[Page 163]]
(v) The individual drain system shall be designed and operated to
segregate the vapors within the system from other drain systems and the
atmosphere.
(2) Each individual drain system shall be inspected initially, and
semiannually thereafter, for improper work practices and control
equipment failures, in accordance with Sec. 63.1258(g).
(i) For individual drain systems, improper work practice includes,
but is not limited to, leaving open any access hatch or other opening
when such hatch or opening is not in use for sampling or removal, or for
equipment inspection, maintenance, or repair.
(ii) For individual drain systems, control equipment failure
includes, but is not limited to, any time a joint, lid, cover, or door
has a gap or crack, or is broken.
(3) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
(4) If the owner or operator elects to comply with this paragraph,
the owner or operator shall comply with the requirements in paragraphs
(e)(4) (i) through (iii) of this section:
(i) Each drain shall be equipped with water seal controls or a
tightly fitting cap or plug. The owner or operator shall comply with
paragraphs (e)(4)(i)(A) and (B) of this section.
(A) For each drain equipped with a water seal, the owner or operator
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water
line supplying a trap or water being continuously dripped into the trap
by a hose could be used to verify flow of water to the trap. Visual
observation is also an acceptable alternative.
(B) If a water seal is used on a drain receiving affected
wastewater, the owner or operator shall either extend the pipe
discharging the wastewater below the liquid surface in the water seal of
the receiving drain, or install a flexible shield (or other enclosure
which restricts wind motion across the open area between the pipe and
the drain) that encloses the space between the pipe discharging the
wastewater to the drain receiving the wastewater. (Water seals which are
used on hubs receiving wastewater that is not subject to the provisions
of this subpart for the purpose of eliminating cross ventilation to
drains carrying affected wastewater are not required to have a flexible
shield or extended subsurface discharging pipe.)
(ii) Each junction box shall be equipped with a tightly fitting
solid cover (i.e., no visible gaps, cracks, or holes) which shall be
kept in place at all times except during inspection and maintenance. If
the junction box is vented, the owner or operator shall comply with the
requirements in paragraph (e)(4)(ii) (A) or (B) of this section.
(A) The junction box shall be vented to a process or through a
closed-vent system to a control device. The closed-vent system shall be
inspected in accordance with the requirements of Sec. 63.1258(h) and
the control device shall be designed, operated, and inspected in
accordance with the requirements of paragraph (h) of this section.
(B) If the junction box is filled and emptied by gravity flow (i.e.,
there is no pump) or is operated with no more than slight fluctuations
in the liquid level, the owner or operator may vent the junction box to
the atmosphere provided that the junction box complies with the
requirements in paragraphs (e)(4)(ii)(B) (1) and (2) of this section.
(1) The vent pipe shall be at least 90 centimeters in length and no
greater than 10.2 centimeters in nominal inside diameter.
(2) Water seals shall be installed and maintained at the wastewater
entrance(s) to or exit from the junction box restricting ventilation in
the individual drain system and between components in the individual
drain system. The owner or operator shall demonstrate (e.g., by visual
inspection or smoke test) upon request by the Administrator that the
junction box water seal is properly designed and restricts ventilation.
[[Page 164]]
(iii) The owner or operator shall operate and maintain sewer lines
as specified in paragraphs (e)(4)(iii)(A) and (B) of this section.
(A) Except as specified in paragraph (e)(4)(iii)(B) of this section,
each sewer line shall not be open to the atmosphere and shall be covered
or enclosed in a manner so as to have no visible gaps or cracks in
joints, seals, or other emission interfaces.
Note: This provision applies to sewers located inside and outside of
buildings.
(B) A sewer line connected to drains that are in compliance with
paragraph (e)(4)(i) of this section may be vented to the atmosphere,
provided that the sewer line entrance to the first downstream junction
box is water sealed and the sewer line vent pipe is designed as
specified in paragraph (e)(4)(ii)(B)(1) of this section.
(5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or
(iii) of this section shall be inspected as follows:
(i) Each drain using a tightly fitting cap or plug shall be visually
inspected initially, and semiannually thereafter, to ensure caps or
plugs are in place and that there are no gaps, cracks, or other holes in
the cap or plug.
(ii) Each junction box shall be visually inspected initially, and
semiannually thereafter, to ensure that there are no gaps, cracks, or
other holes in the cover.
(iii) The unburied portion of each sewer line shall be visually
inspected initially, and semiannually thereafter, for indication of
cracks or gaps that could result in air emissions.
(6) Except as provided in paragraph (i) of this section, when a gap,
hole, or crack is identified in a joint or cover, first efforts at
repair shall be made no later than 5 calendar days after identification,
and repair shall be completed within 15 calendar days after
identification.
(f) Oil-water separators. For each oil-water separator that
receives, manages, or treats affected wastewater or a residual removed
from affected wastewater, the owner or operator shall comply with the
requirements of paragraphs (f)(1) through (6) of this section.
(1) The owner or operator shall maintain one of the following:
(i) A fixed roof and a closed-vent system that routes the organic
HAP vapors vented from the oil-water separator to a control device. The
fixed roof, closed-vent system, and control device shall meet the
requirements specified in paragraph (f)(2) of this section;
(ii) A floating roof that meets the requirements in 40 CFR 60.693-
2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the
oil-water separator where it is infeasible to construct and operate a
floating roof, such as over the weir mechanism, the owner or operator
shall operate and maintain a fixed roof, closed-vent system, and control
device that meet the requirements specified in paragraph (f)(2) of this
section.
(2) A fixed roof shall meet the requirements of paragraph (f)(2)(i)
of this section, a control device shall meet the requirements of
paragraph (f)(2)(ii) of this section, and a closed-vent system shall
meet the requirements of (f)(2)(iii) of this section.
(i) The fixed roof shall meet the following requirements:
(A) Except as provided in (f)(2)(iv) of this section, the fixed roof
and all openings (e.g., access hatches, sampling ports, and gauge wells)
shall be maintained in accordance with the requirements specified in
Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed, sealed position
(e.g., covered by a lid that is gasketed and latched) at all times that
the oil-water separator contains affected wastewater or a residual
removed from affected wastewater except when it is necessary to use the
opening for sampling or removal, or for equipment inspection,
maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with the requirements of paragraph (h) of this section.
(iii) Except as provided in paragraph (f)(2)(iv) of this section,
the closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.1258(h).
(iv) For any fixed-roof and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to
[[Page 165]]
comply with the requirements of Sec. 63.1258(h).
(3) If the owner or operator elects to comply with the requirements
of paragraph (f)(1)(ii) of this section, seal gaps shall be measured
according to the procedures specified in 40 CFR part 60, subpart QQQ
Sec. 60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i)
and (ii) of this section.
(i) Measurement of primary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of affected wastewater or a residual removed from affected wastewater
and once every 5 years thereafter.
(ii) Measurement of secondary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of affected wastewater or a residual removed from affected wastewater
and once every year thereafter.
(4) Each oil-water separator shall be inspected initially, and
semiannually thereafter, for improper work practices in accordance with
Sec. 63.1258(g). For oil-water separators, improper work practice
includes, but is not limited to, leaving open or ungasketed any access
door or other opening when such door or opening is not in use.
(5) Each oil-water separator shall be inspected for control
equipment failures as defined in paragraph (f)(5)(i) of this section
according to the schedule specified in paragraphs (f)(5)(ii) and (iii)
of this section.
(i) For oil-water separators, control equipment failure includes,
but is not limited to, the conditions specified in paragraphs
(f)(5)(i)(A) through (G) of this section.
(A) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(B) There is stored liquid on the floating roof.
(C) A rim seal is detached from the floating roof.
(D) There are holes, tears, or other open spaces in the rim seal or
seal fabric of the floating roof.
(E) There are gaps between the primary seal and the separator wall
that exceed 67 square centimeters per meter of separator wall perimeter
or the width of any portion of any gap between the primary seal and the
separator wall exceeds 3.8 centimeters.
(F) There are gaps between the secondary seal and the separator wall
that exceed 6.7 square centimeters per meter of separator wall perimeter
or the width of any portion of any gap between the secondary seal and
the separator wall exceeds 1.3 centimeters.
(G) A gasket, joint, lid, cover, or door has a gap or crack, or is
broken.
(ii) The owner or operator shall inspect for the control equipment
failures in paragraphs (f)(5)(i)(A) through (F) according to the
schedule specified in paragraph (f)(3) of this section.
(iii) The owner or operator shall inspect for control equipment
failures in paragraph (f)(5)(i)(G) of this section initially, and
semiannually thereafter.
(6) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
(g) Performance standards for treatment processes managing
wastewater and/or residuals removed from wastewater. This section
specifies the performance standards for treating affected wastewater.
The owner or operator shall comply with the requirements as specified in
paragraphs (g)(1) through (6) of this section. Where multiple compliance
options are provided, the options may be used in combination for
different wastewater and/or for different compounds (e.g., soluble
versus partially soluble compounds) in the same wastewater, except where
otherwise provided in this section. Once affected wastewater or a
residual removed from affected wastewater has been treated in accordance
with this subpart, it is no longer subject to the requirements of this
subpart.
(1) Existing source. For a wastewater stream at an existing source
that exceeds or is designated to exceed the concentration and load
criteria in paragraph (a)(1)(i)(A) of this section, the owner or
operator shall comply with a control option in paragraph (g)(8) of this
section. For a wastewater
[[Page 166]]
stream at an existing source that exceeds the concentration and load
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, the
owner or operator shall comply with a control option in paragraph (g)(8)
of this section and a control option in paragraph (g)(9) of this
section. As an alternative to the control options in paragraphs (g)(8)
and (g)(9) of this section, the owner or operator may comply with a
control option in either paragraph (g)(10), (11) or (13) of this
section, as applicable.
(2) New source. For a wastewater stream at a new source that exceeds
or is designated to exceed the concentration and load criteria in
paragraph (a)(1)(i)(A) of this section, the owner or operator shall
comply with a control option in paragraph (g)(8) of this section. For
wastewater at a new source that exceeds the concentration and load
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, but
does not exceed the criteria in paragraph (a)(1)(i)(D) of this section,
the owner or operator shall comply with a control option in paragraph
(g)(8) of this section and a control option in paragraph (g)(9) of this
section. As an alternative to the control options in paragraphs (g)(8)
and/or (9) of this section, the owner or operator may comply with a
control option in either paragraph (g)(10), (11), or (13) of this
section, as applicable. For a wastewater stream at a new source that
exceeds or is designated to exceed the concentration and load criteria
in paragraph (a)(1)(i)(D) of this section, the owner or operator shall
comply with a control option in paragraph (g)(12) or (13) of this
section.
(3) Biological treatment processes. Biological treatment processes
in compliance with this section may be either open or closed biological
treatment processes as defined in Sec. 63.1251. An open biological
treatment process in compliance with this section need not be covered
and vented to a control device. An open or a closed biological treatment
process in compliance with this section and using Sec.
63.1257(e)(2)(iii)(E) or (F) to demonstrate compliance is not subject to
the requirements of paragraphs (b) and (c) of this section. A closed
biological treatment process in compliance with this section and using
Sec. 63.1257(e)(2)(iii)(G) to demonstrate compliance shall comply with
the requirements of paragraphs (b) and (c) of this section. Waste
management units upstream of an open or closed biological treatment
process shall meet the requirements of paragraphs (b) through (f) of
this section, as applicable.
(4) Performance tests and design evaluations. If the Resource
Conservation and Recovery Act (RCRA) option [paragraph (g)(13) of this
section] or the enhanced biological treatment process for soluble HAP
compounds option [paragraph (g)(10) of this section] is selected to
comply with this section, neither a design evaluation nor a performance
test is required. For any other nonbiological treatment process, and for
closed biological treatment processes as defined in Sec. 63.1251, the
owner or operator shall conduct either a design evaluation as specified
in Sec. 63.1257(e)(2)(ii) or performance test as specified in Sec.
63.1257(e)(2)(iii). For each open biological treatment process as
defined in Sec. 63.1251, the owner or operator shall conduct a
performance test as specified in Sec. 63.1257(e)(2)(iii)(E) or (F).
(5) Control device requirements. When gases are vented from the
treatment process, the owner or operator shall comply with the
applicable control device requirements specified in paragraph (h) of
this section and Sec. 63.1257(e)(3), and the applicable leak inspection
provisions specified in Sec. 63.1258(h). This requirement is in
addition to the requirements for treatment systems specified in
paragraphs (g)(8) through (14) of this section. This requirement does
not apply to any open biological treatment process that meets the mass
removal requirements.
(6) Residuals: general. When residuals result from treating affected
wastewater, the owner or operator shall comply with the requirements for
residuals specified in paragraph (g)(14) of this section.
(7) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment process or control device to comply with emissions
limitations, the owner
[[Page 167]]
or operator may use multiple treatment processes or control devices,
respectively. For combinations of treatment processes where the
wastewater stream is conveyed by hard-piping, the owner or operator
shall comply with either the requirements of paragraph (g)(7)(i) or (ii)
of this section. For combinations of treatment processes where the
wastewater stream is not conveyed by hard-piping, the owner or operator
shall comply with the requirements of paragraph (g)(7)(ii) of this
section. For combinations of control devices, the owner or operator
shall comply with the requirements of paragraph (g)(7)(i) of this
section.
(i) Compliance across the combination of all treatment units or
control devices in series. (A) For combinations of treatment processes,
the wastewater stream shall be conveyed by hard-piping between the
treatment processes. For combinations of control devices, the vented gas
stream shall be conveyed by hard-piping between the control devices.
(B) For combinations of treatment processes, each treatment process
shall meet the applicable requirements of paragraphs (b) through (f) of
this section, except as provided in paragraph (g)(3) of this section.
(C) The owner or operator shall identify, and keep a record of, the
combination of treatment processes or of control devices, including
identification of the first and last treatment process or control
device. The owner or operator shall include this information as part of
the treatment process description reported in the Notification of
Compliance Status.
(D) The performance test or design evaluation shall determine
compliance across the combination of treatment processes or control
devices. If a performance test is conducted, the ``inlet'' shall be the
point at which the wastewater stream or residual enters the first
treatment process, or the vented gas stream enters the first control
device. The ``outlet'' shall be the point at which the treated
wastewater stream exits the last treatment process, or the vented gas
stream exits the last control device.
(ii) Compliance across individual units. (A) For combinations of
treatment processes, each treatment process shall meet the applicable
requirements of paragraphs (b) through (f) of this section except as
provided in paragraph (g)(3) of this section.
(B) The owner or operator shall identify, and keep a record of, the
combination of treatment processes, including identification of the
first and last treatment process. The owner or operator shall include
this information as part of the treatment process description reported
in the Notification of Compliance Status report.
(C) The owner or operator shall determine the mass removed or
destroyed by each treatment process. The performance test or design
evaluation shall determine compliance for the combination of treatment
processes by adding together the mass removed or destroyed by each
treatment process and determine the overall control efficiency of the
treatment system.
(8) Control options: Wastewater containing partially soluble HAP
compounds. The owner or operator shall comply with either paragraph
(g)(8)(i) or (ii) of this section for the control of partially soluble
HAP compounds at new or existing sources.
(i) 50 ppmw concentration option. The owner or operator shall comply
with paragraphs (g)(8)(i)(A) and (B) of this section.
(A) Reduce, by removal or destruction, the concentration of total
partially soluble HAP compounds to a level less than 50 ppmw as
determined by the procedures specified in Sec. 63.1257(e)(2)(iii)(B).
(B) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. Dilution shall not be used to
achieve compliance with this option.
(ii) Percent mass removal/destruction option. The owner or operator
shall reduce, by removal or destruction, the mass of total partially
soluble HAP compounds by 99 percent or more. The removal destruction
efficiency shall be determined by the procedures specified in Sec.
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment
processes; Sec. 63.1257(e)(2)(ii) or (iii)(D) for
[[Page 168]]
combustion processes; Sec. 63.1257(e)(2)(iii)(F) for open biological
treatment processes; and Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed
biological treatment processes.
(9) Control options: Wastewater containing soluble HAP compounds.
The owner or operator shall comply with either paragraph (g)(9)(i) or
(ii) of this section for the control of soluble HAP compounds at new or
existing sources.
(i) 520 ppmw concentration option. The owner or operator shall
comply with paragraphs (g)(9)(i)(A) and (B) of this section.
(A) Reduce, by removal or destruction, the concentration of total
soluble HAP compounds to a level less than 520 ppmw as determined in the
procedures specified in Sec. 63.1257(e)(2)(iii)(B).
(B) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. Dilution shall not be used to
achieve compliance with this option.
(ii) Percent mass removal/destruction option. The owner or operator
shall reduce the mass of total soluble HAP by 90 percent or more, either
by removal or destruction. The removal/destruction efficiency shall be
determined by the procedures in Sec. 63.1257(e)(2)(ii) or
(e)(2)(iii)(C) for noncombustion, nonbiological treatment processes;
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(D) for combustion processes;
Sec. 63.1257(e)(2)(iii)(F) for open biological treatment processes; and
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(G) for closed, biological
treatment processes.
(10) Control option: Enhanced biotreatment for wastewater containing
soluble HAP. The owner or operator may elect to treat affected
wastewater streams containing soluble HAP in an enhanced biological
treatment system, as defined in Sec. 63.1251, provided the wastewater
stream contains less than 50 ppmw partially soluble HAP, or the owner or
operator complies with the requirements of paragraph (g)(8) of this
section before treating the affected wastewater stream in the enhanced
biological treatment system. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. These treatment processes are
exempt from the design evaluation or performance tests requirements
specified in paragraph (g)(4) of this section.
(11) 95-percent mass reduction option, for biological treatment
processes. The owner or operator of a new or existing source using
biological treatment for any affected wastewater shall reduce the mass
of total soluble and partially soluble HAP sent to that biological
treatment unit by at least 95 percent. All wastewater as defined in
Sec. 63.1251 entering such a biological treatment unit from PMPU's
subject to this subpart shall be included in the demonstration of the
95-percent mass removal. The owner or operator shall comply with
paragraphs (g)(11)(i) through (iv) of this section.
(i) Except as provided in paragraph (g)(11)(iv) of this section, the
owner or operator shall ensure that all wastewater from PMPU's subject
to this subpart entering a biological treatment unit are treated to
destroy at least 95-percent total mass of all soluble and partially
soluble HAP compounds.
(ii) For open biological treatment processes, compliance shall be
determined using the procedures specified in Sec.
63.1257(e)(2)(iii)(E). For closed aerobic biological treatment
processes, compliance shall be determined using the procedures specified
in Sec. 63.1257(e)(2)(ii), (iii)(E), or (iii)(G). For closed anaerobic
biological treatment processes, compliance shall be determined using the
procedures specified in Sec. 63.1257(e)(2)(ii) or (iii)(G).
(iii) For each treatment process or waste management unit that
receives, manages, or treats wastewater subject to this paragraph, from
the POD to the biological treatment unit, the owner or operator shall
comply with paragraphs (b) through (f) of this section for control of
air emissions. When complying with this paragraph, the term affected
wastewater in paragraphs (b) through (f) of this section shall mean all
wastewater from PMPU's, not just affected wastewater.
(iv) If wastewater is in compliance with the requirements in
paragraph (g)(8), (9), or (12) of this section before entering the
biological treatment unit,
[[Page 169]]
the hazardous air pollutants mass of that wastewater is not required to
be included in the total mass flow rate entering the biological
treatment unit for the purpose of demonstrating compliance.
(12) Percent mass removal/destruction option for soluble HAP
compounds at new sources. The owner or operator of a new source shall
reduce, by removal or destruction, the mass flow rate of total soluble
HAP from affected wastewater by 99 percent or more. The removal/
destruction efficiency shall be determined by the procedures in Sec.
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment
processes; Sec. 63.1257(e)(2)(ii) and (iii)(D) for combustion
processes; Sec. 63.1257(e)(2)(iii)(F) for open biological treatment
processes; and Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed biological
treatment processes.
(13) Treatment in a RCRA unit option. The owner or operator shall
treat the affected wastewater or residual in a unit identified in, and
complying with, paragraph (g)(13)(i), (ii), or (iii) of this section.
These units are exempt from the design evaluation or performance tests
requirements specified in paragraph (g)(4) of this section and Sec.
63.1257(e)(2), and from the monitoring requirements specified in
paragraph (a)(2)(iii) of this section, as well as recordkeeping and
reporting requirements associated with monitoring and performance tests.
(i) The wastewater or residual is discharged to a hazardous waste
incinerator for which the owner or operator has been issued a final
permit under 40 CFR part 270 and complies with the requirements of 40
CFR part 264, subpart O, or has certified compliance with the interim
status requirements of 40 CFR part 265, subpart O;
(ii) The wastewater or residual is discharged to a process heater or
boiler burning hazardous waste for which the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iii) The wastewater or residual is discharged to an underground
injection well for which the owner or operator has been issued a final
permit under 40 CFR part 270 or 40 CFR part 144 and complies with the
requirements of 40 CFR part 122. The owner or operator shall comply with
all applicable requirements of this subpart prior to the point where the
wastewater enters the underground portion of the injection well.
(14) Residuals. For each residual removed from affected wastewater,
the owner or operator shall control for air emissions by complying with
paragraphs (b) through (f) of this section and by complying with one of
the provisions in paragraphs (g)(14)(i) through (iv) of this section.
(i) Recycle the residual to a production process or sell the
residual for the purpose of recycling. Once a residual is returned to a
production process, the residual is no longer subject to this section.
(ii) Return the residual to the treatment process.
(iii) Treat the residual to destroy the total combined mass flow
rate of soluble and/or partially soluble HAP compounds by 99 percent or
more, as determined by the procedures specified in Sec.
63.1257(e)(2)(iii)(C) or (D).
(iv) Comply with the requirements for RCRA treatment options
specified in paragraph (g)(13) of this section.
(h) Control devices. For each control device or combination of
control devices used to comply with the provisions in paragraphs (b)
through (f) and (g)(5) of this section, the owner or operator shall
operate and maintain the control device or combination of control
devices in accordance with the requirements of paragraphs (h)(1) through
(5) of this section.
(1) Whenever organic HAP emissions are vented to a control device
which is used to comply with the provisions of this subpart, such
control device shall be operating.
(2) The control device shall be designed and operated in accordance
with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as
demonstrated by the provisions in Sec. 63.1257(e)(3).
(i) An enclosed combustion device (including but not limited to a
vapor
[[Page 170]]
incinerator, boiler, or process heater) shall meet the conditions in
paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in
combination with other control devices. If a boiler or process heater is
used as the control device, then the vent stream shall be introduced
into the flame zone of the boiler or process heater.
(A) Reduce the organic HAP emissions vented to the control device by
95 percent by weight or greater;
(B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis
corrected to 3 percent oxygen. The owner or operator shall use either
Method 18 of 40 CFR part 60, appendix A, or any other method or data
that has been validated according to the applicable procedures in Method
301 of appendix A of this part; or
(C) Provide a minimum residence time of 0.5 seconds at a minimum
temperature of 760 [deg]C.
(ii) A vapor recovery system (including but not limited to a carbon
adsorption system or condenser), alone or in combination with other
control devices, shall reduce the organic HAP emissions vented to the
control device by 95 percent by weight or greater or achieve an outlet
TOC concentration of 20 ppmv. The 20 ppmv performance standard is not
applicable to compliance with the provisions of paragraphs (c) or (d) of
this section.
(iii) A flare shall comply with the requirements of Sec. 63.11(b).
(iv) A scrubber, alone or in combination with other control devices,
shall reduce the organic HAP emissions in such a manner that 95 weight-
percent is either removed, or destroyed by chemical reaction with the
scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The
20 ppmv performance standard is not applicable to compliance with the
provisions of paragraphs (c) or (d) of this section.
(v) Any other control device used shall, alone or in combination
with other control devices, reduce the organic HAP emissions vented to
the control device by 95 percent by weight or greater or achieve an
outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is
not applicable to compliance with the provisions of paragraphs (c) or
(d) of this section.
(3) If the control device is a combustion device, the owner or
operator shall comply with the requirements in Sec. 63.1252(g) to
control halogenated vent streams.
(4) Except as provided in paragraph (i) of this section, if gaps,
cracks, tears, or holes are observed in ductwork, piping, or connections
to covers and control devices during an inspection, a first effort to
repair shall be made as soon as practical but no later than 5 calendar
days after identification. Repair shall be completed no later than 15
calendar days after identification or discovery of the defect.
(5) The provisions in paragraphs (h)(1) through (4) of this section
apply at all times, except as specified in Sec. 63.1250(g). The owner
or operator may not comply with the planned routine maintenance
provisions in Sec. 63.1252(h) for vent streams from waste management
units.
(i) Delay of repair. Delay of repair of equipment for which a
control equipment failure or a gap, crack, tear, or hole has been
identified, is allowed if the repair is technically infeasible without a
shutdown, as defined in Sec. 63.1251, or if the owner or operator
determines that emissions of purged material from immediate repair would
be greater than the emissions likely to result from delay of repair.
Repair of this equipment shall occur by the end of the next shutdown.
(1) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the equipment is emptied or is no longer used to treat or manage
affected wastewater or residuals removed from affected wastewater.
(2) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified is also
allowed if additional time is necessary due to the unavailability of
parts beyond the control of the owner or operator. Repair shall be
completed as soon as practical. The owner or operator who uses this
provision shall comply with the requirements of
[[Page 171]]
Sec. 63.1259(h) to document the reasons that the delay of repair was
necessary.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52607, Aug. 29, 2000;
66 FR 40133, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1257 Test methods and compliance procedures.
(a) General. Except as specified in paragraph (a)(5) of this
section, the procedures specified in paragraphs (c), (d), (e), and (f)
of this section are required to demonstrate initial compliance with
Sec. Sec. 63.1253, 63.1254, 63.1256, and 63.1252(e), respectively. The
provisions in paragraphs (a)(2) and (3) apply to performance tests that
are specified in paragraphs (c), (d), and (e) of this section. The
provisions in paragraph (a)(5) of this section are used to demonstrate
initial compliance with the alternative standards specified in
Sec. Sec. 63.1253(d) and 63.1254(c). The provisions in paragraph (a)(6)
of this section are used to comply with the outlet concentration
requirements specified in Sec. Sec. 63.1253(c), 63.1254(a)(2)(i), and
(a)(3)(ii)(B), 63.1254(b)(i), and 63.1256(h)(2). Performance tests shall
be conducted under such conditions representative of 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.
(1) Design evaluation. To demonstrate that a control device meets
the required control efficiency, a design evaluation must address the
composition and organic HAP concentration of the vent stream entering
the control device. A design evaluation also must address other vent
stream characteristics and control device operating parameters as
specified in any one of paragraphs (a)(1) (i) through (vi) of this
section, depending on the type of control device that is used. If the
vent stream is not the only inlet to the control device, the efficiency
demonstration also must consider all other vapors, gases, and liquids,
other than fuels, received by the control device.
(i) For an enclosed combustion device used to comply with the
provisions of 63.1253 (b)(2) or (c)(2), or 63.1256(h)(2)(i)(C) with a
minimum residence time of 0.5 seconds and a minimum temperature of 760
[deg]C, the design evaluation must document that these conditions exist.
(ii) For a combustion control device that does not satisfy the
criteria in paragraph (a)(1)(i) of this section, the design evaluation
must document control efficiency and address the following
characteristics, depending on the type of control device:
(A) For a thermal vapor incinerator, the design evaluation must
consider the autoignition temperature of the organic HAP, must consider
the vent stream flow rate, and must establish the design minimum and
average temperature in the combustion zone and the combustion zone
residence time.
(B) For a catalytic vapor incinerator, the design evaluation shall
consider the vent stream flow rate and shall establish the design
minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process heater, the design evaluation shall
consider the vent stream flow rate; shall establish the design minimum
and average flame zone temperatures and combustion zone residence time;
and shall describe the method and location where the vent stream is
introduced into the flame zone.
(iii) For a condenser, the design evaluation shall consider the vent
stream flow rate, relative humidity, and temperature and shall establish
the design outlet organic HAP compound concentration level, design
average temperature of the condenser exhaust vent stream, and the design
average temperatures of the coolant fluid at the condenser inlet and
outlet. The temperature of the gas stream exiting the condenser must be
measured and used to establish the outlet organic HAP concentration.
(iv) For a carbon adsorption system that regenerates the carbon bed
directly onsite in the control device such as a fixed-bed adsorber, the
design evaluation shall consider the vent stream flow rate, relative
humidity, and temperature and shall establish the design exhaust vent
stream organic compound concentration level, adsorption cycle time,
number and capacity
[[Page 172]]
of carbon beds, type and working capacity of activated carbon used for
carbon beds, design total regeneration stream mass or volumetric flow
over the period of each complete carbon bed regeneration cycle, design
carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon. For vacuum
desorption, the pressure drop shall be included.
(v) For a carbon adsorption system that does not regenerate the
carbon bed directly onsite in the control device such as a carbon
canister, the design evaluation shall consider the vent stream mass or
volumetric flow rate, relative humidity, and temperature and shall
establish the design exhaust vent stream organic compound concentration
level, capacity of carbon bed, type and working capacity of activated
carbon used for carbon bed, and design carbon replacement interval based
on the total carbon working capacity of the control device and source
operating schedule.
(vi) For a scrubber, the design evaluation shall consider the vent
stream composition; constituent concentrations; liquid-to-vapor ratio;
scrubbing liquid flow rate and concentration; temperature; and the
reaction kinetics of the constituents with the scrubbing liquid. The
design evaluation shall establish the design exhaust vent stream organic
compound concentration level and will include the additional information
in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a
packed column scrubber.
(A) Type and total number of theoretical and actual trays;
(B) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.
(2) Calculation of TOC or total organic HAP concentration. The TOC
concentration or total organic HAP concentration is the sum of the
concentrations of the individual components. If compliance is being
determined based on TOC, the owner or operator shall compute TOC for
each run using Equation 6 of this subpart. If compliance with the
wastewater provisions is being determined based on total organic HAP,
the owner or operator shall compute total organic HAP using Equation 6
of this subpart, except that only the organic HAP compounds shall be
summed; when determining compliance with paragraph (e)(3)(i) of this
section, only the soluble and partially soluble HAP compounds shall be
summed.
[GRAPHIC] [TIFF OMITTED] TR21SE98.003
where:
CGT = total concentration of TOC in vented gas stream,
average of samples, dry basis, ppmv
CGSi, j = concentration of sample components in vented gas
stream for sample j, dry basis, ppmv
i = identifier for a compound
n = number of components in the sample
j = identifier for a sample
m = number of samples in the sample run
(3) Outlet concentration correction for supplemental gases--(i)
Combustion devices. Except as provided in Sec. 63.1258(b)(5)(ii)(A),
for a combustion device used to comply with an outlet concentration
standard, the actual TOC, organic HAP, and hydrogen halide and halogen
must be corrected to 3 percent oxygen if supplemental gases, as defined
in Sec. 63.1251, are added to the vent stream or manifold. The
integrated sampling and analysis procedures of Method 3B of 40 CFR part
60, appendix A, shall be used to determine the actual oxygen
concentration (%O2d). The samples shall be taken during the
same time that the TOC or total organic HAP or hydrogen halides and
halogen samples are taken. The concentration corrected to 3 percent
oxygen (Cd) shall be computed using Equation 7A of this
subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.002
Where:
Cc = concentration of TOC or total organic HAP or hydrogen
halide and halogen corrected to 3 percent oxygen, dry basis,
ppmv
Cm = total concentration of TOC or total organic HAP or
hydrogen halide and halogen in vented gas stream, average of
samples, dry basis, ppmv
%O2d = concentration of oxygen measured in vented gas stream,
dry basis, percent by volume
[[Page 173]]
(ii) Noncombustion devices. Except as provided in Sec.
63.1258(b)(5)(ii)(B), if a control device other than a combustion device
is used to comply with a TOC, organic HAP, or hydrogen halide outlet
concentration standard, the owner or operator must correct the actual
concentration for supplemental gases using Equation 7B of this subpart;
process knowledge and representative operating data may be used to
determine the fraction of the total flow due to supplemental gas.
[GRAPHIC] [TIFF OMITTED] TR29AU00.003
Where:
Ca = corrected outlet TOC, organic HAP, and hydrogen halides
and halogens concentration, dry basis, ppmv
Cm = actual TOC, organic HAP, and hydrogen halides and
halogens concentration measured at control device outlet, dry
basis, ppmv
Va = total volumetric flow rate of all gas streams vented to
the control device, except supplemental gases
Vs = total volumetric flow rate of supplemental gases
(4) Exemptions from compliance demonstrations. An owner or operator
using any control device specified in paragraphs (a)(4)(i) through (iv)
of this section is exempt from the initial compliance provisions in
paragraphs (c), (d), and (e) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater into which the emission stream is
introduced with the primary fuel.
(iii) A boiler or process heater burning hazardous waste for which
the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iv) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(5) Initial compliance with alternative standard. Initial compliance
with the alternative standards in Sec. Sec. 63.1253(d) and 63.1254(c)
for combustion devices is demonstrated when the outlet TOC concentration
is 20 ppmv or less, and the outlet hydrogen halide and halogen
concentration is 20 ppmv or less. Initial compliance with the
alternative standards in Sec. Sec. 63.1253(d) and 63.1254(c) for
noncombustion devices is demonstrated when the outlet TOC concentration
is 50 ppmv or less, and the outlet hydrogen halide and hydrogen
concentration is 50 ppmv or less. To demonstrate initial compliance, the
owner or operator shall be in compliance with the monitoring provisions
in Sec. 63.1258(b)(5) on the initial compliance date. The owner or
operator shall use Method 18 to determine the predominant organic HAP in
the emission stream if the TOC monitor is calibrated on the predominant
HAP.
(6) Initial compliance with the 20 ppmv outlet limit. Initial
compliance with the 20 ppmv TOC and hydrogen halide and halogen
concentration is demonstrated when the outlet TOC concentration is 20
ppmv or less, and the outlet hydrogen halide and halogen concentration
is 20 ppmv or less. To demonstrate initial compliance, the operator
shall use test methods described in paragraph (b) of this section. The
owner or operator shall comply with the monitoring provisions in Sec.
63.1258(b)(1) through (4) on the initial compliance date.
(b) Test methods. When testing is conducted to measure emissions
from an affected source, the test methods specified in paragraphs (b)(1)
through (10) of this section shall be used.
(1) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
(2) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for
velocity and volumetric flow rates.
(3) EPA Method 3 of appendix A of part 60 is used for gas analysis.
(4) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
(5) [Reserved]
(6) The following methods are specified for concentration
measurements:
[[Page 174]]
(i) Method 18 may be used to determine HAP concentration in any
control device efficiency determination.
(ii) Method 25 of appendix A of part 60 may be used to determine
total gaseous nonmethane organic concentration for control efficiency
determinations in combustion devices.
(iii) Method 26 or 26A of appendix A of part 60 shall be used to
determine hydrogen chloride, hydrogen halide and halogen concentrations
in control device efficiency determinations or in the 20 ppmv outlet
hydrogen halide concentration standard.
(iv) Method 25A of appendix A of part 60 may be used to determine
the HAP or TOC concentration for control device efficiency
determinations under the conditions specified in Method 25 of appendix A
for direct measurement of an effluent with a flame ionization detector,
or in demonstrating compliance with the 20 ppmv TOC outlet standard. If
Method 25A is used to determine the concentration of TOC for the 20 ppmv
standard, the instrument shall be calibrated on methane or the
predominant HAP. If calibrating on the predominant HAP, the use of
Method 25A shall comply with paragraphs (b)(6)(iv)(A) through (C) of
this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume.
(B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable
if the response from the high level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(C) The span value of the analyzer must be less than 100 ppmv.
(7) Testing conditions for continuous processes. Testing of
emissions on equipment operating as part of a continuous process will
consist of three l-hour runs. Gas stream volumetric flow rates shall be
measured every 15 minutes during each 1-hour run. The HAP concentration
shall be determined from samples collected in an integrated sample over
the duration of each l-hour test run, or from grab samples collected
simultaneously with the flow rate measurements (every 15 minutes). If an
integrated sample is collected for laboratory analysis, the sampling
rate shall be adjusted proportionally to reflect variations in flow
rate. For continuous gas streams, the emission rate used to determine
compliance shall be the average emission rate of the three test runs.
(8) Testing and compliance determination conditions for batch
processes. Testing of emissions on equipment where the flow of gaseous
emissions is intermittent (batch operations) shall be conducted as
specified in paragraphs (b)(8)(i) through (iii) of this section.
(i) Except as provided in paragraph (b)(9) of this section for
condensers, testing shall be conducted at absolute worst-case conditions
or hypothetical worst-case conditions. Gas stream volumetric flow rates
shall be measured at 15-minute intervals. The HAP or TOC concentration
shall be determined from samples collected in an integrated sample over
the duration of the test, or from grab samples collected simultaneously
with the flow rate measurements (every 15 minutes). If an integrated
sample is collected for laboratory analysis, the sampling rate shall be
adjusted proportionally to reflect variations in flow rate. The absolute
worst-case or hypothetical worst-case conditions shall be characterized
by the criteria presented in paragraphs (b)(8)(i)(A) and (B)of this
section. In all cases, a site-specific plan shall be submitted to the
Administrator for approval prior to testing in accordance with Sec.
63.7(c) and Sec. 63.1260(l). The test plan shall include the emission
profile described in paragraph (b)(8)(ii) of this section.
(A) Absolute worst-case conditions are defined by the criteria
presented in paragraph (b)(8)(i)(A)(1) or (2) of this section if the
maximum load is the most challenging condition for the control device.
Otherwise, absolute worst-case conditions are defined by the conditions
in paragraph (b)(8)(i)(A)(3) of this section. The owner or operator must
consider all relevant factors, including load and compound-specific
characteristics in defining absolute worst-case conditions.
(1) The period in which the inlet to the control device will contain
at least
[[Page 175]]
50 percent of the maximum HAP load (in lb) capable of being vented to
the control device over any 8 hour period. An emission profile as
described in paragraph (b)(8)(ii)(A) of this section shall be used to
identify the 8-hour period that includes the maximum projected HAP load.
(2) A 1-hour period of time in which the inlet to the control device
will contain the highest HAP mass loading rate, in lb/hr, capable of
being vented to the control device. An emission profile as described in
paragraph (b)(8)(ii)(A) of this section shall be used to identify the 1-
hour period of maximum HAP loading.
(3) The period of time when the HAP loading or stream composition
(including non-HAP) is most challenging for the control device. These
conditions include, but are not limited to the following:
(i) Periods when the stream contains the highest combined VOC and
HAP load, in lb/hr, described by the emission profiles in paragraph
(b)(8)(ii) of this section;
(ii) Periods when the streams contain HAP constituents that approach
limits of solubility for scrubbing media;
(iii) Periods when the streams contain HAP constituents that
approach limits of adsorptivity for carbon adsorption systems.
(B) Hypothetical worst-case conditions are simulated test conditions
that, at a minimum, contain the highest hourly HAP load of emissions
that would be predicted to be vented to the control device from the
emissions profile described in paragraph (b)(8)(ii)(B) or (C) of this
section.
(ii) Emissions profile. The owner or operator may choose to perform
tests only during those periods of the worst-case conditions that the
owner or operator selects to control as part of achieving the required
emission reduction. The owner or operator must develop an emission
profile for the vent to the control device that describes the
characteristics of the vent stream at the inlet to the control device
under worst case conditions. The emission profile shall be developed
based on any one of the procedures described in (b)(8)(ii)(A) through
(C) of this section, as required by paragraph (b)(8)(i).
(A) Emission profile by process. The emission profile must consider
all emission episodes that could contribute to the vent stack for a
period of time that is sufficient to include all processes venting to
the stack and shall consider production scheduling. The profile shall
describe the HAP load to the device that equals the highest sum of
emissions from the episodes that can vent to the control device in any
given hour. Emissions per episode shall be calculated using the
procedures specified in paragraph (d)(2) of this section. Emissions per
episode shall be divided by the duration of the episode only if the
duration of the episode is longer than 1 hour.
(B) Emission profile by equipment. The emission profile must consist
of emissions that meet or exceed the highest emissions, in lb/hr, that
would be expected under actual processing conditions. The profile shall
describe equipment configurations used to generate the emission events,
volatility of materials processed in the equipment, and the rationale
used to identify and characterize the emission events. The emissions may
be based on using a compound more volatile than compounds actually used
in the process(es), and the emissions may be generated from all
equipment in the process(es) or only selected equipment.
(C) Emission profile by capture and control device limitation. The
emission profile shall consider the capture and control system
limitations and the highest emissions, in lb/hr, that can be routed to
the control device, based on maximum flowrate and concentrations
possible because of limitations on conveyance and control equipment
(e.g., fans, LEL alarms and safety bypasses).
(iii) Three runs, at a minimum of 1 hour each and a maximum of 8
hours each, are required for performance testing. Each run must occur
over the same worst-case conditions, as defined in paragraph (b)(8)(i)
of this section.
(9) Testing requirements for condensers. For emission streams
controlled using condensers, continuous direct measurement of condenser
outlet gas temperature to be used in determining concentrations per the
design evaluation described in Sec. 63.1257(a)(1)(iii) is required.
[[Page 176]]
(10) Wastewater testing. Wastewater analysis shall be conducted in
accordance with paragraph (b)(10)(i), (ii), (iii), (iv), or (v) of this
section.
(i) Method 305. Use procedures specified in Method 305 of 40 CFR
part 63, appendix A, and comply with requirements specified in paragraph
(b)(10)(vi) of this section.
(ii) EPA Method 624, 625, 1624, 1625, 1666, or 1671. Use procedures
specified in EPA Method 624, 625, 1624, 1625, 1666, or 1671 of 40 CFR
part 136, appendix A, and comply with requirements in paragraph
(b)(10)(vi) of this section.
(iii) Method 8260 or 8270. Use procedures specified in Method 8260
or 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 8260 or 8270
approved by the EPA. For the purpose of using Method 8260 or 8270 to
comply with this subpart, the owner or operator must maintain a formal
quality assurance program consistent with either Section 8 of Method
8260 or Method 8270, and this program must include the following
elements related to measuring the concentrations of volatile compounds:
(A) 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.
(B) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
(C) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of the
material source before or during sampling with compounds having similar
chemical characteristics to the target analytes.
(iv) Other EPA methods. Use procedures specified in the method,
validate the method using the procedures in paragraph (b)(10)(iv)(A) or
(B) of this section, and comply with the procedures in paragraph
(b)(10)(vi) of this section.
(A) Validate the method according to section 5.1 or 5.3 of Method
301 of 40 CFR part 63, appendix A.
(B) Follow the procedure as specified in ``Alternative Validation
Procedure for EPA Waste Methods'' 40 CFR part 63, appendix D.
(v) Methods other than an EPA method. Use procedures specified in
the method, validate the method using the procedures in paragraph
(b)(10)(iv)(A) of this section, and comply with the requirements in
paragraph (b)(10)(vi) of this section.
(vi) Sampling plan. The owner or operator shall prepare a sampling
plan. Wastewater samples shall be collected using sampling procedures
which minimize loss of organic compounds during sample collection and
analysis and maintain sample integrity. The sample plan shall include
procedures for determining recovery efficiency of the relevant partially
soluble and soluble HAP compounds. An example of an acceptable sampling
plan would be one that incorporates similar sampling and sample handling
requirements to those of Method 25D of 40 CFR part 60, appendix A. The
sampling plan shall be maintained at the facility.
(c) Initial compliance with storage tank provisions. The owner or
operator of an affected storage tank shall demonstrate initial
compliance with Sec. 63.1253(b) or (c), as applicable, by fulfilling
the requirements of paragraph (c)(1),or (c)(2), or (c)(3) of this
section.
(1) Performance test. If this option is chosen to demonstrate
initial compliance with the percent reduction requirement of Sec.
63.1253(b)(1) or (c)(1)(i), the efficiency of the control device shall
be calculated using performance test data as specified in paragraphs
(c)(1)(i) through (iii) of this section. To demonstrate initial
compliance with the outlet concentration requirements in Sec.
63.1253(b)(2) and (c)(2), the owner or operator must conduct a
performance test and fulfill the requirements of paragraph (a)(6) of
this section.
(i) Equations 8 and 9 of this subpart shall be used to calculate the
mass rate of total HAP reasonably expected maximum filling rate at the
inlet and outlet of the control device for standard conditions of 20
[deg]C: where:
[[Page 177]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.005
[GRAPHIC] [TIFF OMITTED] TR21SE98.006
where:
Cij, Coj = concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, ppmv
Ei, Eo = mass rate of total HAP at the inlet and
outlet of the control device, respectively, dry basis, kg/hr
Mij, Moj = molecular weight of sample component j
of the gas stream at the inlet and outlet of the control
device, respectively, gram/gram-mole
Qi, Qo = flow rate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic
meter per minute
K2 = constant, 2.494 x 10-6 (parts per million)
-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature is 20 [deg]C
n = number of sample components in the gas stream
(ii) The percent reduction in total HAP shall be calculated using
Equation 10 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.007
where:
R = control efficiency of control device, percent
Ei = mass rate of total HAP at the inlet to the control
device as calculated under paragraph (c)(1)(i) of this
section, kilograms organic HAP per hour
Eo = mass rate of total HAP at the outlet of the control
device, as calculated under paragraph (c)(1)(i) of this
section, kilograms organic HAP per hour
(iii) A performance test is not required to be conducted if the
control device used to comply with Sec. 63.1253 (storage tank
provisions) is also used to comply with Sec. 63.1254 (process vent
provisions), and compliance with Sec. 63.1254 has been demonstrated in
accordance with paragraph (d) of this section.
(2) Design evaluation. If this option is chosen to demonstrate
initial compliance with the percent reduction requirement of Sec.
63.1253(b) or (c), a design evaluation shall be prepared in accordance
with the provisions in paragraph (a)(1) of this section. The design
evaluation shall include documentation demonstrating that the control
device being used achieves the required control efficiency during
reasonably expected maximum filling rate.
(3) Floating roof. If the owner or operator of an affected source
chooses to comply with the provisions of Sec. 63.1253(b) or (c) by
installing a floating roof, the owner or operator shall comply with the
procedures described in Sec. Sec. 63.119(b), (c), (d), and 63.120(a),
(b), and (c), with the differences noted in paragraphs (c)(3)(i) through
(v) of this section for the purposes of this subpart.
(i) When the term ``storage vessel'' is used in Sec. Sec. 63.119
and 63.120, the definition of ``storage tank'' in Sec. 63.1251 shall
apply for the purposes of this subpart.
(ii) When December 31, 1992 is referred to in Sec. 63.119, April 2,
1997 shall apply instead for the purposes of this subpart.
(iii) When April 22, 1994 is referred to in Sec. 63.119, September
21, 1998 shall apply instead for the purposes of this subpart.
(iv) When the phrase ``the compliance date specified in Sec. 63.100
of subpart F of this part'' is referred to in Sec. 63.120, the phrase
``the compliance date specified in Sec. 63.1250'' shall apply for the
purposes of this subpart.
(v) When the phrase ``the maximum true vapor pressure of the total
organic HAP's in the stored liquid falls below the values defining Group
1 storage vessels specified in table 5 or table 6 of this subpart'' is
referred to in Sec. 63.120(b)(1)(iv), the phrase ``the maximum true
vapor pressure of the total organic HAP in the stored liquid falls below
13.1 kPa'' shall apply for the purposes of this subpart.
(4) Initial compliance with alternative standard. Initial compliance
with Sec. 63.1253(d) is demonstrated by fulfilling the requirements of
paragraph (a)(5) of this section.
(5) Planned maintenance. The owner or operator shall demonstrate
compliance with the requirements of Sec. 63.1253(e) by including the
periods of planned routine maintenance specified by date and
[[Page 178]]
time in each Periodic Report required by Sec. 63.1260.
(d) Initial compliance with process vent provisions. An owner or
operator of an affected source complying with the process vent standards
in Sec. 63.1254 shall demonstrate compliance using the procedures
described in paragraphs (d)(1) through (4) of this section.
(1) Except as provided in paragraph (a)(4) of this section, initial
compliance with the process vent standards in Sec. 63.1254 shall be
demonstrated using the procedures specified in paragraphs (d)(1)(i)
through (iv), as applicable.
(i) Initial compliance with Sec. 63.1254(a)(2)(i) is demonstrated
when the actual emissions of HAP from the sum of all process vents
within a process is less than or equal to 900 kg/yr. Initial compliance
with Sec. 63.1254(a)(2)(ii) is demonstrated when the actual emissions
of HAP from the sum of all process vents in compliance with Sec.
63.1254(a)(2)(i) is less than or equal to 1,800 kg/yr. Uncontrolled HAP
emissions and controlled HAP emissions shall be determined using the
procedures described in paragraphs (d)(2) and (3) of this section.
Controlled emissions during periods of planned routine maintenance of a
CCCD as specified in Sec. 63.1252(h), must be calculated assuming the
HAP emissions are reduced by 93 percent.
(ii) Initial compliance with the percent reduction requirements in
Sec. 63.1254(a)(1)(i), (a)(3), and (b) is demonstrated by:
(A) Determining controlled HAP emissions using the procedures
described in paragraph (d)(3) of this section, and uncontrolled HAP
emissions determined using the procedures described in paragraph (d)(2)
of this section, and demonstrating that the reductions required by Sec.
63.1254(a)(1)(i), (a)(3), and (b) are met; or
(B) Controlling the process vents using a device meeting the
criteria specified in paragraph (a)(4) of this section.
(iii) Initial compliance with the outlet concentration requirements
in Sec. 63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is demonstrated when
the outlet TOC concentration is 20 ppmv or less and the outlet hydrogen
halide and halogen concentration is 20 ppmv or less. The owner or
operator shall demonstrate compliance by fulfilling the requirements in
paragraph (a)(6) of this section.
(iv) Initial compliance with Sec. 63.1254(c) is demonstrated by
fulfilling the requirements of paragraph (a)(5) of this section.
(2) Uncontrolled emissions. An owner or operator of an affected
source complying with the emission limitation required by Sec.
63.1254(a)(1), or emissions reductions specified in Sec. 63.1254(a)(2),
(a)(3), or (b), for each process vent within a process, shall calculate
uncontrolled emissions from all equipment in the process according to
the procedures described in paragraph (d)(2)(i) or (ii) of this section,
as appropriate.
(i) Emission estimation procedures. Owners or operators shall
determine uncontrolled emissions of HAP using measurements and/or
calculations for each batch emission episode within each unit operation
according to the engineering evaluation methodology in paragraphs
(d)(2)(i)(A) through (H) of this section. Except where variations are
noted, individual HAP partial pressures in multicomponent systems shall
be determined by the following methods: If the components are miscible
in one another, use Raoult's law to calculate the partial pressures; if
the solution is a dilute aqueous mixture, use Henry's law to calculate
partial pressures; if Raoult's law or Henry's law are not appropriate or
available, use experimentally obtained activity coefficients or models
such as the group-contribution models, to predict activity coefficients,
or assume the components of the system behave independently and use the
summation of all vapor pressures from the HAP as the total HAP partial
pressure. Chemical property data can be obtained from standard reference
texts.
(A) Vapor displacement. Emissions from vapor displacement due to
transfer of material shall be calculated using Equation 11 of this
subpart. The individual HAP partial pressures may be calculated using
Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.008
where:
[[Page 179]]
E = mass of HAP emitted
V = volume of gas displaced from the vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream i = identifier for a
HAP compound
(B) Purging. Emissions from purging shall be calculated using
Equation 12 of this subpart. The partial pressures of individual
condensable compounds may be calculated using Raoult's law, the pressure
of the vessel vapor space may be set equal to 760 mmHg, and the partial
pressure of HAP shall be assumed to be 25 percent of the saturated value
if the purge flow rate is greater than 100 standard cubic feet per
minute (scfm).
[GRAPHIC] [TIFF OMITTED] TR21SE98.009
Where:
E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor
space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable VOC compounds
(including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
j = identifier for a condensable compound
m = number of condensable compounds (including HAP) in the emission
stream
(C) Heating. Emissions caused by the heating of a vessel to a
temperature equal to or lower than 10 K below the boiling point shall be
calculated using the procedures in either paragraph (d)(2)(i)(C)(1) or
(3) of this section. Emissions caused by heating a vessel to a
temperature that is higher than 10 K below the boiling point and less
than the boiling point, must be calculated using the procedures in
either paragraph (d)(2)(i)(C) (2) or (3) of this section. If the
contents of a vessel are heated to the boiling point, emissions must be
calculated using the procedures in paragraph (d)(2)(i)(C)(4) of this
section.
(1) This paragraph describes procedures to calculate emissions if
the final temperature to which the vessel contents are heated is 10 K
below the boiling point of the HAP in the vessel, or lower. The owner or
operator shall calculate the mass of HAP emitted per episode using
either Equation 13 or 14 of this subpart. The moles of noncondensable
gas displaced are calculated using Equation 15 of this subpart. The
initial and final pressure of the noncondensable gas in the vessel shall
be calculated using Equation 16 of this subpart. The average molecular
weight of HAP in the displaced gas shall be calculated using Equation 17
of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.004
[[Page 180]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.011
[GRAPHIC] [TIFF OMITTED] TR21SE98.012
[GRAPHIC] [TIFF OMITTED] TR21SE98.013
[GRAPHIC] [TIFF OMITTED] TR21SE98.014
Where:
E = mass of HAP vapor displaced from the vessel being heated
xi = mole fraction of each HAP in the liquid phase
xj = mole fraction of each condensable VOC (including HAP) in
the liquid phase
Pi* = vapor pressure of each HAP in the vessel headspace at
any temperature between the initial and final heatup
temperatures, mmHg.
Pj* = vapor pressure of each condensable VOC (including HAP)
in the vessel headspace at any temperature between the initial
and final heatup temperatures, mmHg.
760 = atmospheric pressure, mmHg
MWHAP = the average molecular weight of HAP present in the
displaced gas
[Delta][eta] = number of moles of noncondensable gas displaced
V = volume of free space in the vessel
R = ideal gas law constant
T1 = initial temperature of vessel contents, absolute
T2 = final temperature of vessel contents, absolute
Pan = partial pressure of noncondensable gas in the vessel
headspace at initial (n = 1) and final (n = 2) temperature
Patm = atmospheric pressure (when [Delta][eta] is used in
Equation 13 of this subpart, Patm may be set equal
to 760 mmHg for any vessel)
(Pj)Tn = partial pressure of each condensable
compound (including HAP) in the vessel headspace at the
initial temperature (n = 1) and final (n = 2) temperature
m = number of condensable compounds (including HAP) in the displaced
vapor
j = identifier for a condensable compound
(Pi)Tn = partial pressure of each HAP in the
vessel headspace at initial (T1) and final
(T2) temperature
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(2) If the vessel contents are heated to a temperature that is
higher than 10 K below the boiling point and less than the boiling
point, emissions must be calculated using the procedures in paragraph
(d)(2)(i)(C)(2)(i), or (ii), or (iii) of this section.
(i) Use Equation 13 of this subpart. In Equation 13 of this subpart,
the HAP vapor pressures must be determined at the temperature 10 K below
the boiling point. In the calculation of [Delta][eta] for Equation 13 of
this subpart, T2 must be the temperature 10 K below the
boiling point, and Pa2 must be determined at the temperature
10 K below the boiling point.
(ii) Use Equation 14 of this subpart. In Equation 14 of this
subpart, the HAP partial pressures must be deter mined at the
temperature 10 K below the boiling point. In the calculation of
[Delta][eta] for Equation 14 of this subpart, T2 must be the
temperature 10 K below the boiling point, and Pa2 must be
determined at the temperature 10 K below the boiling point. In the
calculation of MWHAP, the
[[Page 181]]
HAP partial pressures must be determined at the temperature 10 K below
the boiling point.
(iii) Use Equation 14 of this subpart over specific temperature
increments. If the initial temperature is lower than 10 K below the
boiling point, emissions must be calculated as the sum over two
increments; one increment is from the initial temperature to 10 K below
the boiling point, and the second is from 10 K below the boiling point
to the lower of either the final temperature or the temperature 5 K
below the boiling point. If the initial temperature is higher than 10 K
below the boiling point, emissions are calculated over one increment
from the initial temperature to the lower of either the final
temperature or the temperature 5 K below the boiling point.
(3)(i) Emissions caused by heating a vessel are calculated using
Equation 18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.015
Where:
E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating
process
PT= total pressure in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
MWHAP = average molecular weight of the HAP compounds
ni, 1 = number of moles of condensable in the vessel
headspace at T1
ni, 2 = number of moles of condensable in the vessel
headspace at T2
n = number of HAP compounds in the emission stream
(ii) The average gas space molar volume during the heating process
is calculated using Equation 19 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.016
Where:
Navg = average gas space molar volume during the heating
process
V = volume of free space in vessel
PT = total pressure in the vessel
R = ideal gas law constant
T1 = initial temperature of the vessel
T2 = final temperature of the vessel
(iii) The difference in the number of moles of condensable in the
vessel headspace between the initial and final temperatures is
calculated using Equation 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.017
Where:
V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature in the vessel
[[Page 182]]
T2 = final temperature in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
n = number of HAP compounds in the emission stream
(4) If the vessel contents are heated to the boiling point,
emissions must be calculated using the procedure in paragraphs
(d)(2)(i)(C)(4)(i) and (ii) of this section.
(i) Use either of the procedures in paragraph (d)(3)(i)(B)(3) of
this section to calculate the emissions from heating to the boiling
point (note that Pa2 = 0 in the calculation of [Delta][eta]);
and
(ii) While boiling, the vessel must be operated with a properly
operated process condenser. An initial demonstration that a process
condenser is properly operated is required for some process condensers,
as described in paragraph (d)(3)(iii) of this section.
(D) Depressurization. Emissions from depressurization shall be
calculated using the procedures in either paragraphs (d)(2)(i)(D)(1)
through (4), paragraphs (d)(2)(i)(D)(5) through (9), or paragraph
(d)(2)(i)(D)(10) of this section.
(1) Equations 21 and 22 of this subpart are used to calculate the
initial and final volumes of noncondensable gas present in the vessel,
adjusted to atmospheric pressure. The HAP partial pressures may be
calculated using Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.018
[GRAPHIC] [TIFF OMITTED] TR21SE98.019
Where:
Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart, mmHg
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart, mmHg
760 = atmospheric pressure, mmHg
(2) The initial and final partial pressures of the noncondensable
gas in the vessel are determined using Equations 23 and 24 of this
subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.020
[GRAPHIC] [TIFF OMITTED] TR21SE98.021
Where:
Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable (including HAP) in
the emission stream
xj = mole fraction of each condensable (including HAP) in the
liquid phase
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(3) The average ratio of moles of noncondensable to moles of an
individual HAP in the emission stream is calculated using Equation 25 of
this subpart; this calculation must be repeated for each HAP in the
emission stream:
[GRAPHIC] [TIFF OMITTED] TR29AU00.005
Where:
nRi = average ratio of moles of noncondensable to moles of
individual HAP
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart
[[Page 183]]
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart
Pi* = vapor pressure of each individual HAP
xi = mole fraction of each individual HAP in the liquid
phase.
n = number of HAP compounds
i = identifier for a HAP compound
(4) The mass of HAP emitted shall be calculated using Equation 26 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.006
Where:
E = mass of HAP emitted
Vnc1 = initial volume of noncondensable gas in the vessel, as
calculated using Equation 21 of this subpart
Vnc2 = final volume of noncondensable gas in the vessel, as
calculated using Equation 22 of this subpart
nRi = average ratio of moles of noncondensable to moles of
individual HAP, as calculated using Equation 25 of this
subpart
Patm = atmospheric pressure, standard
R = ideal gas law constant
T = temperature of the vessel, absolute
MWi = molecular weight of each HAP
(5) The moles of HAP vapor initially in the vessel are calculated
using the ideal gas law using Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.024
Where:
YHAP = mole fraction of HAP (the sum of the individual HAP
fractions, [Sigma]Yi)
V = free volume in the vessel being depressurized
P1 = initial vessel pressure
R = ideal gas law constant
T = vessel temperature, absolute
(6) The initial and final moles of noncondensable gas present in the
vessel are calculated using Equations 28 and 29 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.025
[GRAPHIC] [TIFF OMITTED] TR21SE98.026
Where:
n1 = initial number of moles of noncondensable gas in the
vessel
n2 = final number of moles of noncondensable gas in the
vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart
R = ideal gas law constant
T = temperature, absolute
(7) The initial and final partial pressures of the noncondensable
gas in the vessel are determined using Equations 23 and 24 of this
subpart.
(8) The moles of HAP emitted during the depressurization are
calculated by taking an approximation of the average ratio of moles of
HAP to moles of noncondensable and multiplying by the total moles of
noncondensables released during the depressurization, using Equation 30
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.027
where:
nHAP = moles of HAP emitted
n1 = initial number of moles of noncondensable gas in the
vessel, as calculated using Equation 28 of this subpart
[[Page 184]]
n2 = final number of moles of noncondensable gas in the
vessel, as calculated using Equation 29 of this subpart
(9) The mass of HAP emitted can be calculated using Equation 31 of
this subpart:
E=[eta]HAP * MWHAP (Eq. 31)
where:
E = mass of HAP emitted
[eta]HAP = moles of HAP emitted, as calculated using Equation
30 of this subpart
MWHAP = average molecular weight of the HAP as calculated
using Equation 17 of this subpart
(10) Emissions from depressurization may be calculated using
equation 32 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR02AU01.034
Where:
V = free volume in vessel being depressurized
R = ideal gas law constant
T = temperature of the vessel, absolute
P1 = initial pressure in the vessel
P2 = final pressure in the vessel
Pj = partial pressure of the individual condensable compounds
(including HAP)
MWi = molecular weight of the individual HAP compounds
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission
stream
i = identifier for a HAP compound
j = identifier for a condensable compound.
(E) Vacuum systems. Emissions from vacuum systems may be calculated
using Equation 33 of this subpart if the air leakage rate is known or
can be approximated. The individual HAP partial pressures may be
calculated using Raoult's Law.
[GRAPHIC] [TIFF OMITTED] TR29AU00.007
Where:
E = mass of HAP emitted
Psystem = absolute pressure of receiving vessel or ejector
outlet conditions, if there is no receiver
Pi = partial pressure of the HAP at the receiver temperature
or the ejector outlet conditions
Pj = partial pressure of condensable (including HAP) at the
receiver temperature or the ejector outlet conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWi = molecular weight of the individual HAP in the emission
stream, with HAP partial pressures calculated at the
temperature of the receiver or ejector outlet, as appropriate
(F) Gas evolution. Emissions from gas evolution shall be calculated
using Equation 12 of this subpart with V calculated using Equation 34 of
this subpart:
[[Page 185]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.030
Where:
V = volumetric flow rate of gas evolution
Wg = mass flow rate of gas evolution
R = ideal gas law constant
T = temperature at the exit, absolute
PT = vessel pressure
MWg = molecular weight of the evolved gas
(G) Air drying. Emissions from air drying shall be calculated using
Equation 35 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.031
Where:
E = mass of HAP emitted
B = mass of dry solids
PS1 = HAP in material entering dryer, weight percent
PS2 = HAP in material exiting dryer, weight percent
(H) Empty vessel purging. Emissions from empty vessel purging shall
be calculated using Equation 36 of this subpart (Note: The term
e-Ft/v can be assumed to be 0):
[GRAPHIC] [TIFF OMITTED] TR21SE98.032
Where:
V = volume of empty vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP at the beginning
of the purge
(MWi) = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(ii) Engineering assessments. The owner or operator shall conduct an
engineering assessment to calculate uncontrolled HAP emissions for each
emission episode that is not due to vapor displacement, purging,
heating, depressurization, vacuum operations, gas evolution, or air
drying. For emission episodes caused by any of these types of
activities, the owner or operator also may calculate uncontrolled HAP
emissions based on an engineering assessment if the owner or operator
can demonstrate to the Administrator that the methods in paragraph
(d)(2)(i) of this section are not appropriate. Modified versions of the
engineering evaluation methods in paragraphs (d)(2)(i)(A) through (H)
may be used if the owner or operator demonstrates that they have been
used to meet other regulatory obligations, and they do not affect
applicability assessments or compliance determinations under this
subpart GGG. One criterion the owner or operator could use to
demonstrate that the methods in paragraph (d)(2)(i) of this section are
not appropriate is if previous test data are available that show a
greater than 20 percent discrepancy between the test value and the
estimated value. An engineering assessment includes, but is not limited
to, the following:
[[Page 186]]
(A) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(C) Maximum flow rate, HAP emission rate, concentration, or other
relevant parameter specified or implied within a permit limit applicable
to the process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations.
(2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities.
(3) Estimation of HAP concentrations based on saturation conditions.
(E) All data, assumptions, and procedures used in the engineering
assessment shall be documented in accordance with Sec. 63.1260(e). Data
or other information supporting a finding that the emissions estimation
equations are inappropriate shall be reported in the Precompliance
report.
(3) Controlled emissions. An owner or operator shall determine
controlled emissions using the procedures in either paragraph (d)(3)(i)
or (ii) of this section.
(i) Small control devices. Except for condensers, controlled
emissions for each process vent that is controlled using a small control
device shall be determined by using the design evaluation described in
paragraph (d)(3)(i)(A) of this section, or conducting a performance test
in accordance with paragraph (d)(3)(ii) of this section. Whenever a
small control device becomes a large control device, the owner or
operator must comply with the provisions in paragraph (d)(3)(ii) of this
section and submit the test report in the next Periodic report.
(A) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency under worst-case conditions, as
determined from the emission profile described in Sec.
63.1257(b)(8)(ii). The control efficiency determined from this design
evaluation shall be applied to uncontrolled emissions to estimate
controlled emissions. The documentation must be conducted in accordance
with the provisions in paragraph (a)(1) of this section. The design
evaluation shall also include the value(s) and basis for the
parameter(s) monitored under Sec. 63.1258.
(B) Emission estimation equations. An owner or operator using a
condenser as a control device shall determine controlled emissions using
exhaust gas temperature measurements and calculations for each batch
emission episode within each unit operation according to the engineering
methodology in paragraphs (d)(3)(i)(B)(1) through (8) of this section.
Individual HAP partial pressures shall be calculated as specified in
paragraph (d)(2)(i) of this section.
(1) Emissions from vapor displacement shall be calculated using
Equation 11 of this subpart with T set equal to the temperature of the
receiver and the HAP partial pressures determined at the temperature of
the receiver.
(2) Emissions from purging shall be calculated using Equation 12 of
this subpart with T set equal to the temperature of the receiver and the
HAP partial pressures determined at the temperature of the receiver.
(3) Emissions from heating shall be calculated using either Equation
13 of this subpart or Equation 37 of this subpart. In Equation 13, the
HAP vapor pressures shall be determined at the temperature of the
receiver. In Equations 13 and 37 of this subpart, [Delta][eta] is equal
to the number of moles of noncondensable displaced from the vessel, as
calculated using Equation 15 of this subpart. In Equations 13 and 37 of
this subpart, the HAP average molecular weight shall be calculated using
Equation 17 with the HAP partial pressures determined at the temperature
of the receiver.
[[Page 187]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.033
Where:
E = mass of HAP emitted
[Delta][eta] = moles of noncondensable gas displaced
PT = pressure in the receiver
Pi = partial pressure of the individual HAP at the receiver
temperature
Pj = partial pressure of the individual condensable
(including HAP) at the receiver temperature
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
MWHAP = the average molecular weight of HAP in vapor exiting
the receiver, as calculated using Equation 17 of this subpart
m = number of condensable compounds (including HAP) in the emission
stream
(4)(i) Emissions from depressurization shall be calculated using
Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.034
Where:
E = mass of HAP vapor emitted
Vnc1 = initial volume of noncondensable in the vessel,
corrected to the final pressure, as calculated using Equation
39 of this subpart
Vnc2 = final volume of noncondensable in the vessel, as
calculated using Equation 40 of this subpart
Pi = partial pressure of each individual HAP at the receiver
temperature
Pj = partial pressure of each condensable (including HAP) at
the receiver temperature
PT = receiver pressure
T = temperature of the receiver
R = ideal gas law constant
MWHAP = the average molecular weight of HAP calculated using
Equation 17 of this subpart with partial pressures determined
at the receiver temperature
i = identifier for a HAP compound
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(ii) The initial and final volumes of noncondensable gas present in
the vessel, adjusted to the pressure of the receiver, are calculated
using Equations 39 and 40 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.035
[GRAPHIC] [TIFF OMITTED] TR21SE98.036
Where:
Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 41 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 42 of this subpart
PT = pressure of the receiver
(iii) Initial and final partial pressures of the noncondensable gas
in the vessel are determined using Equations 41 and 42 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.037
[GRAPHIC] [TIFF OMITTED] TR21SE98.038
Where:
Pnc1 = initial partial pressure of the noncondensable gas in
the vessel
Pnc2 = final partial pressure of the noncondensable gas in
the vessel
[[Page 188]]
P1 = initial vessel pressure
P2 = final vessel pressure
Pj = partial pressure of each condensable compound (including
HAP) in the vessel
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(5) Emissions from vacuum systems shall be calculated using Equation
33 of this subpart.
(6) Emissions from gas evolution shall be calculated using Equation
12 with V calculated using Equation 34 of this subpart, T set equal to
the receiver temperature, and the HAP partial pressures determined at
the receiver temperature. The term for time, t, in Equation 12 of this
subpart is not needed for the purposes of this calculation.
(7) Emissions from air drying shall be calculated using Equation 11
of this subpart with V equal to the air flow rate and Pi
determined at the receiver temperature.
(8) Emissions from empty vessel purging shall be calculated using
equation 43 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.039
Where:
V = volume of empty vessel
R = ideal gas law constant
T1 = temperature of the vessel vapor space at beginning of
purge
T2 = temperature of the receiver, absolute
(Pi)T1 = partial pressure of the individual HAP at
the beginning of the purge
(Pi)T2 = partial pressure of the individual HAP at
the receiver temperature
MWi = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(ii) Large control devices. Except for condensers, controlled
emissions for each process vent that is controlled using a large control
device shall be determined by applying the control efficiency of the
large control device to the estimated uncontrolled emissions. The
control efficiency shall be determined by conducting a performance test
on the control device as described in paragraphs (d)(3)(ii)(A) through
(C) of this section, or by using the results of a previous performance
test as described in paragraph (d)(4) of this section. If the control
device is intended to control only hydrogen halides and halogens, the
owner or operator may assume the control efficiency of organic HAP is
zero percent. If the control device is intended to control only organic
HAP, the owner or operator may assume the control efficiency for
hydrogen halides and halogen is zero percent. Owners and operators are
not required to conduct performance tests for devices described in
paragraphs (a)(4) and (d)(4) of this section that are large control
devices, as defined in Sec. 63.1251.
(A) The performance test shall be conducted by performing emission
testing on the inlet and outlet of the control device following the test
methods and procedures of Sec. 63.1257(b). Concentrations shall be
calculated from the data obtained through emission testing according to
the procedures in paragraph (a)(2) of this section.
(B) Performance testing shall be conducted under absolute, or
hypothetical worst-case conditions, as defined in paragraphs
(b)(8)(i)(A) through (B) of this section.
(C) The owner or operator may elect to conduct more than one
performance test on the control device for the purpose of establishing
more than one operating condition at which the control device achieves
the required control efficiency.
(iii) Initial compliance demonstration for condensers--(A) Air
pollution control
[[Page 189]]
devices. During periods in which a condenser functions as an air
pollution control device, controlled emissions shall be calculated using
the emission estimation equations described in paragraph (d)(3)(i)(B) of
this section.
(B) Process condensers. During periods when the condenser is
operating as a process condenser, the owner or operator is required to
demonstrate that the process condenser is properly operated if the
process condenser meets either of the criteria described in paragraphs
(d)(3)(iii)(B)(1) and (2) of this section. The owner or operator must
either measure the condenser exhaust gas temperature and show it is less
than the boiling or bubble point of the substance(s) in the vessel, or
perform a material balance around the vessel and condenser to show that
at least 99 percent of the material vaporized while boiling is
condensed. The initial demonstration shall be conducted for all
appropriate operating scenarios and documented in the Notification of
Compliance Status report described in Sec. 63.1260(f).
(1) The process condenser is not followed by an air pollution
control device; or
(2) The air pollution control device following the process condenser
is not a condenser or is not meeting the alternative standard of Sec.
63.1254(c).
(4) An owner or operator is not required to conduct a performance
test for the following:
(i) Any control device for which a previous performance test was
conducted, provided the test was conducted using the same procedures
specified in Sec. 63.1257(b) over conditions typical of the appropriate
worst-case, as defined in Sec. 63.1257(b)(8)(i). The results of the
previous performance test shall be used to demonstrate compliance.
(e) Compliance with wastewater provisions--(1) Determining annual
average concentration and annual load. To determine the annual average
concentration and annual load of partially soluble and/or soluble HAP
compounds in a wastewater stream, as required by Sec. 63.1256(a)(1), an
owner or operator shall comply with the provisions in paragraphs
(e)(1)(i) through (iii) of this section. A wastewater stream is exempt
from the requirements of Sec. 63.1256(a)(2) if the owner or operator
determines the annual average concentration and annual load are below
all of the applicability cutoffs specified in Sec. 63.1256(a)(1)(i)(A)
through (D). For annual average concentration, only initial rinses are
included. Concentration measurements based on Method 305 shall be
adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 8 of this subpart. Concentration measurements
based on methods other than Method 305 may not be adjusted by the
compound-specific Fm factor listed in Table 8 of this subpart.
(i) Annual average concentration definition. (A) When complying with
Sec. 63.1256(a)(1)(i)(A), the annual average concentration means the
total mass of partially soluble HAP compounds occurring in the
wastewater stream during the calendar year divided by the total mass of
the wastewater stream discharged during the same calendar year.
(B) When complying with Sec. 63.1256(a)(1)(i) (B) or (C), the
annual average concentration means the total mass of partially soluble
and/or soluble HAP compounds occurring in the wastewater stream during
the calendar year divided by the total mass of the wastewater stream
discharged during the same calendar year.
(C) When complying with Sec. 63.1256(a)(1)(i)(D), the annual
average concentration means the total mass of soluble HAP compounds
occurring in the wastewater stream during the calendar year divided by
the total mass of the wastewater stream discharged during the same
calendar year.
(ii) Determination of annual average concentration. An owner or
operator shall determine annual average concentrations of partially
soluble and/or soluble HAP compounds in accordance with the provisions
specified in paragraph (e)(1)(ii)(A), (B), or (C) of this section. The
owner or operator may determine annual average concentrations by process
simulation. Data and other information supporting the simulation shall
be reported in the Precompliance Report for approval by the
Administrator. The annual average concentration shall be determined
either at the POD or downstream of the POD with
[[Page 190]]
adjustment for concentration changes made according to paragraph
(e)(1)(ii)(D) of this section.
(A) Test methods. The concentration of partially soluble HAP,
soluble HAP, or total HAP shall be measured using any of the methods
described in paragraphs (b)(10)(i) through (iv) of this section.
(B) Knowledge of the wastewater stream. The concentration of
partially soluble HAP, soluble HAP, or total HAP shall be calculated
based on knowledge of the wastewater stream according to the procedures
in paragraphs (e)(1)(ii)(B)(1) and (2) of this section. The owner or
operator shall document concentrations in the Notification of Compliance
Status report described in Sec. 63.1260(f).
(1) Mass balance. The owner or operator shall calculate the
concentrations of HAP compounds in wastewater considering the total
quantity of HAP discharged to the water, the amount of water at the POD,
and the amounts of water and solvent lost to other mechanisms such as
reactions, air emissions, or uptake in product or other processing
materials. The quantities of HAP and water shall be based on batch
sheets, manufacturing tickets, or FDA bills of materials. In cases where
a chemical reaction occurs that generates or consumes HAP, the amount of
HAP remaining after a reaction shall be based on stoichometry assuming
100 percent theoretical consumption or yield, as applicable.
(2) Published water solubility data. For single components in water,
owners and operators may use the water solubilities published in
standard reference texts at the POD temperature to determine maximum HAP
concentration.
(C) Bench scale or pilot-scale test data. The concentration of
partially soluble HAP, soluble HAP, or total HAP shall be calculated
based on bench scale or pilot-scale test data. The owner or operator
shall provide sufficient information to demonstrate that the bench-scale
or pilot-scale test concentration data are representative of actual HAP
concentrations. The owner or operator shall also provide documentation
describing the testing protocol, and the means by which sample
variability and analytical variability were accounted for in the
determination of HAP concentrations. Documentation of the pilot-scale or
bench scale analysis shall be provided in the precompliance report.
(D) Adjustment for concentrations determined downstream of the POD.
The owner or operator shall make corrections to the annual average
concentration when the concentration is determined downstream of the POD
at a location where: two or more wastewater streams have been mixed; one
or more wastewater streams have been treated; or, losses to the
atmosphere have occurred. The owner or operator shall make the
adjustments either to the individual data points or to the final annual
average concentration.
(iii) Determination of annual load. An owner or operator shall
calculate the partially soluble and/or soluble HAP load in a wastewater
stream based on the annual average concentration determined in paragraph
(e)(1)(ii) (A), (B), or (C) of this section and the total volume of the
wastewater stream, based on knowledge of the wastewater stream in
accordance with paragraphs (e)(1)(ii)(B) of this section. The owner or
operator shall maintain records of the total liters of wastewater
discharged per year as specified in Sec. 63.1259(b).
(2) Compliance with treatment unit control provisions--(i)
Performance tests and design evaluations-general. To comply with the
control options in Sec. 63.1256(g) (10) or (13), neither a design
evaluation nor a performance test is required. For any other
nonbiological treatment process, the owner or operator shall conduct
either a design evaluation as specified in paragraph (e)(2)(ii) of this
section, or a performance test as specified in paragraph (e)(2)(iii) of
this section to demonstrate that each nonbiological treatment process
used to comply with Sec. 63.1256(g) (8), (9), and/or (12) achieves the
conditions specified for compliance. The owner or operator shall
demonstrate by the procedures in either paragraph (e)(2) (ii) or (iii)
of this section that each closed biological treatment process used to
comply with Sec. 63.1256 (g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12)
achieves the conditions specified for compliance. If an open biological
[[Page 191]]
treatment unit is used to comply with Sec. 63.1256 (g)(8)(ii),
(g)(9)(ii), (g)(11), or (g)(12), the owner or operator shall comply with
the performance test requirements in paragraph (e)(2)(iii) of this
section.
(ii) Design evaluation. A design evaluation and supporting
documentation that addresses the operating characteristics of the
treatment process and that is based on operation at a wastewater stream
flow rate and a concentration under which it would be most difficult to
demonstrate compliance. For closed biological treatment processes, the
percent reduction from removal/destruction in the treatment unit and
control device shall be determined by a mass balance over the unit. The
mass flow rate of soluble and/or partially soluble HAP compounds exiting
the treatment process shall be the sum of the mass flow rate of soluble
and/or partially soluble HAP compounds in the wastewater stream exiting
the biological treatment process and the mass flow rate of the vented
gas stream exiting the control device. The mass flow rate entering the
treatment process minus the mass flow rate exiting the process
determines the actual mass removal. Compounds that meet the requirements
specified in paragraph (e)(2)(iii)(A)(4) of this section are not
required to be included in the design evaluation; the term ``performance
test'' in paragraph (e)(2)(iii)(A)(4) of this section shall mean
``design evaluation'' for the purposes of this paragraph.
(iii) Performance tests. Performance tests shall be conducted using
test methods and procedures that meet the applicable requirements
specified in paragraphs (e)(2)(iii)(A) through (G) of this section.
(A) General. This paragraph specifies the general procedures for
performance tests that are conducted to demonstrate compliance of a
treatment process with the control requirements specified in Sec.
63.1256(g).
(1) Representative process unit operating conditions. Compliance
shall be demonstrated for representative operating conditions.
Operations during periods of malfunction and periods of nonoperation
shall not constitute representative conditions. The owner or operator
shall record the process information that is necessary to document
operating conditions during the test.
(2) Representative treatment process operating conditions.
Performance tests shall be conducted when the treatment process is
operating at a representative inlet flow rate and concentration. If the
treatment process will be operating at several different sets of
representative operating conditions, the owner or operator shall comply
with paragraphs (e)(2)(iii)(A)(2)(i) and (ii) of this section. The owner
or operator shall record information that is necessary to document
treatment process or control device operating conditions during the
test.
(i) Range of operating conditions. If the treatment process will be
operated at several different sets of representative operating
conditions, performance testing over the entire range is not required.
In such cases, the performance test results shall be supplemented with
modeling and/or engineering assessments to demonstrate performance over
the operating range.
(ii) Consideration of residence time. If concentration and/or flow
rate to the treatment process are not relatively constant (i.e.,
comparison of inlet and outlet data will not be representative of
performance), the owner or operator shall consider residence time, when
determining concentration and flow rate.
(3) Testing equipment. All testing equipment shall be prepared and
installed as specified in the applicable test methods, or as approved by
the Administrator.
(4) Compounds not required to be considered in performance tests.
Compounds that meet the requirements specified in (e)(2)(iii)(A)(4)(i),
(ii), or (iii) of this section are not required to be included in the
performance test. Concentration measurements based on Method 305 shall
be adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 8 of this subpart. Concentration measurements
based on methods other than Method 305 shall not be adjusted by the
compound-specific Fm factor listed in Table 8 of this subpart.
(i) Compounds not used or produced by the PMPU; or
[[Page 192]]
(ii) Compounds with concentrations at the POD that are below 1 ppmw;
or
(iii) Compounds with concentrations at the POD that are below the
lower detection limit where the lower detection limit is greater than 1
ppmw. The method shall be an analytical method for wastewater which has
the compound of interest as a target analyte.
(5) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment process to comply with emissions limitations, the owner
or operator may use multiple treatment processes. The owner or operator
complying with the requirements of Sec. 63.1256(g)(7)(i), when
wastewater is conveyed by hard-piping, shall comply with either
paragraph (e)(2)(iii)(A)(5)(i) or (ii) of this section. The owner or
operator complying with the requirements of Sec. 63.1256(g)(7)(ii)
shall comply with the requirements of paragraph (e)(2)(iii)(A)(5)(ii) of
this section.
(i) The owner or operator shall conduct the performance test across
each series of treatment processes. For each series of treatment
processes, inlet concentration and flow rate shall be measured either
where the wastewater enters the first treatment process in a series of
treatment processes, or prior to the first treatment process as
specified in paragraph (e)(2)(iii)(A)(6) of this section. For each
series of treatment processes, outlet concentration and flow rate shall
be measured where the wastewater exits the last treatment process in the
series of treatment processes, except when the last treatment process is
an open or a closed aerobic biological treatment process demonstrating
compliance by using the procedures in paragraphs (e)(2)(iii)(E) or (F)
of this section. When the last treatment process is either an open or a
closed aerobic biological treatment process demonstrating compliance by
using the procedures in paragraphs (e)(2)(iii)(E) or (F) of this
section, inlet and outlet concentrations and flow rates shall be
measured at the inlet and outlet to the series of treatment processes
prior to the biological treatment process and at the inlet to the
biological treatment process, except as provided in paragraph
(e)(2)(iii)(A)(6)(ii) of this section. The mass flow rate destroyed in
the biological treatment process for which compliance is demonstrated
using paragraph (e)(2)(iii)(E) or (F) of this section shall be added to
the mass flow rate removed or destroyed in the series of treatment units
before the biological treatment unit. This sum shall be used to
calculate the overall control efficiency.
(ii) The owner or operator shall conduct the performance test across
each treatment process in the series of treatment processes. The mass
flow rate removed or destroyed by each treatment process shall be added
together and the overall control efficiency calculated to determine
whether compliance has been demonstrated using paragraphs
(e)(2)(iii)(C), (D), (E), (F), or (G) of this section, as applicable. If
a biological treatment process is one of the treatment processes in the
series of treatment processes, the inlet to the biological treatment
process shall be the point at which the wastewater enters the biological
treatment process, or the inlet to the equalization tank if all the
criteria of paragraph (e)(2)(iii)(A)(6)(ii) of this section are met.
(6) The owner or operator determining the inlet for purposes of
demonstrating compliance with paragraph (e)(2)(iii)(E), or (F)of this
section may elect to comply with paragraph (e)(2)(iii)(A)(6)(i) or (ii)
of this section.
(i) When wastewater is conveyed exclusively by hard-piping from the
point of determination to a treatment process that is either the only
treatment process or the first in a series of treatment processes (i.e.,
no treatment processes or other waste management units are used upstream
of this treatment process to store, handle, or convey the wastewater),
the inlet to the treatment process shall be at any location from the
point of determination to where the wastewater stream enters the
treatment process. When samples are taken upstream of the treatment
process and before wastewater streams have converged, the owner or
operator shall ensure that the mass flow rate of all affected wastewater
is accounted for when using Sec. 63.1256(g)(8)(ii), (g)(9)(ii) or
(g)(12) of this subpart to
[[Page 193]]
comply and that the mass flow rate of all wastewater, not just affected
wastewater, is accounted for when using Sec. 63.1256(g)(11) to comply,
except as provided in paragraph (e)(2)(iii)(A)(4) of this section.
(ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
the wastewater is conveyed by hard-piping from either the last previous
treatment process or the point of determination to the equalization
tank; and the wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process; and the equalization tank is equipped with
a fixed roof and a closed-vent system that routes emissions to a control
device that meets the requirements of Sec. 63.1256(b)(1)(i) through
(iv) and Sec. 63.1256(b)(2)(i). The outlet from the series of treatment
processes prior to the biological treatment process is the point at
which the wastewater exits the last treatment process in the series
prior to the equalization tank, if the equalization tank and biological
treatment process are part of a series of treatment processes. The owner
or operator shall ensure that the mass flow rate of all affected
wastewater is accounted for when using Sec. 63.1256(g)(9)(ii) or (12)
to comply and that the mass flow rate of all wastewater, not just
affected wastewater is accounted for when using Sec. 63.1256(g)(11) to
comply, except as provided in paragraph (e)(2)(iii)(A)(4) of this
section.
(B) Noncombustion treatment process--concentration limits. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a noncombustion treatment process with the ppmw wastewater
stream concentration limits at the outlet of the treatment process. This
compliance option is specified in Sec. 63.1256(g)(8)(i) and (9)(i).
Wastewater samples shall be collected using sampling procedures which
minimize loss of organic compounds during sample collection and analysis
and maintain sample integrity per paragraph (b)(10)(vi) of this section.
Samples shall be collected and analyzed using the procedures specified
in paragraphs (b)(10)(i) through (vi) of this section. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of three runs. Concentration measurements based on methods
other than Method 305 may be adjusted by multiplying each concentration
by the compound-specific Fm factor listed in Table 8 of this subpart.
(For affected wastewater streams that contains both partially soluble
and soluble HAP compounds, compliance is demonstrated only if the sum of
the concentrations of partially soluble HAP compounds is less than 50
ppmw, and the sum of the concentrations of soluble HAP compounds is less
than 520 ppmw.)
(C) Noncombustion, nonbiological treatment process: percent mass
removal/destruction option. This paragraph applies to performance tests
that are conducted to demonstrate compliance of a noncombustion,
nonbiological treatment process with the percent mass removal limits
specified in Sec. 63.1256(g)(8)(ii) and (9)(ii) for partially soluble
and soluble HAP compounds, respectively. The owner or operator shall
comply with the requirements specified in paragraphs (e)(2)(iii)(C)(1)
through (5) of this section.
(1) Concentration. The concentration of partially soluble and/or
soluble HAP compounds entering and exiting the treatment process shall
be determined as provided in this paragraph. Wastewater samples shall be
collected using sampling procedures which minimize loss of organic
compounds during sample collection and analysis and maintain sample
integrity per paragraph (b)(10)(vi) of this section. The method shall be
an analytical method for wastewater which has the compound of interest
as a target analyte. Samples may be grab samples or composite samples.
Samples shall be taken at approximately equally spaced time intervals
over a 1-hour period. Each 1-hour period constitutes a run, and the
performance test shall consist of a minimum of three runs. Concentration
[[Page 194]]
measurements based on Method 305 shall be adjusted by dividing each
concentration by the compound-specific Fm factor listed in Table 8 of
this subpart. Concentration measurements based on methods other than
Method 305 shall not be adjusted by the compound-specific Fm factor
listed in Table 8 of this subpart.
(2) Flow rate. The flow rate of the entering and exiting wastewater
streams shall be determined using inlet and outlet flow meters,
respectively. Where the outlet flow is not greater than the inlet flow,
a single flow meter may be used, and may be used at either the inlet or
outlet. Flow rate measurements shall be taken at the same time as the
concentration measurements.
(3) Calculation of mass flow rate--for noncombustion, nonbiological
treatment processes. The mass flow rates of partially soluble and/or
soluble HAP compounds entering and exiting the treatment process are
calculated using Equations 44 and 45 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.040
[GRAPHIC] [TIFF OMITTED] TR21SE98.041
Where:
QMWa, QMWb = mass flow rate of partially soluble
or soluble HAP compounds, average of all runs, in wastewater
entering (QMWa) or exiting (QMWb) the
treatment process, kg/hr
[rho] = density of the wastewater, kg/m\3\
Qa, k, Qbb, k = volumetric flow rate of wastewater
entering (Qa, k) or exiting (Qb, k) the
treatment process during each run k, m\3\/hr
CT, a, k, CT, b, k = total concentration of
partially soluble or soluble HAP compounds in wastewater
entering (CT, a, k) or exiting
(CT, b, k) the treatment process during each run k,
ppmw
p = number of runs
k = identifier for a run
10\6\ = conversion factor, mg/kg
(4) Percent removal calculation for mass flow rate. The percent mass
removal across the treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.042
Where:
E = removal or destruction efficiency of the treatment process, percent
QMWa, QMWb = mass flow rate of partially soluble
or soluble HAP compounds in wastewater entering
(QMWa) and exiting (QMWb) the treatment
process, kg/hr (as calculated using Equations 44 and 45 of
this subpart)
(5) Compare mass removal efficiency to required efficiency. Compare
the mass removal efficiency (calculated in Equation 46 of this subpart)
to the required efficiency as specified in Sec. 63.1256(g)(8)(ii) or
(9)(ii). If complying with Sec. 63.1256(g)(8)(ii), compliance is
demonstrated if the mass removal efficiency is 99 percent or greater. If
complying with Sec. 63.1256(g)(9)(ii), compliance is demonstrated if
the mass removal efficiency is 90 percent or greater.
(D) Combustion treatment processes: percent mass removal/destruction
option. This paragraph applies to performance tests that are conducted
to demonstrate compliance of a combustion treatment process with the
percent mass destruction limits specified in Sec. 63.1256(g)(8)(ii) for
partially soluble HAP compounds, and/or Sec. 63.1256(g)(9)(ii) for
soluble HAP compounds. The owner or operator shall comply with the
requirements specified in paragraphs (e)(2)(iii)(D)(1) through (8) of
this section.
(1) Concentration in wastewater stream entering the combustion
treatment process. The concentration of partially soluble and/or soluble
HAP compounds entering the treatment process shall be determined as
provided in this paragraph. Wastewater samples shall be
[[Page 195]]
collected using sampling procedures which minimize loss of organic
compounds during sample collection and analysis and maintain sample
integrity per paragraph (b)(10)(vi) of this section. The method shall be
an analytical method for wastewater which has the compound of interest
as a target analyte. Samples may be grab samples or composite samples.
Samples shall be taken at approximately equally spaced time intervals
over a 1-hour period. Each 1-hour period constitutes a run, and the
performance test shall consist of a minimum of three runs. Concentration
measurements based on Method 305 of appendix A of this part shall be
adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 8 of this subpart. Concentration measurements
based on methods other than Method 305 shall not be adjusted by the
compound-specific Fm factor listed in Table 8 of this subpart.
(2) Flow rate of wastewater entering the combustion treatment
process. The flow rate of the wastewater stream entering the combustion
treatment process shall be determined using an inlet flow meter. Flow
rate measurements shall be taken at the same time as the concentration
measurements.
(3) Calculation of mass flow rate in wastewater stream entering
combustion treatment processes. The mass flow rate of partially soluble
and/or soluble HAP compounds entering the treatment process is
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.043
Where:
QMWa = mass flow rate of partially soluble or soluble HAP
compounds entering the combustion unit, kg/hr
[rho] = density of the wastewater stream, kg/m\3\
Qa, k = volumetric flow rate of wastewater entering the
combustion unit during run k, m\3\/hr
CT, a, k = total concentration of partially soluble or
soluble HAP compounds in the wastewater stream entering the
combustion unit during run k, ppmw
k = identifier for a run
p = number of runs
(4) Concentration in vented gas stream exiting the combustion
treatment process. The concentration of partially soluble and/or soluble
HAP compounds (or TOC) exiting the combustion treatment process in any
vented gas stream shall be determined as provided in this paragraph.
Samples may be grab samples or composite samples. Samples shall be taken
at approximately equally spaced time intervals over a 1-hour period.
Each 1-hour period constitutes a run, and the performance test shall
consist of a minimum of three runs. Concentration measurements shall be
determined using Method 18 of 40 CFR part 60, appendix A. Alternatively,
any other test method validated according to the procedures in Method
301 of appendix A of this part may be used.
(5) Volumetric flow rate of vented gas stream exiting the combustion
treatment process. The volumetric flow rate of the vented gas stream
exiting the combustion treatment process shall be determined using
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
Volumetric flow rate measurements shall be taken at the same time as the
concentration measurements.
(6) Calculation of mass flow rate of vented gas stream exiting
combustion treatment processes. The mass flow rate of partially soluble
and/or soluble HAP compounds in a vented gas stream exiting the
combustion treatment process shall be calculated as follows:
[[Page 196]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.044
Where:
QMGb = mass rate of TOC (minus methane and ethane) or total
partially soluble and/or soluble HAP, in vented gas stream,
exiting (QMGb) the combustion device, dry basis,
kg/hr
CGb, i = concentration of TOC (minus methane and ethane) or
total partially soluble and/or soluble HAP, in vented gas
stream, exiting (CGb, i) the combustion device, dry
basis, ppmv
MWi = molecular weight of a component, kilogram/kilogram-mole
QGb = flow rate of gas stream exiting (QGb) the
combustion device, dry standard cubic meters per hour
K2 = constant, 41.57 x 10-9 (parts per
million)-1 (gram-mole per standard cubic meter)
(kilogram/gram), where standard temperature (gram-mole per
standard cubic meter) is 20 [deg]C
i = identifier for a compound
n = number of components in the sample
(7) Destruction efficiency calculation. The destruction efficiency
of the combustion unit for partially soluble and/or soluble HAP
compounds shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.045
Where:
E = destruction efficiency of partially soluble or soluble HAP compounds
for the combustion unit, percent
QMW\2a\ = mass flow rate of partially soluble or soluble HAP compounds
entering the combustion unit, kg/hr
QMGb = mass flow rate of TOC (minus methane and ethane) or
partially soluble and/or soluble HAP compounds in vented gas
stream exiting the combustion treatment process, kg/hr
(8) Compare mass destruction efficiency to required efficiency.
Compare the mass destruction efficiency (calculated in Equation 49 of
this subpart) to the required efficiency as specified in Sec.
63.1256(g)(8)(ii) or (g)(9)(ii). If complying with Sec.
63.1256(g)(8)(ii), compliance is demonstrated if the mass destruction
efficiency is 99 percent or greater. If complying with Sec.
63.1256(g)(9)(ii), compliance is demonstrated if the mass destruction
efficiency is 90 percent or greater.
(E) Open or closed aerobic biological treatment processes: 95-
percent mass destruction option. This paragraph applies to performance
tests that are conducted for open or closed aerobic biological treatment
processes to demonstrate compliance with the 95-percent mass destruction
provisions in Sec. 63.1256(g)(11) for partially soluble and/or soluble
HAP compounds.
(1) Concentration in wastewater stream. The concentration of
partially soluble and/or soluble HAP as provided in this paragraph.
Concentration measurements to determine E shall be taken as provided in
paragraph (e)(2)(iii)(A)(5) of this section for a series of treatment
processes. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per paragraph
(b)(10)(vi) of this section. The method shall be an analytical method
for wastewater which has the compound of interest as a target analyte.
Samples may be grab samples or composite samples. Samples shall be taken
at approximately equally spaced time intervals over a 1-hour period.
Each 1-hour period constitutes a run, and the performance test shall
consist of a minimum of three runs. Concentration measurements based on
Method 305 shall be adjusted by dividing each concentration by the
compound-specific Fm factor listed in Table 8 of this subpart.
Concentration measurements based on methods other than Method 305 shall
not be adjusted by the compound-specific Fm factor listed in Table 8 of
this subpart.
(2) Flow rate. Flow rate measurements to determine E shall be taken
as provided in paragraph (e)(2)(iii)(A)(5) of this section for a series
of treatment processes. Flow rate shall be determined using inlet and
outlet flow measurement devices. Where the outlet flow is not greater
than the inlet flow, a single flow measurement device may
[[Page 197]]
be used, and may be used at either the inlet or outlet. Flow rate
measurements shall be taken at the same time as the concentration
measurements.
(3) Destruction efficiency. The owner or operator shall comply with
the provisions in either paragraph (e)(2)(iii)(E)(3)(i) or (ii) of this
section. Compliance is demonstrated if the destruction efficiency, E, is
equal to or greater than 95 percent.
(i) If the performance test is performed across the open or closed
biological treatment system only, compliance is demonstrated if E is
equal to Fbio, where E is the destruction efficiency of
partially soluble and/or soluble HAP compounds and Fbio is
the site-specific fraction of partially soluble and/or soluble HAP
compounds biodegraded. Fbio shall be determined as specified
in paragraph (e)(2)(iii)(E)(4) of this section and appendix C of subpart
G of this part.
(ii) If compliance is being demonstrated in accordance with
paragraphs (e)(2)(iii)(A)(5)(i) or (ii) of this section, the removal
efficiency shall be calculated using Equation 50 of this subpart. When
complying with paragraph (e)(2)(iii)(A)(5)(i) of this section, the
series of nonbiological treatment processes comprise one treatment
process segment. When complying with paragraph (e)(2)(iii)(A)(5)(ii) of
this section, each nonbiological treatment process is a treatment
process segment.
[GRAPHIC] [TIFF OMITTED] TR21SE98.046
Where:
QMWa, i = the soluble and/or partially soluble HAP load
entering a treatment process segment
QMWb, i = the soluble and/or partially soluble HAP load
exiting a treatment process segment
n = the number of treatment process segments
i = identifier for a treatment process element
QMWbio = the inlet load of soluble and/or partially soluble
HAP to the biological treatment process. The inlet is defined
in accordance with paragraph (e)(2)(iii)(A)(6) of this
section. If complying with paragraph (e)(2)(iii)(A)(6)(ii) of
this section, QMWbio is equal to QMWb, n
Fbio = site-specific fraction of soluble and/or partially
soluble HAP compounds biodegraded. Fbio shall be
determined as specified in paragraph (e)(2)(iii)(E)(4) of this
section and Appendix C of subpart G of this part.
QMWall = the total soluble and/or partially soluble HAP load
to be treated.
(4) Site-specific fraction biodegraded (Fbio). The
procedures used to determine the compound-specific kinetic parameters
for use in calculating Fbio differ for the compounds listed
in Tables 2 and 3 of this subpart. An owner or operator shall calculate
Fbio as specified in either paragraph (e)(2)(iii)(E)(4)(i) or
(ii) of this section.
(i) For biological treatment processes that do not meet the
definition for enhanced biological treatment in Sec. 63.1251, the owner
or operator shall determine the Fbio for the compounds in
Tables 2 and 3 of this subpart using any of the procedures in appendix C
to part 63, except procedure 3 (inlet and outlet concentration
measurements). (The symbol ``Fbio'' represents the site-
specific fraction of an individual partially soluble or soluble HAP
compound that is biodegraded.)
(ii) If the biological treatment process meets the definition of
``enhanced biological treatment process'' in Sec. 63.1251, the owner or
operator shall determine Fbio for the compounds in Table 2 of
this subpart using any of the procedures specified in appendix C to part
63. The owner or operator shall calculate Fbio for the
compounds in Table 3 of this subpart using the defaults for first order
biodegradation rate constants (K1) in Table 9 of this subpart
and follow the procedure explained in Form III of appendix C, 40 CFR
part 63, or any of the procedures specified in appendix C of 40 CFR part
63.
[[Page 198]]
(F) Open or closed aerobic biological treatment processes: percent
removal for partially soluble or soluble HAP compounds. This paragraph
applies to the use of performance tests that are conducted for open or
closed aerobic biological treatment processes to demonstrate compliance
with the percent removal provisions for either partially soluble HAP
compounds in Sec. 63.1256(g)(8)(ii) or soluble HAP compounds in Sec.
63.1256(g)(9)(ii) or (g)(12). The owner or operator shall comply with
the provisions in paragraph (e)(2)(iii)(E) of this section, except that
compliance with Sec. 63.1256(g)(8)(ii) shall be demonstrated when E is
equal to or greater than 99 percent, compliance with Sec.
63.1256(g)(9)(ii) shall be demonstrated when E is equal to or greater
than 90 percent, and compliance with Sec. 63.1256(g)(12) shall be
demonstrated when E is equal to or greater than 99 percent.
(G) Closed biological treatment processes: percent mass removal
option. This paragraph applies to the use of performance tests that are
conducted for closed biological treatment processes to demonstrate
compliance with the percent removal provisions in Sec. Sec.
63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12). The owner or
operator shall comply with the requirements specified in paragraphs
(e)(2)(iii)(G) (1) through (4) of this section.
(1) Comply with the procedures specified in paragraphs
(e)(2)(iii)(C) (1) through (3) of this section to determine
characteristics of the wastewater entering the biological treatment
unit, except that the term ``partially soluble and/or soluble HAP''
shall mean ``soluble HAP'' for the purposes of this section if the owner
or operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it
shall mean ``partially soluble HAP'' if the owner or operator is
complying with Sec. 63.1256(g)(8)(ii).
(2) Comply with the procedures specified in paragraphs
(e)(2)(iii)(D) (4) through (6) of this section to determine the
characteristics of gas vent streams exiting a control device, with the
differences noted in paragraphs (e)(2)(iii)(G)(3) (i) and (ii) of this
section.
(i) The term ``partially soluble and/or soluble HAP'' shall mean
``soluble HAP'' for the purposes of this section if the owner or
operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it
shall mean ``partially soluble HAP'' if the owner or operator is
complying with Sec. 63.1256(g)(8)(ii).
(ii) The term ``combustion treatment process'' shall mean ``control
device'' for the purposes of this section.
(3) Percent removal/destruction calculation. The percent removal and
destruction across the treatment unit and any control device(s) shall be
calculated using Equation 51 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.047
Where:
E = removal and destruction efficiency of the treatment unit and control
device(s), percent
QMWa, QMWb = mass flow rate of partially soluble
and/or soluble HAP compounds in wastewater entering
(QMWa) and exiting (QMWb) the treatment
process, kilograms per hour (as calculated using Equations 44
and 45)
QMGb = mass flow rate of partially soluble and/or soluble HAP
compounds in vented gas stream exiting the control device, kg/
hr
(4) Compare mass removal/destruction efficiency to required
efficiency. Compare the mass removal/destruction efficiency (calculated
using Equation 51 of this subpart) to the required efficiency as
specified in Sec. 63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12).
If complying with Sec. 63.1256(g)(8)(ii), compliance is demonstrated if
the mass removal/destruction is 99 percent or greater. If complying with
Sec. 63.1256(g)(9)(ii), compliance is demonstrated if the mass removal/
destruction efficiency is 90 percent or greater. If complying with
[[Page 199]]
Sec. 63.1256(g)(11), compliance is demonstrated if the mass removal/
destruction efficiency is 95 percent or greater. If complying with Sec.
63.1256(g)(12), compliance is demonstrated if the mass removal/
destruction efficiency is 99 percent or greater.
(3) Compliance with control device provisions. Except as provided in
paragraph (e)(3)(iv) of this section, an owner or operator shall
demonstrate that each control device or combination of control devices
achieves the appropriate conditions specified in Sec. 63.1256(h)(2) by
using one or more of the methods specified in paragraphs (e)(3)(i),
(ii), or (iii) of this section.
(i) Performance test for control devices other than flares. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a control device with the efficiency limits specified in
Sec. 63.1256(h)(2). If complying with the 95-percent reduction
efficiency requirement, comply with the requirements specified in
paragraphs (e)(3)(i) (A) through (J) of this section. If complying with
the 20 ppm by volume requirement, comply with the requirements specified
in paragraphs (e)(3)(i) (A) through (G) and (e)(3)(i)(J) of this
section.
(A) General. The owner or operator shall comply with the general
performance test provisions in paragraphs (e)(2)(iii)(A) (1) through (4)
of this section, except that the term ``treatment unit'' shall mean
``control device'' for the purposes of this section.
(B) Sampling sites. Sampling sites shall be selected using Method 1
or 1A of 40 CFR part 60, appendix A, as appropriate. For determination
of compliance with the 95 percent reduction requirement, sampling sites
shall be located at the inlet and the outlet of the control device. For
determination of compliance with the 20 ppmv limit, the sampling site
shall be located at the outlet of the control device.
(C) Concentration in gas stream entering or exiting the control
device. The concentration of total organic HAP or TOC in a gas stream
shall be determined as provided in this paragraph. Samples may be grab
samples or composite samples (i.e., integrated samples). Samples shall
be taken at approximately equally spaced time intervals over a 1-hour
period. Each 1-hour period constitutes a run, and the performance test
shall consist of a minimum of three runs. Concentration measurements
shall be determined using Method 18 of 40 CFR part 60, appendix A.
Alternatively, any other test method validated according to the
procedures in Method 301 of appendix A of this part may be used.
(D) Volumetric flow rate of gas stream entering or exiting the
control device. The volumetric flow rate of the gas stream shall be
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A,
as appropriate. Volumetric flow rate measurements shall be taken at the
same time as the concentration measurements.
(E) Calculation of TOC concentration. The owner or operator shall
compute TOC in accordance with the procedures in paragraph (a)(2) of
this section.
(F) Calculation of total organic HAP concentration. The owner or
operator determining compliance based on total organic HAP concentration
shall compute the total organic HAP concentration in accordance with the
provisions in paragraph (a)(2) of this section.
(G) Requirements for combustion control devices. If the control
device is a combustion device, the owner or operator shall correct TOC
and organic HAP concentrations to 3 percent oxygen in accordance with
the provisions in paragraph (a)(3) of this section, and demonstrate
initial compliance with the requirements for halogenated streams in
accordance with paragraph (a)(6) of this section.
(H) Mass rate calculation. The mass rate of either TOC (minus
methane and ethane) or total organic HAP for each sample run shall be
calculated using the following equations. Where the mass rate of TOC is
being calculated, all organic compounds (minus methane and ethane)
measured by methods specified in paragraph (e)(3)(i)(C) of this section
are summed using Equations 52 and 53 of this subpart. Where the mass
rate of total organic HAP is being calculated, only soluble and
partially soluble HAP compounds shall be summed using Equations 52 and
53.
[[Page 200]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.048
[GRAPHIC] [TIFF OMITTED] TR21SE98.049
Where:
CGa, i, CGb, i = concentration of TOC or total
organic HAP, in vented gas stream, entering
(CGa, i) and exiting (CGb, i) the
control device, dry basis, ppmv
QMGa, QMGb = mass rate of TOC or total organic
HAP, in vented gas stream, entering (QMGa) and
exiting (QMGb) the control device, dry basis, kg/hr
Mwi = molecular weight of a component, kilogram/kilogram-mole
QGa,QGb = flow rate of gas stream entering
(QGa) and exiting (QGb) the control
device, dry standard cubic meters per hour
K2 = constant, 41.57 x 10-9 (parts per
million)-1 (gram-mole per standard cubic meter)
(kilogram/gram), where standard temperature (gram-mole per
standard cubic meter) is 20 [deg]C
i = identifier for a compound
n = number of components in the sample
(I) Percent reduction calculation. The percent reduction in TOC or
total organic HAP for each sample run shall be calculated using Equation
54 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.050
Where:
E = destruction efficiency of control device, percent
QMGa,QMGb = mass rate of TOC or total organic HAP,
in vented gas stream entering and exiting (QMGb)
the control device, dry basis, kilograms per hour
(J) Compare mass destruction efficiency to required efficiency. If
complying with the 95-percent reduction efficiency requirement,
compliance is demonstrated if the mass destruction efficiency
(calculated in Equation 51 of this subpart) is 95 percent or greater. If
complying with the 20 ppmv limit, compliance is demonstrated if the
outlet TOC concentration is 20 ppmv, or less.
(ii) Design evaluation. A design evaluation conducted in accordance
with the provisions in paragraph (a)(1) of this section. Compounds that
meet the requirements specified in paragraph (e)(2)(iii)(A)(4) of this
section are not required to be included in the design evaluation.
(iii) Compliance demonstration for flares. When a flare is used to
comply with Sec. 63.1256(h), the owner or operator shall comply with
the flare provisions in Sec. 63.11(b). An owner or operator is not
required to conduct a performance test to determine percent emission
reduction or outlet organic HAP or TOC concentration when a flare is
used.
(iv) Exemptions from compliance demonstrations. An owner or operator
using any control device specified in paragraph (a)(4) of this section
is exempt from the requirements in paragraphs (e)(3)(i) through
(e)(3)(iii) of this section and from the requirements in Sec. 63.6(f).
(f) Pollution prevention alternative standard. The owner or operator
shall demonstrate compliance with Sec. 63.1252(e)(2) using the
procedures described in paragraph (f)(1) and (f)(3) of this section. The
owner or operator shall demonstrate compliance with Sec. 63.1252(e)(3)
using the procedures described in paragraphs (f)(2) and (f)(3) of this
section.
(1) Compliance is demonstrated when the annual kg/kg factor,
calculated according to the procedure in paragraphs (f)(1)(i) and (iii)
of this section, is reduced by at least 75 percent as calculated
according to the procedure in paragraph (f)(1)(i) and (ii) of this
section.
(i) The production-indexed HAP consumption factors shall be
calculated by dividing annual consumption of total HAP by the annual
production rate, per process. The production-indexed total VOC
consumption factor shall be calculated by dividing annual consumption of
total VOC by the annual production rate, per process.
[[Page 201]]
(ii) The baseline factor is calculated from yearly production and
consumption data for the first 3-year period in which the PMPU was
operational, beginning no earlier than the 1987 calendar year, or for a
minimum period of 12 months from startup of the process until the
present in which the PMPU was operational and data are available,
beginning no earlier than the 1987 calendar year.
(iii) The annual factor is calculated on the following bases:
(A) For continuous processes, the annual factor shall be calculated
every 30 days for the 12-month period preceding the 30th day (30-day
rolling average).
(B) For batch processes, the annual factor shall be calculated
either every 10 batches for the 12-month period preceding the 10th batch
(10-batch rolling average) or a maximum of once per month, if the number
of batches is greater than 10 batches per month. The annual factor shall
be calculated every 5 batches if the number of batches is less than 10
for the 12-month period preceding the 10th batch and shall be calculated
every year if the number of batches is less than 5 for the 12-month
period preceding the 5th batch.
(2) Compliance is demonstrated when the requirements of paragraphs
(f)(2)(i) through (iv) of this section are met.
(i) The annual kg/kg factor, calculated according to the procedure
in paragraphs (f)(1)(i) and (f)(1)(iii) of this section, is reduced to a
value equal to or less than 50 percent of the baseline factor calculated
according to the procedure in paragraphs (f)(1)(i) and (ii) of this
section.
(ii) The yearly reductions associated with add-on controls that meet
the criteria of Sec. Sec. 63.1252(h)(3)(ii)(A) through (D) must be
equal to or greater than the amounts calculated in paragraphs
(f)(2)(ii)(A) and (B) of this section:
(A) The mass of HAP calculated using Equation 55 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.008
Where:
[kg/kg]b = the baseline production-indexed HAP consumption
factor, in kg/kg
Mprod = the annual production rate, in kg/yr
M = the annual reduction required by add-on controls, in kg/yr
PR = the fractional reduction in the annual kg/kg factor
achieved using pollution prevention where PR is
=0.5
(B) The mass of VOC calculated using Equation 56 of this subpart:
VOC reduced = (VFbase - VFP -
VFannual) x Mprod (Eq. 56)
Where:
VOCreduced = required VOC emission reduction from add-on
controls, kg/yr
VFbase = baseline VOC factor, kg VOC emitted/kg production
VFp = reduction in VOC factor achieved by pollution
prevention, kg VOC emitted/kg production
VFannual = target annual VOC factor, kg VOC emitted/kg
production
Mprod = production rate, kg/yr
(iii) Demonstration that the criteria in Sec. 63.1252(e)(3)(ii)(A)
through (D) are met shall be accomplished through a description of the
control device and of the material streams entering and exiting the
control device.
(iv) The annual reduction achieved by the add-on control shall be
quantified using the methods described in Sec. 63.1257(d).
(3) Each owner or operator of a PMPU complying with the P2 standard
shall prepare a P2 demonstration summary that shall contain, at a
minimum, the following information:
(i) Descriptions of the methodologies and forms used to measure and
record daily consumption of HAP compounds reduced as part of the P2
standard.
(ii) Descriptions of the methodologies and forms used to measure and
record daily production of products which are included in the P2
standard.
(iii) Supporting documentation for the descriptions provided in
paragraphs (f)(3)(i) and (ii) including, but not limited to, operator
log sheets and copies of daily, monthly, and annual inventories of
materials and products.
[[Page 202]]
(g) Compliance with storage tank provisions by using emissions
averaging. An owner or operator with two or more affected storage tanks
may demonstrate compliance with Sec. 63.1253, as applicable, by
fulfilling the requirements of paragraphs (g)(1) through (4) of this
section.
(1) The owner or operator shall develop and submit for approval an
Implementation Plan containing all the information required in Sec.
63.1259(e) 6 months prior to the compliance date of the standard. The
Administrator shall have 90 days to approve or disapprove the emissions
averaging plan after which time the plan shall be considered approved.
(2) The annual mass rate of total organic HAP (ETi,
ETo) shall be calculated for each storage tank included in
the emissions average using the procedures specified in paragraph
(c)(1), (2), or (3) of this section.
(3) Equations 57 and 58 of this subpart shall be used to calculate
total HAP emissions for those tanks subject to Sec. 63.1253(b) or (c):
[GRAPHIC] [TIFF OMITTED] TR21SE98.051
[GRAPHIC] [TIFF OMITTED] TR21SE98.052
Where:
Eij = yearly mass rate of total HAP at the inlet of the
control device for tank j
Eoj = yearly mass rate of total HAP at the outlet of the
control device for tank j
ETi = total yearly uncontrolled HAP emissions
ETo = total yearly actual HAP emissions
n = number of tanks included in the emissions average
(4) The overall percent reduction efficiency shall be calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.053
Where:
R = overall percent reduction efficiency
D = discount factor = 1.1 for all controlled storage tanks
(h) Compliance with process vent provisions by using emissions
averaging. An owner or operator with two or more affected processes
complying with Sec. 63.1254 by using emissions averaging shall
demonstrate compliance with paragraphs (h)(1), (2) and (3) of this
section.
(1) The owner or operator shall develop and submit for approval an
Implementation Plan at least 6 months prior to the compliance date of
the standard containing all the information required in Sec.
63.1259(e). The Administrator shall have 90 days to approve or
disapprove the emissions averaging plan. The plan shall be considered
approved if the Administrator either approves the plan in writing, or
fails to disapprove the plan in writing. The 90-day period shall begin
when the Administrator receives the request. If the request is denied,
the owner or operator must still be in compliance with the standard by
the compliance date.
(2) Owners or operators shall calculate uncontrolled and controlled
emissions of HAP by using the methods specified in paragraph (d)(2) and
(3) of this section for each process included in the emissions average.
(3) Equations 60 and 61 of this subpart shall be used to calculate
total HAP emissions:
[GRAPHIC] [TIFF OMITTED] TR29AU00.009
[GRAPHIC] [TIFF OMITTED] TR29AU00.010
Where:
EUi = yearly uncontrolled emissions from process i.
ECi = yearly actual emissions for process i.
ETU = total yearly uncontrolled emissions.
ETC = total yearly actual emissions.
n = number of processes included in the emissions average.
(4) The overall percent reduction efficiency shall be calculated
using Equation 62 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.056
Where:
R = overall percent reduction efficiency
[[Page 203]]
D = discount factor = 1.1 for all controlled emission points
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52609, Aug. 29, 2000;
66 FR 40134, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1258 Monitoring Requirements.
(a) The owner or operator of any existing, new, or reconstructed
affected source shall provide evidence of continued compliance with the
standard as specified in this section. During the initial compliance
demonstration, maximum or minimum operating parameter levels, as
appropriate, shall be established for emission sources that will
indicate the source is in compliance. Test data, calculations, or
information from the evaluation of the control device design shall be
used to establish the operating parameter level.
(b) Monitoring for control devices--(1) Parameters to monitor.
Except as specified in paragraph (b)(1)(i) of this section, for each
control device, the owner or operator shall install and operate
monitoring devices and operate within the established parameter levels
to ensure continued compliance with the standard. Monitoring parameters
are specified for control scenarios in Table 4 of this subpart and in
paragraphs (b)(1)(ii) through (xi) of this section.
(i) Periodic verification. For control devices that control vent
streams totaling less than 1 ton/yr HAP emissions, before control,
monitoring shall consist of a daily verification that the device is
operating properly. If the control device is used to control batch
process vents alone or in combination with other streams, the
verification may be on a per batch basis. This verification shall
include, but not be limited to, a daily or per batch demonstration that
the unit is working as designed and may include the daily measurements
of the parameters described in (b)(1)(ii) through (x) of this section.
This demonstration shall be included in the Precompliance report, to be
submitted 6 months prior to the compliance date of the standard.
(ii) Scrubbers. For affected sources using liquid scrubbers, the
owner or operator shall establish a minimum scrubber liquid flow rate or
pressure drop as a site-specific operating parameter which must be
measured and recorded every 15 minutes during the period in which the
scrubber is functioning in achieving the HAP removal required by this
subpart. If the scrubber uses a caustic solution to remove acid
emissions, the owner or operator shall establish a minimum pH of the
effluent scrubber liquid as a site-specific operating parameter which
must be monitored at least once a day. As an alternative to measuring
pH, you may elect to continuously monitor the caustic strength of the
scrubber effluent. The minimum scrubber flowrate or pressure drop shall
be based on the conditions anticipated under worst-case conditions, as
defined in Sec. 63.1257(b)(8)(i).
(A) The monitoring device used to determine the pressure drop shall
be certified by the manufacturer to be accurate to within a gage
pressure of 10 percent of the maximum pressure
drop measured.
(B) The monitoring device used for measurement of scrubber liquid
flowrate shall be certified by the manufacturer to be accurate within
10 percent of the design scrubber liquid flowrate.
(C) The monitoring device shall be calibrated annually.
(iii) Condensers. For each condenser, the owner or operator shall
establish the maximum condenser outlet gas temperature or product side
temperature as a site specific operating parameter which much be
measured and recorded at least every 15 minutes during the period in
which the condenser is functioning in achieving the HAP removal required
by this subpart.
(A) The temperature monitoring device must be accurate to within
2 percent of the temperature measured in degrees
Celsius or 2.5 [deg]C, whichever is greater.
(B) The temperature monitoring device must be calibrated annually.
(iv) Regenerative carbon adsorbers. For each regenerative carbon
adsorber, the owner or operator shall comply with the provisions in
paragraphs (b)(1)(iv)(A) through (F) of this section.
(A) Establish the regeneration cycle characteristics specified in
paragraphs (b)(1)(iv)(A)(1) through (4) of this section under worst-case
conditions, as defined in Sec. 63.1257(b)(8)(i).
[[Page 204]]
(1) Minimum regeneration frequency (i.e., operating time since last
regeneration);
(2) Minimum temperature to which the bed is heated during
regeneration;
(3) Maximum temperature to which the bed is cooled, measured within
15 minutes of completing the cooling phase; and
(4) Minimum regeneration stream flow.
(B) Monitor and record the regeneration cycle characteristics
specified in paragraphs (b)(1)(iv)(B)(1) through (4) of this section for
each regeneration cycle.
(1) Regeneration frequency (operating time since end of last
regeneration);
(2) Temperature to which the bed is heated during regeneration;
(3) Temperature to which the bed is cooled, measured within 15
minutes of the completion of the cooling phase; and
(4) Regeneration stream flow.
(C) Use a temperature monitoring device that is accurate to within
2 percent of the temperature measured in degrees
Celsius or 2.5 [deg]C, whichever is greater.
(D) Use a regeneration stream flow monitoring device capable of
recording the total regeneration stream flow to within 10 percent of the established value (i.e., accurate to
within 10 percent of the reading).
(E) Calibrate the temperature and flow monitoring devices annually.
(F) Conduct an annual check for bed poisoning in accordance with
manufacturer's specifications.
(v) Nonregenerative carbon adsorbers. For each nonregenerative
carbon adsorber, the owner or operator shall establish and monitor the
maximum time interval between replacement based on the conditions
anticipated under worst-case, as defined in Sec. 63.1257(b)(8)(i).
(vi) Flares. For each flare, the presence of the pilot flame shall
be monitored every 15 minutes during the period in which the flare is
functioning in achieving the HAP removal required by this subpart.
(vii) Thermal incinerators. For each thermal incinerator, the owner
or operator shall establish the minimum temperature of the gases exiting
the combustion chamber as the site-specific operating parameter which
must be measured and recorded at least once every 15 minutes during the
period in which the combustion device is functioning in achieving the
HAP removal required by this subpart.
(A) The temperature monitoring device must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(B) The monitoring device must be calibrated annually.
(viii) Catalytic incinerators. For each catalytic incinerator, the
owner or operator shall monitor the temperature of the gas stream
immediately before and after the catalyst bed. The owner or operator
shall establish the minimum temperature of the gas stream immediately
before the catalyst bed and the minimum temperature difference across
the catalyst bed as the site-specific operating parameter which must be
monitored and recorded at least once every 15 minutes during the period
in which the catalytic incinerator is functioning in achieving the HAP
removal required by this subpart.
(A) The temperature monitoring devices must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(B) The temperature monitoring devices must be calibrated annually.
(ix) Process heaters and boilers. (A) Except as specified in
paragraph (b)(1)(ix)(B) of this section, for each boiler or process
heater, the owner or operator shall establish the minimum temperature of
the gases exiting the combustion chamber as the site-specific operating
parameter which must be monitored and recorded at least once every 15
minutes during the period in which the boiler or process heater is
functioning in achieving the HAP removal required by this subpart.
(1) The temperature monitoring device must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(2) The temperature monitoring device must be calibrated annually.
[[Page 205]]
(B) The owner or operator is exempt from the monitoring requirements
specified in paragraph (b)(1)(ix)(A) of this section if either:
(1) All vent streams are introduced with primary fuel; or
(2) The design heat input capacity of the boiler or process heater
is 44 megawatts or greater.
(x) Continuous emission monitor. As an alternative to the parameters
specified in paragraphs (b)(1)(ii) through (ix) of this section, an
owner or operator may monitor and record the outlet HAP concentration or
both the outlet TOC concentration and outlet hydrogen halide and halogen
concentration every 15 minutes during the period in which the control
device is functioning in achieving the HAP removal required by this
subpart. The owner or operator need not monitor the hydrogen halide and
halogen concentration if, based on process knowledge, the owner or
operator determines that the emission stream does not contain hydrogen
halides or halogens. The HAP or TOC monitor must meet the requirements
of Performance Specification 8 or 9 of appendix B of part 60 and must be
installed, calibrated, and maintained, according to Sec. 63.8. As part
of the QA/QC Plan, calibration of the device must include, at a minimum,
quarterly cylinder gas audits.
(xi) CVS visual inspections. The owner or operator shall perform
monthly visual inspections of each closed vent system as specified in
Sec. 63.1252(b).
(2) Averaging periods. Averaging periods for parametric monitoring
levels shall be established according to paragraphs (b)(2)(i) through
(iii) of this section.
(i) Except as provided in paragraph (b)(2)(iii) of this section, a
daily (24-hour) or block average shall be calculated as the average of
all values for a monitored parameter level set according to the
procedures in (b)(3)(iii) of this section recorded during the operating
day or block.
(ii) The operating day or block shall be defined in the Notification
of Compliance Status report. The daily average may be from midnight to
midnight or another continuous 24-hour period. The block average is
limited to a period of time that is, at a maximum, equal to the time
from the beginning to end of a batch process.
(iii) Monitoring values taken during periods in which the control
devices are not functioning in controlling emissions, as indicated by
periods of no flow, shall not be considered in the averages. Where flow
to the device could be intermittent, the owner or operator shall
install, calibrate and operate a flow indicator at the inlet or outlet
of the control device to identify periods of no flow.
(3) Procedures for setting parameter levels for control devices used
to control emissions--(i) Small control devices. Except as provided in
paragraph (b)(1)(i) of this section, for devices controlling less than
10 tons per year of HAP for which a performance test is not required,
the parametric levels shall be set based on the design evaluation
required in Sec. 63.1257(d)(3)(i). If a performance test is conducted,
the monitoring parameter level shall be established according to the
procedures in (b)(3)(ii) of this section.
(ii) Large control devices. For devices controlling greater than 10
tons per year of HAP for which a performance test is required, the
parameter level must be established as follows:
(A) If the operating parameter level to be established is a maximum,
it must be based on the average of the values from each of the three
test runs.
(B) If the operating parameter level to be established is a minimum,
it must be based on the average of the values from each of the three
test runs.
(C) The owner or operator may establish the parametric monitoring
level(s) based on the performance test supplemented by engineering
assessments and manufacturer's recommendations. Performance testing is
not required to be conducted over the entire range of expected parameter
values. The rationale for the specific level for each parameter,
including any data and calculations used to develop the level(s) and a
description of why the level indicates proper operation of the control
device shall be provided in the Precompliance report. The procedures
specified in this section have not been approved by the Administrator
and determination of the parametric monitoring level using these
procedures is
[[Page 206]]
subject to review and approval by the Administrator.
(iii) Parameters for control devices controlling batch process
vents. For devices controlling batch process vents alone or in
combination with other streams, the parameter level(s) shall be
established in accordance with paragraph (b)(3)(iii)(A) or (B) of this
section.
(A) If more than one batch emission episode has been selected to be
controlled, a single level for the batch process(es) shall be determined
from the initial compliance demonstration.
(B) Instead of establishing a single level for the batch
process(es), as described in paragraph (b)(3)(iii)(A) of this section,
an owner or operator may establish separate levels for each batch
emission episode, selected to be controlled. If separate monitoring
levels are established, the owner or operator must provide a record
indicating at what point in the daily schedule or log of processes
required to be recorded per the requirements of Sec. 63.1259(b)(9) the
parameter being monitored changes levels and must record at least one
reading of the new parameter level, even if the duration of monitoring
for the new parameter is less than 15-minutes.
(4) Request approval to monitor alternative parameters. An owner or
operator may request approval to monitor parameters other than those
required by paragraphs (b)(1)(ii) through (ix) of this section. The
request shall be submitted according to the procedures specified in
Sec. 63.8(f) or included in the Precompliance report.
(5) Monitoring for the alternative standards. (i) For control
devices that are used to comply with the provisions of Sec. 63.1253(d)
or Sec. 63.1254(c), the owner or operator shall monitor and record the
outlet TOC concentration and the outlet hydrogen halide and halogen
concentration every 15 minutes during the period in which the device is
functioning in achieving the HAP removal required by this subpart using
CEMS as specified in paragraphs (b)(5)(i)(A) through (D) of this
section.
(A) A TOC monitor meeting the requirements of EPA Performance
Specification 8, 9, or 15 of appendix B of 40 CFR part 60 shall be
installed, calibrated, and maintained according to Sec. 63.8.
(B) Except as specified in paragraphs (b)(5)(i)(C) and (D) of this
section, the owner or operator must monitor HCl using either a FTIR CEMS
that meets Performance Specification 15 of appendix B of part 60 or any
other CEMS capable of measuring HCl for which a performance
specification has been promulgated in appendix B of part 60. To monitor
HCl with a CEMS for which a performance specification has not been
promulgated, the owner or operator must prepare a monitoring plan and
submit it for approval in accordance with the procedures specified in
Sec. 63.8.
(C) As an alternative to using a CEMS as specified in paragraph
(b)(5)(i)(B) of this section to monitor halogenated vent streams that
are controlled by a combustion device followed by a scrubber, the owner
or operator may elect to monitor scrubber operating parameters as
specified in paragraph (b)(1)(ii) of this section that demonstrate the
HCl emissions are reduced by at least 95 percent by weight.
(D) The owner or operator need not monitor the hydrogen halide and
halogen concentration if, based on process knowledge, the owner or
operator determines that the emission stream does not contain hydrogen
halides or halogens.
(ii) An owner or operator complying with the alternative standard
using control devices in which supplemental gases are added to the vents
or manifolds must either correct for supplemental gases as specified in
Sec. 63.1257(a)(3) or comply with the requirements of paragraph
(b)(5)(ii)(A) or (B) of this section. If the owner or operator corrects
for supplemental gases as specified in Sec. 63.1257(a)(3)(ii) for
noncombustion control devices, the flow rates must be evaluated as
specified in paragraph (b)(5)(ii)(C) of this section.
(A) Provisions for combustion devices. As an alternative to
correcting for supplemental gases as specified in Sec. 63.1257(a)(3),
the owner or operator may monitor residence time and firebox temperature
according to the requirements of paragraphs (b)(5)(ii)(A)(1) and (2) of
this section. Monitoring of residence time may be
[[Page 207]]
accomplished by monitoring flowrate into the combustion chamber.
(1) If complying with the alternative standard instead of achieving
a control efficiency of 95 percent or less, the owner or operator must
maintain a minimum residence time of 0.5 seconds and a minimum
combustion chamber temperature of 760 [deg]C.
(2) If complying with the alternative standard instead of achieving
a control efficiency of 98 percent, the owner or operator must maintain
a minimum residence time of 0.75 seconds and a minimum combustion
chamber temperature of 816 [deg]C.
(B) Provisions for dense gas systems. As an alternative to
correcting for supplemental gases as specified in Sec. 63.1257(a)(3),
for noncombustion devices used to control emissions from dense gas
systems, as defined in Sec. 63.1251, the owner or operator shall
monitor flowrate as specified in paragraphs (b)(5)(ii)(B)(1) through (4)
of this section.
(1) Use Equation 63 of this subpart to calculate the system flowrate
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TR29AU00.011
Where:
Fs = system flowrate setpoint, scfm
Ean = annual emissions entering the control device, lbmols/yr
(2) Annual emissions used in Equation 63 of this subpart must be
based on the actual mass of organic compounds entering the control
device, as calculated from the most representative emissions inventory
data submitted within the 5 years before the Notification of Compliance
Status report is due. The owner or operator must recalculate the system
flowrate setpoint once every 5 years using the annual emissions from the
most representative emissions inventory data submitted during the 5-year
period after the previous calculation. Results of the initial
calculation must be included in the Notification of Compliance Status
report, and recalculated values must be included in the next Periodic
report after each recalculation. For all calculations after the initial
calculation, to use emissions inventory data calculated using procedures
other than those specified in Sec. 63.1257(d), the owner or operator
must submit the emissions inventory data calculations and rationale for
their use in the Notification of Process Change report or an application
for a part 70 permit renewal or revision.
(3) In the Notification of Compliance Status report, the owner or
operator may elect to establish both a maximum daily average operating
flowrate limit above the flowrate setpoint and a reduced outlet
concentration limit corresponding to this flowrate limit. The owner or
operator may also establish reduced outlet concentration limits for any
daily average flowrates between the flowrate setpoint and the flowrate
limit. The correlation between these elevated flowrates and the
corresponding outlet concentration limits must be established using
Equation 64 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.012
Where:
Ca = adjusted outlet concentration limit, dry basis, ppmv
50 = outlet concentration limit associated with the flowrate setpoint,
dry basis, ppmv
Fs = system flowrate setpoint, scfm
Fa = actual system flowrate limit, scfm
(4) The owner or operator must install and operate a monitoring
system for measuring system flowrate. The flowrate into the control
device must be monitored and recorded at least once every hour. The
system flowrate must be calculated as the average of all values measured
during each 24-hour operating day. The flowrate monitoring device must
be accurate to within 5 percent of the system flowrate setpoint, and the
flowrate monitoring device must be calibrated annually.
(C) Flow rate evaluation for noncombustion devices. To demonstrate
continuous compliance with the requirement to correct for supplemental
gases as specified in Sec. 63.1257(a)(3)(ii) for noncombustion devices,
the owner or operator must evaluate the volumetric flow rate of
supplemental gases, Vs, and the volumetric flow rate of all
gases, Va,
[[Page 208]]
each time a new operating scenario is implemented based on process
knowledge and representative operating data. The procedures used to
evaluate the flow rates, and the resulting correction factor used in
Equation 7B of this subpart, must be included in the Notification of
Compliance Status report and in the next Periodic report submitted after
an operating scenario change.
(6) Exceedances of operating parameters. An exceedance of an
operating parameter is defined as one of the following:
(i) If the parameter, averaged over the operating day or block, is
below a minimum value established during the initial compliance
demonstration.
(ii) If the parameter, averaged over the operating day or block, is
above the maximum value established during the initial compliance
demonstration.
(iii) Each loss of all pilot flames for flares.
(7) Excursions. Excursions are defined by either of the two cases
listed in paragraphs (b)(7)(i) or (ii) of this section.
(i) When the period of control device operation is 4 hours or
greater in an operating day and monitoring data are insufficient to
constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of
this section, for at least 75 percent of the operating hours.
(ii) When the period of control device operation is less than 4
hours in an operating day and more than one of the hours during the
period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
(iii) Monitoring data are insufficient to constitute a valid hour of
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if
measured values are unavailable for any of the required 15-minute
periods within the hour.
(8) Violations. Exceedances of parameters monitored according to the
provisions of paragraphs (b)(1)(ii), (iv) through (ix), and
(b)(5)(ii)(A) and (B) of this section, or excursions as defined by
paragraphs (b)(7)(i) through (iii) of this section, constitute
violations of the operating limit according to paragraphs (b)(8)(i),
(ii), and (iv) of this section. Exceedances of the temperature limit
monitored according to the provisions of paragraph (b)(1)(iii) of this
section or exceedances of the outlet concentrations monitored according
to the provisions of paragraph (b)(1)(x) of this section constitute
violations of the emission limit according to paragraphs (b)(8)(i),
(ii), and (iv) of this section. Exceedances of the outlet concentrations
monitored according to the provisions of paragraph (b)(5) of this
section constitute violations of the emission limit according to the
provisions of paragraphs (b)(8)(iii) and (iv) of this section.
(i) Except as provided in paragraph (b)(8)(iv) of this section, for
episodes occurring more than once per day, exceedances of established
parameter limits or excursions will result in no more than one violation
per operating day for each monitored item of equipment utilized in the
process.
(ii) Except as provided in paragraph (b)(8)(iv) of this section, for
control devices used for more than one process in the course of an
operating day, exceedances or excursions will result in no more than one
violation per operating day, per control device, for each process for
which the control device is in service.
(iii) Except as provided in paragraph (b)(8)(iv) of this section,
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged
over the operating day, will result in no more than one violation per
day per control device. Except as provided in paragraph (b)(8)(iv) of
this section, exceedances of the 20 or 50 ppmv hydrogen halide or
halogen outlet emission limit, averaged over the operating day, will
result in no more than one violation per day per control device.
(c) Monitoring for emission limits. The owner or operator of any
affected source complying with the provisions of Sec. 63.1254(a)(2)
shall demonstrate continuous compliance with the 900 and 1,800 kg/yr
emission limits by calculating daily 365-day rolling summations of
emissions. During periods of planned routine maintenance when emissions
are controlled as specified in Sec. 63.1252(h), the owner or operator
must calculate controlled emissions assuming the HAP emissions are
reduced by 93 percent. For any owner or operator opting to switch
compliance strategy
[[Page 209]]
from the 93 percent control requirement to the annual mass emission
limit method, as described in Sec. 63.1254(a)(1)(i), the rolling
summations, beginning with the first day after the switch, must include
emissions from the past 365 days.
(d) Monitoring for equipment leaks. The owner or operator of any
affected source complying with the requirements of Sec. 63.1255 of this
subpart shall meet the monitoring requirements described Sec. 63.1255
of this subpart.
(e) Pollution prevention. The owner or operator of any affected
source that chooses to comply with the requirements of Sec. Sec.
63.1252(e)(2) and (3) shall calculate a yearly rolling average of kg HAP
consumption per kg production and kg VOC consumption per kg production
every month or every 10 batches. Each rolling average kg/kg factor that
exceeds the value established in Sec. 63.1257(f)(1)(ii) will be
considered a violation of the emission limit.
(f) Emissions averaging. The owner or operator of any affected
source that chooses to comply with the requirements of Sec. 63.1252(d)
shall meet all monitoring requirements specified in paragraphs (b)(1)
and (3) of this section, as applicable, for all processes and storage
tanks included in the emissions average.
(g) Inspection and monitoring of waste management units and
treatment processes. (1) For each wastewater tank, surface impoundment,
container, individual drain system, and oil-water separator that
receives, manages, or treats wastewater, a residual removed from
wastewater, a recycled wastewater, or a recycled residual removed from
wastewater, the owner or operator shall comply with the inspection
requirements specified in Table 7 of this subpart.
(2) For each biological treatment unit used to comply with Sec.
63.1256(g), the owner or operator shall monitor TSS, BOD, and the
biomass concentration at a frequency approved by the permitting
authority and using methods approved by the permitting authority. The
owner or operator may request approval to monitor other parameters. The
request shall be submitted in the Precompliance report according to the
procedures specified in Sec. 63.1260(e), and shall include a
description of planned reporting and recordkeeping procedures. The owner
or operator shall include as part of the submittal the basis for the
selected monitoring frequencies and the methods that will be used. The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the permit application or by other
appropriate means.
(3) For nonbiological treatment units, the owner or operator shall
request approval to monitor appropriate parameters that demonstrate
proper operation of the selected treatment process. The request shall be
submitted in the Precompliance report according to the procedures
specified in Sec. 63.1260(e), and shall include a description of
planned reporting and recordkeeping procedures. The Administrator will
specify appropriate reporting and recordkeeping requirements as part of
the review of the permit application or by other appropriate means.
(h) Leak inspection provisions for vapor suppression equipment. (1)
Except as provided in paragraph (h)(9) and (10) of this section, for
each vapor collection system, closed-vent system, fixed roof, cover, or
enclosure required to comply with this section, the owner or operator
shall comply with the requirements of paragraphs (h)(2) through (8) of
this section.
(2) Except as provided in paragraphs (h)(6) and (7) of this section,
each vapor collection system and closed-vent system shall be inspected
according to the procedures and schedule specified in paragraphs
(h)(2)(i) and (ii) of this section and each fixed roof, cover, and
enclosure shall be inspected according to the procedures and schedule
specified in paragraph (h)(2)(iii) of this section.
(i) If the vapor collection system or closed-vent system is
constructed of hard-piping, the owner or operator shall:
(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(ii) If the vapor collection system or closed-vent system is
constructed of ductwork, the owner or operator shall:
[[Page 210]]
(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct annual inspections according to the procedures in
paragraph (h)(3) of this section.
(C) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(iii) For each fixed roof, cover, and enclosure, the owner or
operator shall:
(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct semiannual visual inspections for visible, audible, or
olfactory indications of leaks.
(3) Each vapor collection system, closed-vent system, fixed roof,
cover, and enclosure shall be inspected according to the procedures
specified in paragraphs (h)(3)(i) through (v) of this section.
(i) Inspections shall be conducted in accordance with Method 21 of
40 CFR part 60, appendix A.
(ii) Detection instrument performance criteria. (A) Except as
provided in paragraph (h)(3)(ii)(B) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the average composition of
the process fluid not each individual VOC in the stream. For process
streams that contain nitrogen, air, or other inerts which are not
organic HAP or VOC, the average stream response factor shall be
calculated on an inert-free basis.
(B) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (h)(3)(ii)(A) 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 (h)(3)(ii)(A) of this section.
(iii) 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.
(iv) Calibration gases shall be as follows:
(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
(h)(2)(ii)(A) 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.
(v) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects to
not adjust readings for background, all such instrument readings shall
be compared directly to the applicable leak definition to determine
whether there is a leak. If an owner or operator elects to adjust
instrument readings for background, the owner or operator shall measure
background concentration using the procedures in Sec. 63.180(b) and
(c). The owner or operator shall subtract background reading from the
maximum concentration indicated by the instrument.
(vi) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(vii) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
with 500 parts per million for determining compliance.
(4) Leaks, as indicated by an instrument reading greater than 500
parts per million above background or by visual inspections, shall be
repaired as soon as practicable, except as provided in paragraph (h)(5)
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, except as provided in paragraph (h)(4)(iii) of
this section.
(iii) For leaks found in vapor collection systems used for transfer
operations, repairs shall be completed no later than 15 calendar days
after the leak is detected or at the beginning of the next transfer
loading operation, whichever is later.
(5) Delay of repair of a vapor collection system, closed-vent
system, fixed
[[Page 211]]
roof, cover, or enclosure for which leaks have been detected is allowed
if the repair is technically infeasible without a shutdown, as defined
in Sec. 63.1251, 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.
(6) Any parts of the vapor collection system, closed-vent system,
fixed roof, cover, or enclosure that are designated, as described in
paragraph (h)(8) of this section, as unsafe to inspect are exempt from
the inspection requirements of paragraphs (h)(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
(h)(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.
(7) Any parts of the vapor collection system, closed-vent system,
fixed roof, cover, or enclosure that are designated, as described in
paragraph (h)(8) of this section, as difficult to inspect are exempt
from the inspection requirements of paragraphs (h)(2)(i), (ii), and
(iii)(A) of this section if:
(i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(8) Records shall be maintained as specified in Sec. 63.1259(i) (4)
through (9).
(9) If a closed-vent system subject to this section is also subject
to the equipment leak provisions of Sec. 63.1255, the owner or operator
shall comply with the provisions of Sec. 63.1255 and is exempt from the
requirements of this section.
(10) Instead of complying with the provisions of paragraphs (h)(2)
through (8) of this section, an owner or operator may design a closed-
vent system to operate at a pressure below atmospheric pressure. The
system shall be equipped with at least one pressure gauge 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 associated control device is operating.
(i) Planned routine maintenance. During periods of planned routine
maintenance when organic HAP emissions are controlled as specified in
Sec. 63.1252(h)(2), the owner or operator must monitor the condenser
outlet gas temperature according to the procedures specified in
paragraph (b)(1)(iii) of this section. During periods of planned routine
maintenance when HCl emissions are controlled as specified in Sec.
63.1252(h)(3), the owner or operator must monitor the pH of the scrubber
effluent once per day.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52612, Aug. 29, 2000;
66 FR 40134, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22601, Apr. 21, 2011]
Sec. 63.1259 Recordkeeping requirements.
(a) Requirements of subpart A of this part. The owner or operator of
an affected source shall comply with the recordkeeping requirements in
subpart A of this part as specified in Table 1 of this subpart and in
paragraphs (a)(1) through (5) of this section.
(1) Data retention. Each owner or operator of an affected source
shall keep copies of all records and reports required by this subpart
for at least 5 years, as specified in Sec. 63.10(b)(1).
(2) Records of applicability determinations. The owner or operator
of a stationary source that is not subject to this subpart shall keep a
record of the applicability determination, as specified in Sec.
63.10(b)(3).
(3) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process equipment),
air pollution control equipment, or monitoring equipment. Each owner or
operator shall maintain records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec.
63.1250(g)(3), including corrective actions to restore
[[Page 212]]
malfunctioning process and air pollution control and monitoring
equipment to its normal or usual manner of operation.
(4) Recordkeeping requirements for sources with continuous
monitoring systems. The owner or operator of an affected source who
elects to install a continuous monitoring system shall maintain records
specified in Sec. 63.10(c)(1) through (14).
(5) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), (d)(2),
and (d)(3)(ii).
(b) Records of equipment operation. The owner or operator must keep
the following records up-to-date and readily accessible:
(1) Each measurement of a control device operating parameter
monitored in accordance with Sec. 63.1258 and each measurement of a
treatment process parameter monitored in accordance with Sec.
63.1258(g)(2) and (3).
(2) For processes subject to Sec. 63.1252(e), records of
consumption, production, and the rolling average values of the
production-indexed HAP and VOC consumption factors.
(3) For each continuous monitoring system used to comply with this
subpart, records documenting the completion of calibration checks and
maintenance of continuous monitoring systems.
(4) For purposes of compliance with the annual mass limits of Sec.
63.1254(a)(2) and (b)(2), daily records of the rolling annual total
emissions.
(5) Records of the following, as appropriate:
(i) For processes that are in compliance with the percent reduction
requirements of Sec. 63.1254(a)(1) or (b)(1) and that contain vents
controlled to less than the percent reduction requirement, the records
specified in paragraphs (b)(5)(i)(A) through (C) of this section are
required.
(A) Standard batch uncontrolled and controlled emissions for each
process;
(B) Actual uncontrolled and controlled emissions for each
nonstandard batch; and
(C) A record whether each batch operated was considered a standard
batch.
(ii) For processes in compliance with the annual mass limits of
Sec. 63.1254(a)(2) or (b)(2), the following records are required:
(A) The number of batches per year for each batch process;
(B) The operating hours per year for continuous processes;
(C) Standard batch uncontrolled and controlled emissions for each
process;
(D) Actual controlled emissions for each batch operated during
periods of planned routine maintenance of a CCCD, calculated according
to Sec. 63.1258(c).
(E) Actual uncontrolled and controlled emissions for each
nonstandard batch;
(F) A record whether each batch operated was considered a standard
batch.
(6) Wastewater concentration per POD or process, except as provided
in Sec. 63.1256(a)(1)(ii).
(7) Number of storage tank turnovers per year, if used in an
emissions average.
(8) A schedule or log of each operating scenario updated daily or,
at a minimum, each time a different operating scenario is put into
operation.
(9) Description of worst-case operating conditions as required in
Sec. 63.1257(b)(8).
(10) Periods of planned routine maintenance as described in
Sec. Sec. 63.1252(h) and 63.1257(c)(5).
(11) If the owner or operator elects to comply with Sec. 63.1253(b)
or (c) by installing a floating roof, the owner or operator must keep
records of each inspection and seal gap measurement in accordance with
Sec. 63.123(c) through (e) as applicable.
(12) If the owner or operator elects to comply with the vapor
balancing alternative in Sec. 63.1253(f), the owner or operator must
keep records of the DOT certification required by Sec. 63.1253(f)(2)
and the pressure relief vent setting and the leak detection records
specified in Sec. 63.1253(f)(5).
(13) All maintenance performed on the air pollution control
equipment.
(c) Records of operating scenarios. The owner or operator of an
affected source
[[Page 213]]
shall keep records of each operating scenario which demonstrates
compliance with this subpart.
(d) Records of equipment leak detection and repair programs. The
owner or operator of any affected source implementing the leak detection
and repair (LDAR) program specified in Sec. 63.1255 of this subpart,
shall implement the recordkeeping requirements in Sec. 63.1255 of this
subpart.
(e) Records of emissions averaging. The owner or operator of any
affected source that chooses to comply with the requirements of Sec.
63.1252(d) shall maintain up-to-date records of the following
information:
(1) An Implementation Plan which shall include in the plan, for all
process vents and storage tanks included in each of the averages, the
information listed in paragraphs (e)(1)(i) through (v) of this section.
(i) The identification of all process vents and storage tanks in
each emissions average.
(ii) The uncontrolled and controlled emissions of HAP and the
overall percent reduction efficiency as determined in Sec. Sec.
63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable.
(iii) The calculations used to obtain the uncontrolled and
controlled HAP emissions and the overall percent reduction efficiency.
(iv) The estimated values for all parameters required to be
monitored under Sec. 63.1258(f) for each process and storage tank
included in an average.
(v) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping and reporting provisions in Sec. Sec.
63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to
each emission point in the emissions average will be implemented
beginning on the date of compliance.
(2) The Implementation Plan must demonstrate that the emissions from
the processes and storage tanks proposed to be included in the average
will not result in greater hazard or, at the option of the operating
permit authority, greater risk to human health or the environment than
if the storage tanks and process vents were controlled according to the
provisions in Sec. Sec. 63.1253 and 63.1254, respectively.
(i) This demonstration of hazard or risk equivalency shall be made
to the satisfaction of the operating permit authority.
(A) The Administrator may require owners and operators to use
specific methodologies and procedures for making a hazard or risk
determination.
(B) The demonstration and approval of hazard or risk equivalency
shall be made according to any guidance that the Administrator makes
available for use or any other technically sound information or methods.
(ii) An emissions averaging plan that does not demonstrate hazard or
risk equivalency to the satisfaction of the Administrator shall not be
approved. The Administrator may require such adjustments to the
emissions averaging plan as are necessary in order to ensure that the
average will not result in greater hazard or risk to human health or the
environment than would result if the emission points were controlled
according to Sec. Sec. 63.1253 and 63.1254.
(iii) A hazard or risk equivalency demonstration must:
(A) Be a quantitative, comparative chemical hazard or risk
assessment;
(B) Account for differences between averaging and non-averaging
options in chemical hazard or risk to human health or the environment;
and
(C) Meet any requirements set by the Administrator for such
demonstrations.
(3) Records as specified in paragraphs (a), (b) and (d) of this
section.
(4) A rolling quarterly calculation of the annual percent reduction
efficiency as specified in Sec. 63.1257(g) and (h).
(f) Records of delay of repair. Documentation of a decision to use a
delay of repair due to unavailability of parts, as specified in Sec.
63.1256(i), shall include a description of the failure, the reason
additional time was necessary (including a statement of why replacement
parts were not kept onsite and when delivery from the manufacturer is
scheduled), and the date when the repair was completed.
(g) Record of wastewater stream or residual transfer. The owner or
operator transferring an affected wastewater
[[Page 214]]
stream or residual removed from an affected wastewater stream in
accordance with Sec. 63.1256(a)(5) shall keep a record of the notice
sent to the treatment operator stating that the wastewater stream or
residual contains organic HAP which are required to be managed and
treated in accordance with the provisions of this subpart.
(h) Records of extensions. The owner or operator shall keep
documentation of a decision to use an extension, as specified in Sec.
63.1256(b)(6)(ii) or (b)(9), in a readily accessible location. The
documentation shall include a description of the failure, documentation
that alternate storage capacity is unavailable, and specification of a
schedule of actions that will ensure that the control equipment will be
repaired and the tank will be emptied as soon as practical.
(i) Records of inspections. The owner or operator shall keep records
specified in paragraphs (i)(1) through (9) of this section.
(1) A record that each waste management unit inspection required by
Sec. 63.1256(b) through (f) was performed.
(2) A record that each inspection for control devices required by
Sec. 63.1256(h) was performed.
(3) A record of the results of each seal gap measurement required by
Sec. 63.1256(b)(5) and (f)(3). The records shall include the date of
measurement, the raw data obtained in the measurement, and the
calculations described in Sec. 63.120(b)(2) through (4).
(4) Records identifying all parts of the vapor collection system,
closed-vent system, fixed roof, cover, or enclosure that are designated
as unsafe to inspect in accordance with Sec. 63.1258(h)(6), an
explanation of why the equipment is unsafe to inspect, and the plan for
inspecting the equipment.
(5) Records identifying all parts of the vapor collection system,
closed-vent system, fixed roof, cover, or enclosure that are designated
as difficult to inspect in accordance with Sec. 63.1258(h)(7), an
explanation of why the equipment is difficult to inspect, and the plan
for inspecting the equipment.
(6) For each vapor collection system or closed-vent system that
contains bypass lines that could divert a vent stream away from the
control device and to the atmosphere, the owner or operator shall keep a
record of the information specified in either paragraph (i)(6)(i) or
(ii) of this section.
(i) Hourly records of whether the flow indicator specified under
Sec. 63.1252(b)(1) was operating and whether a diversion 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 flow indicator is not operating.
(ii) Where a seal mechanism is used to comply with Sec.
63.1252(b)(2), hourly records of flow are not required. In such cases,
the owner or operator shall record that the monthly visual inspection of
the seals or closure mechanisms has been done, and shall record the
occurrence of all periods when the seal mechanism is broken, the 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.
(7) For each inspection conducted in accordance with Sec.
63.1258(h)(2) and (3) during which a leak is detected, a record of the
information specified in paragraphs (i)(7)(i) through (ix) of this
section.
(i) Identification of the leaking equipment.
(ii) The instrument identification numbers and operator name or
initials, if the leak was detected using the procedures described in
Sec. 63.1258(h)(3); or a record that the leak was detected by sensory
observations.
(iii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iv) Maximum instrument reading measured by the method specified in
Sec. 63.1258(h)(4) after the leak is successfully repaired or
determined to be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(vi) 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.
[[Page 215]]
(vii) The expected date of successful repair of the leak if a leak
is not repaired within 15 calendar days.
(viii) Dates of shutdowns that occur while the equipment is
unrepaired.
(ix) The date of successful repair of the leak.
(8) For each inspection conducted in accordance with Sec.
63.1258(h)(3) during which no leaks are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks were detected.
(9) For each visual inspection conducted in accordance with Sec.
63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no
leaks are detected, a record that the inspection was performed, the date
of the inspection, and a statement that no leaks were detected.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52613, Aug. 29, 2000;
66 FR 40135, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22601, Apr. 21, 2011]
Sec. 63.1260 Reporting requirements.
(a) The owner or operator of an affected source shall comply with
the reporting requirements of paragraphs (b) through (n) of this
section. Applicable reporting requirements of Sec. Sec. 63.9 and 63.10
are also summarized in Table 1 of this subpart.
(b) Initial notification. The owner or operator shall submit the
applicable initial notification in accordance with Sec. 63.9(b) or (d).
(c) Application for approval of construction or reconstruction. An
owner or operator who is subject to Sec. 63.5(b)(3) shall submit to the
Administrator an application for approval of the construction of a new
major affected source, the reconstruction of a major affected source, or
the reconstruction of a major source such that the source becomes a
major affected source subject to the standards. The application shall be
prepared in accordance with Sec. 63.5(d).
(d) Notification of CMS performance evaluation. An owner or operator
who is required by the Administrator to conduct a performance evaluation
for a continuous monitoring system shall notify the Administrator of the
date of the performance evaluation as specified in Sec. 63.8(e)(2).
(e) Precompliance report. The Precompliance report shall be
submitted at least 6 months prior to the compliance date of the
standard. For new sources, the Precompliance report shall be submitted
to the Administrator with the application for approval of construction
or reconstruction. The Administrator shall have 90 days to approve or
disapprove the plan. The plan shall be considered approved if the
Administrator either approves the plan in writing, or fails to
disapprove the plan in writing. The 90 day period shall begin when the
Administrator receives the request. If the request is denied, the owner
or operator must still be in compliance with the standard by the
compliance date. To change any of the information submitted in the
report, the owner or operator shall notify the Administrator 90 days
before the planned change is to be implemented; the change shall be
considered approved if the Administrator either approves the change in
writing, or fails to disapprove the change in writing. The Precompliance
report shall include:
(1) Requests for approval to use alternative monitoring parameters
or requests to set monitoring parameters according to Sec.
63.1258(b)(4).
(2) Descriptions of the daily or per batch demonstrations to verify
that control devices subject to Sec. 63.1258(b)(1)(i) are operating as
designed.
(3) A description of test conditions, and the corresponding
monitoring parameter values for parameters that are set according to
Sec. 63.1258(b)(3)(ii)(C).
(4) For owners and operators complying with the requirements of
Sec. 63.1252(e), the P2 demonstration summary required in Sec.
63.1257(f).
(5) Data and rationale used to support an engineering assessment to
calculate uncontrolled emissions from process vents as required in Sec.
63.1257(d)(2)(ii).
(6) Data and other information supporting the determination of
annual average concentrations by process simulation as required in Sec.
63.1257(e)(1)(ii).
(7) Bench scale or pilot-scale test data and rationale used to
determine annual average concentrations as required in Sec.
63.1257(e)(1)(ii)(C).
[[Page 216]]
(f) Notification of Compliance Status report. The Notification of
Compliance Status report required under Sec. 63.9 shall be submitted no
later than 150 days after the compliance date and shall include:
(1) The results of any applicability determinations, emission
calculations, or analyses used to identify and quantify HAP emissions
from the affected source.
(2) The results of emissions profiles, performance tests,
engineering analyses, design evaluations, or calculations used to
demonstrate compliance. For performance tests, results should include
descriptions of sampling and analysis procedures and quality assurance
procedures.
(3) Descriptions of monitoring devices, monitoring frequencies, and
the values of monitored parameters established during the initial
compliance determinations, including data and calculations to support
the levels established.
(4) Listing of all operating scenarios.
(5) Descriptions of worst-case operating and/or testing conditions
for control devices.
(6) Identification of emission points subject to overlapping
requirements described in Sec. 63.1250(h) and the authority under which
the owner or operator will comply.
(7) Anticipated periods of planned routine maintenance of a CCCD
subject to Sec. 63.1252(h) during the period between the compliance
date and the end of the period covered by the first Periodic report, and
if applicable, the rationale for why the planned routine maintenance
must be performed while a process with a vent subject to Sec.
63.1254(a)(3) will be operating.
(g) Periodic reports. An owner or operator shall prepare Periodic
reports in accordance with paragraphs (g)(1) and (2) of this section and
submit them to the Administrator.
(1) Submittal schedule. Except as provided in paragraphs (g)(1)(i),
(ii), and (iii) of this section, an owner or operator shall submit
Periodic reports semiannually. The first report shall be submitted no
later than 240 days after the Notification of Compliance Status is due
and shall cover the 6-month period beginning on the date the
Notification of Compliance Status is due. Each subsequent Periodic
report shall cover the 6-month period following the preceding period.
(i) When the Administrator determines on a case-by-case basis that
more frequent reporting is necessary to accurately assess the compliance
status of the affected source; or
(ii) Quarterly reports shall be submitted when the source
experiences an exceedance of a temperature limit monitored according to
the provisions of Sec. 63.1258(b)(1)(iii) or an exceedance of the
outlet concentration monitored according to the provisions of Sec.
63.1258(b)(1)(x) or (b)(5). Once an affected source reports quarterly,
the affected source shall follow a quarterly reporting format until a
request to reduce reporting frequency is approved. If an owner or
operator submits a request to reduce the frequency of reporting, the
provisions in Sec. 63.10(e)(3)(ii) and (iii) shall apply, except that
the phrase ``excess emissions and continuous monitoring system
performance report and/or summary report'' shall mean ``Periodic
report'' for the purposes of this section.
(iii) When a new operating scenario has been operated since the last
report, in which case quarterly reports shall be submitted.
(2) Content of Periodic report. The owner or operator shall include
the information in paragraphs (g)(2)(i) through (vii) of this section,
as applicable.
(i) Each Periodic report must include the information in Sec.
63.10(e)(3)(vi)(A) through (I) and (K) through (M). For each continuous
monitoring system, the Periodic report must also include the information
in Sec. 63.10(e)(3)(vi)(J).
(ii) If the total duration of excess emissions, parameter
exceedances, or excursions for the reporting period is 1 percent or
greater of the total operating time for the reporting period, or the
total continuous monitoring system downtime for the reporting period is
5 percent or greater of the total operating time for the reporting
period, the Periodic report must include the information in paragraphs
(g)(2)(ii)(A) through (D) of this section.
(A) Monitoring data, including 15-minute monitoring values as well
as
[[Page 217]]
daily average values of monitored parameters, for all operating days
when the average values were outside the ranges established in the
Notification of Compliance Status report or operating permit.
(B) Duration of excursions, as defined in Sec. 63.1258(b)(7).
(C) Operating logs and operating scenarios for all operating
scenarios for all operating days when the values are outside the levels
established in the Notification of Compliance Status report or operating
permit.
(D) When a continuous monitoring system is used, the information
required in Sec. 63.10(c)(5) through (13).
(iii) For each inspection conducted in accordance with Sec.
63.1258(h)(2) or (3) during which a leak is detected, the records
specified in Sec. 63.1259(i)(7) must be included in the next Periodic
report.
(iv) For each vapor collection system or closed vent system with a
bypass line subject to Sec. 63.1252(b)(1), records required under Sec.
63.1259(i)(6)(i) of all periods when the vent stream is diverted from
the control device through a bypass line. For each vapor collection
system or closed vent system with a bypass line subject to Sec.
63.1252(b)(2), records required under Sec. 63.1259(i)(6)(ii) 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.
(v) The information in paragraphs (g)(2)(v)(A) through (D) of this
section shall be stated in the Periodic report, when applicable.
(A) No excess emissions.
(B) No exceedances of a parameter.
(C) No excursions.
(D) No continuous monitoring system has been inoperative, out of
control, repaired, or adjusted.
(vi) The information specified in paragraphs (g)(2)(vi)(A) through
(C) for periods of planned routine maintenance.
(A) For each storage tank subject to control requirements, periods
of planned routine maintenance during which the control device does not
meet the specifications of Sec. 63.1253(b) through (d).
(B) For a CCCD subject to Sec. 63.1252(h), periods of planned
routine maintenance during the current reporting period and anticipated
periods of planned routine maintenance during the next reporting period.
(C) Rationale for why planned routine maintenance of a CCCD subject
to Sec. 63.1252(h) must be performed while a process with a vent
subject to Sec. 63.1254(a)(3) will be operating, if applicable. This
requirement applies only if the rationale is not in, or differs from
that in, the Notification of Compliance Status report.
(vii) Each new operating scenario which has been operated since the
time period covered by the last Periodic report. For each new operating
scenario, the owner or operator shall provide verification that the
operating conditions for any associated control or treatment device have
not been exceeded, and that any required calculations and engineering
analyses have been performed. For the initial Periodic report, each
operating scenario for each process operated since the due date of the
Notification of Compliance Status Report shall be submitted.
(viii) If the owner or operator elects to comply with the provisions
of Sec. 63.1253(b) or (c) by installing a floating roof, the owner or
operator shall submit the information specified in Sec. 63.122(d)
through (f) as applicable. References to Sec. 63.152 from Sec. 63.122
shall not apply for the purposes of this subpart.
(h) Notification of process change. (1) Except as specified in
paragraph (h)(2) of this section, 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 the
information specified in paragraphs (h)(1)(i) through (iv) of this
section with the next Periodic report required under paragraph (g) of
this section.
(i) A brief description of the process change.
(ii) A description of any modifications to standard procedures or
quality assurance procedures.
(iii) Revisions to any of the information reported in the original
Notification of Compliance Status Report under paragraph (f) of this
section.
(iv) Information required by the Notification of Compliance Status
Report under paragraph (f) of this section for
[[Page 218]]
changes involving the addition of processes or equipment.
(2) An owner or operator must submit a report 60 days before the
scheduled implementation date of either of the following:
(i) Any change in the activity covered by the Precompliance report.
(ii) A change in the status of a control device from small to large.
(i) The owner or operator shall submit a report of 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. 63.1250(g)(3), including actions taken to correct a
malfunction. The report shall be submitted on the same schedule as the
periodic reports required under paragraph (g) of this section.
(j) Reports of LDAR programs. The owner or operator of any affected
source implementing the LDAR program specified in Sec. 63.1255 of this
subpart shall implement the reporting requirements in Sec. 63.1255 of
this subpart. Copies of all reports shall be retained as records for a
period of 5 years, in accordance with the requirements of Sec.
63.10(b)(1).
(k) Reports of emissions averaging. The owner or operator of any
affected source that chooses to comply with the requirements of Sec.
63.1252(d) shall submit the implementation plan described in Sec.
63.1259(e) 6 months prior to the compliance date of the standard and the
following information in the periodic reports:
(1) The records specified in Sec. 63.1259(e) for each process or
storage tank included in the emissions average;
(2) All information as specified in paragraph (g) of this section
for each process or storage tank included in the emissions average;
(3) Any changes of the processes or storage tanks included in the
average.
(4) The calculation of the overall percent reduction efficiency for
the reporting period.
(5) Changes to the Implementation Plan which affect the calculation
methodology of uncontrolled or controlled emissions or the hazard or
risk equivalency determination.
(6) Every second semiannual or fourth quarterly report, as
appropriate, shall include the results according to Sec. 63.1259(e)(4)
to demonstrate the emissions averaging provisions of Sec. Sec.
63.1252(d), 63.1257(g) and (h), 63.1258(f), and 63.1259(f) are
satisfied.
(l) Notification of performance test and test plan. The owner or
operator of an affected source shall notify the Administrator of the
planned date of a performance test at least 60 days before the test in
accordance with Sec. 63.7(b). The owner or operator also must submit
the test plan required by Sec. 63.7(c) and the emission profile
required by 63.1257(b)(8)(ii) with the notification of the performance
test.
(m) Request for extension of compliance. An owner or operator may
submit to the Administrator a request for an extension of compliance in
accordance with Sec. 63.1250(f)(4).
(n)(1) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec. 63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using the
ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
(2) All reports required by this subpart not subject to the
requirements in paragraphs (n)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (n)(1) of this section in paper format.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000;
66 FR 40135, Aug. 2, 2001; 76 FR 22601, Apr. 21, 2011]
[[Page 219]]
Sec. 63.1261 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1250 and 63.1252 through 63.1256. 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 37356, June 23, 2003]
Sec. Table 1 to Subpart GGG of Part 63--General Provisions Applicability
to Subpart GGG
----------------------------------------------------------------------------------------------------------------
Applies to subpart
General provisions reference Summary of requirements GGG Comments
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................ General applicability of Yes.................. Additional terms defined
the General Provisions. in Sec. 63.1251; when
overlap between subparts
A and GGG of this part,
subpart GGG takes
precedence.
63.1(a)(2-7)...................... .......................... Yes .........................
63.1(a)(8)........................ .......................... No................... Discusses state programs.
63.1(a)(9-14)..................... .......................... Yes .........................
63.1(b)(1)........................ Initial applicability Yes.................. Subpart GGG clarifies the
determination. applicability in Sec.
63.1250.
63.1(b)(2)........................ Title V operating permit-- Yes.................. All major affected
see part 70. sources are required to
obtain a title V permit.
63.1(b)(3)........................ Record of the Yes.................. All affected sources are
applicability subject to subpart GGG
determination. according to the
applicability definition
of subpart GGG.
63.1(c)(1)........................ Applicability after Yes.................. Subpart GGG clarifies the
standards are set. applicability of each
paragraph of subpart A
to sources subject to
subpart GGG.
63.1(c)(2)........................ Title V permit requirement No................... All major affected
sources are required to
obtain a title V permit.
Area sources are not
subject to subpart GGG.
63.1(c)(3)........................ Reserved ..................... .........................
63.1(c)(4)........................ Requirements for existing Yes .........................
source that obtains an
extension of compliance.
Sec. 63.1(c)(5)................. Notification requirements Yes .........................
for an area source that
increases HAP emissions
to major source levels.
63.1(d)........................... [Reserved]................ NA
63.1(e)........................... Applicability of permit Yes
program before a relevant
standard has been set.
63.2.............................. Definitions............... Yes.................. Additional terms defined
in Sec. 63.1251; when
overlap between subparts
A and GGG of this part
occurs, subpart GGG
takes precedence.
63.3.............................. Units and abbreviations... Yes.................. Other units used in
subpart GGG are defined
in that subpart.
[[Page 220]]
63.4.............................. Prohibited activities..... Yes
63.5(a)........................... Construction and Yes.................. Except replace the terms
reconstruction--applicabi ``source'' and
lity. ``stationary source''
with ``affected
source''.
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.................. Except for changes and
reconstruction. additions authorized
under Sec. 52.2454 of
this title. However, the
requirement to submit
the Precompliance report
at least 90 days before
the compliance date
still applies.
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 approval Yes.................. Except for certain
of construction/ provisions identified in
reconstruction. 63.1259(a)(5)
Sec. 63.5(e).................... Construction/ Yes .........................
reconstruction approval.
63.5(f)........................... Construction/ Yes.................. Except replace ``source''
reconstruction approval with ``affected
based on prior State source''.
review..
63.6(a)(1)........................ Compliance with standards Yes
and maintenance
requirements.
63.6(a)(2)........................ Requirements for area Yes
source that increases
emissions to become major.
63.6(b)(1-2)...................... Compliance dates for new No................... Subpart GGG specifies
and reconstructed sources. compliance dates.
63.6(b)(3-6)...................... Compliance dates for area Yes
sources that become major
sources.
63.6 (b)(7)....................... Compliance dates for new No................... Subpart GGG specifies NS
sources resulting from applicability and
new unaffected area compliance dates
sources becoming subject
to standards.
63.6(c)........................... Compliance dates for Yes.................. Except replace ``source''
existing sources. with ``affected
source''. Subpart GGG
specifies compliance
dates.
Sec. 63.6(e)(1)(i).............. Requirements during No................... See 63.1250(g)(3) for
periods of startup, general duty
shutdown, and malfunction. 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
63.1250(g)(3).
Sec. 63.6(e)(1)(ii)............. Malfunction correction No.
requirements.
Sec. 63.6(e)(1)(iii)............ Enforceability of Yes.
operation and maintenance
requirements.
Sec. 63.6(e)(2)................. Reserved.................. No................... Section reserved.
Sec. 63.6(e)(3)................. Startup, shutdown, and No.
malfunction plan
requirements.
63.6(f)(1)........................ Applicability of No.
nonopacity emission
standards.
63.6(f)(2)-(3).................... Methods of determining Yes.
compliance and findings
compliance.
63.6(g)........................... Use of an alternative Yes.
nonopacity emission
standard.
63.6(h)........................... Opacity and visible No................... Subpart GGG does not
emission standards. contain any opacity or
visible emission
standards.
Sec. 63.6(i)(1) through (7)..... Requests for compliance No................... Sec. 63.1250(f)(6)
extensions. specifies provisions for
compliance extensions.
Sec. 63.6(i)(8) through (14).... Approval of compliance Yes.................. Except references to Sec.
extensions. 63.6(i)(4) through (6)
mean Sec.
63.1250(f)(6).
63.6(j)........................... Exemption from compliance Yes
with emission standards.
63.7(a)(1)........................ Performance testing Yes.................. Subpart GGG also
requirements. specifies required
testing and compliance
procedures.
63.7(a)(2)(i)-(ix)................ .......................... Yes.................. Except substitute ``150
days'' instead of ``180
days.''
63.7(a)(3)........................ .......................... Yes
63.7(b)(1)........................ Notification of Yes
performance test.
63.7(b)(2)........................ Notification of delay in Yes
conducting a scheduled
performance test.
[[Page 221]]
63.7(c)........................... Quality assurance program. Yes.................. Except that the test plan
must be submitted with
the notification of the
performance test.
63.7(d)........................... Performance testing Yes.................. Except replace ``source''
facilities.. with ``affected
source''.
63.7(e)(1)........................ Conduct of performance No................... See 63.1257(a) text. Any
tests. cross-reference to
63.7(e)(1) in any other
general provision
incorporated by
reference shall be
treated as a cross-
reference to 63.1257(a).
63.7(e)(2)-(4).................... Performance tests Yes.
requirements.
63.7(f)........................... Use of alternative test Yes
method.
63.7(g)........................... Data analysis, Yes
recordkeeping, and
reporting.
63.7(h)........................... Waiver of performance Yes
tests.
63.8(a)........................... Monitoring requirements... Yes.................. See Sec. 63.1258.
63.8(b)(1)........................ Conduct of monitoring..... Yes
63.8(b)(2)........................ CMS and combined effluents No................... Sec. 63.1258 of subpart
GGG provides specific
CMS requirements.
63.8(b)(3)-(c)(4)................. CMS requirements.......... Yes.................. Sec. 63.1259 also
specifies recordkeeping
for CMS.
63.8(c)(5)........................ COMS operation No...................
requirements.
63.8(c)(6)-(8).................... CMS calibration and No................... Calibration procedures
malfunction provisions. are provided in Sec.
63.1258.
63.8(d)(1)-(2).................... CMS quality control Yes.
program requirements.
63.8(d)(3)........................ CMS quality control Yes, except for last
program recordkeeping sentence.
requirements.
63.8(e)(1)........................ Performance evaluations of Yes
CMS.
63.8(e)(2)........................ Notification of Yes .........................
performance evaluation.
63.8(e)(3-4)...................... CMS requirements/ Yes .........................
alternatives.
Sec. 63.8(e)(5)(i).............. Reporting performance Yes.................. See Sec. 63.1260(a).
evaluation results.
63.1260 (a).......................
63.8(e)(5)(ii).................... Results of COMS No................... Subpart GGG does not
performance evaluation. contain any opacity or
visible emission
standards.
63.8(f)-(g)....................... Alternative monitoring Yes .........................
method/reduction of
monitoring data.
63.9(a)-(d)....................... Notification requirements-- Yes.................. Sec. 63.1260 (b) also
Applicability and general specifies initial
information. notification
requirement.
63.9(e)........................... Notification of Yes.................. Sec. 63.1260 (l) also
performance test. specifies notification
requirement for
performance test.
63.9(f)........................... Notification of opacity No................... Subpart GGG does not
and visible emissions contain any opacity or
observations. visible emission
standards.
63.9(g)(1)........................ Additional notification Yes.................. Sec. 63.1260 (d) also
requirements for sources specifies notification
with CMS. requirement for
performance evaluation.
63.9(g)(2)........................ Notification of compliance No................... Subpart GGG does not
with opacity emission contain any opacity or
standard. visible emission
standards.
63.9(g)(3)........................ Notification that Yes.................. Sec. 63.1260 (d) also
criterion to continue use specifies notification
of alternative to requirement for
relative accuracy testing performance evaluation.
has been exceeded.
63.9(h)........................... Notification of compliance Yes.................. Specified in Sec.
status. 63.1260(f). Due 150 days
after compliance date.
63.9(i)........................... Adjustment to time periods Yes .........................
or postmark deadlines for
submittal and review of
required communications.
63.9(j)........................... Change in information No................... Subpart GGG specifies
provided. procedures for
notification of changes.
63.10(a).......................... Recordkeeping requirements Yes..................
63.1259...........................
63.10(b)(1)....................... Records retention......... Yes.................. Also stated in Sec.
63.1259.
63.10(b)(2)....................... Information and No................... Subpart GGG specifies
documentation to support recordkeeping
notifications. requirements.
63.10(b)(3)....................... Records retention for Yes.................. Also stated in Sec.
sources not subject to 63.1259 (a)(2).
relevant standard.
63.10(c)(1)-(9)................... Additional recordkeeping Yes.
requirements for sources
with continuous
monitoring systems.
63.10(c)(10)...................... Malfunction recordkeeping No................... Subpart GGG specifies
requirement. recordkeeping
requirements.
63.10(c)(11)...................... Malfunction corrective No................... Subpart GGG specifies
action recordkeeping recordkeeping
requirement. requirements.
[[Page 222]]
63.10(c)(12)-(14)................. Additional recordkeeping Yes.
requirements for sources
with continuous
monitoring systems.
63.10(c)(15)...................... Additional SSM No.
recordkeeping
requirements.
63.10(d)(1)-(2)................... General reporting Yes.
requirements.
63.10(d)(3)....................... Reporting results of No................... Subpart GGG does not
opacity or visible include any opacity or
emissions observations. visible emission
standards.
63.10(d)(4)....................... Progress report Yes.
requirements.
63.10(d)(5)....................... Startup, shutdown, and No................... Subpart GGG specifies
malfunction report reporting requirements.
requirements.
63.10(e).......................... Additional CMS reporting Yes..................
requirements.
63.10(f).......................... Waiver of recordkeeping or Yes..................
reporting requirements..
63.11............................. Control device and Yes..................
equipment leak work
practice requirements.
63.13............................. Addresses of State air Yes..................
pollution control
agencies.
63.14............................. Incorporations by Yes..................
reference.
63.15............................. Availability of Yes..................
information and
confidentiality.
----------------------------------------------------------------------------------------------------------------
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000;
66 FR 40136, Aug. 2, 2001; 73 FR 78213, Dec. 22, 2008; 76 FR 22601, Apr.
21, 2011]
Sec. Table 2 to Subpart GGG of Part 63--Partially Soluble HAP
------------------------------------------------------------------------
------------------------------------------------------------------------
1,1,1-Trichloroethane (methyl Chloroform
chloroform).
1,1,2,2-Tetrachloroethane.............. Chloromethane
1,1,2-Trichloroethane.................. Chloroprene
1,1-Dichloroethylene (vinylidene Cumene
chloride).
1,2-Dibromoethane...................... Dichloroethyl ether
1,2-Dichloroethane (ethylene Dinitrophenol
dichloride).
1,2-Dichloropropane.................... Epichlorohydrin
1,3-Dichloropropene.................... Ethyl acrylate
2,4,5-Trichlorophenol.................. Ethylbenzene
2-Butanone (mek)....................... Ethylene oxide
1,4-Dichlorobenzene.................... Hexachlorobenzene
2-Nitropropane......................... Hexachlorobutadiene
4-Methyl-2-pentanone (MIBK)............ Hexachloroethane
Acetaldehyde........................... Methyl methacrylate
Acrolein............................... Methyl-t-butyl ether
Acrylonitrile.......................... Methylene chloride
Allyl chloride......................... N,N-dimethylaniline
Benzene................................ Propionaldehyde
Benzyl chloride........................ Propylene oxide
Biphenyl............................... Styrene
Bromoform (tribromomethane)............ Tetrachloroethene
(perchloroethylene)
Bromomethane........................... Tetrachloromethane (carbon
tetrachloride
Butadiene.............................. Toluene
Carbon disulfide....................... Trichlorobenzene (1,2,4-)
Chlorobenzene.......................... Trichloroethylene
Chloroethane (ethyl chloride).......... Trimethylpentane
Vinyl acetate.......................... Xylene (p)
Vinyl chloride......................... N-hexane
Xylene (m).............................
Xylene (o).............................
------------------------------------------------------------------------
[66 FR 40136, Aug. 2, 2001]
Sec. Table 3 to Subpart GGG of Part 63--Soluble HAP
------------------------------------------------------------------------
Compound
-------------------------------------------------------------------------
1,1-Dimethylhydrazine.
1,4-Dioxane.
Acetonitrile.
Acetophenone.
Diethyl sulfate.
Dimethyl sulfate.
Dinitrotoluene.
Ethylene glycol dimethyl ether.
Ethylene glycol monobutyl ether acetate.
[[Page 223]]
Ethylene glycol monomethyl ether acetate.
Isophorone.
Methanol (methyl alcohol).
Nitrobenzene.
Toluidene.
Triethylamine.
------------------------------------------------------------------------
[66 FR 40137, Aug. 2, 2001]
Sec. Table 4 to Subpart GGG of Part 63--Monitoring Requirements for
Control Devices \a\
----------------------------------------------------------------------------------------------------------------
Monitoring equipment Parameters to be
Control device required monitored Frequency
----------------------------------------------------------------------------------------------------------------
All control devices.................. 1. Flow indicator 1. Presence of flow Hourly records of
installed at all diverted from the whether the flow
bypass lines to the control device to the indicator was
atmosphere and atmosphere or. operating and whether
equipped with a diversion was
continuous recorder or. detected at any time
during each hour.
2. Valves sealed closed 2. Monthly inspections Monthly.
with car-seal or lock- of sealed valves.
and-key configuration.
Scrubber............................. Liquid flow rate or 1. Liquid flow rate 1. Every 15 minutes.
pressure drop mounting into or out of the
device. Also a pH scrubber or the
monitor if the pressure drop across
scrubber is used to the scrubber.
control acid emissions.
2. pH of effluent 2. Once a day.
scrubber liquid.
Thermal incinerator.................. Temperature monitoring Firebox temperature.... Every 15 minutes.
device installed in
firebox or in ductwork
immediately downstream
of firebox \b\.
Catalytic incinerator................ Temperature monitoring Temperature difference Every 15 minutes.
device installed in across catalyst bed.
gas stream immediately
before and after
catalyst bed.
Flare................................ Heat sensing device Presence of a flame at Every 15 minutes.
installed at the pilot the pilot light.
light.
Boiler or process heater <44 mega Temperature monitoring Combustion temperature. Every 15 minutes.
watts and vent stream is not mixed device installed in
with the primary fuel. firebox \b\.
Condenser............................ Temperature monitoring Condenser exit (product Every 15 minutes.
device installed at side) temperature.
condenser exit.
Carbon adsorber (nonregenerative).... None................... Operating time since N/A.
last replacement.
Carbon adsorber (regenerative)....... Stream flow monitoring 1. Total regeneration 1. For each
device, and. stream mass or regeneration cycle,
volumetric flow during record the total
carbon bed regeneration stream
regeneration cycle(s). mass or volumetric
flow.
Carbon bed temperature 2. Temperature of 2. For each
monitoring device. carbon bed after regeneration cycle,
regeneration. record the maximum
carbon bed-
temperature.
3. Temperature of 3. Within 15 minutes of
carbon bed within 15 completing any cooling
minutes of completing cycle, record the
any cooling cycle(s). carbon bed
temperature.
4. Operating time since 4. Operating time to be
end of last based on worst-case
regeneration. conditions.
5. Check for bed 5. Yearly.
poisoning.
----------------------------------------------------------------------------------------------------------------
\a\ As an alternative to the monitoring requirements specified in this table, the owner or operator may use a
CEM meeting the requirements of Performance Specifications 8 or 9 of appendix B of part 60 to monitor TOC
every 15 minutes.
\b\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
Sec. Table 5 to Subpart GGG of Part 63--Control Requirements for Items
of Equipment That Meet the Criteria of Sec. 63.1252(f)
------------------------------------------------------------------------
Item of equipment Control requirement \a\
------------------------------------------------------------------------
Drain or drain hub........... (a) Tightly fitting solid cover (TFSC);
or
[[Page 224]]
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) Water seal with submerged discharge
or barrier to protect discharge from
wind.
Manhole \b\.................. (a) TFSC; or
(b) TSFC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the item is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter.
Lift station................. (a) TFSC; or
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the lift station is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter. The lift station shall be
level controlled to minimize changes in
the liquid level.
Trench....................... (a) TFSC; or
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the item is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter.
Pipe......................... Each pipe shall have no visible gaps in
joints, seals, or other emission
interfaces.
Oil/Water separator.......... (a) Equip with a fixed roof and route
vapors to a process or equip with a
closed-vent system that routes vapors to
a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(b) Equip with a floating roof that meets
the equipment specifications of Sec.
60.693(a)(1)(i), (a)(1)(ii), (a)(2),
(a)(3), and (a)(4).
Tank......................... Maintain a fixed roof and consider vents
as process vents. \c\
------------------------------------------------------------------------
\a\ Where a tightly fitting solid cover is required, it shall be
maintained with no visible gaps or openings, except during periods of
sampling, inspection, or maintenance.
\b\ Manhole includes sumps and other points of access to a conveyance
system.
\c\ A fixed roof may have openings necessary for proper venting of the
tank, such as pressure/vacuum vent, j-pipe vent.
[65 FR 52616, Aug. 29, 2000]
Sec. Table 6 to Subpart GGG of Part 63--Wastewater--Compliance Options
for Wastewater Tanks
------------------------------------------------------------------------
Maximum true
Capacity, m\3\ vapor Control requirements
pressure, kPa
------------------------------------------------------------------------
<75......................... .............. Sec. 63.1256(b)(1).
75 and <151...... <13.1 Sec. 63.1256(b)(1).
13. Sec. 63.1256(b)(2).
1
151.............. <5.2 Sec. 63.1256(b)(1).
5.2 Sec. 63.1256(b)(2).
------------------------------------------------------------------------
Sec. Table 7 to Subpart GGG of Part 63--Wastewater--Inspection and
Monitoring Requirements for Waste Management Units
----------------------------------------------------------------------------------------------------------------
Inspection or Frequency of inspection
To comply with monitoring requirement or monitoring Method
----------------------------------------------------------------------------------------------------------------
TANKS:
63.1256(b)(3)(i)................. Inspect fixed roof and Initially Semiannually. Visual.
all openings for leaks.
63.1256(b)(4).................... Inspect floating roof See Sec. Sec. Visual.
in accordance with 63.120(a)(2) and
Sec. Sec. (a)(3).
63.120(a)(2) and
(a)(3).
63.1256(b)(5).................... Measure floating roof ....................... See Sec.
seal gaps in 63.120(b)(2)(i)
accordance with Sec. through (b)(4).
Sec. 63.120(b)(2)(i)
through (b)(4).
--Primary seal gaps.... Initially Once every 5 .......................
years (annually if no
secondary seal).
--Secondary seal gaps.. Initially Semiannually. .......................
63.1256(b)(7)........................ Inspect wastewater tank Initially Semiannually. Visual.
63.1256(b)(8)........................ for control equipment
failures and improper
work practices.
[[Page 225]]
SURFACE IMPOUNDMENTS:
63.1256(c)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
openings for leaks.
63.1256(c)(2).................... Inspect surface Initially Semiannually. Visual.
impoundment for
control equipment
failures and improper
work practices.
CONTAINERS:
63.1256(d)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
63.1256(d)(1)(ii)................ openings for leaks.
63.1256(d)(3)(i)................. Inspect enclosure and Initially Semiannually. Visual.
all openings for leaks.
63.1256(d)(4).................... Inspect container for Initially Semiannually. Visual.
control equipment
failures and improper
work practices.
INDIVIDUAL DRAIN SYSTEMS \a\:
63.1256(e)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
openings to ensure
there are no gaps,
cracks, or holes.
63.1256(e)(2).................... Inspect individual Initially Semiannually. Visual.
drain system for
control equipment
failures and improper
work practices.
63.1256(e)(4)(i)................. Verify that sufficient Initially Semiannually. Visual.
water is present to
properly maintain
integrity of water
seals.
63.1256(e)(4)(ii)................ Inspect all drains Initially Semiannually. Visual.
63.1256(e)(5)(i)................. using tightly-fitted
caps or plugs to
ensure caps and plugs
are in place and
properly installed.
63.1256(e)(5)(ii)................ Inspect all junction Initially Semiannually. Visual or smoke test or
boxes to ensure covers other means as
are in place and have specified.
no visible gaps,
cracks, or holes.
63.1256(e)(5)(iii)............... Inspect unburied Initially Semiannually. Visual.
portion of all sewer
lines for cracks and
gaps.
OIL-WATER SEPARATORS:
63.1256(f)(2)(i)................. Inspect fixed roof and Initially Semiannually. Visual.
all openings for leaks.
63.1256(f)(3).................... Measure floating roof Initially \b\.......... See 40 CFR
seal gaps in 60.696(d)(1).
accordance with 40 CFR
60.696(d)(1).
--Primary seal gaps.... Once every 5 years..... .......................
63.1256(f)(3).................... --Secondary seal gaps.. Initially \b\ Annually.
63.1256(f)(4).................... Inspect oil-water Initially Semiannually. Visual.
separator for control
equipment failures and
improper work
practices.
----------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec. 63.1256(e), the owner or operator shall comply with either the requirements of Sec.
63.1256(e)(1) and (2) or Sec. 63.1256(e)(4) and (5).
\b\ Within 60 days of installation as specified in Sec. 63.1256(f)(3).
Sec. Table 8 to Subpart GGG of Part 63--Fraction Measured
(Fm) for HAP Compounds in Wastewater Streams
------------------------------------------------------------------------
Chemical name CAS No. \a\ Fm
------------------------------------------------------------------------
Acetaldehyde............................ 75070 1.00
Acetonitrile............................ 75058 0.99
Acetophenone............................ 98862 0.31
Acrolein................................ 107028 1.00
Acrylonitrile........................... 107131 1.00
Allyl chloride.......................... 107051 1.00
Benzene................................. 71432 1.00
Benzyl chloride......................... 100447 1.00
Biphenyl................................ 92524 0.86
Bromoform............................... 75252 1.00
Butadiene (1,3-)........................ 106990 1.00
Carbon disulfide........................ 75150 1.00
Carbon tetrachloride.................... 56235 1.00
[[Page 226]]
Chlorobenzene........................... 108907 0.96
Chloroform.............................. 67663 1.00
Chloroprene (2-Chloro-1,3-butadiene).... 126998 1.00
Cumene.................................. 98828 1.00
Dichlorobenzene (p-1,4-)................ 106467 1.00
Dichloroethane (1,2-) (Ethylene 107062 1.00
dichloride)............................
Dichloroethylether (Bis(2-Chloroethyl 111444 0.76
ether))................................
Dichloropropene (1,3-).................. 542756 1.00
Diethyl sulfate......................... 64675 0.0025
Dimethyl sulfate........................ 77781 0.086
Dimethylaniline (N,N-).................. 121697 0.00080
Dimethylhydrazine (1,1-)................ 57147 0.38
Dinitrophenol (2,4-).................... 51285 0.0077
Dinitrotoluene (2,4-)................... 121142 0.085
Dioxane (1,4-) (1,4-Diethyleneoxide).... 123911 0.87
Epichlorohydrin(1-Chloro-2,3- 106898 0.94
epoxypropane)..........................
Ethyl acrylate.......................... 140885 1.00
Ethylbenzene............................ 100414 1.00
Ethyl chloride (Chloroethane)........... 75003 1.00
Ethylene dibromide (Dibromomethane)..... 106934 1.00
Ethylene glycol dimethyl ether.......... 110714 0.86
Ethylene glycol monobutyl ether acetate. 112072 0.043
Ethylene glycol monomethyl ether acetate 110496 0.093
Ethylene oxide.......................... 75218 1.00
Ethylidene dichloride (1,1- 75343 1.00
Dichloroethane)........................
Hexachlorobenzene....................... 118741 0.97
Hexachlorobutadiene..................... 87683 0.88
Hexachloroethane........................ 67721 0.50
Hexane.................................. 110543 1.00
Isophorone.............................. 78591 0.47
Methanol................................ 67561 0.85
Methyl bromide (Bromomethane)........... 74839 1.00
Methyl chloride (Chloromethane)......... 74873 1.00
Methyl ethyl ketone (2-Butanone)........ 78933 0.99
Methyl isobutyl ketone (Hexone)......... 108101 0.98
Methyl methacrylate..................... 80626 1.00
Methyl tert-butyl ether................. 1634044 1.00
Methylene chloride (Dichloromethane).... 75092 1.00
Naphthalene............................. 91203 0.99
Nitrobenzene............................ 98953 0.39
Nitropropane (2-)....................... 79469 0.99
Phosgene................................ 75445 1.00
Propionaldehyde......................... 123386 1.00
Propylene dichloride (1,2- 78875 1.00
Dichloropropane).......................
Propylene oxide......................... 75569 1.00
Styrene................................. 100425 1.00
Tetrachloroethane (1,1,2,2-)............ 79345 1.00
Tetrachloroethylene (Perchloroethylene). 127184 1.00
Toluene................................. 108883 1.00
Toluidine (o-).......................... 95534 0.15
Trichlorobenzene (1,2,4-)............... 120821 1.00
Trichloroethane (1,1,1-) (Methyl 71556 1.00
chloroform)............................
Trichloroethane (1,1,2-) (Vinyl 79005 0.98
Trichloride)...........................
Trichloroethylene....................... 79016 1.00
Trichlorophenol (2,4,5-)................ 95954 1.00
Triethylamine........................... 121448 1.00
Trimethylpentane (2,2,4-)............... 540841 1.00
Vinyl acetate........................... 108054 1.00
Vinyl chloride (Chloroethylene)......... 75014 1.00
Vinylidene chloride (1,1- 75354 1.00
Dichloroethylene)......................
Xylene (m-)............................. 108383 1.00
Xylene (o-)............................. 95476 1.00
Xylene (p-)............................. 106423 1.00
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
assigned to specific compounds, isomers, or mixtures of compounds.
Sec. Table 9 to Subpart GGG of Part 63--Default Biorates for Soluble HAP
------------------------------------------------------------------------
Biorate (K1), L/
Compound name g MLVSS-hr
------------------------------------------------------------------------
Acetonitrile........................................... 0.100
Acetophenone........................................... 0.538
Diethyl sulfate........................................ 0.105
[[Page 227]]
Dimethyl hydrazine(1,1)................................ 0.227
Dimethyl sulfate....................................... 0.178
Dinitrotoluene(2,4).................................... 0.784
Dioxane(1,4)........................................... 0.393
Ethylene glycol dimethyl ether......................... 0.364
Ethylene glycol monobutyl ether acetate................ 0.496
Ethylene glycol monomethyl ether acetate............... 0.159
Isophorone............................................. 0.598
Methanol............................................... \a\
Nitrobenzene........................................... 2.300
Toluidine (-0)......................................... 0.859
Triethylamine.......................................... 1.064
------------------------------------------------------------------------
\a\ For direct dischargers, the default biorate for methanol is 3.5 L/g
MLVSS-hr; for indirect dischargers, the default biorate for methanol
is 0.2 L/g MLVSS-hr.
[66 FR 40137, Aug. 2, 2001]
Subpart HHH_National Emission Standards for Hazardous Air Pollutants
From Natural Gas Transmission and Storage Facilities
Source: 64 FR 32648, June 17, 1999, unless otherwise noted.
Sec. 63.1270 Applicability and designation of affected source.
(a) This subpart applies to owners and operators of natural gas
transmission and storage facilities that transport or store natural gas
prior to entering the pipeline to a local distribution company or to a
final end user (if there is no local distribution company), and that are
major sources of hazardous air pollutants (HAP) emissions as defined in
Sec. 63.1271. Emissions for major source determination purposes can be
estimated using the maximum natural gas throughput calculated in either
paragraph (a)(1) or (2) of this section and paragraphs (a)(3) and (4) of
this section. As an alternative to calculating the maximum natural gas
throughput, the owner or operator of a new or existing source may use
the facility design maximum natural gas 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 compressor station that transports natural gas
prior to the point of custody transfer or to a natural gas processing
plant (if present) is not considered a part of the natural gas
transmission and storage source category. A facility that is determined
to be an area source, but subsequently increases its emissions or its
potential to emit above the major source levels (without obtaining and
complying with other limitations that keep its potential to emit HAP
below major source levels), and becomes a major source, must comply
thereafter with all applicable provisions of this subpart starting on
the applicable compliance date specified in paragraph (d) 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.
(1) Facilities that store natural gas or facilities that transport
and store natural gas shall calculate maximum annual facility natural
gas throughput using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN01.026
Where:
Throughput = Maximum annual facilitywide natural gas throughput in cubic
meters per year.
IR max = Maximum facility injection rate in cubic meters per
hour.
WR max = Maximum facility withdrawal rate in cubic meters per
hour.
8,760 = Maximum hours of operation per year.
[[Page 228]]
(i)-(iii) [Reserved]
(2) Facilities that only transport natural gas shall calculate the
maximum natural gas throughput as the highest annual natural gas
throughput over the 5 years prior to June 17, 1999, multiplied by a
factor of 1.2.
(3) The owner or operator shall maintain records of the annual
facility natural gas throughput each year and upon request, submit such
records to the Administrator. If the facility annual natural gas
throughput increases above the maximum natural gas throughput calculated
in paragraph (a)(1) or (a)(2) of this section, the maximum natural gas
throughput must be recalculated using the higher throughput multiplied
by a factor of 1.2.
(4) The owner or operator shall determine the maximum values for
other parameters used to calculate potential emissions as the maximum
over the same period for which maximum throughput is determined as
specified in paragraph (a)(1) or (a)(2) of this section. These
parameters shall be based on an annual average or the highest single
measured value. 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.
(b) The affected source is each new and existing glycol dehydration
unit specified in paragraphs (b)(1) through (3) of this section.
(1) Each large glycol dehydration unit;
(2) Each small glycol dehydration unit for which construction
commenced on or before August 23, 2011, is an existing small glycol
dehydration unit.
(3) Each small glycol dehydration unit for which construction
commenced after August 23, 2011, is a new small glycol dehydration unit.
(c) The owner or operator of a facility that does not contain an
affected source, as specified in paragraph (b) of this section, is not
subject to the requirements of this subpart.
(d) The owner or operator of each affected source shall achieve
compliance with the provisions of this subpart by the following dates:
(1) Except as specified in paragraphs (d)(3) through (4) of this
section, the owner or operator of an affected source, the construction
or reconstruction of which commenced before February 6, 1998, shall
achieve compliance with this provisions of the 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 (d)(3) through (4) of this
section, the owner or operator of an affected source, the construction
or reconstruction of which commences on or after February 6, 1998, shall
achieve compliance with the provisions of this subpart immediately upon
initial startup or June 17, 1999, whichever date is later. Area sources,
the construction or reconstruction of which commences on or after
February 6, 1998, that become major sources shall comply with the
provisions of this standard immediately upon becoming a major source.
(3) Each affected small glycol dehydration unit, as defined in Sec.
63.1271, located at a major source, that commenced construction before
August 23, 2011, must achieve compliance no later than October 15, 2015,
except as provided in Sec. 63.6(i).
(4) Each affected small glycol dehydration unit, as defined in Sec.
63.1271, 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.
(e) 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 permitting
requirements.
(f) Exemptions. A facility with a facilitywide actual annual average
natural gas throughput less than 28.3 thousand standard cubic meters per
day,
[[Page 229]]
where glycol dehydration units are the only HAP emission source, is not
subject to the requirements of this subpart. Records shall be maintained
as required in Sec. 63.10(b)(3).
[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001;
66 FR 49300, Sept. 27, 2001; 67 FR 8204, Feb. 22, 2002; 77 FR 49584,
Aug. 16, 2012]
Sec. 63.1271 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Clean Air 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.
Boiler means an enclosed device using controlled flame combustion
and having the primary purpose of recovering and exporting thermal
energy in the form of steam or hot water. Boiler also means any
industrial furnace as defined in 40 CFR 260.10.
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.
Compressor station means any permanent combination of compressors
that move natural gas at increased pressure from fields, in transmission
pipelines, or into storage.
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 absorbers, 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 a closed-vent system.
Custody transfer means the transfer of natural gas after processing
and/or treatment in the production operations to pipelines or any other
forms of transportation.
Facility means any grouping of equipment where natural gas is
processed, compressed, or stored prior to entering a pipeline to a local
distribution company or (if there is no local distribution company) to a
final end user. Examples of a facility for this source category are: an
underground natural gas storage operation; or a natural gas compressor
station that receives natural gas via pipeline, from an underground
natural gas storage operation, or from a natural gas processing plant.
The emission points associated with these phases include, but are not
limited to, process vents. Processes that may have vents include, but
are not limited to, dehydration and compressor station engines.
Facility, for the purpose of a major source determination, means
natural gas transmission and storage equipment that is located inside
the boundaries of an individual surface site (as defined in this
section) and is connected by ancillary equipment, such as gas flow lines
or power lines. Equipment that is part of a facility will typically be
located within close proximity to other equipment located at the same
facility. Natural gas transmission and storage equipment or groupings of
[[Page 230]]
equipment located on different gas leases, mineral fee tracts, lease
tracts, subsurface unit areas, surface fee tracts, or surface lease
tracts shall not be considered part of the same facility.
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.
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 dehydration 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, glycol dehydration unit 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 (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.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section is not
physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. The above energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Initial 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
283.0 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. 63.1282(a). A glycol dehydration unit complying with
the 0.9 Mg/yr control option under 63.1275(b)(1)(ii) is considered to be
a large dehydrator.
[[Page 231]]
Major source, as used in this subpart, shall have the same meaning
as in Sec. 63.2, except that:
(1) Emissions from any pipeline compressor station or pump station
shall not be aggregated with emissions from other similar units, whether
or not such units are in a contiguous area or under common control; and
(2) Emissions from processes, operations, and equipment that are not
part of the same facility, as defined in this section, shall not be
aggregated.
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 transmission means the pipelines used for the long
distance transport of natural gas (excluding processing). Specific
equipment used in natural gas transmission includes the land, mains,
valves, meters, boosters, regulators, storage vessels, dehydrators,
compressors, and their driving units and appurtenances, and equipment
used for transporting gas from a production plant, delivery point of
purchased gas, gathering system, storage area, or other wholesale source
of gas to one or more distribution area(s).
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. 63.1282(b); 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. 63.1282 (e) and (f).
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) .
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
[[Page 232]]
(ii) The designated representative for any other purposes under part
70.
Safety device means a device that meets both of the following
conditions: the device 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 the device 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 283.0 thousand standard cubic meters per day or
actual annual average benzene emissions less than 0.90 Mg/yr, determined
according to Sec. 63.1282(a).
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, produced water, or other liquid, and is constructed
primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) that provide structural support.
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.
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.
Underground storage means the subsurface facilities utilized for
storing natural gas that has been transferred from its original location
for the primary purpose of load balancing, which is the process of
equalizing the receipt and delivery of natural gas. Processes and
operations that may be located at an underground storage facility
include, but are not limited to, compression and dehydration.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001;
77 FR 49585, Aug. 16, 2012]
Sec. 63.1272 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 at Sec. 63.2. Appropriate penalties may be
assessed; however, if you fail to meet your burden of proving all of the
requirements in the affirmative defense, the affirmative defense shall
not be available for claims for injunctive relief.
(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
[[Page 233]]
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
(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 49585, Aug. 16, 2012]
Sec. 63.1273 [Reserved]
Sec. 63.1274 General standards.
(a) Table 2 of this subpart specifies the provisions of subpart A
(General Provisions) that apply and those that do not apply to owners
and operators of affected sources subject to this subpart.
(b) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. Reports
may be submitted on electronic media.
(c) The owner or operator of an affected source (i.e., glycol
dehydration unit) located at an existing or new major source of HAP
emissions shall comply with the requirements in this subpart as follows:
(1) The control requirements for glycol dehydration unit process
vents specified in Sec. 63.1275;
(2) The monitoring requirements specified in Sec. 63.1283, and
(3) The recordkeeping and reporting requirements specified in
Sec. Sec. 63.1284 and 63.1285.
(d) [Reserved]
(e) Each owner or operator of a major HAP 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 Administrator has
approved a State operating permit program under part 70, the permit
shall be obtained from the State authority. If a State operating
[[Page 234]]
permit program has not been approved, the owner or operator shall apply
to the EPA Regional Office pursuant to part 71.
(f) [Reserved]
(g) 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.
(h) 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 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001;
77 FR 49586, Aug. 16, 2012]
Sec. 63.1275 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
paragraph (c)(1) of Sec. 63.1274.
(b) Except as provided in paragraph (c) of this section, an owner or
operator of a glycol dehydration unit process vent shall comply with the
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
(1) For each glycol dehydration unit process vent, the owner or
operator shall control air emissions by either paragraph (b)(1)(i) or
(iii) of this section.
(i) The owner or operator of a large glycol dehydration unit, as
defined in Sec. 63.1271, 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. 63.1281(c). The control device(s) shall be
designed and operated in accordance with the requirements of Sec.
63.1281(d).
(ii) The owner or operator of a large glycol dehydration unit shall
connect the process vent to a control device or a combination of control
devices through a closed-vent system and the outlet benzene emissions
from the control device(s) shall be less than 0.90 megagrams per year.
The closed-vent system shall be designed and operated in accordance with
the requirements of Sec. 63.1281(c). The control device(s) shall be
designed and operated in accordance with the requirements of Sec.
63.1281(d), except that the performance requirements specified in Sec.
63.1281(d)(1)(i) and (ii) do not apply.
(iii) You must limit BTEX emissions from each existing small glycol
dehydration unit, as defined in Sec. 63.1271, to the limit determined
in Equation 1 of this section. You must limit BTEX emissions from each
new small glycol dehydration unit process vent, as defined in Sec.
63.1271, to the limit determined in Equation 2 of this section. The
limits determined using Equation 1 or Equation 2, of this section, 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] TR16AU12.012
[[Page 235]]
Where:
ELBTEX = Unit-specific BTEX emission limit, megagrams per
year;
3.10 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 = Annual average BTEX concentration of the natural
gas at the inlet to the glycol dehydration unit, ppmv.
[GRAPHIC] [TIFF OMITTED] TR16AU12.013
Where:
ELBTEX = Unit-specific BTEX emission limit, megagrams per
year;
5.44 x 10-5 = BTEX emission limit, grams BTEX/standard cubic
meter-ppmv;
Throughput = Annual average daily natural gas throughput, standard cubic
meters per day;
Ci,BTEX = Annual average 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. 63.1281(c). The control device(s) shall be designed and operated
in accordance with the requirements of Sec. 63.1281(f).
(B) Meet the emissions limit through process modifications in
accordance with the requirements specified in Sec. 63.1281(e).
(C) Meet the emission 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. 63.1281(e) and emissions in accordance with the requirements
specified in Sec. 63.1282(a)(3).
(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 following:
(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. 63.1281(e).
(3) Control of HAP emissions from a GCG separator (flash tank) vent
is not required if the owner or operator demonstrates, to the
Administrator's satisfaction, that total emissions to the atmosphere
from the glycol dehydration unit process vent are reduced by one of the
levels specified in paragraph (c)(3)(i) through (iv) 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 in
Equation 1 of paragraph (b)(1)(iii) of this section.
[[Page 236]]
(iv) For each new small glycol dehydration unit, BTEX emissions are
reduced to a level less than the limit calculated in Equation 2 of
paragraph (b)(1)(iii) of this section.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001;
77 FR 49586, Aug. 16, 2012]
Sec. Sec. 63.1276-63.1280 [Reserved]
Sec. 63.1281 Control equipment requirements.
(a) This section applies to each 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 (c) and (d) of this section will be determined by review of
the records required by Sec. 63.1284, the reports required by Sec.
63.1285, by review of performance test results, and by inspections.
(b) [Reserved]
(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 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. 63.1282(d);
(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. 63.1282(d); or
(C) Operates at a minimum temperature of 760 degrees C, provided the
control device has demonstrated, under Sec. 63.1282(d), 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
[[Page 237]]
by 95.0 percent by weight or greater as determined in accordance with
the requirements of Sec. 63.1282(d).
(iii) A flare, as defined in Sec. 63.1271, 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 by following the procedures specified in Sec. 63.1282(d).
(4) The owner or operator shall operate each control device in
accordance with the requirements specified in paragraphs (d)(4)(i) and
(ii) of this section.
(i) Each control device used to comply with this subpart shall be
operating at all times when gases, vapors, and fumes are vented from the
emissions unit or units through the closed vent system to the control
device as required under Sec. 63.1275. 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. 63.1283(d), the owner or operator shall
demonstrate compliance according to the requirements of Sec.
63.1282(e), or (f) 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. 63.1284(b)(7)(ix). The schedule
for replacement shall be submitted with the Notification of Compliance
Status Report as specified in Sec. 63.1285(d)(4)(iv). Each carbon
replacement must be reported in the Periodic Reports as specified in
Sec. 63.1285(e)(2)(xi).
(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 organic 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. 63.1275(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. 63.1271). Records of glycol
dehydration unit baseline operations shall be retained as required under
Sec. 63.1284(b)(9).
(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
[[Page 238]]
percent overall HAP emission reduction, or BTEX limit determined in
Sec. 63.1275(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. 63.1275(b)(1)(iii) for the small glycol dehydration
unit process vent. Only modifications in glycol dehydration unit
operations directly related to process changes, including but not
limited to changes in glycol circulation rate or glycol-HAP absorbency,
shall be allowed. Changes in the inlet gas characteristics or natural
gas throughput rate shall not be considered in determining the overall
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.
63.1275(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. 63.1275(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 (e)(3)(ii) of this
section.
(i) The owner or operator shall maintain records, as required in
Sec. 63.1284(b)(10), 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. 63.1275(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.
63.1282(d).
(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. 63.1282(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.
63.1282(d).
(iii) A flare, as defined in Sec. 63.1271, 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. 63.1283(d), the owner or operator shall
demonstrate compliance according to the requirements of either Sec.
63.1282(e) or (h).
(3) For each carbon adsorption system used as a control device to
meet
[[Page 239]]
the requirements of paragraph (f)(1) of this section, the owner or
operator shall manage the carbon as required under (d)(5)(i) and (ii) of
this section.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001;
68 FR 37357, June 23, 2003; 77 FR 49587, Aug. 16, 2012]
Sec. 63.1282 Test methods, compliance procedures, and compliance
demonstrations.
(a) 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
(a)(1)(i) or (a)(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 the 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 (a)(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 by performing three runs of Method 18 in 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); or an equivalent method; and averaging the results of
the three runs. Annual emissions in kilograms per year shall be
determined by multiplying the mass rate by the number of hours the unit
is operated per year. This result shall be converted to megagrams per
year.
(b) No detectable emissions test procedure. (1) The 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 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 methane concentration of 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 (b)(6)(ii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of 40 CFR part 60,
[[Page 240]]
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 HAP or VOC, 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 (b)(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 (b)(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 (b)(7)(i) or (b)(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 (b)(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 (b)(5) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (b)(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 (b)(7) is less than 500 parts per million by
volume.
(c) Test procedures and compliance demonstrations for small glycol
dehydration units. This paragraph (c) 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. 63.1275(b)(1)(iii), the requirements of
paragraph (d) of this section apply. Compliance is demonstrated using
the methods specified in paragraph (e) of this section.
(2) If no control device is used to comply with the emission limit
in Sec. 63.1275(b)(1)(iii), the owner or operator must determine the
glycol dehydration unit BTEX emissions as specified in paragraphs
(c)(2)(i) through (iii) of this section. Compliance is demonstrated if
the BTEX emissions determined as specified in paragraphs (c)(2)(i)
through (iii) are less than the emission limit calculated using the
equation in Sec. 63.1275(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 (d)(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.
(d) Control device performance test procedures. This paragraph
applies to the
[[Page 241]]
performance testing of control devices. The owners or operators shall
demonstrate that a control device achieves the performance requirements
of Sec. 63.1281(d)(1), (e)(3)(ii), or (f)(1) using a performance test
as specified in paragraph (d)(3) of this section. Owners or operators
using a condenser have the option to use a design analysis as specified
in paragraph (d)(4) of this section. The owner or operator may elect to
use the alternative procedures in paragraph (d)(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 (d)(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. 63.1281(d)(1), (e)(3)(ii), or (f)(1) through a
performance test conducted by the manufacturer, as specified in
paragraph (g) 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 (d)(2) of this section, a
flare, as defined in Sec. 63.1271, 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 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. 63.1271, 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. 63.1281(d)(1), (e)(3)(ii), or
(f)(1) the owner or operator shall use the test methods and procedures
specified in paragraphs (d)(3)(i) through (v) of this section. The
initial and periodic performance tests shall be conducted according to
the schedule specified in paragraph (d)(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 specified in
paragraphs (d)(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 requirements specified in Sec.
63.1281(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. 63.1281(d)(1)(i)(B), or
the BTEX emission limit specified in Sec. 63.1275(b)(1)(iii),
[[Page 242]]
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. 63.1281(d)(1)(i)(A),
63.1281(d)(1)(ii), or 63.1281(e)(3)(ii), the owner or operator shall use
either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part
60, appendix A; or ASTM D6420-99 (incorporated by reference as specified
in Sec. 63.14), as specified in Sec. 63.772(a)(1)(ii); alternatively,
any other method or data that have been validated according to the
applicable procedures in Method 301 of appendix A of this part may be
used. The following procedures shall be used to calculate the percentage
of reduction:
(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 (d)(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 (d)(3)(iii)(B)(4) of this section.
(1) The following equations shall be used:
[GRAPHIC] [TIFF OMITTED] TR29JN01.027
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, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter)
(kilogram/gram) (minute/hour), where standard temperature is
20 [deg]C.
n = Number of components in sample.
(2) When the TOC mass rate is calculated, all organic compounds
(minus methane and ethane) measured by Method 18, of 40 CFR part 60,
appendix A; or Method 25A, 40 CFR part 60, appendix A, shall be summed
using the equations in paragraph (d)(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 (d)(3)(iii)(B)(1) of this section.
(4) As an alternative to the procedures for calculating
Ei specified in paragraph (d)(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.
[[Page 243]]
(C) The percentage of reduction in TOC (minus methane and ethane) or
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.010
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 (d)(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 (d)(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-percentage of 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. 63.1281(d)(1)(i)(B),
the owner or operator shall use either Method 18, 40 CFR part 60,
appendix A; or Method 25A, 40 CFR part 60, appendix A; or ASTM D6420-99
(Reapproved 2004) (incorporated by reference as specified in Sec.
63.14), as specified in Sec. 63.772(a)(1)(ii), to measure either TOC
(minus methane and ethane) or total HAP. Alternatively, any other method
or data that have been validated according to Method 301 of appendix A
of this part, may be used. The following procedures shall be used to
calculate parts per million by volume concentration, corrected to 3
percent oxygen:
(A) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
(B) The TOC concentration or total HAP concentration shall be
calculated according to paragraph (d)(3)(iv)(B)(1) or (d)(3)(iv)(B)(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 the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.011
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.
(2) The total HAP concentration (CHAP) shall be computed
according to the equation in paragraph (d)(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 (%O2d). The samples shall be taken during the
same time that the samples are taken for determining TOC concentration
or total HAP concentration.
(2) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using the following equation:
[[Page 244]]
[GRAPHIC] [TIFF OMITTED] TR17JN99.012
Where:
Cc = TOC concentration of 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. 63.1275(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) (incorporated by reference as specified in Sec.
63.14), 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 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 (d)(3)(v)(B)(1) and
(2) of this section.
(1) The following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR16AU12.014
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 using the
equations in paragraph (d)(3)(v)(B)(1) of this section.
(vi) The owner or operator shall conduct performance tests according
to the schedule specified in paragraphs (d)(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. 63.1270(d)(3) and (4) 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.
63.1282(g), 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. 63.1285(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
[[Page 245]]
months after the initial performance test required in paragraph
(d)(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.
63.1285(e)(2)(x). 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. 63.1282(g), or
(2) A combustion control device demonstrating during the performance
test under Sec. 63.1282(d) 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. 63.1281(d)(1), (e)(3)(ii), or (f)(1), the owner or
operator shall meet the requirements specified in paragraphs (d)(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. 63.1285(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 (d)(5) of this section.
(A) For a thermal vapor incinerator, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate and shall establish the design minimum and average temperatures
in the combustion zone and the combustion zone residence time.
(B) For a catalytic vapor incinerator, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate and shall establish the design minimum and average temperatures
across the catalyst bed inlet and outlet, and the design service life of
the catalyst.
(C) For a boiler or process heater, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate; shall establish the design minimum and average flame zone
temperatures and combustion zone residence time; and shall describe the
method and location where the vent stream is introduced into the flame
zone.
(D) For a condenser, the design analysis shall include the vent
stream composition, constituent concentrations, flowrate, relative
humidity, and temperature, and shall establish the design outlet organic
compound concentration level, design average temperature of the
condenser exhaust vent stream, and the design average temperatures of
the coolant fluid at the condenser inlet and outlet. As an alternative
to the design analysis, an owner or operator may elect to use the
procedures specified in paragraph (d)(5) of this section.
(E) For a regenerable carbon adsorption, the design analysis shall
include the vent stream composition, constituent concentrations,
flowrate, relative humidity, and temperature, and shall establish the
design exhaust vent stream organic compound concentration level,
adsorption cycle time, number and capacity of carbon beds, type and
working capacity of activated carbon used for the carbon beds, design
total regeneration stream flow over the period of each complete carbon
bed regeneration cycle, design carbon bed temperature after
regeneration, design carbon bed regeneration time, and design service
life of the carbon.
(F) For a nonregenerable carbon adsorption system, such as a carbon
canister, the design analysis shall include the vent stream composition,
constituent concentrations, flowrate, relative humidity, and
temperature, and shall establish the design exhaust vent stream organic
compound concentration level, capacity of the carbon bed, type and
working capacity of activated
[[Page 246]]
carbon used for the carbon bed, and design carbon replacement interval
based on the total carbon working capacity of the control device and
source operating schedule. In addition, these systems will incorporate
dual carbon canisters in case of emission breakthrough occurring in one
canister.
(ii) If the owner or operator and the Administrator do not agree on
a demonstration of control device performance using a design analysis,
then the disagreement shall be resolved using the results of a
performance test performed by the owner or operator in accordance with
the requirements of paragraph (d)(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 (d)(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.
(e) Compliance demonstration for control devices performance
requirements. This paragraph applies to the demonstration of compliance
with the control device performance requirements specified in Sec.
63.1281(d)(1), (e)(3)(ii), and (f)(1). Compliance shall be demonstrated
using the requirements in paragraphs (e)(1) through (3) of this section.
As an alternative, an owner or operator that installs a condenser as the
control device to achieve the requirements specified in Sec.
63.1281(d)(1)(ii), (e)(3)(ii), or (f)(1) may demonstrate compliance
according to paragraph (f) of this section. An owner or operator may
switch between compliance with paragraph (e) of this section and
compliance with paragraph (f) 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. 63.1285(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. 63.1283(d)(5)(i).
(2) The owner or operator shall calculate the daily average of the
applicable monitored parameter in accordance with Sec. 63.1283(d)(4)
except that the inlet gas flowrate to the control device shall not be
averaged.
(3) Compliance is achieved when the daily average of the monitoring
parameter value calculated under paragraph (e)(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 (e)(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. 63.1282(g) or under the performance test
conducted under Sec. 63.1282(d), 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. 63.1283(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.
[[Page 247]]
(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.
(f) 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. 63.1281(d)(1)(ii), (e)(3) or (f)(1) for condensers.
Compliance shall be demonstrated using the procedures in paragraphs
(f)(1) through (f)(3) of this section.
(1) The owner or operator shall establish a site-specific condenser
performance curve according to the procedures specified in Sec.
63.1283(d)(5)(ii). For sources required to meet the BTEX limit in
accordance with Sec. 63.1281(e) or (f)(1) the owner or operator shall
identify the minimum percent reduction necessary to meet the BTEX limit.
(2) Compliance with the percent reduction requirement in Sec.
63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures in
paragraphs (f)(2)(i) through (iii) of this section.
(i) The owner or operator must calculate the daily average condenser
outlet temperature in accordance with Sec. 63.1283(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 in paragraph (f)(2)(i) of this section and the
condenser performance curve established in paragraph (f)(1) of this
section.
(iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D)
of this section, at the end of each operating day the owner or operator
shall calculate the 30-day average HAP, or BTEX, emission reduction, as
appropriate, from the condenser efficiencies as determined in paragraph
(f)(2)(ii) of this section for the preceding 30 operating days. If the
owner or operator uses a combination of process modifications and a
condenser in accordance with the requirements of Sec. 63.1281(e), the
30-day average HAP emission, or BTEX, emission reduction, shall be
calculated using the emission reduction achieved through process
modifications and the condenser efficiency as determined in paragraph
(f)(2)(ii) of this section, both for the preceding 30 operating days.
(A) After the compliance date specified in Sec. 63.1270(d), an
owner or operator of a facility that stores natural gas that has less
than 30 days of data for determining the average HAP, or BTEX, emission
reduction, as appropriate, shall calculate the cumulative average at the
end of the withdrawal season, each season, until 30 days of condenser
operating data are accumulated. For a facility that does not store
natural gas, the owner or operator that has less than 30 days of data
for determining average HAP, or BTEX, emission reduction, as
appropriate, shall calculate the cumulative average at the end of the
calendar year, each year, until 30 days of condenser operating data are
accumulated.
(B) After the compliance date specified in Sec. 63.1270(d), for an
owner or operator that has less than 30 days of data for determining the
average HAP, or BTEX, emission reduction, as appropriate, compliance is
achieved if the average HAP, or BTEX, emission reduction, as
appropriate, calculated in paragraph (f)(2)(iii)(A) of this section is
equal to or greater than 95.0 percent or is equal to or greater than the
minimum percent reduction necessary to meet the BTEX emission limit as
determined in paragraph (f)(1) of this section.
(C) For the purposes of this subpart, a withdrawal season begins the
first time gas is withdrawn from the storage field after July 1 of the
calendar year and ends on June 30 of the next calendar year.
(D) Glycol dehydration units that are operated continuously have the
option of complying with the requirements specified in 40 CFR 63.772(g).
(3) Compliance is achieved based on the applicable criteria in
paragraphs (f)(3)(i) or (ii) of this section.
(i) For sources meeting the HAP emission reduction specified in
Sec. 63.1281(d)(1)(ii) or (e)(3) if the average HAP emission reduction
calculated in
[[Page 248]]
paragraph (f)(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.
63.1281(e)(3) or (f)(1), compliance is achieved if the average BTEX
emission reduction calculated in paragraph (f)(2)(iii) of this section
is equal to or greater than the minimum percent reduction identified in
paragraph (f)(1) of this section.
(g) Performance testing for combustion control devices--
manufacturers' performance test. (1) This paragraph (g) 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 (g)(7)
of this section by conducting a performance test as specified in
paragraphs (g)(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 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 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 (g)(8)(iii) of this section.
(4) Inlet testing shall be conducted as specified in paragraphs
(g)(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 fuel 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 sampling shall be conducted in accordance with the
criteria in paragraphs (g)(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
test run.
(2) Fill one canister across the three test runs for each THC test
such that
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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 (g)(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.
(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
(g)(4)(iii)(B), and (g)(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
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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 the
test run.
(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.
(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 (g)(7)(i)(A) through (C) of this section:
(A) Method 22, 40 CFR part 60, Appendix A, results under paragraph
(g)(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 (g)(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 (g)(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 (g)(7)(i) of this section.
(iii) A control device meeting the criteria in paragraph
(g)(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 (g)(8)(i) through (iii) 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 (g)(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.
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(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.
(h) 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 (g) of this section. Owners or operators
shall demonstrate that a control device achieves the performance
requirements of Sec. 63.1281(d)(1), (e)(3)(ii) or (f)(1), by installing
a device tested under paragraph (g) 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.
63.1283(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.
63.1283(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.
(4) Compliance with the operating parameter limit is achieved when
the following criteria are met:
(i) The inlet gas flowrate monitored under paragraph (h)(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
(h)(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 (h)(3) of this section.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001;
77 FR 49588, Aug. 16, 2012]
Sec. 63.1283 Inspection and monitoring requirements.
(a) This section applies to an owner or operator using air emission
controls in accordance with the requirements of Sec. 63.1275.
(b) The owner or operator of a control device whose model was tested
under 63.1282(g) 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) Closed-vent system inspection and monitoring requirements. (1)
For each closed-vent system required to comply with this section, the
owner or operator shall comply with the requirements of paragraphs
(c)(2) through (7) of this section.
(2) Except as provided in paragraphs (c)(5) and (6) of this section,
each closed-vent system shall be inspected according to the procedures
and schedule specified in paragraphs (c)(2)(i) and (ii) of this section
and each bypass device shall be inspected according to the procedures of
(c)(2)(iii) of this section.
(i) For each closed-vent system joints, seams, or other connections
that are permanently or semi-permanently sealed (e.g., a welded joint
between two sections of hard piping or a bolted or gasketed ducting
flange), the owner or operator shall:
(A) Conduct an initial inspection according to the procedures
specified in Sec. 63.1282(b) to demonstrate that the closed-vent system
operates with no
[[Page 252]]
detectable emissions. Inspection results shall be submitted with the
Notification of Compliance Status Report as specified in Sec.
63.1285(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 specified in
Sec. 63.1282(b) to demonstrate that it operates with no detectable
emissions following any time the component or connection is repaired or
replaced or the connection is unsealed. Inspection results shall be
submitted in the Periodic Report as specified in Sec.
63.1285(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. 63.1282(b) 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. 63.1285(d)(1) or (2).
(B) Conduct annual inspections according to the procedures specified
in Sec. 63.1282(b) 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.
63.1285(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.
63.1285(e)(2)(iii).
(iii) For each bypass device, except as provided for in Sec.
63.1281(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 for which leaks or
defects have been detected is allowed if the repair is technically
infeasible without a shutdown, as defined in Sec. 63.1271, 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 completed 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) and (ii) 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 paragraph (c)(2) (i)
or (ii) 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) and (ii) of this section if:
[[Page 253]]
(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. 63.1284(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. 63.1281(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.
63.1281(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 (c)(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 exempted 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 are used as the primary fuel;
(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 254]]
(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. 63.1282(d) that 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 temperatures at two locations and have a minimum accuracy
of 2 percent of the temperatures 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.
63.1282(d)(3) and shall be based on the total carbon working capacity of
the control device and source operating schedule.
(H) For a control device whose model is tested under Sec.
63.1282(g):
(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. 63.1282(h)(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 255]]
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 monitored 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 for condensers.
(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. 63.1281(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. 63.1282(d)(3) to demonstrate
that the control device achieves the applicable performance requirements
specified in Sec. 63.1281(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's recommendations or a
combination of both.
(B) If the owner or operator uses a condenser design analysis in
accordance with the requirements of Sec. 63.1282(d)(4) to demonstrate
that the control device achieves the applicable performance requirements
specified in Sec. 63.1281(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. 63.1282(g) to
demonstrate that the control device achieves the applicable performance
requirements specified in Sec. 63.1281(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. 63.1282(d)(3) to demonstrate
that the condenser achieves the applicable performance requirements in
Sec. 63.1281(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 or both.
(B) If the owner or operator uses a control device design analysis
in accordance with the requirements of Sec. 63.1282(d)(4)(i) to
demonstrate that the condenser achieves the applicable performance
requirements specified in Sec. 63.1281(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 256]]
Method for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as
inputs for the model GRI-GLYCalc \TM\, Version 3.0 or higher, to
generate a condenser performance curve.
(6) An excursion for a given control device is determined to have
occurred when the monitoring data or lack of monitoring data result in
any one of the criteria specified in paragraphs (d)(6)(i) through
(d)(6)(v) of this section being met. When multiple operating parameters
are monitored for the same control device and during the same operating
day, and more than one of these operating parameters meets an excursion
criterion specified in paragraphs (d)(6)(i) through (d)(6)(v) of this
section, then a single excursion is determined to have occurred for the
control device for that operating day.
(i) An excursion occurs when the daily average value of a monitored
operating parameter is less than the minimum operating parameter limit
(or, if applicable, greater than the maximum operating parameter limit)
established for the operating parameter in accordance with the
requirements of paragraph (d)(5)(i) of this section.
(ii) For sources meeting Sec. 63.1281(d)(1)(ii), an excursion
occurs when average condenser efficiency calculated according to the
requirements specified in Sec. 63.1282(f)(2)(iii) is less than 95.0
percent, as specified in Sec. 63.1282(f)(3). For sources meeting Sec.
63.1281(f)(1), an excursion occurs when the 30-day average condenser
efficiency calculated according to the requirements of Sec.
63.1282(f)(2)(iii) is less than the identified 30-day required percent
reduction.
(iii) An excursion occurs when the monitoring data are not available
for at least 75 percent of the operating hours in a day.
(iv) 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. 63.1281(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. 63.1281(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.
(v) For control device whose model is tested under Sec. 63.1282(g)
an excursion occurs when:
(A) The inlet gas flowrate exceeds the maximum established during
the test conducted under Sec. 63.1282(g).
(B) Failure of the quarterly visible emissions test conducted under
Sec. 63.1282(h)(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.
(8) [Reserved]
(9) Nothing in paragraphs (d)(1) through (d)(8) of this section
shall be construed to allow or excuse a monitoring parameter excursion
caused by any activity that violates other applicable provisions of this
subpart.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34557, June 29, 2001;
68 FR 37357, June 23, 2003; 71 FR 20459, Apr. 20, 2006; 77 FR 49594,
Aug. 16, 2012]
Sec. 63.1284 Recordkeeping requirements.
(a) The recordkeeping provisions of subpart A of this part, that
apply and those that do not apply to owners and operators of facilities
subject to this subpart are listed in Table 2 of this subpart.
(b) Except as specified in paragraphs (c) and (d) of this section,
each owner or operator of a facility subject to this subpart shall
maintain the records specified in paragraphs (b)(1) through (b)(10) of
this section:
(1) The owner or operator of an affected source subject to the
provisions of this subpart shall maintain files of all information
(including all reports and notifications) required by this subpart. The
files shall be retained for at least 5 years following the date of each
occurrence, measurement, maintenance, corrective action, report or
period.
[[Page 257]]
(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. 63.1283(d). Notwithstanding the previous sentence, 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.
63.1283(d)(6)(iii).
(4) Each owner or operator using a control device to comply with
Sec. 63.1274 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. 63.1283(d) or specified by the
Administrator in accordance with Sec. 63.1283(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. 63.1283(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. 63.1275, records
of the annual 30-day rolling average condenser efficiency determined
under Sec. 63.1282(f) shall be kept in addition to the daily averages.
(C) For a control device whose model is tested under Sec.
63.1282(g), the records required in paragraph (g) 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.
63.1281(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 closed-vent system that are
designated as unsafe to inspect in accordance with Sec. 63.1283(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 closed-vent system that are
designated as difficult to inspect in accordance with Sec.
63.1283(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.
63.1283(c), during which a leak or defect is detected, a record of the
information specified in paragraphs (b)(7)(i) through (b)(7)(viii) of
this section.
(i) The instrument identification numbers, operator name or
initials, and identification of the equipment.
(ii) The date the leak or defect was detected and the date of the
first attempt to repair the leak or defect.
[[Page 258]]
(iii) Maximum instrument reading measured by the method specified in
Sec. 63.1282(b) 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.
63.1281(d)(5) and records of each carbon replacement.
(8) For each inspection conducted in accordance with Sec.
63.1283(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 of glycol dehydration unit baseline operations
calculated as required under Sec. 63.1281(e)(1).
(10) Records required in Sec. 63.1281(e)(3)(i) documenting that the
facility continues to operate under the conditions specified in Sec.
63.1281(e)(2).
(c) An owner or operator that elects to comply with the benzene
emission limit specified in Sec. 63.1275(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) An owner or operator that is exempt from control requirements
under Sec. 63.1274(d) shall maintain the records specified in paragraph
(d)(1) or (d)(2) of this section, as appropriate, for each glycol
dehydration unit that is not controlled according to the requirements of
Sec. 63.1274(c).
(1) 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. 63.1282(a)(1); or
(2) The actual average benzene emissions (in terms of benzene
emissions per year), as determined in accordance with Sec.
63.1282(a)(2).
(e) Record the following when using a flare to comply with Sec.
63.1281(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. 63.1282(d)(2); and
(3) All hourly records and other recorded periods when the pilot
flame is absent.
(f) 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. 63.1274(h), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
(g) Record the following when using a control device whose model is
tested under Sec. 63.1282(g) to comply with Sec. 63.1281(d),
(e)(3)(ii) and (f)(1):
(1) All visible emission readings and flowrate calculations made
during the compliance determination required by Sec. 63.1282(h); and
(2) All hourly records and other recorded periods when the pilot
flame is absent.
(h) The date the semi-annual maintenance inspection required under
Sec. 63.1283(b) is performed. Include a list of any modifications or
repairs made to
[[Page 259]]
the control device during the inspection and other maintenance performed
such as cleaning of the fuel nozzles.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001;
77 FR 49595, Aug. 16, 2012]
Sec. 63.1285 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 facilities
subject to this subpart are listed in Table 2 of this subpart.
(b) Each owner or operator of a facility subject to this subpart
shall submit the information listed in paragraphs (b)(1) through (b)(6)
of this section, except as provided in paragraph (b)(7) 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 notification 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. 63.1270(d)(3) 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.
63.1270(d)(3) 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 requested by the
Administrator to conduct a performance evaluation for a continuous
monitoring system. A separate notification of the performance evaluation
is not required if it is included in the initial notification submitted
in accordance with paragraph (b)(1) of this section.
(3) The planned date of a performance test at least 60 days before
the test in accordance with Sec. 63.7(b). Unless requested by the
Administrator, a site-specific test plan is not required by this
subpart. If requested by the Administrator, the owner or operator must
also submit the site-specific test plan required by Sec. 63.7(c) with
the notification of the performance test. A separate notification of the
performance test is not required if it is included in the initial
notification submitted in accordance with paragraph (b)(1) of this
section.
(4) A Notification of Compliance Status Report as described in
paragraph (d) of this section;
(5) Periodic Reports as described in paragraph (e) of this section;
and
(6) 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. 63.1274(h), including actions taken
to correct a malfunction.
(7) [Reserved]
(c) [Reserved]
(d) Each owner or operator of a source subject to this subpart shall
submit a Notification of Compliance Status Report as required under
Sec. 63.9(h) within 180 days after the compliance date specified in
Sec. 63.1270(d). 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
[[Page 260]]
paragraph have been submitted at any time prior to 180 days after the
applicable compliance dates specified in Sec. 63.1270(d), 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. 63.1274, 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.
63.1282(d)(4) of this subpart if the owner or operator elects to prepare
a design analysis; or
(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. 63.1282(d)(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.
63.1282(g), 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. 63.1282(d)(3) of this subpart; and
(B) The value of the monitored parameters specified in Sec.
63.1283(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. 63.1283(c)(2)(i) and
(ii).
(2) If a closed-vent system and a flare are used to comply with
Sec. 63.1274, 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. 63.1282(d)(2) of this
subpart, and
(ii) A statement of whether a flame was present at the pilot light
over the full period of the compliance determination.
(iii) The results of the closed-vent system initial inspections
performed according to the requirements in Sec. 63.1283(c)(2)(i) and
(ii).
(3) 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.
(4) For each control device other than a flare used to meet the
requirements of Sec. 63.1274, the owner or operator shall submit the
information specified in paragraphs (d)(4)(i) through (iv) of this
section for each operating parameter required to be monitored in
accordance with the requirements of Sec. 63.1283(d).
[[Page 261]]
(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. 63.1281(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.
63.1283(d)(5) of this subpart. 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. 63.1281(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. 63.1281(d)(5)(i).
(5) Results of any continuous monitoring system performance
evaluations shall be included in the Notification of Compliance Status
Report.
(6) 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.
(7) The owner or operator that elects to comply with the
requirements of Sec. 63.1275(b)(1)(ii) shall submit the records
required under Sec. 63.1284(c).
(8) The owner or operator shall submit an analysis demonstrating
whether an affected source is a major source using the maximum
throughput calculated according to Sec. 63.1270(a).
(9) The owner or operator shall submit a statement as to whether the
source has complied with the requirements of this subpart.
(10) The owner or operator shall submit the analysis prepared under
Sec. 63.1281(e)(2) to demonstrate that 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. 63.1275(b)(1)(iii) through process
modifications or a combination of process modifications and one or more
control devices.
(11) If the owner or operator installs a combustion control device
model tested under the procedures in Sec. 63.1282(g), the data listed
under Sec. 63.1282(g)(8).
(12) For each combustion control device model tested under Sec.
63.1282(g), the information listed in paragraphs (d)(12)(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 shall prepare Periodic
Reports in accordance with paragraphs (e)(1) and (2) of this section and
submit them to the Administrator.
(1) An owner or operator shall submit Periodic Reports semiannually
beginning 60 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 (xiii) 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
[[Page 262]]
under Sec. 63.10(e)(3), excursions (as defined in Sec. 63.1283(d)(6))
shall be considered excess emissions.
(ii) A description of all excursions as defined in Sec.
63.1283(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. 63.1283(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 30-day average condenser
control efficiency is less than the value, as specified in Sec.
63.1283(d)(6)(ii), the report must include the 30-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 by lack of monitoring data, as
specified in Sec. 63.1283(d)(6)(iii), 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.
(D) For each excursion caused when the maximum inlet gas flowrate
identified under Sec. 63.1282(g) 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.
(E) For each excursion caused when visible emissions determined
under Sec. 63.1282(h) 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.
63.1283(c) during which a leak or defect is detected, the records
specified in Sec. 63.1284(b)(7) must be included in the next Periodic
Report.
(iv) For each closed-vent system with a bypass line subject to Sec.
63.1281(c)(3)(i)(A), records required under Sec. 63.1284(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. 63.1281(c)(3)(i)(B), records required under Sec.
63.1284(b)(4)(iv) of all periods in which the seal or closure mechanism
is broken, the bypass valve position has changed, or the key to unlock
the bypass line valve was checked out.
(v) If an owner or operator elects to comply with Sec.
63.1275(b)(1)(ii), the records required under Sec. 63.1284(c)(3).
(vi) The information in paragraphs (e)(2)(vi)(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.
(vii) Any change in compliance methods as specified in Sec.
63.1282(e).
(viii) If the owner or operator elects to comply with Sec.
63.1275(c)(2), the records required under Sec. 63.1284(b)(10).
(ix) For flares, the records specified in Sec. 63.1284(e).
(x) The results of any periodic test as required in Sec.
63.1282(d)(3) conducted during the reporting period.
(xi) For each carbon adsorber used to meet the control device
requirements of Sec. 63.1281(d)(1), records of each carbon replacement
that occurred during the reporting period.
(xii) For combustion control device inspections conducted in
accordance with Sec. 63.1283(b) the records specified in Sec.
63.1284(h).
(xiii) 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.
(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:
[[Page 263]]
(1) A brief description of the process change;
(2) A description of any modification to standard procedures or
quality assurance procedures;
(3) Revisions to any of the information reported in the original
Notification of Compliance Status Report under paragraph (d) of this
section; and
(4) Information required by the Notification of Compliance Status
Report under paragraph (d) of this section for changes involving the
addition of processes or equipment.
(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 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001;
77 FR 49596, Aug. 16, 2012]
Sec. 63.1286 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1270, 63.1274 through 63.1275, 63.1281, and 63.1287.
(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 37357, June 23, 2003]
[[Page 264]]
Sec. 63.1287 Alternative means of emission limitation.
(a) If, in the judgment of the Administrator, an alternative means
of emission limitation will achieve a reduction in HAP emissions at
least equivalent to the reduction in HAP emissions from that source
achieved under the applicable requirements in Sec. Sec. 63.1274 through
63.1281, the Administrator will publish a notice in the Federal Register
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 showing that this means achieves equivalent
emission reductions.
[64 FR 32648, June 17, 1999, as amended at 77 FR 49597, Aug. 16, 2012]
Sec. Sec. 63.1288-63.1289 [Reserved]
Sec. Appendix: Table 1 to Subpart HHH of Part 63--List of Hazardous Air
Pollutants (HAP) for Subpart HHH
------------------------------------------------------------------------
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
75050.................................. Acetaldehyde
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.
Sec. Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40
CFR Part 63 General Provisions to Subpart HHH
------------------------------------------------------------------------
Applicable to
General provisions reference subpart HHH Explanation
------------------------------------------------------------------------
Sec. 63.1(a)(1)........... Yes.
Sec. 63.1(a)(2)........... Yes.
Sec. 63.1(a)(3)........... Yes.
Sec. 63.1(a)(4)........... Yes.
Sec. 63.1(a)(5)........... No.................. Section reserved.
Sec. 63.1(a)(6) through Yes.
(a)(8).
Sec. 63.1(a)(9)........... No.................. Section reserved.
Sec. 63.1(a)(10).......... Yes.
Sec. 63.1(a)(11).......... Yes.
Sec. 63.1(a)(12).......... Yes.
Sec. 63.1(b)(1)........... No.................. Subpart HHH
specifies
applicability.
Sec. 63.1(b)(2)........... Yes.
Sec. 63.1(b)(3)........... No.
Sec. 63.1(c)(1)........... No.................. Subpart HHH
specifies
applicability.
Sec. 63.1(c)(2)........... No.
Sec. 63.1(c)(3)........... No.................. Section reserved.
Sec. 63.1(c)(4)........... Yes.
Sec. 63.1(c)(5)........... Yes.
Sec. 63.1(d).............. No.................. Section reserved.
Sec. 63.1(e).............. Yes.
Sec. 63.2................. Yes................. Except definition of
major source is
unique for this
source category and
there are
additional
definitions in
subpart HHH.
Sec. 63.3(a) through (c).. Yes.
Sec. 63.4(a)(1)........... Yes.................
Sec. 63.4(a)(2)........... Yes.................
Sec. 63.4(a)(3)........... No.................. Section reserved.
Sec. 63.4(a)(4)........... No.................. Section reserved.
Sec. 63.4(a)(5)........... No.................. Section reserved.
Sec. 63.4(b).............. Yes.
Sec. 63.4(c).............. Yes.
[[Page 265]]
Sec. 63.5(a)(1)........... Yes.
Sec. 63.5(a)(2)........... No.................. Preconstruction
review required
only for major
sources that
commence
construction after
promulgation of the
standard.
Sec. 63.5(b)(1)........... Yes.
Sec. 63.5(b)(2)........... No.................. Section reserved.
Sec. 63.5(b)(3)........... Yes.
Sec. 63.5(b)(4)........... Yes.
Sec. 63.5(b)(5)........... No.................. Section reserved.
Sec. 63.5(b)(6)........... Yes.
Sec. 63.5(c).............. No.................. Section reserved.
Sec. 63.5(d)(1)........... Yes.
Sec. 63.5(d)(2)........... Yes.
Sec. 63.5(d)(3)........... Yes.
Sec. 63.5(d)(4)........... Yes.
Sec. 63.5(e).............. Yes.
Sec. 63.5(f)(1)........... Yes.
Sec. 63.5(f)(2)........... Yes.
Sec. 63.6(a).............. Yes.
Sec. 63.6(b)(1)........... Yes.
Sec. 63.6(b)(2)........... Yes.
Sec. 63.6(b)(3)........... Yes.
Sec. 63.6(b)(4)........... Yes.
Sec. 63.6(b)(5)........... Yes.
Sec. 63.6(b)(6)........... No.................. Section reserved.
Sec. 63.6(b)(7)........... Yes.
Sec. 63.6(c)(1)........... Yes.
Sec. 63.6(c)(2)........... Yes.
Sec. 63.6(c)(3) and (c)(4) No.................. Section reserved.
Sec. 63.6(c)(5)........... Yes.
Sec. 63.6(d).............. No.................. Section reserved.
Sec. 63.6(e).............. Yes.
Sec. 63.6(e).............. Yes................. Except as otherwise
specified.
Sec. 63.6(e)(1)(i)........ No.................. See Sec.
63.1274(h) 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)........... Yes.
Sec. 63.6(h)(3)........... No.................. Section reserved.
Sec. 63.6(h)(4) 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(b).............. 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)........... Yes.
Sec. 63.8(c)(1)(i)........ No.
[[Page 266]]
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)........... No.
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 HHH does not
specifically
require continuous
emissions monitor
performance
evaluations,
however, the
Administrator can
request that one be
conducted.
Sec. 63.8(f)(1) through Yes.
(f)(5).
Sec. 63.8(f)(6)........... No.................. Subpart HHH does not
require continuous
emissions
monitoring.
Sec. 63.8(g).............. No.................. Subpart HHH
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.
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.
(h)(3).
Sec. 63.9(h)(4)........... No.................. Section reserved.
Sec. 63.9(h)(5) and (h)(6) Yes.
Sec. 63.9(i).............. Yes.
Sec. 63.9(j).............. Yes.
Sec. 63.10(a)............. Yes.
Sec. 63.10(b)(1).......... Yes................. Section
63.1284(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.
63.1284(f) for
recordkeeping of
(1) occurrence and
duration and (2)
actions taken
during malfunction.
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).......... No.
Sec. 63.10(c)(1).......... Yes.
Sec. 63.10(c)(2) through No.................. Sections reserved.
(c)(4).
Sec. 63.10(c)(5) through Yes.
(c)(8).
Sec. 63.10(c)(9).......... No.................. Section reserved.
Sec. 63.10(c)(10) through No.................. See Sec.
(c)(11). 63.1284(f) for
recordkeeping of
malfunctions.
Sec. 63.10(c)(12) through Yes.
(c)(14).
Sec. 63.10(c)(15)......... No.
Sec. 63.10(d)(1).......... Yes.
Sec. 63.10(d)(2).......... Yes.
Sec. 63.10(d)(3).......... Yes.
Sec. 63.10(d)(4).......... Yes.
Sec. 63.10(d)(5).......... No.................. See Sec.
63.1285(b)(6) for
reporting of
malfunctions.
Sec. 63.10(e)(1).......... Yes.
Sec. 63.10(e)(2).......... Yes.
Sec. 63.10(e)(3)(i)....... Yes................. Subpart HHH requires
major sources to
submit Periodic
Reports semi-
annually.
Sec. 63.10(e)(3)(i)(A).... Yes.
Sec. 63.10(e)(3)(i)(B).... Yes.
Sec. 63.10(e)(3)(i)(C).... No.................. Section reserved.
Sec. 63.10(e)(3)(i)(D).... Yes.
Sec. 63.10(e)(3)(ii) Yes.
through (e)(3)(viii).
Sec. 63.10(f)............. Yes.
Sec. 63.11(a) through (e). Yes.
Sec. 63.12(a) through (c). Yes.
Sec. 63.13(a) through (c). Yes.
Sec. 63.14(a) through (q). Yes.
[[Page 267]]
Sec. 63.15(a) and (b)..... Yes. ....................
------------------------------------------------------------------------
[77 FR 49597, Aug. 16, 2012]
Subpart III_National Emission Standards for Hazardous Air Pollutants for
Flexible Polyurethane Foam Production
Source: 63 FR 53996, Oct. 7, 1998, unless otherwise noted.
Sec. 63.1290 Applicability.
(a) The provisions of this subpart apply to each new and existing
flexible polyurethane foam or rebond foam process that meets the
criteria listed in paragraphs (a)(1) through (3) of this section.
(1) Produces flexible polyurethane or rebond foam;
(2) Emits a HAP, except as provided in paragraph (c)(2) of this
section; and
(3) Is located at a plant site that is a major source, as defined in
Sec. 63.2 of subpart A.
(b) For the purpose of this subpart, an affected source includes all
processes meeting the criteria in paragraphs (a)(1) through (a)(3) of
this section that are located at a contiguous plant site, with the
exception of those processes listed in paragraph (c) of this section.
(c) A process meeting one of the following criteria listed in
paragraphs (c)(1) and (2) of this section shall not be subject to the
provisions of this subpart:
(1) A process exclusively dedicated to the fabrication of flexible
polyurethane foam; or
(2) A research and development process.
(d) Applicability of this subpart. (1) The emission limitations set
forth in this subpart and the emission limitations referred to in this
subpart shall apply at all times except during periods of non-operation
of the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies.
(2) Equipment leak requirements of Sec. 63.1294 shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) in which the lines are drained and
depressurized resulting in cessation of the emissions to which the
equipment leak requirements apply.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
times when emissions are being routed to such items of equipment if the
shutdown would contravene requirements of this subpart applicable to
such items of equipment.
(4) General duty. At all times, the owner or operator shall 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. 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 the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements will be based on information
available to the Administrator, which may include, but is not limited
to, monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48086, Aug. 15, 2014]
Sec. 63.1291 Compliance schedule.
(a) Existing affected sources shall be in compliance with all
provisions of this subpart no later than October 8, 2001, with the
exception of Sec. 63.1297. Affected sources subject to the requirements
of Sec. 63.1297 shall be in compliance with the requirements of this
section on or before November 13, 2014.
[[Page 268]]
(b) New or reconstructed affected sources shall be in compliance
with all provisions of this subpart upon initial startup.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]
Sec. 63.1292 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act, in subpart A of this part, and in this section. If a term is
defined in subpart A and in this section, it shall have the meaning
given in this section for purposes of this subpart.
Auxiliary blowing agent, or ABA, means a low-boiling point liquid
added to assist foaming by generating gas beyond that resulting from the
isocyanate-water reaction.
Breakthrough means that point in the adsorption step when the mass
transfer zone (i.e., the section of the carbon bed where the HAP is
removed from the carrier gas stream) first reaches the carbon bed outlet
as the mass transfer zone moves down the bed in the direction of flow.
The breakthrough point is characterized by the beginning of a sharp
increase in the outlet HAP or organic compound concentration.
Calibrate means to verify the accuracy of a measurement device
against a known standard. For the purpose of this subpart, there are two
levels of calibration. The initial calibration includes the verification
of the accuracy of the device over the entire operating range of the
device. Subsequent calibrations can be conducted for a point or several
points in a limited range of operation that represents the most common
operation of the device.
Canned motor pump means a pump with interconnected cavity housings,
motor rotors, and pump casing. In a canned motor pump, the motor
bearings run in the process liquid and all seals are eliminated.
Carbon adsorption system means a system consisting of a tank or
container that contains a specific quantity of activated carbon. For the
purposes of this subaprt, a carbon adsorption system is used as a
control device for storage vessels. Typically, the spent carbon bed does
not undergo regeneration, but is replaced.
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 to be connectors for
the purposes of this subpart.
Cured foam means flexible polyurethane foam with fully developed
physical properties. A period of 12 to 24 hours from pour is typically
required to completely cure foam, although mechanical or other devices
are sometimes used to accelerate the curing process.
Curing area means the area in a slabstock foam production facility
where foam buns are allowed to fully develop physical properties.
Diaphragm pump means a pump where the driving member is a flexible
diaphragm made of metal, rubber, or plastic. In a diaphragm pump, there
is no packing or seals that are exposed to the process liquid.
Diisocyanate means a compound containing two isocyanate groups per
molecule. The most common diisocyanate compounds used in the flexible
polyurethane foam industry are toluene diisocyanate (TDI) and methylene
diphenyl diisocyanate (MDI).
Flexible polyurethane foam means a flexible cellular polymer
containing urea and carbamate linkages in the chain backbone produced by
reacting a diisocyanate, polyol, and water. Flexible polyurethane foams
are open-celled, permit the passage of air through the foam, and possess
the strength and flexibility to allow repeated distortion or compression
under stress with essentially complete recovery upon removal of the
stress.
Flexible polyurethane foam process means the equipment used to
produce a flexible polyurethane foam product. For the purpose of this
subpart, the flexible polyurethane foam process includes raw material
storage; production equipment and associated piping, ductwork, etc.; and
curing and storage areas.
Foam fabrication process means an operation for cutting or bonding
flexible polyurethane foam pieces together or to other substrates.
[[Page 269]]
Grade of foam means foam with a distinct combination of indentation
force deflection (IFD) and density values.
HAP ABA means methylene chloride, or any other HAP compound used as
an auxiliary blowing agent.
HAP-based means to contain 5 percent (by weight) or more of HAP.
This applies to equipment cleaners, mixhead flushes, mold release agents
and ABA.
In diisocyanate service means a piece of equipment that contains or
contacts a diisocyanate.
Initial startup means the first time a new or reconstructed affected
source begins production of flexible polyurethane foam.
Isocyanate means a reactive chemical grouping composed of a nitrogen
atom bonded to a carbon atom bonded to an oxygen atom; or a chemical
compound, usually organic, containing one or more isocyanate groups.
Magnetic drive pump means a pump where an externally-mounted magnet
coupled to the pump motor drives the impeller in the pump casing. In a
magnetic drive pump, no seals contact the process fluid.
Metering pump means a pump used to deliver reactants, ABA, or
additives to the mixhead.
Mixhead means a device that mixes two or more component streams
before dispensing foam producing mixture to the desired container.
Molded flexible polyurethane foam means a flexible polyurethane foam
that is produced by shooting the foam mixture into a mold of the desired
shape and size.
Mold release agent means any material which, when applied to the
mold surface, serves to prevent sticking of the foam part to the mold.
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 otherwise operated by the same entity, parent
entity, subsidiary, or any combination thereof.
Polyol, for the purpose of this subpart, means a polyether or
polyester polymer with more than one reactive hydroxyl group attached to
the molecule.
Rebond foam means the foam resulting from a process of adhering
small particles of foam (usually scrap or recycled foam) together to
make a usable cushioning product. Various adhesives and bonding
processes are used. A typical application for rebond foam is for carpet
underlay.
Rebond foam process means the equipment used to produce a rebond
foam product. For the purpose of this subpart, the rebond foam process
includes raw material storage; production equipment and associated
piping, ductwork, etc.; and curing and storage areas.
Reconstructed source means an affected source undergoing
reconstruction, as defined in subpart A of this part. For the purposes
of this subpart, process modifications made to stop using HAP ABA or
HAP-based ABA to meet the requirements of this subpart shall not be
counted in determining whether or not a change or replacement meets the
definition of reconstruction.
Research and development process means a laboratory or pilot plant
operation whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and which is not
engaged in the manufacture of products for commercial sale except in a
de minimis manner.
Sealless pump means a canned-motor pump, diaphragm pump, or magnetic
drive pump, as defined in this section.
Slabstock flexible polyurethane foam means flexible polyurethane
foam that is produced in large continuous buns that are then cut into
the desired size and shape.
Slabstock flexible polyurethane foam production line includes all
portions of the flexible polyurethane foam process from the mixhead to
the point in the process where the foam is completely cured.
Storage vessel means a tank or other vessel that is used to store
diisocyanates for use in the production of flexible polyurethane foam.
Storage vessels do not include vessels with capacities smaller than 38
cubic meters (or 10,000 gallons).
[[Page 270]]
Transfer pump means all pumps used to transport diisocyanates that
are not metering pumps.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]
Sec. 63.1293 Standards for slabstock flexible polyurethane foam
production.
Each owner or operator of a new or existing slabstock affected
source shall comply with Sec. Sec. 63.1294, 63.1297, and 63.1298.
[79 FR 48087, Aug. 15, 2014]
Sec. 63.1294 Standards for slabstock flexible polyurethane foam
production--diisocyanate emissions.
Each new and existing slabstock affected source shall comply with
the provisions of this section.
(a) Diisocyanate storage vessels. Diisocyanate storage vessels shall
be equipped with either a system meeting the requirements in paragraph
(a)(1) of this section, or a carbon adsorption system meeting the
requirements of paragraph (a)(2) of this section.
(1) The storage vessel shall be equipped with a vapor return line
from the storage vessel to the tank truck or rail car that is connected
during unloading.
(i) During each unloading event, the vapor return line shall be
inspected for leaks by visual, audible, or an instrumental detection
method.
(ii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than the subsequent unloading event.
(2) The storage vessel shall be equipped with a carbon adsorption
system, meeting the monitoring requirements of Sec. 63.1303(a), that
routes displaced vapors through activated carbon before being discharged
to the atmosphere. The owner or operator shall replace the existing
carbon with fresh carbon upon indication of breakthrough before the next
unloading event.
(b) Transfer pumps in diisocyanate service. Each transfer pump in
diisocyanate service shall meet the requirements of paragraph (b)(1) or
(b)(2) of this section.
(1) The pump shall be a sealless pump; or
(2) The pump shall be a submerged pump system meeting the
requirements in paragraphs (b)(2)(i) through (iii) of this section.
(i) The pump shall be completely immersed in bis(2-
ethylhexyl)phthalate (DEHP, CAS 118-81-7), 2(methyloctyl)phthalate
(DINP, CAS 68515-48-0), or another neutral oil.
(ii) The pump shall be visually monitored weekly to detect leaks,
(iii) When a leak is detected, it shall be repaired in accordance
with the procedures in paragraphs (b)(2)(iii)(A) and (B) of this
section, except as provided in paragraph (d) of this section.
(A) The leak shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected.
(B) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected. First attempts at repair include, but
are not limited to, the following practices where practicable:
(1) Tightening of packing gland nuts.
(2) Ensuring that the seal flush is operating at design pressure and
temperature.
(c) Other components in diisocyanate service. If evidence of a leak
is found by visual, audible, or an instrumental detection method, it
shall be repaired as soon as practicable, but not later than 15 calendar
days after it is detected, except as provided in paragraph (d) of this
section. The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(d) Delay of repair. (1) 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 diisocyanate service.
(2) Delay of repair for valves and connectors is also allowed if:
(i) The owner or operator determines that diisocyanate emissions of
purged material resulting from immediate repair are greater than the
fugitive emissions likely to result from delay of repair, and
(ii) The purged material is collected and destroyed or recovered in
a control device when repair procedures are effected, and
[[Page 271]]
(iii) Repair is completed as soon as practicable, but not later than
6 months after the leak was detected.
(3) Delay of repair for pumps is also allowed if repair requires
replacing the existing seal design with a sealless pump, and repair is
completed as soon as practicable, but not later than 6 months after the
leak was detected.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]
Sec. Sec. 63.1295-63.1296 [Reserved]
Sec. 63.1297 Standards for slabstock flexible polyurethane foam
production--HAP ABA.
Each owner or operator of a new or existing slabstock affected
source shall not use HAP or a HAP-based material as an ABA.
[79 FR 48087, Aug. 15, 2014]
Sec. 63.1298 Standards for slabstock flexible polyurethane foam
production--HAP emissions from equipment cleaning.
Each owner or operator of a new or existing slabstock affected
source shall not use HAP or a HAP-based material as an equipment
cleaner.
[79 FR 48087, Aug. 15, 2014]
Sec. 63.1299 [Reserved]
Sec. 63.1300 Standards for molded flexible polyurethane foam
production.
Each owner or operator of a new or existing molded affected source
shall comply with the provisions in paragraphs (a) and (b) of this
section.
(a) A HAP or HAP-based material shall not be used as an equipment
cleaner to flush the mixhead, nor shall it be used elsewhere as an
equipment cleaner in a molded flexible polyurethane foam process, with
the following exception. Diisocyanates may be used to flush the mixhead
and associated piping during periods of startup or maintenance, provided
that the diisocyanate compounds are contained in a closed-loop system
and are re-used in production.
(b) A HAP-based mold release agent shall not be used in a molded
flexible polyurethane foam source process.
Sec. 63.1301 Standards for rebond foam production.
Each owner or operator of a new or existing rebond foam affected
source shall comply with the provisions in paragraphs (a) and (b) of
this section.
(a) A HAP or HAP-based material shall not be used as an equipment
cleaner at a rebond foam source.
(b) A HAP-based mold release agent shall not be used in a rebond
foam source.
Sec. 63.1302 Applicability of subpart A requirements.
The owner or operator of an affected source shall comply with the
applicable requirements of subpart A of this part, as specified in Table
1 of this subpart.
[79 FR 48087, Aug. 15, 2014]
Sec. 63.1303 Monitoring requirements.
Owners and operators of affected sources shall comply with each
applicable monitoring provision in this section.
(a) Monitoring requirements for storage vessel carbon adsorption
systems. Each owner or operator using a carbon adsorption system to meet
the requirements of Sec. 63.1294(a) shall monitor the concentration
level of the HAP or the organic compounds in the exhaust vent stream (or
outlet stream exhaust) from the carbon adsorption system at the
frequency specified in paragraph (a)(1) or (2) of this section.
(1) The concentration level of HAP or organic compounds shall be
monitored during each unloading event, or once per month during an
unloading event if multiple unloading events occur in a month.
(2) As an alternative to monthly monitoring, the owner or operator
can set the monitoring frequency at an interval no greater than 20
percent of the carbon replacement interval, which is established using a
design analysis described below in paragraphs (a)(1)(i) through (iii) of
this section.
(i) The design analysis shall consider the vent stream composition,
constituent concentration, flow rate, relative humidity, and
temperature.
(ii) The design analysis shall establish the outlet organic
concentration
[[Page 272]]
level, the capacity of the carbon bed, and the working capacity of
activated carbon used for the carbon bed, and
(iii) The design analysis shall establish the carbon replacement
interval based on the total carbon working capacity of the carbon
adsorption system and the schedule for filling the storage vessel.
(b) Each owner or operator using a carbon adsorption system to meet
the requirements of Sec. 63.1294(a) shall monitor the concentration
level of total organic compounds in the exhaust vent stream (or outlet
stream exhaust) from the carbon adsorption system using 40 CFR part 60,
Appendix A, Method 25A, reported as propane. The measurement shall be
conducted over at least one 5-minute interval during which the storage
vessel is being filled.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]
Sec. 63.1304 [Reserved]
Sec. 63.1305 Alternative means of emission limitation.
An owner or operator of an affected source may request approval to
use an alternative means of emission limitation, following the
procedures in this section.
(a) The owner or operator can request approval to use an alternative
means of emission limitation in the precompliance report for existing
sources, the application for construction or reconstruction for new
sources, or at any time.
(b) This request shall include a complete description of the
alternative means of emission limitation.
(c) Each owner or operator applying for permission to use an
alternative means of emission limitation under Sec. 63.6(g) shall be
responsible for collecting and verifying data to demonstrate the
emission reduction achieved by the alternative means of emission
limitation.
(d) Use of the alternative means of emission limitation shall not
begin until approval is granted by the Administrator in accordance with
Sec. 63.6(g).
Sec. 63.1306 Reporting requirements.
Owners and operators of affected sources shall comply with each
applicable reporting provision in this section.
(a) Initial notification. Each affected source shall submit an
initial notification in accordance with Sec. 63.9(b).
(b) Application for approval of construction or reconstruction. Each
owner or operator shall submit an application for approval of
construction or reconstruction in accordance with the provisions of
Sec. 63.5(d).
(c) Notification of compliance status. Each affected source shall
submit a notification of compliance status report no later than 180 days
after the compliance date. For slabstock affected sources, this report
shall contain the information listed in paragraphs (c)(1) through (3) of
this section, as applicable. This report shall contain the information
listed in paragraph (c)(4) of this section for molded foam processes and
in paragraph (c)(5) of this section for rebond foam processes.
(1) A list of diisocyanate storage vessels, along with a record of
the type of control utilized for each storage vessel.
(2) For transfer pumps in diisocyanate service, a record of the type
of control utilized for each transfer pump.
(3) A statement that the slabstock foam affected source is in
compliance with Sec. Sec. 63.1297 and 63.1298, or a statement that
slabstock foam processes at an affected source are in compliance with
Sec. Sec. 63.1297 and 63.1298.
(4) A statement that the molded foam affected source is in
compliance with Sec. 63.1300, or a statement that molded foam processes
at an affected source are in compliance with Sec. 63.1300.
(5) A statement that the rebond foam affected source is in
compliance with Sec. 63.1301, or that rebond processes at an affected
source are in compliance with Sec. 63.1301.
(d) Semiannual reports. Each slabstock affected source shall submit
a report containing the information specified in paragraphs (d)(1)
through (3) of this section semiannually no later than 60 days after the
end of each 180 day period. The first report shall be submitted no later
than 240 days after the
[[Page 273]]
date that the Notification of Compliance Status is due and shall cover
the 6-month period beginning on the date that the Notification of
Compliance Status Report is due.
(1) For sources complying with the storage vessel provisions of
Sec. 63.1294(a) using a carbon adsorption system, unloading events that
occurred after breakthrough was detected and before the carbon was
replaced.
(2) Any equipment leaks that were not repaired in accordance with
Sec. Sec. 63.1294(b)(2)(iii) and 63.1294(c).
(3) Any leaks in vapor return lines that were not repaired in
accordance with Sec. 63.1294(a)(1)(ii).
(e) Annual compliance certifications. Each affected source subject
to the provisions in Sec. Sec. 63.1293 through 63.1301 shall submit a
compliance certification annually.
(1) The compliance certification shall be based on information
consistent with that contained in Sec. 63.1308, as applicable.
(2) A compliance certification required pursuant to a state or local
operating permit program may be used to satisfy the requirements of this
section, provided that the compliance certification is based on
information consistent with that contained in Sec. 63.1308, and
provided that the Administrator has approved the state or local
operating permit program under part 70 of this chapter.
(3) Each compliance certification submitted pursuant to this section
shall be signed by a responsible official of the company that owns or
operates the affected source.
(f) Malfunction reports. If a source fails to meet an applicable
standard, slabstock affected sources shall report such events in the
next semiannual report and molded and rebond affected sources shall
report such events in the next annual compliance certification. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time and duration of each failure. For each
failure, the report shall include a list of the affected sources or
equipment, an estimate of the volume of each regulated pollutant emitted
over any emission limit, and a description of the method used to
estimate the emissions.
(g) Within 60 days after the date of completing each performance
test (as defined in Sec. 63.2) required by this subpart, you shall
submit the results of the performance tests, including any associated
fuel analyses, following the procedure specified in either paragraph
(g)(1) or (g)(2) of this section.
(1) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html),, the owner or operator
shall submit the results of the performance test to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI), (CEDRI can be
accessed through the EPA's Central Data Exchange (CDX) (http://
cdx.epa.gov/epa_home.asp). Performance test data shall be submitted in a
file format generated through the use of the EPA's ERT. Alternatively,
the owner or operator may submit performance test data in an electronic
file format consistent with the extensible markup language (XML) schema
listed on the EPA's ERT Web site, once the XML schema is available.
Owners or operators, who claim that some of the information being
submitted for performance tests is confidential business information
(CBI), shall submit a complete file generated through the use of the
EPA's ERT or an alternate electronic file consistent with the XML schema
listed on the EPA's ERT Web site, 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 shall be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: WebFIRE
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
ERT or alternate file with the CBI omitted shall be submitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
(2) For data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's 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.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]
[[Page 274]]
Sec. 63.1307 Recordkeeping requirements.
The applicable records designated in paragraphs (a) through (c) of
this section shall be maintained by owners and operators of all affected
sources.
(a) Storage vessel records. (1) A list of diisocyanate storage
vessels, along with a record of the type of control utilized for each
storage vessel.
(2) For storage vessels complying through the use of a carbon
adsorption system, paragraphs (a)(2)(i) or (ii), and paragraph
(a)(2)(iii) of this section.
(i) Records of dates and times when the carbon adsorption system is
monitored for carbon breakthrough and the monitoring device reading,
when the device is monitored in accordance with Sec. 63.1303(a); or
(ii) For affected sources monitoring at an interval no greater than
20 percent of the carbon replacement interval, in accordance with Sec.
63.1303(a)(2), the records listed in paragraphs (a)(2)(ii)(A) and (B) of
this section.
(iii) Date when the existing carbon in the carbon adsorption system
is replaced with fresh carbon.
(3) For storage vessels complying through the use of a vapor return
line, paragraphs (a)(3)(i) through (iii) of this section.
(i) Dates and times when each unloading event occurs and each
inspection of the vapor return line for leaks occurs.
(ii) Records of dates and times when a leak is detected in the vapor
return line.
(iii) Records of dates and times when a leak is repaired.
(b) Equipment leak records. (1) A list of components in diisocyanate
service.
(2) For transfer pumps in diisocyanate service, a record of the type
of control utilized for each transfer pump and the date of installation.
(3) When a leak is detected as specified in Sec. Sec.
63.1294(b)(2)(ii) and 63.1294(c), the requirements listed in paragraphs
(b)(3)(i) and (ii) of this section apply:
(i) Leaking equipment shall be identified in accordance with the
requirements in paragraphs (b)(3)(i)(A) and (B) of this section.
(A) A readily visible identification, marked with the equipment
identification number, shall be attached to the leaking equipment.
(B) The identification on equipment may be removed after it has been
repaired.
(ii) The information in paragraphs (b)(2)(ii)(A) through (G) shall
be recorded for leaking components.
(A) The operator identification number and the equipment
identification number.
(B) The date the leak was detected and the dates of each attempt to
repair the leak.
(C) Repair methods applied in each attempt to repair the leak.
(D) The words ``repair delayed'' and the reason for the delay if a
leak is not repaired within 15 calendar days after discovery of the
leak.
(E) The expected date of the successful repair of the leak if a leak
is not repaired within 15 calendar days.
(F) The date of successful repair of the leak.
(G) The date the identification is removed.
(c) The owner or operator of an affected source subject to Sec.
63.1297 shall maintain a product data sheet for each ABA used which
includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids).
(d) The owner or operator of an affected source subject to Sec.
63.1298 of this subpart shall maintain a product data sheet for each
equipment cleaner used which includes the HAP content, in kg of HAP/kg
solids (lb HAP/lb solids).
(e) The owner or operator of an affected source following the
compliance methods in Sec. 63.1308(b)(1) shall maintain records of each
use of a vapor return line during unloading, of any leaks detected
during unloading, and of repairs of leaks detected during unloading.
(f) The owner or operator of an affected source subject to Sec.
63.1300 or Sec. 63.1301 of this subpart shall maintain a product data
sheet for each compound other than diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance,
which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb
solids), of each solvent other than diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance.
(g) The owner or operator of an affected source subject to Sec.
63.1300 or
[[Page 275]]
Sec. 63.1301 of this subpart shall maintain a product data sheet for
each mold release agent used that includes the HAP content, in kg of
HAP/kg solids (lb HAP/lb solids), of each mold release agent.
(h) Malfunction records. Records shall be kept as specified in
paragraphs (h)(1) through (3) of this section for affected sources.
Records are not required for emission points that do not require control
under this subpart.
(1) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure, record the
date, time and duration of the failure.
(2) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
volume of each regulated pollutant emitted over any emission limit and a
description of the method used to estimate the emissions.
(3) Record actions taken to minimize emissions in accordance with
Sec. 63.1290(d) and any corrective actions taken to return the affected
unit to its normal or usual manner of operation.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]
Sec. 63.1308 Compliance demonstrations.
(a) For each affected source, compliance with the requirements
described in Tables 2 and 3 of this subpart shall mean compliance with
the requirements contained in Sec. Sec. 63.1293 through 63.1301, absent
any credible evidence to the contrary.
(1) The requirements described in Tables 3, 4, and 5 of this
subpart; and
(2) The requirement to submit a compliance certification annually as
required under Sec. 63.1306(g).
(b) All slabstock affected sources. For slabstock affected sources,
failure to meet the requirements contained in Sec. 63.1294 shall be
considered a violation of this subpart. Violation of each item listed in
the paragraphs (b)(1) through (b)(6) of this section, as applicable,
shall be considered a separate violation.
(1) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(1), each unloading event that occurs
when the diisocyanate storage vessel is not equipped with a vapor return
line from the storage vessel to the tank truck or rail car, each
unloading event that occurs when the vapor line is not connected, each
unloading event that the vapor line is not inspected for leaks as
described in Sec. 63.1294(a)(1)(i), each unloading event that occurs
after a leak has been detected and not repaired, and each calendar day
after a leak is detected, but not repaired as soon as practicable;
(2) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(2), each unloading event that the
diisocyanate storage vessel is not equipped with a carbon adsorption
system, each unloading event (or each month if more than one unloading
event occurs in a month) that the carbon adsorption system is not
monitored for breakthrough in accordance with Sec. 63.1303(a)(3) or
(4), and each unloading event that occurs when the carbon is not
replaced after an indication of breakthrough;
(3) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(2) through the alternative monitoring
procedures in Sec. 63.1303(a)(2), each unloading event that the
diisocyanate storage vessel is not equipped with a carbon adsorption
system, each time that the carbon adsorption system is not monitored for
breakthrough in accordance with Sec. 63.1303(b)(1) or (2) at the
interval established in the design analysis, and each unloading event
that occurs when the carbon is not replaced after an indication of
breakthrough;
(4) For each affected source complying with Sec. 63.1294(b) in
accordance with Sec. 63.1294(b)(1), each calendar day that a transfer
pump in diisocyanate service is not a sealless pump;
(5) For each affected source complying with Sec. 63.1294(b) in
accordance with Sec. 63.1294(b)(2), each calendar day that a transfer
pump in diisocyanate service is not submerged as described in Sec.
63.1294(b)(2)(i), each week that the pump is not visually monitored for
leaks, each calendar day after 5 calendar days after detection of a leak
that a first attempt at repair has not been made in accordance with
Sec. 63.1294(b)(2)(iii)(B), and the earlier of each calendar day after
15 calendar
[[Page 276]]
days after detection of a leak that a leak is not repaired, or a leak is
not repaired as soon as practicable, each subsequent calendar day (with
the exception of situations meeting the criteria of Sec. 63.1294(d));
(6) For each affected source complying with Sec. 63.1294(c), each
calendar day after 5 calendar days after detection of a leak that a
first attempt at repair has not been made, and the earlier of each
calendar day after 15 calendar days after detection of a leak that a
leak is not repaired, or if a leak is not repaired as soon as
practicable, each subsequent calendar day (with the exception of
situations meeting the criteria of Sec. 63.1294(d)).
(c) Slabstock affected sources. For slabstock foam affected sources,
failure to meet the requirements contained in Sec. Sec. 63.1297 and
63.1298, respectively, shall be considered a violation of this subpart.
Violation of each item listed in the following paragraphs shall be
considered a separate violation.
(1) For each slabstock foam affected source subject to the
provisions in Sec. 63.1297, each calendar day that a HAP ABA or HAP-
based material is used as an ABA;
(2) For each slabstock foam affected source subject to the
provisions of Sec. 63.1298, each calendar day that a HAP-based material
is used as an equipment cleaner.
(d) Molded and rebond foam affected sources. For molded and rebond
foam affected sources, failure to meet the requirements contained in
Sec. 63.1300 and Sec. 63.1301, respectively, shall be considered a
violation of this subpart. Violation of each item listed in the
following paragraphs shall be considered a separate violation.
(1) For each molded foam affected source subject to the provisions
in Sec. 63.1300(a), each calendar day that a HAP-based material is used
as an equipment cleaner (except for diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance,
provided that the diisocyanate compounds are contained in a closed-loop
system and are re-used in production);
(2) For each molded foam affected source subject to the provisions
of Sec. 63.1300(b), each calendar day that a HAP-base material is used
as a mold release agent;
(3) For each rebond foam affected source subject to the provisions
of Sec. 63.1301(a), each calendar day that a HAP-based material is used
as an equipment cleaner; and
(4) For each rebond foam affected source complying with Sec.
63.1301(b), each calendar day that a HAP-based mold release agent is
used.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48089, Aug. 15, 2014]
Sec. 63.1309 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (5) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1290, 63.1291, 63.1293 through 63.1301, and 63.1305.
(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 37357, June 23, 2003, as amended at 79 FR 48089, Aug. 15, 2014]
[[Page 277]]
Sec. Appendix to Subpart III of Part 63--Tables: Note
For the convenience of the readers of subpart III, the tables below
summarize the requirements in Sec. Sec. 63.1290 to 63.1307. These
tables are intended to assist the reader in determining the requirements
applicable to affected sources and do not alter an affected source's
obligation to comply with the requirements in Sec. Sec. 63.1290 to
63.1307.
Sec. Table 1 to Subpart III of Part 63--Applicability of General
Provisions (40 CFR Part 63, Subpart A) to Subpart III
----------------------------------------------------------------------------------------------------------------
Applies to
Subpart A reference subpart III Comment
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.............................................. YES Except that Sec. 63.1(c)(2) is not
applicable to the extent area
sources are not subject to subpart
III.
Sec. 63.2.............................................. YES Definitions are modified and
supplemented by Sec. 63.1292.
Sec. 63.3.............................................. YES
Sec. 63.4.............................................. YES
Sec. 63.5.............................................. YES
Sec. 63.6(a)-(d)....................................... YES
Sec. 63.6(e)(1)(i)..................................... NO See Sec. 63.1290(d)(4) for general
duty requirement.
Sec. 63.6(e)(1)(ii).................................... NO
Sec. 63.6(e)(1)(iii)................................... YES
Sec. 63.6(e)(2)-(3).................................... NO
Sec. 63.6(f)(1)........................................ NO
Sec. 63.6(f)(2)-(3).................................... YES
Sec. 63.6(g)........................................... YES
Sec. 63.6(h)........................................... NO Subpart III does not require opacity
and visible emission standards.
Sec. 63.6 (i)-(j)...................................... YES
Sec. 63.7.............................................. NO Performance tests not required by
subpart III.
Sec. 63.8.............................................. NO Continuous monitoring, as defined in
subpart A, is not required by
subpart III.
Sec. 63.9 (a)-(d)...................................... YES
Sec. 63.9 (e)-(g)...................................... NO
Sec. 63.9(h)........................................... NO Subpart III specifies Notification of
Compliance Status requirements.
Sec. 63.9 (i)-(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 Sec. 63.1307(h) for
recordkeeping of (1) date, time and
duration; (2) listing of affected
source or equipment and an estimate
of the volume of each regulated
pollutant emitted over the standard;
and (3) actions to minimize
emissions and any actions taken at
the discretion of the owner or
operator to prevent recurrence of
the failure to meet an applicable
requirement.
Sec. 63.10(c).......................................... NO
Sec. 63.10(d)(1)....................................... YES
Sec. 63.10 (d) (2)-(3)................................. NO
Sec. 63.10(d)(4)....................................... YES
Sec. 63.10(d)(5)....................................... NO See Sec. 63.1306(f) for malfunction
reporting requirements.
Sec. 63.10(e).......................................... NO
Sec. 63.10(f).......................................... YES
Sec. 63.11............................................. YES
Sec. 63.12............................................. YES
Sec. 63.13............................................. YES
Sec. 63.14............................................. YES
Sec. 63.15............................................. YES
----------------------------------------------------------------------------------------------------------------
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]
[[Page 278]]
Sec. Table 3 to Subpart III of Part 63--Compliance Requirements for
Slabstock Foam Production Affected Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission, work
Emission point Emission point practice, and Monitoring Recordkeeping Reporting
compliance option equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec. Vapor balance......... Sec. 63.1294(a)(1) Sec. Sec. 63.1307(a)(1) Sec. 63.1306(e)(5).
63.1294(a) and (1)(ii). 63.1294(a)(1)(i). and (4).
Carbon adsorber....... Sec. 63.1294(a)(2).. Sec. 63.1303(a)(1), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
(3), and (4). (3)(i), and (3)(iii).
Carbon adsorber-- Sec. 63.1294(a)(2).. Sec. 63.1303(a)(2), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
alternative (3) and (4). (3)(ii), and
monitoring. (3)(iii).
Diisocyanate transfer pumps Sec. Sealless pump......... Sec. 63.1294(b)(1).. ..................... Sec. 63.1307 .....................
63.1294(b) (b)(1)(i) and (2).
Submerged pump........ Sec. Sec. 63.1294 Sec. 63.1307 Sec. 63.1306(e)(4).
63.1294(b)(2)(i) and (b)(2)(ii). (b)(1)(i), (2), and
(iii). (3).
Other components in diisocyanate N/A................... Sec. 63.1294(c)..... Sec. 63.1294(c).... Sec. 63.1307 Sec. 63.1306(e)(4).
service Sec. 63.1294(c). (b)(1)(i) and (3).
ABAs Sec. 63.1297................ N/A................... Sec. 63.1297........ ..................... Sec. 63.1307(e).... .....................
Equipment Cleaning Sec. 63.1298.. N/A................... Sec. 63.1298........ ..................... Sec. 63.1307(e).... .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014]
Sec. Table 3 to Subpart III of Part 63--Compliance Requirements for
Molded and Rebond Foam Production Affected Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission, work
Emission point Emission point practice, and Monitoring Recordkeeping Reporting
compliance option equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Molded Foam
Equipment cleaning................. N/A................... Sec. 63.1300(a)..... ..................... Sec. 63.1307(g).... .....................
Mold release agent................. N/A................... Sec. 63.1300(b)..... ..................... Sec. 63.1307 (h)... .....................
Rebond Foam
Equipment cleaning................. N/A................... Sec. 63.1301(a)..... ..................... Sec. 63.1307 (g)... .....................
Mold release agent................. N/A................... Sec. 63.1301(b)..... ..................... Sec. 63.1307 (h)... .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014]
Subpart JJJ_National Emission Standards for Hazardous Air Pollutant
Emissions: Group IV Polymers and Resins
Source: 61 FR 48229, Sept. 12, 1996, unless otherwise noted.
Sec. 63.1310 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (a)(4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source is defined in paragraph
(a)(2) of this section, and new affected source is defined in paragraph
(a)(3) of this section.
(2) An existing affected source is defined as each group of one or
more thermoplastic product process units (TPPU) and associated
equipment, as listed in paragraph (a)(4) of this section that is not
part of a new affected source, as defined in paragraph (a)(3) of this
section, that is manufacturing the same primary product, and that is
located at a plant site that is a major source.
(3) A new affected source is defined by the criteria in paragraph
(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation
described in paragraph (a)(3)(i) of this section is distinct from
[[Page 279]]
those situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of
this section and from any situation described in paragraph (i) of this
section.
(i) At a site without HAP emission points before March 29, 1995
(i.e., a ``greenfield'' site), each group of one or more TPPU and
associated equipment, as listed in paragraph (a)(4) of this section,
that is manufacturing the same primary product and that is part of a
major source on which construction commenced after March 29, 1995;
(ii) A group of one or more TPPU meeting the criteria in paragraph
(i)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (i)(2)(i) of this section.
(4) Emission points and equipment. The affected source also includes
the emission points and components specified in paragraphs (a)(4)(i)
through (vi) of this section that are associated with each applicable
group of one or more TPPU constituting an affected source.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Each process contact cooling tower used in the manufacture of
poly (ethylene terephthalate) resin (PET) that is associated with a new
affected source.
(v) Each process contact cooling tower used in the manufacture of
PET using a continuous terephthalic acid high viscosity multiple end
finisher process that is associated with an existing affected source.
(vi) Components required by, or utilized as a method of compliance
with, this subpart, which may include control devices and recovery
devices.
(5) TPPUs and associated equipment, as listed in paragraph (a)(4) of
this section, that are located at plant sites that are not major sources
are neither affected sources nor part of an affected source.
(b) TPPUs without organic HAP. The owner or operator of a TPPU that
is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section. Such a TPPU is not subject to any other provisions of this
subpart and is not required to comply with the provisions of subpart A
of this part.
(1) Retain information, data, and analyses used to document the
basis for the determination that the TPPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(2) When requested by the Administrator, demonstrate that the TPPU
does not use or manufacture any organic HAP.
(c) Emission points not subject to the provisions of this subpart.
The affected source includes the emission points listed in paragraphs
(c)(1) through (c)(9) of this section, but these emission points are not
subject to the requirements of this subpart or to the provisions of
subpart A of this part.
(1) Components and equipment that do not contain organic HAP and are
located within a TPPU that is part of an affected source;
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels and equipment storing and/or handling material that
contain no organic HAP and/or organic HAP as impurities only; and
(9) Equipment that is intended to operate in organic HAP service for
less than 300 hours during the calendar year.
(d) Processes excluded from the affected source. The processes
specified in paragraphs (d)(1) through (5) of this section are not part
of the affected source and are not subject to the requirements of both
this subpart and subpart A of this part:
(1) Research and development facilities;
(2) Polymerization processes occurring in a mold;
[[Page 280]]
(3) Processes which manufacture binder systems containing a
thermoplastic product for paints, coatings, or adhesives;
(4) Finishing processes including equipment such as compounding
units, spinning units, drawing units, extruding units, and other
finishing steps; and
(5) Solid state polymerization processes.
(e) Applicability determination of nonthermoplastic equipment
included within the boundaries of a TPPU. If a polymer that is not a
thermoplastic product is produced within the equipment (i.e.,
collocated) making up a TPPU and at least 50 percent of that polymer is
used in the production of a thermoplastic product manufactured by the
same TPPU, then the unit operations involved in the production of that
polymer are considered part of the TPPU and are subject to this subpart,
with the following exception. Any emission points from such unit
operations that are subject to another subpart of this part with an
effective date prior to September 5, 1996 shall remain subject to that
other subpart of this part and are not subject to this subpart.
(f) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce a
thermoplastic product shall determine if the process unit is subject to
this subpart in accordance with this paragraph. The owner or operator
shall initially determine whether a process unit is designated as a TPPU
and subject to the provisions of this subpart in accordance with either
paragraph (f)(1) or (f)(2) of this section. The owner or operator of a
flexible operation unit that was not initially designated as a TPPU, but
in which a thermoplastic product is produced, shall conduct an annual
re-determination of the applicability of this subpart in accordance with
paragraph (f)(3) of this section. Owners or operators that anticipate
the production of a thermoplastic product in a process unit that was not
initially designated as a TPPU, and in which no thermoplastic products
are currently produced, shall determine if the process unit is subject
to this subpart in accordance with paragraph (f)(4) of this section.
Paragraphs (f)(3) and (f)(5) through (f)(7) of this section discuss
compliance only for flexible operation units. Other paragraphs apply to
all process units, including flexible operation units, unless otherwise
noted. Paragraph (f)(8) of this section contains reporting requirements
associated with the applicability determinations. Paragraphs (f)(9) and
(f)(10) of this section describe criteria for removing the TPPU
designation from a process unit.
(1) Initial determination. The owner or operator shall initially
determine if a process unit is subject to the provisions of this subpart
based on the primary product of the process unit in accordance with
paragraphs (f)(1)(i) through (iii) of this section. If the process unit
never uses or manufactures any organic HAP, regardless of the outcome of
the primary product determination, the only requirements of this subpart
that might apply to the process unit are contained in paragraph (b) of
this section. If a flexible operation unit does not use or manufacture
any organic HAP during the manufacture of one or more products,
paragraph (f)(5)(i) of this section applies to that flexible operation
unit.
(i) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (f)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity on
a mass basis for two or more products, and if one of those products is a
thermoplastic product, then the thermoplastic product shall represent
the primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (f)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 12, 1996 at
[[Page 281]]
existing process units, or for the first year after the process unit
begins production of any product for new process units. If operations
cannot be anticipated sufficiently to allow the determination of the
primary product for the specified period, applicability shall be
determined (in accordance with paragraph (f)(2) of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified 5 year period for
existing process units, or the specified 1 year period for new process
units, then that product shall represent the primary product of the
flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified 5 year
period for existing process units, or the specified 1 year period for
new process units shall represent the primary product of the flexible
operation unit.
(iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is a thermoplastic
product, then that process unit shall be designated as a TPPU. That TPPU
and associated equipment, as listed in paragraph (a)(4) of this section
is either an affected source or part of an affected source comprised of
other TPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. If the primary product of a
process unit is determined to be a product that is not a thermoplastic
product, then that process unit is not a TPPU.
(2) If the primary product cannot be determined for a flexible
operation unit in accordance with paragraph (f)(1)(iii) of this section,
applicability shall be determined in accordance with this paragraph.
(i) If the owner or operator cannot determine the primary product in
accordance with paragraph (f)(1)(iii) of this section, but can determine
that a thermoplastic product is not the primary product, then that
flexible operation unit is not a TPPU.
(ii) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, and cannot
determine that a thermoplastic product is not the primary product as
specified in paragraph (f)(2)(i) of this section, applicability shall be
determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B)
of this section.
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as a TPPU if a thermoplastic
product was produced for 5 percent or greater of the total operating
time of the flexible operating unit since March 9, 1999. That TPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other TPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a flexible operation
unit that is designated as an TPPU in accordance with this paragraph,
the thermoplastic product produced for the greatest amount of time since
March 9, 1999 shall be designated as the primary product of the TPPU.
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as a TPPU if the owner or
operator anticipates that a thermoplastic product will be manufactured
in the flexible operation unit at any time in the first year after the
date the unit begins production of any product. That TPPU and associated
equipment, as listed in paragraph (a)(4) of this section, is either an
affected source, or part of an affected source comprised of other TPPU
and associated equipment, as listed in paragraph (a)(4) of this section,
subject to this subpart with the same primary product at the same plant
site that is a major source. For a process unit that is designated as a
TPPU in accordance with this paragraph, the thermoplastic product that
will be produced shall be designated as the primary product of the TPPU.
If more than one thermoplastic product will be produced, the owner or
[[Page 282]]
operator may select which thermoplastic product is designated as the
primary product.
(3) Annual applicability determination for non-TPPUs that have
produced a thermoplastic product. Once per year beginning September 12,
2001, the owner or operator of each flexible operation unit that is not
designated as a TPPU, but that has produced a thermoplastic product at
any time in the preceding 5-year period or since the date that the unit
began production of any product, whichever is shorter, shall perform the
evaluation described in paragraphs (f)(3)(i) through (f)(3)(iii) of this
section. However, an owner or operator that does not intend to produce
any thermoplastic product in the future, in accordance with paragraph
(f)(9) of this section, is not required to perform the evaluation
described in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating time
over which the product was produced during the preceding 5-year period.
(ii) The owner or operator shall identify the primary product as the
product with the highest percentage of total operating time for the
preceding 5-year period.
(iii) If the primary product identified in paragraph (f)(3)(ii) is a
thermoplastic product, the flexible operation unit shall be designated
as a TPPU. The owner or operator shall notify the Administrator no later
than 45 days after determining that the flexible operation unit is a
TPPU, and shall comply with the requirements of this subpart in
accordance with paragraph (i)(1) of this section for the flexible
operation unit.
(4) Applicability determination for non-TPPUs that have not produced
a thermoplastic product. The owner or operator that anticipates the
production of a thermoplastic product in a process unit that is not
designated as a TPPU, and in which no thermoplastic products have been
produced in the previous 5-year period or since the date that the
process unit began production of any product, whichever is shorter,
shall determine if the process unit is subject to this subpart in
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also,
owners or operators who have notified the Administrator that a process
unit is not a TPPU in accordance with paragraph (f)(9) of this section,
that now anticipate the production of a thermoplastic product in the
process unit, shall determine if the process unit is subject to this
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this
section.
(i) The owner or operator shall use the procedures in paragraph
(f)(1) or (f)(2) of this section to determine if the process unit is
designated as a TPPU, with the following exception: For existing process
units that are determining the primary product in accordance with
paragraph (f)(1)(iii) of this section, production shall be projected for
the five years following the date that the owner or operator anticipates
initiating the production of a thermoplastic product.
(ii) If the unit is designated as a TPPU in accordance with
paragraph (f)(4)(i) of this section, the owner or operator shall comply
in accordance with paragraph (i)(1) of this section.
(5) Compliance for flexible operation units. Owners or operators of
TPPUs that are flexible operation units shall comply with the standards
specified for the primary product, with the exceptions provided in
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
(i) Whenever a flexible operation unit manufactures a product in
which no organic HAP is used or manufactured, the owner or operator is
only required to comply with either paragraph (b)(1) or (b)(2) of this
section to demonstrate compliance for activities associated with the
manufacture of that product. This subpart does not require compliance
with the provisions of subpart A of this part for activities associated
with the manufacture of a product that meets the criteria of paragraph
(b) of this section.
(ii) Whenever a flexible operation unit manufactures a product that
makes it subject to subpart GGG of this part, the owner or operator is
not required to comply with the provisions of this subpart during the
production of that product.
[[Page 283]]
(6) Owners or operators of TPPUs that are flexible operation units
have the option of determining the group status of each emission point
associated with the flexible operation unit, in accordance with either
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception of
batch process vents. For batch process vents, the owner or operator
shall determine the group status in accordance with Sec. 63.1323.
(i) The owner or operator may determine the group status of each
emission point based on emission point characteristics when the primary
product is being manufactured. The criteria that shall be used for this
group determination are the Group 1 criteria specified for the primary
product.
(ii) The owner or operator may determine the group status of each
emission point separately for each product produced by the flexible
operation unit. For each product, the group status shall be determined
using the emission point characteristics when that product is being
manufactured and using the Group 1 criteria specified for the primary
product. (Note: Under this scenario, it is possible that the group
status, and therefore the requirement to achieve emission reductions,
for an emission point may change depending on the product being
manufactured.)
(7) Owners or operators determining the group status of emission
points in flexible operation units based solely on the primary product
in accordance with paragraph (f)(6)(i) of this section shall establish
parameter monitoring levels, as required, in accordance with either
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators
determining the group status of emission points in flexible operation
units based on each product in accordance with paragraph (f)(6)(ii) of
this section shall establish parameter monitoring levels, as required,
in accordance with paragraph (f)(7)(i) of this section.
(i) Establish separate parameter monitoring levels in accordance
with Sec. 63.1334(a) for each individual product.
(ii) Establish a single parameter monitoring level (for each
parameter required to be monitored at each device subject to monitoring
requirements) in accordance with Sec. 63.1334(a) that would apply for
all products.
(8) Reporting requirements. When it is determined that a process
unit is a TPPU and subject to the requirements of this subpart, the
Notification of Compliance Status required by Sec. 63.1335(e)(5) shall
include the information specified in paragraphs (f)(8)(i) and (f)(8)(ii)
of this section, as applicable. If it is determined that the process
unit is not subject to this subpart, the owner or operator shall either
retain all information, data, and analysis used to document the basis
for the determination that the primary product is not a thermoplastic
product, or, when requested by the Administrator, demonstrate that the
process unit is not subject to this subpart.
(i) If the TPPU manufactures only one thermoplastic product,
identification of that thermoplastic product.
(ii) If the TPPU is designed and operated as a flexible operation
unit, the information specified in paragraphs (f)(8)(ii)(A) through
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
(A) If a primary product could be determined, identification of the
primary product.
(B) Identification of which compliance option, either paragraph
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner
or operator.
(C) If the option to establish separate parameter monitoring levels
for each product in paragraph (f)(7)(i) of this section is selected, the
identification of each product and the corresponding parameter
monitoring level.
(D) If the option to establish a single parameter monitor level in
paragraph (f)(7)(ii) of this section is selected, the parameter
monitoring level for each parameter.
(9) TPPUs terminating production of all thermoplastic products. If a
TPPU terminates the production of all thermoplastic products and does
not anticipate the production of any thermoplastic products in the
future, the process unit is no longer a TPPU and is not subject to this
subpart after notification is made to the Administrator. This
notification shall be accompanied by a rationale for why it is
anticipated that no thermoplastic products will be produced in the
process unit in the future.
[[Page 284]]
(10) Redetermination of applicability to TPPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of a TPPU that is
operating as a flexible operation unit from a thermoplastic product to a
product that would make the process unit subject to another subpart of
this part, the owner or operator shall re-evaluate the status of the
process unit as a TPPU in accordance with paragraphs (f)(10)(i) through
(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating time
in which the product was produced for the preceding five-year period, or
since the date that the process unit began production of any product,
whichever is shorter.
(ii) The owner or operator shall identify the primary product as the
product with the highest percentage of total operating time for the
period.
(iii) If the conditions in (f)(10)(iii)(A) through (C) of this
section are met, the flexible operation unit shall no longer be
designated as a TPPU and shall no longer be subject to the provisions of
this subpart after the date that the process unit is required to be in
compliance with the provisions of the other subpart of this part to
which it is subject. If the conditions in paragraphs (f)(10)(iii)(A)
through (C) of this section are not met, the flexible operation unit
shall continue to be considered a TPPU and subject to the requirements
of this subpart.
(A) The product identified in (f)(10)(ii) of this section is not a
thermoplastic product; and
(B) The production of the product identified in (f)(10)(ii) of this
section is subject to another subpart of this part; and
(C) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(g) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (g)(1) through
(g)(7) of this section to determine to which process unit a storage
vessel shall be assigned. Paragraph (g)(8) of this section specifies
when an owner or operator is required to redetermine to which process
unit a storage vessel is assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on September 12, 1996, said storage vessel shall be assigned
to the process unit subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., said 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 a TPPU subject to this subpart, the storage vessel shall be
assigned to said TPPU.
(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 TPPUs that have different primary products and that are
subject to this subpart, then the owner or operator shall assign the
storage vessel to any one of the said TPPUs.
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 12, 1996 or based on
the expected utilization for the 5 years following September 12, 1996
for existing affected sources, whichever is more representative of the
expected operations for said storage vessel, and based on the expected
utilization for the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be reported
in the Notification of Compliance Status, as required by Sec.
63.1335(e)(5)(vi).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into, or receive
materials from the storage vessel, but the storage vessel is located in
a tank farm (including a marine tank farm), the applicability of
[[Page 285]]
this subpart shall be determined according to the provisions in
paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping both to the process unit and to the
storage vessel in the tank farm so that product or raw material entering
or leaving the process unit flows into (or from) the intervening storage
vessel and does not flow directly into (or from) the storage vessel in
the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of paragraph (g)(7)(i) of this section with respect to a
storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (g)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit.
(iv) If there are two or more process units at the major source that
meet the criteria of paragraph (g)(7)(i) of this section with respect to
a storage vessel, the storage vessel shall be assigned to one of those
process units according to the provisions of paragraphs (g)(3) through
(g)(6) of this section. The predominant use shall be determined among
only those process units that meet the criteria of paragraph (g)(7)(i)
of this section.
(8) If the storage vessel begins receiving material from (or sending
material to) a process unit that was not included in the initial
determination, or ceases to receive material from (or send material to)
a process unit, the owner or operator shall re-evaluate the
applicability of this subpart to the storage vessel.
(h) Recovery operations equipment ownership determination. The owner
or operator shall follow the procedures specified in paragraphs (h)(1)
through (h)(6) of this section to determine to which process unit
recovery operations equipment shall be assigned. Paragraph (h)(7) of
this section specifies when an owner or operator is required to
redetermine to which process unit the recovery operations equipment is
assigned.
(1) If recovery operations equipment is already subject to another
subpart of 40 CFR part 63 on September 12, 1996, said recovery
operations equipment shall be assigned to the process unit subject to
the other subpart.
(2) If recovery operations equipment is dedicated to a single
process unit, the recovery operations equipment shall be assigned to
that process unit.
(3) If recovery operations equipment is shared among process units,
then the recovery operations equipment shall be assigned to that process
unit located on the same plant site as the recovery operations equipment
that has the greatest input into or output from the recovery operations
equipment (i.e., said process unit has the predominant use of the
recovery operations equipment).
(4) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if one of those process
units is a TPPU subject to this subpart, the recovery operations
equipment shall be assigned to said TPPU.
(5) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if more than one of the
process units are TPPUs that have different primary products and that
are subject to this subpart, then the owner or operator shall assign the
recovery operations equipment to any one of said TPPUs.
(6) If the predominant use of recovery operations equipment varies
from year to year, then predominant use shall be determined based on the
utilization that occurred during the year preceding September 12, 1996
or based on the expected utilization for the 5 years following September
12, 1996 for existing affected sources, whichever is the more
representative of the expected operations for said recovery operations
equipment, and based on the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be reported
in
[[Page 286]]
the Notification of Compliance Status, as required by Sec.
63.1335(e)(5)(vii).
(7) If a piece of recovery operations equipment begins receiving
material from a process unit that was not included in the initial
determination, or ceases to receive material from a process unit that
was included in the initial determination, the owner or operator shall
reevaluate the applicability of this subpart to that recovery operations
equipment.
(i) Changes or additions to plant sites. The provisions of
paragraphs (i)(1) through (i)(4) of this section apply to owners or
operators that change or add to their plant site or affected source.
Paragraph (i)(5) of this section provides examples of what are and are
not considered process changes for purposes of this paragraph (i) of
this section. Paragraph (i)(6) of this section discusses reporting
requirements.
(1) Adding a TPPU to a plant site. The provisions of paragraphs
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators
that add one or more TPPUs to a plant site.
(i) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, the added group of one or more TPPUs
and associated equipment, as listed in paragraph (a)(4) of this section,
shall be a new affected source and shall comply with the requirements
for a new affected source in this subpart upon initial start-up or by
June 19, 2000, whichever is later, except that new affected sources
whose primary product, as determined using the procedures specified in
paragraph (f) of this section, is poly(ethylene terephthalate) (PET)
shall be in compliance with Sec. 63.1331 upon initial start-up or
February 27, 2001, whichever is later, if the added group of one or more
TPPUs meets the criteria in either paragraph (i)(1)(i)(A) or
(i)(1)(i)(B) of this section, and the criteria in either paragraph
(i)(1)(i)(C) or (i)(1)(i)(D) of this section are met.
(A) The construction of the group of one or more TPPUs commenced
after March 29, 1995.
(B) The construction or reconstruction, for process units that have
become TPPUs, commenced after March 29, 1995.
(C) The group of one or more TPPUs and associated equipment, as
listed in paragraph (a)(4) of this section, has the potential to emit 10
tons per year or more of any HAP or 25 tons per year or more of any
combination of HAP, and the primary product of the group of one or more
TPPUs is currently produced at the plant site as the primary product of
an affected source; or
(D) The primary product of the group of one or more TPPUs is not
currently produced at the plant site as the primary product of an
affected source and the plant site meets, or after the addition of the
group of one or more TPPUs and associated equipment, as listed in
paragraph (a)(4) of this section, will meet the definition of a major
source.
(ii) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, and the group of one or more TPPUs
does not meet the criteria specified in paragraph (i)(1)(i) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the group of one or more TPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall comply with the requirements for an existing affected source in
this subpart upon initial start-up; by June 19, 2001; or by 6 months
after notifying the Administrator that a process unit has been
designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this
section), whichever is later.
(2) Adding emission points or making process changes to existing
affected sources. The provisions of paragraphs (i)(2)(i) through
(i)(2)(ii) of this section apply to owners or operators that add
emission points or make process changes to an existing affected source.
(i) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) through
(i)(2)(i)(B) of this section are met, the entire affected source shall
be a new affected source and shall comply with the requirements for a
new affected source upon initial start-up or by June 19, 2000, whichever
is later, as provided in Sec. 63.6(b), except that new affected sources
whose primary product is poly(ethylene terephthalate) (PET) shall be in
compliance with Sec. 63.1331
[[Page 287]]
upon initial start-up or by February 27, 2001, whichever is later.
(A) The replacement of components meets the definition of
reconstruction in Sec. 63.1312(b); and
(B) Such reconstruction commenced after March 29, 1995.
(ii) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) through
(i)(2)(i)(B) of this section are not met, and that replacement of
components creates one or more Group 1 emission points (i.e., either
newly created Group 1 emission points or emission points that change
group status from Group 2 to Group 1) or causes any other emission point
to be added (i.e., Group 2 emission points, equipment leak components
subject to Sec. 63.1331, continuous process vents subject to Sec. Sec.
63.1316 through 63.1320, and heat exchange systems subject to Sec.
63.1328), the resulting emission point(s) shall be subject to the
applicable requirements for an existing affected source. The resulting
emission points shall be in compliance by 120 days after the date of
initial start-up or by the appropriate compliance date specified in
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak
components subject to Sec. 63.1331, and June 19, 2001 for most emission
points other than equipment leaks), whichever is later.
(iii) If an addition or process change (not including a process
change that solely replaces components) is made to an existing affected
source that creates one or more Group 1 emission points (i.e., either
newly created Group 1 emission points or emission points that change
group status from Group 2 to Group 1) or causes any other emission point
to be added (i.e., Group 2 emission points, equipment leak components
subject to Sec. 63.1331, continuous process vents subject to Sec. Sec.
63.1316 through 63.1320, and heat exchange systems subject to Sec.
63.1328), the resulting emission point(s) shall be subject to the
applicable requirements for an existing affected source. The resulting
emission point(s) shall be in compliance by 120 days after the date of
initial start-up or by the appropriate compliance date specified in
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak
components subject to Sec. 63.1331, and June 19, 2001 for most emission
points other than equipment leaks), whichever is later.
(iv) If any process change (not including a process change that
solely replaces components) is made to an existing affected source that
results in baseline emissions (i.e., emissions prior to applying
controls for purposes of complying with this subpart) from continuous
process vents in the collection of material recovery sections within the
affected source at an existing affected source producing PET using a
continuous dimethyl terephthalate process changing from less than or
equal to 0.12 kg organic HAP per Mg of product to greater than 0.12 kg
organic HAP per Mg of product, the continuous process vents shall be
subject to the applicable requirements for an existing affected source.
The resulting emission point(s) shall be in compliance by 120 days after
the date of initial start-up or by June 19, 2001, whichever is later.
(3) Existing affected source requirements for surge control vessels
and bottoms receivers that become subject to subpart H requirements. If
a process change or addition of an emission point causes a surge control
vessel or bottoms receiver to become subject to Sec. 63.170 under this
paragraph (i), the owner or operator shall be in compliance upon initial
start-up or by June 19, 2001, whichever is later.
(4) Existing affected source requirements for compressors that
become subject to the requirements of subpart H of this part. If a
process change or the addition of an emission point causes a compressor
to become subject to Sec. 63.164 under this paragraph (i), the owner or
operator shall be in compliance upon initial start-up or by the
compliance date for that compressor as specified in Sec. 63.1311(d)(1)
through (d)(4), whichever is later.
(5) Determining what are and are not process changes. For purposes
of paragraph (i) of this section, examples of process changes include,
but are not limited to, changes in feedstock type, or process catalyst
type, or the replacement, removal, or addition of recovery equipment, or
equipment changes that increase production capacity. For purposes of
paragraph (i) of
[[Page 288]]
this section, process changes do not include: Process upsets,
unintentional temporary process changes, and changes that do not alter
the equipment configuration and operating conditions.
(6) Reporting requirements for owners or operators that change or
add to their plant site or affected source. Owners or operators that
change or add to their plant site or affected source, as discussed in
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as
specified in Sec. 63.1335(e)(7)(iv).
(j) Applicability of this subpart. (1) The emission limitations set
forth in this subpart and the emission limitations referred to in this
subpart shall apply at all times except during periods of non-operation
of the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies.
(2) The emission limitations set forth in subpart H of this part, as
referred to in Sec. 63.1331, shall apply at all times except during
periods of non-operation of the affected source (or specific portion
thereof) in which the lines are drained and depressurized, resulting in
cessation of the emissions to which Sec. 63.1331 applies.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
times when emissions (or, where applicable, wastewater streams or
residuals) are being routed to such items of equipment, if the shutdown
would contravene requirements of this subpart applicable to such items
of equipment.
(4) General duty. 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. 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 the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements 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.
(k) Affirmative defense for violation of emission standards during
malfunction. 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 malfunction, as defined at Sec. 63.2. Appropriate penalties
may be assessed if the owner or operator fails to meet their burden of
proving all of the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
(1) Assertion of affirmative defense. To establish the affirmative
defense in any action to enforce such a standard, the owner or operator
must timely meet the reporting requirements in paragraph (k)(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
(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; 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
[[Page 289]]
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 explains how it has met the
requirements set forth in paragraph (k)(1) of this section. This
affirmative defense report shall be included in the first periodic
compliance report, 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 report, 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
report, deviation report, or excess emission report due after the
initial occurrence of the violation of the relevant standard.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38094, June 19, 2000;
66 FR 36937, July 16, 2001; 71 FR 20460, Apr. 20, 2006; 79 FR 17363,
Mar. 27, 2014]
Sec. 63.1311 Compliance dates and relationship of this subpart
to existing applicable rules.
(a) Affected sources are required to achieve compliance on or before
the dates specified in paragraphs (b) through (d) of this section.
Paragraph (e) of this section provides information on requesting
compliance extensions. Paragraphs (f) through (n) of this section
discuss the relationship of this subpart to subpart A of this part and
to other applicable rules. Where an override of another authority of the
Act is indicated in this subpart, only compliance with the provisions of
this subpart is required. Paragraph (o) of this section specifies the
meaning of time periods.
(b) New affected sources that commence construction or
reconstruction after March 29, 1995 shall be in compliance with this
subpart (except Sec. 63.1331(a)(9)(iii)) upon initial start-up or by
June 19, 2000, whichever is later, except that new affected sources
whose primary product, as determined using the procedures specified in
Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331
(except Sec. 63.1331(a)(9)(iii)) upon initial start-up or August 6,
2002, whichever is later. New affected sources that commenced
construction or reconstruction after March 25, 1995, but on or before
January 9, 2012, shall be in compliance with the pressure relief device
monitoring requirements of Sec. 63.1331(a)(9)(iii) no later than March
27, 2017. New affected sources that commenced construction or
reconstruction after January 9, 2012, shall be in compliance with the
pressure relief device monitoring requirements of Sec.
63.1331(a)(9)(iii) upon initial startup or by March 27, 2014, whichever
is later.
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.1331 for which compliance is covered by
paragraph (d) of this section) no later than June 19, 2001, as provided
in Sec. 63.6(c), unless an extension has been granted as specified in
paragraph (e) of this section, except that the compliance date for the
provisions contained in Sec. 63.1329 is extended to March 27, 2014, for
existing affected
[[Page 290]]
sources whose primary product, as determined using the procedures
specified in Sec. 63.1310(f), is PET using a continuous terephthalic
acid high viscosity multiple end finisher process.
(d) Except as provided for in paragraphs (d)(1) through (7) of this
section, existing affected sources shall be in compliance with Sec.
63.1331 no later than June 19, 2001, unless an extension has been
granted pursuant to paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than February 27, 1998, for any compressor meeting one or
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this
section, if the work can be accomplished without a process unit
shutdown:
(i) The seal system will be replaced;
(ii) A barrier fluid system will be installed;
(iii) A new barrier fluid will be utilized which requires changes to
the existing barrier fluid system; or
(iv) The compressor will be modified to permit connecting the
compressor to a fuel gas system or a closed vent system or modified so
that emissions from the compressor can be routed to a process.
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than March 12, 1998 for any compressor meeting all the
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section:
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
(ii) The work can be accomplished without a process unit shutdown ;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator; and
(iv) The owner or operator submits the request for a compliance
extension to the appropriate Environmental Protection Agency (EPA)
Regional Office at the address listed in Sec. 63.13 no later than June
16, 1997. The request for a compliance extension shall contain the
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D). Unless
the EPA Regional Office objects to the request for a compliance
extension within 30 days after receipt of the request, the request shall
be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, the owner
or operator shall achieve compliance no later than September 12, 1998.
The owner or operator who elects to use this provision shall submit a
request for a compliance extension in accordance with the requirements
of paragraph (d)(2)(iv) of this section.
(4) Compliance with the compressor provisions of Sec. 63.164 shall
occur not later than September 12, 1999 for any compressor meeting one
or more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of
this section. The owner or operator who elects to use these provisions
shall submit a request for an extension of compliance in accordance with
the requirements of paragraph (d)(2)(iv) of this section.
(i) Compliance cannot be achieved without replacing the compressor;
(ii) Compliance cannot be achieved without recasting the distance
piece; or
(iii) Design modifications are required to connect to a closed-vent
or recovery system.
(5) Compliance with the provisions of Sec. 63.170 shall occur no
later than June 19, 2001.
(6) Notwithstanding paragraphs (d)(1) through (5) of this section,
existing affected sources whose primary product, as determined using the
procedures specified in Sec. 63.1310(f), is PET shall be in compliance
with Sec. 63.1331 (except Sec. 63.1331(a)(9)(iii)) no later than
August 6, 2002.
(7) Compliance with the pressure relief device monitoring provisions
of Sec. 63.1331(a)(9)(iii) shall occur no later than March 27, 2017.
(e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing affected source
up to 1 additional year to comply with Section 112(d) standards. For
purposes of this subpart, a request for an extension shall be submitted
to the permitting authority as part of the operating permit application
or to the Administrator as a separate submittal or as part of the
[[Page 291]]
Precompliance Report. Requests for extensions shall be submitted no
later than 120 days prior to the compliance dates specified in
paragraphs (b) through (d) of this section, or as specified elsewhere in
this subpart, except as provided in paragraph (e)(3) of this section.
The dates specified in Sec. 63.6(i) for submittal of requests for
extensions shall not apply to this subpart.
(1) A request for an extension of compliance shall include the data
described in Sec. 63.6(i)(6)(i) (A),(B), and (D).
(2) The requirements in Sec. 63.6(i)(8) through Sec. 63.6(i)(14)
shall govern the review and approval of requests for extensions of
compliance with this subpart.
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided that
the need for the compliance extension arose after that date, and the
need arose due to circumstances beyond reasonable control of the owner
or operator. This request shall include, in addition to the information
specified in paragraph (e)(1) of this section, a statement of the
reasons additional time is needed and the date when the owner or
operator first learned of the circumstances necessitating a request for
compliance extension under this paragraph (e)(3).
(f) Table 1 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 affected sources subject to this subpart.
(g)(1) After the compliance dates specified in this section, an
affected source subject to this subpart that is also subject to the
provisions of subpart I of this part, is required to comply only with
the provisions of this subpart. After the compliance dates specified in
this section, said affected source shall no longer be subject to subpart
I of this part.
(2) Said affected sources that elected to comply with subpart I of
this part through a quality improvement program, as specified in Sec.
63.175 or Sec. 63.176 or both, may elect to continue these programs
without interruption as a means of complying with this subpart. In other
words, becoming subject to this subpart does not restart or reset the
``compliance clock'' as it relates to reduced burden earned through a
quality improvement program.
(h) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
and that is also subject to the provisions of 40 CFR part 60, subpart
Kb, is required to comply only with the provisions of this subpart.
After the compliance dates specified in this section, said storage
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
(i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this
section, after the compliance dates specified in this section, affected
sources producing PET using a continuous terephthalic acid process,
producing PET using a continuous dimethyl terephthalate process, or
producing polystyrene resin using a continuous process subject to this
subpart that are also subject to the provisions of 40 CFR part 60,
subpart DDD, are required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, said
sources shall no longer be subject to 40 CFR part 60, subpart DDD.
(2) Existing affected sources producing PET using a continuous
terephthalic acid high viscosity multiple end finisher process shall
continue to be subject to 40 CFR 60.562-1(c)(2)(ii)(C). Once said
affected source becomes subject to and achieves compliance with Sec.
63.1329(c) of this subpart, said affected source is no longer subject to
the provisions of 40 CFR part 60, subpart DDD.
(3) Existing affected sources producing PET using a continuous
terephthalic acid process, but not using a continuous terephthalic acid
high viscosity multiple end finisher process, that are subject to and
complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply
with said section. Existing affected sources producing PET using a
continuous dimethyl terephthalic process that are subject to and
complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply
with said section.
(j) Owners or operators of affected sources subject to this subpart
that are also subject to the provisions of subpart Q of this part shall
comply with both subparts.
[[Page 292]]
(k) After the compliance dates specified in this section, an
affected source subject to this subpart that is also subject to the
provisions of 40 CFR part 60, subpart VV, is required to comply only
with the provisions of this subpart. After the compliance dates
specified in this section, said source shall no longer be subject to 40
CFR part 60, subpart VV.
(l) After the compliance dates specified in this section, a
distillation operation that is assigned to an affected source subject to
this subpart that is also subject to the provisions of 40 CFR part 60,
subpart NNN, is required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, the
distillation operation shall no longer be subject to 40 CFR part 60,
subpart NNN.
(m) Applicability of other regulations for monitoring, recordkeeping
or reporting with respect to combustion devices, recovery devices, or
recapture devices. After the compliance dates specified in this subpart,
if any combustion device, recovery device or recapture device subject to
this subpart is also subject to monitoring, recordkeeping, and reporting
requirements in 40 CFR part 264 subpart AA or CC, or is subject to
monitoring and recordkeeping requirements in 40 CFR part 265 subpart AA
or CC and the owner or operator complies with the periodic reporting
requirements under 40 CFR part 264 subpart AA or CC that would apply to
the device if the facility had final-permitted status, the owner or
operator may elect to comply either with the monitoring, recordkeeping
and reporting requirements of this subpart, or with the monitoring,
recordkeeping and reporting requirements in 40 CFR parts 264 and/or 265,
as described in this paragraph, which shall constitute compliance with
the monitoring, recordkeeping and reporting requirements of this
subpart. The owner or operator shall identify which option has been
selected in the Notification of Compliance Status required by Sec.
63.1335(e)(5).
(n) Applicability of other requirements for heat exchange systems or
waste management units. Paragraphs (n)(1) and (n)(2) of this section
address instances in which certain requirements from other regulations
also apply for the same heat exchange system(s) or waste management
unit(s) that are subject to this subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraphs (n)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraphs (n)(1)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that heat
exchange system.
(i) Subpart F of this part.
(ii) A subpart of this part which requires compliance with Sec.
63.104 (e.g., subpart U of this part).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (n)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (n)(2)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that
waste management unit.
(i) Subpart G of this part.
(ii) A subpart of this part which requires compliance with
Sec. Sec. 63.132 through 63.147.
(o) All terms in this subpart that define a period of time for
completion of required tasks (e.g., weekly, monthly, quarterly, annual),
unless specified otherwise in the section or paragraph that imposes the
requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by mutual
agreement between the owner or operator and the Administrator, as
specified in subpart A of this part (e.g., a period could begin on the
compliance date or another date, rather than on the first day of the
standard calendar period). For each time period that is changed by
agreement, the revised period shall remain in effect until it is
changed. A new request is not necessary for each recurring period.
[[Page 293]]
(2) Where the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of the
period, compliance shall be required according to the schedule specified
in paragraphs (o)(2)(i) or (o)(2)(ii) of this section, as appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 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 of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
[61 FR 48229, Sept. 12, 1996, as amended at 62 FR 1838, Jan. 14, 1997;
62 FR 30995, June 6, 1997; 63 FR 9945, Feb. 27, 1998; 63 FR 15315, Mar.
31, 1998; 64 FR 11547, Mar. 9, 1999; 64 FR 30409, June 8, 1999; 64 FR
35028, June 30, 1999; 65 FR 38100, June 19, 2000; 66 FR 11236, Feb. 23,
2001; 66 FR 11546, Feb. 26, 2001; 66 FR 36937, July 16, 2001; 66 FR
40907, Aug. 6, 2001; 79 FR 17364, Mar. 27, 2014]
Sec. 63.1312 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or
the Act, as specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
First attempt at repair (Sec. 63.161)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service or in organic HAP service
(Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Pressure relief device or valve (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
[[Page 294]]
(b) All other terms used in this subpart shall have the meaning
given them in this section. If a term is defined in Sec. 63.2, Sec.
63.101, Sec. 63.111, or Sec. 63.161 and in this section, it shall have
the meaning given in this section for purposes of this subpart.
Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS
produced through an emulsion process; however, the product is not
coagulated or dried as typically occurs in an emulsion process.
Acrylonitrile butadiene styrene resin (ABS) means styrenic
terpolymers consisting primarily of acrylonitrile, 1,3-butadiene, and
styrene monomer units. ABS is usually composed of a styrene-
acrylonitrile copolymer continuous phase with dispersed butadiene
derived rubber.
Acrylonitrile styrene acrylate resin (ASA) means a resin formed
using acrylic ester-based elastomers to impact-modify styrene
acrylonitrile resin matrices.
Affected source is defined in Sec. 63.1310(a).
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.
Aggregate batch vent stream means a gaseous emission stream
containing only the exhausts from two or more batch process vents that
are ducted, hardpiped, or otherwise connected together for a continuous
flow.
Alpha methyl styrene acrylonitrile resin (AMSAN) means copolymers
consisting primarily of alpha methyl styrene and acrylonitrile.
Annual average batch vent concentration is determined using Equation
1, as described in Sec. 63.1323(h)(2) for halogenated compounds.
Annual average batch vent flow rate is determined by the procedures
in Sec. 63.1323(e)(3).
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b), with the
exceptions noted in Sec. 63.1330, for the purposes of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c), with the exceptions noted in
Sec. 63.1330, for the purposes of this subpart.
Average batch vent concentration is determined by the procedures in
Sec. 63.1323(b)(5)(iii) for HAP concentrations and is determined by the
procedures in Sec. 63.1323(h)(1)(iii) for organic compounds containing
halogens and hydrogen halides.
Average batch vent flow rate is determined by the procedures in
Sec. 63.1323(e)(1) and (e)(2).
Batch cycle means the operational step or steps, from start to
finish, that occur as part of a batch unit operation.
Batch emission episode means a discrete emission venting episode
associated with a single batch unit operation. Multiple batch emission
episodes may occur from a single batch unit operation.
Batch mass input limitation means an enforceable restriction on the
total mass of HAP or material that can be input to a batch unit
operation in one year.
Batch mode means the discontinuous bulk movement of material through
a unit operation. Mass, temperature, concentration, and other properties
may vary with time. For a unit operation operated in a batch mode (i.e.,
batch unit operation), the addition of material and withdrawal of
material do not typically occur simultaneously.
Batch process means, for the purposes of this subpart, a process
where the reactor(s) is operated in a batch mode.
Batch process vent means a process vent with annual organic HAP
emissions greater than 225 kilograms per year from a batch unit
operation within an affected source. Annual organic HAP emissions are
determined as specified in Sec. 63.1323(b) at the location specified in
Sec. 63.1323(a)(2).
Batch unit operation means a unit operation operated in a batch
mode.
Combined vent stream, as used in reference to batch process vents,
continuous process vents, and aggregate
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batch vent streams, means the emissions from a combination of two or
more of the aforementioned types of process vents. The primary
occurrence of a combined vent stream is the combined emissions from a
continuous process vent and a batch process vent.
Combustion device burner means a device designed to mix and ignite
fuel and air to provide a flame to heat and oxidize waste organic vapors
in a combustion device.
Compounding unit means a unit operation which blends, melts, and
resolidifies solid polymers for the purpose of incorporating additives,
colorants, or stabilizers into the final thermoplastic product. A unit
operation whose primary purpose is to remove residual monomers from
polymers is not a compounding unit.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or combination
of process units which subsequently becomes an affected source or part
of an affected source, due to a change in primary product.
Continuous mode means the continuous movement of material through a
unit operation. Mass, temperature, concentration, and other properties
typically approach steady-state conditions. For a unit operation
operated in a continuous mode (i.e., continuous unit operation), the
simultaneous addition of raw material and withdrawal of product is
typical.
Continuous process means, for the purposes of this subpart, a
process where the reactor(s) is operated in a continuous mode.
Continuous process vent means a process vent containing greater than
0.005 weight percent total organic HAP from a continuous unit operation
within an affected source. The total organic HAP weight percent is
determined after the last recovery device, as described in Sec.
63.115(a), and is determined as specified in Sec. 63.115(c).
Continuous 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. 63.1335(d) or
Sec. 63.1335(h).
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 1-hour or more frequent block average values.
Continuous unit operation means a unit operation operated in a
continuous mode.
Control device is defined in Sec. 63.111, except that the term
``continuous process vents subject to Sec. 63.1315'' shall apply
instead of the term ``process vents,'' for the purpose of this subpart.
Drawing unit means a unit operation which converts polymer into a
different shape by melting or mixing the polymer and then pulling it
through an orifice to create a continuously extruded product.
Emission point means an individual continuous process vent, batch
process vent, storage vessel, waste management unit, equipment leak,
heat exchange system, or process contact cooling tower, or equipment
subject to Sec. 63.149.
Emulsion process means a process where the monomer(s) is dispersed
in droplets throughout the water phase with the aid of an emulsifying
agent such as soap or a synthetic emulsifier. The polymerization occurs
either within the emulsion droplet or in the aqueous phase.
Equipment means, for the purposes of the provisions in Sec. 63.1331
and the requirements in subpart H that are referred to in Sec. 63.1331,
each pump, compressor, agitator, pressure relief device, sampling
connection system, open-ended valve or line, valve, connector, surge
control vessel, bottoms receiver, and instrumentation system in organic
hazardous air pollutant service; and any control devices or systems
required by subpart H of this part.
Existing affected source is defined in Sec. 63.1310(a)(3).
Existing process unit means any process unit that is not a new
process unit.
Expandable polystyrene resin (EPS) means a polystyrene bead to which
a blowing agent has been added using either an in-situ suspension
process or a post-impregnation suspension process.
Extruding unit means a unit operation which converts polymer into a
different shape by melting or mixing the polymer and then forcing it
through an
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orifice to create a continuously extruded product.
Flexible operation unit means a process unit that manufactures
different chemical products, polymers, or resins periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Group 1 batch process vent means a batch process vent releasing
annual organic HAP emissions greater than the level specified in Sec.
63.1323(d) and with a cutoff flow rate, calculated in accordance with
Sec. 63.1323(f), greater than or equal to the annual average batch vent
flow rate. Annual organic HAP emissions and annual average batch vent
flow rate are determined at the exit of the batch unit operation, as
described in Sec. 63.1323(a)(2). Annual organic HAP emissions are
determined as specified in Sec. 63.1323(b), and annual average batch
vent flow rate is determined as specified in Sec. 63.1323(e).
Group 2 batch process vent means a batch process vent that does not
fall within the definition of a Group 1 batch process vent.
Group 1 continuous process vent means a continuous process vent
releasing a gaseous emission stream that has a total resource
effectiveness index value, calculated according to Sec. 63.115, less
than or equal to 1.0 unless the continuous process vent is associated
with existing thermoplastic product process units that produce methyl
methacrylate butadiene styrene resin, then said vent falls within the
Group 1 definition if the released emission stream has a total resource
effectiveness index value less than or equal to 3.7.
Group 2 continuous process vent means a continuous process vent that
does not fall within the definition of a Group 1 continuous process
vent.
Group 1 storage vessel means a storage vessel at an existing
affected source that meets the applicability criteria specified in Table
2 or Table 3 of this subpart, or a storage vessel at a new affected
source that meets the applicability criteria specified in Table 4 or
Table 5 of this subpart.
Group 2 storage vessel means a storage vessel that does not fall
within the definition of a Group 1 storage vessel.
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater from an existing or new affected source that meets
the criteria for Group 1 status in Sec. 63.132(c) and/or that meets the
criteria for Group 1 status in Sec. 63.132(d), with the exceptions
listed in Sec. 63.1330(b)(8) for the purposes of this subpart (i.e.,
for organic HAP as defined in this section).
Group 2 wastewater stream means any process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
Halogenated aggregate batch vent stream means an aggregate batch
vent stream determined to have a total mass emission rate of halogen
atoms contained in organic compounds of 3,750 kilograms per year or
greater determined by the procedures specified in Sec. 63.1323(h).
Halogenated batch process vent means a batch process vent determined
to have a mass emission rate of halogen atoms contained in organic
compounds of 3,750 kilograms per year or greater determined by the
procedures specified in Sec. 63.1323(h).
Halogenated continuous process vent means a continuous process vent
determined to have a mass emission rate of halogen atoms contained in
organic compounds of 0.45 kilograms per hour or greater determined by
the procedures specified in Sec. 63.115(d)(2)(v).
Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water) designed and intended
to operate to not allow contact between the cooling medium and process
fluid or gases (i.e., a noncontact system). A heat exchange system can
include more than one heat exchanger and can include recirculating or
once-through cooling systems.
Highest-HAP recipe for a product means the recipe of the product
with the highest total mass of HAP charged to the reactor during the
production of a single batch of product.
Initial start-up means the first time a new or reconstructed
affected source begins production of a thermoplastic product, or, for
equipment added or changed as described in Sec. 63.1310(i), the first
time the equipment is put into operation to produce a thermoplastic
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product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not include subsequent start-ups of an
affected source or portion thereof following malfunctions or shutdowns
or following changes in product for flexible operation units or
following recharging of equipment in batch operation. Further, for
purposes of Sec. 63.1311 and Sec. 63.1331, initial start-up does not
include subsequent start-ups of affected sources or portions thereof
following malfunctions or process unit shutdowns.
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``thermoplastic product process unit'' shall apply wherever the
term ``chemical manufacturing process unit'' is used. Further, the
generation of wastewater from the routine rinsing or washing of
equipment in batch operation between batches is not maintenance
wastewater, but is considered to be process wastewater, for the purposes
of this subpart.
Mass process means a polymerization process carried out through the
use of thermal energy. Mass processes do not utilize emulsifying or
suspending agents, but may utilize catalysts or other additives.
Material recovery section means, for PET plants, the equipment that
recovers by-product methanol from any process section for use, reuse, or
sale, or the equipment that separates materials containing by-product
methanol from any process section for off-site purification or treatment
with the intent to recover methanol for reuse. For polystyrene plants,
material recovery section means the equipment that recovers unreacted
styrene from any process section for use, reuse, or sale, or the
equipment that separates materials containing unreacted styrene from any
process section for off-site purification or treatment with the intent
to recover styrene for reuse. Equipment used to store recovered
materials (i.e., ethylene glycol, methanol, or styrene) is not included.
Equipment designed to recover or separate materials from the polymer
product is to be included in this process section, provided that at the
time of initial compliance some of the unreacted or by-product material
is recovered for return to the TPPU, or sale, or provided that some of
the separated material is sent for off-site purification or treatment
with the intent to recover the unreacted or by-product material for
reuse. Otherwise, such equipment is to be assigned to one of the other
process sections, as appropriate. If equipment is used to recover
unreacted or by-product material and return it directly to the same
piece of process equipment from which it was emitted, then that recovery
equipment is considered part of the process section that contains the
process equipment. On the other hand, if equipment is used to recover
unreacted or by-product material and return it to a different piece of
process equipment in the same process section, that recovery equipment
is considered part of a material recovery section. Equipment used for
the on-site recovery of ethylene glycol from PET plants, however, is not
included in the material recovery section; such equipment is to be
included in the polymerization reaction section. Equipment used for the
on-site recovery of both ethylene glycol and any other materials from
PET plants is not included in the material recovery section; this
equipment is to be included in the polymerization reaction section. Such
equipment includes both contact and non-contact condensers removing
ethylene glycol from vapor streams coming out of polymerization vessels.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' or ``transferred'' shall not apply for purposes
of this subpart.
Methyl methacrylate acrylonitrile butadiene styrene resin (MABS)
means styrenic polymers containing methyl methacrylate, acrylonitrile,
butadiene, and styrene. MABS is prepared by dissolving or dispersing
polybutadiene rubber in a mixture of methyl methacrylate-acrylonitrile-
styrene and butadiene monomer. The graft polymerization is carried out
by a bulk or a suspension process.
Methyl methacrylate butadiene styrene resin (MBS) means styrenic
polymers containing methyl methacrylate, butadiene, and styrene.
Production of MBS is achieved using an emulsion process
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in which methyl methacrylate and styrene are grafted onto a styrene-
butadiene rubber.
Multicomponent system means, as used in conjunction with batch
process vents, a stream whose liquid and/or vapor contains more than one
compound.
New process unit means a process unit for which the construction or
reconstruction commenced after March 29, 1995.
Nitrile resin means a resin produced through the polymerization of
acrylonitrile, methyl acrylate, and butadiene latex using an emulsion
process.
On-site or On site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, that records are stored at a location within a major
source which encompasses the affected source. On-site includes, but is
not limited to, storage at the affected source or TPPU to which the
records pertain, or storage in central files elsewhere at the major
source.
Operating day means the period defined by the owner or operator in
the Notification of Compliance Status required by Sec. 63.1335(e)(5).
The operating day is the period for which daily average monitoring
values and batch cycle daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 6 of this subpart or any other chemical
which is:
(1) Knowingly produced or introduced into the manufacturing process
other than as an impurity; and
(2) Listed in Table 2 of subpart F of this part.
PET using a dimethyl terephthalate process means the manufacturing
of PET based on the esterification of dimethyl terephthalate with
ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
PET using a terephthalic acid process means the manufacturing of PET
based on the esterification reaction of terephthalic acid with ethylene
glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
Poly(ethylene terephthalate) resin (PET) means a polymer or
copolymer comprised of at least 50 percent bis-(2-hydroxyethyl)-
terephthalate by weight.
Polymerization reaction section means the equipment designed to
cause monomer(s) to react to form polymers, including equipment designed
primarily to cause the formation of short polymer chains (e.g.,
oligomers or low molecular weight polymers), but not including equipment
designed to prepare raw materials for polymerization (e.g.,
esterification vessels). For the purposes of these standards, the
polymerization reaction section begins with the equipment used to
transfer the materials from the raw materials preparation section and
ends with the last vessel in which polymerization occurs. Equipment used
for the on-site recovery of ethylene glycol from PET plants is included
in this process section, rather than in the material recovery process
section.
Polystyrene resin means a thermoplastic polymer or copolymer
comprised of at least 80 percent styrene or para-methylstyrene by
weight.
Primary product is defined in and determined by the procedures
specified in Sec. 63.1310(f).
Process contact cooling tower system means a cooling tower system
that is designed and operated to allow contact between the cooling
medium and process fluid or gases.
Process section means the equipment designed to accomplish a general
but well-defined task in polymers production. Process sections include,
but are not limited to, raw materials preparation, polymerization
reaction, and material recovery. A process section may be dedicated to a
single TPPU or common to more than one TPPU.
Process unit means a collection of equipment assembled and connected
by hardpiping or duct work, used to process raw materials and to
manufacture a product.
Process vent means a gaseous emission stream from a unit operation
that is discharged to the atmosphere either directly or after passing
through one or more control, recovery, or recapture
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devices. Unit operations that may have process vents are condensers,
distillation units, reactors, or other unit operations within the TPPU.
Process vents exclude pressure releases, gaseous streams routed to a
fuel gas system(s), and leaks from equipment regulated under Sec.
63.1331. A gaseous emission stream is no longer considered to be a
process vent after the stream has been controlled and monitored in
accordance with the applicable provisions of this subpart.
Product means a polymer produced using the same monomers and varying
in additives (e.g., initiators, terminators, etc.); catalysts; or in the
relative proportions of monomers, that is manufactured by a process
unit. With respect to polymers, more than one recipe may be used to
produce the same product. As an example, styrene acrylonitrile resin and
methyl methacrylate butadiene styrene resin each represent a different
product. Product also means a chemical that is not a polymer, that is
manufactured by a process unit. By-products, isolated intermediates,
impurities, wastes, and trace contaminants are not considered products.
Raw materials preparation section means the equipment at a polymer
manufacturing plant designed to prepare raw materials, such as monomers
and solvents, for polymerization. For the purposes of the standards in
this subpart, this process section includes the equipment used to
transfer raw materials from storage and/or the equipment used to
transfer recovered material from the material recovery process sections
to the raw material preparation section, and ends with the last piece of
equipment that prepares the material for polymerization. The raw
materials preparation section may include equipment that is used to
purify, dry, or otherwise treat raw materials or raw and recovered
materials together; to activate catalysts; or to promote esterification
including the formation of some short polymer chains (oligomers). The
raw materials preparation section does not include equipment that is
designed primarily to accomplish the formation of oligomers, the
treatment of recovered materials alone, or the storage of raw or
recovered materials.
Recipe means a specific composition, from among the range of
possible compositions that may occur within a product, as defined in
this section. A recipe is determined by the proportions of monomers and,
if present, other reactants and additives that are used to make the
recipe. For example, acrylonitrile butadiene styrene latex resin (ABS
latex) without additives; ABS latex with an additive; and ABS latex with
different proportions of acrylonitrile to butadiene are all different
recipes of the same product, ABS latex.
Reconstruction means the replacement of components of an affected
source or of a previously unaffected stationary source that becomes an
affected source as a result of the replacement, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means:
(1) An individual unit of equipment capable of and normally used for
the purpose of recovering chemicals for:
(i) Use;
(ii) Reuse;
(iii) Fuel value (i.e., net heating value); or
(iv) For sale for use, reuse, or fuel value (i.e., net heating
value).
(2) Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For the purposes of the
monitoring, recordkeeping, or reporting requirements of this subpart,
recapture devices are considered recovery devices.
Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment and recovery or recapture devices used as control
devices shall not be considered recovery operations equipment.
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Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 6 of subpart JJJ'' shall apply for purposes of this
subpart.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of an affected source, a TPPU(s) within an affected source, a
waste management unit or unit operation within an affected source, or
equipment required or used to comply with this subpart, or the emptying
or degassing of a storage vessel. For purposes of the wastewater
provisions of Sec. 63.1330, shutdown does not include the routine
rinsing or washing of equipment in batch operation between batches. For
purposes of the batch process vent provisions in Sec. Sec. 63.1321
through 63.1327, the cessation of equipment in batch operation is not a
shutdown, unless the equipment undergoes maintenance, is replaced, or is
repaired.
Solid state polymerization process means a unit operation which,
through the application of heat, furthers the polymerization (i.e.,
increases the intrinsic viscosity) of polymer chips.
Start-up means the setting into operation of an affected source, a
TPPU(s) within an affected source, a waste management unit or unit
operation within an affected source, or equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For both continuous and batch processes, start-up includes
initial start-up and operation solely for testing equipment. For both
continuous and batch processes, start-up does not include the recharging
of equipment in batch operation. For continuous processes, start-up
includes transitional conditions due to changes in product for flexible
operation units. For batch processes, start-up does not include
transitional conditions due to changes in product for flexible operation
units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do not vary
significantly with time; minor fluctuations about constant mean values
may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP and/or organic HAP as impurities only;
(5) Wastewater storage tanks; and
(6) Surge control vessels and bottoms receivers.
Styrene acrylonitrile resin (SAN) means copolymers consisting
primarily of styrene and acrylonitrile monomer units.
Supplemental combustion air means the air that is added to a vent
stream after the vent stream leaves the unit operation. Air that is part
of the vent stream as a result of the nature of the unit operation is
not considered supplemental combustion air. Air required to operate
combustion device burner(s) is not considered supplemental combustion
air. Air required to ensure the proper operation of catalytic oxidizers,
to include the intermittent addition of air upstream of the catalyst bed
to maintain a minimum threshold flow rate through the catalyst bed or to
avoid excessive temperatures in the catalyst bed, is not considered to
be supplemental combustion air.
Suspension process means a polymerization process where the
monomer(s) is in a state of suspension, with the help of suspending
agents, in a medium other than water (typically an organic solvent). The
resulting polymers are not soluble in the reactor medium.
Thermoplastic product means one of the following types of products:
(1) ABS latex;
(2) ABS using a batch emulsion process;
(3) ABS using a batch suspension process;
(4) ABS using a continuous emulsion process;
(5) ABS using a continuous mass process;
(6) ASA/AMSAN;
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(7) EPS;
(8) MABS;
(9) MBS;
(10) nitrile resin;
(11) PET using a batch dimethyl terephthalate process;
(12) PET using a batch terephthalic acid process;
(13) PET using a continuous dimethyl terephthalate process;
(14) PET using a continuous terephthalic acid process;
(15) PET using a continuous terephthalic acid high viscosity
multiple end finisher process;
(16) Polystyrene resin using a batch process;
(17) Polystyrene resin using a continuous process;
(18) SAN using a batch process; or
(19) SAN using a continuous process.
Thermoplastic product process unit (TPPU) means a collection of
equipment assembled and connected by hard-piping or ductwork, used to
process raw materials and to manufacture a thermoplastic product as its
primary product. This collection of equipment includes unit operations;
recovery operations equipment, process vents; equipment identified in
Sec. 63.149; storage vessels, as determined in Sec. 63.1310(g); and
the equipment that is subject to the equipment leak provisions as
specified in Sec. 63.1331. Utilities, lines and equipment not
containing process fluids, and other non-process lines, such as heating
and cooling systems which do not combine their materials with those in
the processes they serve, are not part of the thermoplastic product
process unit. A thermoplastic product process unit consists of more than
one unit operation.
Total organic compounds (TOC) means those compounds excluding
methane and ethane measured according to the procedures of Method 18 or
Method 25A, 40 CFR part 60, appendix A.
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction organic HAP associated with a continuous process vent stream,
based on vent stream flow rate, emission rate of organic HAP, net
heating value, and corrosion properties (whether or not the continuous
process vent stream contains halogenated compounds), as quantified by
the equations given under Sec. 63.115.
Vent stream, as used in reference to batch process vents, continuous
process vents, and aggregate batch vent streams, means the emissions
from one or more process vents.
Waste management unit is defined in Sec. 63.111, except that where
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``TPPU'' shall apply for purposes of this
subpart.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of organic HAP listed on Table 6
of this subpart, except for ethylene glycol, of at least 5 parts per
million by weight and has an annual average flow rate of 0.02 liter per
minute or greater; or
(ii) An annual average concentration of organic HAP listed on Table
6 of this subpart, except for ethylene glycol, of at least 10,000 parts
per million by weight at any flow rate; and
(2) Is discarded from a TPPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Wastewater stream means a stream that contains wastewater as defined
in this section.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999;
65 FR 38102, June 19, 2000; 66 FR 36937, July 16, 2001; 79 FR 17364,
Mar. 27, 2014]
Sec. 63.1313 Emission standards.
(a) Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
(1) Section 63.1314 for storage vessels;
(2) Section 63.1315, or Sec. Sec. 63.1316 through 63.1320, as
appropriate, for continuous process vents;
(3) Section 63.1321 for batch process vents;
(4) Section 63.1328 for heat exchange systems;
(5) Section 63.1329 for process contact cooling towers;
(6) Section 63.1330 for wastewater;
(7) Section 63.1331 for equipment leaks;
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(8) Section 63.1333 for additional test methods and procedures;
(9) Section 63.1334 for parameter monitoring levels and excursions;
and
(10) Section 63.1335 for general recordkeeping and reporting
requirements.
(b) When emissions of different kinds (i.e., emissions from
continuous process vents subject to either Sec. 63.1315 or Sec. Sec.
63.1316 through 63.1320, batch process vents, aggregate batch vent
streams, storage vessels, process wastewater, and/or in-process
equipment subject to Sec. 63.149) are combined, and at least one of the
emission streams would be classified as Group 1 in the absence of
combination with other emission streams, the owner or operator shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section, as appropriate. For purposes of this paragraph (b),
combined emission streams containing one or more batch process vents and
containing one or more continuous process vents subject to Sec.
63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), Sec.
63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), may comply with either paragraph
(b)(1) or (b)(2) of this section, as appropriate. For purposes of this
paragraph (b), the owner or operator of an affected source with combined
emission streams containing one or more batch process vents but not
containing one or more continuous process vents subject to Sec.
63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), Sec.
63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of
this section.
(1) Comply with the applicable requirements of this subpart for each
kind of emission in the stream as specified in paragraphs (a)(1) through
(a)(7) of this section.
(2) Comply with the first set of requirements, identified in
paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as Group 1
in the absence of combination with other emission streams, or the owner
or operator chooses to consider that emission stream to be Group 1 for
purposes of this paragraph. Compliance with the first applicable set of
requirements identified in paragraphs (b)(2)(i) through (b)(2)(vi) of
this section constitutes compliance with all other requirements in
paragraphs (b)(2)(i) through (b)(2)(vi) of this section applicable to
other types of emissions in the combined stream.
(i) The requirements of this subpart for Group 1 continuous process
vents subject to Sec. 63.1315, including applicable monitoring,
recordkeeping, and reporting;
(ii) The requirements of Sec. 63.1316(b)(1)(i)(A), Sec.
63.1316(b)(1)(ii), Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or
Sec. 63.1316(c)(1), excluding Sec. 63.1316(c)(1)(ii), as appropriate,
for control of emissions from continuous process vents subject to the
control requirements of Sec. 63.1316, including applicable monitoring,
recordkeeping, and reporting requirements;
(iii) The requirements of Sec. 63.119(e), as specified in Sec.
63.1314, for control of emissions from Group 1 storage vessels,
including applicable monitoring, recordkeeping, and reporting;
(iv) The requirements of Sec. 63.139, as specified in Sec.
63.1330, for control devices used to control emissions from waste
management units, including applicable monitoring, recordkeeping, and
reporting;
(v) The requirements of Sec. 63.139, as specified in Sec. 63.1330,
for closed vent systems for control of emissions from in-process
equipment subject to Sec. 63.149, as specified in Sec. 63.1330,
including applicable monitoring, recordkeeping, and reporting; or
(vi) The requirements of this subpart for aggregate batch vent
streams subject to Sec. 63.1321(c), including applicable monitoring,
recordkeeping, and reporting.
(3) The owner or operator of an affected source with combined
emission streams containing one or more batch process vents but not
containing one or more continuous process vents subject to Sec.
63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), Sec.
63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i)
and (b)(3)(ii) of this section.
[[Page 303]]
(i) The owner or operator of the affected source shall comply with
Sec. 63.1321 for the batch process vent(s).
(ii) The owner or operator of the affected source shall comply with
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for
the remaining emission streams.
(c) Instead of complying with Sec. Sec. 63.1314, 63.1315, 63.1316
through 63.1320, 63.1321, and 63.1330, the owner or operator of an
existing affected source may elect to control any or all of the storage
vessels, batch process vents, aggregate batch vent streams, continuous
process vents, and wastewater streams and associated waste management
units within the affected source to different levels using an emissions
averaging compliance approach that uses the procedures specified in
Sec. 63.1332. The restrictions concerning which emission points may be
included in an emissions average, including how many emission points may
be included, are specified in Sec. 63.1332(a)(1). An owner or operator
electing to use emissions averaging shall still comply with the
provisions of Sec. Sec. 63.1314, 63.1315, 63.1316 through 63.1320,
63.1321, and 63.1330 for affected source emission points not included in
the emissions average.
(d) A State may decide not to allow the use of the emissions
averaging compliance approach specified in paragraph (c) of this
section.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38106, June 19, 2000]
Sec. 63.1314 Storage vessel provisions.
(a) This section applies to each storage vessel that is assigned to
an affected source, as determined by Sec. 63.1310(g). Except as
provided in paragraphs (b) through (d) of this section, the owner or
operator of an affected source shall comply with the requirements of
Sec. Sec. 63.119 through 63.123 and 63.148 for those storage vessels,
with the differences noted in paragraphs (a)(1) through (a)(17) of this
section for the purposes of this subpart.
(1) When the term ``storage vessel'' is used in Sec. Sec. 63.119
through 63.123, the definition of this term in Sec. 63.1312 shall apply
for the purposes of this subpart.
(2) When the term ``Group 1 storage vessel'' is used in Sec. Sec.
63.119 through 63.123, the definition of this term in Sec. 63.1312
shall apply for the purposes of this subpart.
(3) When the term ``Group 2 storage vessel'' is used in Sec. Sec.
63.119 through 63.123, the definition of this term in Sec. 63.1312
shall apply for the purposes of this subpart.
(4) When the emissions averaging provisions of Sec. 63.150 are
referred to in Sec. Sec. 63.119 and 63.123, the emissions averaging
provisions contained in Sec. 63.1332 shall apply for the purposes of
this subpart.
(5) When December 31, 1992, is referred to in Sec. 63.119, March
29, 1995 shall apply instead, for the purposes of this subpart.
(6) When April 22, 1994, is referred to in Sec. 63.119, June 19,
2000 shall apply instead, for the purposes of this subpart.
(7) Each owner or operator of an affected source shall comply with
this paragraph (a)(7) instead of Sec. 63.120(d)(1)(ii) for the purposes
of this subpart. If the control device used to comply with Sec.
63.119(e) is also used to comply with any of the requirements found in
Sec. 63.1315, Sec. 63.1316, Sec. 63.1322, or Sec. 63.1330, the
performance test required in or accepted by the applicable requirements
of Sec. Sec. 63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for
demonstrating compliance with Sec. 63.119(e) for the purposes of this
subpart. The owner or operator is not required to prepare a design
evaluation for the control device as described in Sec. 63.120(d)(1)(i),
if the performance test meets the criteria specified in paragraphs
(a)(7)(i) and (a)(7)(ii) of this section.
(i) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable;
and
(ii) The performance test is submitted as part of the Notification
of Compliance Status required by Sec. 63.1335(e)(5).
(8) When the term ``range'' is used in Sec. Sec. 63.120(d)(3),
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead,
for the purposes of this subpart.
(9) For purposes of this subpart, the monitoring plan required by
[[Page 304]]
Sec. 63.120(d)(2) shall specify for which control devices the owner or
operator has selected to follow the procedures for continuous monitoring
specified in Sec. 63.1334. For those control devices for which the
owner or operator has selected to not follow the procedures for
continuous monitoring specified in Sec. 63.1334, the monitoring plan
shall include a description of the parameter or parameters to be
monitored to ensure that the control device is being properly operated
and maintained, an explanation of the criteria used for selection of
that parameter (or parameters), and the frequency with which monitoring
will be performed (e.g., when the liquid level in the storage vessel is
being raised), as specified in Sec. 63.120(d)(2)(i).
(10) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.1335(e)(5).
(11) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.120,
63.122, and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.1335(e)(5) shall apply for the purposes of this
subpart.
(12) When the Periodic Report requirements contained in Sec.
63.152(c) are referred to in Sec. Sec. 63.120 and 63.122, the Periodic
Report requirements contained in Sec. 63.1335(e)(6) shall apply for the
purposes of this subpart.
(13) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in Sec.
63.1335(e)(7) shall apply for the purposes of this subpart.
(14) When the Initial Notification requirements contained in Sec.
63.151(b) are referred to in Sec. 63.122, the owner or operator of an
affected source subject to this subpart need not comply for the purposes
of this subpart.
(15) When the determination of equivalence criteria in Sec.
63.102(b) is referred to in Sec. 63.121(a), the provisions in Sec.
63.6(g) shall apply for the purposes of this subpart.
(16) When Sec. 63.119(a) requires compliance according to the
schedule provisions in Sec. 63.100, owners and operators of affected
sources shall instead comply with the requirements in Sec. Sec.
63.119(a)(1) through 63.119(a)(4) by the compliance date for storage
vessels, which is specified in Sec. 63.1311.
(17) In Sec. 63.120(e)(1), instead of the reference to Sec.
63.11(b), the requirements of Sec. 63.1333(e) shall apply.
(b) Owners or operators of Group 1 storage vessels that are assigned
to a new affected source producing SAN using a continuous process shall
control emissions to the levels indicated in paragraphs (b)(1) and
(b)(2) of this section.
(1) For storage vessels with capacities greater than or equal to
2,271 cubic meters (m\3\) containing a liquid mixture having a vapor
pressure greater than or equal to 0.5 kilopascal (kPa) but less than 0.7
kPa, emissions shall be controlled by at least 90 percent relative to
uncontrolled emissions.
(2) For storage vessels with capacities less than 151 m\3\
containing a liquid mixture having a vapor pressure greater than or
equal to 10 kPa, emissions shall be controlled by at least 98 percent
relative to uncontrolled emissions.
(3) For all other storage vessels designated as Group 1 storage
vessels, emissions shall be controlled to the level designated in Sec.
63.119.
(c) Owners or operators of Group 1 storage vessels that are assigned
to a new or existing affected source producing ASA/AMSAN shall control
emissions by at least 98 percent relative to uncontrolled emissions.
(d) The provisions of this subpart do not apply to storage vessels
containing ethylene glycol at existing or new affected sources and
storage vessels containing styrene at existing affected sources.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999;
65 FR 38107, June 19, 2000]
Sec. 63.1315 Continuous process vents provisions.
(a) For each continuous process vent located at an affected source,
the owner or operator shall comply with the requirements of Sec. Sec.
63.113 through 63.118, with the differences noted in paragraphs (a)(1)
through (19) of this section for the purposes of this subpart, except as
provided in paragraphs (b) through (e) of this section.
[[Page 305]]
(1) When the term ``process vent'' is used in Sec. Sec. 63.113
through 63.118, the term ``continuous process vent,'' and the definition
of this term in Sec. 63.1312 shall apply for the purposes of this
subpart.
(2) When the term ``Group 1 process vent'' is used in Sec. Sec.
63.113 through 63.118, the term ``Group 1 continuous process vent,'' and
the definition of this term in Sec. 63.1312 shall apply for the
purposes of this subpart.
(3) When the term ``Group 2 process vent'' is used in Sec. Sec.
63.113 through 63.118, the term ``Group 2 continuous process vent,'' and
the definition of this term in Sec. 63.1312 shall apply for the
purposes of this subpart.
(4) When December 31, 1992 is referred to in Sec. 63.113, apply the
date March 29, 1995, for the purposes of this subpart.
(5) When Sec. 63.151(f), alternative monitoring parameters, and
Sec. 63.152(e), submission of an operating permit, are referred to in
Sec. Sec. 63.114(c) and 63.117(e), Sec. 63.1335(f), alternative
monitoring parameters, and Sec. 63.1335(e)(8), submission of an
operating permit, respectively, shall apply for the purposes of this
subpart.
(6) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.114,
63.117, and 63.118, the Notification of Compliance Status requirements
contained in Sec. 63.1335(e)(5) shall apply for the purposes of this
subpart.
(7) When the Periodic Report requirements contained in Sec.
63.152(c) are referred to in Sec. Sec. 63.117 and 63.118, the Periodic
Report requirements contained in Sec. 63.1335(e)(6) shall apply for the
purposes of this subpart.
(8) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is
referred to in Sec. 63.118(f)(2), the definition of excursion in Sec.
63.1334(f) of this subpart shall apply for the purposes of this subpart.
(9) When Sec. 63.114(e) or Sec. 63.117(f) specifies that an owner
or operator shall submit the information required in Sec. 63.152(b) in
order to establish the parameter monitoring range, the owner or operator
of an affected source shall comply with the provisions of Sec.
63.1335(e)(5) for purposes of reporting information related to
establishment of the parameter monitoring level for purposes of this
subpart. Further, the term ``level'' shall apply when the term ``range''
is used in Sec. Sec. 63.114, 63.117, and 63.118.
(10) When reports of process changes are required under Sec.
63.118(g), (h), (i), or (j), paragraphs (a)(10)(i) through (a)(10)(iv)
of this section shall apply for the purposes of this subpart. In
addition, for the purposes of this subpart, paragraph (a)(10)(v) of this
section applies, and Sec. 63.118(k) does not apply to owners or
operators of affected sources.
(i) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 continuous
process vent to become a Group 1 continuous process vent, the owner or
operator shall submit a report within 180 days after the process change
is made or with the next Periodic Report, whichever is later. A
description of the process change shall be submitted with the report of
the process change, and the owner or operator of the affected source
shall comply with the Group 1 provisions in Sec. Sec. 63.113 through
63.118 in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as
applicable.
(ii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a TRE greater
than 4.0 to become a Group 2 continuous process vent with a TRE less
than 4.0, the owner or operator shall submit a report within 180 days
after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.1311.
(iii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a flow rate less
than 0.005 standard cubic meter per minute to become a Group 2
continuous process vent with a flow rate of 0.005 standard cubic meter
per minute or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. A description of the process change shall be submitted with the
report of the
[[Page 306]]
process change, and the owner or operator shall comply with the
provisions in Sec. 63.113(d) by the dates specified in Sec. 63.1311.
(iv) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with an organic HAP
concentration less than 50 parts per million by volume to become a Group
2 continuous process vent with an organic HAP concentration of 50 parts
per million by volume or greater and a TRE index value less than or
equal to 4.0, the owner or operator shall submit a report within 180
days after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.1311.
(v) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraphs
(a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this
section is met.
(A) The process change does not meet the definition of a process
change in Sec. 63.115(e);
(B) The vent stream flow rate is recalculated according to Sec.
63.115(e) and the recalculated value is less than 0.005 standard cubic
meter per minute;
(C) The organic HAP concentration of the vent stream is recalculated
according to Sec. 63.115(e) and the recalculated value is less than 50
parts per million by volume; or
(D) The TRE index value is recalculated according to Sec. 63.115(e)
and the recalculated value is greater than 4.0, or for the affected
sources producing methyl methacrylate butadiene styrene resin the
recalculated value is greater than 6.7.
(11) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(ii)
of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing the
largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(12) When Sec. 63.118, periodic reporting and recordkeeping
requirements, refers to Sec. 63.152(f), the recordkeeping requirements
in Sec. 63.1335(d) shall apply for purposes of this subpart.
(13) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent, the owner or operator of the
affected source containing the combined vent stream shall comply with
paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph
(a)(13)(iii) or (iv); or with paragraph (a)(13)(v) of this section, as
appropriate.
(i) If a batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device, the owner or operator of
the affected source containing the combined vent stream shall comply
with the requirements in paragraph (a)(13)(i)(A) or (B) of this section.
(A) All requirements for a Group 1 process vent stream in Sec. Sec.
63.113 through 63.118, except as otherwise provided in this section. As
specified in Sec. 63.1333(a)(1), performance tests shall be conducted
at maximum representative operating conditions. For the purpose of
conducting a performance test on a combined vent stream, maximum
representative operating conditions shall be when batch emission
episodes are occurring that result in the highest organic HAP emission
rate (for the combined vent stream) that is achievable during one of the
periods listed in Sec. 63.1333(a)(1)(i) or Sec. 63.1333(a)(1)(ii),
without causing any of the situations described in paragraphs
(a)(13)(i)(A)(1) through (3) to occur.
(1) Causing damage to equipment.
[[Page 307]]
(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.
(B) Comply with the provisions in Sec. 63.1313(b)(1), as allowed
under Sec. 63.1313(b).
(ii) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to the combined vent
stream being routed to a recovery device, the TRE index value for the
combined vent stream shall be calculated at the exit of the last
recovery device. The TRE shall be calculated during periods when one or
more batch emission episodes are occurring that result in the highest
organic HAP emission rate (in the combined vent stream that is being
routed to the recovery device) that is achievable during the 6-month
period that begins 3 months before and ends 3 months after the TRE
calculation, without causing any of the situations described in
paragraphs (a)(13)(ii)(A) through (C) to occur.
(A) Causing damage to equipment.
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(iii) If the combined vent stream described in paragraph (a)(10)(ii)
of this section meets the requirements in paragraphs (a)(13)(iii)(A),
(B), and (C) of this section, the combined vent stream shall be subject
to the requirements for Group 1 process vents in Sec. Sec. 63.113
through 63.118, except as otherwise provided in this section, as
applicable. Performance tests for the combined vent stream shall be
conducted at maximum operating conditions, as described in paragraph
(a)(13)(i) of this section.
(A) The TRE index value of the combined stream is less than or equal
to 1.0;
(B) The flow rate of the combined vent stream is greater than or
equal to 0.005 standard cubic meter per minute; and
(C) The total organic HAP concentration is greater than or equal to
50 parts per million by volume for the combined vent stream.
(iv) If the combined vent stream described in paragraph (a)(10)(ii)
of this section meets the requirements in paragraph (a)(13)(iv)(A), (B),
or (C) of this section, the combined vent stream shall be subject to the
requirements for Group 2 process vents in Sec. Sec. 63.113 through
63.118, except as otherwise provided in this section, as applicable.
(A) The TRE index value of the combined vent stream is greater than
1.0;
(B) The flow rate of the combined vent stream is less than 0.005
standard cubic meter per minute; or
(C) The total organic HAP concentration is less than 50 parts per
million by volume for the combined vent stream.
(v) If a batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the owner or operator
shall comply with the requirements in either paragraph (a)(13)(v)(A) or
(a)(13)(v)(B) of this section.
(A) The owner or operator shall comply with the requirements in
Sec. Sec. 63.113 through 63.118 for Group 1 process vents; or
(B) The owner or operator shall comply with Sec. 63.1322(e)(2) for
batch process vents and aggregate batch vent streams.
(14) If any gas stream that originates outside of an affected source
that is subject to this subpart is normally conducted through the same
final recovery device as any continuous process vent stream subject to
this subpart, the owner or operator of the affected source with the
combined vent stream shall comply with all requirements in Sec. Sec.
63.113 through 63.118 of subpart G of this part, except as otherwise
noted in this section, as applicable.
(i) Instead of measuring the vent stream flow rate at the sampling
site specified in Sec. 63.115(b)(1), the sampling site for vent stream
flow rate shall be prior to the final recovery device and prior to the
point at which the gas stream that is not controlled under this subpart
is introduced into the combined vent stream.
(ii) Instead of measuring total organic HAP or TOC concentrations at
[[Page 308]]
the sampling site specified in Sec. 63.115(c)(1), the sampling site for
total organic HAP or TOC concentration shall be prior to the final
recovery device and prior to the point at which the gas stream that is
not controlled under this subpart is introduced into the combined vent
stream.
(iii) The efficiency of the final recovery device (determined
according to paragraph (a)(14)(iv) of this section) shall be applied to
the total organic HAP or TOC concentration measured at the sampling site
described in paragraph (a)(14)(ii) of this section to determine the exit
concentration. This exit concentration of total organic HAP or TOC shall
then be used to perform the calculations outlined in Sec.
63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent
stream exiting the final recovery device.
(iv) The efficiency of the final recovery device is determined by
measuring the total organic HAP or TOC concentration using Method 18 or
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery
device after the introduction of any gas stream that is not controlled
under this subpart, and at the outlet of the final recovery device.
(15) When Sec. 63.115(c)(3)(ii)(B) and (d)(2)(iv) and Sec.
63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart F of
this part, the owner or operator is only required to consider organic
HAP listed on Table 6 of this subpart for purposes of this subpart.
(16) The compliance date for continuous process vents subject to the
provisions of this section is specified in Sec. 63.1311.
(17) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b),
the requirements in Sec. 63.1333(e) shall apply.
(18) When a combustion device is used to comply with the 20 parts
per million by volume outlet concentration standard specified in Sec.
63.113(a)(2), the correction to 3 percent oxygen is only required when
supplemental combustion air is used to combust the emissions, for the
purposes of this subpart. In addition, the correction to 3 percent
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required
when supplemental combustion air is used to combust the emissions, for
the purposes of this subpart. Finally, when a combustion device is used
to comply with the 20 parts per million by volume outlet concentration
standard specified in Sec. 63.113(a)(2), an owner or operator shall
record and report the outlet concentration required in Sec.
63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when
supplemental combustion air is used to combust the emissions, for the
purposes of this subpart. When supplemental combustion air is not used
to combust the emissions, an owner or operator may record and report the
outlet concentration required in Sec. 63.117(a)(4)(ii) and (a)(4)(iv)
on an uncorrected basis or corrected to 3 percent oxygen, for the
purposes of this subpart.
(19) During periods of startup or shutdown, as an alternative to
using the procedures specified in Sec. 63.116, an owner or operator of
an affected source or emission unit subject to an emission limit
expressed as mass emissions per mass product may demonstrate compliance
with the limit in accordance with paragraph (a)(19)(i), (ii), or (iii)
of this section.
(i) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(ii) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(iii) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in Sec.
63.113(a)(1) or (2) were maintained at the level established to meet the
emission limit at maximum representative operating conditions.
(b) Owners or operators of existing affected sources producing MBS
shall comply with either paragraph (b)(1) or (b)(2) of this section.
(1) Comply with paragraph (a) of this section, as specified in
paragraphs (b)(1)(i) and (b)(1)(ii).
(i) As specified in Sec. 63.1312, Group 1 continuous process vents
at MBS existing affected sources are those with a total resource
effectiveness value less than or equal to 3.7.
[[Page 309]]
(ii) When complying with this paragraph (b) and the term ``TRE of
4.0'' is used, or related terms indicating a TRE index value of 4.0,
referred to in Sec. Sec. 63.113 through 63.118, are used, the term
``TRE of 6.7,'' shall apply instead, for the purposes of this subpart.
The TRE range of 3.7 to 6.7 for continuous process vents at existing
affected sources producing MBS corresponds to the TRE range of 1.0 to
4.0 for other continuous process vents, as it applies to monitoring,
recordkeeping, and reporting.
(2) Not allow organic HAP emissions from the collection of
continuous process vents at the affected source to be greater than
0.000590 kg organic HAP/Mg of product. Compliance with this paragraph
(b)(2) shall be determined using the procedures specified in Sec.
63.1333(b). During periods of startup or shutdown, as an alternative to
using the procedures specified in Sec. 63.1333(b), an owner or operator
of an affected source or emission unit subject to an emission limit
expressed as mass emissions per mass product may demonstrate compliance
with the limit in accordance with paragraph (b)(2)(i), (ii), or (iii) of
this section.
(i) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(ii) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1333(b). Keep records of this calculation.
(iii) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(b)(2) of this section were maintained at the level established to meet
the emission limit at maximum representative operating conditions.
(c) Owners or operators of new affected sources producing SAN using
a batch process shall comply with the applicable requirements in Sec.
63.1321.
(d) Affected sources producing PET or polystyrene using a continuous
process are subject to the emissions control provisions of Sec.
63.1316, the monitoring provisions of Sec. 63.1317, the testing and
compliance demonstration provisions of Sec. 63.1318, the recordkeeping
provisions of Sec. 63.1319, and the reporting provisions of Sec.
63.1320. However, in some instances as specified in Sec. 63.1316,
select continuous process vents present at affected sources producing
PET or polystyrene using a continuous process are subject to the
provisions of this section.
(e) Owners or operators of affected sources producing ASA/AMSAN
shall reduce organic HAP emissions from each continuous process vent,
each batch process vent, and each aggregate batch vent stream by 98
weight-percent and shall comply with either paragraph (e)(1), (e)(2), or
(e)(3), as appropriate. Where batch process vents or aggregate batch
vent streams are combined with continuous process vents, the provisions
of paragraph (a)(13) of this section shall apply for the purposes of
this paragraph (e).
(1) For each continuous process vent, comply with paragraph (a) of
this section as specified in paragraphs (e)(1)(i) through (e)(1)(ii) of
this section.
(i) For purpose of this section, each continuous process vent shall
be considered to be a Group 1 continuous process vent and the owner or
operator of that continuous process vent shall comply with the
requirements for a Group 1 continuous process vent.
(ii) For purposes of this section, the group determination procedure
required by Sec. 63.115 shall not apply.
(2) For each batch process vent, comply with Sec. Sec. 63.1321
through 63.1327 as specified in paragraphs (e)(2)(i) through (e)(2)(ii)
of this section.
(i) For purpose of this section, each batch process vent shall be
considered to be a Group 1 batch process vent and the owner or operator
of that batch process vent shall comply with the requirements for a
Group 1 batch process vent contained in Sec. Sec. 63.1321 through
63.1327, except that each batch process vent shall be controlled to
reduce organic HAP emissions by 98 weight-percent.
(ii) For purposes of this section, the group determination procedure
required by Sec. 63.1323 shall not apply.
(3) For each aggregate batch vent stream, comply with Sec. Sec.
63.1321 through 63.1327 as specified in paragraphs
[[Page 310]]
(e)(3)(i) through (e)(3)(ii) of this section.
(i) For purpose of this section, each aggregate batch vent stream
shall be considered to be a Group 1 aggregate batch vent stream and the
owner or operator of that aggregate batch vent stream shall comply with
the requirements for a Group 1 aggregate batch vent stream contained in
Sec. Sec. 63.1321 through 63.1327, except that each aggregate batch
vent stream shall be controlled to reduce organic HAP emissions by 98
weight-percent.
(ii) For purposes of this section, the group determination procedure
required by Sec. 63.1323 shall not apply.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999;
65 FR 38107, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17364,
Mar. 27, 2014]
Sec. 63.1316 PET and polystyrene affected sources--emissions control
provisions.
(a) The owner or operator of an affected source producing PET using
a continuous process shall comply with paragraph (b) of this section.
The owner or operator of an affected source producing polystyrene using
a continuous process shall comply with paragraph (c) of this section. As
specified in paragraphs (b) and (c) of this section, owners or operators
shall comply with Sec. 63.1315 for certain continuous process vents and
with Sec. 63.1321 for all batch process vents. The owner or operator of
an affected source producing PET using a batch process or producing
polystyrene using a batch process shall comply with Sec. 63.1315 for
continuous process vents and with Sec. 63.1321 for batch process vents,
instead of the provisions of Sec. Sec. 63.1316 through 63.1320.
(b) The owner or operator of an affected source producing PET using
a continuous process shall comply with the requirements specified in
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are not
required to comply with the requirements specified in 40 CFR part 60,
subpart DDD. Compliance can be based on either organic HAP or TOC.
(1) The owner or operator of an affected source producing PET using
a continuous dimethyl terephthalate process shall comply with paragraphs
(b)(1)(i) through (b)(1)(iv) of this section.
(i) The owner or operator of an existing affected source with
organic HAP emissions greater than 0.12 kg organic HAP per Mg of product
from continuous process vents in the collection of material recovery
sections (i.e., methanol recovery) within the affected source shall
comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C)
of this section. Emissions from continuous process vents in the
collection of material recovery sections within the affected source
shall be determined by the procedures specified in Sec. 63.1318(b). The
owner or operator of a new affected source shall comply with either
paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C) of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual material recovery section shall, as a whole, be no greater
than 0.018 kg organic HAP per Mg of product from the associated
TPPU(s)); or alternatively, organic HAP emissions from all continuous
process vents in the collection of material recovery sections within the
affected source shall, as a whole, be no greater than 0.018 kg organic
HAP per Mg product from all associated TPPU. During periods of startup
or shutdown, as an alternative to using the procedures specified in
Sec. 63.1318(b)(1), an owner or operator of an affected source or
emission unit subject to an emission limit expressed as mass emissions
per mass product may demonstrate compliance with the limit in accordance
with paragraphs (b)(1)(i)(A)(1), (2), or (3) of this section.
(1) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(2) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(3) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(b)(1)(i)(A) of this section were maintained at the level established to
meet the emission limit
[[Page 311]]
at maximum representative operating conditions.
(B) As specified in Sec. 63.1318(d), the owner or operator shall
maintain the daily average outlet gas stream temperature from each final
condenser in a material recovery section at a temperature of +3 [deg]C
(+37 [deg]F) or less (i.e., colder); or
(C) Comply with paragraph (b)(1)(v) of this section.
(ii) Limit organic HAP emissions from continuous process vents in
the collection of polymerization reaction sections within the affected
source by complying with either paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B)
of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual polymerization reaction section (including emissions from any
equipment used to further recover ethylene glycol, but excluding
emissions from process contact cooling towers) shall, as a whole, be no
greater than 0.02 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of polymerization reaction sections
within the affected source shall, as a whole, be no greater than 0.02 kg
organic HAP per Mg product from all associated TPPU(s). During periods
of startup or shutdown, as an alternative to using the procedures
specified in Sec. 63.1318(b)(1), an owner or operator of an affected
source or emission unit subject to an emission limit expressed as mass
emissions per mass product may demonstrate compliance with the limit in
accordance with paragraphs (b)(1)(ii)(A)(1), (2), or (3) of this
section.
(1) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(2) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(3) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(b)(1)(ii)(A) of this section were maintained at the level established
to meet the emission limit at maximum representative operating
conditions.
(B) Comply with paragraph (b)(1)(v) of this section.
(iii) Continuous process vents not included in a material recovery
section, as specified in paragraph (b)(1)(i) of this section, and not
included in a polymerization reaction section, as specified in paragraph
(b)(1)(ii) of this section, shall comply with Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
(v) Comply with one of the following:
(A) Reduce the emissions in a combustion device to achieve 98 weight
percent reduction or to achieve a concentration of 20 parts per million
by volume (ppmv) on a dry basis, whichever is less stringent. If an
owner or operator elects to comply with the 20 ppmv standard, the
concentration shall include a correction to 3 percent oxygen only when
supplemental combustion air is used to combust the emissions;
(B) Combust the emissions in a boiler or process heater with a
design heat input capacity of 150 million Btu/hr or greater by
introducing the emissions into the flame zone of the boiler or process
heater; or
(C) Combust the emissions in a flare that complies with the
requirements of Sec. 63.1333(e).
(2) The owner or operator of an affected source producing PET using
a continuous terephthalic acid process shall comply with paragraphs
(b)(2)(i) through (b)(2)(iv) of this section.
(i) Limit organic HAP emissions from continuous process vents in the
collection of raw material preparation sections within the affected
source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B)
of this section.
(A) Organic HAP emissions from all continuous process vents
associated with the esterification vessels in each individual raw
materials preparation section shall, as a whole, be no greater than 0.04
kg organic HAP per Mg of product from the associated TPPU(s); or
alternatively, organic HAP emissions from all continuous process vents
associated with the esterification vessels in the collection of raw
material
[[Page 312]]
preparation sections within the affected source shall, as a whole, be no
greater than 0.04 kg organic HAP per Mg of product from all associated
TPPU(s). Other continuous process vents (i.e., those not associated with
the esterification vessels) in the collection of raw materials
preparation sections within the affected source shall comply with Sec.
63.1315. During periods of startup or shutdown, as an alternative to
using the procedures specified in Sec. 63.1318(b)(1), an owner or
operator of an affected source or emission unit subject to an emission
limit expressed as mass emissions per mass product may demonstrate
compliance with the limit in accordance with paragraphs (b)(2)(i)(A)(1),
(2), or (3) of this section.
(1) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(2) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(3) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(b)(2)(i)(A) of this section were maintained at the level established to
meet the emission limit at maximum representative operating conditions.
(B) Comply with paragraph (b)(2)(v) of this section.
(ii) Limit organic HAP emissions from continuous process vents in
the collection of polymerization reaction sections within the affected
source by complying with either paragraph (b)(2)(ii)(A) or (b)(2)(ii)(B)
of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual polymerization reaction section (including emissions from any
equipment used to further recover ethylene glycol, but excluding
emissions from process contact cooling towers) shall, as a whole, be no
greater than 0.02 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of polymerization reaction sections
within the affected source shall, as a whole, be no greater than 0.02 kg
organic HAP per Mg of product from all associated TPPU(s). During
periods of startup or shutdown, as an alternative to using the
procedures specified in Sec. 63.1318(b)(1), an owner or operator of an
affected source or emission unit subject to an emission limit expressed
as mass emissions per mass product may demonstrate compliance with the
limit in accordance with paragraphs (b)(2)(ii)(A)(1), (2), or (3) of
this section.
(1) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(2) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(3) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(b)(2)(ii)(A) of this section were maintained at the level established
to meet the emission limit at maximum representative operating
conditions.
(B) Comply with paragraph (b)(2)(v) of this section.
(iii) Continuous process vents not included in a raw materials
preparation section, as specified in paragraphs (b)(2)(i) of this
section, and not included in a polymerization reaction section, as
specified in paragraph (b)(2)(ii) of this section, shall comply with
Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
(v) Comply with one of the following:
(A) Reduce the emissions in a combustion device to achieve 98 weight
percent reduction or to achieve a concentration of 20 parts per million
by volume (ppmv) on a dry basis, whichever is less stringent. If an
owner or operator elects to comply with the 20 ppmv standard, the
concentration shall include a correction to 3 percent oxygen only when
supplemental combustion air is used to combust the emissions;
(B) Combust the emissions in a boiler or process heater with a
design heat input capacity of 150 million Btu/hr or
[[Page 313]]
greater by introducing the emissions into the flame zone of the boiler
or process heater; or
(C) Combust the emissions in a flare that complies with the
requirements of Sec. 63.1333(e).
(c) The owner or operator of an affected source producing
polystyrene resin using a continuous process shall comply with the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section, as appropriate, instead of the requirements specified in 40 CFR
part 60, subpart DDD. Compliance can be based on either organic HAP or
TOC.
(1) Limit organic HAP emissions from continuous process vents in the
collection of material recovery sections within the affected source by
complying with either paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of
this section.
(i) Organic HAP emissions from all continuous process vents in each
individual material recovery section shall, as a whole, be no greater
than 0.0036 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of material recovery sections within the
affected source shall, as a whole, be no greater than 0.0036 kg organic
HAP per Mg of product from all associated TPPU(s). During periods of
startup or shutdown, as an alternative to using the procedures specified
in Sec. 63.1318(b)(1), an owner or operator of an affected source or
emission unit subject to an emission limit expressed as mass emissions
per mass product may demonstrate compliance with the limit in accordance
with paragraphs (c)(1)(i)(A), (B), or (C) of this section.
(A) Keep records establishing that the raw material introduced and
product discharged rates were both zero.
(B) Divide the organic HAP emission rate during startup or shutdown
by the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero according to Sec.
63.1318(b)(1). Keep records of this calculation.
(C) Keep records establishing that the operating parameters of the
control device used to comply with the emission limit in paragraph
(c)(1)(i) of this section were maintained at the level established to
meet
(ii) As specified in Sec. 63.1318(d), the owner or operator shall
maintain the daily average outlet gas stream temperature from each final
condenser in a material recovery section at a temperature of -25 [deg]C
(-13 [deg]F) or less (i.e., colder); or
(iii) Comply with one of the following:
(A) Reduce the emissions in a combustion device to achieve 98 weight
percent reduction or to achieve a concentration of 20 parts per million
by volume (ppmv) on a dry basis, whichever is less stringent. If an
owner or operator elects to comply with the 20 ppmv standard, the
concentration shall include a correction to 3 percent oxygen only when
supplemental combustion air is used to combust the emissions;
(B) Combust the emissions in a boiler or process heater with a
design heat input capacity of 150 million Btu/hr or greater by
introducing the emissions into the flame zone of the boiler or process
heater; or
(C) Combust the emissions in a flare that complies with the
requirements of Sec. 63.1333(e).
(2) Limit organic HAP emissions from continuous process vents not
included in a material recovery section, as specified in paragraph
(c)(1)(i) of this section, by complying with Sec. 63.1315.
(3) Batch process vents shall comply with Sec. 63.1321.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11548, Mar. 9, 1999;
65 FR 38110, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17365,
Mar. 27, 2014]
Sec. 63.1317 PET and polystyrene affected sources--monitoring
provisions.
Continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable monitoring
provisions specified for continuous process vents in Sec. 63.1315(a),
except that references to group determinations (i.e., total resource
effectiveness) do not apply and owners or operators are not required to
comply with Sec. 63.113.
[65 FR 38111, June 19, 2000]
[[Page 314]]
Sec. 63.1318 PET and polystyrene affected sources--testing and
compliance demonstration provisions.
(a) Except as specified in paragraphs (b) through (d) of this
section, continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable testing and
compliance provisions for continuous process vents specified in Sec.
63.1315(a) except that, for purposes of this paragraph (a), references
to group determinations (i.e., total resource effectiveness) do not
apply and owners or operators are not required to comply with Sec.
63.113.
(b) PET affected sources using a dimethyl terephthalate process--
Applicability determination procedure. Owners or operators shall
calculate organic HAP emissions from the collection of material recovery
sections at an existing affected source producing PET using a continuous
dimethyl terephthalate process to determine whether Sec.
63.1316(b)(1)(i) is applicable using the procedures specified in either
paragraph (b)(1) or (b)(2) of this section.
(1) Use Equation 1 of this subpart to determine mass emissions per
mass product as specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this
section. During periods of startup or shutdown, as an alternative to
using Equation 1 of this subpart, the owner or operator may divide the
emission rate of total organic HAP or TOC during startup or shutdown by
the rate of polymer produced from the most recent performance test
associated with a production rate greater than zero to determine
compliance with the emission limit.
[GRAPHIC] [TIFF OMITTED] TR12SE96.000
where:
ER = Emission rate of total organic HAP or TOC, kg/Mg product.
Ei = Emission rate of total organic HAP or TOC in continuous
process vent i, kg/hr.
Pp = The rate of polymer produced, kg/hr.
n = Number of continuous process vents in the collection of material
recovery sections at the affected source.
0.001 = Conversion factor, kg to Mg.
(i) The mass emission rate for each continuous process vent,
Ei, shall be determined according to the procedures specified
in Sec. 63.116(c)(4). The sampling site for determining whether Sec.
63.1316(b)(1)(i) is applicable shall be at the outlet of the last
recovery or control device. When the provisions of Sec. 63.116(c)(4)
specify that Method 18, 40 CFR part 60, appendix A shall be used, Method
18 or Method 25A, 40 CFR part 60, appendix A may be used for the
purposes of this subpart. The use of Method 25A, 40 CFR part 60,
appendix A shall comply with paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of
this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing the
largest percent by volume of the emissions.
(B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(ii) The rate of polymer produced, Pp (kg/hr), shall be
determined by dividing the weight (kg) of polymer pulled from the
process line during the performance test by the number of hours taken to
perform the performance test. The weight of polymer pulled shall be
determined by direct measurement or by an alternate methodology, such as
materials balance. If an alternate methodology is used, a description of
the methodology, including all procedures, data, and assumptions shall
be submitted as part of the Notification of Compliance Status required
by Sec. 63.1335(e)(5).
(2) Use engineering assessment, as described in Sec.
63.1323(b)(6)(i), to demonstrate that mass emissions per mass product
are less than or equal to 0.07 kg organic HAP/Mg product. If engineering
assessment shows that mass emissions per mass product are greater than
0.07 kg organic HAP/Mg product and the owner or operator wishes to
demonstrate that mass emissions per mass product are less than the
threshold emission rate of 0.12 kg organic HAP/Mg product, the owner or
operator shall use the procedures specified in paragraph (b)(1) of this
section.
[[Page 315]]
(c) Compliance with mass emissions per mass product standards.
Owners or operators complying with Sec. 63.1316(b)(1)(i)(A),
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall demonstrate
compliance with the mass emissions per mass product requirements using
the procedures specified in paragraph (b)(1) of this section. During
periods of startup or shutdown, as an alternative to using the
procedures specified in paragraph (b)(1) of this section, the owner or
operator may divide the emission rate of total organic HAP or TOC during
startup or shutdown by the rate of polymer produced from the most recent
performance test associated with a production rate greater than zero to
comply with the emission limit.
(d) Compliance with Temperature Limits for Final Condensers. Owners
or operators complying with Sec. 63.1316(b)(1)(i)(B) or Sec.
63.1316(c)(1)(ii) shall demonstrate continuous compliance based on an
average exit temperature determined for each operating day. Calculation
of the daily average exit temperature shall follow the provisions of
Sec. 63.1335(d)(3). The provisions of Sec. 63.1334(f) and (g) shall
apply for the purposes of determining whether or not an owner or
operator is to be deemed out of compliance for a given operating day.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000;
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]
Sec. 63.1319 PET and polystyrene affected sources--recordkeeping
provisions.
(a) Except as specified in paragraphs (b) and (c) of this section,
owners or operators using a control or recovery device to comply with
Sec. 63.1316 shall comply with the applicable recordkeeping provisions
specified in Sec. 63.1315(a), except that, for the purposes of this
paragraph (a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required to
comply with Sec. 63.113.
(b) Records demonstrating compliance with the applicability
determination procedure for PET affected sources using a dimethyl
terephthalate process. Owners or operators complying with Sec.
63.1316(b)(1)(i) by demonstrating that mass emissions per mass product
are less than or equal to the level specified in Sec. 63.1316(b)(1)(i)
(i.e., 0.12 kg organic HAP per Mg of product) shall keep the following
records.
(1) Results of the mass emissions per mass product calculation
specified in Sec. 63.1318(b).
(2) Records of any change in process operation that increases the
mass emissions per mass product.
(c) Records demonstrating compliance with temperature limits for
final condensers. Owners or operators of continuous process vents
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii)
shall keep records of the daily averages required by Sec. 63.1318, per
the recordkeeping provisions specified in Sec. 63.1335(d).
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000;
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]
Sec. 63.1320 PET and polystyrene affected sources--reporting
provisions.
(a) Except as specified in paragraph (b) of this section, owners and
operators using a control or recovery device to comply with Sec.
63.1316 shall comply with the applicable reporting provisions specified
in Sec. 63.1315(a), except that, for the purposes of this paragraph
(a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required to
comply with Sec. 63.113.
(b) Reporting for PET Affected Sources Using a Dimethyl
Terephthalate Process. Owners or operators complying with Sec. 63.1316
by demonstrating that mass emissions per mass product are less than or
equal to the level specified in Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg
organic HAP per Mg of product) shall comply with paragraphs (b)(1)
through (b)(3) of this section.
(1) Include the information specified in Sec. 63.1319(b)(2) in each
Periodic Report, required by Sec. 63.1335(e)(6), as appropriate.
(2) Include the information specified in Sec. 63.1319(b)(1) in the
Notification of Compliance Status, required by Sec. 63.1335(e)(5).
(3) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes emissions from continuous process vents in the
collection of material recovery sections (i.e., methanol recovery)
within the affected source to be
[[Page 316]]
greater than 0.12 kg organic HAP per Mg of product, the owner or
operator shall submit a report within 180 days after the process change
is made or the information regarding the process change is known to the
owner or operator. This report may be included in the next Periodic
Report. The report shall include the information specified in Sec.
63.1319(b)(1) and a description of the process change.
[65 FR 38112, June 19, 2000, as amended at 66 FR 36938, July 16, 2001]
Sec. 63.1321 Batch process vents provisions.
(a) Batch process vents. Except as specified in paragraphs (b)
through (d) of this section, owners and operators of new and existing
affected sources with batch process vents shall comply with the
requirements in Sec. Sec. 63.1322 through 63.1327. The batch process
vent group status shall be determined in accordance with Sec. 63.1323.
Owners or operators of batch process vents classified as Group 1 shall
comply with the reference control technology requirements for Group 1
batch process vents in Sec. 63.1322, the monitoring requirements in
Sec. 63.1324, the performance test methods and procedures to determine
compliance in Sec. 63.1325, the recordkeeping requirements in Sec.
63.1326, and the reporting requirements in Sec. 63.1327. Owners or
operators of all Group 2 batch process vents shall comply with the
applicable reference control technology requirements in Sec. 63.1322,
the applicable recordkeeping requirements in Sec. 63.1326, and the
applicable reporting requirements in Sec. 63.1327.
(b) New SAN batch affected sources. Owners and operators of new SAN
affected sources using a batch process shall comply with the
requirements of Sec. 63.1322 through Sec. 63.1327 for batch process
vents and aggregate batch vent streams except as specified in paragraphs
(b)(1) through (b)(2) of this section. For continuous process vents,
owners and operators shall comply with the requirements of Sec. 63.1322
through Sec. 63.1327 except as specified in paragraph (b)(3) of this
section.
(1) For batch process vents, the determination of group status
(i.e., Group 1/Group 2) under Sec. 63.1323 is not required.
(2) For batch process vents and aggregate batch vent streams, the
control requirements for individual batch process vents or aggregate
batch vent streams (e.g., 90 percent emission reduction) as specified in
Sec. 63.1322(a)(1), (a)(2), (b)(1), and (b)(2) shall not apply.
(3) Continuous process vents using a control or recovery device to
comply with Sec. 63.1322(a)(3) are subject to the applicable
requirements in Sec. 63.1315(a), as appropriate, except as specified in
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
(i) Said continuous process vents are not subject to the group
determination procedures of Sec. 63.115 for the purposes of this
subpart.
(ii) Said continuous process vents are not subject to the reference
control technology provisions of Sec. 63.113 for the purposes of this
subpart.
(c) Aggregate batch vent streams. Aggregate batch vent streams, as
defined in Sec. 63.1312, are subject to the control requirements
specified in Sec. 63.1322(b), as well as the monitoring, testing,
recordkeeping, and reporting requirements specified in Sec. Sec.
63.1324 through 63.1327 for aggregate batch vent streams.
(d) Owners and operators of affected sources producing ASA/AMSAN
shall comply with the provisions of Sec. 63.1315(e).
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
65 FR 38112, June 19, 2000]
Sec. 63.1322 Batch process vents--reference control technology.
(a) Batch process vents. The owner or operator of a Group 1 batch
process vent, as determined using the procedures in Sec. 63.1323, shall
comply with the requirements of either paragraph (a)(1) or (a)(2) of
this section, except as provided for in paragraph (a)(3) of this
section. Compliance may be based on either organic HAP or TOC.
(1) For each batch process vent, reduce organic HAP emissions using
a flare.
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
(ii) Halogenated batch process vents, as defined in Sec. 63.1312,
shall not be vented to a flare.
[[Page 317]]
(2) For each batch process vent, reduce organic HAP emissions for
the batch cycle by 90 weight percent using a control device. Owners or
operators may achieve compliance with this paragraph (a)(2) through the
control of selected batch emission episodes or the control of portions
of selected batch emission episodes. Documentation demonstrating how the
90 weight percent emission reduction is achieved is required by Sec.
63.1325(c)(2).
(3) The owner or operator of a new affected source producing SAN
using a batch process shall reduce organic HAP emissions from the
collection of batch process vents, aggregate batch vent streams, and
continuous process vents by 84 weight percent. Compliance with this
paragraph (a)(3) shall be demonstrated using the procedures specified in
Sec. 63.1333(c).
(b) Aggregate batch vent streams. The owner or operator of an
aggregate batch vent stream that contains one or more Group 1 batch
process vents shall comply with the requirements of either paragraph
(b)(1) or (b)(2) of this section, except as provided for in paragraph
(b)(3) of this section. Compliance may be based on either organic HAP or
TOC.
(1) For each aggregate batch vent stream, reduce organic HAP
emissions using a flare.
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
(ii) Halogenated aggregate batch vent streams, as defined in Sec.
63.1312, shall not be vented to a flare.
(2) For each aggregate batch vent stream, reduce organic HAP
emissions by 90 weight percent or to a concentration of 20 parts per
million by volume, whichever is less stringent, on a continuous basis
using a control device. For purposes of complying with the 20 parts per
million by volume outlet concentration standard, the outlet
concentration shall be calculated on a dry basis. When a combustion
device is used for purposes of complying with the 20 parts per million
by volume outlet concentration standard, the concentration shall be
corrected to 3 percent oxygen if supplemental combustion air is used to
combust the emissions. If supplemental combustion air is not used, a
correction to 3 percent oxygen is not required.
(3) The owner or operator of a new affected source producing SAN
using a batch process shall comply with paragraph (a)(3) of this
section.
(c) Halogenated emissions. Halogenated Group 1 batch process vents,
halogenated aggregate batch vent streams, and halogenated continuous
process vents that are combusted as part of complying with paragraph
(a)(2), (a)(3), (b)(2), or (b)(3) of this section, as appropriate, shall
be controlled according to either paragraph (c)(1) or (c)(2) of this
section.
(1) If a combustion device is used to comply with paragraph (a)(2),
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch
process vent, halogenated aggregate batch vent stream, or halogenated
continuous process vent, said emissions exiting the combustion device
shall be ducted to a halogen reduction device that reduces overall
emissions of hydrogen halides and halogens by at least 99 percent before
discharge to the atmosphere.
(2) A halogen reduction device may be used to reduce the halogen
atom mass emission rate of said emissions to less than 3,750 kg/yr for
batch process vents or aggregate batch vent streams and to less than
0.45 kilograms per hour for continuous process vents prior to venting to
any combustion control device, and thus make the batch process vent,
aggregate batch vent stream, or continuous process vent nonhalogenated.
The nonhalogenated batch process vent, aggregate batch vent stream, or
continuous process vent shall then comply with the requirements of
either paragraph (a) or (b) of this section, as appropriate.
(d) If a boiler or process heater is used to comply with the percent
reduction requirement specified in paragraph (a)(2), (a)(3), (b)(2), or
(b)(3) of this section, the batch process vent, aggregate batch vent
stream, or continuous process vent shall be introduced into the flame
zone of such a device.
(e) Combination of batch process vents or aggregate batch vent
streams with continuous process vents. If a batch process vent or
aggregate batch vent stream is combined with a continuous process
[[Page 318]]
vent, the owner or operator shall determine whether the combined vent
stream is subject to the provisions of Sec. Sec. 63.1321 through
63.1327 according to paragraphs (e)(1) and (e)(2) of this section.
(1) A batch process vent or aggregate batch vent stream combined
with a continuous process vent is not subject to the provisions of
Sec. Sec. 63.1321 through 63.1327, if the requirements in paragraph
(e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met.
(i) The only emissions to the atmosphere from the batch process vent
or aggregate batch vent stream prior to being combined with the
continuous process vent are from equipment subject to Sec. 63.1331.
(ii) The batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device. In this paragraph
(e)(1)(ii), the definition of control device as it relates to continuous
process vents shall be used. Furthermore, the combined vent stream
discussed in this paragraph (e)(1)(ii) shall be subject to Sec.
63.1315(a)(13)(i).
(iii) The batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to being routed to a
recovery device. In this paragraph (e)(1)(iii), the definition of
recovery device as it relates to continuous process vents shall be used.
Furthermore, the combined vent stream discussed in this paragraph
(e)(1)(iii) shall be subject to Sec. 63.1315(a)(13)(ii).
(2) If the batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the group status of the
batch process vent shall be determined prior to its combination with the
Group 2 continuous process vent, in accordance with Sec. 63.1323, and
the combined vent stream shall be subject to the requirements for
aggregate batch vent streams in Sec. Sec. 63.1321 through 63.1327.
(f) Group 2 batch process vents with annual emissions greater than
or equal to the level specified in Sec. 63.1323(d). The owner or
operator of a Group 2 batch process vent with annual emissions greater
than or equal to the level specified in Sec. 63.1323(d) shall comply
with the provisions of paragraph (f)(1), (f)(2), or (h) of this section.
(1) The owner or operator of an affected source shall comply with
the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures the Group 2 batch process vent does not become a
Group 1 batch process vent.
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with Sec.
63.1335(e)(5)(viii), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(2), and the reporting requirements in
Sec. 63.1327(a)(3), (b), and (c).
(iv) The owner or operator shall comply with Sec. 63.1323(i) when
process changes are made.
(2) Comply with the requirements of this subpart for Group 1 batch
process vents.
(g) Group 2 batch process vents with annual emissions less than the
level specified in Sec. 63.1323(d). The owner or operator of a Group 2
batch process vent with annual emissions less than the level specified
in Sec. 63.1323(d) shall comply with paragraphs (g)(1), (g)(2), (g)(3),
or (g)(4) of this section.
(1) The owner or operator of the affected source shall comply with
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures emissions do not exceed the level specified in
Sec. 63.1323(d).
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with Sec.
63.1335(e)(5)(viii), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
[[Page 319]]
(iii) The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(1), and the reporting requirements in
Sec. 63.1327(a)(2), (b), and (c).
(iv) The owner or operator of the affected source shall comply with
Sec. 63.1323(i) when process changes are made.
(2) Comply with the requirements of paragraph (f)(1) of this
section;
(3) Comply with the requirements of paragraph (f)(2) of this
section; or
(4) Comply with the requirements of paragraph (h) of this section.
(h) Owners or operators of Group 2 batch process vents are not
required to establish a batch mass input limitation if the batch process
vent is Group 2 at the conditions specified in paragraphs (h)(1) and
(h)(2) of this section and if the owner or operator complies with the
recordkeeping provisions in Sec. Sec. 63.1326(a)(1) through (3),
63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the
reporting requirements in Sec. 63.1327(a)(5), (a)(6), and (b).
(1) Emissions for the single highest-HAP recipe (considering all
products that are produced in the batch unit operation) are used in the
group determination; and
(2) The group determination assumes that the batch unit operation is
operating at the maximum design capacity of the TPPU for 12 months.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
65 FR 38112, June 19, 2000; 66 FR 36938, July 16, 2001]
Sec. 63.1323 Batch process vents--methods and procedures for group
determination.
(a) General requirements. Except as provided in paragraph (a)(3) of
this section and in Sec. 63.1321(b)(1), the owner or operator of batch
process vents at affected sources shall determine the group status of
each batch process vent in accordance with the provisions of this
section. This determination may be based on either organic HAP or TOC
emissions.
(1) The procedures specified in paragraphs (b) through (g) of this
section shall be followed to determine the group status of each batch
process vent. This determination shall be made in accordance with either
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
(i) An owner or operator may choose to determine the group status of
a batch process vent based on the expected mix of products. For each
product, emission characteristics of the single highest-HAP recipe, as
defined in paragraph (a)(1)(iii) of this section, for that product shall
be used in the procedures in paragraphs (b) through (i) of this section.
(ii) An owner or operator may choose to determine the group status
of a batch process vent based on annualized production of the single
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section,
considering all products produced or processed in the batch unit
operation. The annualized production of the highest-HAP recipe shall be
based exclusively on the production of the single highest-HAP recipe of
all products produced or processed in the batch unit operation for a 12
month period. The production level used may be the actual production
rate. It is not necessary to assume a maximum production rate (i.e.,
8,760 hours per year at maximum design production).
(iii) The single highest-HAP recipe for a product means the recipe
of the product with the highest total mass of HAP charged to the reactor
during the production of a single batch of product.
(2) The annual uncontrolled organic HAP or TOC emissions and annual
average batch vent flow rate shall be determined at the exit from the
batch unit operation. For the purposes of these determinations, the
primary condenser operating as a reflux condenser on a reactor or
distillation column, the primary condenser recovering monomer, reaction
products, by-products, or solvent from a stripper operated in batch
mode, and the primary condenser recovering monomer, reaction products,
by-products, or solvent from a distillation operation operated in batch
mode shall be considered part of the batch unit operation. All other
devices that recover or oxidize organic HAP or TOC vapors shall be
considered control devices as defined in Sec. 63.1312.
(3) The owner or operator of a batch process vent complying with the
flare provisions in Sec. 63.1322(a)(1) or
[[Page 320]]
Sec. 63.1322(b)(1) or routing the batch process vent to a control
device to comply with the requirements in Sec. 63.1322(a)(2) or Sec.
63.1322(b)(2) is not required to perform the batch process vent group
determination described in this section, but shall comply with all
requirements applicable to Group 1 batch process vents for said batch
process vent.
(b) Determination of annual emissions. The owner or operator shall
calculate annual uncontrolled TOC or organic HAP emissions for each
batch process vent using the methods described in paragraphs (b)(1)
through (b)(8) of this section. To estimate emissions from a batch
emissions episode, owners or operators may use either the emissions
estimation equations in paragraphs (b)(1) through (b)(4) of this
section, or direct measurement as specified in paragraph (b)(5) of this
section. Engineering assessment may be used to estimate emissions from a
batch emission episode only under the conditions described in paragraph
(b)(6) of this section. In using the emissions estimation equations in
paragraphs (b)(1) through (b)(4) of this section, individual component
vapor pressure and molecular weight may be obtained from standard
references. Methods to determine individual HAP partial pressures in
multicomponent systems are described in paragraph (b)(9) of this
section. Other variables in the emissions estimation equations may be
obtained through direct measurement, as defined in paragraph (b)(5) of
this section, through engineering assessment, as defined in paragraph
(b)(6)(ii) of this section, by process knowledge, or by any other
appropriate means. Assumptions used in determining these variables must
be documented. Once emissions for the batch emission episode have been
determined using either the emissions estimation equations, direct
measurement, or engineering assessment, emissions from a batch cycle
shall be calculated in accordance with paragraph (b)(7) of this section,
and annual emissions from the batch process vent shall be calculated in
accordance with paragraph (b)(8) of this section.
(1) TOC or organic HAP emissions from the purging of an empty vessel
shall be calculated using Equation 2 of this subpart. Equation 2 of this
subpart does not take into account evaporation of any residual liquid in
the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.024
Where:
Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.
(2) TOC or organic HAP emissions from the purging of a filled vessel
shall be calculated using Equation 3 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.025
Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
[[Page 321]]
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
Tm = Minutes/episode.
(3) Emissions from vapor displacement due to transfer of material
into or out of a vessel shall be calculated using Equation 4 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.003
where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[delta]kPa/kmol[delta]K.
T = Temperature of vessel vapor space, K.
(4) Emissions caused by the heating of a vessel shall be calculated
using the procedures in either paragraphs (b)(4)(i), (b)(4)(ii), or
(b)(4)(iii) of this section, as appropriate.
(i) If the final temperature to which the vessel contents is heated
is lower than 50 K below the boiling point of the HAP in the vessel,
then emissions shall be calculated using the equations in paragraphs
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
(A) Emissions caused by heating of a vessel shall be calculated
using Equation 5 of this subpart. The assumptions made for this
calculation are atmospheric pressure of 760 millimeters of mercury (mm
Hg) and the displaced gas is always saturated with volatile organic
compounds (VOC) vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR19JN00.026
Where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial
pressure (kPa) of TOC or each organic HAP i in the vessel
headspace at initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
[Delta][eta] = Number of kilogram-moles (kg-moles) of gas displaced,
determined in accordance with paragraph (b)(4)(i)(B) of this
section.
101.325 = Constant, kPa.
(MWWAVG, T1), (MWWAVG, T2) = Weighted average
molecular weight of TOC or total organic HAP in the displaced
gas stream, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
(B) The moles of gas displaced, [Delta][eta], is calculated using
Equation 6 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.027
Where:
[Delta][eta] = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
[[Page 322]]
Pa1 = Initial noncondensible gas partial pressure in the
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.
(C) The initial and final pressure of the noncondensible gas in the
vessel shall be calculated using Equation 7 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.028
Where:
Pa = Initial or final partial pressure of noncondensible gas in the
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic HAP i in the
vessel headspace, kPa, at the initial or final temperature (T1
or T2).
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
(D) The weighted average molecular weight of TOC or organic HAP in
the displaced gas, MWwavg, shall be calculated using Equation
8 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.007
where:
C = TOC or organic HAP component
n = Number of TOC or organic HAP components in stream.
(ii) If the vessel contents are heated to a temperature greater than
50 K below the boiling point, then emissions from the heating of a
vessel shall be calculated as the sum of the emissions calculated in
accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this
section.
(A) For the interval from the initial temperature to the temperature
50 K below the boiling point, emissions shall be calculated using
Equation 5 of this subpart, where T2 is the temperature 50 K
below the boiling point.
(B) For the interval from the temperature 50 K below the boiling
point to the final temperature, emissions shall be calculated as the
summation of emissions for each 5 K increment, where the emissions for
each increment shall be calculated using Equation 5 of this subpart.
(1) If the final temperature of the heatup is at or lower than 5 K
below the boiling point, the final temperature for the last increment
shall be the final temperature for the heatup, even if the last
increment is less than 5 K.
(2) If the final temperature of the heatup is higher than 5 K below
the boiling point, the final temperature for the last increment shall be
the temperature 5 K below the boiling point, even if the last increment
is less than 5 K.
(3) If the vessel contents are heated to the boiling point and the
vessel is not operating with a condenser, the final temperature for the
final increment shall be the temperature 5 K below the boiling point,
even if the last increment is less than 5 K.
(iii) If the vessel is operating with a condenser, and the vessel
contents are heated to the boiling point, the primary condenser, as
specified in paragraph (a)(2) of this section, is considered part of the
process. Emissions shall be calculated as the sum of emissions
calculated using Equation 5 of this subpart, which calculates emissions
due to heating the vessel contents to the temperature of the gas
existing the condenser, and emissions calculated using Equation 4 of
this subpart, which calculates emissions due to the displacement of the
remaining saturated noncondensible gas in the vessel. The final
temperature in Equation 5 of this subpart shall be set equal
[[Page 323]]
to the exit gas temperature of the condenser. Equation 4 of this subpart
shall be used as written below in Equation 4a of this subpart, using
free space volume, and T is set equal to the condenser exit gas
temperature.
[GRAPHIC] [TIFF OMITTED] TR12SE96.008
where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[delta]kPa/kmol[delta]K.
T = Temperature of condenser exit stream, K.
(5) The owner or operator may estimate annual emissions for a batch
emission episode by direct measurement. If direct measurement is used,
the owner or operator shall either perform a test for the duration of a
representative batch emission episode or perform a test during only
those periods of the batch emission episode for which the emission rate
for the entire episode can be determined or for which the emissions are
greater than the average emission rate of the batch emission episode.
The owner or operator choosing either of these options shall develop an
emission profile for the entire batch emission episode, based on either
process knowledge or test data collected, to demonstrate that test
periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch process
vent conditions. Performance tests shall follow the procedures specified
in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. The
procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this section
shall be used to calculate the emissions per batch emission episode.
(i) Method 1 or 1A, 40 CFR part 60, appendix A as appropriate, shall
be used for selection of the sampling sites if the flow measuring device
is a pitot tube. No traverse is necessary when Method 2A or 2D, 40 CFR
part 60, appendix A is used to determine gas stream volumetric flow
rate.
(ii) Annual average batch vent flow rate shall be determined as
specified in paragraph (e) of this section.
(iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be
used to determine the concentration of TOC or organic HAP, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing the
largest percent by volume of the emissions.
(B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(iv) If an integrated sample is taken over the entire batch emission
episode to determine the average batch vent concentration of TOC or
total organic HAP, emissions shall be calculated using Equation 9 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.029
[[Page 324]]
Where:
Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average batch vent concentration of TOC or sample
organic HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
(v) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be calculated
according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section.
(A) For each measurement point, the emission rate shall be
calculated using Equation 10 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.030
Where:
Epoint = Emission rate for individual measurement point, kg/
hr.
K = Constant, 2.494 x 10--6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Concentration of TOC or sample organic HAP component j
of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
(B) The emissions per batch emission episode shall be calculated
using Equation 11 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.011
where:
Eepisode = Emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Ei = Emissions for measurement point i, kg/hr.
n = Number of measurements.
(6) Engineering assessment may be used to estimate emissions from a
batch emission episode, if the criteria in paragraph (b)(6)(i) are met.
Data or other information used to demonstrate that the criteria in
paragraph (b)(6)(i) of this section have been met shall be reported as
specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii)
of this section defines engineering assessment, for the purposes of
estimating emissions from a batch emissions episode. All data,
assumptions, and procedures used in an engineering assessment shall be
documented.
(i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C)
are met for a specific batch emission episode, the owner or operator may
use engineering assessment, as described in paragraph (b)(6)(ii) of this
section, to estimate emissions from that batch emission episode, and the
owner or operator is not required to use the emissions estimation
equations described in paragraphs (b)(1) through (b)(4) of this section
to estimate emissions from that batch emission episode.
(A) Previous test data, where the measurement of organic HAP or TOC
emissions was an outcome of the test, show a greater than 20 percent
discrepancy between the test value and the value estimated using the
applicable equations in paragraphs (b)(1) through (b)(4) of this
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe
test data that will be acceptable under this paragraph (b)(6)(i)(A).
(1) Test data for the batch emission episode obtained during
production of the product for which the demonstration is being made.
(2) Test data obtained for a batch emission episode from another
process train, where the test data were obtained during production of
the product for which the demonstration is being made. Test data from
another process train may be used only if the owner or operator can
demonstrate that the data are representative of the batch emission
episode for which the
[[Page 325]]
demonstration is being made, taking into account the nature, size,
operating conditions, production rate, and sequence of process steps
(e.g., reaction, distillation, etc.) of the equipment in the other
process train.
(B) Previous test data obtained during the production of the product
for which the demonstration is being made, for the batch emission
episode with the highest organic HAP emissions on a mass basis, show a
greater than 20 percent discrepancy between the test value and the value
estimated using the applicable equations in paragraphs (b)(1) through
(b)(4) of this section. If the criteria in this paragraph (b)(6)(i)(B)
are met, then engineering assessment may be used for all batch emission
episodes associated with that batch cycle for the batch unit operation.
(C) The owner or operator has requested and been granted approval to
use engineering assessment to estimate emissions from a batch emissions
episode. The request to use engineering assessment to estimate emissions
from a batch emissions episode shall contain sufficient information and
data to demonstrate to the Administrator that engineering assessment is
an accurate means of estimating emissions for that particular batch
emissions episode. The request to use engineering assessment to estimate
emissions for a batch emissions episode shall be submitted in the
Precompliance Report required under Sec. 63.1335(e)(3).
(ii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results, provided the tests are representative of
current operating practices;
(B) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions;
(C) Flow rate, TOC emission rate, or organic HAP emission rate
specified or implied within a permit limit applicable to the batch
process vent; and
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances;
(2) Estimation of flow rate based on physical equipment design such
as pump or blower capacities;
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(4) Estimation of TOC or organic HAP concentrations based on grab
samples of the liquid or vapor.
(iii) Data or other information used to demonstrate that the
criteria in paragraph (b)(6)(i) of this section have been met shall be
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of
this section.
(A) Data or other information used to demonstrate that the criteria
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met
shall be reported in the Notification of Compliance Status, as required
in Sec. 63.1327(a)(6).
(B) The request for approval to use engineering assessment to
estimate emissions from a batch emissions episode as allowed under
paragraph (b)(6)(i)(C) of this section, and sufficient data or other
information for demonstrating to the Administrator that engineering
assessment is an accurate means of estimating emissions for that
particular batch emissions episode shall be submitted with the
Precompliance Report, as required in Sec. 63.1335(e)(3).
(7) For each batch process vent, the TOC or organic HAP emissions
associated with a single batch cycle shall be calculated using Equation
12 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.012
Where:
Ecycle = Emissions for an individual batch cycle, kg/batch
cycle
Eepisode i = Emissions from batch emission episode i, kg/
episode
n = Number of batch emission episodes for the batch cycle
(8) Annual TOC or organic HAP emissions from a batch process vent
shall be calculated using Equation 13 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.013
where:
[[Page 326]]
AE = Annual emissions from a batch process vent, kg/yr.
Ni = Number of type i batch cycles performed annually,
cycles/year
Ecycle i = Emissions from the batch process vent associated
with a single type i batch cycle, as determined in paragraph
(b)(7) of this section, kg/batch cycle
n = Number of different types of batch cycles that cause the emission of
TOC or organic HAP from the batch process vent
(9) Individual HAP partial pressures in multicomponent systems shall
be determined using the appropriate method specified in paragraphs
(b)(9)(i) through (b)(9)(iii) of this section.
(i) If the components are miscible, use Raoult's law to calculate
the partial pressures;
(ii) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(iii) If Raoult's law or Henry's law are not appropriate or
available, the owner or operator may use any of the options in
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
(A) Experimentally obtained activity coefficients, Henry's law
constants, or solubility data;
(B) Models, such as group-contribution models, to predict activity
coefficients; or
(C) Assume the components of the system behave independently and use
the summation of all vapor pressures from the HAPs as the total HAP
partial pressure.
(c) [Reserved]
(d) Minimum emission level exemption. A batch process vent with
annual emissions of TOC or organic HAP less than 11,800 kg/yr is
considered a Group 2 batch process vent and the owner or operator of
said batch process vent shall comply with the requirements in Sec.
63.1322(f) or (g). Annual emissions of TOC or organic HAP are determined
at the exit of the batch unit operation, as described in paragraph
(a)(2) of this section, and are determined as specified in paragraph (b)
of this section. The owner or operator of said batch process vent is not
required to comply with the provisions in paragraphs (e) through (g) of
this section.
(e) Determination of average batch vent flow rate and annual average
batch vent flow rate. The owner or operator shall determine the average
batch vent flow rate for each batch emission episode in accordance with
one of the procedures provided in paragraphs (e)(1) through (e)(2) of
this section. The annual average batch vent flow rate for a batch
process vent shall be calculated as specified in paragraph (e)(3) of
this section.
(1) Determination of the average batch vent flow rate for a batch
emission episode by direct measurement shall be made using the
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this
section.
(i) The volumetric flow rate (FRi) for a batch emission
episode, in standard cubic meters per minute (scmm) at 20 [deg]C, shall
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A,
as appropriate.
(ii) The volumetric flow rate of a representative batch emission
episode shall be measured every 15 minutes.
(iii) The average batch vent flow rate for a batch emission episode
shall be calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.031
Where:
AFRepisode = Average batch vent flow rate for the batch
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission
episode.
(2) The average batch vent flow rate for a batch emission episode
may be determined by engineering assessment, as defined in paragraph
(b)(6)(i) of this section. All data, assumptions, and procedures used
shall be documented.
(3) The annual average batch vent flow rate for a batch process vent
shall be calculated using Equation 15 of this subpart.
[[Page 327]]
[GRAPHIC] [TIFF OMITTED] TR19JN00.032
Where:
AFR = Annual average batch vent flow rate for the batch process vent,
scmm.
DURi = Duration of type i batch emission episodes annually,
hrs/yr.
AFRepisode, i = Average batch vent flow rate for type i batch
emission episode, scmm.
n = Number of types of batch emission episodes venting from the batch
process vent.
(f) Determination of cutoff flow rate. For each batch process vent,
the owner or operator shall calculate the cutoff flow rate using
Equation 16 of this subpart.
CFR = (0.00437) (AE) - 51.6 [Eq. 16]
where:
CFR = Cutoff flow rate, scmm.
AE = Annual TOC or organic HAP emissions, as determined in paragraph
(b)(8) of this section, kg/yr.
(g) Group 1/Group 2 status determination. The owner or operator
shall compare the cutoff flow rate, calculated in accordance with
paragraph (f) of this section, with the annual average batch vent flow
rate, determined in accordance with paragraph (e)(3) of this section.
The group determination status for each batch process vent shall be made
using the criteria specified in paragraphs (g)(1) and (g)(2) of this
section.
(1) If the cutoff flow rate is greater than or equal to the annual
average batch vent flow rate of the stream, the batch process vent is
classified as a Group 1 batch process vent.
(2) If the cutoff flow rate is less than the annual average batch
vent flow rate of the stream, the batch process vent is classified as a
Group 2 batch process vent.
(h) Determination of halogenation status. To determine whether a
batch process vent or an aggregate batch vent stream is halogenated, the
annual mass emission rate of halogen atoms contained in organic
compounds shall be calculated using the procedures specified in
paragraphs (h)(1) through (h)(3) of this section.
(1) The concentration of each organic compound containing halogen
atoms (ppmv, by compound) for each batch emission episode shall be
determined after the last recovery device (if any recovery devices are
present), based on any one of the following procedures:
(i) Process knowledge that no halogens or hydrogen halides are
present in the process may be used to demonstrate that a batch emission
episode is nonhalogenated. Halogens or hydrogen halides that are
unintentionally introduced into the process shall not be considered in
making a finding that a batch emission episode is nonhalogenated.
(ii) Engineering assessment as discussed in paragraph (b)(6)(i) of
this section.
(iii) Average concentration of organic compounds containing halogens
and hydrogen halides as measured by Method 26 or 26A, 40 CFR part 60,
appendix A.
(iv) Any other method or data that has been validated according to
the applicable procedures in Method 301 of appendix A of this part.
(2) The annual mass emissions of halogen atoms for a batch process
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.033
[[Page 328]]
Where:
Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/yr),
where standard temperature is 20 [deg]C.
AFR = Annual average batch vent flow rate of the batch process vent,
determined according to paragraph (e) of this section, scmm.
Mj, i = Molecular weight of halogen atom i in compound j, kg/
kg-mole.
Lj, i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch
process vent.
Cavgj = Annual average batch vent concentration of
halogenated compound j in the batch process vent as determined
by using Equation 18 of this subpart, dry basis, ppmv.
[GRAPHIC] [TIFF OMITTED] TR19JN00.034
Where:
DURi = Duration of type i batch emission episodes annually,
hrs/yr.
Ci = Average batch vent concentration of halogenated compound
j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the batch
process vent.
(3) The annual mass emissions of halogen atoms for an aggregate
batch vent stream shall be the sum of the annual mass emissions of
halogen atoms for all batch process vents included in the aggregate
batch vent stream.
(i) Process changes affecting Group 2 batch process vents. Whenever
process changes, as described in paragraph (i)(1) of this section, are
made that affect one or more Group 2 batch process vents and that could
reasonably be expected to change one or more Group 2 batch process vents
to Group 1 batch process vents or that could reasonably be expected to
reduce the batch mass input limitation for one or more Group 2 batch
process vents, the owner or operator shall comply with paragraphs (i)(2)
and (3) of this section.
(1) Examples of process changes include the changes listed in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
(i) For all batch process vents, examples of process changes
include, but are not limited to, changes in feedstock type or catalyst
type; or whenever there is replacement, removal, or modification of
recovery equipment considered part of the batch unit operation as
specified in paragraph (a)(2) of this section; or increases in
production capacity or production rate. For purposes of this paragraph
(i), process changes do not include: Process upsets; unintentional,
temporary process changes; and changes that are within the margin of
variation on which the original group determination was based.
(ii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the expected mix of
products, the situations described in paragraphs (i)(1)(ii)(A) and (B)
of this section shall be considered to be process changes.
(A) The production of combinations of products not considered in
establishing the batch mass input limitation.
(B) The production of a recipe of a product with a total mass of HAP
charged to the reactor during the production of a single batch of
product that is higher than the total mass of HAP for the recipe used as
the single highest-HAP recipe for that product in the batch mass input
limitation determination.
(iii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the single highest-HAP
recipe (considering all products produced or processed in the batch unit
operation), the production of a recipe having a total mass of HAP
charged to the reactor (during the production of a single batch of
product) that is higher than the total mass of HAP for the highest-HAP
recipe used in the batch mass input limitation determination shall be
considered to be a process change.
(2) For each batch process vent affected by a process change, the
owner or operator shall redetermine the group status by repeating the
procedures specified in paragraphs (b)
[[Page 329]]
through (g) of this section, as applicable; alternatively, engineering
assessment, as described in paragraph (b)(6)(i) of this section, may be
used to determine the effects of the process change.
(3) Based on the results from paragraph (i)(2) of this section,
owners or operators of affected sources shall comply with either
paragraph (i)(3)(i), (ii), or (iii) of this section.
(i) If the group redetermination described in paragraph (i)(2) of
this section indicates that a Group 2 batch process vent has become a
Group 1 batch process vent as a result of the process change, the owner
or operator shall submit a report as specified in Sec. 63.1327(b) and
shall comply with the Group 1 provisions in Sec. Sec. 63.1322 through
63.1327 in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as
applicable.
(ii) If the redetermination described in paragraph (i)(2) of this
section indicates that a Group 2 batch process vent with annual
emissions less than the level specified in paragraph (d) of this
section, that is in compliance with Sec. 63.1322(g), now has annual
emissions greater than or equal to the level specified in paragraph (d)
of this section but remains a Group 2 batch process vent, the owner or
operator shall comply with the provisions in paragraphs (i)(3)(ii)(A)
through (C) of this section.
(A) Redetermine the batch mass input limitation;
(B) Submit a report as specified in Sec. 63.1327(c); and
(C) Comply with Sec. 63.1322(f), beginning with the year following
the submittal of the report submitted according to paragraph
(i)(3)(ii)(B) of this section.
(iii) If the group redetermination described in paragraph (i)(2) of
this section indicates no change in group status or no change in the
relation of annual emissions to the levels specified in paragraph (d) of
this section, the owner or operator shall comply with paragraphs
(i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
(A) The owner or operator shall redetermine the batch mass input
limitation; and
(B) The owner or operator shall submit the new batch mass input
limitation in accordance with Sec. 63.1327(c).
(j) Process changes to new SAN affected sources using a batch
process. Whenever process changes, as described in paragraph (j)(1) of
this section, are made to a new affected source producing SAN using a
batch process that could reasonably be expected to adversely impact the
compliance status (i.e., achievement of 84 percent emission reduction)
of the affected source, the owner or operator shall comply with
paragraphs (j)(2) and (3) of this section.
(1) Examples of process changes include, but are not limited to,
changes in production capacity, production rate, feedstock type, or
catalyst type; replacement, removal, or addition of recovery equipment
considered part of a batch unit operation, as specified in paragraph
(a)(1) of this section; replacement, removal, or addition of control
equipment associated with a continuous or batch process vent or an
aggregate batch vent stream. For purposes of this paragraph (j)(1),
process changes do not include process upsets or unintentional,
temporary process changes.
(2) The owner or operator shall redetermine the percent emission
reduction achieved using the procedures specified in Sec. 63.1333(c).
If engineering assessment, as described in paragraph (b)(6)(i) of this
section, can demonstrate that the process change did not cause the
percent emission reduction to decrease, it may be used in lieu of
redetermining the percent reduction using the procedures specified in
Sec. 63.1333(c).
(3) Where the redetermined percent reduction is less than 84
percent, the owner or operator of the affected source shall submit a
report as specified in Sec. 63.1327(d) and shall comply with Sec.
63.1322(a)(3) and all associated provisions in accordance with Sec.
63.1310(i).
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
65 FR 38113, June 19, 2000; 66 FR 36938, July 16, 2001]
Sec. 63.1324 Batch process vents--monitoring equipment.
(a) General requirements. Each owner or operator of a batch process
vent or aggregate batch vent stream that uses a control device to comply
with the requirements in Sec. 63.1322(a) or Sec. 63.1322(b),
[[Page 330]]
shall install the monitoring equipment specified in paragraph (c) of
this section. All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
(1) This monitoring equipment shall be in operation at all times
when batch emission episodes, or portions thereof, that the owner or
operator has selected to control are vented to the control device, or at
all times when an aggregate batch vent stream is vented to the control
device.
(2) Except as otherwise provided in this subpart, the owner or
operator shall operate control devices such that the daily average of
monitored parameters, established as specified in paragraph (f) of this
section, remains above the minimum level or below the maximum level, as
appropriate.
(b) Continuous process vents. Each owner or operator of a continuous
process vent that uses a control device or recovery device to comply
with the requirements in Sec. 63.1322(a)(3) shall comply with the
applicable requirements of Sec. 63.1315(a) as specified in Sec.
63.1321(b).
(c) Batch process vent and aggregate batch vent stream monitoring
equipment. The monitoring equipment specified in paragraphs (c)(1)
through (c)(8) of this section shall be installed as specified in
paragraph (a) of this section. The parameters to be monitored are
specified in Table 7 of this subpart.
(1) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(i) Where an incinerator other than a catalytic incinerator is used,
the temperature monitoring device shall be installed in the firebox or
in the ductwork immediately downstream of the firebox in a position
before any substantial heat exchange occurs.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(2) Where a flare is used, a device (including but not limited to a
thermocouple, ultra-violet beam sensor, or infrared sensor) capable of
continuously detecting the presence of a pilot flame is required.
(3) Where a boiler or process heater of less than 44 megawatts
design heat input capacity is used, a temperature monitoring device in
the firebox equipped with a continuous recorder is required. Any boiler
or process heater in which all batch process vents or aggregate batch
vent streams are introduced with the primary fuel or are used as the
primary fuel is exempt from this requirement.
(4) Where a scrubber is used with an incinerator, boiler, or process
heater in concert with the combustion of halogenated batch process vents
or halogenated aggregate batch vent streams, the following monitoring
equipment is required for the scrubber.
(i) A pH monitoring device equipped with a continuous recorder to
monitor the pH of the scrubber effluent.
(ii) A flow measurement device equipped with a continuous recorder
shall be located at the scrubber influent for liquid flow. Gas stream
flow shall be determined using one of the procedures specified in
paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the
owner or operator may determine gas stream flow by the method that had
been utilized to comply with those regulations. A determination that was
conducted prior to the compliance date for this subpart may be utilized
to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least provide
a value for either a representative or the highest gas stream
[[Page 331]]
flow anticipated in the scrubber during representative operating
conditions other than malfunctions. The plan shall include a description
of the methodology to be followed and an explanation of how the selected
methodology will reliably determine the gas stream flow, and a
description of the records that will be maintained to document the
determination of gas stream flow. The owner or operator shall maintain
the plan as specified in Sec. 63.1335(a).
(5) Where an absorber is used, a scrubbing liquid temperature
monitoring device and a specific gravity monitoring device are required,
each equipped with a continuous recorder.
(6) Where a condenser is used, a condenser exit temperature (product
side) monitoring device equipped with a continuous recorder is required.
(7) Where a carbon adsorber is used, an integrating regeneration
steam flow or nitrogen flow, or pressure monitoring device having an
accuracy of 10 percent of the flow rate, level, or
pressure, or better, capable of recording the total regeneration steam
flow or nitrogen flow, or pressure (gauge or absolute) for each
regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of completing any cooling cycle are required.
(8) As an alternate to paragraphs (c)(5) through (c)(7) of this
section, the owner or operator may install an organic monitoring device
equipped with a continuous recorder.
(d) Alternative monitoring parameters. An owner or operator of a
batch process vent or aggregate batch vent stream may request approval
to monitor parameters other than those required by paragraph (c) of this
section. The request shall be submitted according to the procedures
specified in Sec. 63.1327(f) and Sec. 63.1335(f). Approval shall be
requested if the owner or operator:
(1) Uses a control device other than those included in paragraph (c)
of this section; or
(2) Uses one of the control devices included in paragraph (c) of
this section, but seeks to monitor a parameter other than those
specified in Table 7 of this subpart and paragraph (c) of this section.
(e) Monitoring of bypass lines. Owners or operators of a batch
process vent or aggregate batch vent stream using a vent system that
contains bypass lines that could divert emissions away from a control
device used to comply with Sec. 63.1322(a) or Sec. 63.1322(b) shall
comply with either paragraph (e)(1) or (e)(2) of this section. Equipment
such as low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and pressure relief valves needed for safety purposes
are not subject to this paragraph (e).
(1) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 63.1326(e)(3). The flow indicator shall
be installed at the entrance to any bypass line that could divert
emissions away from the control device and to the atmosphere; or
(2) Secure the bypass line damper or valve in the non-diverting
position with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure that the damper or valve is maintained in the
non-diverting position and emissions are not diverted through the bypass
line. Records shall be generated as specified in Sec. 63.1326(e)(4).
(f) Establishment of parameter monitoring levels. Parameter
monitoring levels for batch process vents and aggregate batch vent
streams shall be established as specified in paragraphs (f)(1) through
(f)(3) of this section. For continuous process vents complying with
Sec. 63.1322(a)(3), parameter monitoring levels shall be established as
specified in Sec. 63.1315(a), except as specified in paragraph (f)(4)
of this section.
(1) For each parameter monitored under paragraph (c) or (d) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 8 of
this subpart, that indicates proper operation of the control device. The
level shall be established in accordance with the procedures specified
in Sec. 63.1334. The level may be based upon a prior performance
[[Page 332]]
test conducted for determining compliance with a regulation promulgated
by EPA, and the owner or operator is not required to conduct a
performance test under Sec. 63.1325, provided that the prior
performance test meets the conditions of Sec. 63.1325(b)(3).
(i) For batch process vents using a control device to comply with
Sec. 63.1322(a)(2), the established level shall reflect the control
efficiency established as part of the initial compliance demonstration
specified in Sec. 63.1325(c)(2).
(ii) For aggregate batch vent streams using a control device to
comply with Sec. 63.1322(b)(2), the established level shall reflect the
emission reduction requirement of either 90 percent or 20 ppmv specified
in Sec. 63.1322(b)(2).
(iii) For batch process vents and aggregate batch vent streams using
a control device to comply with Sec. 63.1322(a)(3), the established
level shall reflect the control efficiency established as part of the
initial compliance demonstration specified in Sec. 63.1325(f)(4).
(2) The established level, along with supporting documentation,
shall be submitted in the Notification of Compliance Status or the
operating permit application as required in Sec. 63.1335(e)(5) or Sec.
63.1335(e)(8), respectively.
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (f)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends. The
operating day shall not exceed 24 hours.
(4) For continuous process vents using a control or recovery device
to comply with Sec. 63.1322(a)(3), the established level shall reflect
the control efficiency established as part of the initial compliance
demonstration specified in Sec. 63.1325(f)(4).
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38118, June 19, 2000;
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]
Sec. 63.1325 Batch process vents--performance test methods and
procedures to determine compliance.
(a) Use of a flare. When a flare is used to comply with Sec.
63.1322(a)(1), Sec. 63.1322(a)(3), Sec. 63.1322(b)(1), or Sec.
63.1322(b)(3), the owner or operator of an affected source shall comply
with Sec. 63.1333(e).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a control device specified
in paragraphs (b)(1) through (b)(5) of this section is used to comply
with Sec. 63.1322(a)(2) or (a)(3).
(1) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(2) A boiler or process heater where the vent stream is introduced
with the primary fuel or is used as the primary fuel.
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same Methods specified in this section and
either no deliberate process changes have been made since the test, or
the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes. Recovery devices used for
controlling emissions from continuous process vents complying with Sec.
63.1322(a)(3) are also eligible for the exemption described in this
paragraph (b)(3).
(4) A boiler or process heater burning hazardous waste for which the
owner or operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(c) Batch process vent testing and procedures for compliance with
Sec. 63.1322(a)(2). Except as provided in paragraph (a) or (b) of this
section, an
[[Page 333]]
owner or operator using a control device to comply with Sec.
63.1322(a)(2) shall conduct a performance test using the procedures
specified in paragraph (c)(1) of this section in order to determine the
control efficiency of the control device. An owner or operator shall
determine the percent reduction for the batch cycle using the control
efficiency of the control device as specified in paragraphs (c)(2)(i)
through (c)(2)(iii) of this section and the procedures specified in
paragraph (c)(2) of this section. Compliance may be based on either
total organic HAP or TOC. For purposes of this paragraph (c), the term
``batch emission episode'' shall have the meaning ``period of the batch
emission episode selected for control,'' which may be the entire batch
emission episode or may only be a portion of the batch emission episode.
(1) Performance tests shall be conducted as specified in paragraphs
(c)(1)(i) through (c)(1)(v) of this section.
(i) Except as specified in paragraph (c)(1)(i)(A) of this section, a
test shall be performed for the entire period of each batch emission
episode in the batch cycle that the owner or operator selects to control
as part of achieving the required 90 percent emission reduction for the
batch cycle specified in Sec. 63.1322(a)(2). Only one test is required
for each batch emission episode selected by the owner or operator for
control. The owner or operator shall follow the procedures listed in
paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section.
(A) Alternatively, an owner or operator may choose to test only
those periods of the batch emission episode during which the emission
rate for the entire episode can be determined or during which the
emissions are greater than the average emission rate of the batch
emission episode. The owner or operator choosing either of these options
shall develop an emission profile for the entire batch emission episode,
based on either process knowledge or test data collected, to demonstrate
that test periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch process
vent conditions.
(B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube, except that references to particulate matter in
Method 1A do not apply for the purposes of this subpart. No traverse is
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to
determine gas stream volumetric flow rate. Inlet sampling sites shall be
located as specified in paragraphs (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2)
of this section. Outlet sampling sites shall be located at the outlet of
the control device prior to release to the atmosphere.
(1) The control device inlet sampling site shall be located at the
exit from the batch unit operation before any control device. Sec.
63.1323(a)(2) describes those recovery devices considered part of the
unit operation. Inlet sampling sites would be after these specified
recovery devices.
(2) If a batch process vent is introduced with the combustion air or
as a secondary fuel into a boiler or process heater with a design
capacity less than 44 megawatts, selection of the location of the inlet
sampling sites shall ensure the measurement of total organic HAP or TOC
(minus methane and ethane) concentrations in all batch process vents and
primary and secondary fuels introduced into the boiler or process
heater.
(C) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be
used to determine the concentration of organic HAP or TOC, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
(1) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing the
largest percent by volume of the emissions.
[[Page 334]]
(2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(ii) If an integrated sample is taken over the entire test period to
determine average batch vent concentration of TOC or total organic HAP,
emissions per batch emission episode shall be calculated using Equations
19 and 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.035
[GRAPHIC] [TIFF OMITTED] TR19JN00.036
Where:
Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average inlet or outlet concentration of TOC or sample
organic HAP component j of the gas stream for the batch
emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch
emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
(iii) If grab samples are taken to determine average batch vent
concentration of TOC or total organic HAP, emissions shall be calculated
according to paragraphs (c)(1)(iii)(A) and (B) of this section.
(A) For each measurement point, the emission rates shall be
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.037
[GRAPHIC] [TIFF OMITTED] TR19JN00.038
Where:
Epoint = Inlet or outlet emission rate for the measurement
point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Inlet or outlet concentration of TOC or sample organic
HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point,
dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
[[Page 335]]
(B) The emissions per batch emission episode shall be calculated
using Equations 23 and 24 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.022
[GRAPHIC] [TIFF OMITTED] TR12SE96.023
where:
Eepisode = Inlet or outlet emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Epoint, i = Inlet or outlet emissions for measurement point
i, kg/hr.
n = Number of measurements.
(iv) The control efficiency for the control device shall be
calculated using Equation 25 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.024
where:
R = Control efficiency of control device, percent.
Einlet = Mass rate of TOC or total organic HAP for batch
emission episode i at the inlet to the control device as
calculated under paragraph (c)(1)(ii) or (c)(1)(iii) of this
section, kg/hr.
Eoutlet = Mass rate of TOC or total organic HAP for batch
emission episode i at the outlet of the control device, as
calculated under paragraph (c)(1)(ii) or (c)(1)(iii) of this
section, kg/hr.
n = Number of batch emission episodes in the batch cycle selected to be
controlled.
(v) If the batch process vent entering a boiler or process heater
with a design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic HAP or TOC across the device shall be determined by
comparing the TOC or total organic HAP in all combusted batch process
vents and primary and secondary fuels with the TOC or total organic HAP,
respectively, exiting the combustion device.
(2) The percent reduction for the batch cycle shall be determined
using Equation 26 of this subpart and the control device efficiencies
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
All information used to calculate the batch cycle percent reduction,
including a definition of the batch cycle identifying all batch emission
episodes, shall be recorded as specified in Sec. 63.1326(b)(2). This
information shall include identification of those batch emission
episodes, or portions thereof, selected for control.
[[Page 336]]
[GRAPHIC] [TIFF OMITTED] TR19JN00.039
Where:
PR = Percent reduction
Eunc = Mass rate of TOC or total organic HAP for uncontrolled
batch emission episode i, kg/hr.
Einlet, con = Mass rate of TOC or total organic HAP for
controlled batch emission episode i at the inlet to the
control device, kg/hr.
R = Control efficiency of control device as specified in paragraphs
(c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch
emission episodes, and control devices. The value of n is not
necessarily the same for these three items.
(i) If a performance test is required by paragraph (c) of this
section, the control efficiency of the control device shall be as
determined in paragraph (c)(1)(iv) of this section.
(ii) If a performance test is not required by paragraph (c) of this
section for a combustion control device, as specified in paragraph (b)
of this section, the control efficiency shall be 98 percent. The control
efficiency for a flare shall be 98 percent.
(iii) If a performance test is not required by paragraph (c) of this
section for a noncombustion control device, the control efficiency shall
be determined by the owner or operator based on engineering assessment.
(d) Batch process vent and aggregate batch vent stream testing for
compliance with Sec. 63.1322(c) [halogenated emission streams]. An
owner or operator controlling halogenated emissions in compliance with
Sec. 63.1322(c) shall conduct a performance test to determine
compliance with the control efficiency specified in Sec. 63.1322(c)(1)
or the emission limit specified in Sec. 63.1322(c)(2) for hydrogen
halides and halogens.
(1) Sampling sites shall be located at the inlet and outlet of the
scrubber or other halogen reduction device used to reduce halogen
emissions in complying with Sec. 63.1322(c)(1) or at the outlet of the
halogen reduction device used to reduce halogen emissions in complying
with Sec. 63.1322(c)(2).
(2) The mass emissions of each hydrogen halide and halogen compound
for the batch cycle or aggregate batch vent stream shall be calculated
from the measured concentrations and the gas stream flow rate(s)
determined by the procedures specified in paragraphs (d)(2)(i) and
(d)(2)(ii) of this section except as specified in paragraph (d)(5) of
this section.
(i) Method 26 or Method 26A, 40 CFR part 60, appendix A, shall be
used to determine the concentration, in Mg per dry scm, of total
hydrogen halides and halogens present in the emissions stream.
(ii) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(3) To determine compliance with the percent reduction specified in
Sec. 63.1322(c)(1), the mass emissions for any hydrogen halides and
halogens present at the inlet of the scrubber or other halogen reduction
device shall be summed together. The mass emissions of any hydrogen
halides or halogens present at the outlet of the scrubber or other
halogen reduction device shall be summed together. Percent reduction
shall be determined by subtracting the outlet mass emissions from the
inlet mass emissions and then dividing the result by the inlet mass
emissions and multiplying by 100.
(4) To determine compliance with the emission limit specified in
Sec. 63.1322(c)(2), the annual mass emissions for any hydrogen halides
and halogens present at the outlet of the halogen reduction device and
prior to any combustion device shall be summed together and compared to
the emission limit specified in Sec. 63.1322(c)(2).
[[Page 337]]
(5) The owner or operator may use any other method to demonstrate
compliance if the method or data has been validated according to the
applicable procedures of Method 301 of appendix A of this part.
(e) Aggregate batch vent stream testing for compliance with Sec.
63.1322(b)(2) or (b)(3). Except as specified in paragraphs (e)(1)
through (e)(3) of this section, owners or operators of aggregate batch
vent streams complying with Sec. 63.1322(b)(2) or (b)(3) shall conduct
a performance test using the performance testing procedures for
continuous process vents in Sec. 63.116(c).
(1) For purposes of this subpart, when the provisions of Sec.
63.116(c) specify that Method 18, 40 CFR part 60, appendix A, shall be
used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used.
The use of Method 25A, 40 CFR part 60, appendix A, shall conform with
the requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(2) When Sec. 63.116(c)(4) refers to complying with an emission
reduction of 98 percent, for purposes of this subpart, the 90 percent
reduction requirement specified in Sec. 63.1322(b)(2) shall apply.
(3) When a combustion device is used to comply with the 20 parts per
million by volume outlet concentration standard specified in Sec.
63.1322(b)(2), the correction to 3 percent oxygen specified in the
performance testing procedures of Sec. 63.116(c)(3) and Sec.
63.116(c)(3)(iii) is only required when supplemental combustion air is
used to combust the emissions, for the purposes of this subpart.
(f) Compliance with Sec. 63.1322(a)(3) [new SAN batch affected
sources]. Except as provided in paragraph (b) of this section, an owner
or operator using a control or recovery device to comply with the
percent reduction requirement in Sec. 63.1322(a)(3) shall conduct
performance tests as specified in either paragraph (f)(1), (f)(2), or
(f)(3) of this section, as applicable. Compliance with Sec.
63.1322(a)(3) shall be determined as specified in paragraph (f)(4) of
this section.
(1) For batch process vents, performance tests shall be conducted
using the procedures specified in paragraph (c) of this section, except
that the owner or operator is not required to determine the percent
reduction for the batch cycle as specified in paragraph (c)(2) of this
section.
(2) For continuous process vents, performance tests shall be
conducted as required by the applicable requirements of Sec. 63.1315(a)
as specified in Sec. 63.1321(b).
(3) For aggregate batch vent streams, performance tests shall be
conducted as specified in paragraph (e) of this section.
(4) Compliance with the percent reduction requirement of Sec.
63.1322(a)(3) shall be demonstrated using the procedures specified in
Sec. 63.1333(c) and the control device efficiencies specified in either
paragraph (f)(4)(i) or (f)(4)(ii) of this section. Emissions for
uncontrolled continuous process vents and aggregate batch vent streams
shall be determined based on the direct measurement procedures specified
in paragraph (f)(2) and (f)(3) of this section, respectively, or based
on engineering assessment, as specified in Sec. 63.1323(b)(6)(i). At
the discretion of the owner or operator, emissions for uncontrolled
batch process vents shall be determined based on any of the procedures
in Sec. 63.1323(b).
(i) For noncombustion devices, the control efficiency shall be as
determined by the performance test required by paragraph (f)(1), (f)(2),
or (f)(3) of this section. Alternatively, if a performance test is not
required by paragraph (c) of this section, the control efficiency shall
be determined by the owner or operator based on engineering assessment.
(ii) For combustion devices, the control efficiency shall be as
determined by the performance test required by paragraph (f)(1), (f)(2),
or (f)(3) of this section. Alternatively, if a performance test is not
required, the control
[[Page 338]]
efficiency shall be 98 percent. The control efficiency for a flare shall
be 98 percent.
(g) Batch mass input limitation. The batch mass input limitation
required by Sec. 63.1322(g)(1) shall be determined by the owner or
operator such that annual emissions for the batch process vent remain
less than the level specified in Sec. 63.1323(d). The batch mass input
limitation required by Sec. 63.1322(f)(1) shall be determined by the
owner or operator such that annual emissions remain at a level that
ensures that said batch process vent remains a Group 2 batch process
vent, given the actual annual flow rate for said batch process vent
determined according to the procedures specified in Sec. 63.1323(e)(3).
The batch mass input limitation shall be determined using the same
basis, as described in Sec. 63.1323(a)(1), used to make the group
determination (i.e., expected mix of products or highest-HAP recipe.)
The establishment of the batch mass input limitation is not dependent
upon any past production or activity level.
(1) If the expected mix of products serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based on any foreseeable combination of products that the
owner or operator expects to manufacture.
(2) If the single highest-HAP recipe serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based solely on the production of the single highest-HAP
recipe, considering all products produced or processed in the batch unit
operation.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
65 FR 38119, June 19, 2000]
Sec. 63.1326 Batch process vents--recordkeeping provisions.
(a) Group determination records for batch process vents. Except as
provided in paragraphs (a)(7) and (a)(8) of this section, each owner or
operator of an affected source shall maintain the records specified in
paragraphs (a)(1) through (a)(6) of this section for each batch process
vent subject to the group determination procedures of Sec. 63.1323.
Except for paragraph (a)(1) of this section, the records required by
this paragraph (a) are restricted to the information developed and used
to make the group determination under Sec. Sec. 63.1323(b) through
63.1323(g), as appropriate. If an owner or operator did not need to
develop certain information (e.g., annual average batch vent flow rate)
to determine the group status, this paragraph (a) does not require that
additional information be developed. Paragraph (a)(9) of this section
specifies the recordkeeping requirements for Group 2 batch process vents
that are exempt from the batch mass input limitation provisions, as
allowed under Sec. 63.1322(h).
(1) An identification of each unique product that has emissions from
one or more batch emission episodes venting from the batch process vent,
along with an identification of the single highest-HAP recipe for each
product and the mass of HAP fed to the reactor for that recipe.
(2) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this
section, as appropriate.
(i) If the group determination is based on the expected mix of
products, records shall include the emission estimates for the single
highest-HAP recipe of each unique product identified in paragraph (a)(1)
of this section that was considered in making the group determination
under Sec. 63.1323.
(ii) If the group determination is based on the single highest-HAP
recipe (considering all products produced or processed in the batch unit
operation), records shall include the emission estimates for the single
highest-HAP recipe.
(3) Total annual uncontrolled TOC or organic HAP emissions,
determined at the exit from the batch unit operation before any control
device, determined in accordance with Sec. 63.1323(b).
(i) For Group 2 batch process vents, said emissions shall be
determined at the batch mass input limitation.
(ii) For Group 1 batch process vents, said emissions shall be those
used to determine the group status of the batch process vent.
(4) The annual average batch vent flow rate for the batch process
vent,
[[Page 339]]
determined in accordance with Sec. 63.1323(e).
(5) The cutoff flow rate, determined in accordance with Sec.
63.1323(f).
(6) The results of the batch process vent group determination,
conducted in accordance with Sec. 63.1323(g).
(7) If a batch process vent is subject to Sec. 63.1322(a) or (b),
none of the records in paragraphs (a)(1) through (a)(6) of this section
are required.
(8) If the total annual emissions from the batch process vent during
the group determination are less than the appropriate level specified in
Sec. 63.1323(d), only the records in paragraphs (a)(1) through (a)(3)
of this section are required.
(9) For each Group 2 batch process vent that is exempt from the
batch mass input limitation provisions because it meets the criteria of
Sec. 63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii)
shall be maintained.
(i) Documentation of the maximum design capacity of the TPPU; and
(ii) The mass of HAP or material that can be charged annually to the
batch unit operation at the maximum design capacity.
(b) Compliance demonstration records. Each owner or operator of a
batch process vent or aggregate batch vent stream complying with Sec.
63.1322(a) or (b), shall keep the following records, as applicable,
readily accessible:
(1) The annual mass emissions of halogen atoms in the batch process
vent or aggregate batch vent stream determined according to the
procedures specified in Sec. 63.1323(h);
(2) If the owner or operator of a batch process vent has chosen to
comply with Sec. 63.1322(a)(2), records documenting the batch cycle
percent reduction as specified in Sec. 63.1325(c)(2); and
(3) When using a flare to comply with Sec. 63.1322 (a)(1), (a)(3),
(b)(1), or (b)(3):
(i) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.1333(e); and
(iii) Periods when all pilot flames were absent.
(4) The following information when using a control device to meet
the percent reduction requirement specified in Sec. 63.1322(a)(2),
(a)(3), (b)(2), or (b)(3):
(i) For an incinerator or non-combustion control device, the percent
reduction of organic HAP or TOC achieved, as determined using the
procedures specified in Sec. 63.1325(c) for batch process vents and
Sec. 63.1325(e) for aggregate batch vent streams;
(ii) For a boiler or process heater, a description of the location
at which the vent stream is introduced into the boiler or process
heater;
(iii) For a boiler or process heater with a design heat input
capacity of less than 44 megawatts and where the vent stream is
introduced with combustion air or used as a secondary fuel and is not
mixed with the primary fuel, the percent reduction of organic HAP or TOC
achieved, as determined using the procedures specified in Sec.
63.1325(c) for batch process vents and Sec. 63.1325(e) for aggregate
batch vent streams; and
(iv) For a scrubber or other halogen reduction device following a
combustion device to control halogenated batch process vents or
halogenated aggregate batch vent streams, the percent reduction of total
hydrogen halides and halogens as determined under Sec. 63.1325(d)(3) or
the emission limit determined under Sec. 63.1325(d)(4).
(5) When complying with the 20 parts per million by volume outlet
concentration standard specified in Sec. 63.1322(b)(2), records of the
outlet concentration of organic HAP or TOC on a dry basis. If
supplemental combustion air is used to combust the emissions, the outlet
concentration shall be corrected to 3 percent oxygen. If supplemental
combustion air is not used, a correction to 3 percent oxygen is not
required.
(c) Establishment of parameter monitoring level records. For each
parameter monitored according to Sec. 63.1324(c) and Table 7 of this
subpart, or for alternate parameters and/or parameters for alternate
control devices monitored according to Sec. 63.1327(f) as allowed under
Sec. 63.1324(d), maintain documentation showing the establishment of
the level that indicates proper operation of the control device as
required by Sec. 63.1324(f) for parameters specified in Sec.
63.1324(c)
[[Page 340]]
and as required by Sec. 63.1335(e) for alternate parameters. Said
documentation shall include the parameter monitoring data used to
establish the level.
(d) Group 2 batch process vent continuous compliance records. The
owner or operator of a Group 2 batch process vent shall comply with
either paragraph (d)(1) or (d)(2) of this section, as appropriate.
(1) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(g) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(g)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(2) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(f) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(f)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(e) Controlled batch process vent continuous compliance records.
Each owner or operator of a batch process vent that has chosen to use a
control device to comply with Sec. 63.1322(a) shall keep the following
records, as applicable, readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.1324(c) as applicable, and
listed in Table 7 of this subpart, or specified by the Administrator in
accordance with Sec. 63.1327(f) as allowed under Sec. 63.1324(d). Said
records shall be kept as specified under Sec. 63.1335(d), except as
specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of batch cycle daily averages.
(2) Records of the batch cycle daily average value of each
continuously monitored parameter, except as provided in paragraph
(e)(2)(iii) of this section, as calculated using the procedures
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
(i) The batch cycle daily average shall be calculated as the average
of all parameter values measured for an operating day during those batch
emission episodes, or portions thereof, in the batch cycle that the
owner or operator has selected to control.
(ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the TPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, or periods of start-up, shutdown, or
malfunction shall not be included in computing the batch cycle daily
averages.
(iii) If all recorded values for a monitored parameter during an
operating day are above the minimum or below the maximum level
established in accordance with Sec. 63.1324(f), the owner or operator
may record that all values were above the minimum or below the maximum
level established rather than calculating and recording a batch cycle
daily average for that operating day.
(3) Hourly records of whether the flow indicator for bypass lines
specified in Sec. 63.1324(e)(1) was operating and whether a diversion
was detected at any time during the hour. Also, records of the times of
all periods when the vent is diverted from the control device or the
flow indicator specified in Sec. 63.1324(e)(1) is not operating.
(4) Where a seal or closure mechanism is used to comply with Sec.
63.1324(e)(2), hourly records of whether a diversion was detected at any
time are not required. The owner or operator shall record whether the
monthly visual inspection of the seals or closure mechanisms has been
done, and shall record the occurrence of all periods when the seal
mechanism is broken, the bypass line damper or valve position has
changed, or the key for a lock-and-key type configuration has been
[[Page 341]]
checked out, and records of any car-seal that has broken.
(5) Records specifying the times and duration of periods of
monitoring system breakdowns, repairs, calibration checks, and zero
(low-level) and high-level adjustments. In addition, records specifying
any other periods of process or control device operation when monitors
are not operating.
(f) Aggregate batch vent stream continuous compliance records. In
addition to the records specified in paragraphs (b) and (c) of this
section, each owner or operator of an aggregate batch vent stream using
a control device to comply with Sec. 63.1322(b)(1) or (b)(2) shall keep
the following records readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.1324(c) and listed in Table 7
of this subpart, as applicable, or specified by the Administrator in
accordance with Sec. 63.1327(f), as allowed under Sec. 63.1324(d),
with the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section.
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of daily averages.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.1335(d).
(3) For demonstrating compliance with the monitoring of bypass lines
as specified in Sec. 63.1324(e), records as specified in paragraphs
(e)(3) or (e)(4) of this section, as appropriate.
(g) Documentation supporting the establishment of the batch mass
input limitation shall include the information specified in paragraphs
(g)(1) through (g)(5) of this section, as appropriate.
(1) Identification of whether the purpose of the batch mass input
limitation is to comply with Sec. 63.1322(f)(1) or (g)(1).
(2) Identification of whether the batch mass input limitation is
based on the single highest-HAP recipe (considering all products) or on
the expected mix of products for the batch process vent as allowed under
Sec. 63.1323(a)(1).
(3) Definition of the operating year, for the purposes of
determining compliance with the batch mass input limitation.
(4) If the batch mass input limitation is based on the expected mix
of products, the owner or operator shall provide documentation that
describes as many scenarios for differing mixes of products (i.e., how
many of each type of product) as the owner or operator desires the
flexibility to accomplish. Alternatively, the owner or operator shall
provide a description of the relationship among the mix of products that
will allow a determination of compliance with the batch mass input
limitation under any number of scenarios.
(5) The mass of HAP or material allowed to be charged to the batch
unit operation per year under the batch mass input limitation.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
65 FR 38122, June 19, 2000]
Sec. 63.1327 Batch process vents--reporting requirements.
(a) The owner or operator of a batch process vent or aggregate batch
vent stream at an affected source shall submit the information specified
in paragraphs (a)(1) through (a)(6) of this section, as appropriate, as
part of the Notification of Compliance Status specified in Sec.
63.1335(e)(5).
(1) For each batch process vent complying Sec. 63.1322(a) and each
aggregate batch vent stream complying Sec. 63.1322(b), the information
specified in Sec. 63.1326 (b) and (c), as applicable.
(2) For each Group 2 batch process vent with annual emissions less
than the level specified in Sec. 63.1323(d), the information specified
in Sec. 63.1326(d)(1)(i).
(3) For each Group 2 batch process vent with annual emissions
greater than or equal to the level specified in Sec. 63.1323(d), the
information specified in Sec. 63.1326(d)(2)(i).
(4) For each batch process vent subject to the group determination
procedures, the information specified in Sec. 63.1326(a), as
appropriate.
(5) For each Group 2 batch process vent that is exempt from the
batch
[[Page 342]]
mass input limitation provisions because it meets the criteria of Sec.
63.1322(h), the information specified in Sec. 63.1326(a)(1) through
(3), and the information specified in Sec. 63.1326(a)(4) through (6) as
applicable, calculated at the conditions specified in Sec. 63.1322(h).
(6) When engineering assessment has been used to estimate emissions
from a batch emissions episode and the criteria specified in Sec.
63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator shall
submit the information demonstrating that the criteria specified in
Sec. 63.1323(b)(6)(i)(A) or (B) have been met as part of the
Notification of Compliance Status required by Sec. 63.1335(e)(5).
(b) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent to become a Group 1 batch
process vent, the owner or operator shall notify the Administrator and
submit a description of the process change within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. The owner or operator of an affected source shall comply with the
Group 1 batch process vent provisions in Sec. Sec. 63.1321 through
63.1327 in accordance with Sec. 63.1310(i)(2)(ii).
(c) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent with annual emissions less
than the level specified in Sec. 63.1323(d) for which the owner or
operator has chosen to comply with Sec. 63.1322(g) to have annual
emissions greater than or equal to the level specified in Sec.
63.1323(d) but remains a Group 2 batch process vent, or if a process
change is made that requires the owner or operator to redetermine the
batch mass input limitation as specified in Sec. 63.1323(i)(3), the
owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. The following information shall be submitted:
(1) A description of the process change;
(2) The batch mass input limitation determined in accordance with
Sec. 63.1322(f)(1).
(d) Whenever a process change, as defined in Sec. 63.1323(j)(1), is
made that could potentially cause the percent reduction for all process
vents at a new SAN affected source using a batch process to be less than
84 percent, the owner or operator shall notify the Administrator and
submit a description of the process change within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. The owner or operator shall comply with Sec. 63.1322(a)(3) and
all associated provisions in accordance with Sec. 63.1310(i).
(e) The owner or operator is not required to submit a report of a
process change if one of the conditions specified in paragraphs (e)(1)
or (e)(2) of this section is met.
(1) The change does not meet the description of a process change in
Sec. 63.1323(i) or (j).
(2) The redetermined group status remains Group 2 for an individual
batch process vent with annual emissions greater than or equal to the
level specified in Sec. 63.1323(d) and the batch mass input limitation
does not decrease, a Group 2 batch process vent with annual emissions
less than the level specified in Sec. 63.1323(d) complying with Sec.
63.1322(g) continues to have emissions less than the level specified in
Sec. 63.1323(d) and the batch mass input limitation does not decrease,
or the achieved emission reduction remains at 84 percent or greater for
new SAN affected sources using a batch process.
(f) If an owner or operator uses a control device other than those
specified in Sec. 63.1324(c) and listed in Table 7 of this subpart or
requests approval to monitor a parameter other than those specified
Sec. 63.1324(c) and listed in Table 7 of this subpart, the owner or
operator shall submit a description of planned reporting and
recordkeeping procedures, as specified in Sec. 63.1335(f), as part of
the Precompliance Report required under Sec. 63.1335(e)(3). The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the Precompliance Report.
(g) Owners or operators of affected sources complying with Sec.
63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this
section, as appropriate.
(1) Submit reports of the times of all periods recorded under Sec.
63.1326(e)(3) when the batch process vent is diverted
[[Page 343]]
from the control device through a bypass line, with the next Periodic
Report.
(2) Submit reports of all occurrences recorded under Sec.
63.1326(e)(4) in which the seal mechanism is broken, the bypass line
damper or valve position has changed, or the key to unlock the bypass
line damper or valve was checked out, with the next Periodic Report.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38123, June 19, 2000;
66 FR 36938, July 16, 2001]
Sec. 63.1328 Heat exchange systems provisions.
(a) Except as specified in paragraph (b) of this section, each owner
or operator of an affected source shall comply with Sec. 63.104, with
the differences noted in paragraphs (c) through (h) of this section, for
the purposes of this subpart.
(b) The provisions of paragraph (a) of this section do not apply to
each process contact cooling tower that is associated with an existing
affected source manufacturing PET.
(c) When the term ``chemical manufacturing process unit'' is used in
Sec. 63.104, the term ``thermoplastic product process unit'' shall
apply for purposes of this subpart, with the exception noted in
paragraph (d) of this section.
(d) When the phrase ``a chemical manufacturing process unit meeting
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart,
except for chemical manufacturing process units meeting the condition
specified in Sec. 63.100(c) of this subpart'' is used in Sec.
63.104(a), the term ``a TPPU, except for TPPUs meeting the condition
specified in Sec. 63.1310(b)'' shall apply for purposes of this
subpart.
(e) When Sec. 63.104 refers to Table 4 of subpart F of this part or
Table 9 of subpart G of this part, the owner or operator is only
required to consider organic HAP listed on Table 6 of this subpart,
except for ethylene glycol which need not be considered under this
section, for purposes of this subpart.
(f) When Sec. 63.104(c)(3) specifies the monitoring plan retention
requirements, and when Sec. 63.104(f)(1) refers to the record retention
requirements in Sec. 63.103(c)(1), the requirements in Sec. Sec.
63.1335(a) and 63.1335(h) shall apply, for purposes of this subpart.
(g) When Sec. 63.104(f)(2) requires information to be reported in
the Periodic Reports required by Sec. 63.152(c), the owner or operator
shall instead report the information specified in Sec. 63.104(f)(2) in
the Periodic Reports required by Sec. 63.1335(e)(6), for the purposes
of this subpart.
(h) The compliance date for heat exchange systems subject to the
provisions of this section is specified in Sec. 63.1311.
[65 FR 38124, June 19, 2000]
Sec. 63.1329 Process contact cooling towers provisions.
(a) The owner or operator of each new affected source that
manufactures PET is required to comply with paragraph (b) of this
section. The owner or operator of each existing affected source that
manufactures PET using a continuous terephthalic acid high viscosity
multiple end finisher process that utilizes a process contact cooling
tower shall comply with paragraph (c) of this section, and is not
required to comply with paragraph (b) of this section. The compliance
date for process contact cooling towers subject to the provisions of
this section is specified in Sec. 63.1311.
(b) New affected source requirements. The owner or operator of a new
affected source subject to this section shall comply with paragraphs
(b)(1) through (b)(2) of this section.
(1) The owner or operator of a new affected source subject to this
section shall not send contact condenser effluent associated with a
vacuum system to a process contact cooling tower.
(2) The owner or operator of a new affected source subject to this
section shall indicate in the Notification of Compliance Status, as
required in Sec. 63.1335(e)(5), that contact condenser effluent
associated with vacuum systems is not sent to process contact cooling
towers.
(c) Existing affected source requirements. The owner or operator of
an existing affected source subject to this section who manufactures PET
using a continuous terephthalic acid high viscosity multiple end
finisher process and who is subject or becomes subject
[[Page 344]]
to 40 CFR part 60, subpart DDD, shall maintain an ethylene glycol
concentration in the process contact cooling tower at or below 6.0
percent by weight averaged on a daily basis over a rolling 14-day period
of operating days. Compliance with this paragraph (c) shall be
determined as specified in paragraphs (c)(1) through (c)(4) of this
section. It should be noted that compliance with this paragraph (c) does
not exempt owners or operators from complying with the provisions of
Sec. 63.1330 for those process wastewater streams that are sent to the
process contact cooling tower.
(1) To determine the ethylene glycol concentration, owners or
operators shall follow the procedures specified in 40 CFR 60.564(j)(1),
except as provided in paragraph (c)(2) of this section.
(i) At least one sample per operating day shall be collected using
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene
glycol concentration by weight shall be calculated on a daily basis over
a rolling 14-day period of operating days. Each daily average ethylene
glycol concentration so calculated constitutes a performance test.
(ii) The owner or operator may elect to reduce the sampling program
to any 14 consecutive operating day period once every two calendar
months, if at least seventeen consecutive 14-day rolling average
concentrations immediately preceding the reduced sampling program are
each less than 1.2 weight percent ethylene glycol. If the average
concentration obtained over the 14 operating day sampling during the
reduced test period exceeds the upper 95 percent confidence interval
calculated from the most recent test results in which no one 14-day
average exceeded 1.2 weight percent ethylene glycol, then the owner or
operator shall reinstitute a daily sampling program. The 95 percent
confidence interval shall be calculated as specified in paragraph
(c)(1)(iii) of this section. A reduced program may be reinstituted if
the requirements specified in this paragraph (c)(1)(ii) are met.
(iii) The upper 95 percent confidence interval shall be calculated
using the Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR19JN00.040
Where:
CI95 = 95 percent confidence interval
Xi = daily ethylene glycol concentration for each operating
day used to calculate each 14-day rolling average used in test
results to justify implementing the reduced testing program.
n = number of ethylene glycol concentrations.
(2) Measuring an alternative parameter, such as carbon oxygen demand
or biological oxygen demand, that is demonstrated to be directly
proportional to the ethylene glycol concentration shall be allowed. Such
parameter shall be measured during the initial 14-day performance test
during which the facility is shown to be in compliance with the ethylene
glycol concentration standard whereby the ethylene glycol concentration
is determined using the procedures described in paragraph (c)(1) of this
section. The alternative parameter shall be measured on a daily basis
and the average value of the alternative parameter shall be calculated
on a daily basis over a rolling 14-day period of operating days. Each
daily average value of the alternative parameter constitutes a
performance test.
(i) Where 40 CFR 60.564(j)(1) requires the use of ASTM D2908-74 or
91, ``Standard Practice for Measuring Volatile Organic Matter in Water
by Aqueous-Injection Gas Chromatography,'' ASTM D2908-91 (2011), D2908-
91 (2005), D2908-91 (2001), D2908-91, or D2908-74 (all standards
incorporated by reference, see Sec. 63.14) may be used.
[[Page 345]]
(ii) Where 40 CFR 60.564(j)(1)(i) requires the use of ASTM D3370-76
or 95a, ``Standard Practices for Sampling Water from Closed Conduits,''
ASTM D3370-10, D3370-08, D3370-07, D3370-95a, or D3370-76 (all standards
incorporated by reference, see Sec. 63.14) may be used.
(3) During each performance test, daily measurement and daily
average 14-day rolling averages of the ethylene glycol concentration in
the cooling tower water shall be recorded. For the initial performance
test, these records shall be submitted in the Notification of Compliance
Status report.
(4) All periods when the 14-day rolling average exceeds the standard
shall be reported in the Periodic Report.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38124, June 19, 2000;
79 FR 17366, Mar. 27, 2014]
Sec. 63.1330 Wastewater provisions.
(a) Except as specified in paragraphs (d) and (e) of this section,
the owner or operator of each affected source shall comply with
paragraphs (b) and (c) of this section.
(b) The owner or operator of each affected source shall comply with
the requirements of Sec. Sec. 63.132 through 63.149, with the
differences noted in paragraphs (b)(1) through (b)(22) of this section
for the purposes of this subpart.
(1) When the determination of equivalence criteria in Sec.
63.102(b) is referred to in Sec. Sec. 63.132, 63.133, and 63.137, the
provisions in Sec. 63.6(g) shall apply for the purposes of this
subpart.
(2) When the storage vessel requirements contained in Sec. Sec.
63.119 through 63.123 are referred to in Sec. Sec. 63.132 through
63.149, Sec. Sec. 63.119 through 63.123 are applicable, with the
exception of the differences referred to in Sec. 63.1314, for the
purposes of this subpart.
(3) When Sec. 63.146(a) requires the submission of a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(f) or (g), owners or operators requesting to
monitor alternative parameters shall follow the procedures specified in
Sec. 63.1335(f) for the purposes of this subpart.
(4) When Sec. 63.147(d) requires owners or operators to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), owners
and operators shall instead keep records of the daily average value of
each continuously monitored parameter as specified in Sec. 63.1335(d)
for the purposes of this subpart.
(5) When Sec. Sec. 63.132 through 63.149 refer to an ``existing
source,'' the term ``existing affected source,'' as defined in Sec.
63.1310(a), shall apply for the purposes of this subpart.
(6) When Sec. Sec. 63.132 through 63.149 refer to a ``new source,''
the term ``new affected source,'' as defined in Sec. 63.1310(a), shall
apply for the purposes of this subpart.
(7) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the compliance
dates specified in Sec. 63.1311 shall apply for the purposes of this
subpart.
(8) The provisions of paragraphs (b)(8)(i), (b)(8)(ii), and
(b)(8)(iii) of this section clarify the organic HAP that an owner or
operator shall consider when complying with the requirements in
Sec. Sec. 63.132 through 63.149.
(i) When Sec. Sec. 63.132 through 63.149 refer to table 8
compounds, the owner or operator is only required to consider 1,3-
butadiene for purposes of this subpart.
(ii) When Sec. Sec. 63.132 through 63.149 refer to table 9
compounds, the owner or operator is only required to consider compounds
that meet the definition of organic HAP in Sec. 63.1312 and that are
listed on table 9 of 40 CFR part 63, subpart G, for the purposes of this
subpart, except for ethylene glycol which need not be considered.
(iii) When Sec. Sec. 63.132 through 63.149 refer to compounds in
table 36 of 40 CFR part 63, subpart G, or compounds on List 1 and/or
List 2, as listed on table 36 of 40 CFR part 63, subpart G, the owner or
operator is only required to consider compounds that meet the definition
of organic HAP in Sec. 63.1312 and that are listed in table 36 of 40
CFR part 63, subpart G, for the purposes of this subpart.
(9) Whenever Sec. Sec. 63.132 through 63.149 refer to a ``chemical
manufacturing process unit,'' the term ``thermoplastic product process
unit,'' (or TPPU) as defined in Sec. 63.1312, shall apply for the
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a
chemical
[[Page 346]]
manufacturing process unit that meets the criteria of Sec. 63.100(b) of
subpart F of this part,'' the term ``a TPPU as defined in Sec.
63.1312(b)'' shall apply for the purposes of this subpart.
(10) Whenever Sec. Sec. 63.132 through 63.149 refer to a Group 1
wastewater stream or a Group 2 wastewater stream, the definitions of
these terms contained in Sec. 63.1312 shall apply for the purposes of
this subpart.
(11) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart
F'', the phrase ``Sec. 63.1310(c)'' shall apply for the purposes of
this subpart. In addition, where Sec. 63.149(d) states ``and the item
of equipment is not otherwise exempt from controls by the provisions of
subpart A, F, G, or H of this part'', the phrase ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, H, or JJJ of this part'' shall apply for the purposes
of this subpart.
(12) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR Sec. 63.100(l)(1) or 40 CFR Sec. 63.100(l)(2),'' the phrase ``a
TPPU that is part of a new affected source or that is a new affected
source,'' shall apply for the purposes of this subpart.
(13) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.138 and
63.146, the Notification of Compliance Status requirements contained in
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart. In
addition, when Sec. Sec. 63.132 through 63.149 require that information
be reported according to Sec. 63.152(b) in the Notification of
Compliance Status, the owner or operator of an affected source shall
report the specified information in the Notification of Compliance
Status required by Sec. 63.1335(e)(5) for the purposes of this subpart.
(14) When the Periodic Report requirements contained in Sec.
63.152(c) are referred to in Sec. 63.146, the Periodic Report
requirements contained in Sec. 63.1335(e)(6) shall apply for the
purposes of this subpart. In addition, when Sec. Sec. 63.132 through
63.149 require that information be reported in the Periodic Reports
required in Sec. 63.152(c), the owner or operator of an affected source
shall report the specified information in the Periodic Reports required
in Sec. 63.1335(e)(6) for the purposes of this subpart.
(15) When Sec. 63.143(f) specifies that owners or operators shall
establish the range that indicates proper operation of the treatment
process or control device, the owner or operator shall instead comply
with the requirements of Sec. 63.1334(c) or (d) for establishing
parameter level maximums/minimums for the purposes of this subpart.
(16) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that
``the information on parameter ranges specified in Sec. 63.152(b)(2)''
be reported in the Notification of Compliance Status, owners and
operators of affected sources are instead required to report the
information on parameter levels as specified in Sec. 63.1335(e)(5)(ii)
for the purposes of this subpart.
(17) When the term ``range'' is used in Sec. Sec. 63.132 through
63.149, the term ``level'' apply instead for the purposes of this
subpart. This level shall be determined using the procedures specified
in Sec. 63.1334.
(18) For the purposes of this subpart, the owner or operator of an
affected source is not required to include process wastewater streams
that contain styrene when conducting performance tests for the purposes
of calculating the required mass removal (RMR) or the actual mass
removal (AMR) under the provisions described in Sec. 63.145(f) or Sec.
63.145(g). For purposes of this paragraph, a process wastewater stream
is considered to contain styrene if the wastewater stream meets the
requirements in paragraph (b)(18)(i), (ii), (iii), (iv), or (v) of this
section.
(i) The wastewater stream originates at equipment that produces ABS
or ABS latex;
(ii) The wastewater stream originates at equipment that produces
EPS;
(iii) The wastewater stream originates at equipment that produces
MABS;
(iv) The wastewater stream originates at equipment that produces
MBS; or
(v) The wastewater stream originates at equipment that produces SAN.
(19) When the provisions of Sec. 63.139(c)(1)(ii), Sec.
63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40
[[Page 347]]
CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR
part 60, appendix A, may be used for the purposes of this subpart. The
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the
requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(20) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b),
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the
requirements in Sec. 63.1333(e) shall apply.
(21) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to Sec. 63.132(g) is subject to the
requirements of Sec. 63.132(g) with the differences identified in this
section, and is not subject to subpart DD of this part with respect to
that material.
(22) When Sec. 63.132(g) refers to ``Sec. Sec. 63.133 through
63.137'' or ``Sec. Sec. 63.133 through 63.147'', the provisions in this
section 63.1330 shall apply, for the purposes of this subpart.
(c) For each affected source, the owner or operator shall comply
with the requirements for maintenance wastewater in Sec. 63.105, except
that when Sec. 63.105(a) refers to ``organic HAPs listed in table 9 of
subpart G of this part,'' the owner or operator is only required to
consider compounds that meet the definition of organic HAP in Sec.
63.1312 and that are listed in table 9 of 40 CFR part 63, subpart G,
except for ethylene glycol which need not be considered, for the
purposes of this subpart.
(d) The provisions of paragraph (b) of this section do not apply to
each affected source producing ASA/AMSAN.
(e) The provisions of paragraphs (b) and (c) of this section do not
apply to each affected source producing polystyrene using either a
continuous or batch process.
[65 FR 38125, June 19, 2000, as amended at 66 FR 36938, July 16, 2001]
Sec. 63.1331 Equipment leak provisions.
(a) Except Sec. 63.165 and as provided for in paragraphs (b) and
(c) of this section, the owner or operator of each affected source shall
comply with the requirements of subpart H of this part, with the
differences noted in paragraphs (a)(1) through (13) of this section.
(1) For an affected source producing polystyrene resin, the
indications of liquids dripping, as defined in subpart H of this part,
from bleed ports in pumps and agitator seals in light liquid service
shall not be considered to be a leak. For purposes of this subpart, a
``bleed port'' is a technologically-required feature of the pump or seal
whereby polymer fluid used to provide lubrication and/or cooling of the
pump or agitator shaft exits the pump, thereby resulting in a visible
dripping of fluid.
(2) The compliance date for the equipment leak provisions contained
in this section is provided in Sec. 63.1311. Whenever subpart H of this
part refers to the compliance dates specified in any paragraph contained
in Sec. 63.100, the compliance dates listed in Sec. 63.1311(d) shall
instead apply, for the purposes of this subpart. When Sec. 63.182(c)(4)
refers to ``sources subject to subpart F,'' the phrase ``sources subject
to this subpart'' shall apply, for the purposes of this subpart. In
addition, extensions of compliance dates are addressed by Sec.
63.1311(e) instead of Sec. 63.182(a)(6), for the purposes of this
subpart.
(3) Owners and operators of an affected source subject to this
subpart are not required to submit the Initial Notification required by
Sec. 63.182(a)(1) and Sec. 63.182(b).
(4) As specified in Sec. 63.1335(e)(5), the Notification of
Compliance Status required by paragraphs Sec. 63.182(a)(2) and Sec.
63.182(c) shall be submitted within 150 days (rather than 90 days) of
the applicable compliance date specified in Sec. 63.1311 for the
equipment leak provisions.
(5) The information specified by Sec. 63.182(a)(3) and Sec.
63.182(d) (i.e., Periodic
[[Page 348]]
Reports) shall be submitted as part of the Periodic Reports required by
Sec. 63.1335(e)(6).
(6) For pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems; owners or operators of affected
sources producing PET shall comply with the requirements of paragraphs
(a)(6)(i) and (ii) of this section instead of with the requirements of
Sec. 63.139. Owners or operators of PET affected sources shall comply
with all other provisions of subpart H of this part for pumps, valves,
connectors, and agitators in heavy liquid service; pressure relief
devices in light liquid or heavy liquid service; and instrumentation
systems, except as specified in paragraphs (a)(6)(iii) through (v) of
this section.
(i) A leak is determined to be detected if there is evidence of a
potential leak found by visual, audible, or olfactory means. Method 21,
40 CFR part 60, appendix A may not be used to determine the presence or
absence of a leak.
(ii)(A) When a leak is detected, it shall be repaired as soon as
practical, but not later than 15 days after it is detected, except as
provided in Sec. 63.171.
(B) The first attempt at repair shall be made no later than 5 days
after each leak is detected.
(C) Repaired shall mean that the visual, audible, olfactory, or
other indications of a leak 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.
(iii) An owner or operator is not required to develop an initial
list of identification numbers as would otherwise be required under
Sec. 63.181(b)(1)(i) or Sec. 63.181(b)(4).
(iv) When recording the detection of a leak under Sec.
63.182(d)(1), the owner or operator of an affected source shall comply
with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this section.
(A) When complying with Sec. 63.181(d)(1), provide an
identification number for the leaking equipment at the time of
recordkeeping. Further, the owner or operator is not required to record
the identification number of the instrument (i.e., Method 21 instrument)
because the use of Method 21 is not an acceptable method for determining
a leak under this paragraph (a)(6).
(B) An owner or operator is not required to comply with Sec.
63.181(d)(4) which requires a record of the maximum instrument reading
measured by Method 21 of 40 CFR part 60, appendix A.
(v) Indications of liquids dripping, as defined in subpart H of this
part, from packing glands for pumps in ethylene glycol service where the
pump seal is designed to weep fluid shall not be considered to be a
leak. Ethylene glycol dripping from pump seals must be captured in a
catchpan and returned to the process.
(7) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of
this part, the owner or operator is only required to consider organic
HAP listed on Table 6 of this subpart for purposes of this subpart,
except for ethylene glycol which need not be considered.
(8) When the provisions of subpart H of this part specify that
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall
conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of
this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(9) Requirements for pressure relief devices. Except as specified in
paragraph (a)(9)(iv) of this section, the owner or operator must comply
with the operating and pressure release requirements specified in
paragraphs (a)(9)(i) and (ii) of this section for pressure relief
devices in organic HAP gas or vapor service. Except as specified in
paragraph (a)(9)(iv) of this section, the
[[Page 349]]
owner or operator must also comply with the pressure release management
requirements specified in paragraph (a)(9)(iii) of this section for all
pressure relief devices in organic HAP service.
(i) Operating requirements. Except during a pressure release event,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
detected by Method 21 of 40 CFR part 60, appendix A.
(ii) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, comply with paragraph (a)(9)(ii)(A) or
(B) of this section, as applicable.
(A) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as detected by Method 21 of
40 CFR part 60, appendix A, no later than 5 calendar days after the
pressure release to verify that the pressure relief device is operating
with an instrument reading of less than 500 ppm above background, except
as provided in Sec. 63.171.
(B) If the pressure relief device consists of or includes a rupture
disk, install a replacement disk as soon as practicable after a pressure
release, but no later than 5 calendar days after the pressure release,
except as provided in Sec. 63.171.
(iii) Pressure release management. Except as specified in paragraph
(a)(9)(iv) of this section, pressure releases to the atmosphere from
pressure relief devices in organic HAP service are prohibited, and the
owner or operator must comply with the requirements specified in
paragraphs (a)(9)(iii)(A) and (B) of this section for all pressure
relief devices in organic HAP service.
(A) For each pressure relief device in organic HAP service, the
owner or operator must equip each pressure relief device with a
device(s) or use a monitoring system that is capable of:
(1) Identifying the pressure release;
(2) Recording the time and duration of each pressure release; and
(3) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system may be either specific to the
pressure relief device itself or may be associated with the process
system or piping, sufficient to indicate a pressure release to the
atmosphere. Examples of these types of devices and systems include, but
are not limited to, a rupture disk indicator, magnetic sensor, motion
detector on the pressure relief valve stem, flow monitor, or pressure
monitor.
(B) If any pressure relief device in organic HAP service releases to
atmosphere as a result of a pressure release event, the owner or
operator must calculate the quantity of organic HAP released during each
pressure release event and report this quantity as required in Sec.
63.1335(e)(6)(xiii). Calculations may be based on data from the pressure
relief device monitoring alone or in combination with process parameter
monitoring data and process knowledge.
(iv) Pressure relief devices routed to a control device, process, or
drain system. If a pressure relief device in organic HAP service is
designed and operated to route all pressure releases through a closed
vent system to a control device, process, or drain system, the owner or
operator is not required to comply with paragraphs (a)(9)(i), (ii), or
(iii) (if applicable) of this section. Both the closed vent system and
control device (if applicable) must meet the requirements of Sec.
63.172. The drain system (if applicable) must meet the requirements of
Sec. 63.136.
(10) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
TPPU within the affected source for all purposes under subpart H of this
part, providing there is no delay in achieving the applicable compliance
date.
(11) When the terms ``equipment'' and ``equipment leak'' are used in
subpart H of this part, the definitions of these terms in Sec. 63.1312
shall apply for the purposes of this subpart.
(12) The phrase ``the provisions of subparts F, I, or JJJ of this
part'' shall apply instead of the phrase ``the provisions of subpart F
or I of this part'' throughout Sec. Sec. 63.163 and 63.168, for the
purposes of this subpart. In addition, the phrase ``subparts F, I, and
JJJ''
[[Page 350]]
shall apply instead of the phrase ``subparts F and I'' in Sec.
63.174(c)(2)(iii), for the purposes of this subpart.
(13) An owner or operator using a flare to comply with the
requirements of this section shall conduct a compliance demonstration as
specified in Sec. 63.1333(e).
(b) The provisions of this section do not apply to each TPPU
producing PET using a process other than a continuous terephthalic acid
(TPA) high viscosity multiple end finisher process that is part of an
affected source if all of the equipment leak components subject to this
section Sec. 63.1331 in the TPPU are either in vacuum service or in
heavy liquid service.
(1) Owners and operators of a TPPU exempted under paragraph (b) of
this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of this
section.
(i) Retain information, data, and analyses used to demonstrate that
all of the components in the exempted TPPU are either in vacuum service
or in heavy liquid service. For components in vacuum service, examples
of information that could document this include, but are not limited to,
analyses of process stream composition and process conditions,
engineering calculations, or process knowledge. For components in heavy
liquid service, such documentation shall include an analysis or
demonstration that the process fluids do not meet the criteria of ``in
light liquid service'' or ``in gas or vapor service.''
(ii) When requested by the Administrator, demonstrate that all of
the components in the TPPU are either in vacuum service or in heavy
liquid service.
(2) If changes occur at a TPPU exempted under paragraph (b) of this
section such that all of the components in the TPPU are no longer either
in vacuum service or in heavy liquid service (e.g., by either process
changes or the addition of new components), the owner or operator of the
affected source shall comply with the provisions of this section for all
of the components at the TPPU. The owner or operator shall submit a
report within 180 days after the process change is made or the
information regarding the process change is known to the owner or
operator. This report may be included in the next Periodic Report, as
specified in paragraph (a)(5) of this section. A description of the
process change shall be submitted with this report.
(c)(1) Each affected source producing PET using a continuous TPA
high viscosity multiple end finisher process shall monitor for leaks
upon startup following an outage where changes have been made to
equipment in gas/vapor or light liquid service. This leak check shall
consist of the introduction of hot ethylene glycol vapors into the
system for a period of no less than 2 hours during which time sensory
monitoring of the equipment shall be conducted.
(2) A leak is determined to be detected if there is evidence of a
potential leak found by visual, audible, or olfactory means.
(3) When a leak is detected, it shall be repaired as soon as
practical, but not later than 15 days after it is detected, except as
provided in Sec. 63.171.
(i) The first attempt at repair shall be made no later than 5 days
after each leak is detected.
(ii) Repaired shall mean that the visual, audible, olfactory or
other indications of a leak 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.
(4) When a leak is detected, the following information shall be
recorded and kept for 2 years and reported in the next periodic report:
(i) The instrument and the equipment identification number and the
operator name, initials or identification number.
(ii) The date the leak was detected and the date of first attempt to
repair the leak.
(iii) The date of successful repair of the leak.
[61 FR 48229, Sept. 12, 1996, as amended at 62 FR 37722, July 15, 1997;
65 FR 38127, June 19, 2000; 66 FR 40907, Aug. 6, 2001; 79 FR 17367, Mar.
27, 2014]
Sec. 63.1332 Emissions averaging provisions.
(a) This section applies to owners or operators of existing affected
sources who seek to comply with Sec. 63.1313(b) by
[[Page 351]]
using emissions averaging rather than following the provisions of
Sec. Sec. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and
63.1330.
(1) The following emission point limitations apply to the use of
these provisions:
(i) All emission points included in an emissions average shall be
from the same affected source. There may be an emissions average for
each affected source located at a plant site.
(ii)(A) If a plant site has only one affected source for which
emissions averaging is being used to demonstrate compliance, the number
of emission points allowed in the emissions average for said affected
source is limited to twenty. This number may be increased by up to five
additional emission points if pollution prevention measures are used to
control five or more of the emission points included in the emissions
average.
(B) If a plant site has two or more affected sources for which
emissions averaging is being used to demonstrate compliance, the number
of emission points allowed in the emissions averages for said affected
sources is limited to twenty. This number may be increased by up to five
additional emission points if pollution prevention measures are used to
control five or more of the emission points included in the emissions
averages.
(2) Compliance with the provisions of this section may be based on
either organic HAP or TOC.
(3) For the purposes of these provisions, whenever Method 18, 40 CFR
part 60, appendix A, is specified within the paragraphs of this section
or is specified by reference through provisions outside this section,
Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used. The
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the
requirements in paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing the
largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(b) Unless an operating permit application has been submitted, the
owner or operator shall develop and submit for approval an Emissions
Averaging Plan containing all of the information required in Sec.
63.1335(e)(4) for all emission points to be included in an emissions
average.
(c) Paragraphs (c)(1) through (c)(5) of this section describe the
emission points that may be used to generate emissions averaging credits
if control was applied after November 15, 1990, and if sufficient
information is available to determine the appropriate value of credits
for the emission point. Paragraph (c)(6) of this section discusses the
use of pollution prevention in generating emissions averaging credits.
(1) Storage vessels, batch process vents, aggregate batch vent
streams, continuous process vents subject to Sec. 63.1315, and process
wastewater streams that are determined to be Group 2 emission points.
The term ``continuous process vents subject to Sec. 63.1315'' includes
continuous process vents subject to Sec. 63.1316 (b)(1)(iii),
(b)(2)(iii), and (c)(2), which reference Sec. 63.1315.
(2) Continuous process vents located in the collection of material
recovery sections within the affected source at an existing affected
source producing PET using a continuous dimethyl terephthalate process
subject to Sec. 63.1316(b)(1)(i) where the uncontrolled organic HAP
emissions from said continuous process vents are equal to or less than
0.12 kg organic HAP per Mg of product. These continuous process vents
shall be considered Group 2 emission points for the purposes of this
section.
(3) Storage vessels, continuous process vents subject to Sec.
63.1315, and process wastewater streams that are determined to be Group
1 emission points and that are controlled by a technology that the
Administrator or permitting authority agrees has a higher nominal
efficiency than the reference control technology. Information on the
[[Page 352]]
nominal efficiencies for such technologies shall be submitted and
approved as provided in paragraph (i) of this section.
(4) Batch process vents and aggregate batch vent streams that are
determined to be Group 1 emission points and that are controlled to a
level more stringent than the applicable standard.
(5) Continuous process vents subject to Sec. 63.1316 (b)(1)(i),
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection
of process sections within the affected source, as specified in
paragraphs (c)(5)(i) through (c)(5)(ii) of this section. The continuous
process vents identified in paragraphs (c)(5)(i) through (c)(5)(ii) of
this section shall be considered to be Group 1 emission points for the
purposes of this section.
(i) Continuous process vents subject to Sec. 63.1316(b)(1)(i)
located in the collection of material recovery sections within the
affected source where the uncontrolled organic HAP emissions for said
continuous process vents are greater than 0.12 kg organic HAP per Mg of
product and said continuous process vents are controlled to a level more
stringent than the applicable standard.
(ii) Continuous process vents subject to Sec. 63.1316(b)(1)(ii),
(b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of process
sections within the affected source where the uncontrolled organic HAP
emissions from said continuous process vents are controlled to a level
more stringent than the applicable standard.
(6) The percent reduction for any storage vessel, batch process
vent, aggregate batch vent stream, continuous process vent, and process
wastewater stream from which emissions are reduced by pollution
prevention measures shall be determined using the procedures specified
in paragraph (j) of this section.
(i) For a Group 1 storage vessel, batch process vent, aggregate
batch vent stream, continuous process vent, or process wastewater
stream, the pollution prevention measure must reduce emissions more than
if the applicable reference control technology or standard had been
applied to the emission point instead of the pollution prevention
measure, except as provided in paragraph (c)(6)(ii) of this section.
(ii) If a pollution prevention measure is used in conjunction with
other controls for a Group 1 storage vessel, batch process vent,
aggregate batch vent stream, continuous process vent, or process
wastewater stream, the pollution prevention measure alone does not have
to reduce emissions more than the applicable reference control
technology or standard, but the combination of the pollution prevention
measure and other controls must reduce emissions more than if the
applicable reference control technology or standard had been applied
instead of the pollution prevention measure.
(d) The following emission points cannot be used to generate
emissions averaging credits:
(1) Emission points already controlled on or before November 15,
1990, cannot be used to generate credits unless the level of control is
increased after November 15, 1990. In this case, credit will be allowed
only for the increase in control after November 15, 1990.
(2) Group 1 emission points, identified in paragraph (c)(3) of this
section, that are controlled by a reference control technology cannot be
used to generate credits unless the reference control technology has
been approved for use in a different manner and a higher nominal
efficiency has been assigned according to the procedures in paragraph
(i) of this section.
(3) Emission points for nonoperating TPPU cannot be used to generate
credits. TPPU that are shutdown cannot be used to generate credits or
debits.
(4) Maintenance wastewater cannot be used to generate credits.
Wastewater streams treated in biological treatment units cannot be used
to generate credits. These two types of wastewater cannot be used to
generate credits or debits. For the purposes of this section, the terms
wastewater and wastewater stream are used to mean process wastewater.
(5) Emission points controlled to comply with a State or Federal
rule other than this subpart cannot be used to generate credits, unless
the level of control has been increased after November 15, 1990, to a
level above what is required by the other State or Federal
[[Page 353]]
rule. Only the control above what is required by the other State or
Federal rule will be credited. However, if an emission point has been
used to generate emissions averaging credit in an approved emissions
average, and the emission point is subsequently made subject to a State
or Federal rule other than this subpart, the emission point may continue
to generate emissions averaging credit for the purpose of complying with
the previously approved emissions average.
(e) For all emission points included in an emissions average, the
owner or operator shall perform the following tasks:
(1) Calculate and record monthly debits for all Group 1 emission
points that are controlled to a level less stringent than the reference
control technology or standard for those emission points. Said Group 1
emission points are identified in paragraphs (c)(3) through (c)(5) of
this section. Equations in paragraph (g) of this section shall be used
to calculate debits.
(2) Calculate and record monthly credits for all Group 1 and Group 2
emission points that are over-controlled to compensate for the debits.
Equations in paragraph (h) of this section shall be used to calculate
credits. Emission points and controls that meet the criteria of
paragraph (c) of this section may be included in the credit calculation,
whereas those described in paragraph (d) of this section shall not be
included.
(3) Demonstrate that annual credits calculated according to
paragraph (h) of this section are greater than or equal to debits
calculated for the same annual compliance period according to paragraph
(g) of this section.
(i) The owner or operator may choose to include more than the
required number of credit-generating emission points in an emissions
average in order to increase the likelihood of being in compliance.
(ii) The initial demonstration in the Emissions Averaging Plan or
operating permit application that credit-generating emission points will
be capable of generating sufficient credits to offset the debits from
the debit-generating emission points shall be made under representative
operating conditions. After the compliance date, actual operating data
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. 63.1335(e)(6). Every fourth
Periodic Report shall include a certification of compliance with the
emissions averaging provisions as required by Sec.
63.1335(e)(6)(x)(C)(2).
(f) Debits and credits shall be calculated in accordance with the
methods and procedures specified in paragraphs (g) and (h) of this
section, respectively, and shall not include emissions during periods of
monitoring excursions, as defined in Sec. 63.1334(f). For these
periods, the calculation of monthly credits and debits shall be adjusted
as specified in paragraphs (f)(1) through (3) of this section.
(1) No credits would be assigned to the credit-generating emission
point.
(2) Maximum debits would be assigned to the debit-generating
emission point.
(3) The owner or operator may demonstrate to the Administrator that
full or partial credits or debits should be assigned using the
procedures in paragraph (l) of this section.
(g) Debits are generated by the difference between the actual
emissions from a Group 1 emission point that is uncontrolled or is
controlled to a level less stringent than the applicable reference
control technology or standard and the emissions allowed for the Group 1
emission point. Said Group 1 emission points are identified in
paragraphs (c)(3) through (c)(5) of this section. Debits shall be
calculated as follows:
(1) Source-wide debits shall be calculated using Equation 28 of this
subpart. Debits and all terms of Equation
[[Page 354]]
28 of this subpart are in units of megagrams per month:
[GRAPHIC] [TIFF OMITTED] TR09MR99.008
Where:
ECPViACTUAL = Emissions from each Group 1 continuous process
vent i subject to Sec. 63.1315 that is uncontrolled or is
controlled to a level less stringent than the applicable
reference control technology. ECPViACTUAL is
calculated according to paragraph (g)(2) of this section.
(0.02)ECPViu = Emissions from each Group 1 continuous process
vent i subject to Sec. 63.1315 if the applicable reference
control technology had been applied to the uncontrolled
emissions. ECPViu is calculated according to
paragraph (g)(2) of this section.
ECPVSjACTUAL = Emissions from Group 1 continuous process
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii),
(b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of
process sections j within the affected source that are
uncontrolled or controlled to a level less stringent than the
applicable standard. ECPVSjACTUAL is calculated
according to paragraph (g)(3) of this section.
ECPVSjSTD = Emissions from Group 1 continuous process vents
subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i),
(b)(2)(ii), or (c)(1) located in the collection of process
sections j within the affected source if the applicable
standard had been applied to the uncontrolled emissions.
ECPVSjSTD is calculated according to paragraph
(g)(3) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that
is uncontrolled or is controlled to a level less stringent
than the applicable reference control technology or standard.
ESiACTUAL is calculated according to paragraph
(g)(4) of this section.
(BL)ESiu = Emissions from each Group 1 storage vessel i if
the applicable reference control technology or standard had
been applied to the uncontrolled emissions. ESiu is
calculated according to paragraph (g)(4) of this section. For
calculating emissions, BL = 0.05 for each Group 1 storage
vessel i subject to Sec. 63.1314(a); and BL = 0.02 for each
storage vessel i subject to Sec. 63.1314(c).
EWWiACTUAL = Emissions from each Group 1 wastewater stream i
that is uncontrolled or is controlled to a level less
stringent than the applicable reference control technology.
EWWiACTUAL is calculated according to paragraph
(g)(5) of this section.
EWWic = Emissions from each Group 1 wastewater stream i if
the reference control technology had been applied to the
uncontrolled emissions. EWWic is calculated
according to paragraph (g)(5) of this section.
EBPViACTUAL = Emissions from each Group 1 batch process vent
i that is uncontrolled or is controlled to a level less
stringent than the applicable standard. EBPVACTUAL
is calculated according to paragraph (g)(6) of this section.
(0.10)EBPViu = Emissions from each Group 1 batch process vent
i if the applicable standard had been applied to the
uncontrolled emissions. EBPViu is calculated
according to paragraph (g)(6) of this section.
EABViACTUAL = Emissions from each Group 1 aggregate batch
vent stream i that is uncontrolled or is controlled to a level
less stringent than the applicable standard.
EABPViACTUAL is calculated according to paragraph
(g)(7) of this section.
(0.10)EABViu = Emissions from each Group 1 aggregate batch
vent stream i if the applicable standard had been applied to
the uncontrolled emissions. EABViu is calculated
according to paragraph (g)(7) of this section.
n = The number of emission points being included in the emissions
average.
(2) Emissions from continuous process vents subject to Sec. 63.1315
shall be calculated as follows:
[[Page 355]]
(i) For purposes of determining continuous process vent stream flow
rate, organic HAP concentrations, and temperature, the sampling site
shall be after the final product recovery device, if any recovery
devices are present; before any control device (for continuous process
vents, recovery devices shall not be considered control devices); and
before discharge to the atmosphere. Method 1 or 1A, 40 CFR part 60,
appendix A, shall be used for selection of the sampling site.
(ii) ECPViu for each continuous process vent i shall be
calculated using Equation 29 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.028
Where:
ECPViu = Uncontrolled continuous process vent emission rate
from continuous process vent i, megagrams per month.
Q = Vent stream flow rate, dry standard cubic meters per minute,
measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60,
appendix A, as appropriate.
h = Monthly hours of operation during which positive flow is present in
the continuous process vent, hours per month.
Cj = Concentration, parts per million by volume, dry basis, of organic
HAP j as measured by Method 18, 40 CFR part 60, appendix A.
Mj = Molecular weight of organic HAP j, gram per gram-mole.
n = Number of organic HAP in stream.
(A) The values of Q and Cj shall be determined during a performance
test conducted under representative operating conditions. The values of
Q and Cj shall be established in the Notification of Compliance Status
and shall be updated as provided in paragraph (g)(2)(ii)(B) of this
section.
(B) If there is a change in capacity utilization other than a change
in monthly operating hours, or if any other change is made to the
process or product recovery equipment or operation such that the
previously measured values of Q and Cj are no longer representative, a
new performance test shall be conducted to determine new representative
values of Q and Cj. These new values shall be used to calculate debits
and credits from the time of the change forward, and the new values
shall be reported in the next Periodic Report.
(iii) The following procedures and equations shall be used to
calculate ECPViACTUAL:
(A) If the continuous process vent is not controlled by a control
device or pollution prevention measure, ECPViACTUAL =
ECPViu, where ECPViu is calculated according to
the procedures in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
(B) If the continuous process vent is controlled using a control
device or a pollution prevention measure achieving less than 98 percent
reduction, calculate ECPViACTUAL using Equation 30 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.029
(1) The percent reduction shall be measured according to the
procedures in Sec. 63.116 if a combustion control device is used. For a
flare meeting the criteria in Sec. 63.116(a), or a boiler or process
heater meeting the criteria in Sec. 63.116(b), the percent reduction
shall be 98 percent. If a noncombustion control device is used, percent
reduction shall be demonstrated by a performance test at the inlet and
outlet of the device, or, if testing is not feasible, by
[[Page 356]]
a control design evaluation and documented engineering calculations.
(2) For determining debits from Group 1 continuous process vents,
product recovery devices shall not be considered control devices and
cannot be assigned a percent reduction in calculating
ECPViACTUAL. The sampling site for measurement of
uncontrolled emissions is after the final product recovery device.
However, as provided in Sec. 63.113(a)(3), a Group 1 continuous process
vent may add sufficient product recovery to raise the TRE index value
above 1.0 or, for Group 1 continuous process vents at an existing
affected source producing MBS, above 3.7, thereby becoming a Group 2
continuous process vent. Such a continuous process vent would not be a
Group 1 continuous process vent and would, therefore, not be included in
determining debits under this paragraph (g)(2)(iii)(B)(2).
(3) Procedures for calculating the percent reduction of pollution
prevention measures are specified in paragraph (j) of this section.
(3) Emissions from continuous process vents located in the
collection of process sections within the affected source subject to
Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1)
shall be calculated as follows:
(i) The total organic HAP emissions from continuous process vents
located in the collection of process sections j within the affected
source, ECPVSjACTUAL, shall be calculated as follows. The
procedures in paragraph (g)(2)(iii) of this section shall be used to
determine the organic HAP emissions for each individual continuous
process vent, except that paragraph (g)(2)(iii)(B)(2) of this section
shall not apply and the sampling site shall be after those recovery
devices installed as part of normal operation; before any add-on control
devices (i.e., those required by regulation); and prior to discharge to
the atmosphere. Then, individual continuous process vent emissions shall
be summed to determine ECPVSjACTUAL.
(ii)(A) ECPVSjstd shall be calculated using Equation 31 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.030
Where:
ECPVSjstd = Emissions if the applicable standard had been
applied to the uncontrolled emissions, megagrams per month.
EFstd = 0.000018 Mg organic HAP/Mg of product, if the
collection of process sections within the affected source is
subject to Sec. 63.1316(b)(1)(i).
= 0.00002 Mg organic HAP/Mg of product, if the collection of
process sections within the affected source is subject to Sec. 63.1316
(b)(1)(ii) or (b)(2)(ii).
= 0.00004 Mg organic HAP/Mg of product, if the collection of
process sections within the affected source is subject to Sec.
63.1316(b)(2)(i).
= 0.0000036 Mg organic HAP/Mg of product, if the collection of
process sections within the affected source is subject to Sec.
63.1316(c)(1).
PPj = Polymer produced, Mg/month, for the collection of process sections
j within the affected source, as calculated according to
paragraph (g)(3)(ii)(B) of this section.
(B) The amount of polymer produced, Mg per month, for the collection
of process sections j within the affected source shall be determined by
determining the weight of polymer pulled from the process line(s) during
a 30-day period. The polymer produced shall be determined by direct
measurement or by an alternate methodology, such as materials balance.
If an alternate methodology is used, a description of the methodology,
including all procedures, data, and assumptions shall be submitted as
part of the Emissions Averaging Plan required by Sec. 63.1335(e)(4).
(C) Alternatively, ECPVSjstd for continuous process vents
located in the collection of process sections within the affected source
subject to Sec. 63.1316(c)(1) may be calculated using the procedures in
paragraph (g)(2)(i) and (g)(2)(ii) of this section to determine the
organic HAP emissions for each individual continuous process vent,
except that the sampling site shall be after recovery devices installed
as part of normal operation; before any add-on control devices (i.e.,
those required by regulation); and prior to discharge to the atmosphere.
Then, individual continuous process vent emissions shall be summed and
multiplied by 0.02 to determine ECPVSjstd.
(4) Emissions from storage vessels shall be calculated using the
procedures specified in Sec. 63.150(g)(3).
[[Page 357]]
(5) Emissions from wastewater streams shall be calculated using the
procedures in Sec. 63.150(g)(5).
(6) Emissions from batch process vents shall be calculated as
follows:
(i) EBPViu for each batch process vent i shall be
calculated using the procedures specified in Sec. 63.1323(b).
(ii) The following procedures and equations shall be used to
determine EBPViACTUAL:
(A) If the batch process vent is not controlled by a control device
or pollution prevention measure, EBPViACTUAL =
EBPViu, where EBPViu is calculated using the
procedures in Sec. 63.1323(b).
(B) If the batch process vent is controlled using a control device
or a pollution prevention measure achieving less than 90 percent
reduction for the batch cycle, calculate EBPViACTUAL using
Equation 32 of this subpart, where percent reduction is for the batch
cycle.
[GRAPHIC] [TIFF OMITTED] TR12SE96.031
(1) The percent reduction for the batch cycle shall be calculated
according to the procedures in Sec. 63.1325(c)(2).
(2) The percent reduction for control devices shall be calculated
according to the procedures in Sec. 63.1325 (c)(2)(i) through
(c)(2)(iii).
(3) The percent reduction of pollution prevention measures shall be
calculated using the procedures specified in paragraph (j) of this
section.
(7) Emissions from aggregate batch vent streams shall be calculated
as follows:
(i) For purposes of determining aggregate batch vent stream flow
rate, organic HAP concentrations, and temperature, the sampling site
shall be before any control device and before discharge to the
atmosphere. Method 1 or 1A, 40 CFR part 60, appendix A, shall be used
for selection of the sampling site.
(ii) EABViu for each aggregate batch vent stream i shall
be calculated using Equation 33 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.032
Where:
EABViu = Uncontrolled aggregate batch vent stream emission
rate from aggregate batch vent stream i, megagrams per month.
Q = Vent stream flow rate, dry standard cubic meters per minute,
measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60,
appendix A, as appropriate.
h = Monthly hours of operation during which positive flow is present
from the aggregate batch vent stream, hours per month.
Cj = Concentration, parts per million by volume, dry basis,
of organic HAP j as measured by Method 18, 40 CFR part 60,
appendix A.
Mj = Molecular weight of organic HAP j, gram per gram-mole.
n = Number of organic HAP in the stream.
(A) The values of Q and Cj shall be determined during a performance
test conducted under representative operating conditions. The values of
Q and Cj shall be established in the Notification of Compliance Status
and shall be updated as provided in paragraph (g)(7)(ii)(B) of this
section.
(B) If there is a change in capacity utilization other than a change
in monthly operating hours, or if any other change is made to the
process or
[[Page 358]]
product recovery equipment or operation such that the previously
measured values of Q and Cj are no longer representative, a
new performance test shall be conducted to determine new representative
values of Q and Cj. These new values shall be used to
calculate debits and credits from the time of the change forward, and
the new values shall be reported in the next Periodic Report.
(iii) The following procedures and equations shall be used to
calculate EABViACTUAL:
(A) If the aggregate batch vent stream is not controlled by a
control device or pollution prevention measure, EABViACTUAL =
EABViu, where EABViu is calculated according to
the procedures in paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
(B) If the aggregate batch vent stream is controlled using a control
device or a pollution prevention measure achieving less than 90 percent
reduction, calculate EABViACTUAL using Equation 34 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.033
(1) The percent reduction for control devices shall be determined
according to the procedures in Sec. 63.1325(e).
(2) The percent reduction for pollution prevention measures shall be
calculated according to the procedures specified in paragraph (j) of
this section.
(h) Credits are generated by the difference between emissions that
are allowed for each Group 1 and Group 2 emission point and the actual
emissions from that Group 1 or Group 2 emission point that has been
controlled after November 15, 1990 to a level more stringent than what
is required by this subpart or any other State or Federal rule or
statute. Said Group 1 and Group 2 emission points are identified in
paragraphs (c)(1) through (c)(5) of this section. Credits shall be
calculated using Equation 35 of this subpart.
(1) Sourcewide credits shall be calculated using Equation 35 of this
subpart. Credits and all terms of Equation 35 of this subpart are in
units of megagrams per month, and the baseline date is November 15,
1990:
[GRAPHIC] [TIFF OMITTED] TR09MR99.009
Where:
D = Discount factor = 0.9 for all credit generating emission points
except those controlled by a pollution prevention measure;
discount factor = 1.0 for each credit generating emission
point controlled by a pollution prevention measure (i.e., no
discount provided).
ECPV1iACTUAL = Emissions for each Group 1 continuous process
vent i subject to Sec. 63.1315 that is controlled to a level
more
[[Page 359]]
stringent than the reference control technology.
ECPV1iACTUAL is calculated according to paragraph
(h)(2) of this section.
(0.02)ECPV1iu = Emissions from each Group 1 continuous
process vent i subject to Sec. 63.1315 if the applicable
reference control technology had been applied to the
uncontrolled emissions. ECPV1iu is calculated
according to paragraph (h)(2) of this section.
ECPVS1jSTD = Emissions from Group 1 continuous process vents
subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i),
(b)(2)(ii), or (c)(1) located in the collection of process
sections j within the affected source if the applicable
standard had been applied to the uncontrolled emissions.
ECPVS1jSTD is calculated according to paragraph
(h)(3) of this section.
ECPVS1jACTUAL = Emissions from Group 1 continuous process
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii),
(b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of
process sections j within the affected source that are
controlled to a level more stringent than the applicable
standard. ECPVS1jACTUAL is calculated according to
paragraph (h)(3) of this section.
ECPV2iACTUAL = Emissions from each Group 2 continuous process
vent i subject to Sec. 63.1315 that is controlled.
ECPV2iACTUAL is calculated according to paragraph
(h)(2) of this section.
ECPV2iBASE = Emissions from each Group 2 continuous process
vent i subject to Sec. 63.1315 at the baseline date.
ECPV2iBASE is calculated according to paragraph
(h)(2) of this section.
ECPVS2jBASE = Emissions from Group 2 continuous process vents
subject to Sec. 63.1316(b)(1)(i) located in the collection of
material recovery sections j within the affected source at the
baseline date. ECPVS2jBASE is calculated according
to paragraph (h)(3) of this section.
ECPVS2jACTUAL = Emissions from Group 2 continuous process
vents subject to Sec. 63.1316(b)(1)(i) located in the
collection of material recovery sections j within the affected
source that are controlled. ECPVS2jACTUAL is
calculated according to paragraph (h)(3) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i
that is controlled to a level more stringent than the
applicable reference control technology or standard.
ES1iACTUAL is calculated according to paragraph
(h)(4) of this section.
(BL)ES1iu = Emissions from each Group 1 storage vessel i if
the applicable reference control technology or standard had
been applied to the uncontrolled emissions. ES1iu
is calculated according to paragraph (h)(4) of this section.
For calculating these emissions, BL = 0.05 for each Group 1
storage vessel i subject to Sec. 63.1314(a); and BL = 0.02
for each storage vessel i subject to Sec. 63.1314(c).
ES2iACTUAL = Emissions from each Group 2 storage vessel i
that is controlled. ES2iACTUAL is calculated
according to paragraph (h)(4) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at
the baseline date. ES2iBASE is calculated according
to paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i
that is controlled to a level more stringent than the
reference control technology. EWW1iACTUAL is
calculated according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if
the reference control technology had been applied to the
uncontrolled emissions. EWW1ic is calculated
according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i
that is controlled. EWW2iACTUAL is calculated
according to paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i
at the baseline date. EWW2iBASE is calculated
according to paragraph (h)(5) of this section.
(0.10)EBPV1iu = Emissions from each Group 1 batch process
vent i if the applicable standard had been applied to the
uncontrolled emissions. EBPV1iu is calculated
according to paragraph (h)(6) of this section.
EBPV1iACTUAL = Emissions from each Group 1 batch process vent
i that is controlled to a level more stringent than the
applicable standard. EBPV1iACTUAL is calculated
according to paragraph (h)(6) of this section.
(0.10)EABV1iu = Emissions from each Group 1 aggregate batch
vent stream i if the applicable standard had been applied to
the uncontrolled emissions. EABV1iu is calculated
according to paragraph (h)(7) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate batch
vent stream i that is controlled to a level more stringent
than the applicable standard. EABV1iACTUAL is
calculated according to paragraph (h)(7) of this section.
EBPV2iBASE = Emissions from each Group 2 batch process vent i
at the baseline date. EBPV2iBASE is calculated
according to paragraph (h)(6) of this section.
EBPV2iACTUAL = Emissions from each Group 2 batch process vent
i that is controlled. EBPV2iACTUAL is calculated
according to paragraph (h)(6) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch vent
stream i at the baseline date. EABV2iBASE is
calculated
[[Page 360]]
according to paragraph (h)(7) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate batch
vent stream i that is controlled. EABV2iACTUAL is
calculated according to paragraph (h)(7) of this section.
n = Number of Group 1 emission points included in the emissions average.
The value of n is not necessarily the same for continuous
process vents, batch process vents, aggregate batch vent
streams, storage vessels, wastewater streams, or the
collection of process sections within the affected source.
m = Number of Group 2 emission points included in the emissions average.
The value of m is not necessarily the same for continuous
process vents, batch process vents, aggregate batch vent
streams, storage vessels, wastewater streams, or the
collection of process sections within the affected source.
(i) Except as specified in paragraph (h)(1)(iv) of this section, for
an emission point controlled using a reference control technology, the
percent reduction for calculating credits shall be no greater than the
nominal efficiency associated with the reference control technology,
unless a higher nominal efficiency is assigned as specified in paragraph
(h)(1)(ii) of this section.
(ii) For an emission point controlled to a level more stringent than
the reference control technology, the nominal efficiency for calculating
credits shall be assigned as described in paragraph (i) of this section.
A reference control technology may be approved for use in a different
manner and assigned a higher nominal efficiency according to the
procedures in paragraph (i) of this section.
(iii) For an emission point controlled using a pollution prevention
measure, the nominal efficiency for calculating credits shall be as
determined as described in paragraph (j) of this section.
(iv) For Group 1 and Group 2 batch process vents and Group 1 and
Group 2 aggregate batch vent streams, the percent reduction for
calculating credits shall be the percent reduction determined according
to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this
section for batch process vents and paragraphs (h)(7)(ii) and
(h)(7)(iii) of this section for aggregate batch vent streams.
(2) Emissions from continuous process vents subject to Sec. 63.1315
shall be determined as follows:
(i) Uncontrolled emissions from Group 1 continuous process vents
(ECPV1iu) shall be calculated according to the procedures and
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of
this section.
(ii) Actual emissions from Group 1 continuous 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 (ECPV1iACTUAL)
shall be calculated using Equation 36 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.035
(iii) The following procedures shall be used to calculate actual
emissions from Group 2 continuous process vents
(ECPV2iACTUAL):
(A) For a Group 2 continuous process vent controlled by a control
device, a recovery device applied as a pollution prevention project, or
a pollution prevention measure, where the control achieves a percent
reduction less than or equal to 98 percent reduction, use Equation 37 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.036
[[Page 361]]
(1) ECPV2iu shall be calculated according to the
equations and procedures for ECPViu in paragraphs (g)(2)(i)
and (g)(2)(ii) of this section, except as provided in paragraph
(h)(2)(iii)(A)(3) of this section.
(2) The percent reduction shall be calculated according to the
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this
section.
(3) If a recovery device was added as part of a pollution prevention
project, ECPV2iu shall be calculated prior to that recovery
device. The equation for ECPViu in paragraph (g)(2)(ii) of
this section shall be used to calculate ECPV2iu; however, the
sampling site for measurement of vent stream flow rate and organic HAP
concentration shall be at the inlet of the recovery device.
(4) If a recovery device was added as part of a pollution prevention
project, the percent reduction shall be demonstrated by conducting a
performance test at the inlet and outlet of that recovery device.
(B) For a Group 2 continuous process vent controlled using a
technology with an approved nominal efficiency greater than 98 percent
or a pollution prevention measure achieving greater than 98 percent
reduction, use Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.037
(iv) Emissions from Group 2 continuous process vents at baseline
shall be calculated as follows:
(A) If the continuous process vent was uncontrolled on November 15,
1990, ECPV2iBASE = ECPV2iu and shall be calculated
according to the procedures and equation for ECPViu in
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
(B) If the continuous process vent was controlled on November 15,
1990, use Equation 39 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.038
(1) ECPV2iu is calculated according to the procedures and
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of
this section.
(2) The percent reduction shall be calculated according to the
procedures specified in paragraphs (g)(2)(iii)(B)(1) through
(g)(2)(iii)(B)(3) of this section.
(C) If a recovery device was added as part of a pollution prevention
project initiated after November 15, 1990, ECPV2iBASE =
ECPV2iu, where ECPV2iu is calculated according to
paragraph (h)(2)(iii)(A)(3) of this section.
(3) Emissions from continuous process vents subject to Sec.
63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) shall be
determined as follows:
(i) Emissions from Group 1 continuous process vents located in the
collection of process sections j within the affected source if the
applicable standard had been applied to the uncontrolled emissions
(ECPVS1jstd) shall be calculated according to paragraph
(g)(3)(ii) of this section.
(ii) Actual emissions from Group 1 continuous process vents located
in the collection of process sections j within the affected source
controlled to a level more stringent than the applicable standard
(ECPVS1jACTUAL) shall be calculated using the procedures in
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that
the actual emission level, Mg organic HAP/Mg of
[[Page 362]]
product, shall be used as EFstd in Equation 31 of this
subpart. Further, ECPVS1jACTUAL for continuous process vents
subject to Sec. 63.1316(c)(1) controlled in accordance with Sec.
63.1316(c)(1)(iii) shall be calculated using the procedures in paragraph
(h)(2)(ii) of this section for individual continuous process vents and
then summing said emissions to get ECPVS1jACTUAL, except that
the sampling site shall be after recovery devices installed as part of
normal operation; before any add-on control devices (i.e., those
required by regulation); and prior to discharge to the atmosphere.
(iii) Actual emissions from Group 2 continuous process vents subject
to Sec. 63.1316(b)(1)(i) located in the collection of material recovery
sections j within the affected source (ECPVS2jACTUAL) shall
be calculated using the procedures in paragraphs (g)(3)(ii)(A) and
(g)(3)(ii)(B) of this section, except that the actual emission level, Mg
organic HAP/Mg of product, shall be used as EFstd in Equation
31 of this subpart.
(iv) Emissions from Group 2 continuous process vents subject to
Sec. 63.1316(b)(1)(i) located in the collection of material recovery
sections j within the affected source at baseline
(ECPVS2jBASE) shall be calculated using the procedures in
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that
the actual emission level, Mg organic HAP/Mg of product, at baseline
shall be used as EFstd in Equation 31 of this subpart.
(4)(i) Emissions from storage vessels shall be calculated using the
procedures specified in Sec. 63.150(h)(3).
(ii) Actual emissions from Group 1 storage vessels at an existing
affected source producing ASA/AMSAN subject to Sec. 63.1314(c) using a
technology with an approved nominal efficiency greater than 98 percent
or a pollution prevention measure achieving greater than 98 percent
emission reduction shall be calculated using the procedures specified in
Sec. 63.150(h)(3)(ii).
(5) Emissions from wastewater streams shall be calculated using the
procedures specified in Sec. 63.150(h)(5).
(6) Emissions from batch process vents shall be determined as
follows:
(i) Uncontrolled emissions from Group 1 batch process vents
(EBPV1iu) shall be calculated using the procedures Sec.
63.1323(b).
(ii) Actual emissions from Group 1 batch process vents controlled to
a level more stringent than the standard (EBPV1iACTUAL) shall
be calculated using Equation 40 of this subpart, where percent reduction
is for the batch cycle:
[GRAPHIC] [TIFF OMITTED] TR09MR99.010
(A) The percent reduction for the batch cycle shall be calculated
according to the procedures in Sec. 63.1325(c)(2).
(B) The percent reduction for control devices shall be determined
according to the procedures in Sec. 63.1325(c)(2)(i) through
(c)(2)(iii).
(C) The percent reduction of pollution prevention measures shall be
calculated using the procedures specified in paragraph (j) of this
section.
(iii) Actual emissions from Group 2 batch process vents
(EBPV2iACTUAL) shall be calculated using Equation 41 of this
subpart and the procedures in paragraphs (h)(6)(ii)(A) through
(h)(6)(ii)(C) of this section. EBPV2iu shall be calculated
using the procedures specified in Sec. 63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.040
[[Page 363]]
(iv) Emissions from Group 2 batch process vents at baseline
(EBPV2iBASE) shall be calculated as follows:
(A) If the batch process vent was uncontrolled on November 15, 1990,
EBPV2iBASE = EBPV2iu and shall be calculated using
the procedures specified in Sec. 63.1323(b).
(B) If the batch process vent was controlled on November 15, 1990,
use Equation 42 of this subpart and the procedures in paragraphs
(h)(6)(ii)(A) through (h)(6)(ii)(C) of this section. EBPV2iu
shall be calculated using the procedures specified in Sec. 63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.041
(7) Emissions from aggregate batch vent streams shall be determined
as follows:
(i) Uncontrolled emissions from Group 1 aggregate batch vent streams
(EABV1iu) shall be calculated according to the procedures and
equation for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of
this section.
(ii) Actual emissions from Group 1 aggregate batch vent streams
controlled to a level more stringent than the standard
(EABV1iACTUAL) shall be calculated using Equation 43 of this
subpart:
[GRAPHIC] [TIFF OMITTED] TR12SE96.042
(A) The percent reduction for control devices shall be determined
according to the procedures in Sec. 63.1325(e).
(B) The percent reduction of pollution prevention measures shall be
calculated using the procedures specified in paragraph (j) of this
section.
(iii) Actual emissions from Group 2 aggregate batch vent streams
(EABV2iACTUAL) shall be calculated using Equation 44 of this
subpart and the procedures in paragraphs (h)(7)(ii)(A) through
(h)(7)(ii)(B) of this section. EABV2iu shall be calculated
according to the equations and procedures for EABViu in
paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR12SE96.043
(iv) Emissions from Group 2 aggregate batch vent streams at baseline
shall be calculated as follows:
(A) If the aggregate batch vent stream was uncontrolled on November
15, 1990, EABV2iBASE = EABV2iu and shall be
calculated according to the procedures and equation for
EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of this
section.
(B) If the aggregate batch vent stream was controlled on November
15, 1990, use Equation 45 of this subpart and the procedures in
paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this section.
EABV2iu shall be calculated according to the equations and
procedures for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii)
of this section.
[[Page 364]]
[GRAPHIC] [TIFF OMITTED] TR12SE96.044
(i) The following procedures shall be followed to establish nominal
efficiencies for emission controls for storage vessels, continuous
process vents, and process wastewater streams. The procedures in
paragraphs (i)(1) through (i)(6) of this section shall be followed for
control technologies that are different in use or design from the
reference control technologies and achieve greater percent reductions
than the percent efficiencies assigned to the reference control
technologies in Sec. 63.111.
(1) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology, and the different
control technology will be used in more than three applications at a
single plant-site, the owner or operator shall submit the information
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as
specified in Sec. 63.1335(e)(7)(ii), to the Director of the EPA Office
of Air Quality Planning and Standards in writing:
(i) Emission stream characteristics of each emission point to which
the control technology is or will be applied including the kind of
emission point, flow, organic HAP concentration, and all other stream
characteristics necessary to design the control technology or determine
its performance.
(ii) Description of the control technology including design
specifications.
(iii) Documentation demonstrating to the Administrator's
satisfaction the control efficiency of the control technology. This may
include performance test data collected using an appropriate EPA Method
or any other method validated according to Method 301, 40 CFR part 63,
appendix A, of this part. If it is infeasible to obtain test data,
documentation may include a design evaluation and calculations. The
engineering basis of the calculation procedures and all inputs and
assumptions made in the calculations shall be documented.
(iv) A description of the parameter or parameters to be monitored to
ensure that the control technology will be operated in conformance with
its design and an explanation of the criteria used for selection of that
parameter (or parameters).
(2) The Administrator shall determine within 120 days whether an
application presents sufficient information to determine nominal
efficiency. The Administrator reserves the right to request specific
data in addition to the items listed in paragraph (i)(1) of this
section.
(3) The Administrator shall determine within 120 days of the
submittal of sufficient data whether a control technology shall have a
nominal efficiency and the level of that nominal efficiency. If, in the
Administrator's judgment, the control technology achieves a level of
emission reduction greater than the reference control technology for a
particular kind of emission point, the Administrator will publish a
Federal Register notice establishing a nominal efficiency for the
control technology.
(4) The Administrator may grant permission to take emission credits
for use of the control technology. The Administrator may also impose
requirements that may be necessary to ensure operation and maintenance
to achieve the specified nominal efficiency.
(5) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology and the different
control technology will be used in no more than three applications at a
single plant site, the owner or operator shall submit the information
listed in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as
specified in Sec. 63.1335(e)(7)(ii), to the Administrator.
(i) In these instances, use and conditions for use of the control
technology may be approved by the permitting authority as part of an
operating permit
[[Page 365]]
application or modification. The permitting authority shall follow the
procedures specified in paragraphs (i)(2) through (i)(4) of this section
except that, in these instances, a Federal Register notice is not
required to establish the nominal efficiency for the different
technology.
(ii) If, in reviewing the application, the permitting authority
believes the control technology has broad applicability for use by other
affected sources, the permitting authority shall submit the information
provided in the application to the Director of the EPA Office of Air
Quality Planning and Standards. The Administrator shall review the
technology for broad applicability and may publish a Federal Register
notice; however, this review shall not affect the permitting authority's
approval of the nominal efficiency of the control technology for the
specific application.
(6) If, in reviewing an application for a control technology for an
emission point, the Administrator or permitting authority determines the
control technology is not different in use or design from the reference
control technology, the Administrator or permitting authority shall deny
the application.
(j) The following procedures shall be used for calculating the
efficiency (percent reduction) of pollution prevention measures for
storage vessels, continuous process vents, batch process vents,
aggregate batch vent streams, and wastewater streams:
(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 organic HAP emissions; alterations to the
production process to reduce the volume of materials released to the
environment; equipment modifications; housekeeping measures; and in-
process recycling that returns waste materials directly to production as
raw materials. Production cutbacks do not qualify as pollution
prevention.
(2) The emission reduction efficiency of pollution prevention
measures implemented after November 15, 1990, may be used in calculating
the actual emissions from an emission point in the debit and credit
equations in paragraphs (g) and (h) of this section.
(i) For pollution prevention measures, the percent reduction used in
the equations in paragraphs (g)(2) through (g)(7) of this section and
paragraphs (h)(2) through (h)(7) of this section is the percent
difference between the monthly organic HAP emissions for each emission
point after the pollution prevention measure for the most recent month
versus monthly emissions from the same emission point before the
pollution prevention measure, adjusted by the volume of product produced
during the two monthly periods.
(ii) Equation 46 of this subpart shall be used to calculate the
percent reduction of a pollution prevention measure for each emission
point.
[GRAPHIC] [TIFF OMITTED] TR12SE96.045
Where:
Percent reduction = Efficiency of pollution prevention measure (percent
organic HAP reduction).
EB = Monthly emissions before the pollution prevention
measure, megagrams per month, determined as specified in
paragraphs (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of
this section.
[[Page 366]]
Epp = Monthly emissions after the pollution prevention
measure, megagrams per month, as determined for the most
recent month, determined as specified in either paragraphs
(j)(2)(ii)(D) or (j)(2)(ii)(E) of this section.
PB = Monthly production before the pollution prevention
measure, megagrams per month, during the same period over
which EB is calculated.
Ppp = Monthly production after the pollution prevention
measure, megagrams per month, as determined for the most
recent month.
(A) The monthly emissions before the pollution prevention measure,
EB, shall be determined in a manner consistent with the
equations and procedures in paragraphs (g)(2) and (g)(3) of this section
for continuous process vents, paragraph (g)(4) of this section for
storage vessels, paragraph (g)(6) of this section for batch process
vents, and paragraph (g)(7) of this section for aggregate batch vent
streams.
(B) For wastewater, EB shall be calculated using Equation
47 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR09MR99.011
Where:
n = Number of wastewater streams.
QBi = Annual average flow rate for wastewater stream i before
the pollution prevention measure, defined and determined
according to Sec. 63.144(c)(3), liters per minute, before
implementation of the pollution prevention measure.
HBi = Number of hours per month that wastewater stream i was
discharged before the pollution prevention measure, hours per
month.
s = Total number of organic HAP in wastewater stream i.
Fem = Fraction emitted of organic HAP m in wastewater from
Table 34 of subpart G of this part, dimensionless.
HAPBim = Annual average concentration of organic HAP m in
wastewater stream i, defined and determined according to
paragraph Sec. 63.150(g)(5)(i) of this section, before the
pollution prevention measure, parts per million by weight, as
measured before the implementation of the pollution measure.
(C) If the pollution prevention measure was implemented prior to
September 12, 1996 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
Equation 48 of this subpart and n, Qppi, Hppi, s,
Fem, and HAPppim are defined and determined as
described in paragraph (j)(2)(ii)(B) of this section, except that
Qppi, Hppi, and HAPppim shall be
determined after the pollution prevention measure has been implemented.
[GRAPHIC] [TIFF OMITTED] TR12SE96.047
(iii) All equations, calculations, test procedures, test results,
and other information used to determine the percent reduction achieved
by a pollution prevention measure for each emission point shall be fully
documented.
(iv) The same pollution prevention measure may reduce emissions from
multiple emission points. In such
[[Page 367]]
cases, the percent reduction in emissions for each emission point shall
be calculated.
(v) For the purposes of the equations in paragraphs (h)(2) through
(h)(7) of this section used to calculate credits for emission points
controlled more stringently than the reference control technology or
standard, the nominal efficiency of a pollution prevention measure is
equivalent to the percent reduction of the pollution prevention measure.
When a pollution prevention measure is used, the owner or operator of an
affected source is not required to apply to the Administrator for a
nominal efficiency and is not subject to paragraph (i) of this section.
(k) The owner or operator shall demonstrate that the emissions from
the emission points proposed to be included in the emissions average
will not result in greater hazard or, at the option of the
Administrator, greater risk to human health or the environment than if
the emission points were controlled according to the provisions in
Sec. Sec. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and
63.1330.
(1) This demonstration of hazard or risk equivalency shall be made
to the satisfaction of the Administrator.
(i) The Administrator may require owners and operators to use
specific methodologies and procedures for making a hazard or risk
determination.
(ii) The demonstration and approval of hazard or risk equivalency
shall be made according to any guidance that the Administrator makes
available for use.
(2) Owners and operators shall provide documentation demonstrating
the hazard or risk equivalency of their proposed emissions average in
their operating permit application or in their Emissions Averaging Plan
if an operating permit application has not yet been submitted.
(3) An Emissions Averaging Plan that does not demonstrate hazard or
risk equivalency to the satisfaction of the Administrator shall not be
approved. The Administrator may require such adjustments to the
Emissions Averaging Plan as are necessary in order to ensure that the
emissions average will not result in greater hazard or risk to human
health or the environment than would result if the emission points were
controlled according to Sec. Sec. 63.1314, 63.1315, 63.1316 through
63.1320, 63.1321, and 63.1330.
(4) A hazard or risk equivalency demonstration shall:
(i) Be a quantitative, bona fide chemical hazard or risk assessment;
(ii) Account for differences in chemical hazard or risk to human
health or the environment; and
(iii) Meet any requirements set by the Administrator for such
demonstrations.
(l) For periods of parameter monitoring excursions, an owner or
operator may request that the provisions of paragraphs (l)(1) through
(l)(4) of this section be followed instead of the procedures in
paragraphs (f)(2)(i) and (f)(2)(ii) of this section.
(1) The owner or operator shall notify the Administrator of
monitoring excursions in the Periodic Reports as required in Sec.
63.1335(e)(6).
(2) The owner or operator shall demonstrate that other types of
monitoring data or engineering calculations are appropriate to establish
that the control device for the emission point was operating in such a
fashion to warrant assigning full or partial credits and debits. This
demonstration shall be made to the Administrator's satisfaction, and the
Administrator may establish procedures of demonstrating compliance that
are acceptable.
(3) The owner or operator shall provide documentation of the
excursion and the other type of monitoring data or engineering
calculations to be used to demonstrate that the control device for the
emission point was operating in such a fashion to warrant assigning full
or partial credits and debits.
(4) The Administrator may assign full or partial credit and debits
upon review of the information provided.
(m) For each emission point included in an emissions average, the
owner or operator shall perform testing, monitoring, recordkeeping, and
reporting equivalent to that required for Group 1 emission points
complying with Sec. Sec. 63.1314, 63.1315, 63.1316 through 63.1320,
63.1321, and 63.1330, as applicable. The specific requirements for
continuous process vents, batch process vents, aggregate batch vent
streams, storage
[[Page 368]]
vessels, and wastewater operations that are included in an emissions
average for an affected source are identified in paragraphs (m)(1)
through (m)(7) of this section.
(1) For each continuous process vent subject to Sec. 63.1315
equipped with a flare, incinerator, boiler, or process heater, as
appropriate to the control technique:
(i) Determine whether the continuous process vent is Group 1 or
Group 2 according to the procedures specified in Sec. 63.1315;
(ii) Conduct initial performance tests to determine percent
reduction according to the procedures specified in Sec. 63.1315; and
(iii) Monitor the operating parameters, keep records, and submit
reports according to the procedures specified in Sec. 63.1315.
(2) For each continuous process vent subject to Sec. 63.1315
equipped with a carbon adsorber, absorber, or condenser but not equipped
with a control device, as appropriate to the control technique:
(i) Determine the flow rate, organic HAP concentration, and TRE
index value according to the procedures specified in Sec. 63.1315; and
(ii) Monitor the operating parameters, keep records, and submit
reports according to the procedures specified in Sec. 63.1315.
(3) For continuous process vents subject to Sec. 63.1316(b)(1)(i),
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1):
(i) Determine whether the emissions from the continuous process
vents subject to Sec. 63.1316(b)(1)(i) located in the collection of
material recovery sections within the affected source are greater than,
equal to, or less than 0.12 kg organic HAP per Mg of product according
to the procedures specified in Sec. 63.1318(b);
(ii) Determine the emission rate, ERHAP, for each
collection of process sections within the affected source according to
the procedures specified in Sec. 63.1318(b); and
(iii) [Reserved]
(iv) Monitor the operating parameters, keep records, and submit
reports according to the procedures specified in Sec. 63.1317, Sec.
63.1319, Sec. 63.1320.
(4) For each storage vessel controlled with an internal floating
roof, external roof, or a closed vent system with a control device, as
appropriate to the control technique:
(i) Perform the monitoring or inspection procedures according to the
procedures specified in Sec. 63.1314;
(ii) Perform the reporting and recordkeeping procedures according to
the procedures specified in Sec. 63.1314; and
(iii) For closed vent systems with control devices, conduct an
initial design evaluation and submit an operating plan according to the
procedures specified in Sec. 63.1314.
(5) For wastewater emission points, as appropriate to the control
technique:
(i) For wastewater treatment processes, conduct tests according to
the procedures specified in Sec. 63.1330;
(ii) Conduct inspections and monitoring according to the procedures
specified in Sec. 63.1330;
(iii) Implement a recordkeeping program according to the procedures
specified in Sec. 63.1330; and
(iv) Implement a reporting program according to the procedures
specified in Sec. 63.1330.
(6) For each batch process vent and aggregate batch vent stream
equipped with a control device, as appropriate to the control technique:
(i) Determine whether the batch process vent or aggregate batch vent
stream is Group 1 or Group 2 according to the procedures in Sec.
63.1323;
(ii) Conduct performance tests according to the procedures specified
in Sec. 63.1325;
(iii) Conduct monitoring according to the procedures specified in
Sec. 63.1324; and
(iv) Perform the recordkeeping and reporting procedures according to
the procedures specified in Sec. Sec. 63.1326 and 63.1327.
(7) If an emission point in an emissions average is controlled using
a pollution prevention measure or a device or technique for which no
monitoring parameters or inspection procedures are required by
Sec. Sec. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, or
63.1330, the owner or operator shall submit the information specified in
Sec. 63.1335(f) for alternate monitoring parameters or inspection
procedures in the Emissions
[[Page 369]]
Averaging Plan or operating permit application.
(n) Records of all information required to calculate emission debits
and credits shall be retained for 5 years.
(o) Precompliance Reports, Emission Averaging Plans, Notifications
of Compliance Status, Periodic Reports, and other reports shall be
submitted as required by Sec. 63.1335.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999;
79 FR 17367, Mar. 27, 2014]
Sec. 63.1333 Additional requirements for performance testing.
(a) 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 and in accordance with Sec. 63.7(a)(1), (a)(3), (d), (e)(2),
(e)(4), (g), and (h), with the exceptions specified in paragraphs (a)(1)
through (5) of this section and the additions specified in paragraphs
(b) through (d) of this section. Representative conditions exclude
periods of startup and shutdown unless specified by the Administrator or
an applicable subpart. The owner or operator may not conduct performance
tests during periods of malfunction. The owner or operator must record
the process information that is necessary to document operating
conditions during the test and include in such record an explanation to
support that such conditions represent normal operation. 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. Sections 63.1314 through 63.1330 also contain specific testing
requirements.
(1) Performance tests shall be conducted according to the provisions
of Sec. 63.7(e)(2), except that performance tests shall be conducted at
maximum representative operating conditions achievable during one of the
time periods described in paragraph (a)(1)(i) of this section, without
causing any of the situations described in paragraph (a)(1)(ii) of this
section to occur.
(i) The 6-month period that ends 2 months before the Notification of
Compliance Status is due, according to Sec. 63.1335(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 3
months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make product that does not meet an existing specification for
sale to a customer; or necessitating that the owner or operator make
product in excess of demand.
(2) The requirements in Sec. 63.1335(e)(5) shall apply instead of
the references in Sec. 63.7(g) to the Notification of Compliance Status
requirements in Sec. 63.9(h).
(3) Because the site-specific test plans in Sec. 63.7(c)(3) are not
required, Sec. 63.7(h)(4)(ii) is not applicable.
(4) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 days before the
performance test is scheduled to allow the Administrator the opportunity
to have an observer present during the test. If after 30 days notice for
an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected facility shall notify the
Administrator as soon as possible of any delay in the original test
date, either by providing at least 7 days prior notice of the
rescheduled date of the performance test, or by arranging a rescheduled
date with the Administrator by mutual agreement.
(5) Performance tests shall be performed no later than 150 days
after the compliance dates specified in this subpart (i.e., in time for
the results to be included in the Notification of Compliance Status),
rather than according to the time periods in Sec. 63.7(a)(2) of subpart
A of this part.
(b) Each owner or operator of an existing affected source producing
MBS complying with Sec. 63.1315(b)(2) shall determine compliance with
the mass emission per mass product standard by using Equation 49 of this
subpart. When determining Ei, when the provisions of Sec.
63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A, shall
be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be
used for the purposes of this subpart. The
[[Page 370]]
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the
requirements in paragraphs (b)(1) and (b)(2) of this section. During
periods of startup or shutdown, as an alternative to using Equation 49
of this subpart, the owner or operator may divide the emission rate of
total organic HAP or TOC during startup or shutdown by the rate of
polymer produced from the most recent performance test associated with a
production rate greater than zero to comply with the emission limit.
[GRAPHIC] [TIFF OMITTED] TR19JN00.041
Where:
ERMBS = Emission rate of organic HAP or TOC from continuous
process vents, kg/Mg product.
Ei = Emission rate of organic HAP or TOC from continuous
process vent i as calculated using the procedures specified in
Sec. 63.116(c)(4), kg/month.
PPM = Amount of polymer produced in one month as determined
by the procedures specified in Sec. 63.1318(b)(1)(ii), Mg/
month.
n = Number of continuous process vents.
(1) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume.
(2) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(c) The owner or operator of an affected source, complying with
Sec. 63.1322(a)(3) shall determine compliance with the percent
reduction requirement using Equation 50 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.049
Where:
PR = Percent reduction
Hj = Number of operating hours in a year for control device
j.
Ei = Mass rate of TOC or total organic HAP at the inlet of
control device j, calculated as specified in Sec. 63.1325(f),
kg/hr. This value includes all continuous process vents, batch
process vents, and aggregate batch vent streams routed to
control device j.
Eo = Mass rate of TOC or total organic HAP at the outlet of
control device j, calculated as specified in Sec. 63.1325(f),
kg/hr.
Hk = Number of hours of operation during which positive flow
is present in uncontrolled continuous process vent or
aggregate batch vent stream k, hr/yr.
Eku = Mass rate of TOC or total organic HAP of uncontrolled
continuous process vent or aggregate batch vent stream k,
calculated as specified in Sec. 63.1325(f)(4), kg/hr.
AEunc = Mass rate of TOC or total organic HAP of uncontrolled
batch process vent l, calculated as specified in Sec.
63.1325(f)(4), kg/yr.
n = Number of control devices, uncontrolled continuous process vents and
aggregate batch vent streams, and uncontrolled batch process
vents. The value of n is not necessarily the same for these
three items.
(d) Data shall be reduced in accordance with the EPA approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301 of appendix A of this part.
(e) Notwithstanding any other provision of this subpart, if an owner
or operator of an affected source uses a flare
[[Page 371]]
to comply with any of the requirements of this subpart, the owner or
operator shall comply with paragraphs (e)(1) through (e)(3) of this
section. The owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration. If a compliance demonstration has been conducted
previously for a flare, using the techniques specified in paragraphs
(e)(1) through (e)(3) of this section, that compliance demonstration may
be used to satisfy the requirements of this paragraph if either no
deliberate process changes have been made since the compliance
demonstration, or the results of the compliance demonstration reliably
demonstrate compliance despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4);
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6); and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8), as appropriate.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000;
79 FR 17637, Mar. 27, 2014]
Sec. 63.1334 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a control or recovery device that has one or more parameter
monitoring level requirements specified under this subpart shall
establish a maximum or minimum level for each measured parameter. If a
performance test is required by this subpart for a control device, the
owner or operator shall use the procedures in either paragraph (b) or
(c) of this section to establish the parameter monitoring level(s). If a
performance test is not required by this subpart for a control device,
the owner or operator may use the procedures in paragraph (b), (c) or
(d) of this section to establish the parameter monitoring level(s). When
using the procedures specified in paragraph (c) or (d) of this section,
the owner or operator shall submit the information specified in Sec.
63.1335(e)(3)(vii) for review and approval as part of the Precompliance
Report.
(1) The owner or operator shall operate control and recovery devices
such that the daily average of monitored parameters remains above the
minimum established level or below the maximum established level, except
as otherwise stated in this subpart.
(2) As specified in Sec. 63.1335(e)(5), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a monitoring
parameter excursion caused by an activity that violates other applicable
provisions of subpart A, F, G, or H of this part.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this subpart,
and an owner or operator elects to establish a parameter monitoring
level for a control, recovery, or recapture device based exclusively on
parameter values measured during the performance test, the owner or
operator of the affected source shall comply with the procedures in
paragraphs (b)(1) through (b)(4) of this section, as applicable.
(1) [Reserved]
(2) Continuous process vents. During initial compliance testing, the
appropriate parameter shall be continuously monitored during the
required 1-hour runs. The monitoring level(s) shall then be established
as the average of the maximum (or minimum) point values from the three
test runs. The average of the maximum values shall be used when
establishing a maximum level, and the average of the minimum values
shall be used when establishing a minimum level.
(3) Batch process vents. The monitoring level(s) shall be
established using the procedures specified in either paragraph (b)(3)(i)
or (b)(3)(ii) of this section. The procedures specified in this
paragraph (b)(3) may only be used
[[Page 372]]
if the batch emission episodes, or portions thereof, selected to be
controlled were tested, and monitoring data were collected, during the
entire period in which emissions were vented to the control device, as
specified in Sec. 63.1325(c)(1)(i). If the owner or operator chose to
test only a portion of the batch emission episode, or portion thereof,
selected to be controlled, the procedures in paragraph (c) of this
section shall be used.
(i) If more than one batch emission episode or more than one portion
of a batch emission episode has been selected to be controlled, a single
level for the batch cycle shall be calculated as follows:
(A) The average monitored parameter value shall be calculated for
each batch emission episode, or portion thereof, in the batch cycle
selected to be controlled. The average shall be based on all values
measured during the required performance test.
(B) If the level to be established is a maximum operating parameter,
the level shall be defined as the minimum of the average parameter
values of the batch emission episodes, or portions thereof, in the batch
cycle selected to be controlled (i.e., identify the emission episode, or
portion thereof, which requires the lowest parameter value in order to
assure compliance. The average parameter value that is necessary to
assure compliance for that emission episode, or portion thereof, shall
be the level for all emission episodes, or portions thereof, in the
batch cycle, that are selected to be controlled).
(C) If the level to be established is a minimum operating parameter,
the level shall be defined as the maximum of the average parameter
values of the batch emission episodes, or portions thereof, in the batch
cycle selected to be controlled (i.e., identify the emission episode, or
portion thereof, which requires the highest parameter value in order to
assure compliance. The average parameter value that is necessary to
assure compliance for that emission episode, or portion thereof, shall
be the level for all emission episodes, or portions thereof, in the
batch cycle, that are selected to be controlled).
(D) Alternatively, an average monitored parameter value shall be
calculated for the entire batch cycle based on all values measured
during each batch emission episode, or portion thereof, selected to be
controlled.
(ii) Instead of establishing a single level for the batch cycle, as
described in paragraph (b)(3)(i) of this section, an owner or operator
may establish separate levels for each batch emission episode, or
portion thereof, selected to be controlled. Each level shall be
determined as specified in paragraph (b)(3)(i)(A) of this section.
(iii) The batch cycle shall be defined in the Notification of
Compliance Status, as specified in Sec. 63.1335(e)(5). Said definition
shall include an identification of each batch emission episode and the
information required to determine parameter monitoring compliance for
partial batch cycles (i.e., when part of a batch cycle is accomplished
during two different operating days).
(4) Aggregate batch vent streams. For aggregate batch vent streams,
the monitoring level shall be established in accordance with paragraph
(b)(2) of this section.
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. In cases where a performance test is
required by this subpart, or the owner or operator elects to do a
performance test in accordance with the provisions of this subpart, and
an owner or operator elects to establish a parameter monitoring level
for a control, recovery, or recapture device under this paragraph (c),
the owner or operator shall supplement the parameter values measured
during the performance test with engineering assessments and/or
manufacturer's recommendations. Performance testing is not required to
be conducted over the entire range of expected parameter values.
(d) Establishment of parameter monitoring based on engineering
assessments and/or manufacturer's recommendations. In cases where a
performance test is not required by this subpart and an owner or
operator elects to establish a parameter monitoring level for a control,
recovery, or recapture device under this paragraph (d), the
determination of the parameter monitoring
[[Page 373]]
level shall be based exclusively on engineering assessments and/or
manufacturer's recommendations.
(e) [Reserved]
(f) Parameter monitoring excursion definitions. (1) With respect to
storage vessels (where the applicable monitoring plan specifies
continuous monitoring), continuous process vents, aggregate batch vent
streams, and process wastewater streams, an excursion means any of the
three cases listed in paragraphs (f)(1)(i) through (f)(1)(iii) of this
section. For a control or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion criteria
in paragraphs (f)(1)(i) through (f)(1)(iii) of this section, this is
considered a single excursion for the control or recovery device. For
each excursion, the owner or operator shall be deemed out of compliance
with the provisions of this subpart.
(i) When the daily average value of one or more monitored parameters
is above the maximum level or below the minimum level established for
the given parameters.
(ii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is 4 hours
or greater in an operating day, and monitoring data are insufficient, as
defined in paragraph (f)(1)(iv) of this section, to constitute a valid
hour of data for at least 75 percent of the operating hours.
(iii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is less than
4 hours in an operating day and more than two of the hours during the
period of operation do not constitute a valid hour of data due to
insufficient monitoring data, as defined in paragraph (f)(1)(iv) of this
section.
(iv) Monitoring data are insufficient to constitute a valid hour of
data, as used in paragraphs (f)(1)(ii) and (f)(1)(iii) of this section,
if measured values are unavailable for any of the 15-minute periods
within the hour. For data compression systems approved under Sec.
63.1335(g)(3), monitoring data are insufficient to calculate a valid
hour of data if there are less than four data measurements made during
the hour.
(v) The periods listed in paragraphs (f)(1)(v)(A) and (B) of this
section are not considered to be part of the period of control or
recovery device operation, for the purposes of paragraphs (f)(1)(ii) and
(iii) of this section.
(A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
(B) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) With respect to batch process vents, an excursion means one of
the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this
section. For a control device where multiple parameters are monitored,
if one or more of the parameters meets the excursion criteria in either
paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a
single excursion for the control device. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart.
(i) When the batch cycle daily average value of one or more
monitored parameters is above the maximum or below the minimum
established level for the given parameters.
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available for at least 75 percent of the 15-minute periods when
batch emission episodes selected to be controlled are being vented to
the control device during the operating day, using the procedures
specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this
section.
(A) Determine the total amount of time during the operating day when
batch emission episodes selected to be controlled are being vented to
the control device.
(B) Subtract the time during the periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments from the total amount of time determined in paragraph
(f)(2)(ii)(A) of this section, to obtain the operating
[[Page 374]]
time used to determine if monitoring data are insufficient.
(C) Determine the total number of 15-minute periods in the operating
time used to determine if monitoring data are insufficient, as was
determined in accordance with paragraph (f)(2)(ii)(B) of this section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(f)(2)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(3) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(f)(3)(i) or (ii) of this section, as applicable. For a control or
recovery device where multiple parameters are monitored, if one or more
of the parameters meets the excursion criteria, this is considered a
single excursion for the control or recovery device. For each excursion,
the owner or operator shall be deemed out of compliance with the
provisions of this subpart.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (f)(3)(i)(A) or
(f)(3)(i)(B) of this section is considered a single excursion for the
control device. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart.
(A) When the average value of one or more parameters, averaged over
the duration of the filling period for the storage vessel, is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available for at
least 75 percent of the specific intervals at which parameters are to be
monitored and recorded, according to the storage vessel's monitoring
plan, during the filling period for the storage vessel.
(ii) If the monitoring plan does not specify monitoring a parameter
and recording its value at specific intervals (for example, if the
relevant operating requirement is to exchange a disposable carbon
canister before expiration of its rated service life), the monitoring
plan shall define an excursion in terms of the relevant operating
requirement.
(4) With respect to continuous process vents complying with the mass
emissions per mass product requirements specified in Sec.
63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1)(i), an
excursion has occurred when the mass emission rate calculated as
specified in Sec. 63.1318(c) exceeds the appropriate mass emissions per
mass product requirement. For each excursion, the owner or operator
shall be deemed out of compliance with the provisions of this subpart.
(5) With respect to continuous process vents complying with the
temperature limits for final condensers specified in Sec.
63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when the
daily average exit temperature exceeds the appropriate condenser
temperature limit. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart. The
periods listed in paragraphs (f)(5)(i) and (ii) of this section are not
considered to be part of the period of operation for the condenser for
purposes of determining the daily average exit temperature.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
(ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(6) With respect to new affected sources producing SAN using a batch
process, an excursion has occurred when the percent reduction calculated
using the procedures specified in Sec. 63.1333(c) is less than 84
percent. For each excursion, the owner or operator shall be deemed out
of compliance with the provisions of this subpart. The periods listed in
paragraphs (f)(6)(i) and (ii) of this section are not considered to be
part of the period of control or recovery device operation for purposes
of determining the percent reduction.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero
[[Page 375]]
(low-level) and high-level adjustments; or
(ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(7) With respect to continuous process vents complying with the mass
emissions per mass product requirement specified in Sec. 63.1315(b)(2),
an excursion has occurred when the mass emission rate calculated as
specified in Sec. 63.1333(b) exceeds the mass emissions per mass
product requirement specified in Sec. 63.1315(b)(2). For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart.
[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000;
79 FR 17368, Mar. 27, 2014]
Sec. 63.1335 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years, as specified in paragraph (a)(1) of this section, with the
exception listed in paragraph (a)(2) of this section.
(1) All applicable records shall be maintained in such a manner that
they can be readily accessed. The most recent 6 months of records shall
be retained on site or shall be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. The remaining 4 and one-half years of records may be retained
offsite. Records may be maintained in hard copy or computer-readable
form including, but not limited to, on paper, microfilm, computer,
floppy disk, magnetic tape, or microfiche.
(2) If an owner or operator submits copies of reports to the
appropriate EPA Regional Office, the owner or operator is not required
to maintain copies of reports. If the EPA Regional Office has waived the
requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of reports,
the owner or operator is not required to maintain copies of those
reports.
(b) Requirements of subpart A of this part. The owner or operator of
an affected source shall comply with the applicable recordkeeping and
reporting requirements in subpart A of this part as specified in Table 1
of this subpart. These requirements include, but are not limited to, the
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
(1) Malfunction recordkeeping and reporting. (i) Records of
malfunctions. The owner or operator shall keep the records specified in
paragraphs (b)(1)(i)(A) through (C) of this section.
(A) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure record the
date, time, and duration of each failure.
(B) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit,
and a description of the method used to estimate the emissions.
(C) Record actions taken to minimize emissions in accordance with
Sec. 63.1310(j)(4), and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
(ii) Reports of malfunctions. If a source fails to meet an
applicable standard, report such events in the Periodic Report. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time, and duration of each failure. For each
failure the report must include a list of the affected sources or
equipment, an estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used to
estimate the emissions.
(2) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H),
(d)(1)(iii), (d)(2), and (d)(3)(ii).
(c) [Reserved]
(d) Recordkeeping and documentation. Owners or operators required to
keep continuous records shall keep records as specified in paragraphs
(d)(1)
[[Page 376]]
through (10) of this section, unless an alternative recordkeeping system
has been requested and approved as specified in paragraph (g) of this
section, and except as provided in paragraph (h) of this section. If a
monitoring plan for storage vessels pursuant to Sec. 63.1314(a)(9)
requires continuous records, the monitoring plan shall specify which
provisions, if any, of paragraphs (d)(1) through (10) of this section
apply. As described in Sec. 63.1314(a)(9), certain storage vessels are
not required to keep continuous records as specified in this paragraph.
Owners and operators of such storage vessels shall keep records as
specified in the monitoring plan required by Sec. 63.1314(a)(9).
Paragraphs (d)(8) and (d)(9) of this section specify documentation
requirements.
(1) The monitoring system shall measure data values at least once
every 15 minutes.
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are measured
more frequently than once per minute, a single value for each minute may
be used to calculate the hourly (or shorter period) block average
instead of all measured values. Owners or operators of batch process
vents shall record each measured data value.
(3) Daily average (or batch cycle daily average) values of each
continuously monitored parameter shall be calculated for each operating
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this
section, except as specified in paragraphs (d)(6) and (d)(7) of this
section.
(i) The daily average value or batch cycle daily average shall be
calculated as the average of all parameter values recorded during the
operating day, except as specified in paragraph (d)(7) of this section.
For batch process vents, as specified in Sec. 63.1326(e)(2)(i), only
parameter values measured during those batch emission episodes, or
portions thereof, in the batch cycle that the owner or operator has
chosen to control shall be used to calculate the average. The calculated
average shall cover a 24-hour period if operation is continuous, or the
number of hours of operation per operating day if operation is not
continuous.
(ii) The operating day shall be the period the owner or operator
specifies in the operating permit or the Notification of Compliance
Status for purposes of determining daily average values or batch cycle
daily average values of monitored parameters.
(4)-(5) [Reserved]
(6) Records required when all recorded values are within the
established limits. If all recorded values for a monitored parameter
during an operating day are above the minimum level or below the maximum
level established in the Notification of Compliance Status or operating
permit, the owner or operator may record that all values were above the
minimum level or below the maximum level rather than calculating and
recording a daily average (or batch cycle daily average) for that
operating day.
(7) Monitoring data recorded during periods identified in paragraphs
(d)(7)(i) and (ii) of this section shall not be included in any average
computed under this subpart. Records shall be kept of the times and
durations of all such periods and any other periods during process or
control device or recovery device operation when monitors are not
operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
(ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver
under
[[Page 377]]
Sec. 63.10(f) shall maintain the information, if any, specified by the
Administrator as a condition of the waiver of recordkeeping or reporting
requirements.
(10) For pressure relief devices in organic HAP service, keep
records of the information specified in paragraphs (d)(10)(i) through
(v) of this section, as applicable.
(i) A list of identification numbers for pressure relief devices
that the owner or operator elects to equip with a closed-vent system and
control device, subject to the provisions in Sec. 63.1331(a)(9)(iv).
(ii) A list of identification numbers for pressure relief devices
subject to the provisions in Sec. 63.1331(a)(9)(i).
(iii) A list of identification numbers for pressure relief devices
equipped with rupture disks, subject to the provisions in Sec.
63.1331(a)(9)(ii)(B).
(iv) The dates and results of the Method 21 of 40 CFR part 60,
appendix A, monitoring following a pressure release for each pressure
relief device subject to the provisions in Sec. 63.1331(a)(9)(i) and
(ii). The results shall include:
(A) The background level measured during each compliance test.
(B) The maximum instrument reading measured at each piece of
equipment during each compliance test.
(v) For pressure relief devices in organic HAP service subject to
Sec. 63.1331(a)(9)(iii), keep records of each pressure release to the
atmosphere, including the following information:
(A) The source, nature, and cause of the pressure release.
(B) The date, time, and duration of the pressure release.
(C) The quantity of total HAP emitted during the pressure release
and the calculations used for determining this quantity.
(D) The actions taken to prevent this pressure release.
(E) The measures adopted to prevent future such pressure releases.
(e) Reporting and notification. In addition to the reports and
notifications required by subpart A of this part as specified in Table 1
of this subpart, the owner or operator of an affected source shall
prepare and submit the reports listed in paragraphs (e)(3) through (9)
of this section, as applicable. All reports required by this subpart,
and the schedule for their submittal, are listed in Table 9 of this
subpart.
(1) Owners and operators shall not be in violation of the reporting
requirements of this subpart for failing to submit information required
to be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this
section. Examples of circumstances where this paragraph may apply
include information related to newly-added equipment or emission points,
changes in the process, changes in equipment required or utilized for
compliance with the requirements of this subpart, or changes in methods
or equipment for monitoring, recordkeeping, or reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart;
(ii) The owner or operator has been diligent in obtaining the
information; and
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this
section.
(A) If this subpart expressly provides for supplements to the report
in which the information is required, the owner or operator shall submit
the information as a supplement to that report. The information shall be
submitted no later than 60 days after it is obtained, unless otherwise
specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an operating
permit pursuant to part 70 or part 71, due to circumstances to which the
information pertains, the owner or operator shall submit the information
with the request for revision to the operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or
(e)(1)(iii)(B) of this paragraph, the owner or operator shall submit the
information with the first Periodic Report, as required by this subpart,
which has a submission deadline at least 60 days after the information
is obtained.
[[Page 378]]
(2) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of an
affected source, reports may be submitted on electronic media.
(3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring and
recordkeeping or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec. 63.1323(b)(6)(i)(C); or wishing to
establish parameter monitoring levels according to the procedures
contained in Sec. 63.1334(c) or (d), shall submit a Precompliance
Report according to the schedule described in paragraph (e)(3)(i) of
this section. The Precompliance Report shall contain the information
specified in paragraphs (e)(3)(ii) through (e)(3)(viii) of this section,
as appropriate.
(i) Submittal dates. The Precompliance Report shall be submitted to
the Administrator no later than December 19, 2000. If a Precompliance
Report was submitted prior to June 19, 2000 and no changes need to be
made to that Precompliance Report, the owner or operator shall re-submit
the earlier report or submit notification that the previously submitted
report is still valid. Unless the Administrator objects to a request
submitted in the Precompliance Report within 45 days after its receipt,
the request shall be deemed approved. For new affected sources, the
Precompliance Report shall be submitted to the Administrator with the
application for approval of construction or reconstruction required in
paragraph (b)(2) of this section. Supplements to the Precompliance
Report may be submitted as specified in paragraph (e)(3)(ix) of this
section. To submit a Precompliance Report for the first time after the
compliance date to request an extension for compliance; request approval
to use alternative monitoring parameters, alternative continuous
monitoring and recordkeeping or alternative controls; request approval
to use engineering assessment to estimate emissions from a batch
emissions episode, as described in Sec. 63.1323(b)(6)(i)(C); or to
request to establish parameter monitoring levels according to the
procedures contained in Sec. 63.1334(c) or (d), the owner or operator
shall notify the Administrator at least 90 days before the planned
change is to be implemented; the change shall be considered approved if
the Administrator either approves the change in writing, or fails to
disapprove the change in writing within 45 days of receipt.
(ii) A request for an extension for compliance, as specified in
Sec. 63.1311(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec.
63.1311(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other than
those for which monitoring parameters are specified in this subpart or
in subpart G of this part or seeks to comply by monitoring a different
parameter than those specified in this subpart or in subpart G of this
part.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g) of
this section, the owner or operator shall submit a request for approval
in the Precompliance Report.
(v) The owner or operator shall report the intent to use alternative
emission standards to comply with the provisions of this subpart in the
Precompliance Report. The Administrator may deem alternative emission
standards to be equivalent to the standard required by the subpart,
under the procedures outlined in Sec. 63.6(g).
(vi) If a request for approval to use engineering assessment to
estimate emissions from a batch emissions episode, as described in Sec.
63.1323(b)(6)(i)(C)
[[Page 379]]
is being made, the information required by Sec. 63.1323(b)(6)(iii)(B)
shall be submitted in the Precompliance Report.
(vii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in Sec. 63.1334(c) or (d),
the following information shall be submitted in the Precompliance
Report:
(A) Identification of which procedures (i.e., Sec. 63.1334(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.1334(c) are to be used, a
description of how performance test data will be used shall be included.
(viii) [Reserved]
(ix) Supplements to the Precompliance Report may be submitted as
specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section.
Unless the Administrator objects to a request submitted in a supplement
to the Precompliance Report within 45 days after its receipt, the
request shall be deemed approved.
(A) Supplements to the Precompliance Report may be submitted to
clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; or to establish parameter monitoring levels
according to the procedures contained in Sec. 63.1334(c) or (d), as
specified in paragraph (e)(3)(vii) of this section.
(4) Emissions Averaging Plan. For all existing affected sources
using emissions averaging, an Emissions Averaging Plan shall be
submitted for approval according to the schedule and procedures
described in paragraph (e)(4)(i) of this section. The Emissions
Averaging Plan shall contain the information specified in paragraph
(e)(4)(ii) of this section, unless the information required in paragraph
(e)(4)(ii) of this section is submitted with an operating permit
application. An owner or operator of an affected source who submits an
operating permit application instead of an Emissions Averaging Plan
shall submit the information specified in paragraph (e)(8) of this
section. In addition, a supplement to the Emissions Averaging Plan, as
required under paragraph (e)(4)(iii) of this section, is to be submitted
whenever additional alternative controls or operating scenarios may be
used to comply with this subpart. Updates to the Emissions Averaging
Plan shall be submitted in accordance with paragraph (e)(4)(iv) of this
section.
(i) Submittal and approval. The Emissions Averaging Plan shall be
submitted no later than September 19, 2000, and it is subject to
Administrator approval. If an Emissions Averaging Plan was submitted
prior to June 19, 2000 and no changes need to be made to that Emissions
Averaging Plan, the owner or operator shall re-submit the earlier plan
or submit notification that the previously submitted plan is still
valid. The Administrator shall determine within 120 days whether the
Emissions Averaging Plan submitted presents sufficient information. The
Administrator shall either approve the Emissions Averaging Plan, request
changes, or request that the owner or operator submit additional
information. Once the Administrator receives sufficient information, the
Administrator shall approve, disapprove, or request changes to the plan
within 120 days.
(ii) Information required. The Emissions Averaging Plan shall
contain the information listed in paragraphs (e)(4)(ii)(A) through
(e)(4)(ii)(N) of this section for all emission points included in an
emissions average.
(A) The required information shall include the identification of all
emission points in the planned emissions average and, where applicable,
notation of whether each storage vessel, continuous process vent, batch
process vent, aggregate batch vent stream, and process wastewater stream
is a Group 1 or Group 2 emission point, as defined in
[[Page 380]]
Sec. 63.1312 or as designated under Sec. 63.1332 (c)(3) through
(c)(5).
(B) The required information shall include the projected emission
debits and credits for each emission point and the sum for the emission
points involved in the average calculated according to Sec. 63.1332.
The projected credits shall be greater than or equal to the projected
debits, as required under Sec. 63.1332(e)(3).
(C) The required information shall include the specific control
technology or pollution prevention measure that will be used for each
emission point included in the average and date of application or
expected date of application.
(D) The required information shall include the specific
identification of each emission point affected by a pollution prevention
measure. To be considered a pollution prevention measure, the criteria
in Sec. 63.1332(j)(1) shall be met. If the same pollution prevention
measure reduces or eliminates emissions from multiple emission points in
the average, the owner or operator shall identify each of these emission
points.
(E) The required information shall include a statement that the
compliance demonstration, monitoring, inspection, recordkeeping, and
reporting provisions in Sec. 63.1332 (m), (n), and (o) that are
applicable to each emission point in the emissions average will be
implemented beginning on or before the date of compliance.
(F) The required information shall include documentation of the data
listed in paragraphs (e)(4)(ii)(F)(1) through (e)(4)(ii)(F)(5) of this
section for each storage vessel and continuous process vent subject to
Sec. 63.1315 included in the average.
(1) The required documentation shall include the values of the
parameters used to determine whether the emission point is Group 1 or
Group 2. Where TRE index value is used for continuous process vent group
determination, the estimated or measured values of the parameters used
in the TRE equation in Sec. 63.115(d) and the resulting TRE index value
shall be submitted.
(2) The required documentation shall include the estimated values of
all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of this
section.
(3) The required documentation shall include the estimated percent
reduction if a control technology achieving a lower percent reduction
than the efficiency of the applicable reference control technology or
standard is or will be applied to the emission point.
(4) The required documentation shall include the anticipated nominal
efficiency if a control technology achieving a greater percent emission
reduction than the efficiency of the reference control technology is or
will be applied to the emission point. The procedures in Sec.
63.1332(i) shall be followed to apply for a nominal efficiency, and the
report specified in paragraph (e)(7)(ii) of this section shall be
submitted with the Emissions Averaging Plan as specified in paragraph
(e)(7)(ii)(A) of this section.
(5) The required documentation shall include the monitoring plan
specified in Sec. 63.122(b), to include the information specified in
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or
(d)(2)(iii) for each storage vessel controlled with a closed-vent system
using a control device other than a flare.
(G) The information specified in paragraph (f) of this section shall
be included in the Emissions Averaging Plan for:
(1) Each continuous process vent subject to Sec. 63.1315 controlled
by a pollution prevention measure or control technique for which
monitoring parameters or inspection procedures are not specified in
Sec. 63.114; and
(2) Each storage vessel controlled by pollution prevention or a
control technique other than an internal or external floating roof or a
closed vent system with a control device.
(H) The required information shall include documentation of the data
listed in paragraphs (e)(4)(ii)(H)(1) through (e)(4)(ii)(H)(5) of this
section for each collection of continuous process vents located in a
process section within the affected source subject to Sec. 63.1316
[[Page 381]]
(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) included in the
average.
(1) For continuous process vents subject to Sec. 63.1316(b)(1)(i),
the required documentation shall include the values of the parameters
used to determine whether the emission point is Group 1 or Group 2.
Continuous process vents subject to Sec. 63.1316 (b)(1)(ii), (b)(2)(i),
(b)(2)(ii), or (c)(1) are considered Group 1 emission points for
purposes of emissions averaging, as specified in Sec. 63.1332(c)(5).
(2) The required documentation shall include the estimated values of
all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of this
section.
(3) For process sections generating debits or credits by comparing
actual emissions expressed as kg HAP emissions per Mg of product to the
applicable standard, the required documentation shall include the actual
emission level expressed as kg HAP emissions per Mg of product.
(4) For process sections using combustion control devices, the
required documentation shall include the estimated percent reduction if
a control technology achieving a lower percent reduction than the
efficiency of the applicable reference control technology or standard is
or will be applied to the emission point.
(5) For process sections using combustion control devices, the
required documentation shall include the anticipated nominal efficiency
if a control technology achieving a greater percent emission reduction
than the efficiency of the reference control technology is or will be
applied to the emission point. The procedures in Sec. 63.1332(i) shall
be followed to apply for a nominal efficiency.
(I) For each pollution prevention measure or control device used to
reduce air emissions of organic HAP from each collection of continuous
process vents located in a process section within the affected source
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii),
or (c)(1) and for which no monitoring parameters or inspection
procedures are specified in Sec. 63.114, the information specified in
paragraph (f) of this section, Alternative Monitoring Parameters, shall
be included in the Emissions Averaging Plan.
(J) The required information shall include documentation of the data
listed in paragraphs (e)(4)(ii)(J)(1) through (e)(4)(ii)(J)(3) of this
section for each batch process vent and aggregate batch vent stream
included in the average.
(1) The required documentation shall include the values of the
parameters used to determine whether the emission point is Group 1 or
Group 2.
(2) The required documentation shall include the estimated values of
all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of this
section.
(3) For batch process vents, the required documentation shall
include the estimated percent reduction for the batch cycle. For
aggregate batch vent streams, the required documentation shall include
the estimated percent reduction achieved on a continuous basis.
(K) For each pollution prevention measure or control device used to
reduce air emissions of organic HAP from batch process vents or
aggregate batch vent streams and for which no monitoring parameters or
inspection procedures are specified in Sec. 63.1324, the information
specified in paragraph (f) of this section, Alternative Monitoring
Parameters, shall be included in the Emissions Averaging Plan.
(L) The required information shall include documentation of the data
listed in paragraphs (e)(4)(ii)(L)(1) through (e)(4)(ii)(L)(4) of this
section for each process wastewater stream included in the average.
(1) The required documentation shall include the data used to
determine whether the wastewater stream is a Group 1 or Group 2
wastewater stream.
[[Page 382]]
(2) The required documentation shall include the estimated values of
all parameters needed for input to the wastewater emission credit and
debit calculations in Sec. 63.1332(g) and (h). These parameter values
shall be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of this
section.
(3) The required documentation shall include the estimated percent
reduction if:
(i) A control technology that achieves an emission reduction less
than or equal to the emission reduction that would otherwise have been
achieved by a steam stripper designed to the specifications found in
Sec. 63.138(g) is or will be applied to the wastewater stream;
(ii) A control technology achieving less than or equal to 95 percent
emission reduction is or will be applied to the vapor stream(s) vented
and collected from the treatment processes; or
(iii) A pollution prevention measure is or will be applied.
(4) The required documentation shall include the anticipated nominal
efficiency if the owner or operator plans to apply for a nominal
efficiency under Sec. 63.1332(i). A nominal efficiency shall be applied
for if:
(i) A control technology that achieves an emission reduction greater
than the emission reduction that would have been achieved by a steam
stripper designed to the specifications found in Sec. 63.138(g), is or
will be applied to the wastewater stream; or
(ii) A control technology achieving greater than 95 percent emission
reduction is or will be applied to the vapor stream(s) vented and
collected from the treatment processes.
(M) For each pollution prevention measure, treatment process, or
control device used to reduce air emissions of organic HAP from
wastewater and for which no monitoring parameters or inspection
procedures are specified in Sec. 63.143, the information specified in
paragraph (f) of this section, Alternative Monitoring Parameters, shall
be included in the Emissions Averaging Plan.
(N) The required information shall include documentation of the data
required by Sec. 63.1332(k). The documentation shall demonstrate that
the emissions from the emission points proposed to be included in the
average will not result in greater hazard or, at the option of the
Administrator, greater risk to human health or the environment than if
the emission points were not included in an emissions average.
(iii) Supplement to Emissions Averaging Plan. The owner or operator
required to prepare an Emissions Averaging Plan under paragraph (e)(4)
of this section shall also prepare a supplement to the Emissions
Averaging Plan for any additional alternative controls or operating
scenarios that may be used to achieve compliance.
(iv) Updates to Emissions Averaging Plan. The owner or operator of
an affected source required to submit an Emissions Averaging Plan under
paragraph (e)(4) of this section shall also submit written updates of
the Emissions Averaging Plan to the Administrator for approval under the
circumstances described in paragraphs (e)(4)(iv)(A) through
(e)(4)(iv)(C) of this section unless the relevant information has been
included and submitted in an operating permit application or amendment.
(A) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
(1) An Emissions Averaging Plan update shall be submitted whenever
an owner or operator elects to achieve compliance with the emissions
averaging provisions in Sec. 63.1332 by using a control technique other
than that specified in the Emissions Averaging Plan or plans to monitor
a different parameter or operate a control device in a manner other than
that specified in the Emissions Averaging Plan.
(2) An Emissions Averaging Plan update shall be submitted whenever
an emission point or a TPPU is added to an existing affected source and
is planned to be included in an emissions average, or whenever an
emission point not included in the emissions average described in the
Emissions Averaging
[[Page 383]]
Plan is to be added to an emissions average. The information in
paragraph (e)(4) of this section shall be updated to include the
additional emission point.
(B) The owner or operator who has made a change as defined in
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall
submit an Emissions Averaging Plan update within 90 days after the
information regarding the change is known to the affected source. The
update may be submitted in the next quarterly periodic report if the
change is made after the date the Notification of Compliance Status is
due.
(1) An Emissions Averaging Plan update shall be submitted whenever a
process change is made such that the group status of any emission point
in an emissions average changes.
(2) An Emissions Averaging Plan update shall be submitted whenever a
value of a parameter in the emission credit or debit equations in Sec.
63.1332 (g) or (h) changes such that it is below the minimum or above
the maximum established level specified in the Emissions Averaging Plan
and causes a decrease in the projected credits or an increase in the
projected debits.
(C) The Administrator shall approve or request changes to the
Emissions Averaging Plan update within 120 days of receipt of sufficient
information regarding the change for emission points included in
emissions averages.
(5) Notification of Compliance Status. For existing and new affected
sources, a Notification of Compliance Status shall be submitted. For
equipment leaks subject to Sec. 63.1331, the owner or operator shall
submit the information required in Sec. 63.182(c) in the Notification
of Compliance Status within 150 days after the first applicable
compliance date for equipment leaks in the affected source, and an
update shall be provided in the first Periodic Report that is due at
least 150 days after each subsequent applicable compliance date for
equipment leaks in the affected source. For all other emission points,
including heat exchange systems, the Notification of Compliance Status
shall contain the information listed in paragraphs (e)(5)(i) through
(e)(5)(xi) of this section, as applicable, and shall be submitted no
later than 150 days after the compliance dates specified in this
subpart. For pressure relief devices subject to the requirements of
Sec. 63.1331(a)(9)(iii), the owner or operator shall submit the
information listed in paragraph (e)(5)(xii) of this section in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for pressure relief device monitoring.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
any other information used to demonstrate compliance, values of
monitored parameters established during performance tests, and any other
information required to be included in the Notification of Compliance
Status under Sec. Sec. 63.1311(m), 63.122, and 63.1314 for storage
vessels, Sec. 63.117 for continuous process vents, Sec. 63.146 for
process wastewater, Sec. Sec. 63.1316 through 63.1320 for continuous
process vents subject to Sec. 63.1316, Sec. 63.1327 for batch process
vents, Sec. 63.1329 for process contact cooling towers, and Sec.
63.1332 for emission points included in an emissions average. In
addition, the owner or operator of an affected source shall comply with
paragraphs (e)(5)(i)(A) and (e)(5)(i)(B) of this section.
(A) For performance tests, group determinations, and process section
applicability determinations that are based on measurements, the
Notification of Compliance Status shall include one complete test
report, as described in paragraph (e)(5)(i)(B) of this section, for each
test method used for a particular kind of emission point. For additional
tests performed for the same kind of emission point using the same
method, the results and any other information, from the test report,
that is requested on a case-by-case basis by the Administrator shall be
submitted, but a complete test report is not required.
(B) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards, record of calibrations, raw
data sheets for field sampling, raw data
[[Page 384]]
sheets for field and laboratory analyses, documentation of calculations,
and any other information required by the test method.
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under Sec. 63.114(e) for continuous
process vents, Sec. 63.1324 for batch process vents and aggregate batch
vent streams, Sec. 63.143(f) for process wastewater, Sec. 63.1332(m)
for emission points in emissions averages, paragraph (e)(8) of this
section, or paragraph (f) of this section, the Notification of
Compliance Status shall contain the information specified in paragraphs
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this
information has been established and provided in the operating permit
application. Further, as described in Sec. 63.1314(a)(9), for those
storage vessels for which the monitoring plan required by Sec.
63.1314(a)(9) specifies compliance with the provisions of Sec. 63.1334,
the owner or operator shall provide the information specified in
paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each
monitored parameter, unless this information has been established and
provided in the operating permit application. For those storage vessels
for which the monitoring plan required by Sec. 63.1314(a)(9) does not
require compliance with the provisions of Sec. 63.1334, the owner or
operator shall provide the information specified in Sec. 63.120(d)(3)
as part of the Notification of Compliance Status, unless this
information has been established and provided in the operating permit
application.
(A) The required information shall include the specific maximum or
minimum level of the monitored parameter(s) for each emission point.
(B) The required information shall include the rationale for the
specific maximum or minimum level for each parameter for each emission
point, including any data and calculations used to develop the level and
a description of why the level indicates proper operation of the control
device.
(C) The required information shall include a definition of the
affected source's operating day, as specified in paragraph (d)(3)(ii) of
this section, for purposes of determining daily average values or batch
cycle daily average values of monitored parameters.
(D) For batch process vents, the required information shall include
a definition of each batch cycle that requires the control of one or
more batch emission episodes during the cycle, as specified in Sec.
63.1325(c)(2) and Sec. 63.1334(b)(3)(iii).
(iii) For emission points included in an emissions average, the
Notification of Compliance Status shall contain the values of all
parameters needed for input to the emission credit and debit equations
in Sec. 63.1332 (g) and (h), calculated or measured according to the
procedures in Sec. 63.1332 (g) and (h), and the resulting calculation
of credits and debits for the first quarter of the year. The first
quarter begins on the compliance date specified.
(iv) The determination of applicability for flexible operation units
as specified in Sec. 63.1310(f).
(v) The parameter monitoring levels for flexible operation units,
and the basis on which these levels were selected, or a demonstration
that these levels are appropriate at all times, as specified in Sec.
63.1310(f)(7).
(vi) The results for each predominant use determination made under
Sec. 63.1310(g), for storage vessels assigned to an affected source
subject to this subpart.
(vii) The results for each predominant use determination made under
Sec. 63.1310(h), for recovery operations equipment assigned to an
affected source subject to this subpart.
(viii) For owners or operators of Group 2 batch process vents
establishing a batch mass input limitation as specified in Sec.
63.1325(g), the affected source's operating year for purposes of
determining compliance with the batch mass input limitation.
(ix) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.1311, and if the provisions of Sec.
63.1311 allow the owner or operator to choose which testing, monitoring,
reporting, and recordkeeping provisions will be followed, then the
Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
[[Page 385]]
(x) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(xi) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Notification of
Compliance Status or as part of the appropriate Periodic Report as
specified in paragraph (e)(6)(ix) of this section.
(xii) For pressure relief devices in organic HAP service, a
description of the device or monitoring system to be implemented,
including the pressure relief devices and process parameters to be
monitored (if applicable), a description of the alarms or other methods
by which operators will be notified of a pressure release, and a
description of how the owner or operator will determine the information
to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section
(i.e., the duration of the pressure release and the methodology and
calculations for determining of the quantity of total HAP emitted during
the pressure release). For existing and new affected sources, the owner
or operator shall submit Periodic Reports as specified in paragraphs
(e)(6)(i) through (xiii) of this section. In addition, for equipment
leaks subject to Sec. 63.1331, with the exception of Sec. 63.1331(c),
the owner or operator shall submit the information specified in Sec.
63.182(d) under the conditions listed in Sec. 63.182(d), and for heat
exchange systems subject to Sec. 63.1328, the owner or operator shall
submit the information specified in Sec. 63.104(f)(2) as part of the
Periodic Report required by this paragraph (e)(6).
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (xiii) of this section. In addition, for
equipment leaks subject to Sec. 63.1331, with the exception of Sec.
63.1331(c), the owner or operator shall submit the information specified
in Sec. 63.182(d) under the conditions listed in Sec. 63.182(d), and
for heat exchange systems subject to Sec. 63.1328, the owner or
operator shall submit the information specified in Sec. 63.104(f)(2) as
part of the Periodic Report required by this paragraph (e)(6). Section
63.1334 shall govern the use of monitoring data to determine compliance
for Group 1 emissions points and for Group 1 and Group 2 emission points
included in emissions averages with the following exception: As
discussed in Sec. 63.1314(a)(9), for storage vessels to which the
provisions of Sec. 63.1334 do not apply, as specified in the monitoring
plan required by Sec. 63.120(d)(2), the owner or operator is required
to comply with the requirements set out in the monitoring plan, and
monitoring records may be used to determine compliance.
(i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of
this section, a report containing the information in paragraph
(e)(6)(ii) of this section or containing the information in paragraphs
(e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be
submitted semiannually no later than 60 days after the end of each 6-
month period. The first report shall be submitted no later than 240 days
after the date the Notification of Compliance Status is due and shall
cover the 6-month period beginning on the date the Notification of
Compliance Status is due.
(ii) If none of the compliance exceptions specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of
this section shall be a statement that there were no compliance
exceptions as described in this paragraph for the 6-month period covered
by that report and no activities specified in paragraphs (e)(6)(iii)
through (e)(6)(ix) of this section occurred during the 6-month period
covered by that report.
(iii) For an owner or operator of an affected source complying with
the provisions of Sec. Sec. 63.1314 through 63.1330 for any emission
point or process section, Periodic Reports shall include:
(A) All information specified in Sec. 63.122 for storage vessels;
Sec. Sec. 63.117 and
[[Page 386]]
63.118 and Sec. 63.1320 for continuous process vents, as applicable;
Sec. 63.1327 for batch process vents and aggregate batch vent streams;
Sec. 63.104 for heat exchange systems; and Sec. 63.146 for process
wastewater;
(B) The daily average values or batch cycle daily average values of
monitored parameters for unexcused excursions, as defined in Sec.
63.1334(f). For excursions caused by lack of monitoring data, the start-
time and duration of periods when monitoring data were not collected
shall be specified.
(C) [Reserved]
(D) The information in paragraphs (e)(6)(iii)(D)(1) through
(e)(6)(iii)(D)(4) of this section, as applicable:
(1) Any supplements to the Emissions Averaging Plan, as required in
paragraph (e)(4)(iii) of this section;
(2) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process change
if that process change caused the group status of an emission point to
change from Group 1 to Group 2. However, until the owner or operator
notifies the Administrator that the group status of an emission point
has changed from Group 1 to Group 2, the owner or operator is required
to continue to comply with the Group 1 requirements for that emission
point. This notification may be submitted at any time.
(3) Notification if one or more emission point(s) (other than
equipment leaks) or one or more TPPU is added to an affected source. The
owner or operator shall submit the information contained in paragraphs
(e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this section:
(i) A description of the addition to the affected source; and
(ii) Notification of the group status of the additional emission
point or all emission points in the TPPU.
(4) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
(E) The information in paragraph (b)(1)(ii) of this section for
reports of malfunctions.
(iv) For each batch process vent with a batch mass input limitation,
every second Periodic Report shall include the mass of HAP or material
input to the batch unit operation during the 12-month period covered by
the preceding and current Periodic Reports, and a statement of whether
the batch process vent was in or out of compliance with the batch mass
input limitation.
(v) If any performance tests are reported in a Periodic Report, the
following information shall be included:
(A) One complete test report shall be submitted for each test method
used for a particular kind of emission point tested. A complete test
report shall contain the information specified in paragraph (e)(5)(i)(B)
of this section.
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information,
pertaining to the performance test, that is requested on a case-by-case
basis by the Administrator shall be submitted, but a complete test
report is not required.
(vi) Notification of a change in the primary product of a TPPU, in
accordance with the provisions in Sec. 63.1310(f). This includes a
change in primary product from one thermoplastic product to either
another thermoplastic product or to a non-thermoplastic product.
(vii) The results for each change made to a predominant use
determination made under Sec. 63.1310(g) for a storage vessel that is
assigned to an affected source subject to this subpart after the change.
(viii) The Periodic Report shall include the results for each change
made to a predominant use determination made under Sec. 63.1310(h) for
recovery operations equipment assigned to an affected source subject to
this subpart after the change.
(ix) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Periodic Report or as
part of the Notification of Compliance Status as specified in paragraph
(e)(5)(xi) of this section.
(x) An owner or operator electing not to retain daily average or
batch cycle daily average values under paragraph
[[Page 387]]
(h)(2) of this section shall notify the Administrator as specified in
paragraph (h)(2)(i) of this section.
(xi) The owner or operator of an affected source shall submit
quarterly reports for all emission points included in an emissions
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C)
of this section.
(A) The quarterly reports shall be submitted no later than 60 days
after the end of each quarter. The first report shall be submitted with
the Notification of Compliance Status no later than 150 days after the
compliance date.
(B) The quarterly reports shall include the information specified in
paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section for
all emission points included in an emissions average.
(1) The credits and debits calculated each month during the quarter;
(2) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as required
under Sec. 63.1332(e)(4);
(3) The values of any inputs to the debit and credit equations in
Sec. 63.1332(g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter;
(4) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (e)(6)(v) of
this section;
(5) Reports of daily average (or batch cycle daily average) values
of monitored parameters for excursions as defined in Sec. 63.1334(f);
(6) For excursions caused by lack of monitoring data, the duration
of periods when monitoring data were not collected shall be specified;
and
(7) Any other information the affected source is required to report
under the operating permit or Emissions Averaging Plan for the affected
source.
(C) Every fourth quarterly report shall include the following:
(1) A demonstration that annual credits are greater than or equal to
annual debits as required by Sec. 63.1332(e)(3); and
(2) A certification of compliance with all the emissions averaging
provisions in Sec. 63.1332.
(xii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
not included in an emissions average as specified in paragraphs
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section that is not included in an emissions average if:
(1) A control or recovery device for a particular emission point or
process section has one or more excursions, as defined in Sec.
63.1334(f), in two consecutive semiannual reporting periods; or
(2) The Administrator requests that the owner or operator submit
quarterly reports for the emission point or process section.
(B) The quarterly reports shall include all information specified in
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable to
the emission point or process section for which quarterly reporting is
required under paragraph (e)(6)(xii)(A) of this section. Information
applicable to other emission points within the affected source shall be
submitted in the semiannual reports required under paragraph (e)(6)(i)
of this section.
(C) Quarterly reports shall be submitted no later than 60 days after
the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without one or more excursions occurring (during that
year), the owner or operator may return to semiannual reporting for the
emission point or process section.
(xiii) For pressure relief devices in organic HAP service, Periodic
Reports must include the information specified in paragraphs
(e)(6)(xiii)(A) through (C) of this section.
(A) For pressure relief devices in organic HAP service subject to
Sec. 63.1331(a)(9), report confirmation that all monitoring to show
compliance was conducted within the reporting period.
(B) For pressure relief devices in organic HAP gas or vapor service
subject
[[Page 388]]
to Sec. 63.1331(a)(9)(ii), report any instrument reading of 500 ppm
above background or greater, more than 5 calendar days after the
pressure release.
(C) For pressure relief devices in organic HAP service subject to
Sec. 63.1331(a)(9)(iii), report each pressure release to the
atmosphere, including the following information:
(1) The source, nature, and cause of the pressure release.
(2) The date, time, and duration of the pressure release.
(3) The quantity of total HAP emitted during the pressure release
and the method used for determining this quantity.
(4) The actions taken to prevent this pressure release.
(5) The measures adopted to prevent future such pressure releases.
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (e)(7)(iv) of this section.
(i) For storage vessels, the notifications of inspections required
by Sec. 63.1314 shall be submitted as specified in Sec. 63.122 (h)(1)
and (h)(2).
(ii) For owners or operators of affected sources required to request
approval for a nominal control efficiency for use in calculating credits
for an emissions average, the information specified in Sec. 63.1332(i)
shall be submitted as specified in paragraph (e)(7)(ii)(A) or (B) of
this section, as appropriate.
(A) If use of a nominal control efficiency is part of the initial
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this
section, the information shall be submitted with the Emissions Averaging
Plan.
(B) If an owner or operator elects to use a nominal control
efficiency after submittal of the initial Emissions Averaging Plan as
described in paragraph (e)(4)(ii) of this section, the information shall
be submitted at the discretion of the owner or operator.
(iii) When the conditions of Sec. Sec. 63.1310(f)(3)(iii),
63.1310(f)(9), or 63.1310(f)(10)(iii) are met, reports of changes to the
primary product for a TPPU or process unit as required by Sec. Sec.
63.1310(f)(3)(iii), 63.1310(f)(9), or 63.1310(f)(10)(iii)(C),
respectively, shall be submitted.
(iv) Owners or operators of TPPU or emission points (other than
equipment leak components subject to Sec. 63.1331) that are subject to
Sec. 63.1310(i)(1) or (i)(2) shall submit a report as specified in
paragraphs (e)(7)(iv)(A) and (B) of this section.
(A) Reports shall include:
(1) A description of the process change or addition, as appropriate;
(2) The planned start-up date and the appropriate compliance date,
according to Sec. 63.1310(i)(1) or (2); and
(3) Identification of the group status of emission points (except
equipment leak components subject to Sec. 63.1331) specified in
paragraphs (e)(7)(iv)(A)(3)(i) through (e)(7)(iv)(A)(3)(iii) of this
section, as applicable.
(i) All the emission points in the added TPPU as described in Sec.
63.1310(i)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.1310(i)(2)(i).
(iii) All the added or created emission points as described in Sec.
63.1310(i)(2)(ii) or (i)(2)(iii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, engineering assessment to estimate
emissions from a batch emissions episode, or wishes to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.1334(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(iv)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as
appropriate.
(1) Owners or operators of an added TPPU subject to Sec.
63.1310(i)(1) shall submit a report no later than 180 days prior to the
compliance date for the TPPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.1310(i)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners or operators of any emission point (other than equipment
leak
[[Page 389]]
components subject to Sec. 63.1331) subject to Sec. 63.1310(i)(2)(ii)
or (i)(2)(iii) shall submit a report no later than 180 days prior to the
compliance date for those emission points.
(8) Operating permit application. An owner or operator who submits
an operating permit application instead of an Emissions Averaging Plan
or a Precompliance Report shall include the following information with
the operating permit application:
(i) The information specified in paragraph (e)(4) of this section
for points included in an emissions average; and
(ii) The information specified in paragraph (e)(3) of this section,
Precompliance Report, as applicable.
(9) Electronic reporting. Within 60 days after the date of
completing each performance test (as defined in Sec. 63.2), the owner
or operator must submit the results of the performance tests, including
any associated fuel analyses, required by this subpart according to the
methods specified in paragraphs (e)(9)(i) or (ii) of this section.
(i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of the
performance test to the EPA by direct computer-to-computer electronic
transfer via EPA-provided software, unless otherwise approved by the
Administrator. Owners or operators, who claim that some of the
information being submitted for performance tests is confidential
business information (CBI), must submit a complete file using EPA-
provided software that includes 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
file with the CBI omitted must be submitted to the EPA by direct
computer-to-computer electronic transfer via EPA-provided software.
(ii) For any performance test conducted using test methods that are
not compatible with the EPA-provided software, the owner or operator
shall submit the results of the performance test to the Administrator at
the appropriate address listed in Sec. 60.4.
(f) Alternative monitoring parameters. The owner or operator who has
been directed by any section of this subpart or any section of another
subpart referenced by this subpart, that expressly referenced this
paragraph (f) to set unique monitoring parameters, or who requests
approval to monitor a different parameter than those specified in Sec.
63.1314 for storage vessels, Sec. 63.1315 or Sec. 63.1317, as
appropriate, for continuous process vents, Sec. 63.1321 for batch
process vents and aggregate batch vent streams, or Sec. 63.1330 for
process wastewater shall submit the information specified in paragraphs
(f)(1) through (f)(3) of this section in the Precompliance Report, as
required by paragraph (e)(3) of this section. The owner or operator
shall retain for a period of 5 years each record required by paragraphs
(f)(1) through (f)(3) of this section.
(1) The required information shall include a description of the
parameter(s) to be monitored to ensure the recovery device, control
device, or pollution prevention measure is operated in conformance with
its design and achieves the specified emission limit, percent reduction,
or nominal efficiency, and an explanation of the criteria used to select
the parameter(s).
(2) The required information shall include a description of the
methods and procedures that will be used to demonstrate that the
parameter indicates proper operation, the schedule for this
demonstration, and a statement that the owner or operator will establish
a level for the monitored parameter as part of the Notification of
Compliance Status report required in paragraph (e)(5) of this section,
unless this information has already been included in the operating
permit application.
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include the
frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (f)(3)(ii) of this section is met:
[[Page 390]]
(i) If monitoring and recordkeeping is not continuous; or
(ii) If reports of daily average values will not be included in
Periodic Reports when the monitored parameter value is above the maximum
level or below the minimum level as established in the operating permit
or the Notification of Compliance Status.
(g) Alternative continuous monitoring and recordkeeping. An owner or
operator choosing not to implement the provisions listed in Sec.
63.1315 or Sec. 63.1317, as appropriate, for continuous process vents,
Sec. 63.1321 for batch process vents and aggregate batch vent streams,
or Sec. 63.1330 for process wastewater, may instead request approval to
use alternative continuous monitoring and recordkeeping provisions
according to the procedures specified in paragraphs (g)(1) through
(g)(4) of this section. Requests shall be submitted in the Precompliance
Report as specified in paragraph (e)(3)(iv) of this section, if not
already included in the operating permit application, and shall contain
the information specified in paragraphs (g)(2)(ii) and (g)(3)(ii) of
this section, as applicable.
(1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review
and approval of requests.
(2) An owner or operator of an affected source that does not have an
automated monitoring and recording system capable of measuring parameter
values at least once every 15 minutes and that does not generate
continuous records may request approval to use a nonautomated system
with less frequent monitoring, in accordance with paragraphs (g)(2)(i)
and (g)(2)(ii) of this section.
(i) The requested system shall include manual reading and recording
of the value of the relevant operating parameter no less frequently than
once per hour. Daily average (or batch cycle daily average) values shall
be calculated from these hourly values and recorded.
(ii) The request shall contain:
(A) A description of the planned monitoring and recordkeeping
system;
(B) Documentation that the affected source does not have an
automated monitoring and recording system;
(C) Justification for requesting an alternative monitoring and
recordkeeping system; and
(D) Demonstration to the Administrator's satisfaction that the
proposed monitoring frequency is sufficient to represent control or
recovery device operating conditions, considering typical variability of
the specific process and control or recovery device operating parameter
being monitored.
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency, but records all values
that meet set criteria for variation from previously recorded values, in
accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
(i) The requested system shall be designed to:
(A) Measure the operating parameter value at least once during every
15 minute period;
(B) Except for the monitoring of batch process vents, calculate
hourly average values each hour during periods of operation;
(C) Record the date and time when monitors are turned off or on;
(D) Recognize unchanging data that may indicate the monitor is not
functioning properly, alert the operator, and record the incident;
(E) Calculate daily average (or batch cycle daily average) values of
the monitored operating parameter based on all measured data; and
(F) If the daily average is not an excursion, as defined in Sec.
63.1334(f), the data for that operating day may be converted to hourly
average values and the four or more individual records for each hour in
the operating day may be discarded.
(ii) The request shall contain:
(A) A description of the monitoring system and data compression
recording system, including the criteria used to determine which
monitored values are recorded and retained;
(B) The method for calculating daily averages and batch cycle daily
averages; and
(C) A demonstration that the system meets all criteria in paragraph
(g)(3)(i) of this section.
[[Page 391]]
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect to
any item of equipment, the owner or operator may implement the
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of
this section as alternatives to the continuous operating parameter
monitoring and recordkeeping provisions that would otherwise apply under
this subpart. The owner or operator shall retain for a period of 5 years
each record required by paragraph (h)(1) or (h)(2) of this section,
except as otherwise provided in paragraph (h)(1)(vi)(D) of this section.
(1) The owner or operator may retain only the daily average (or
batch cycle daily average) value, and is not required to retain more
frequent monitored operating parameter values, for a monitored parameter
with respect to an item of equipment, if the requirements of paragraphs
(h)(1)(i) through (h)(1)(vi) of this section are met. An owner or
operator electing to comply with the requirements of paragraph (h)(1) of
this section shall notify the Administrator in the Notification of
Compliance Status as specified in paragraph (e)(5)(xi) of this section
or, if the Notification of Compliance Status has already been submitted,
in the Periodic Report immediately preceding implementation of the
requirements of paragraph (h)(1) of this section as specified in
paragraph (e)(6)(ix) of this section.
(i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation (e.g., a temperature reading
of -200 [deg]C on a boiler), and will alert the operator by alarm or
other means. All instances of the alarm or other alert in an operating
day constitute a single occurrence.
(ii) The monitoring system generates, updated at least hourly
throughout each operating day, a running average of the monitoring
values that have been obtained during that operating day, and the
capability to observe this running average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an
operating day constitute a single occurrence.
(A) The running average is above the maximum or below the minimum
established limits; and
(B) The running average is based on at least six 1-hour average
values.
(iii) The monitoring system is capable of detecting unchanging data
during periods of operation, except in circumstances where the presence
of unchanging data is the expected operating condition based on past
experience (e.g., pH in some scrubbers), and will alert the operator by
alarm or other means. All instances of the alarm or other alert in an
operating day constitute a single occurrence.
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that is
being monitored.
(v) The owner or operator shall verify the proper functioning of the
monitoring system, including its ability to comply with the requirements
of paragraph (h)(1) of this section, at the times specified in
paragraphs (h)(1)(v)(A) through (h)(1)(v)(C). The owner or operator
shall document that the required verifications occurred.
(A) Upon initial installation.
(B) Annually after initial installation.
(C) After any change to the programming or equipment constituting
the monitoring system, which might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
(A) Identification of each parameter, for each item of equipment,
for which the owner or operator has elected to comply with the
requirements of paragraph (h) of this section.
(B) A description of the applicable monitoring system(s), and of how
compliance will be achieved with each requirement of paragraphs
(h)(1)(i)
[[Page 392]]
through (h)(1)(v) of this section. The description shall identify the
location and format (e.g., on-line storage, log entries) for each
required record. If the description changes, the owner or operator shall
retain both the current and the most recent superseded description, as
provided in paragraph (a) of this section, except as provided in
paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to impair its ability to comply
with the requirements of paragraph (h)(1) of this section.
(D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this
section shall retain the current description of the monitoring system as
long as the description is current. The current description shall, at
all times, be retained on-site or be accessible from a central location
by computer or other means that provides access within 2 hours after a
request. The owner or operator shall retain all superseded descriptions
for at least 5 years after the date of their creation. Superseded
descriptions shall be retained on-site (or accessible from a central
location by computer or other means that provides access within 2 hours
after a request) for at least 6 months after their creation. Thereafter,
superseded descriptions may be stored off-site.
(2) If an owner or operator has elected to implement the
requirements of paragraph (h)(1) of this section for a monitored
parameter with respect to an item of equipment and a period of 6
consecutive months has passed without an excursion as defined in
paragraph (h)(2)(iv) of this section, the owner or operator is no longer
required to record the daily average (or batch cycle daily average)
value for any operating day when the daily average (or batch cycle daily
average) value is less than the maximum or greater than the minimum
established limit. With approval by the Administrator, monitoring data
generated prior to the compliance date of this subpart shall be credited
toward the period of 6 consecutive months, if the parameter limit and
the monitoring accomplished during the period prior to the compliance
date was required and/or approved by the Administrator.
(i) If the owner or operator elects not to retain the daily average
(or batch cycle daily average) values, the owner or operator shall
notify the Administrator in the next Periodic Report as specified in
paragraph (e)(6)(x) of this section. The notification shall identify the
parameter and unit of equipment.
(ii) If, on any operating day after the owner or operator has ceased
recording daily average (or batch cycle daily average) values as
provided in paragraph (h)(2) of this section, there is an excursion as
defined in paragraph (h)(2)(iv) of this section, the owner or operator
shall immediately resume retaining the daily average (or batch cycle
daily average) value for each operating day and shall notify the
Administrator in the next Periodic Report. The owner or operator shall
continue to retain each daily average (or batch cycle daily average)
value until another period of 6 consecutive months has passed without an
excursion as defined in paragraph (h)(2)(iv) of this section.
(iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through (iii) of this section, for the duration
specified in this paragraph (h). For any calendar week, if compliance
with paragraphs (h)(1)(i) through (iv) of this section does not result
in retention of a record of at least one occurrence or measured
parameter value, the owner or operator shall record and retain at least
one parameter value during a period of operation.
(iv) For purposes of paragraph (h) of this section, an excursion
means that the daily average (or batch cycle daily average) value of
monitoring data for a parameter is greater than the maximum, or less
than the minimum established value.
[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11553, Mar. 9, 1999;
65 FR 38131, June 19, 2000; 66 FR 36939, July 16, 2001; 71 FR 20460,
Apr. 20, 2006; 79 FR 17368, Mar. 27, 2014]
Sec. 63.1336 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 393]]
authority to a State, local, or Tribal agency, then that agency, in
addition to the U.S. EPA, has the authority to implement and enforce
this subpart. Contact the applicable U.S. EPA Regional Office to find
out if this subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1310 through 63.1311, 63.1313 through 63.1315(a)(1) through (9), (11)
through (18), (b) through (e), 63.1316, 63.1321 through 63.1322,
63.1323(a), (b)(1) through (4), (b)(5)(iv) through (v), (b)(6) through
(7), (c) through (j), and 63.1328 through 63.1332. Where these standards
reference another subpart, the cited provisions will be delegated
according to the delegation provisions of the referenced subpart. Where
these standards reference another subpart and modify the requirements,
the requirements shall be modified as described in this subpart.
Delegation of the modified requirements will also occur according to the
delegation provisions of the referenced subpart.
(2) Approval of major alternatives to test methods for under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in
this subpart.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
[68 FR 37357, June 23, 2003]
Sec. Table 1 to Subpart JJJ of Part 63--Applicability of general
provisions to subpart JJJ affected sources
----------------------------------------------------------------------------------------------------------------
Reference Applies to Subpart JJJ Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1).......................... Yes...................... Sec. 63.1312 specifies definitions in
addition to or that supersede
definitions in Sec. 63.2.
Sec. 63.1(a)(2).......................... Yes......................
Sec. 63.1(a)(3).......................... Yes...................... Sec. 63.1311(g) through (l) and Sec.
63.160(b) identify those standards
which may apply in addition to the
requirements of subparts JJJ and H of
this part, and specify how compliance
shall be achieved.
Sec. 63.1(a)(4).......................... Yes...................... Subpart JJJ (this table) specifies the
applicability of each paragraph in
subpart A to subpart JJJ.
Sec. 63.1(a)(5).......................... No....................... [Reserved.].
Sec. 63.1(a)(6).......................... Yes......................
Sec. 63.1(a)(7)-(9)...................... No....................... [Reserved.].
Sec. 63.1(a)(10)......................... Yes......................
Sec. 63.1(a)(11)......................... Yes......................
Sec. 63.1(a)(12)-(14).................... Yes......................
Sec. 63.1(b)(1).......................... No....................... Sec. 63.1310(a) contains specific
applicability criteria.
Sec. 63.1(b)(2).......................... Yes......................
Sec. 63.1(b)(3).......................... No....................... Sec. 63.1310(b) provides documentation
requirements for TPPUs not considered
affected sources.
Sec. 63.1(c)(1).......................... Yes...................... Subpart JJJ (this table) specifies the
applicability of each paragraph in
subpart A to subpart JJJ.
Sec. 63.1(c)(2).......................... No....................... Area sources are not subject to subpart
JJJ.
Sec. 63.1(c)(3).......................... No....................... [Reserved.].
Sec. 63.1(c)(4).......................... No....................... [Reserved.].
Sec. 63.1(c)(5).......................... Yes...................... Except that affected sources are not
required to submit notifications that
are not required by subpart JJJ.
Sec. 63.1(d)............................. No....................... [Reserved.].
Sec. 63.1(e)............................. Yes......................
Sec. 63.2................................ Yes...................... Sec. 63.1312 specifies those subpart A
definitions that apply to subpart JJJ.
Sec. 63.3................................ Yes......................
Sec. 63.4(a)(1)-(3)...................... Yes......................
Sec. 63.4(a)(4).......................... No....................... [Reserved.].
[[Page 394]]
Sec. 63.4(a)(5).......................... Yes......................
Sec. 63.4(b)............................. Yes......................
Sec. 63.4(c)............................. Yes......................
Sec. 63.5(a)(1).......................... Yes...................... Except the terms ``source'' and
``stationary source'' should be
interpreted as having the same meaning
as ``affected source.''
Sec. 63.5(a)(2).......................... Yes......................
Sec. 63.5(b)(1).......................... Yes...................... Except Sec. 63.1310(i) defines when
construction or reconstruction is
subject to new source standards.
Sec. 63.5(b)(2).......................... No....................... [Reserved.].
Sec. 63.5(b)(3).......................... Yes......................
Sec. 63.5(b)(4).......................... Yes...................... Except that the Initial Notification and
Sec. 63.9(b) requirements do not
apply.
Sec. 63.5(b)(5).......................... Yes......................
Sec. 63.5(b)(6).......................... Yes...................... Except that Sec. 63.1310(i) defines
when construction or reconstruction is
subject to new source standards.
Sec. 63.5(c)............................. No....................... [Reserved.]
Sec. 63.5(d)(1)(i)....................... Yes...................... Except that the references to the
Initial Notification and Sec.
63.9(b)(5) do not apply.
Sec. 63.5(d)(1)(ii)...................... Yes...................... Except that Sec. 63.5(d)(1)(ii)(H)
does not apply.
Sec. 63.5(d)(1)(iii)..................... No....................... Sec. Sec. 63.1335(e)(5) and
63.1331(a)(4) specify Notification of
Compliance Status requirements.
Sec. 63.5(d)(2).......................... No.......................
Sec. 63.5(d)(3).......................... Yes...................... Except Sec. 63.5(d)(3)(ii) does not
apply, and equipment leaks subject to
Sec. 63.1331 are exempt.
Sec. 63.5(d)(4).......................... Yes......................
Sec. 63.5(e)............................. Yes......................
Sec. 63.5(f)(1).......................... Yes......................
Sec. 63.5(f)(2).......................... Yes...................... Except that where Sec. 63.9(b)(2) is
referred to, the owner or operator need
not comply.
Sec. 63.6(a)............................. Yes......................
Sec. 63.6(b)(1).......................... No....................... The dates specified in Sec. 63.1311(b)
apply, instead.
Sec. 63.6(b)(2).......................... No.......................
Sec. 63.6(b)(3).......................... No.......................
Sec. 63.6(b)(4).......................... No.......................
Sec. 63.6(b)(5).......................... No.......................
Sec. 63.6(b)(6).......................... No....................... [Reserved]
Sec. 63.6(b)(7).......................... No.......................
Sec. 63.6(c)(1).......................... Yes...................... Except that Sec. 63.1311 specifies the
compliance date.
Sec. 63.6(c)(2).......................... No.......................
Sec. 63.6(c)(3).......................... No....................... [Reserved]
Sec. 63.6(c)(4).......................... No....................... [Reserved]
Sec. 63.6(c)(5).......................... Yes......................
Sec. 63.6(d)............................. No....................... [Reserved]
Sec. 63.6(e)............................. Yes...................... Except as otherwise specified for
individual paragraphs.
Sec. 63.6(e)(1)(i)....................... No....................... See Sec. 63.1310(j)(4) for general
duty requirement.
Sec. 63.6(e)(1)(ii)...................... No.......................
Sec. 63.6(e)(1)(iii)..................... Yes......................
Sec. 63.6(e)(2).......................... Yes......................
Sec. 63.6(e)(3).......................... No.......................
Sec. 63.6(f)(1).......................... No.......................
Sec. 63.6(f)(2).......................... Yes...................... Except Sec. 63.7(c), as referred to in
Sec. 63.6(f)(2)(iii)(D), does not
apply, and except that Sec.
63.6(f)(2)(ii) does not apply to
equipment leaks subject to Sec.
63.1331.
Sec. 63.6(f)(3).......................... Yes......................
Sec. 63.6(g)............................. Yes......................
Sec. 63.6(h)............................. No....................... Subpart JJJ does not require opacity and
visible emission standards.
Sec. 63.6(i)(1).......................... Yes......................
Sec. 63.6(i)(2).......................... Yes......................
Sec. 63.6(i)(3).......................... Yes......................
Sec. 63.6(i)(4)(i)(A).................... Yes......................
Sec. 63.6(i)(4)(i)(B).................... No....................... Dates are specified in Sec. 63.1311(e)
and Sec. 63.1335(e)(3)(i).
Sec. 63.6(i)(4)(ii)...................... No.......................
Sec. 63.6(i)(5)-(14)..................... Yes......................
Sec. 63.6(i)(15)......................... No....................... [Reserved.].
Sec. 63.6(i)(16)......................... Yes......................
Sec. 63.6(j)............................. Yes......................
Sec. 63.7(a)(1).......................... Yes......................
Sec. 63.7(a)(2).......................... No....................... Sec. 63.1335(e)(5) specifies the
submittal dates of performance test
results for all emission points except
equipment leaks; for equipment leaks,
compliance demonstration results are
reported in the Periodic Reports.
Sec. 63.7(a)(3).......................... Yes......................
[[Page 395]]
Sec. 63.7(b)............................. No....................... Sec. 63.1333(a)(4) specifies
notification requirements.
Sec. 63.7(c)............................. No.......................
Sec. 63.7(d)............................. Yes......................
Sec. 63.7(e)(1).......................... No....................... See Sec. 63.1333(a).
Sec. 63.7(e)(2).......................... Yes......................
Sec. 63.7(e)(3).......................... No....................... Subpart JJJ specifies requirements.
Sec. 63.7(e)(4).......................... Yes......................
Sec. 63.7(f)............................. Yes...................... Except that Sec. 63.144(b)(5)(iii)(A)
and (B) shall apply for process
wastewater. Also, because a site
specific test plan is not required, the
notification deadline in Sec.
63.7(f)(2)(i) shall be 60 days prior to
the performance test, and in Sec.
63.7(f)(3), approval or disapproval of
the alternative test method shall not
be tied to the site specific test plan.
Sec. 63.7(g)............................. Yes...................... Except that the requirements in Sec.
63.1335(e)(5) shall apply instead of
references to the Notification of
Compliance Status report in Sec.
63.9(h). In addition, equipment leaks
subject to Sec. 63.1331 are not
required to conduct performance tests.
Sec. 63.7(h)............................. Yes...................... Except Sec. 63.7(h)(4)(ii) is not
applicable, because the site-specific
test plans in Sec. 63.7(c)(2) are not
required.
Sec. 63.8(a)(1).......................... Yes......................
Sec. 63.8(a)(2).......................... No.......................
Sec. 63.8(a)(3).......................... No....................... [Reserved]
Sec. 63.8(a)(4).......................... Yes......................
Sec. 63.8(b)(1).......................... Yes......................
Sec. 63.8(b)(2).......................... No....................... Subpart JJJ specifies locations to
conduct monitoring.
Sec. 63.8(b)(3).......................... Yes......................
Sec. 63.8(c)(1).......................... Yes......................
Sec. 63.8(c)(1)(i)....................... No.......................
Sec. 63.8(c)(1)(ii)...................... No.......................
Sec. 63.8(c)(1)(iii)..................... No.......................
Sec. 63.8(c)(2).......................... Yes......................
Sec. 63.8(c)(3).......................... Yes......................
Sec. 63.8(c)(4).......................... No....................... Sec. 63.1334 specifies monitoring
frequency; not applicable to equipment
leaks because Sec. 63.1331 does not
require continuous monitoring systems.
Sec. 63.8(c)(5)-(8)...................... No.
Sec. 63.8(d)............................. No.
Sec. 63.8(e)............................. No.
Sec. 63.8(f)(1)-(3)...................... Yes.
Sec. 63.8(f)(4)(i)....................... No....................... Timeframe for submitting request is
specified in Sec. 63.1335(f) or (g);
not applicable to equipment leaks
because Sec. 63.1331 (through
reference to subpart H) specifies
acceptable alternative methods.
Sec. 63.8(f)(4)(ii)...................... No....................... Contents of requests are specified in
Sec. 63.1335(f) or (g).
Sec. 63.8(f)(4)(iii)..................... No.
Sec. 63.8(f)(5)(i)....................... Yes.
Sec. 63.8(f)(5)(ii)...................... No.
Sec. 63.8(f)(5)(iii)..................... Yes.
Sec. 63.8(f)(6).......................... No....................... Subpart JJJ does not require continuous
emission monitors.
Sec. 63.8(g)............................. No....................... Data reduction procedures specified in
Sec. 63.1335(d) and (h); not
applicable to equipment leaks.
Sec. 63.9(a)............................. Yes.
Sec. 63.9(b)............................. No....................... Subpart JJJ does not require an initial
notification.
Sec. 63.9(c)............................. Yes.
Sec. 63.9(d)............................. Yes.
Sec. 63.9(e)............................. No....................... Sec. 63.1333(a)(4) specifies
notification deadline.
Sec. 63.9(f)............................. No....................... Subpart JJJ does not require opacity and
visible emission standards.
Sec. 63.9(g)............................. No.
Sec. 63.9(h)............................. No....................... Sec. 63.1335(e)(5) specifies
Notification of Compliance Status
requirements.
Sec. 63.9(i)............................. Yes.
Sec. 63.9(j)............................. No.
Sec. 63.10(a)............................ Yes.
Sec. 63.10(b)(1)......................... No....................... Sec. 63.1335(a) specifies record
retention requirements.
Sec. 63.10(b)(2)......................... No....................... Subpart JJJ specifies recordkeeping
requirements.
Sec. 63.10(b)(3)......................... No....................... Sec. 63.1310(b) requires documentation
of sources that are not affected
sources.
Sec. 63.10(c)............................ No....................... Sec. 63.1335 specifies recordkeeping
requirements.
Sec. 63.10(d)(1)......................... Yes.
Sec. 63.10(d)(2)......................... No....................... Sec. 63.1335(e) specifies performance
test reporting requirements; not
applicable to equipment leaks.
Sec. 63.10(d)(3)......................... No....................... Subpart JJJ does not require opacity and
visible emission standards.
[[Page 396]]
Sec. 63.10(d)(4)......................... Yes.
Sec. 63.10(d)(5)......................... No....................... See Sec. 63.1335(b)(1)(ii) for
malfunction reporting requirements.
Sec. 63.10(e)............................ No....................... Sec. 63.1335 specifies reporting
requirements.
Sec. 63.10(f)............................ Yes.
Sec. 63.11............................... Yes...................... Sec. 63.11(b) specifies requirements
for flares used to comply with
provisions of this subpart. Sec.
63.1333(e) contains the requirements to
conduct compliance demonstrations for
flares subject to this subpart. Sec.
63.11(c), (d), and (e) specifies
requirements for an alternative work
practice for equipment leaks.
Sec. 63.12............................... Yes...................... Except that the authority of Sec.
63.1332(i) and the authority of Sec.
63.177 (for equipment leaks) shall not
be delegated to States.
Sec. Sec. 63.13-63.15................... Yes.
----------------------------------------------------------------------------------------------------------------
[66 FR 36939, July 16, 2001, as amended at 71 FR 20460, Apr. 20, 2006;
73 FR 78214, Dec. 22, 2008; 79 FR 17371, Mar. 27, 2014]
Sec. Table 2 to Subpart JJJ of Part 63--Group 1 Storage Vessels at
Existing Affected Sources
------------------------------------------------------------------------
Vapor pressure
Vessel capacity (cubic meters) \a\
(kilopascals)
------------------------------------------------------------------------
75<=capacity 151........................................ =13
.1
151<=capacity........................................... =5.
2
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
temperature.
[65 FR 38142, June 19, 2000]
Sec. Table 3 to Subpart JJJ of Part 63--Group 1 Storage Vessels at
Existing Affected Sources Producing the Listed Thermoplastics
----------------------------------------------------------------------------------------------------------------
Vapor pressure
Thermoplastic Chemical \a\ Vessel capacity (cubic meters) \b\
(kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN \c\...................... styrene/acrylonitrile =3.78.............. =0.
mixture. 47
acrylonitrile.............. =75.7.............. =1.
62
Polystyrene, continuous processes.. all chemicals.............. <75.7......................... =14
.2
=75.7..............
=1.
9
Nitrile\c\......................... acrylonitrile.............. =13.25............. =1.
8
----------------------------------------------------------------------------------------------------------------
\a\ Vessel capacity and vapor pressure criteria are specific to the listed chemical or to ``all chemicals,'' as
indicated.
\b\ Maximum true vapor pressure of total organic HAP at storage temperature.
\c\ The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in
this table (i.e., Table 3).
[64 FR 11553, Mar. 9, 1999]
Sec. Table 4 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New
Affected Sources
------------------------------------------------------------------------
Vapor pressure
Vessel capacity (cubic meters) \a\
(kilopascals)
------------------------------------------------------------------------
38 <=capacity <151...................................... =13
.1
151 <=capacity.......................................... =0.
7
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
temperature.
Sec. Table 5 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New
Affected Sources Producing the Listed Thermoplastics
----------------------------------------------------------------------------------------------------------------
Vessel capacity (cubic Vapor pressure \b\
Thermoplastic Chemical \a\ meters) (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN \c\.................... Styrene/ =3.78........... =0.47
acrylonitrile
mixture.
Acrylonitrile...... =75.7........... =1.62
SAN, continuous \d\.............. All chemicals...... =2,271.......... =0.5 and <0.7
[[Page 397]]
<151....................... =10
=151............ =0.7
Nitrile \c\...................... Acrylonitrile...... =13.25.......... =1.8
Polystyrene, continuous processes All chemicals...... =19.6 and <45.4. =7.48
=45.4 and <109.8 =0.61
=109.8.......... =0.53
ABS, continuous mass............. Styrene............ =45.43.......... =0.078
All other chemicals =38 and <45.43.. =13.1
=45.43.......... =0.53
----------------------------------------------------------------------------------------------------------------
\a\ Vessel capacity and vapor pressure criteria are specific to the listed chemical, to ``all chemicals,'' or to
``all other chemicals,'' as indicated.
\b\ Maximum true vapor pressure of total organic HAP at storage temperature.
\c\ The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in
this table (i.e., Table 5).
\d\ The control level for the first two sets of applicability criteria are specified in 63.1314 as 90% and 98%,
respectively. The control level for the third set of applicability criteria is the HON control level of 95%.
[64 FR 11553, Mar. 9, 1999]
Sec. Table 6 to Subpart JJJ of Part 63--Known Organic HAP Emitted From
the Production of Thermoplastic Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organic HAP/chemical name (CAS No.)
-------------------------------------------------------------------------------------------------------
Methyl
Thermoplastic product/Subcategory Acet- Acrylo- 1,3 Buta- 1,4-Dioxane Ethylene Methanol metha- Styrene
aldehyde nitrile diene (106- (123-91-1) Glycol (107- (67-56-1) crylate (80- (100-42-5)
(75-07-0) (107-13-1) 99-0) 21-1) 62-6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex....................................... ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
ABS using a batch emulsion process.............. ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
ABS using a batch suspension process............ ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
ABS using a continuous emulsion process......... ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
ABS using a continuous mass process............. ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
ASA/AMSAN....................................... ........... [bcheck] ........... ........... ........... ........... ........... [bcheck]
EPS............................................. ........... ........... ........... ........... ........... ........... ........... [bcheck]
MABS............................................ ........... [bcheck] [bcheck] ........... ........... ........... ........... [bcheck]
MBS............................................. ........... ........... [bcheck] ........... ........... ........... [bcheck] [bcheck]
Nitrile resin................................... ........... [bcheck]
PET using a batch dimethyl terephthalate process [bcheck] ........... ........... [bcheck] [bcheck] [bcheck]
PET using a batch terephthalic acid process..... [bcheck] ........... ........... [bcheck] [bcheck]
PET using a continuous dimethyl terephthalate [bcheck] ........... ........... [bcheck] [bcheck] [bcheck]
process........................................
PET using a continuous terephthalic acid process [bcheck] ........... ........... [bcheck] [bcheck]
PET using a continuous terephthalic acid high [bcheck] ........... ........... [bcheck] [bcheck]
viscosity multiple end finisher process........
Polystyrene resin using a batch process......... ........... ........... ........... ........... ........... ........... ........... [bcheck]
Polystyrene resin using a continuous process.... ........... ........... ........... ........... ........... ........... ........... [bcheck]
[[Page 398]]
SAN using a batch process....................... ........... [bcheck] ........... ........... ........... ........... ........... [bcheck]
SAN using a continuous process.................. ........... [bcheck] ........... ........... ........... ........... ........... [bcheck]
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
ABS = Acrylonitrile butadiene styrene resin.
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.
EPS = expandable polystyrene resin.
MABS = methyl methacrylate acrylonitrile butadiene styrene resin.
PET = poly(ethylene terephthalate) resin.
SAN = styrene acrylonitrile resin.
MBS = methyl methacrylate butadiene styrene resin.
[66 FR 36942, July 16, 2001]
Sec. Table 7 to Subpart JJJ of Part 63--Group 1 Batch Process Vents and
Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and Reporting
Requirements
------------------------------------------------------------------------
Recordkeeping and
reporting
Control device Parameters to be requirements for
monitored monitored
parameters
------------------------------------------------------------------------
Thermal incinerator............. Firebox 1. Continuous
temperature \a\. records as
specified in Sec.
63.1326(e)(1).
\b\
2. Record and
report the
average firebox
temperature
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average firebox
temperature as
specified in Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average
temperatures that
are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
Catalytic incinerator........... Temperature 1. Continuous
upstream and records as
downstream of the specified in Sec.
catalyst bed. 63.1326(e)(1).
\b\
2. Record and
report the
average upstream
and bed
downstream
temperatures and
the average
temperature
difference across
the catalyst bed
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average upstream
temperature and
temperature
difference across
catalyst bed as
specified in Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average upstream
temperatures that
are below the
minimum upstream
value established
in the NCS or
operating permit--
PR. \d e\
5. Report all
batch cycle daily
average
temperature
differences
across the
catalyst bed that
are below the
minimum
difference
established in
the NCS or
operating permit--
PR. \d e\
6. Report all
instances when
monitoring data
are not
collected. \e\
Boiler or Process Heater with a Firebox 1. Continuous
design heat input capacity less temperature \a\. records as
than 44 megawatts and where the specified in Sec.
batch process vents or 63.1326(e)(1).
aggregate batch vent streams \b\
are not introduced with or used 2. Record and
as the primary fuel. report the
average firebox
temperature
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average firebox
temperature as
specified in Sec.
63.1326(e)(2).
\d\
4. Report all
batch cycle daily
average
temperatures that
are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
[[Page 399]]
Flare........................... Presence of a 1. Hourly records
flame at the of whether the
pilot light. monitor was
continuously
operating during
batch emission
episodes, or
portions thereof,
selected for
control and
whether a flame
was continuously
present at the
pilot light
during said
periods.
2. Record and
report the
presence of a
flame at the
pilot light over
the full period
of the compliance
determination--NC
S. \c\
3. Record the
times and
durations of all
periods during
batch emission
episodes, or
portions thereof,
selected for
control when all
flames at the
pilot light of a
flare are absent
or the monitor is
not operating.
4. Report the
times and
durations of all
periods during
batch emission
episodes, or
portions thereof,
selected for
control when all
flames at the
pilot light of a
flare are absent--
PR. \d\
Scrubber for halogenated batch a. pH of scrubber 1. Continuous
process vents or aggregate effluent, and. records as
batch vent strreams (Note: specified in Sec.
Controlled by a combustion 63.1326(e)(1).
device other than a flare). \b\
2. Record and
report the
average pH of the
scrubber effluent
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average pH of the
scrubber effluent
as specified in
Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average pH values
of the scrubber
effluent that are
below the minimum
operating value
established in
the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
b. Scrubber liquid 1. Records as
and gas flow specified in Sec.
rates. 63.1326(e)(1).
\b\
2. Record and
report the
scrubber liquid/
gas ratio
averaged over the
full period of
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average scrubber
liquid/gas ratio
as specified in
Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average scrubber
liquid/gas ratios
that are below
the minimum value
established in
the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
Absorber \f\.................... a. Exit 1. Continuous
temperature of records as
the absorbing specified in Sec.
liquid, and. 63.1326(e)(1).
\b\
2. Record and
report the
average exit
temperature of
the absorbing
liquid measured
during the
performance test--
NCS. \c\
3. Record the
batch cycle daily
average exit
temperature of
the absorbing
liquid as
specified in Sec.
63.1326(e)(2)
for each batch
cycle.
4. Report all the
batch cycle daily
average exit
temperatures of
the absorbing
liquid that are
above the maximum
operating value
established in
the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
b. Exit specific 1. Continuous
gravity for the records as
absorbing liquid. specified in Sec.
63.1326(e)(1).
\b\
2. Record and
report the
average exit
specific gravity
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average exit
specific gravity
as specified in
Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average exit
specific gravity
values that are
above the maximum
operating value
established in
the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
Condenser \f\................... Exit (product 1. Continuous
side) temperature. records as
specified in Sec.
63.1326(e)(1).
\b\
2. Record and
report the
average exit
temperature
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average exit
temperature as
specified in Sec.
63.1326(e)(2).
[[Page 400]]
4. Report all
batch cycle daily
average exit
temperatures that
are above the
maximum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
Carbon Adsorber \f\............. a. Total 1. Record the
regeneration total
steam flow or regeneration
nitrogen flow, or steam flow or
pressure (gauge nitrogen flow, or
or absolute) pressure for each
during carbon bed carbon bed
regeneration regeneration
cycle(s), and. cycle.
2. Record and
report the total
regeneration
steam flow or
nitrogen flow, or
pressure during
carbon bed
regeneration
cycle measured
during the
performance test--
NCS. \c\
3. Report all
carbon bed
regeneration
cycles when the
total
regeneration
steam flow or
nitrogen flow, or
pressure is above
the maximum value
established in
the NCS or
operating permit--
PR. \d e\
b. Temperature of 1. Record the
the carbon bed temperature of
after the carbon bed
regeneration and after each
within 15 minutes regeneration and
of completing any within 15 minutes
cooling cycle(s). of completing any
cooling cycle(s).
2. Record and
report the
temperature of
the carbon bed
after each
regeneration and
within 15 minutes
of completing any
cooling cycle(s)
measured during
the performance
test--NCS. \c\
3. Report all
carbon bed
regeneration
cycles when the
temperature of
the carbon bed
after
regeneration, or
within 15 minutes
of completing any
cooling cycle(s),
is above the
maximum value
established in
the NCS or
operating permit--
PR. \d e\
All control devices............. a. Diversion to 1. Hourly records
the atmosphere of whether the
from the control flow indicator
device or. was operating
during batch
emission
episodes, or
portions thereof,
selected for
control and
whether a
diversion was
detected at any
time during said
periods as
specified in Sec.
63.1326(e)(3).
2. Record and
report the times
of all periods
during batch
emission
episodes, or
portions thereof,
selected for
control when
emissions are
diverted through
a bypass line or
the flow
indicator is not
operating--PR.
\d\
b. Monthly 1. Records that
inspection of monthly
sealed valves.. inspections were
performed as
specified in Sec.
63.1326(e)(4)(i).
2. Record and
report all
monthly
inspections that
show the valves
are in the
diverting
position or that
a seal has been
broken--PR. \d\
Absorber, condenser, and carbon Concentration 1. Continuous
Adsorber (as an alternative to level or reading records as
the requirements previously indicated by an specified in Sec.
presented in this table). organic 63.1326(e)(1).
monitoring device \b\
at the outlet of 2. Record and
the control report the
device. average batch
vent
concentration
level or reading
measured during
the performance
test--NCS. \c\
3. Record the
batch cycle daily
average
concentration
level or reading
as specified Sec.
63.1326(e)(2).
4. Report all
batch cycle daily
average
concentration
levels or
readings that are
above the maximum
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR. \d
e\
------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the ductwork
immediately downstream of the firebox before any substantial heat
exchange is encountered.
\b\ ``Continuous records'' is defined in Sec. 63.111.
\c\ NCS = Notification of Compliance Status described in Sec.
63.1335(e)(5).
\d\ PR = Periodic Reports described in Sec. 63.1335(e)(6).
\e\ The periodic reports shall include the duration of periods when
monitoring data are not collected as specified in Sec.
63.1335(e)(6)(iii)(C).
\f\ Alternatively, these devices may comply with the organic monitoring
device provisions listed at the end of this table.
[66 FR 36939, July 16, 2001]
[[Page 401]]
Sec. Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which
Levels Are Required To Be Established for Continuous and Batch Process
Vents and Aggregate Batch Vent Streams
----------------------------------------------------------------------------------------------------------------
Established operating
Device Parameters to be monitored parameter(s)
----------------------------------------------------------------------------------------------------------------
Thermal incinerator..................... Firebox temperature.................. Minimum temperature.
Catalytic incinerator................... Temperature upstream and downstream Minimum upstream temperature;
of the catalyst bed. and minimum temperature
difference across the catalyst
bed.
Boiler or process heater................ Firebox temperature.................. Minimum temperature.
Scrubber for halogenated vents.......... pH of scrubber effluent; and scrubber Minimum pH; and minimum liquid/
liquid and gas flow rates [Sec. gas ratio.
63.1324(b)(4)(ii)].
Absorber................................ Exit temperature of the absorbing Maximum temperature; and
liquid; and exit specific gravity of maximum specific gravity.
the absorbing liquid.
Condenser............................... Exit temperature..................... Maximum temperature.
Carbon adsorber......................... Total regeneration steam flow or Maximum flow or pressure; and
nitrogen flow, or pressure (gauge or maximum temperature.
absolute) \a\ during carbon bed
regeneration cycle; and temperature
of the carbon bed after regeneration
(and within 15 minutes of completing
any cooling cycle(s)).
Other devices (or as an alternate to the HAP concentration level or reading at Maximum HAP concentration or
requirements previously presented in outlet of device. reading.
this table) \b\.
----------------------------------------------------------------------------------------------------------------
\a\ 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
\b\ Concentration is measured instead of an operating parameter.
[65 FR 38145, June 19, 2000]
Sec. Table 9 to Subpart JJJ of Part 63--Routine Reports Required by This
Subpart
------------------------------------------------------------------------
Description of
Reference report Due date
------------------------------------------------------------------------
Sec. 63.1335(b) and Refer to Table 1 and Refer to subpart A.
subpart A. subpart A.
Sec. 63.1335(e)(3)........ Precompliance Report Existing affected
\a\. sources--December
19, 2000. New
affected sources--
with application
for approval of
construction or
reconstruction.
Sec. 63.1335(e)(4)........ Emissions Averaging September 19, 2000.
Plan.
Sec. 63.1335(e)(4)(iv).... Updates to Emissions 120 days prior to
Averaging Plan. making the change
necessitating the
update.
Sec. 63.1335(e)(5)........ Notification of Within 150 days
Compliance Status after the
\b\. compliance date.
Sec. 63.1335(e)(6)........ Periodic Reports.... Semiannually, no
later than 60 days
after the end of
each 6-month
period. See Sec.
63.1335(e)(6)(i)
for the due date
for the first
report.
Sec. 63.1335(e)(6)(xi).... Quarterly reports No later than 60
for Emissions days after the end
Averaging. of each quarter.
First report is due
with the
Notification of
Compliance Status.
Sec. 63.1335(e)(6)(xii)... Quarterly reports No later than 60
upon request of the days after the end
Administrator. of each quarter.
Sec. 63.1335(e)(7)(i)..... Storage Vessels At least 30 days
Notification of prior to the
Inspection. refilling of each
storage vessel or
the inspection of
each storage
vessel.
Sec. 63.1335(e)(7)(ii).... Requests for Initial submittal is
Approval of a due with the
Nominal Control Emissions Averaging
Efficiency for Use Plan specified in
in Emissions Sec.
Averaging. 63.1335(e)(4)(ii);
later submittals
are made at the
discretion of the
owner or operator
as specified in
Sec.
63.1335(e)(7)(ii)
(B).
Sec. 63.1335(e)(7)(iii)... Notification of 1. For notification
Change in the under Sec.
Primary Product. 63.1310(f)(3)(ii)--
notification
submittal date at
the discretion of
the owner or
operator.\c\
2. For notification
under Sec.
63.1310(f)(4)(ii)--
within 6 months of
making the
determination.
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
for equipment subject to Sec. 63.1331 and one for other emission
points subject to this subpart.
\b\ There will be two versions of this report due at different times;
one for equipment subject to Sec. 63.1331 and one for other emission
points subject to this subpart.
[[Page 402]]
\c\ Note that the TPPU remains subject to this subpart until the
notification under Sec. 63.1310(f)(3)(i) is made.
[66 FR 36939, July 16, 2001]
Subpart KKK [Reserved]
Subpart LLL_National Emission Standards for Hazardous Air Pollutants
From the Portland Cement Manufacturing Industry
Source: 64 FR 31925, June 14, 1999, unless otherwise noted.
General
Sec. 63.1340 What parts of my plant does this subpart cover?
(a) The provisions of this subpart apply to each new and existing
portland cement plant which is a major source or an area source as
defined in Sec. 63.2.
(b) The affected sources subject to this subpart are:
(1) Each kiln including alkali bypasses and inline coal mills,
except for kilns that burn hazardous waste and are subject to and
regulated under subpart EEE of this part;
(2) Each clinker cooler at any portland cement plant;
(3) Each raw mill at any portland cement plant;
(4) Each finish mill at any portland cement plant;
(5) Each raw material dryer at any portland cement plant;
(6) Each raw material, clinker, or finished product storage bin at
any portland cement plant that is a major source;
(7) Each conveying system transfer point including those associated
with coal preparation used to convey coal from the mill to the kiln at
any portland cement plant that is a major source;
(8) Each bagging and bulk loading and unloading system at any
portland cement plant that is a major source; and
(9) Each open clinker storage pile at any portland cement plant.
(c) Onsite sources that are subject to standards for nonmetallic
mineral processing plants in subpart OOO, part 60 of this chapter are
not subject to this subpart. Crushers are not covered by this subpart
regardless of their location.
(d) If you are subject to any of the provisions of this subpart you
are also subject to title V permitting requirements.
[75 FR 55051, Sept. 9, 2010, as amended at 78 FR 10036, Feb. 12, 2013]
Sec. 63.1341 Definitions.
All terms used in this subpart that are not defined in this section
have the meaning given to them in the CAA and in subpart A of this part.
Alkali bypass means a duct between the feed end of the kiln and the
preheater tower through which a portion of the kiln exit gas stream is
withdrawn and quickly cooled by air or water to avoid excessive buildup
of alkali, chloride and/or sulfur on the raw feed. This may also be
referred to as the ``kiln exhaust gas bypass''.
Bagging system means the equipment which fills bags with portland
cement.
Bin means a manmade enclosure for storage of raw materials, clinker,
or finished product prior to further processing at a portland cement
plant.
Clinker means the product of the process in which limestone and
other materials are heated in the kiln and is then ground with gypsum
and other materials to form cement.
Clinker cooler means equipment into which clinker product leaving
the kiln is placed to be cooled by air supplied by a forced draft or
natural draft supply system.
Continuous monitor means a device which continuously samples the
regulated parameter specified in Sec. 63.1350 of this subpart without
interruption, evaluates the detector response at least once every 15
seconds, and computes and records the average value at least every 60
seconds, except during allowable periods of calibration and except as
defined otherwise by the continuous emission monitoring system
performance specifications in appendix B to part 60 of this chapter.
[[Page 403]]
Conveying system means a device for transporting materials from one
piece of equipment or location to another location within a facility.
Conveying systems include but are not limited to the following: feeders,
belt conveyors, bucket elevators and pneumatic systems.
Conveying system transfer point means a point where any material
including but not limited to feed material, fuel, clinker or product, is
transferred to or from a conveying system, or between separate parts of
a conveying system.
Crusher means a machine designed to reduce large rocks from the
quarry into materials approximately the size of gravel.
Dioxins and furans (D/F) means tetra-, penta-, hexa-, hepta-, and
octa-chlorinated dibenzo dioxins and furans.
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.
Feed means the prepared and mixed materials, which include but are
not limited to materials such as limestone, clay, shale, sand, iron ore,
mill scale, cement kiln dust and flyash, that are fed to the kiln. Feed
does not include the fuels used in the kiln to produce heat to form the
clinker product.
Finish mill means a roll crusher, ball and tube mill or other size
reduction equipment used to grind clinker to a fine powder. Gypsum and
other materials may be added to and blended with clinker in a finish
mill. The finish mill also includes the air separator associated with
the finish mill.
Greenfield kiln, in-line kiln/raw mill, or raw material dryer means
a kiln, in-line kiln/raw mill, or raw material dryer for which
construction is commenced at a plant site (where no kilns and no in-line
kiln/raw mills were in operation at any time prior to March 24, 1998)
after March 24, 1998.
Hazardous waste is defined in Sec. 261.3 of this chapter.
In-line coal mill means a coal mill using kiln exhaust gases in
their process. A coal mill with a heat source other than the kiln or a
coal mill using exhaust gases from the clinker cooler is not an in-line
coal mill.
In-line kiln/raw mill means a system in a portland cement production
process where a dry kiln system is integrated with the raw mill so that
all or a portion of the kiln exhaust gases are used to perform the
drying operation of the raw mill, with no auxiliary heat source used. In
this system the kiln is capable of operating without the raw mill
operating, but the raw mill cannot operate without the kiln gases, and
consequently, the raw mill does not generate a separate exhaust gas
stream.
Kiln means a device, including any associated preheater or
precalciner devices, inline raw mills, inline coal mills or alkali
bypasses that produces clinker by heating limestone and other materials
for subsequent production of portland cement. Because the inline raw
mill and inline coal mill are considered an integral part of the kiln,
for purposes of determining the appropriate emissions limit, the term
kiln also applies to the exhaust of the inline raw mill and the inline
coal mill.
Kiln exhaust gas bypass means alkali bypass.
Monovent means an exhaust configuration of a building or emission
control device (e. g. positive pressure fabric filter) that extends the
length of the structure and has a width very small in relation to its
length (i. e., length to width ratio is typically greater than 5:1). The
exhaust may be an open vent with or without a roof, louvered vents, or a
combination of such features.
New brownfield kiln, in-line kiln raw mill, or raw material dryer
means a kiln, in-line kiln/raw mill or raw material dryer for which
construction is commenced at a plant site (where kilns and/or in-line
kiln/raw mills were in operation prior to March 24, 1998) after March
24, 1998.
New source means any source that commenced construction or
reconstruction after May 6, 2009, for purposes of determining the
applicability of the kiln, clinker cooler and raw material dryer
emissions limits for mercury, PM, THC, and HCl.
One-minute average means the average of thermocouple or other sensor
responses calculated at least every 60 seconds from responses obtained
at
[[Page 404]]
least once during each consecutive 15 second period.
Open clinker storage pile means a clinker storage pile on the ground
for more than three days that is not completely enclosed in a building
or structure.
Operating day means any 24-hour period beginning at 12:00 midnight
during which the kiln produces any amount of clinker. For calculating
the 30-day rolling average emissions, kiln operating days do not include
the hours of operation during startup or shutdown.
Portland cement plant means any facility manufacturing portland
cement.
Raw material dryer means an impact dryer, drum dryer, paddle-
equipped rapid dryer, air separator, or other equipment used to reduce
the moisture content of feed or other materials.
Raw mill means a ball and tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
Rolling average means the weighted average of all data, meeting QA/
QC requirements or otherwise normalized, collected during the applicable
averaging period. The period of a rolling average stipulates the
frequency of data averaging and reporting. To demonstrate compliance
with an operating parameter a 30-day rolling average period requires
calculation of a new average value each operating day and shall include
the average of all the hourly averages of the specific operating
parameter. For demonstration of compliance with an emissions limit based
on pollutant concentration a 30-day rolling average is comprised of the
average of all the hourly average concentrations over the previous 30
operating days. For demonstration of compliance with an emissions limit
based on lbs-pollutant per production unit the 30-day rolling average is
calculated by summing the hourly mass emissions over the previous 30
operating days, then dividing that sum by the total production during
the same period.
Run average means the average of the recorded parameter values for a
run.
Shutdown means the cessation of kiln operation. Shutdown begins when
feed to the kiln is halted and ends when continuous kiln rotation
ceases.
Sorbent means activated carbon, lime, or any other type of material
injected into kiln exhaust for the purposes of capturing and removing
any hazardous air pollutant.
Startup means the time from when a shutdown kiln first begins firing
fuel until it begins producing clinker. Startup begins when a shutdown
kiln turns on the induced draft fan and begins firing fuel in the main
burner. Startup ends when feed is being continuously introduced into the
kiln for at least 120 minutes or when the feed rate exceeds 60 percent
of the kiln design limitation rate, whichever occurs first.
TEQ means the international method of expressing toxicity
equivalents for dioxins and furans as defined in U.S. EPA, Interim
Procedures for Estimating Risks Associated with Exposures to Mixtures of
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and
1989 Update, March 1989. The 1989 Toxic Equivalency Factors (TEFs) used
to determine the dioxin and furan TEQs are listed in Table 2 to subpart
LLL of Part 63.
Total organic HAP means, for the purposes of this subpart, the sum
of the concentrations of compounds of formaldehyde, benzene, toluene,
styrene, m-xylene, p-xylene, o-xylene, acetaldehyde, and naphthalene as
measured by EPA Test Method 320 or Method 18 of appendix A to this part
or ASTM D6348-03 \1\ or a combination of these
[[Page 405]]
methods, as appropriate. If measurement results for any pollutant are
reported as below the method detection level (e.g., laboratory
analytical results for one or more sample components are below the
method defined analytical detection level), you must use the method
detection level as the measured emissions level for that pollutant in
calculating the total organic HAP value. The measured result for a
multiple component analysis (e.g., analytical values for multiple Method
18 fractions) may include a combination of method detection level data
and analytical data reported above the method detection level. The owner
or operator of an affected source may request the use of other test
methods to make this determination under paragraphs 63.7(e)(2)(ii) and
(f) of this part.
---------------------------------------------------------------------------
\1\ When using ASTM D6348-03, the following conditions must be met:
(1) The test plan preparation and implementation in the Annexes to
ASTM D6348-03, Sections A1 through A8 are mandatory; (2) For ASTM D6348-
03 Annex A5 (Analyte Spiking Technique), the percent R must be
determined for each target analyte (see Equation A5.5); (3) For the ASTM
D6348-03 test data to be acceptable for a target analyte percent R must
be 70 percent =R <=130 percent; and (4) The percent R value
for each compound must be reported in the test report and all field
measurements corrected with the calculated percent R value for that
compound using the following equation: Reported Result = The measured
concentration in the stack divided by the calculated percent R value and
then the whole term multiplied by 100.
---------------------------------------------------------------------------
Totally enclosed conveying system transfer point means a conveying
system transfer point that is enclosed on all sides, top, and bottom.
[64 FR 31925, June 14, 1999, as amended at 67 FR 16619, Apr. 5, 2002; 75
FR 55051, Sept. 9, 2010; 78 FR 10037, Feb. 12, 2013; 80 FR 44778, July
27, 2015; 83 FR 35132, July 25, 2018]
Emission Standards and Operating Limits
Sec. 63.1342 Standards: General.
Table 1 to this subpart provides cross references to the 40 CFR part
63, subpart A, general provisions, indicating the applicability of the
general provisions requirements to subpart LLL.
[71 FR 76549, Dec. 20, 2006]
Sec. 63.1343 What standards apply to my kilns, clinker coolers,
raw material dryers, and open clinker storage piles?
(a) General. The provisions in this section apply to each kiln and
any alkali bypass associated with that kiln, clinker cooler, raw
material dryer, and open clinker storage pile. All D/F, HCl, and total
hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and
THC limits for kilns are corrected to 7 percent oxygen. All THC
emissions limits are measured as propane. Standards for mercury and THC
are based on a rolling 30-day average. If using a CEMS to determine
compliance with the HCl standard, this standard is based on a rolling
30-day average. You must ensure appropriate corrections for moisture are
made when measuring flow rates used to calculate mercury emissions. The
30-day period means all operating hours within 30 consecutive kiln
operating days excluding periods of startup and shutdown. All emissions
limits for kilns, clinker coolers, and raw material dryers currently in
effect that are superseded by the limits below continue to apply until
the compliance date of the limits below, or until the source certifies
compliance with the limits below, whichever is earlier.
(b) Kilns, clinker coolers, raw material dryers, raw mills, and
finish mills. (1) The emissions limits for these sources are shown in
Table 1.
Table 1--Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills
--------------------------------------------------------------------------------------------------------------------------------------------------------
And the operating mode And if is located at Your emissions limits And the units of the The oxygen correction
If your source is a (an): is: a: are: emissions limit are: factor is:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Existing kiln................... Normal operation...... Major or area source.. PM \1\ 0.07.......... lb/ton clinker....... NA.
D/F \2\ 0.2.......... ng/dscm (TEQ)........ 7 percent.
Mercury 55........... lb/MM tons clinker... NA.
THC \3 4\ 24......... ppmvd................ 7 percent.
2. Existing kiln................... Normal operation...... Major source.......... HCl 3................ ppmvd................ 7 percent.
3. Existing kiln................... Startup and shutdown.. Major or area source.. Work practices NA................... NA.
(63.1346(g)).
4. New kiln........................ Normal operation...... Major or area source.. PM \1\ 0.02.......... lb/ton clinker....... NA.
D/F \2\ 0.2.......... ng/dscm (TEQ)........ 7 percent.
[[Page 406]]
Mercury 21........... lb/MM tons clinker... NA.
THC \3 4\ 24......... ppmvd................ 7 percent.
5. New kiln........................ Normal operation...... Major source.......... HCl 3................ ppmvd................ 7 percent.
6. New kiln........................ Startup and shutdown.. Major or area source.. Work practices NA................... NA.
(63.1346(g)).
7. Existing clinker cooler......... Normal operation...... Major or area source.. PM 0.07.............. lb/ton clinker....... NA.
8. Existing clinker cooler......... Startup and shutdown.. Major or area source.. Work practices NA................... NA.
(63.1348(b)(9)).
9. New clinker cooler.............. Normal operation...... Major or area source.. PM 0.02.............. lb/ton clinker....... NA.
10. New clinker cooler............. Startup and shutdown.. Major or area source.. Work practices NA................... NA.
(63.1348(b)(9)).
11. Existing or new raw material Normal operation...... Major or area source.. THC \3 4\ 24......... ppmvd................ NA.
dryer.
12. Existing or new raw material Startup and shutdown.. Major or area source.. Work practices NA................... NA.
dryer. (63.1348(b)(9)).
13. Existing or new raw or finish All operating modes... Major source.......... Opacity 10........... percent.............. NA.
mill.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial and subsequent PM performance tests are performed using Method 5 or 5I and consist of three test runs.
\2\ If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test
is 400 [deg]F or less, this limit is changed to 0.40 ng/dscm (TEQ).
\3\ Measured as propane.
\4\ Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.
(2) When there is an alkali bypass and/or an inline coal mill with a
separate stack associated with a kiln, the combined PM emissions from
the kiln and the alkali bypass stack and/or the inline coal mill stack
are subject to the PM emissions limit. Existing kilns that combine the
clinker cooler exhaust and/or alkali bypass and/or coal mill exhaust
with the kiln exhaust and send the combined exhaust to the PM control
device as a single stream may meet an alternative PM emissions limit.
This limit is calculated using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR27JY15.011
Where:
PMalt = Alternative PM emission limit for commingled sources.
0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070 lb
per ton clinker where clinker cooler and kiln exhaust gas are
not combined.
1.65 = The conversion factor of ton feed per ton clinker.
Qk = The exhaust flow of the kiln (dscf/ton feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for grains (gr) per lb.
For new kilns that combine kiln exhaust, clinker cooler gas and/or
coal mill and alkali bypass exhaust, the limit is calculated using
Equation 2 of this section:
[[Page 407]]
[GRAPHIC] [TIFF OMITTED] TR27JY15.012
Where:
PMalt = Alternative PM emission limit for commingled sources.
0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020 lb
per ton clinker where clinker cooler and kiln exhaust gas are
not combined.
1.65 = The conversion factor of ton feed per ton clinker.
Qk = The exhaust flow of the kiln (dscf/ton feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for gr per lb.
(c) Open clinker storage pile. The owner or operator of an open
clinker storage pile must prepare, and operate in accordance with, the
fugitive dust emissions control measures, described in their operation
and maintenance plan (see Sec. 63.1347 of this subpart), that is
appropriate for the site conditions as specified in paragraphs (c)(1)
through (3) of this section. The operation and maintenance plan must
also describe the measures that will be used to minimize fugitive dust
emissions from piles of clinker, such as accidental spillage, that are
not part of open clinker storage piles.
(1) The operation and maintenance plan must identify and describe
the location of each current or future open clinker storage pile and the
fugitive dust emissions control measures the owner or operator will use
to minimize fugitive dust emissions from each open clinker storage pile.
(2) For open clinker storage piles, the operations and maintenance
plan must specify that one or more of the following control measures
will be used to minimize to the greatest extent practicable fugitive
dust from open clinker storage piles: Locating the source inside a
partial enclosure, installing and operating a water spray or fogging
system, applying appropriate chemical dust suppression agents, use of a
wind barrier, compaction, use of tarpaulin or other equally effective
cover or use of a vegetative cover. You must select, for inclusion in
the operations and maintenance plan, the fugitive dust control measure
or measures listed in this paragraph that are most appropriate for site
conditions. The plan must also explain how the measure or measures
selected are applicable and appropriate for site conditions. In
addition, the plan must be revised as needed to reflect any changing
conditions at the source.
(3) Temporary piles of clinker that result from accidental spillage
or clinker storage cleaning operations must be cleaned up within 3 days.
[78 FR 10037, Feb. 12, 2013, as amended at 80 FR 44779, July 27, 2015;
83 FR 35132, July 25, 2018]
Sec. 63.1344 [Reserved]
Sec. 63.1345 Emissions limits for affected sources other than kilns;
clinker coolers; new and reconstructed raw material dryers.
The owner or operator of each new or existing raw material, clinker,
or finished product storage bin; conveying system transfer point;
bagging system; bulk loading or unloading system; raw and finish mills;
and each existing raw material dryer, at a facility which is a major
source subject to the provisions of this subpart must not cause to be
discharged any gases from these affected sources which exhibit opacity
in excess of 10 percent.
[78 FR 10039, Feb. 12, 2013]
Sec. 63.1346 Operating limits for kilns.
(a) The owner or operator of a kiln subject to a D/F emissions
limitation under Sec. 63.1343 must operate the kiln such that the
temperature of the gas at the inlet to the kiln PM control device (PMCD)
and alkali bypass PMCD, if applicable, does not exceed the applicable
temperature limit specified in paragraph (b) of this section. The owner
or operator of an in-line kiln/raw mill subject to a D/F emissions
limitation under Sec. 63.1343 must operate the in-line kiln/raw mill,
such that:
[[Page 408]]
(1) When the raw mill of the in-line kiln/raw mill is operating, the
applicable temperature limit for the main in-line kiln/raw mill exhaust,
specified in paragraph (b) of this section and established during the
performance test when the raw mill was operating, is not exceeded,
except during periods of startup and shutdown when the temperature limit
may be exceeded by no more than 10 percent.
(2) When the raw mill of the in-line kiln/raw mill is not operating,
the applicable temperature limit for the main in-line kiln/raw mill
exhaust, specified in paragraph (b) of this section and established
during the performance test when the raw mill was not operating, is not
exceeded, except during periods of startup/shutdown when the temperature
limit may be exceeded by no more than 10 percent.
(3) If the in-line kiln/raw mill is equipped with an alkali bypass,
the applicable temperature limit for the alkali bypass specified in
paragraph (b) of this section and established during the performance
test, with or without the raw mill operating, is not exceeded, except
during periods of startup/shutdown when the temperature limit may be
exceeded by no more than 10 percent.
(b) The temperature limit for affected sources meeting the limits of
paragraph (a) of this section or paragraphs (a)(1) through (a)(3) of
this section is determined in accordance with Sec. 63.1349(b)(3)(iv).
(c) For an affected source subject to a D/F emissions limitation
under Sec. 63.1343 that employs sorbent injection as an emission
control technique for D/F control, you must operate the sorbent
injection system in accordance with paragraphs (c)(1) and (2) of this
section.
(1) The rolling three-hour average activated sorbent injection rate
must be equal to or greater than the sorbent injection rate determined
in accordance with Sec. 63.1349(b)(3)(vi).
(2) You must either:
(i) Maintain the minimum activated carbon injection carrier gas flow
rate, as a rolling three-hour average, based on the manufacturer's
specifications. These specifications must be documented in the test plan
developed in accordance with Sec. 63.7(c), or
(ii) Maintain the minimum activated carbon injection carrier gas
pressure drop, as a rolling three-hour average, based on the
manufacturer's specifications. These specifications must be documented
in the test plan developed in accordance with Sec. 63.7(c).
(d) Except as provided in paragraph (e) of this section, for an
affected source subject to a D/F emissions limitation under Sec.
63.1343 that employs carbon injection as an emission control technique
you must specify and use the brand and type of sorbent used during the
performance test until a subsequent performance test is conducted,
unless the site-specific performance test plan contains documentation of
key parameters that affect adsorption and the owner or operator
establishes limits based on those parameters, and the limits on these
parameters are maintained.
(e) For an affected source subject to a D/F emissions limitation
under Sec. 63.1343 that employs carbon injection as an emission control
technique you may substitute, at any time, a different brand or type of
sorbent provided that the replacement has equivalent or improved
properties compared to the sorbent specified in the site-specific
performance test plan and used in the performance test. The owner or
operator must maintain documentation that the substitute sorbent will
provide the same or better level of control as the original sorbent.
(f) No kiln may use as a raw material or fuel any fly ash where the
mercury content of the fly ash has been increased through the use of
activated carbon, or any other sorbent, unless the facility can
demonstrate that the use of that fly ash will not result in an increase
in mercury emissions over baseline emissions (i.e., emissions not using
the fly ash). The facility has the burden of proving there has been no
emissions increase over baseline. Once the kiln is in compliance with a
mercury emissions limit specified in Sec. 63.1343, this paragraph no
longer applies.
[[Page 409]]
(g) During periods of startup and shutdown you must meet the
requirements listed in (g)(1) through (4) of this section.
(1) During startup you must use any one or combination of the
following clean fuels: natural gas, synthetic natural gas, propane,
distillate oil, synthesis gas (syngas), and ultra-low sulfur diesel
(ULSD) until the kiln reaches a temperature of 1200 degrees Fahrenheit.
(2) Combustion of the primary kiln fuel may commence once the kiln
temperature reaches 1200 degrees Fahrenheit.
(3) All dry sorbent and activated carbon systems that control
hazardous air pollutants must be turned on and operating at the time the
gas stream at the inlet to the baghouse or ESP reaches 300 degrees
Fahrenheit (five minute average) during startup. Temperature of the gas
stream is to be measured at the inlet of the baghouse or ESP every
minute. Such injection systems can be turned off during shutdown.
Particulate control and all remaining devices that control hazardous air
pollutants should be operational during startup and shutdown.
(4) You must keep records as specified in Sec. 63.1355 during
periods of startup and shutdown.
[75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10039, Feb. 12, 2013;
80 FR 44781, July 27, 2015]
Sec. 63.1347 Operation and maintenance plan requirements.
(a) You must prepare, for each affected source subject to the
provisions of this subpart, a written operations and maintenance plan.
The plan must be submitted to the Administrator for review and approval
as part of the application for a part 70 permit and must include the
following information:
(1) Procedures for proper operation and maintenance of the affected
source and air pollution control devices in order to meet the emissions
limits and operating limits, including fugitive dust control measures
for open clinker piles of Sec. Sec. 63.1343, 63.1345, and 63.1346. Your
operations and maintenance plan must address periods of startup and
shutdown.
(2) Corrective actions to be taken when required by paragraph Sec.
63.1350(f)(3);
(3) Procedures to be used during an inspection of the components of
the combustion system of each kiln and each in-line kiln raw mill
located at the facility at least once per year.
(b) Failure to comply with any provision of the operations and
maintenance plan developed in accordance with this section is a
violation of the standard.
[75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013;
80 FR 44781, July 27, 2015]
Sec. 63.1348 Compliance requirements.
(a) Initial Performance Test Requirements. For an affected source
subject to this subpart, you must demonstrate compliance with the
emissions standards and operating limits by using the test methods and
procedures in Sec. Sec. 63.1349 and 63.7. Any affected source that was
unable to demonstrate compliance before the compliance date due to being
idled, or that had demonstrated compliance but was idled during the
normal window for the next compliance test, must demonstrate compliance
within 180 days after coming out of the idle period. Any cement kiln
that has been subject to the requirements of subpart CCCC or subpart
DDDD of 40 CFR part 60, and is now electing to cease burning
nonhazardous solid waste and become subject to this subpart, must meet
all the initial compliance testing requirements each time it becomes
subject to this subpart, even if it was previously subject to this
subpart.
Note to paragraph (a): The first day of the 30 operating day
performance test is the first day after the compliance date following
completion of the field testing and data collection that demonstrates
that the CPMS or CEMS has satisfied the relevant CPMS performance
evaluation or CEMS performance specification (e.g., PS 2, 12A, or 12B)
acceptance criteria. The performance test period is complete at the end
of the 30th consecutive operating day. See Sec. 63.1341 for definition
of operating day and Sec. 63.1348(b)(1) for the CEMS operating
requirements. The source has the option of performing the compliance
test earlier then the compliance date if desired.
(1) PM Compliance. If you are subject to limitations on PM emissions
under
[[Page 410]]
Sec. 63.1343(b), you must demonstrate compliance with the PM emissions
standards by using the test methods and procedures in Sec.
63.1349(b)(1).
(2) Opacity Compliance. If you are subject to the limitations on
opacity under Sec. 63.1345, you must demonstrate compliance with the
opacity emissions standards by using the performance test methods and
procedures in Sec. 63.1349(b)(2). Use the maximum 6-minute average
opacity exhibited during the performance test period to determine
whether the affected source is in compliance with the standard.
(3) D/F compliance. (i) If you are subject to limitations on D/F
emissions under Sec. 63.1343(b), you must demonstrate initial
compliance with the D/F emissions standards by using the performance
test methods and procedures in Sec. 63.1349(b)(3). The owner or
operator of a kiln with an in-line raw mill must demonstrate initial
compliance by conducting separate performance tests while the raw mill
is operating and the raw mill is not operating. Determine the D/F TEQ
concentration for each run and calculate the arithmetic average of the
TEQ concentrations measured for the three runs to determine continuous
compliance.entrations measured for the three runs to determine
continuous compliance.
(ii) If you are subject to a D/F emissions limitation under Sec.
63.1343(b), you must demonstrate compliance with the temperature
operating limits specified in Sec. 63.1346 by using the performance
test methods and procedures in Sec. 63.1349(b)(3)(ii) through
(b)(3)(iv). Use the arithmetic average of the temperatures measured
during the three runs to determine the applicable temperature limit.
(iii) If activated carbon injection is used and you are subject to a
D/F emissions limitation under Sec. 63.1343(b), you must demonstrate
compliance with the activated carbon injection rate operating limits
specified in Sec. 63.1346 by using the performance test methods and
procedures in Sec. 63.1349(b)(3)(v).
(iv) If activated carbon injection is used, you must also develop a
carrier gas parameter (either the carrier gas flow rate or the carrier
gas pressure drop) during the initial performance test and updated
during any subsequent performance test conducted under Sec.
63.1349(b)(3) that meets the requirements of Sec. 63.1349(b)(3)(vi).
Compliance is demonstrated if the system is maintained within 5 percent accuracy during the performance test
determined in accordance with the procedures and criteria submitted for
review in your monitoring plan required in Sec. 63.1350(p).
(4)(i) THC Compliance. If you are subject to limitations on THC
emissions under Sec. 63.1343(b), you must demonstrate compliance with
the THC emissions standards by using the performance test methods and
procedures in Sec. 63.1349(b)(4)(i). You must use the average THC
concentration obtained during the first 30 kiln operating days after the
compliance date of this rule to determine initial compliance.
(ii) Total Organic HAP Emissions Tests. If you elect to demonstrate
compliance with the total organic HAP emissions limit under Sec.
63.1343(b) in lieu of the THC emissions limit, you must demonstrate
compliance with the total organic HAP emissions standards by using the
performance test methods and procedures in Sec. 63.1349(b)(7).
(iii) If you are demonstrating initial compliance, you must conduct
the separate performance tests as specified in Sec. 63.1349(b)(7) while
the raw mill of the inline kiln/raw mill is operating and while the raw
mill of the inline kiln/raw mill is not operating.
(iv) The time weighted average total organic HAP concentration
measured during the separate initial performance test specified by Sec.
63.1349(b)(7) must be used to determine initial compliance.
(v) The time weighted average THC concentration measured during the
initial performance test specified by Sec. 63.1349(b)(4) must be used
to determine the site-specific THC limit. Using the fraction of time the
inline kiln/raw mill is on and the fraction of time that the inline
kiln/raw mill is off, calculate this limit as a time weighted average of
the THC levels measured during raw mill on and raw mill off testing
using one of the two approaches in Sec. 63.1349(b)(7)(vii) or (viii)
depending on the level of organic HAP measured during the compliance
test.
(5) Mercury Compliance. If you are subject to limitations on mercury
[[Page 411]]
emissions in Sec. 63.1343(b), you must demonstrate compliance with the
mercury standards by using the performance test methods and procedures
in Sec. 63.1349(b)(5). You must demonstrate compliance by operating a
mercury CEMS or a sorbent trap based CEMS. Compliance with the mercury
emissions standard must be determined based on the first 30 operating
days you operate a mercury CEMS or sorbent trap monitoring system after
the compliance date of this rule.
(i) In calculating a 30 operating day emissions value using an
integrating sorbent trap CEMS, assign the average Hg emissions
concentration determined for an integrating period (e.g., 7 day sorbent
trap monitoring system sample) to each relevant hour of the kiln
operating days spanned by each integrated sample. Calculate the 30 kiln
operating day emissions rate value using the assigned hourly Hg
emissions concentrations and the respective flow and production rate
values collected during the 30 kiln operating day performance test
period. Depending on the duration of each integrated sampling period,
you may not be able to calculate the 30 kiln operating day emissions
value until several days after the end of the 30 kiln operating day
performance test period.
(ii) For example, a sorbent trap monitoring system producing an
integrated 7-day sample will provide Hg concentration data for each hour
of the first 28 kiln operating days (i.e., four values spanning 7 days
each) of a 30 operating day period. The Hg concentration values for the
hours of the last 2 days of the 30 operating day period will not be
available for calculating the emissions for the performance test period
until at least five days after the end of the subject period.
(6) HCl Compliance. If you are subject to limitations on HCl
emissions under Sec. 63.1343(b), you must demonstrate initial
compliance with the HCl standards by using the performance test methods
and procedures in Sec. 63.1349(b)(6).
(i) For an affected source that is equipped with a wet scrubber,
tray tower or dry scrubber, you may demonstrate initial compliance by
conducting a performance test as specified in Sec. 63.1349(b)(6)(i).
You must determine the HCl concentration for each run and calculate the
arithmetic average of the concentrations measured for the three runs to
determine compliance. You must also establish appropriate site-specific
operational parameter limits.
(ii) For an affected source that is not equipped with a wet
scrubber, tray tower or dry scrubber, you must demonstrate initial
compliance by operating a CEMS as specified in Sec. 63.1349(b)(6)(ii).
You must use the average of the hourly HCl values obtained during the
first 30 kiln operating days that occur after the compliance date of
this rule to determine initial compliance.
(7) Commingled Exhaust Requirements. If the coal mill exhaust is
commingled with kiln exhaust in a single stack, you may demonstrate
compliance with the kiln emission limits by either:
(i) Performing required emissions monitoring and testing on the
commingled coal mill and kiln exhaust, or
(ii) Perform required emission monitoring and testing of the kiln
exhaust prior to the reintroduction of the coal mill exhaust, and also
testing the kiln exhaust diverted to the coal mill. All emissions must
be added together for all emission points, and must not exceed the limit
per each pollutant as listed in Sec. 63.1343(b).
(b) Continuous Monitoring Requirements. You must demonstrate
compliance with the emissions standards and operating limits by using
the performance test methods and procedures in Sec. Sec. 63.1350 and
63.8 for each affected source.
(1) General Requirements. (i) You must monitor and collect data
according to Sec. 63.1350 and the site-specific monitoring plan
required by Sec. 63.1350(p).
(ii) Except for periods of startup and shutdown, 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.
(iii) You may not use data recorded during monitoring system
startup,
[[Page 412]]
shutdown or malfunctions or repairs associated with monitoring system
malfunctions 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. You must use all
the data collected during all other periods in assessing the operation
of the control device and associated control system.
(iv) Clinker Production. If you are subject to limitations on
mercury emissions (lb/MM tons of clinker) under Sec. 63.1343(b), you
must determine the hourly production rate of clinker according to the
requirements of Sec. 63.1350(d).
(2) PM Compliance. If you are subject to limitations on PM emissions
under Sec. 63.1343(b), you must use the monitoring methods and
procedures in Sec. 63.1350(b) and (d).
(3) Opacity Compliance. If you are subject to the limitations on
opacity under Sec. 63.1345, you must demonstrate compliance using the
monitoring methods and procedures in Sec. 63.1350(f) based on the
maximum 6-minute average opacity exhibited during the performance test
period. You must initiate corrective actions within one hour of
detecting visible emissions above the applicable limit.
(i) COMS. If you install a COMS in lieu of conducting the daily
visible emissions testing, you must demonstrate compliance using a COMS
such that it is installed, operated, and maintained in accordance with
the requirements of Sec. 63.1350(f)(4)(i).
(ii) Bag Leak Detection System (BLDS). If you install a BLDS on a
raw mill or finish mill in lieu of conducting the daily visible
emissions testing, you must demonstrate compliance using a BLDS that is
installed, operated, and maintained in accordance with the requirements
of Sec. 63.1350(f)(4)(ii).
(4) D/F Compliance. If you are subject to a D/F emissions limitation
under Sec. 63.1343(b), you must demonstrate compliance using a
continuous monitoring system (CMS) that is installed, operated and
maintained to record the temperature of specified gas streams in
accordance with the requirements of Sec. 63.1350(g).
(5) Activated Carbon Injection Compliance. (i) If you use activated
carbon injection to comply with the D/F emissions limitation under Sec.
63.1343(b), you must demonstrate compliance using a CMS that is
installed, operated, and maintained to record the rate of activated
carbon injection in accordance with the requirements Sec.
63.1350(h)(1).
(ii) If you use activated carbon injection to comply with the D/F
emissions limitation under Sec. 63.1343(b), you must demonstrate
compliance using a CMS that is installed, operated and maintained to
record the activated carbon injection system gas parameter in accordance
with the requirements of Sec. 63.1350(h)(2).
(6) THC Compliance. (i) If you are subject to limitations on THC
emissions under Sec. 63.1343(b), you must demonstrate compliance using
the monitoring methods and procedures in Sec. 63.1350(i) and (j).
(ii) THC must be measured either upstream of the coal mill or in the
coal mill stack.
(7) Mercury Compliance. (i) If you are subject to limitations on
mercury emissions in Sec. 63.1343(b), you must demonstrate compliance
using the monitoring methods and procedures in Sec. 63.1350(k). If you
use an integrated sorbent trap monitoring system to determine ongoing
compliance, use the procedures described in Sec. 63.1348(a)(5) to
assign hourly mercury concentration values and to calculate rolling 30
operating day emissions rates. Since you assign the mercury
concentration measured with the sorbent trap to each relevant hour
respectively for each operating day of the integrated period, you may
schedule the sorbent trap change periods to any time of the day (i.e.,
the sorbent trap replacement need not be scheduled at 12:00 midnight nor
must the sorbent trap replacements occur only at integral 24-hour
intervals).
(ii) Mercury must be measured either upstream of the coal mill or in
the coal mill stack.
(8) HCl Compliance. If you are subject to limitations on HCl
emissions under
[[Page 413]]
Sec. 63.1343(b), you must demonstrate compliance using the performance
test methods and procedures in Sec. 63.1349(b)(6).
(i) For an affected source that is not equipped with a wet scrubber,
tray tower or a dry sorbent injection system, you must demonstrate
compliance using the monitoring methods and procedures in Sec.
63.1350(l)(1).
(ii) For an affected source that is equipped with a wet scrubber,
tray tower or a dry sorbent injection system, you may demonstrate
compliance using the monitoring methods and procedures in Sec.
63.1350(l)(2).
(iii) HCl may be measured either upstream of the coal mill or in the
coal mill stack.
(iv) As an alternative to paragraph (b)(8)(ii) of this section, you
may use an SO2 CEMS to establish an SO2 operating
level during your initial and repeat HCl performance tests and monitor
the SO2 level using the procedures in Sec. 63.1350(l)(3).
(9) Startup and Shutdown Compliance. All dry sorbent and activated
carbon systems that control hazardous air pollutants must be turned on
and operating at the time the gas stream at the inlet to the baghouse or
ESP reaches 300 degrees Fahrenheit (five minute average) during startup.
Temperature of the gas stream is to be measured at the inlet of the
baghouse or ESP every minute. Such injection systems can be turned off
during shutdown. Particulate control and all remaining devices that
control hazardous air pollutants should be operational during startup
and shutdown.
(c) Changes in operations. (1) If you plan to undertake a change in
operations that may adversely affect compliance with an applicable
standard, operating limit, or parametric monitoring value under this
subpart, the source must conduct a performance test as specified in
Sec. 63.1349(b).
(2) In preparation for and while conducting a performance test
required in Sec. 63.1349(b), you may operate under the planned
operational change conditions for a period not to exceed 360 hours,
provided that the conditions in (c)(2)(i) through (c)(2)(iv) of this
section are met. You must submit temperature and other monitoring data
that are recorded during the pretest operations.
(i) You must provide the Administrator written notice at least 60
days prior to undertaking an operational change that may adversely
affect compliance with an applicable standard under this subpart for any
source, or as soon as practicable where 60 days advance notice is not
feasible. Notice provided under this paragraph must include a
description of the planned change, the emissions standards that may be
affected by the change, and a schedule for completion of the performance
test required under paragraph (c)(1) of this section, including when the
planned operational change period would begin.
(ii) The performance test results must be documented in a test
report according to Sec. 63.1349(a).
(iii) A test plan must be made available to the Administrator prior
to performance testing, if requested.
(iv) The performance test must be completed within 360 hours after
the planned operational change period begins.
(d) General duty to minimize emissions. At all times you must
operate and maintain any affected source, including associated air
pollution control equipment and monitoring equipment, in a manner
consistent with safety and good air pollution control practices for
minimizing emissions. Determination of whether such operation and
maintenance procedures are being used will be based on information
available to the Administrator 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.
[75 FR 55055, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013;
80 FR 44781, July 27, 2015; 83 FR 35132, July 25, 2018]
Monitoring and Compliance Provisions
Sec. 63.1349 Performance testing requirements.
(a) You must document performance test results in complete test
reports that contain the information required by paragraphs (a)(1)
through (10) of this
[[Page 414]]
section, as well as all other relevant information. As described in
Sec. 63.7(c)(2)(i), you must make available to the Administrator prior
to testing, if requested, the site-specific test plan to be followed
during performance testing. For purposes of determining exhaust gas flow
rate to the atmosphere from an alkali bypass stack or a coal mill stack,
you must either install, operate, calibrate and maintain an instrument
for continuously measuring and recording the exhaust gas flow rate
according to the requirements in paragraphs Sec. 63.1350(n)(1) through
(10) of this subpart or use the maximum design exhaust gas flow rate.
For purposes of determining the combined emissions from kilns equipped
with an alkali bypass or that exhaust kiln gases to a coal mill that
exhausts through a separate stack, instead of installing a CEMS on the
alkali bypass stack or coal mill stack, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the relevant emissions limit.
(1) A brief description of the process and the air pollution control
system;
(2) Sampling location description(s);
(3) A description of sampling and analytical procedures and any
modifications to standard procedures;
(4) Test results;
(5) Quality assurance procedures and results;
(6) Records of operating conditions during the performance test,
preparation of standards, and calibration procedures;
(7) Raw data sheets for field sampling and field and laboratory
analyses;
(8) Documentation of calculations;
(9) All data recorded and used to establish parameters for
monitoring; and
(10) Any other information required by the performance test method.
(b)(1) PM emissions tests. The owner or operator of a kiln and
clinker cooler subject to limitations on PM emissions shall demonstrate
initial compliance by conducting a performance test using Method 5 or
Method 5I at appendix A-3 to part 60 of this chapter. You must also
monitor continuous performance through use of a PM continuous parametric
monitoring system (PM CPMS).
(i) For your PM CPMS, you will establish a site-specific operating
limit. If your PM performance test demonstrates your PM emission levels
to be below 75 percent of your emission limit you will use the average
PM CPMS value recorded during the PM compliance test, the milliamp or
digital equivalent of zero output from your PM CPMS, and the average PM
result of your compliance test to establish your operating limit. If
your PM compliance test demonstrates your PM emission levels to be at or
above 75 percent of your emission limit you will use the average PM CPMS
value recorded during the PM compliance test to establish your operating
limit. You will use the PM CPMS to demonstrate continuous compliance
with your operating limit. You must repeat the performance test annually
and reassess and adjust the site-specific operating limit in accordance
with the results of the performance test.
(A) Your PM CPMS must provide a 4-20 milliamp or digital signal
output and the establishment of its relationship to manual reference
method measurements must be determined in units of milliamps or the
monitors digital equivalent.
(B) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to three times your
allowable emission limit. If your PM CPMS is an auto-ranging instrument
capable of multiple scales, the primary range of the instrument must be
capable of reading PM concentration from zero to a level equivalent to
three times your allowable emission limit.
(C) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp or digital output values from the PM CPMS for
the periods corresponding to the compliance test runs (e.g., average all
your PM CPMS output values for three corresponding Method 5I test runs).
(ii) Determine your operating limit as specified in paragraphs
(b)(1)(iii) through (iv) of this section. If your PM performance test
demonstrates your PM emission levels to be below 75 percent of your
emission limit you will use the average PM CPMS value recorded during
the PM compliance test,
[[Page 415]]
the milliamp or digital equivalent of zero output from your PM CPMS, and
the average PM result of your compliance test to establish your
operating limit. If your PM compliance test demonstrates your PM
emission levels to be at or above 75 percent of your emission limit you
will use the average PM CPMS value recorded during the PM compliance
test to establish your operating limit. You must verify an existing or
establish a new operating limit after each repeated performance test.
You must repeat the performance test at least annually and reassess and
adjust the site-specific operating limit in accordance with the results
of the performance test.
(iii) If the average of your three Method 5 or 5I compliance test
runs is below 75 percent of your PM emission limit, you must calculate
an operating limit by establishing a relationship of PM CPMS signal to
PM concentration using the PM CPMS instrument zero, the average PM CPMS
values corresponding to the three compliance test runs, and the average
PM concentration from the Method 5 or 5I compliance test with the
procedures in (b)(1)(iii)(A) through (D) of this section.
(A) Determine your PM CPMS instrument zero output with one of the
following procedures:
(1) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
(2) Zero point data for extractive instruments should be obtained by
removing the extractive probe from the stack and drawing in clean
ambient air.
(3) The zero point may also be established by performing manual
reference method measurements when the flue gas is free of PM emissions
or contains very low PM concentrations (e.g., when your process is not
operating, but the fans are operating or your source is combusting only
natural gas) and plotting these with the compliance data to find the
zero intercept.
(4) If none of the steps in paragraphs (b)(1)(iii)(A)(1) through (3)
of this section are possible, you must use a zero output value provided
by the manufacturer.
(B) Determine your PM CPMS instrument average in milliamps or
digital equivalent, and the average of your corresponding three PM
compliance test runs, using equation 3.
[GRAPHIC] [TIFF OMITTED] TR27JY15.013
Where:
X1 = The PM CPMS data points for the three runs constituting
the performance test.
Y1 = The PM concentration value for the three runs
constituting the performance test.
n = The number of data points.
(C) With your instrument zero expressed in milliamps or a digital
value, your three run average PM CPMS milliamp or digital signal value,
and your three run PM compliance test average, determine a relationship
of lb/ton-clinker per milliamp or digital signal value with Equation 4.
[GRAPHIC] [TIFF OMITTED] TR27JY15.014
[[Page 416]]
Where:
R = The relative lb/ton-clinker per milliamp or digital equivalent for
your PM CPMS.
Y1 = The three run average lb/ton-clinker PM concentration.
X1 = The three run average milliamp or digital equivalent
output from your PM CPMS.
z = The milliamp or digital equivalent of your instrument zero
determined from (b)(1)(iii)(A).
(D) Determine your source specific 30-day rolling average operating
limit using the lb/ton-clinker per milliamp or digital signal value from
Equation 4 in Equation 5, below. This sets your operating limit at the
PM CPMS output value corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR27JY15.015
Where:
Ol = The operating limit for your PM CPMS on a 30-day rolling
average, in milliamps or the digital equivalent.
L = Your source emission limit expressed in lb/ton clinker.
z = Your instrument zero in milliamps, or digital equivalent, determined
from (b)(1)(iii)(A).
R = The relative lb/ton-clinker per milliamp, or digital equivalent, for
your PM CPMS, from Equation 4.
(iv) If the average of your three PM compliance test runs is at or
above 75 percent of your PM emission limit you must determine your
operating limit by averaging the PM CPMS milliamp or digital equivalent
output corresponding to your three PM performance test runs that
demonstrate compliance with the emission limit using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR27JY15.016
Where:
X1 = The PM CPMS data points for all runs i.
n = The number of data points.
Oh = Your site specific operating limit, in milliamps or the
digital equivalent.
(v) To determine continuous operating compliance, you must record
the PM CPMS output data for all periods when the process is operating,
and use all the PM CPMS data for calculations when the source is not
out-of-control. You must demonstrate continuous compliance by using all
quality-assured hourly average data collected by the PM CPMS for all
operating hours to calculate the arithmetic average operating parameter
in units of the operating limit (milliamps or the digital equivalent) on
a 30 operating day rolling average basis, updated at the end of each new
kiln operating day. Use Equation 7 to determine the 30 kiln operating
day average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.017
Where:
Hpvi = The hourly parameter value for hour i.
[[Page 417]]
n = The number of valid hourly parameter values collected over 30 kiln
operating days.
(vi) For each performance test, conduct at least three separate test
runs under the conditions that exist when the affected source is
operating at the level reasonably expected to occur. Conduct each test
run to collect a minimum sample volume of 2 dscm for determining
compliance with a new source limit and 1 dscm for determining compliance
with an existing source limit. Calculate the time weighted average of
the results from three consecutive runs, including applicable sources as
required by paragraph (b)(1)(viii) of this section, to determine
compliance. You need not determine the particulate matter collected in
the impingers ``back half'' of the Method 5 or Method 5I particulate
sampling train to demonstrate compliance with the PM standards of this
subpart. This shall not preclude the permitting authority from requiring
a determination of the ``back half'' for other purposes. For kilns with
inline raw mills, testing must be conducted while the raw mill is on and
while the raw mill is off. If the exhaust streams of a kiln with an
inline raw mill and a clinker cooler are comingled, then the comingled
exhaust stream must be tested with the raw mill on and the raw mill off.
(vii) For PM performance test reports used to set a PM CPMS
operating limit, the electronic submission of the test report must also
include the make and model of the PM CPMS instrument, serial number of
the instrument, analytical principle of the instrument (e.g. beta
attenuation), span of the instruments primary analytical range, milliamp
value or digital equivalent to the instrument zero output, technique by
which this zero value was determined, and the average milliamp or
digital equivalent signals corresponding to each PM compliance test run.
(viii) When there is an alkali bypass and/or an inline coal mill
with a separate stack associated with a kiln, the main exhaust and
alkali bypass and/or inline coal mill must be tested simultaneously and
the combined emission rate of PM from the kiln and alkali bypass and/or
inline coal mill must be computed for each run using Equation 8 of this
section.
[GRAPHIC] [TIFF OMITTED] TR27JY15.018
Where:
ECm = Combined hourly emission rate of PM from the kiln and
bypass stack and/or inline coal mill, lb/ton of kiln clinker
production.
EK = Hourly emissions of PM emissions from the kiln, lb.
EB = Hourly PM emissions from the alkali bypass stack, lb.
EC = Hourly PM emissions from the inline coal mill stack, lb.
P = Hourly clinker production, tons.
(ix) The owner or operator of a kiln with an in-line raw mill and
subject to limitations on PM emissions shall demonstrate initial
compliance by conducting separate performance tests while the raw mill
is under normal operating conditions and while the raw mill is not
operating, and calculate the time weighted average emissions. The
operating limit will then be determined using 63.1349(b)(1)(i) of this
section.
(2) Opacity tests. If you are subject to limitations on opacity
under this subpart, you must conduct opacity tests in accordance with
Method 9 of appendix A-4 to part 60 of this chapter. The duration of the
Method 9 performance test must be 3 hours (30 6-minute averages), except
that the duration of the Method 9 performance test may be reduced to 1
hour if the conditions of paragraphs (b)(2)(i) and (ii) of this section
apply. For batch processes that are not run for 3-hour periods or
longer, compile observations totaling 3 hours when the unit is
operating.
(i) There are no individual readings greater than 10 percent
opacity;
[[Page 418]]
(ii) There are no more than three readings of 10 percent for the
first 1-hour period.
(3) D/F Emissions Tests. If you are subject to limitations on D/F
emissions under this subpart, you must conduct a performance test using
Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or
in-line kiln/raw mill is equipped with an alkali bypass, you must
conduct simultaneous performance tests of the kiln or in-line kiln/raw
mill exhaust and the alkali bypass. You may conduct a performance test
of the alkali bypass exhaust when the raw mill of the in-line kiln/raw
mill is operating or not operating.
(i) Each performance test must consist of three separate runs
conducted under representative conditions. The duration of each run must
be at least 3 hours, and the sample volume for each run must be at least
2.5 dscm (90 dscf).
(ii) The temperature at the inlet to the kiln or in-line kiln/raw
mill PMCD, and, where applicable, the temperature at the inlet to the
alkali bypass PMCD must be continuously recorded during the period of
the Method 23 test, and the continuous temperature record(s) must be
included in the performance test report.
(iii) Average temperatures must be calculated for each run of the
performance test.
(iv) The run average temperature must be calculated for each run,
and the average of the run average temperatures must be determined and
included in the performance test report and will determine the
applicable temperature limit in accordance with Sec. 63.1346(b).
(v)(A) If sorbent injection is used for D/F control, you must record
the rate of sorbent injection to the kiln exhaust, and where applicable,
the rate of sorbent injection to the alkali bypass exhaust, continuously
during the period of the Method 23 test in accordance with the
conditions in Sec. 63.1350(m)(9), and include the continuous injection
rate record(s) in the performance test report. Determine the sorbent
injection rate parameters in accordance with paragraph (b)(3)(vi) of
this section.
(B) Include the brand and type of sorbent used during the
performance test in the performance test report.
(C) Maintain a continuous record of either the carrier gas flow rate
or the carrier gas pressure drop for the duration of the performance
test. If the carrier gas flow rate is used, determine, record, and
maintain a record of the accuracy of the carrier gas flow rate
monitoring system according to the procedures in appendix A to part 75
of this chapter. If the carrier gas pressure drop is used, determine,
record, and maintain a record of the accuracy of the carrier gas
pressure drop monitoring system according to the procedures in Sec.
63.1350(m)(6).
(vi) Calculate the run average sorbent injection rate for each run
and determine and include the average of the run average injection rates
in the performance test report and determine the applicable injection
rate limit in accordance with Sec. 63.1346(c)(1).
(4) THC emissions test. (i) If you are subject to limitations on THC
emissions, you must operate a CEMS in accordance with the requirements
in Sec. 63.1350(i). For the purposes of conducting the accuracy and
quality assurance evaluations for CEMS, the THC span value (as propane)
is 50 to 60 ppmvw and the reference method (RM) is Method 25A of
appendix A to part 60 of this chapter.
(ii) Use the THC CEMS to conduct the initial compliance test for the
first 30 kiln operating days of kiln operation after the compliance date
of the rule. See Sec. 63.1348(a).
(iii) If kiln gases are diverted through an alkali bypass or to a
coal mill and exhausted through a separate stack, you must calculate a
kiln-specific THC limit using Equation 9:
[GRAPHIC] [TIFF OMITTED] TR27JY15.019
[[Page 419]]
Where:
Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).
(iv) THC must be measured either upstream of the coal mill or the
coal mill stack.
(v) Instead of conducting the performance test specified in
paragraph (b)(4)of this section, you may conduct a performance test to
determine emissions of total organic HAP by following the procedures in
paragraph (b)(7) of this section.
(5) Mercury Emissions Tests. If you are subject to limitations on
mercury emissions, you must operate a mercury CEMS or a sorbent trap
monitoring system in accordance with the requirements of Sec.
63.1350(k). The initial compliance test must be based on the first 30
kiln operating days in which the affected source operates using a
mercury CEMS or a sorbent trap monitoring system after the compliance
date of the rule. See Sec. 63.1348(a).
(i) If you are using a mercury CEMS or a sorbent trap monitoring
system, you must install, operate, calibrate, and maintain an instrument
for continuously measuring and recording the exhaust gas flow rate to
the atmosphere according to the requirements in Sec. 63.1350(k)(5).
(ii) Calculate the emission rate using Equation 10 of this section:
[GRAPHIC] [TIFF OMITTED] TR27JY15.020
Where:
E30D = 30-day rolling emission rate of mercury, lb/MM tons
clinker.
Ci = Concentration of mercury for operating hour i, [micro]g/
scm.
Qi = Volumetric flow rate of effluent gas for operating hour
i, where Ci and Qi are on the same basis
(either wet or dry), scm/hr.
k = Conversion factor, 1 lb/454,000,000 [micro]g.
n = Number of kiln operating hours in the previous 30 kiln operating day
period where both C and Qi qualified data are available.
P = Total runs from the previous 30 days of clinker production during
the same time period as the mercury emissions measured,
million tons.
(6) HCl emissions tests. For a source subject to limitations on HCl
emissions you must conduct performance testing by one of the following
methods:
(i)(A) If the source is equipped with a wet scrubber, tray tower or
dry scrubber, you must conduct performance testing using Method 321 of
appendix A to this part unless you have installed a CEMS that meets the
requirements Sec. 63.1350(l)(1). For kilns with inline raw mills,
testing must be conducted for the raw mill on and raw mill off
conditions.
(B) You must establish site specific parameter limits by using the
CPMS required in Sec. 63.1350(l)(1). For a wet scrubber or tray tower,
measure and record the pressure drop across the scrubber and/or liquid
flow rate and pH in intervals of no more than 15 minutes during the HCl
test. Compute and record the 24-hour average pressure drop, pH, and
average scrubber water flow rate for each sampling run in which the
applicable emissions limit is met. For a dry scrubber, measure and
record the sorbent injection rate in intervals of no more than 15
minutes during the HCl test. Compute and record the 24-hour average
sorbent injection rate and average sorbent injection rate for each
sampling run in which the applicable emissions limit is met.
(ii)(A) If the source is not controlled by a wet scrubber, tray
tower or dry sorbent injection system, you must operate a CEMS in
accordance with the requirements of Sec. 63.1350(l)(1). See Sec.
63.1348(a).
(B) The initial compliance test must be based on the 30 kiln
operating days that occur after the compliance date of this rule in
which the affected source operates using an HCl CEMS. Hourly
[[Page 420]]
HCl concentration data must be obtained according to Sec. 63.1350(l).
(iii) As an alternative to paragraph (b)(6)(i)(B) of this section,
you may choose to monitor SO2 emissions using a CEMS in
accordance with the requirements of Sec. 63.1350(l)(3). You must
establish an SO2 operating limit equal to the average
recorded during the HCl stack test where the HCl stack test run result
demonstrates compliance with the emission limit. This operating limit
will apply only for demonstrating HCl compliance.
(iv) If kiln gases are diverted through an alkali bypass or to a
coal mill and exhausted through a separate stack, you must calculate a
kiln-specific HCl limit using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR27JY15.021
Where:
Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).
(v) As an alternative to paragraph (b)(6)(ii) of this section, the
owner or operator may demonstrate initial compliance by conducting a
performance test using Method 321 of appendix A to this part. You must
also monitor continuous performance through use of an HCl CPMS according
to paragraphs (b)(6)(v)(A) through (H) of this section. For kilns with
inline raw mills, compliance testing and monitoring HCl to establish the
site specific operating limit must be conducted during both raw mill on
and raw mill off conditions.
(A) For your HCl CPMS, you must establish a 30 kiln operating day
site-specific operating limit. If your HCl performance test demonstrates
your HCl emission levels to be less than 75 percent of your emission
limit (2.25 ppmvd @7% O2), you must use the time weighted
average HCl CPMS indicated value recorded during the HCl compliance test
(typically measured as ppmvw HCl at stack O2 concentration,
but a dry, oxygen corrected value would also suffice), your HCl
instrument zero output value, and the time weighted average HCl result
of your compliance test to establish your operating limit. If your HCl
compliance test demonstrates your HCl emission levels to be at or above
75 percent of your emission limit (2.25 ppmvd @7% O2), you
must use the time weighted average HCl CPMS indicated value recorded
during the HCl compliance test as your operating limit. You must use the
HCl CPMS indicated signal data to demonstrate continuous compliance with
your operating limit.
(1) Your HCl CPMS must provide a ppm HCl concentration output and
the establishment of its relationship to manual reference method
measurements must be determined in units of indicated ppm. The
instrument signal may be in ppmvw or ppmvd and the signal may be a
measurement of HCl at in-stack concentration or a corrected oxygen
concentration. Once the relationship between the indicated output of the
HCl CPMS and the reference method test results is established, the HCl
CPMS instrument measurement basis (ppmvw or ppmvd, or oxygen correction
basis) must not be altered. Likewise, any setting that impacts the HCl
CPMS indicated HCl response must remain fixed after the site-specific
operating limit is set.
(2) Your HCl CPMS operating range must be capable of reading HCl
concentrations from zero to a level equivalent to 125 percent of the
highest expected value during mill off operation. If your HCl CPMS is an
auto-ranging instrument capable of multiple scales, the primary range of
the instrument must be capable of reading an indicated HCl concentration
from zero to 10 ppm.
(3) During the initial performance test of a kiln with an inline raw
mill, or any such subsequent performance test that demonstrates
compliance
[[Page 421]]
with the HCl limit, record and average the indicated ppm HCl output
values from the HCl CPMS for each of the six periods corresponding to
the compliance test runs (e.g., average each of your HCl CPMS output
values for six corresponding Method 321 test runs). With the average
values of the six test runs, calculate the average of the three mill on
test runs and the average of the three mill off test runs. Calculate the
time weighted result using the average of the three mill on tests and
the average of the three mill off tests and the previous annual ratio of
mill on/mill off operations. Kilns without an inline raw mill will
conduct three compliance tests and calculate the average monitor output
values corresponding to these three test runs and not use time weighted
values to determine their site specific operating limit.
(B) Determine your operating limit as specified in paragraphs
(b)(6)(i) or (iii) of this section. If your HCl performance test
demonstrates your HCl emission levels to be below 75 percent of your
emission limit, kilns with inline raw mills will use the time weighted
average indicated HCl ppm concentration CPMS value recorded during the
HCl compliance test, the zero value output from your HCl CPMS, and the
time weighted average HCl result of your compliance test to establish
your operating limit. Kilns without inline raw mills will not use a time
weighted average value to establish their operating limit. If your time
weighted HCl compliance test demonstrates your HCl emission levels to be
at or above 75 percent of your emission limit, you will use the time
weighted HCl CPMS indicated ppm value recorded during the HCl compliance
test to establish your operating limit. Kilns without inline raw mills
will not use time weighted compliance test results to make this
determination. You must verify an existing operating limit or establish
a new operating limit for each kiln, after each repeated performance
test.
(C) If the average of your three Method 321 compliance test runs
(for kilns without an inline raw mill) or the time weighted average of
your six Method 321 compliance test runs (for an kiln with an inline raw
mill) is below 75 percent of your HCl emission limit, you must calculate
an operating limit by establishing a relationship of the average HCl
CPMS indicated ppm to the Method 321 test average HCl concentration
using the HCl CPMS instrument zero, the average HCl CPMS indicated
values corresponding to the three (for kilns without inline raw mills)
or time weighted HCl CPMS indicated values corresponding to the six (for
kilns with inline raw mills) compliance test runs, and the average HCl
concentration (for kilns without raw mills) or average time weighted HCl
concentration (for kilns with inline raw mills) from the Method 321
compliance test with the procedures in paragraphs (b)(6)(v)(C)(1)
through (5) of this section.
(1) Determine your HCl CPMS instrument zero output with one of the
following procedures:
(i) Zero point data for in situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
(ii) If neither of the steps in paragraphs (b)(6)(v)(C)(1)(i)
through (ii) of this section are possible, you must use a zero output
value provided by the manufacturer.
(2) If your facility does not have an inline raw mill you will
determine your HCl CPMS indicated average in HCl ppm, and the average of
your corresponding three HCl compliance test runs, using equation 11a.
[GRAPHIC] [TIFF OMITTED] TR25JY16.018
[[Page 422]]
Where:
Xi = The HCl CPMS data points for the three (or six) runs
constituting the performance test;
Yi = The HCl concentration value for the three (or six) runs
constituting the performance test; and
n = The number of data points.
(3) You will determine your HCl CPMS indicated average in HCl ppm,
and the average of your corresponding HCl compliance test runs, using
equation 11b. If you have an inline raw mill, use this same equation to
calculate a second three-test average for your mill off CPMS and
compliance test data.
[GRAPHIC] [TIFF OMITTED] TR25JY16.019
Where:
Xi = The HCl CPMS data points for the three runs constituting
the mill on OR mill off performance test;
Yi = The HCl concentration value for the three runs
constituting the mill on OR mill off performance test; and
n = The number of data points.
(4) With your instrument zero expressed in ppm, your average HCl
CPMS ppm value, and your HCl compliance test average, determine a
relationship of performance test HCl (as ppmvd @7% O2)
concentration per HCl CPMS indicated ppm with Equation 11c.
[GRAPHIC] [TIFF OMITTED] TR25JY16.020
Where:
R = The relative performance test concentration per indicated ppm for
your HCl CPMS;
Y1 = The average HCl concentration as ppmvd @7% O2
during the performance test;
X1 = The average indicated ppm output from your HCl CPMS; and
z = The ppm of your instrument zero determined from paragraph
(b)(6)(v)(C)(1) of this section.
(5) Determine your source specific 30 kiln operating day operating
limit using HC1 CPMS indicated value from Equation 11c in Equation 11d,
below. This sets your operating limit at the HC1 CPMS output value
corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR25JY16.021
Where:
Ol = The operating limit for your HCl CPMS on a 30 kiln
operating day average, as indicated ppm;
L = 3 ppmvd @7% O2;
z = Your instrument zero, determined from paragraph (b)(6)(v)(C)(1) of
this section ; and
[[Page 423]]
R = The relative performance test concentration per indicated ppm for
your HCl CPMS, from Equation 11c.
(D) If the average of your HCl compliance test runs is at or above
75 percent of your HCl emission limit (2.25 ppmvd@7% O2) you
must determine your operating limit by averaging the HCl CPMS output
corresponding to your HCl performance test runs that demonstrate
compliance with the emission limit using Equation 11e.
[GRAPHIC] [TIFF OMITTED] TR25JY16.022
Where:
Oh = Your site specific HCl CPMS operating limit, in
indicated ppm.
Xi = The HCl CPMS data points for all runs i.
n = The number of data points.
(E) To determine continuous compliance with the operating limit, you
must record the HCl CPMS indicated output data for all periods when the
process is operating and use all the HCl CPMS data for calculations when
the source is not out of control. You must demonstrate continuous
compliance with the operating limit by using all quality-assured hourly
average data collected by the HCl CPMS for all operating hours to
calculate the arithmetic average operating parameter in units of the
operating limit (ppmvw) on a 30 kiln operating day rolling average
basis, updated at the end of each new kiln operating day. Use Equation
11f to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR25JY16.023
Where:
30 kiln operating day parameter average = The average indicated value
for the CPMS parameter over the previous 30 days of kiln
operation;
Hpvi = The hourly parameter value for hour i; and
n = The number of valid hourly parameter values collected over 30 kiln
operating days.
(F) If you exceed the 30 kiln operating day operating limit, you
must evaluate the control system operation and re-set the operating
limit.
(G) The owner or operator of a kiln with an inline raw mill and
subject to limitations on HCl emissions must demonstrate initial
compliance by conducting separate performance tests while the raw mill
is on and while the raw mill is off. Using the fraction of time the raw
mill is on calculate your HCl CPMS limit as a weighted average of the
HCl CPMS indicated values measured during raw mill on and raw mill off
compliance testing using Equation 11g.
[GRAPHIC] [TIFF OMITTED] TR25JY16.024
Where:
R = HCl CPMS operating limit;
b = Average indicated HCl CPMS value during mill on operations, ppm;
t = Fraction of operating time with mill on;
[[Page 424]]
a = Average indicated HCl CPMS value during mill off operations ppm; and
(1-t) = Fraction of operating time with mill off.
(H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at
which time the owner or operator must demonstrate compliance with
paragraphs (b)(6)(i), (ii), or (iii).
(7) Total Organic HAP Emissions Tests. Instead of conducting the
performance test specified in paragraph (b)(4) of this section, you may
conduct a performance test to determine emissions of total organic HAP
by following the procedures in paragraphs (b)(7)(i) through (v) of this
section.
(i) Use Method 320 of appendix A to this part, Method 18 of Appendix
A of part 60, ASTM D6348-03 or a combination to determine emissions of
total organic HAP. Each performance test must consist of three separate
runs under the conditions that exist when the affected source is
operating at the representative performance conditions in accordance
with Sec. 63.7(e). Each run must be conducted for at least 1 hour.
(ii) At the same time that you are conducting the performance test
for total organic HAP, you must also determine a site-specific THC
emissions limit by operating a THC CEMS in accordance with the
requirements of Sec. 63.1350(j). The duration of the performance test
must be at least 3 hours and the average THC concentration (as
calculated from the recorded output) during the 3-hour test must be
calculated. You must establish your THC operating limit and determine
compliance with it according to paragraphs (b)(7)(vii) and (viii) of
this section. It is permissible to extend the testing time of the
organic HAP performance test if you believe extended testing is required
to adequately capture organic HAP and/or THC variability over time.
(iii) If your source has an in-line kiln/raw mill you must use the
fraction of time the raw mill is on and the fraction of time that the
raw mill is off and calculate this limit as a weighted average of the
THC levels measured during three raw mill on and three raw mill off
tests.
(iv) If your organic HAP emissions are below 75 percent of the
organic HAP standard and you determine your operating limit with
paragraph (b)(7)(vii) of this section your THC CEMS must be calibrated
and operated on a measurement scale no greater than 180 ppmvw, as
carbon, or 60 ppmvw as propane.
(v) If your kiln has an inline coal mill and/or an alkali bypass
with separate stacks, you are required to measure and account for oHAP
emissions from their separate stacks. You are required to measure oHAP
at the coal mill inlet or outlet and you must also measure oHAP at the
alkali bypass outlet. You must then calculate a flow weighted average
oHAP concentration for all emission sources including the inline coal
mill and the alkali bypass.
(vi) Your THC CEMS measurement scale must be capable of reading THC
concentrations from zero to a level equivalent to two times your highest
THC emissions average determined during your performance test, including
mill on or mill off operation. Note: This may require the use of a dual
range instrument to meet this requirement and paragraph (b)(7)(iv) of
this section.
(vii) Determine your operating limit as specified in paragraphs
(b)(7)(viii) and (ix) of this section. If your organic HAP performance
test demonstrates your average organic HAP emission levels are below 75
percent of your emission limit (9 ppmv) you will use the average THC
value recorded during the organic HAP performance test, and the average
total organic HAP result of your performance test to establish your
operating limit. If your organic HAP compliance test results demonstrate
that your average organic HAP emission levels are at or above 75 percent
of your emission limit, your operating limit is established as the
average THC value recorded during the organic HAP performance test. You
must establish a new operating limit after each performance test. You
must repeat the performance test no later than 30 months following your
last performance test and reassess and adjust the site-specific
operating limit in accordance with the results of the performance test.
(viii) If the average organic HAP results for your three Method 18
and/or Method 320 performance test runs are
[[Page 425]]
below 75 percent of your organic HAP emission limit, you must calculate
an operating limit by establishing a relationship of THC CEMS signal to
the organic HAP concentration using the average THC CEMS value
corresponding to the three organic HAP compliance test runs and the
average organic HAP total concentration from the Method 18 and/or Method
320 performance test runs with the procedures in (b)(7)(viii)(A) and (B)
of this section.
(A) Determine the THC CEMS average values in ppmvw, and the average
of your corresponding three total organic HAP compliance test runs,
using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR25JY18.102
Where:
x = The THC CEMS average values in ppmvw.
Xi = The THC CEMS data points for all three test runs i.
y = The organic HAP average values in ppmvw.
Yi = The organic HAP concentrations for all three test runs
i.
n = The number of data points.
(B) You must use your three run average THC CEMS value and your
three run average organic HAP concentration from your three Method 18
and/or Method 320 compliance tests to determine the operating limit. Use
equation 13 to determine your operating limit in units of ppmvw THC, as
propane.
[GRAPHIC] [TIFF OMITTED] TR27JY15.023
Where:
Tl = The 30-day operating limit for your THC CEMS, ppmvw.
Y1 = The average organic HAP concentration from Eq. 12,
ppmvd.
X1 = The average THC CEMS concentration from Eq. 12, ppmvw.
(ix) If the average of your three organic HAP performance test runs
is at or above 75 percent of your organic HAP emission limit, you must
determine your operating limit using Equation 14 by averaging the THC
CEMS output values corresponding to your three organic HAP performance
test runs that demonstrate compliance with the emission limit. If your
new THC CEMS value is below your current operating limit, you may opt to
retain your current operating limit, but you must still submit all
performance test and THC CEMS data according to the reporting
requirements in paragraph (d)(1) of this section.
[GRAPHIC] [TIFF OMITTED] TR27JY15.024
Where:
X1 = The THC CEMS data points for all runs i.
n = The number of data points.
Th = Your site specific operating limit, in ppmvw THC.
(x) If your kiln has an inline kiln/raw mill, you must conduct
separate performance tests while the raw mill is operating (``mill on'')
and while the raw mill is not operating (``mill off''). Using the
fraction of time the raw mill
[[Page 426]]
is on and the fraction of time that the raw mill is off, calculate this
limit as a weighted average of the THC levels measured during raw mill
on and raw mill off compliance testing with Equation 15.
[GRAPHIC] [TIFF OMITTED] TR27JY15.025
Where:
R = Operating limit as THC, ppmvw.
y = Average THC CEMS value during mill on operations, ppmvw.
t = Percentage of operating time with mill on.
x = Average THC CEMS value during mill off operations, ppmvw.
(1-t) = Percentage of operating time with mill off.
(xi) To determine continuous compliance with the THC operating
limit, you must record the THC CEMS output data for all periods when the
process is operating and the THC CEMS is not out-of-control. You must
demonstrate continuous compliance by using all quality-assured hourly
average data collected by the THC CEMS for all operating hours to
calculate the arithmetic average operating parameter in units of the
operating limit (ppmvw) on a 30 operating day rolling average basis,
updated at the end of each new kiln operating day. Use Equation 16 to
determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.026
Where:
Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 kiln
operating days.
(xii) Use EPA Method 18 or Method 320 of appendix A to part 60 of
this chapter to determine organic HAP emissions. For each performance
test, conduct at least three separate runs under the conditions that
exist when the affected source is operating at the level reasonably
expected to occur. If your source has an in-line kiln/raw mill you must
conduct three separate test runs with the raw mill on, and three
separate runs under the conditions that exist when the affected source
is operating at the level reasonably expected to occur with the mill
off. Conduct each Method 18 test run to collect a minimum target sample
equivalent to three times the method detection limit. Calculate the
average of the results from three runs to determine compliance.
(xiii) If the THC level exceeds by 10 percent or more your site-
specific THC emissions limit, you must
(A) As soon as possible but no later than 30 days after the
exceedance, conduct an inspection and take corrective action to return
the THC CEMS measurements to within the established value; and
(B) Within 90 days of the exceedance or at the time of the 30 month
compliance test, whichever comes first, conduct another performance test
to determine compliance with the organic HAP limit and to verify or re-
establish your site-specific THC emissions limit.
(8) HCl Emissions Tests with SO2 Monitoring. If you
choose to monitor SO2 emissions using a CEMS to demonstrate
HCl compliance, follow the procedures in (b)(8)(i) through (ix) of this
section and in accordance with the requirements of Sec. 63.1350(l)(3).
You must establish an SO2 operating limit equal to the
average recorded during the HCl stack test. This operating limit will
[[Page 427]]
apply only for demonstrating HCl compliance.
(i) Use Method 321 of appendix A to this part to determine emissions
of HCl. Each performance test must consist of three separate runs under
the conditions that exist when the affected source is operating at the
representative performance conditions in accordance with Sec. 63.7(e).
Each run must be conducted for at least one hour.
(ii) At the same time that you are conducting the performance test
for HCl, you must also determine a site-specific SO2
emissions limit by operating an SO2 CEMS in accordance with
the requirements of Sec. 63.1350(l). The duration of the performance
test must be three hours and the average SO2 concentration
(as calculated from the average output) during the 3-hour test must be
calculated. You must establish your SO2 operating limit and
determine compliance with it according to paragraphs (b)(8)(vii) and
(viii) of this section.
(iii) If your source has an in-line kiln/raw mill you must use the
fraction of time the raw mill is on and the fraction of time that the
raw mill is off and calculate this limit as a weighted average of the
SO2 levels measured during raw mill on and raw mill off
testing.
(iv) Your SO2 CEMS must be calibrated and operated
according to the requirements of Sec. 60.63(f).
(v) Your SO2 CEMS measurement scale must be capable of
reading SO2 concentrations consistent with the requirements
of Sec. 60.63(f), including mill on or mill off operation.
(vi) If your kiln has an inline kiln/raw mill, you must conduct
separate performance tests while the raw mill is operating (``mill on'')
and while the raw mill is not operating (``mill off''). Using the
fraction of time the raw mill is on and the fraction of time that the
raw mill is off, calculate this limit as a weighted average of the
SO2 levels measured during raw mill on and raw mill off
compliance testing with Equation 17.
[GRAPHIC] [TIFF OMITTED] TR25JY18.103
Where:
R = Operating limit as SO2, ppmvw.
y = Average SO2 CEMS value during mill on operations, ppmvw.
t = Percentage of operating time with mill on, expressed as a decimal.
x = Average SO2 CEMS value during mill off operations, ppmvw.
1-t = Percentage of operating time with mill off, expressed as a
decimal.
(vii) If the average of your three HCl compliance test runs is below
75 percent of your HCl emission limit, you may as a compliance
alternative, calculate an operating limit by establishing a relationship
of SO2 CEMS signal to your HCl concentration corrected to 7
percent O2 by using the SO2 CEMS instrument zero,
the average SO2 CEMS values corresponding to the three
compliance test runs, and the average HCl concentration from the HCl
compliance test with the procedures in (b)(8)(vii)(A) through (D) of
this section.
(A) Determine your SO2 CEMS instrument zero output with
one of the following procedures:
(1) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
(2) Zero point data for extractive instruments may be obtained by
removing the extractive probe from the stack and drawing in clean
ambient air.
(3) The zero point may also be established by performing probe-flood
introduction of high purity nitrogen or certified zero air free of
SO2.
(4) If none of the steps in paragraphs (b)(8)(vii)(A)(1) through (3)
of this section are possible, you must use a zero output value provided
by the manufacturer.
(B) Determine your SO2 CEMS instrument average ppm, and
the average of your corresponding three HCl compliance test runs, using
Equation 18.
[[Page 428]]
[GRAPHIC] [TIFF OMITTED] TR25JY18.104
Where:
x = The SO2 CEMS average values in ppmvw.
X1 = The SO2 CEMS data points for the three runs
constituting the performance test.
y = The HCl average values in ppmvw.
Y1 = The HCl emission concentration expressed as ppmv
corrected to 7 percent oxygen for the three runs constituting
the performance test.
n = The number of data points.
(C) With your instrument zero expressed in ppmv, your three run
average SO2 CEMS expressed in ppmv, and your three run HCl
compliance test average in ppm corrected to 7 percent O2,
determine a relationship of ppm HCl corrected to 7 percent O2
per ppm SO2 with Equation 19.
[GRAPHIC] [TIFF OMITTED] TR27JY15.029
Where:
R = The relative HCl ppmv corrected to 7 percent O2 per ppm
SO2 for your SO2 CEMS.
Y1 = The three run average HCl concentration corrected to 7
percent O2.
X1 = The three run average ppm recorded by your
SO2 CEMS.
z = The instrument zero output ppm value.
(D) Determine your source specific 30-day rolling average operating
limit using ppm HCl corrected to 7 percent O2 per ppm
SO2 value from Equation 19 in Equation 20, below. This sets
your operating limit at the SO2 CEMS ppm value corresponding
to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR27JY15.030
Where:
Ol = The operating limit for your SO2 CEMS on a
30-day rolling average, in ppmv.
L = Your source HCl emission limit expressed in ppmv corrected to 7
percent O2.
z = Your instrument zero in ppmv, determined from (1)(i).
R = The relative oxygen corrected ppmv HCl per ppmv SO2, for
your SO2 CEMS, from Equation 19.
(viii) To determine continuous compliance with the SO2
operating limit, you must record the SO2 CEMS output data for
all periods when the process is operating and the SO2 CEMS is
not out-of-control. You must demonstrate continuous compliance by using
all quality-assured hourly average data collected by the SO2
CEMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (ppmvw) on a 30
operating day rolling average basis, updated at the end of each new kiln
operating day. Use Equation 21 to determine the 30 kiln operating day
average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.031
[[Page 429]]
Where:
Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 kiln
operating days.
(ix) Use EPA Method 321 of appendix A to part 60 of this chapter to
determine HCl emissions. For each performance test, conduct at least
three separate runs under the conditions that exist when the affected
source is operating at the level reasonably expected to occur. If your
source has an in-line kiln/raw mill you must conduct three separate test
runs with the raw mill on, and three separate runs under the conditions
that exist when the affected source is operating at the level reasonably
expected to occur with the mill off.
(x) If the SO2 level exceeds by 10 percent or more your
site-specific SO2 emissions limit, you must:
(A) As soon as possible but no later than 30 days after the
exceedance, conduct an inspection and take corrective action to return
the SO2 CEMS measurements to within the established value;
(B) Within 90 days of the exceedance or at the time of the periodic
compliance test, whichever comes first, conduct another performance test
to determine compliance with the HCl limit and to verify or re-establish
your site-specific SO2 emissions limit.
(c) Performance test frequency. Except as provided in Sec.
63.1348(b), performance tests are required at regular intervals for
affected sources that are subject to a dioxin, organic HAP or HCl
emissions limit. Performance tests required every 30 months must be
completed no more than 31 calendar months after the previous performance
test except where that specific pollutant is monitored using CEMS;
performance tests required every 12 months must be completed no more
than 13 calendar months after the previous performance test.
(d) [Reseved]
(e) Conditions of performance tests. Conduct performance tests 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, you must make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
[75 FR 55057, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013;
80 FR 44781, July 27, 2015; 80 FR 54729, Sept. 11, 2015; 81 FR 48359,
July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR 39673, Aug. 22, 2017;
83 FR 35132, July 25, 2018]
Sec. 63.1350 Monitoring requirements.
(a)(1) Following the compliance date, the owner or operator must
demonstrate compliance with this subpart on a continuous basis by
meeting the requirements of this section.
(2) [Reserved]
(3) For each existing unit that is equipped with a CMS, maintain the
average emissions or the operating parameter values within the operating
parameter limits established through performance tests.
(4) Any instance where the owner or operator fails to comply with
the continuous monitoring requirements of this section is a violation.
(b) PM monitoring requirements. (1)(i) PM CPMS. You will use a PM
CPMS to establish a site-specific operating limit corresponding to the
results of the performance test demonstrating compliance with the PM
limit. You will conduct your performance test using Method 5 or Method
5I at appendix A-3 to part 60 of this chapter. You will use the PM CPMS
to demonstrate continuous compliance with this operating limit. You must
repeat the performance test annually and reassess and adjust the site-
specific operating limit in accordance with the results of the
performance test using the procedures in Sec. 63.1349(b)(1) (i) through
(vi) of this subpart. You must also repeat the test if you change the
analytical range of the instrument, or if you replace the instrument
itself or any principle analytical component of the instrument that
would alter the relationship of output signal to in-stack PM
concentration.
(ii) To determine continuous compliance, you must use the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by
[[Page 430]]
using all quality-assured hourly average data collected by the PM CPMS
for all operating hours to calculate the arithmetic average operating
parameter in units of the operating limit (milliamps) on a 30 operating
day rolling average basis, updated at the end of each new kiln operating
day.
(iii) For any exceedance of the 30 process operating day PM CPMS
average value from the established operating parameter limit, you must:
(A) Within 48 hours of the exceedance, visually inspect the APCD;
(B) If inspection of the APCD identifies the cause of the
exceedance, take corrective action as soon as possible and return the PM
CPMS measurement to within the established value; and
(C) Within 30 days of the exceedance or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify or re-establish the PM CPMS operating limit within 45 days.
You are not required to conduct additional testing for any exceedances
that occur between the time of the original exceedance and the PM
emissions compliance test required under this paragraph.
(iv) PM CPMS exceedances leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a presumptive violation of this subpart.
(2) [Reserved]
(c) [Reserved]
(d) Clinker production monitoring requirements. In order to
determine clinker production, you must:
(1) Determine hourly clinker production by one of two methods:
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour of
the amount of clinker produced. The system of measuring hourly clinker
production must be maintained within 5 percent
accuracy, or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour of
the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate
your hourly clinker production rate using a kiln-specific feed to
clinker ratio based on reconciled clinker production determined for
accounting purposes and recorded feed rates. Update this ratio monthly.
Note that if this ratio changes at clinker reconciliation, you must use
the new ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
(iii) [Reserved]
(2) Determine, record, and maintain a record of the accuracy of the
system of measuring hourly clinker production (or feed mass flow if
applicable) before initial use (for new sources) or by the effective
compliance date of this rule (for existing sources). During each quarter
of source operation, you must determine, record, and maintain a record
of the ongoing accuracy of the system of measuring hourly clinker
production (or feed mass flow).
(3) If you measure clinker production directly, record the daily
clinker production rates; if you measure the kiln feed rates and
calculate clinker production, record the hourly kiln feed and clinker
production rates.
(4) Develop an emissions monitoring plan in accordance with
paragraphs (p)(1) through (p)(4) of this section.
(e) [Reserved]
(f) Opacity monitoring requirements. If you are subject to a
limitation on opacity under Sec. 63.1345, you must conduct required
opacity monitoring in accordance with the provisions of paragraphs
(f)(1)(i) through (vii) of this section and in accordance with your
monitoring plan developed under Sec. 63.1350(p). You must also develop
an opacity monitoring plan in accordance with paragraphs (p)(1) through
(4) and paragraph (o)(5), if applicable, of this section.
(1)(i) You must conduct a monthly 10-minute visible emissions test
of each affected source in accordance with Method 22 of appendix A-7 to
part 60 of this chapter. The performance test must be conducted while
the affected source is in operation.
(ii) If no visible emissions are observed in six consecutive monthly
tests for any affected source, the owner or operator may decrease the
frequency of performance testing from monthly to semi-annually for that
affected source.
[[Page 431]]
If visible emissions are observed during any semi-annual test, you must
resume performance testing of that affected source on a monthly basis
and maintain that schedule until no visible emissions are observed in
six consecutive monthly tests.
(iii) If no visible emissions are observed during the semi-annual
test for any affected source, you may decrease the frequency of
performance testing from semi-annually to annually for that affected
source. If visible emissions are observed during any annual performance
test, the owner or operator must resume performance testing of that
affected source on a monthly basis and maintain that schedule until no
visible emissions are observed in six consecutive monthly tests.
(iv) If visible emissions are observed during any Method 22
performance test, of appendix A-7 to part 60 of this chapter, you must
conduct 30 minutes of opacity observations, recorded at 15-second
intervals, in accordance with Method 9 of appendix A-4 to part 60 of
this chapter. The Method 9 performance test, of appendix A-4 to part 60
of this chapter, must begin within 1 hour of any observation of visible
emissions.
(v) Any totally enclosed conveying system transfer point, regardless
of the location of the transfer point is not required to conduct Method
22 visible emissions monitoring under this paragraph. The enclosures for
these transfer points must be operated and maintained as total
enclosures on a continuing basis in accordance with the facility
operations and maintenance plan.
(vi) If any partially enclosed or unenclosed conveying system
transfer point is located in a building, you must conduct a Method 22
performance test, of appendix A-7 to part 60 of this chapter, according
to the requirements of paragraphs (f)(1)(i) through (iv) of this section
for each such conveying system transfer point located within the
building, or for the building itself, according to paragraph (f)(1)(vii)
of this section.
(vii) If visible emissions from a building are monitored, the
requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this section
apply to the monitoring of the building, and you must also test visible
emissions from each side, roof, and vent of the building for at least 10
minutes.
(2)(i) For a raw mill or finish mill, you must monitor opacity by
conducting daily visible emissions observations of the mill sweep and
air separator PM control devices (PMCD) of these affected sources in
accordance with the procedures of Method 22 of appendix A-7 to part 60
of this chapter. The duration of the Method 22 performance test must be
6 minutes.
(ii) Within 24 hours of the end of the Method 22 performance test in
which visible emissions were observed, the owner or operator must
conduct a follow up Method 22 performance test of each stack from which
visible emissions were observed during the previous Method 22
performance test.
(iii) If visible emissions are observed during the follow-up Method
22 performance test required by paragraph (f)(2)(ii) of this section
from any stack from which visible emissions were observed during the
previous Method 22 performance test required by paragraph (f)(2)(i) of
the section, you must then conduct an opacity test of each stack from
which emissions were observed during the follow up Method 22 performance
test in accordance with Method 9 of appendix A-4 to part 60 of this
chapter. The duration of the Method 9 test must be 30 minutes.
(3) If visible emissions are observed during any Method 22 visible
emissions test conducted under paragraphs (f)(1) or (2) of this section,
you must initiate, within one-hour, the corrective actions specified in
your operation and maintenance plan as required in Sec. 63.1347.
(4) The requirements under paragraph (f)(2) of this section to
conduct daily Method 22 testing do not apply to any specific raw mill or
finish mill equipped with a COMS or BLDS.
(i) If the owner or operator chooses to install a COMS in lieu of
conducting the daily visible emissions testing required under paragraph
(f)(2) of this section, then the COMS must be installed at the outlet of
the PM control device of the raw mill or finish mill and the COMS must
be installed, maintained, calibrated, and operated as required by the
general provisions in subpart A of this part and according to
[[Page 432]]
PS-1 of appendix B to part 60 of this chapter.
(ii) If you choose to install a BLDS in lieu of conducting the daily
visible emissions testing required under paragraph (f)(2) of this
section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10)
and (m)(11) of this section apply.
(g) D/F monitoring requirements. If you are subject to an emissions
limitation on D/F emissions, you must comply with the monitoring
requirements of paragraphs (g)(1) through (5) and (m)(1) through (4) of
this section to demonstrate continuous compliance with the D/F emissions
standard. You must also develop an emissions monitoring plan in
accordance with paragraphs (p)(1) through (4) of this section.
(1) You must install, calibrate, maintain, and continuously operate
a CMS to record the temperature of the exhaust gases from the kiln and
alkali bypass, if applicable, at the inlet to, or upstream of, the kiln
and/or alkali bypass PMCDs.
(i) The temperature recorder response range must include zero and
1.5 times the average temperature established according to the
requirements in Sec. 63.1349(b)(3)(iv).
(ii) The calibration reference for the temperature measurement must
be a National Institute of Standards and Technology calibrated reference
thermocouple-potentiometer system or alternate reference, subject to
approval by the Administrator.
(iii) The calibration of all thermocouples and other temperature
sensors must be verified at least once every three months.
(2) You must monitor and continuously record the temperature of the
exhaust gases from the kiln and alkali bypass, if applicable, at the
inlet to the kiln and/or alkali bypass PMCD.
(3) The required minimum data collection frequency must be one
minute.
(4) Every hour, record the calculated rolling three-hour average
temperature using the average of 180 successive one-minute average
temperatures. See Sec. 63.1349(b)(3).
(5) When the operating status of the raw mill of the in-line kiln/
raw mill is changed from off to on or from on to off, the calculation of
the three-hour rolling average temperature must begin anew, without
considering previous recordings.
(h) Monitoring requirements for sources using sorbent injection. If
you are subject to an operating limit on D/F emissions that employs
carbon injection as an emission control technique, you must comply with
the additional monitoring requirements of paragraphs (h)(1) and (h)(2)
and paragraphs (m)(1) through (m)(4) and (m)(9) of this section. You
must also develop an emissions monitoring plan in accordance with
paragraphs (p)(1) through (p)(4) of this section.
(1) Install, operate, calibrate, and maintain a continuous monitor
to record the rate of activated carbon injection. The accuracy of the
rate measurement device must be 1 percent of the
rate being measured.
(i) Verify the calibration of the device at least once every three
months.
(ii) Each hour, calculate the three-hour rolling average activated
carbon injection rate for the previous three hours of process operation.
See Sec. 63.1349(b)(3).
(iii) When the operating status of the raw mill of the in-line kiln/
raw mill is changed from off to on or from on to off, the calculation of
the three-hour rolling average activated carbon injection rate must
begin anew, without considering previous recordings.
(2)(i) Install, operate, calibrate, and maintain a continuous
monitor to record the activated carbon injection system carrier gas
parameter (either the carrier gas flow rate or the carrier gas pressure
drop) established during the D/F performance test in accordance with
Sec. 63.1349(b)(3).
(ii) Each hour, calculate the 3-hour rolling average of the selected
parameter value for the previous 3 hours of process operation using all
of the one-minute data available (i.e., the CMS is not out-of-control).
(i) THC Monitoring Requirements. If you are subject to an emissions
limitation on THC emissions, you must comply with the monitoring
requirements of paragraphs (i)(1) and (i)(2) and (m)(1) through (m)(4)
of this section. You
[[Page 433]]
must also develop an emissions monitoring plan in accordance with
paragraphs (p)(1) through (p)(4) of this section.
(1) You must install, operate, and maintain a THC continuous
emission monitoring system in accordance with Performance Specification
8 or Performance Specification 8A of appendix B to part 60 of this
chapter and comply with all of the requirements for continuous
monitoring systems found in the general provisions, subpart A of this
part. The owner or operator must operate and maintain each CEMS
according to the quality assurance requirements in Procedure 1 of
appendix F in part 60 of this chapter. For THC continuous emission
monitoring systems certified under Performance Specification 8A, conduct
the relative accuracy test audits required under Procedure 1 in
accordance with Performance Specification 8, Sections 8 and 11 using
Method 25A in appendix A to 40 CFR part 60 as the reference method; the
relative accuracy must meet the criteria of Performance Specification 8,
Section 13.2.
(2) Performance tests on alkali bypass and coal mill stacks must be
conducted using Method 25A in appendix A to 40 CFR part 60 and repeated
every 30 months.
(j) Total organic HAP monitoring requirements. If you are complying
with the total organic HAP emissions limits, you must continuously
monitor THC according to paragraphs (i)(1) and (2) of this section or in
accordance with Performance Specification 8 or Performance Specification
8A of appendix B to part 60 of this chapter and comply with all of the
requirements for continuous monitoring systems found in the general
provisions, subpart A of this part. You must operate and maintain each
CEMS according to the quality assurance requirements in Procedure 1 of
appendix F in part 60 of this chapter. You must also develop an
emissions monitoring plan in accordance with paragraphs (p)(1) through
(4) of this section.
(k) Mercury monitoring requirements. If you have a kiln subject to
an emissions limitation on mercury emissions, you must install and
operate a mercury continuous emissions monitoring system (Hg CEMS) in
accordance with Performance Specification 12A (PS 12A) of appendix B to
part 60 of this chapter or an integrated sorbent trap monitoring system
in accordance with Performance Specification 12B (PS 12B) of appendix B
to part 60 of this chapter. You must monitor mercury continuously
according to paragraphs (k)(1) through (5) of this section. You must
also develop an emissions monitoring plan in accordance with paragraphs
(p)(1) through (4) of this section.
(1) You must use a span value for any Hg CEMS that represents the
mercury concentration corresponding to approximately two times the
emissions standard and may be rounded up to the nearest multiple of 5
[micro]g/m\3\ of total mercury or higher level if necessary to include
Hg concentrations which may occur (excluding concentrations during in-
line raw ``mill off'' operation). As specified in PS 12A, Section 6.1.1,
the data recorder output range must include the full range of expected
Hg concentration values which would include those expected during ``mill
off'' conditions. Engineering judgments made and calculations used to
determine the corresponding span concentration from the emission
standard shall be documented in the site-specific monitoring plan and
associated records.
(2) In order to quality assure data measured above the span value,
you must use one of the four options in paragraphs (k)(2)(i) through
(iv) of this section.
(i) Include a second span that encompasses the Hg emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5 [micro]g/
m\3\ of total mercury. The requirements of PS 12A, shall be followed for
this second span with the exception that a RATA with the mill off is not
required.
(ii) Quality assure any data above the span value by proving
instrument linearity beyond the span value established in paragraph
(k)(1) of this section using the following procedure. Conduct a weekly
``above span linearity'' calibration challenge of the monitoring system
using a reference gas with a certified value greater than your highest
expected hourly concentration or greater than 75 percent of
[[Page 434]]
the highest measured hourly concentration. The ``above span'' reference
gas must meet the requirements of PS 12A, Section 7.1 and must be
introduced to the measurement system at the probe. Record and report the
results of this procedure as you would for a daily calibration. The
``above span linearity'' challenge is successful if the value measured
by the Hg CEMS falls within 10 percent of the certified value of the
reference gas. If the value measured by the Hg CEMS during the above
span linearity challenge exceeds 10 percent of the
certified value of the reference gas, the monitoring system must be
evaluated and repaired and a new ``above span linearity'' challenge met
before returning the Hg CEMS to service, or data above span from the Hg
CEMS must be subject to the quality assurance procedures established in
paragraph (k)(2)(iii) of this section. In this manner all hourly average
values exceeding the span value measured by the Hg CEMS during the week
following the above span linearity challenge when the CEMS response
exceeds 20 percent of the certified value of the
reference gas must be normalized using Equation 22.
[GRAPHIC] [TIFF OMITTED] TR25JY18.105
(iii) Quality assure any data above the span value established in
paragraph (k)(1) of this section using the following procedure. Any time
two consecutive 1-hour average measured concentrations of Hg exceeds the
span value you must, within 24 hours before or after, introduce a
higher, ``above span'' Hg reference gas standard to the Hg CEMS. The
``above span'' reference gas must meet the requirements of PS 12A,
Section 7.1, must target a concentration level between 50 and 150
percent of the highest expected hourly concentration measured during the
period of measurements above span, and must be introduced at the probe.
While this target represents a desired concentration range that is not
always achievable in practice, it is expected that the intent to meet
this range is demonstrated by the value of the reference gas. Expected
values may include ``above span'' calibrations done before or after the
above span measurement period. Record and report the results of this
procedure as you would for a daily calibration. The ``above span''
calibration is successful if the value measured by the Hg CEMS is within
20 percent of the certified value of the reference gas. If the value
measured by the Hg CEMS exceeds 20 percent of the certified value of the
reference gas, then you must normalize the one-hour average stack gas
values measured above the span during the 24-hour period preceding or
following the ``above span'' calibration for reporting based on the Hg
CEMS response to the reference gas as shown in Equation 22. Only one
``above span'' calibration is needed per 24-hour period.
(3) You must operate and maintain each Hg CEMS or an integrated
sorbent trap monitoring system according to the quality assurance
requirements in Procedure 5 of appendix F to part 60 of this chapter.
During the RATA of integrated sorbent trap monitoring systems required
under Procedure 5, you may apply the appropriate exception for sorbent
trap section 2 breakthrough in (k)(3)(i) through (iv) of this section:
(i) For stack Hg concentrations 1 [micro]g/dscm, <=10% of
section 1 mass;
(ii) For stack Hg concentrations <=1 [micro]g/dscm and
0.5 [micro]g/dscm, <=20% of section 1 mass;
(iii) For stack Hg concentrations <=0.5 [micro]g/dscm and
0.1 [micro]g/dscm, <=50% of section 1 mass; and
(iv) For stack Hg concentrations <=0.1 [micro]g/dscm, no
breakthrough criterion assuming all other QA/QC specifications are met.
(4) Relative accuracy testing of mercury monitoring systems under PS
12A, PS 12B, or Procedure 5 must be conducted at normal operating
conditions. If a facility has an inline raw mill, the testing must occur
with the raw mill on.
[[Page 435]]
(5) If you use a Hg CEMS or an integrated sorbent trap monitoring
system, you must install, operate, calibrate, and maintain an instrument
for continuously measuring and recording the exhaust gas flow rate to
the atmosphere according to the requirements in paragraphs (n)(1)
through (10) of this section. If kiln gases are diverted through an
alkali bypass or to a coal mill and exhausted through separate stacks,
you must account for the mercury emitted from those stacks by following
the procedures in (k)(5)(i) through (iv) of this section:
(i) Develop a mercury hourly mass emissions rate by conducting
performance tests annually, within 11 to 13 calendar months after the
previous performance test, using Method 29, or Method 30B, to measure
the concentration of mercury in the gases exhausted from the alkali
bypass and coal mill.
(ii) On a continuous basis, determine the mass emissions of mercury
in lb/hr from the alkali bypass and coal mill exhausts by using the
mercury hourly emissions rate and the exhaust gas flow rate to calculate
hourly mercury emissions in lb/hr.
(iii) Sum the hourly mercury emissions from the kiln, alkali bypass
and coal mill to determine total mercury emissions. Using hourly clinker
production, calculate the hourly emissions rate in pounds per ton of
clinker to determine your 30 day rolling average.
(iv) If mercury emissions from the coal mill and alkali bypass are
below the method detection limit for two consecutive annual performance
tests, you may reduce the frequency of the performance tests of coal
mills and alkali bypasses to once every 30 months. If the measured
mercury concentration exceeds the method detection limit, you must
revert to testing annually until two consecutive annual tests are below
the method detection limit.
(6) If you operate an integrated sorbent trap monitoring system
conforming to PS 12B, you may use a monitoring period at least 24 hours
but no longer than 168 hours in length. You should use a monitoring
period that is a multiple of 24 hours (except during relative accuracy
testing as allowed in PS 12B).
(l) HCl Monitoring Requirements. If you are subject to an emissions
limitation on HCl emissions in Sec. 63.1343, you must monitor HCl
emissions continuously according to paragraph (l)(1) or (2) and
paragraphs (m)(1) through (4) of this section or, if your kiln is
controlled using a wet or dry scrubber or tray tower, you alternatively
may parametrically monitor SO2 emissions continuously
according to paragraph (l)(3) of this section. You must also develop an
emissions monitoring plan in accordance with paragraphs (p)(1) through
(4) of this section.
(1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification (PS) 15 or PS 18 of appendix B to part 60 of this chapter,
or, upon promulgation, in accordance with any other performance
specification for HCl CEMS in appendix B to part 60 of this chapter. You
must operate, maintain, and quality assure a HCl CEMS installed and
certified under PS 15 according to the quality assurance requirements in
Procedure 1 of appendix F to part 60 of this chapter except that the
Relative Accuracy Test Audit requirements of Procedure 1 must be
replaced with the validation requirements and criteria of sections
11.1.1 and 12.0 of PS 15. If you choose to install and operate an HCl
CEMS in accordance with PS 18, you must operate, maintain, and quality
assure the HCl CEMS using the associated Procedure 6 of appendix F to
part 60 of this chapter. For any performance specification that you use,
you must use Method 321 of appendix A to this part as the reference test
method for conducting relative accuracy testing. The span value and
calibration requirements in paragraphs (l)(1)(i) and (ii) of this
section apply to HCl CEMS other than those installed and certified under
PS 15 or PS 18.
(i) You must use a measurement span value for any HCl CEMS of 0-10
ppmvw unless the monitor is installed on a kiln without an inline raw
mill. Kilns without an inline raw mill may use a higher span value
sufficient to quantify all expected emissions concentrations. The HCl
CEMS data recorder output range must include the full range of expected
HCl concentration values which
[[Page 436]]
would include those expected during ``mill off'' conditions. The
corresponding data recorder range shall be documented in the site-
specific monitoring plan and associated records.
(ii) In order to quality assure data measured above the span value,
you must use one of the three options in paragraphs (l)(1)(ii)(A)
through (C) of this section.
(A) Include a second span that encompasses the HCl emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5 ppm of
total HCl. The requirements of the appropriate HCl monitor performance
specification shall be followed for this second span with the exception
that a RATA with the mill off is not required.
(B) Quality assure any data above the span value by proving
instrument linearity beyond the span value established in paragraph
(l)(1)(i) of this section using the following procedure. Conduct a
weekly ``above span linearity'' calibration challenge of the monitoring
system using a reference gas with a certified value greater than your
highest expected hourly concentration or greater than 75 percent of the
highest measured hourly concentration. The ``above span'' reference gas
must meet the requirements of the applicable performance specification
and must be introduced to the measurement system at the probe. Record
and report the results of this procedure as you would for a daily
calibration. The ``above span linearity'' challenge is successful if the
value measured by the HCl CEMS falls within 10 percent of the certified
value of the reference gas. If the value measured by the HCl CEMS during
the above span linearity challenge exceeds 10 percent of the certified
value of the reference gas, the monitoring system must be evaluated and
repaired and a new ``above span linearity'' challenge met before
returning the HCl CEMS to service, or data above span from the HCl CEMS
must be subject to the quality assurance procedures established in
paragraph (l)(1)(ii)(D) of this section. Any HCl CEMS above span
linearity challenge response exceeding 20 percent
of the certified value of the reference gas requires that all above span
hourly averages during the week following the above span linearity
challenge must be normalized using Equation 23.
(C) Quality assure any data above the span value established in
paragraph (l)(1)(i) of this section using the following procedure. Any
time two consecutive one-hour average measured concentration of HCl
exceeds the span value you must, within 24 hours before or after,
introduce a higher, ``above span'' HCl reference gas standard to the HCl
CEMS. The ``above span'' reference gas must meet the requirements of the
applicable performance specification and target a concentration level
between 50 and 150 percent of the highest expected hourly concentration
measured during the period of measurements above span, and must be
introduced at the probe. While this target represents a desired
concentration range that is not always achievable in practice, it is
expected that the intent to meet this range is demonstrated by the value
of the reference gas. Expected values may include above span
calibrations done before or after the above-span measurement period.
Record and report the results of this procedure as you would for a daily
calibration. The ``above span'' calibration is successful if the value
measured by the HCl CEMS is within 20 percent of the certified value of
the reference gas. If the value measured by the HCl CEMS is not within
20 percent of the certified value of the reference gas, then you must
normalize the stack gas values measured above span as described in
paragraph (l)(1)(ii)(D) of this section.
(D) In the event that the ``above span'' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during the
24-hour period preceding or following the `above span' calibration for
reporting based on the HCl CEMS response to the reference gas as shown
in Equation 23:
[[Page 437]]
[GRAPHIC] [TIFF OMITTED] TR27JY15.033
Only one ``above span'' calibration is needed per 24-hour period.
(2) Install, operate, and maintain a CMS to monitor wet scrubber or
tray tower parameters, as specified in paragraphs (m)(5) and (7) of this
section, and dry scrubber, as specified in paragraph (m)(9) of this
section.
(3) If the source is equipped with a wet or dry scrubber or tray
tower, and you choose to monitor SO2 emissions, monitor
SO2 emissions continuously according to the requirements of
Sec. 60.63(e) and (f) of this chapter. If SO2 levels
increase above the 30-day rolling average SO2 operating limit
established during your performance test by 10 percent or more, you
must:
(i) As soon as possible but no later than 30 days after you exceed
the established SO2 value conduct an inspection and take
corrective action to return the SO2 emissions to within the
operating limit; and
(ii) Within 90 days of the exceedance or at the time of the next
compliance test, whichever comes first, conduct an HCl emissions
compliance test to determine compliance with the HCl emissions limit and
to verify or re-establish the SO2 CEMS operating limit.
(4) If you monitor continuous performance through the use of an HCl
CPMS according to paragraphs (b)(6)(v)(A) through (H) of Sec. 63.1349,
for any exceedance of the 30 kiln operating day HCl CPMS average value
from the established operating limit, you must:
(i) Within 48 hours of the exceedance, visually inspect the APCD;
(ii) If inspection of the APCD identifies the cause of the
exceedance, take corrective action as soon as possible and return the
HCl CPMS measurement to within the established value; and
(iii) Within 30 days of the exceedance or at the time of the annual
compliance test, whichever comes first, conduct an HCl emissions
compliance test to determine compliance with the HCl emissions limit and
to verify or reestablish the HCl CPMS operating limit within 45 days.
You are not required to conduct additional testing for any exceedances
that occur between the time of the original exceedance and the HCl
emissions compliance test required under this paragraph.
(iv) HCl CPMS exceedances leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a presumptive violation of this subpart.
(m) Parameter monitoring requirements. If you have an operating
limit that requires the use of a CMS, you must install, operate, and
maintain each continuous parameter monitoring system (CPMS) according to
the procedures in paragraphs (m)(1) through (4) of this section by the
compliance date specified in Sec. 63.1351. You must also meet the
applicable specific parameter monitoring requirements in paragraphs
(m)(5) through (11) that are applicable to you.
(1) The CMS must complete a minimum of one cycle of operation for
each successive 15-minute period. You must have a minimum of four
successive cycles of operation to have a valid hour of data.
(2) You must conduct all monitoring in continuous operation at all
times that the unit is operating.
(3) Determine the 1-hour block average of all recorded readings.
(4) Record the results of each inspection, calibration, and
validation check.
(5) Liquid flow rate monitoring requirements. If you have an
operating limit that requires the use of a flow measurement device, you
must meet the requirements in paragraphs (m)(5)(i) through (iv) of this
section.
(i) Locate the flow sensor and other necessary equipment in a
position that provides a representative flow.
[[Page 438]]
(ii) Use a flow sensor with a measurement sensitivity of 2 percent
of the flow rate.
(iii) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(iv) Conduct a flow sensor calibration check at least semiannually.
(6) Specific pressure monitoring requirements. If you have an
operating limit that requires the use of a pressure measurement device,
you must meet the requirements in paragraphs (m)(6)(i) through (vi) of
this section.
(i) Locate the pressure sensor(s) in a position that provides a
representative measurement of the pressure.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Use a gauge with a minimum tolerance of 1.27 centimeters of
water or a transducer with a minimum tolerance of 1 percent of the
pressure range.
(iv) Check pressure tap pluggage daily.
(v) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(vi) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(7) Specific pH monitoring requirements. If you have an operating
limit that requires the use of a pH measurement device, you must meet
the requirements in paragraphs (m)(7)(i) through (iii) of this section.
(i) Locate the pH sensor in a position that provides a
representative measurement of wet scrubber or tray tower effluent pH.
(ii) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(iii) Check the pH meter's calibration on at least two points every
8 hours of process operation.
(8) [Reserved]
(9) Mass flow rate (for sorbent injection) monitoring requirements.
If you have an operating limit that requires the use of equipment to
monitor sorbent injection rate (e.g., weigh belt, weigh hopper, or
hopper flow measurement device), you must meet the requirements in
paragraphs (m)(9)(i) through (iii) of this section. These requirements
also apply to the sorbent injection equipment of a dry scrubber.
(i) Locate the device in a position(s) that provides a
representative measurement of the total sorbent injection rate.
(ii) Install and calibrate the device in accordance with
manufacturer's procedures and specifications.
(iii) At least annually, calibrate the device in accordance with the
manufacturer's procedures and specifications.
(10) Bag leak detection monitoring requirements. If you elect to use
a fabric filter bag leak detection system to comply with the
requirements of this subpart, you must install, calibrate, maintain, and
continuously operate a BLDS as specified in paragraphs (m)(10)(i)
through (viii) of this section.
(i) You must install and operate a BLDS for each exhaust stack of
the fabric filter.
(ii) Each BLDS must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations and in accordance with the guidance
provided in EPA-454/R-98-015, September 1997.
(iii) The BLDS must be certified by the manufacturer to be capable
of detecting PM emissions at concentrations of 10 or fewer milligrams
per actual cubic meter.
(iv) The BLDS sensor must provide output of relative or absolute PM
loadings.
(v) The BLDS must be equipped with a device to continuously record
the output signal from the sensor.
(vi) The BLDS must be equipped with an alarm system that will alert
an operator automatically when an increase in relative PM emissions over
a preset level is detected. The alarm must be located such that the
alert is detected and recognized easily by an operator.
(vii) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a BLDS must be installed in
each baghouse compartment or cell.
(viii) Where multiple bag leak detectors are required, the system's
instrumentation and alarm may be shared among detectors.
[[Page 439]]
(11) For each BLDS, the owner or operator must initiate procedures
to determine the cause of every alarm within 8 hours of the alarm. The
owner or operator must alleviate the cause of the alarm within 24 hours
of the alarm by taking whatever corrective action(s) are necessary.
Corrective actions may include, but are not limited to the following:
(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 PM
emissions;
(ii) Sealing off defective bags or filter media;
(iii) Replacing defective bags or filter media or otherwise
repairing the control device;
(iv) Sealing off a defective fabric filter compartment;
(v) Cleaning the BLDS probe or otherwise repairing the BLDS; or
(vi) Shutting down the process producing the PM emissions.
(n) Continuous Flow Rate Monitoring System. You must install,
operate, calibrate, and maintain instruments, according to the
requirements in paragraphs (n)(1) through (10) of this section, for
continuously measuring and recording the stack gas flow rate to allow
determination of the pollutant mass emissions rate to the atmosphere
from sources subject to an emissions limitation that has a pounds per
ton of clinker unit and that is required to be monitored by a CEMS.
(1) You must install each sensor of the flow rate monitoring system
in a location that provides representative measurement of the exhaust
gas flow rate at the sampling location of the mercury CEMS, taking into
account the manufacturer's recommendations. The flow rate sensor is that
portion of the system that senses the volumetric flow rate and generates
an output proportional to that flow rate.
(2) The flow rate monitoring system must be designed to measure the
exhaust flow rate over a range that extends from a value of at least 20
percent less than the lowest expected exhaust flow rate to a value of at
least 20 percent greater than the highest expected exhaust flow rate.
(3) [Reserved]
(4) The flow rate monitoring system must be equipped with a data
acquisition and recording system that is capable of recording values
over the entire range specified in paragraph (n)(2) of this section.
(5) The signal conditioner, wiring, power supply, and data
acquisition and recording system for the flow rate monitoring system
must be compatible with the output signal of the flow rate sensors used
in the monitoring system.
(6) The flow rate monitoring system must be designed to complete a
minimum of one cycle of operation for each successive 15-minute period.
(7) The flow rate sensor must have provisions to determine the daily
zero and upscale calibration drift (CD) (see sections 3.1 and 8.3 of
Performance Specification 2 in appendix B to Part 60 of this chapter for
a discussion of CD).
(i) Conduct the CD tests at two reference signal levels, zero (e.g.,
0 to 20 percent of span) and upscale (e.g., 50 to 70 percent of span).
(ii) The absolute value of the difference between the flow monitor
response and the reference signal must be equal to or less than 3
percent of the flow monitor span.
(8) You must perform an initial relative accuracy test of the flow
rate monitoring system according to Section 8.2 of Performance
Specification 6 of appendix B to part 60 of the chapter with the
exceptions in paragraphs (n)(8)(i) and (n)(8)(ii) of this section.
(i) The relative accuracy test is to evaluate the flow rate
monitoring system alone rather than a continuous emission rate
monitoring system.
(ii) The relative accuracy of the flow rate monitoring system shall
be no greater than 10 percent of the mean value of the reference method
data.
(9) You must verify the accuracy of the flow rate monitoring system
at least once per year by repeating the relative accuracy test specified
in paragraph (n)(8).
(10) You must operate the flow rate monitoring system and record
data during all periods of operation of the affected facility including
periods of startup, shutdown, and malfunction, except for periods of
monitoring system malfunctions, repairs associated with monitoring
system malfunctions,
[[Page 440]]
and required monitoring system quality assurance or quality control
activities (including, as applicable, calibration checks and required
zero and span adjustments).
(o) Alternate monitoring requirements approval. You may submit an
application to the Administrator for approval of alternate monitoring
requirements to demonstrate compliance with the emission standards of
this subpart subject to the provisions of paragraphs (o)(1) through (6)
of this section.
(1) The Administrator will not approve averaging periods other than
those specified in this section, unless you document, using data or
information, that the longer averaging period will ensure that emissions
do not exceed levels achieved during the performance test over any
increment of time equivalent to the time required to conduct three runs
of the performance test.
(2) If the application to use an alternate monitoring requirement is
approved, you must continue to use the original monitoring requirement
until approval is received to use another monitoring requirement.
(3) You must submit the application for approval of alternate
monitoring requirements no later than the notification of performance
test. The application must contain the information specified in
paragraphs (o)(3)(i) through (iii) of this section:
(i) Data or information justifying the request, such as the
technical or economic infeasibility, or the impracticality of using the
required approach;
(ii) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach and technique, the averaging period for the limit,
and how the limit is to be calculated; and
(iii) Data or information documenting that the alternative
monitoring requirement would provide equivalent or better assurance of
compliance with the relevant emission standard.
(4) The Administrator will notify you of the approval or denial of
the application within 90 calendar days after receipt of the original
request, or within 60 calendar days of the receipt of any supplementary
information, whichever is later. The Administrator will not approve an
alternate monitoring application unless it would provide equivalent or
better assurance of compliance with the relevant emission standard.
Before disapproving any alternate monitoring application, the
Administrator will provide:
(i) Notice of the information and findings upon which the intended
disapproval is based; and
(ii) Notice of opportunity for you to present additional supporting
information before final action is taken on the application. This notice
will specify how much additional time is allowed for you to provide
additional supporting information.
(5) You are responsible for submitting any supporting information in
a timely manner to enable the Administrator to consider the application
prior to the performance test. Neither submittal of an application, nor
the Administrator's failure to approve or disapprove the application
relieves you of the responsibility to comply with any provision of this
subpart.
(6) The Administrator may decide at any time, on a case-by-case
basis that additional or alternative operating limits, or alternative
approaches to establishing operating limits, are necessary to
demonstrate compliance with the emission standards of this subpart.
(p) Development and submittal (upon request) of monitoring plans. If
you demonstrate compliance with any applicable emissions limit through
performance stack testing or other emissions monitoring, you must
develop a site-specific monitoring plan according to the requirements in
paragraphs (p)(1) through (4) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under paragraph (o) of this section and Sec.
63.8(f). If you use a BLDS, you must also meet the requirements
specified in paragraph (p)(5) of this section.
(1) For each CMS required in this section, you must develop, and
submit to the permitting authority for approval upon request, a site-
specific monitoring plan that addresses paragraphs (p)(1)(i) through
(iii) of this section. You must submit this site-specific
[[Page 441]]
monitoring plan, if requested, at least 30 days before your initial
performance evaluation of your CMS.
(i) Installation of the CMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
(ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction systems; and
(iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
(2) In your site-specific monitoring plan, you must also address
paragraphs (p)(2)(i) through (iii) of this section.
(i) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. 63.8(c)(1), (c)(3), and (c)(4)(ii);
(ii) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d); and
(iii) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
(3) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(4) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.
(5) BLDS monitoring plan. Each monitoring plan must describe the
items in paragraphs (p)(5)(i) through (v) of this section. At a minimum,
you must retain records related to the site-specific monitoring plan and
information discussed in paragraphs (m)(1) through (4), (m)(10) and (11)
of this section for a period of 5 years, with at least the first 2 years
on-site;
(i) Installation of the BLDS;
(ii) Initial and periodic adjustment of the BLDS, including how the
alarm set-point will be established;
(iii) Operation of the BLDS, including quality assurance procedures;
(iv) How the BLDS will be maintained, including a routine
maintenance schedule and spare parts inventory list;
(v) How the BLDS output will be recorded and stored.
[75 FR 55059, Sept. 9, 2010, as amended at 76 FR 2836, Jan. 18, 2011; 78
FR 10048, Feb. 12, 2013; 80 FR 44788, July 27, 2015; 80 FR 54729, Sept.
11, 2015; 81 FR 48361, July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR
39673, Aug. 22, 2017; 83 FR 35133, July 25, 2018]
Sec. 63.1351 Compliance dates.
(a) The compliance date for any affected existing source subject to
any rule requirements that were in effect before December 20, 2006, is:
(1) June 14, 2002, for sources that commenced construction before or
on March 24, 1998, or
(2) June 14, 1999 or startup for sources that commenced construction
after March 24, 1998.
(b) The compliance date for any affected existing source subject to
any rule requirements that became effective on December 20, 2006, is:
(1) December 21, 2009, for sources that commenced construction after
December 2, 2005 and before or on December 20, 2006, or
(2) Startup for sources that commenced construction after December
20, 2006.
(c) The compliance date for existing sources for all the
requirements that became effective on February 12, 2013, except for the
open clinker pile requirements will be September 9, 2015.
(d) The compliance date for new sources is February 12, 2013, or
startup, whichever is later.
(e) The compliance date for existing sources with the requirements
for open clinker storage piles in Sec. 63.1343(c) is February 12, 2014.
[76 FR 2836, Jan. 18, 2011, as amended at 78 FR 10053, Feb. 12, 2013]
Sec. 63.1352 Additional test methods.
(a) If you are conducting tests to determine the rates of emission
of HCl from kilns and associated bypass stacks at portland cement
manufacturing facilities, for use in applicability determinations under
Sec. 63.1340, you may use Method 320 or Method 321 of appendix A of
this part.
[[Page 442]]
(b) Owners or operators conducting tests to determine the rates of
emission of specific organic HAP from raw material dryers, and kilns at
Portland cement manufacturing facilities, solely for use in
applicability determinations under Sec. 63.1340 of this subpart are
permitted to use Method 320 of appendix A to this part, or Method 18 of
appendix A to part 60 of this chapter.
[75 FR 55063, Sept. 9, 2010, as amended at 78 FR 10053, Feb. 12, 2013]
Notification, Reporting and Recordkeeping
Sec. 63.1353 Notification requirements.
(a) The notification provisions of 40 CFR part 63, subpart A 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.
If any State requires a notice that contains all of the information
required in a notification listed in this section, the owner or operator
may send the Administrator a copy of the notice sent to the State to
satisfy the requirements of this section for that notification.
(b) Each owner or operator subject to the requirements of this
subpart shall comply with the notification requirements in Sec. 63.9 as
follows:
(1) Initial notifications as required by Sec. 63.9(b) through (d).
For the purposes of this subpart, a Title V or 40 CFR 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. Permit applications shall be submitted by the
same due dates as those specified for the initial notification.
(2) Notification of performance tests, as required by Sec. Sec.
63.7 and 63.9(e).
(3) Notification of opacity and visible emission observations
required by Sec. 63.1349 in accordance with Sec. Sec. 63.6(h)(5) and
63.9(f).
(4) Notification, as required by Sec. 63.9(g), of the date that the
continuous emission monitor performance evaluation required by Sec.
63.8(e) is scheduled to begin.
(5) Notification of compliance status, as required by Sec. 63.9(h).
(6) Within 48 hours of an exceedance that triggers retesting to
establish compliance and new operating limits, notify the appropriate
permitting agency of the planned performance tests. The notification
requirements of Sec. Sec. 63.7(b) and 63.9(e) do not apply to retesting
required for exceedances under this subpart.
[64 FR 31925, June 14, 1999, as amended at 78 FR 10053, Feb. 12, 2013]
Sec. 63.1354 Reporting requirements.
(a) The reporting provisions of subpart A of this part that apply
and those that do not apply to owners or operators of affected sources
subject to this subpart are listed in Table 1 of this subpart. If any
State requires a report that contains all of the information required in
a report listed in this section, the owner or operator may send the
Administrator a copy of the report sent to the State to satisfy the
requirements of this section for that report.
(b) The owner or operator of an affected source shall comply with
the reporting requirements specified in Sec. 63.10 of the general
provisions of this part 63, subpart A as follows:
(1) As required by Sec. 63.10(d)(2), the owner or operator shall
report the results of performance tests as part of the notification of
compliance status.
(2) As required by Sec. 63.10(d)(3), the owner or operator of an
affected source shall report the opacity results from tests required by
Sec. 63.1349.
(3) As required by Sec. 63.10(d)(4), the owner or operator of an
affected source who is required to submit progress reports as a
condition of receiving an extension of compliance under Sec. 63.6(i)
shall submit such reports by the dates specified in the written
extension of compliance.
(4)-(5) [Reserved]
(6) As required by Sec. 63.10(e)(2), the owner or operator shall
submit a written report of the results of the performance evaluation for
the continuous monitoring system required by Sec. 63.8(e). The owner or
operator shall submit the
[[Page 443]]
report simultaneously with the results of the performance test.
(7) As required by Sec. 63.10(e)(2), the owner or operator of an
affected source using a continuous opacity monitoring system to
determine opacity compliance during any performance test required under
Sec. 63.7 and described in Sec. 63.6(d)(6) shall report the results of
the continuous opacity monitoring system performance evaluation
conducted under Sec. 63.8(e).
(8) As required by Sec. 63.10(e)(3), the owner or operator of an
affected source equipped with a continuous emission monitor shall submit
an excess emissions and continuous monitoring system performance report
for any event when the continuous monitoring system data indicate the
source is not in compliance with the applicable emission limitation or
operating parameter limit.
(9) The owner or operator shall submit a summary report semiannually
within 60 days of the reporting period to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
You must use the appropriate electronic report in CEDRI for this
subpart. Instead of using the electronic report in CEDRI for this
subpart, you may submit an alternate electronic file consistent with the
extensible markup language (XML) schema listed on the CEDRI website
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-
emissions-data-reporting-interface-cedri), once the XML schema is
available. If the reporting form specific to this subpart is not
available in CEDRI at the time that the report is due, you must submit
the report the Administrator at the appropriate address listed in Sec.
63.13. You must begin submitting reports via CEDRI no later than 90 days
after the form becomes available in CEDRI. The excess emissions and
summary reports must be submitted no later than 60 days after the end of
the reporting period, regardless of the method in which the reports are
submitted. The report must contain the information specified in Sec.
63.10(e)(3)(vi). In addition, the summary report shall include:
(i) All exceedances of maximum control device inlet gas temperature
limits specified in Sec. 63.1346(a) and (b);
(ii) Notification of any failure to calibrate thermocouples and
other temperature sensors as required under Sec. 63.1350(g)(1)(iii) of
this subpart; and
(iii) Notification of any failure to maintain the activated carbon
injection rate, and the activated carbon injection carrier gas flow rate
or pressure drop, as applicable, as required under Sec. 63.1346(c)(2).
(iv) Notification of failure to conduct any combustion system
component inspections conducted within the reporting period as required
under Sec. 63.1347(a)(3).
(v) Any and all failures to comply with any provision of the
operation and maintenance plan developed in accordance with Sec.
63.1347(a).
(vi) For each PM CPMS, HCl, Hg, and THC CEMS, SO2 CEMS,
or Hg sorbent trap monitoring system, within 60 days after the reporting
periods, you must report all of the calculated 30-operating day rolling
average values derived from the CPMS, CEMS, CMS, or Hg sorbent trap
monitoring systems.
(vii) In response to each violation of an emissions standard or
established operating parameter limit, the date, duration and
description of each violation and the specific actions taken for each
violation including inspections, corrective actions and repeat
performance tests and the results of those actions.
(10) If the total continuous monitoring system downtime for any CEM
or any CMS for the reporting period is 10 percent or greater of the
total operating time for the reporting period, the owner or operator
shall submit an excess emissions and continuous monitoring system
performance report along with the summary report.
(11)(i) You must submit the information specified in paragraphs
(b)(11)(i)(A) and (B) of this section no later than 60 days following
the initial performance test. All reports must be signed by a
responsible official.
(A) The initial performance test data as recorded under Sec.
63.1349(a).
(B) The values for the site-specific operating limits or parameters
established pursuant to Sec. 63.1349(b)(1), (3), (6),
[[Page 444]]
(7), and (8), as applicable, and a description, including sample
calculations, of how the operating parameters were established during
the initial performance test.
(C) As of December 31, 2011, and within 60 days after the date of
completing each performance evaluation or test, as defined in Sec.
63.2, conducted to demonstrate compliance with any standard covered by
this subpart, you must submit the relative accuracy test audit data and
performance test data, except opacity data, to the EPA by successfully
submitting the data electronically via CEDRI and by using the Electronic
Reporting Tool (ERT) (see https://www.epa.gov/electronic-reporting-air-
emissions/electronic-reporting-tool-ert). For any performance
evaluations with no corresponding RATA pollutants listed on the ERT
website, you must submit the results of the performance evaluation to
the Administrator at the appropriate address listed in Sec. 63.13.
(ii) For PM performance test reports used to set a PM CPMS operating
limit, the electronic submission of the test report must also include
the make and model of the PM CPMS instrument, serial number of the
instrument, analytical principle of the instrument (e.g. beta
attenuation), span of the instruments primary analytical range, milliamp
value equivalent to the instrument zero output, technique by which this
zero value was determined, and the average milliamp signals
corresponding to each PM compliance test run.
(12) All reports required by this subpart not subject to the
requirements in paragraphs (b)(9) introductory text and (b)(11)(i) of
this section must be sent to the Administrator at the appropriate
address listed in Sec. 63.13. The Administrator or the delegated
authority may request a report in any form suitable for the specific
case (e.g., by commonly used electronic media such as Excel spreadsheet,
on CD or hard copy). The Administrator retains the right to require
submittal of reports subject to paragraphs (b)(9) introductory text and
(b)(11)(i) of this section in paper format.
(c) For each failure to meet a standard or emissions limit caused by
a malfunction at an affected source, you must report the failure in the
semi-annual compliance report required by Sec. 63.1354(b)(9). The
report must contain the date, time and duration, and the cause of each
event (including unknown cause, if applicable), and a sum of the number
of events in the reporting period. The report must list for each event
the affected source or equipment, an estimate of the amount of each
regulated pollutant emitted over the emission limit for which the source
failed to meet a standard, and a description of the method used to
estimate the emissions. 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.
63.1348(d), including actions taken to correct a malfunction.
[64 FR 31925, June 14, 1999, as amended at 75 FR 55063, Sept. 9, 2010;
78 FR 10053, Feb. 12, 2013; 80 FR 44790, July 27, 2015; 83 FR 35135,
July 25, 2018]
Sec. 63.1355 Recordkeeping requirements.
(a) The owner or operator shall maintain files of all information
(including all reports and notifications) required by this section
recorded in a form suitable and readily available for inspection and
review as required by Sec. 63.10(b)(1). The files shall be retained for
at least five years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record. At a minimum, the
most recent two years of data shall be retained on site. The remaining
three years of data may be retained off site. The files may be
maintained on microfilm, on a computer, on floppy disks, on magnetic
tape, or on microfiche.
(b) The owner or operator shall maintain records for each affected
source as required by Sec. 63.10(b)(2) and (b)(3) of this part; and
(1) All documentation supporting initial notifications and
notifications of compliance status under Sec. 63.9;
(2) All records of applicability determination, including supporting
analyses; and
(3) If the owner or operator has been granted a waiver under Sec.
63.8(f)(6), any information demonstrating whether a source is meeting
the requirements for
[[Page 445]]
a waiver of recordkeeping or reporting requirements.
(c) In addition to the recordkeeping requirements in paragraph (b)
of this section, the owner or operator of an affected source equipped
with a continuous monitoring system shall maintain all records required
by Sec. 63.10(c).
(d) [Reserved]
(e) You must keep records of the daily clinker production rates
according to the clinker production monitoring requirements in Sec.
63.1350(d).
(f) You must keep records of the date, time and duration of each
startup or shutdown period for any affected source that is subject to a
standard during startup or shutdown that differs from the standard
applicable at other times, and the quantity of feed and fuel used during
the startup or shutdown period.
(g)(1) You must keep records of the date, time and duration of each
malfunction that causes an affected source to fail to meet an applicable
standard; if there was also a monitoring malfunction, the date, time and
duration of the monitoring malfunction; the record must list the
affected source or equipment, an estimate of the volume of each
regulated pollutant emitted over the standard for which the source
failed to meet a standard, and a description of the method used to
estimate the emissions.
(2) You must keep records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec. 63.1348(d)
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual manner
of operation.
(h) For each exceedance from an emissions standard or established
operating parameter limit, you must keep records of the date, duration
and description of each exceedance and the specific actions taken for
each exceedance including inspections, corrective actions and repeat
performance tests and the results of those actions.
[64 FR 31925, June 14, 1999, as amended at 71 FR 76552, Dec. 20, 2006;
75 FR 55064, Sept. 9, 2010; 78 FR 10053, Feb. 12, 2013; 80 FR 44791,
July 27, 2015; 81 FR 48362, July 25, 2016; 83 FR 35135, July 25, 2018]
Other
Sec. 63.1356 Sources with multiple emissions limit or monitoring
requirements.
If you have an affected source subject to this subpart with a
different emissions limit or requirement for the same pollutant under
another regulation in title 40 of this chapter, once you are in
compliance with the most stringent emissions limit or requirement, you
are not subject to the less stringent requirement. Until you are in
compliance with the more stringent limit, the less stringent limit
continues to apply.
[80 FR 44791, July 27, 2015]
Sec. 63.1357 [Reserved]
Sec. 63.1358 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1340, 63.1342 through 63.1348, and 63.1351.
(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 446]]
(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 37359, June 23, 2003]
Sec. 63.1359 [Reserved]
Sec. Table 1 to Subpart LLL of Part 63--Applicability of General
Provisions
----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to subpart LLL Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(4)....................... Applicability.......... Yes....................
63.1(a)(5)........................... ....................... No..................... [Reserved].
63.1(a)(6)-(8)....................... Applicability.......... Yes....................
63.1(a)(9)........................... ....................... No..................... [Reserved].
63.1(a)(10)-(14)..................... Applicability.......... Yes....................
63.1(b)(1)........................... Initial Applicability No..................... Sec. 63.1340
Determination. specifies
applicability.
63.1(b)(2)-(3)....................... Initial Applicability Yes....................
Determination.
63.1(c)(1)........................... Applicability After Yes....................
Standard Established.
63.1(c)(2)........................... Permit Requirements.... Yes.................... Area sources must
obtain Title V
permits.
63.1(c)(3)........................... ....................... No..................... [Reserved].
63.1(c)(4)-(5)....................... Extensions, Yes....................
Notifications.
63.1(d).............................. ....................... No..................... [Reserved].
63.1(e).............................. Applicability of Permit Yes....................
Program.
63.2................................. Definitions............ Yes.................... Additional definitions
in Sec. 63.1341.
63.3(a)-(c).......................... Units and Abbreviations Yes....................
63.4(a)(1)-(3)....................... Prohibited Activities.. Yes....................
63.4(a)(4)........................... ....................... No..................... [Reserved].
63.4(a)(5)........................... Compliance date........ Yes....................
63.4(b)-(c).......................... Circumvention, Yes....................
Severability.
63.5(a)(1)-(2)....................... Construction/ Yes....................
Reconstruction.
63.5(b)(1)........................... Compliance Dates....... Yes....................
63.5(b)(2)........................... ....................... No..................... [Reserved].
63.5(b)(3)-(6)....................... Construction Approval, Yes....................
Applicability.
63.5(c).............................. ....................... No..................... [Reserved].
63.5(d)(1)-(4)....................... Approval of Yes....................
Construction/
Reconstruction.
63.5(e).............................. Approval of Yes....................
Construction/
Reconstruction.
63.5(f)(1)-(2)....................... Approval of Yes....................
Construction/
Reconstruction.
63.6(a).............................. Compliance for Yes....................
Standards and
Maintenance.
63.6(b)(1)-(5)....................... Compliance Dates....... Yes....................
63.6(b)(6)........................... ....................... No..................... [Reserved].
63.6(b)(7)........................... Compliance Dates....... Yes....................
63.6(c)(1)-(2)....................... Compliance Dates....... Yes....................
63.6(c)(3)-(4)....................... ....................... No..................... [Reserved].
63.6(c)(5)........................... Compliance Dates....... Yes....................
63.6(d).............................. ....................... No..................... [Reserved].
63.6(e)(1)-(2)....................... Operation & Maintenance No..................... See Sec. 63.1348(d)
for general duty
requirement. Any
reference to Sec.
63.6(e)(1)(i) in other
General Provisions or
in this subpart is to
be treated as a cross-
reference to Sec.
63.1348(d).
63.6(e)(3)........................... Startup, Shutdown No..................... Your operations and
Malfunction Plan. maintenance plan must
address periods of
startup and shutdown.
See Sec.
63.1347(a)(1).
63.6(f)(1)........................... Compliance with No..................... Compliance obligations
Emission Standards. specified in subpart
LLL.
63.6(f)(2)-(3)....................... Compliance with Yes....................
Emission Standards.
63.6(g)(1)-(3)....................... Alternative Standard... Yes....................
[[Page 447]]
63.6(h)(1)........................... Opacity/VE Standards... No..................... Compliance obligations
specified in subpart
LLL.
63.6(h)(2)........................... Opacity/VE Standards... Yes....................
63.6(h)(3)........................... ....................... No..................... [Reserved].
63.6(h)(4)-(h)(5)(i)................. Opacity/VE Standards... Yes....................
63.6(h)(5)(ii)-(iv).................. Opacity/VE Standards... No..................... Test duration specified
in subpart LLL.
63.6(h)(6)........................... Opacity/VE Standards... Yes....................
63.6(h)(7)........................... Opacity/VE Standards... Yes....................
63.6(i)(1)-(14)...................... Extension of Compliance Yes....................
63.6(i)(15).......................... ....................... No..................... [Reserved].
63.6(i)(16).......................... Extension of Compliance Yes....................
63.6(j).............................. Exemption from Yes....................
Compliance.
63.7(a)(1)-(3)....................... Performance Testing Yes.................... Sec. 63.1349 has
Requirements. specific requirements.
63.7(b).............................. Notification period.... Yes.................... Except for repeat
performance test
caused by an
exceedance. See Sec.
63.1353(b)(6).
63.7(c).............................. Quality Assurance/Test Yes....................
Plan.
63.7(d).............................. Testing Facilities..... Yes....................
63.7(e)(1)........................... Conduct of Tests....... No..................... See Sec. 63.1349(e).
Any reference to
63.7(e)(1) in other
General Provisions or
in this subpart is to
be treated as a cross-
reference to Sec.
63.1349(e).
63.7(e)(2)-(4)....................... Conduct of tests....... Yes....................
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....................
63.8(a)(2)........................... Monitoring............. No..................... Sec. 63.1350 includes
CEMS requirements.
63.8(a)(3)........................... ....................... No..................... [Reserved].
63.8(a)(4)........................... Monitoring............. No..................... Flares not applicable.
63.8(b)(1)-(3)....................... Conduct of Monitoring.. Yes....................
63.8(c)(1)-(8)....................... CMS Operation/ Yes.................... Temperature and
Maintenance. activated carbon
injection monitoring
data reduction
requirements given in
subpart LLL.
63.8(d).............................. Quality Control........ Yes, except for the
reference to the SSM
Plan in the last
sentence.
63.8(e).............................. Performance Evaluation Yes....................
for CMS.
63.8(f)(1)-(5)....................... Alternative Monitoring Yes.................... Additional requirements
Method. in Sec. 63.1350(l).
63.8(f)(6)........................... Alternative to RATA Yes....................
Test.
63.8(g).............................. Data Reduction......... Yes....................
63.9(a).............................. Notification Yes....................
Requirements.
63.9(b)(1)-(5)....................... 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.................... Except for repeat
performance test. performance test
caused by an
exceedance. See Sec.
63.1353(b)(6).
63.9(f).............................. Notification of VE/ Yes.................... Notification not
Opacity Test. required for VE/
opacity test under
Sec. 63.1350(e) and
(j).
63.9(g).............................. Additional CMS Yes....................
Notifications.
63.9(h)(1)-(3)....................... Notification of Yes....................
Compliance Status.
63.9(h)(4)........................... ....................... No..................... [Reserved].
63.9(h)(5)-(6)....................... Notification of Yes....................
Compliance Status.
63.9(i).............................. Adjustment of Deadlines Yes....................
63.9(j).............................. Change in Previous Yes....................
Information.
63.10(a)............................. Recordkeeping/Reporting Yes....................
[[Page 448]]
63.10(b)(1).......................... General Recordkeeping Yes....................
Requirements.
63.10(b)(2)(i)-(ii).................. General Recordkeeping No..................... See Sec. 63.1355(g)
Requirements. and (h).
63.10(b)(2)(iii)..................... General Recordkeeping Yes....................
Requirements.
63.10(b)(2)(iv)-(v).................. General Recordkeeping No.....................
Requirements.
63.10(b)(2)(vi)-(ix)................. General Recordkeeping Yes....................
Requirements.
63.10(c)(1).......................... Additional CMS Yes.................... PS-8A supersedes
Recordkeeping. requirements for THC
CEMS.
63.10(c)(1).......................... Additional CMS Yes.................... PS-8A supersedes
Recordkeeping. requirements for THC
CEMS.
63.10(c)(2)-(4)...................... ....................... No..................... [Reserved].
63.10(c)(5)-(8)...................... Additional CMS Yes.................... PS-8A supersedes
Recordkeeping. requirements for THC
CEMS.
63.10(c)(9).......................... ....................... No..................... [Reserved].
63.10(c)(10)-(15).................... Additional CMS Yes.................... PS-8A supersedes
Recordkeeping. requirements for THC
CEMS.
63.10(d)(1).......................... General Reporting Yes....................
Requirements.
63.10(d)(2).......................... Performance Test Yes....................
Results.
63.10(d)(3).......................... Opacity or VE Yes....................
Observations.
63.10(d)(4).......................... Progress Reports....... Yes....................
63.10(d)(5).......................... Startup, Shutdown, No..................... See Sec. 63.1354(c)
Malfunction Reports. for reporting
requirements. Any
reference to Sec.
63.10(d)(5) in other
General Provisions or
in this subpart is to
be treated as a cross-
reference to Sec.
63.1354(c).
63.10(e)(1)-(2)...................... Additional CMS Reports. Yes....................
63.10(e)(3).......................... Excess Emissions and Yes.................... Exceedances are defined
CMS Performance in subpart LLL.
Reports.
63.10(e)(3)(v)....................... Due Dates for Excess No..................... Sec. 63.1354(b)(9)
Emissions and CMS specifies due date.
Performance Reports.
63.10(e)(3)(vii) and (viii).......... Excess Emissions and No..................... Superseded by
CMS Performance 63.1354(b)(10).
Reports.
63.10(f)............................. Waiver for Yes....................
Recordkeeping/
Reporting.
63.11(a)-(b)......................... Control Device No..................... Flares not applicable.
Requirements.
63.12(a)-(c)......................... State Authority and Yes....................
Delegations.
63.13(a)-(c)......................... State/Regional Yes....................
Addresses.
63.14(a)-(b)......................... Incorporation by Yes....................
Reference.
63.15(a)-(b)......................... Availability of Yes....................
Information.
----------------------------------------------------------------------------------------------------------------
[80 FR 44791, July 27, 2015, as amended at 83 FR 35135, July 25, 2018;
83 FR 38036, Aug. 3, 2018]
Sec. Table 2 to Subpart LLL of Part 63--1989 Toxic Equivalency Factors
(TEFs)
------------------------------------------------------------------------
Dioxins/Furans TEFs 1989
------------------------------------------------------------------------
2,3,7,8-TCDD............................................ 1
1,2,3,7,8-PeCDD......................................... 0.5
1,2,3,4,7,8-HxCDD....................................... 0.1
1,2,3,6,7,8-HxCDD....................................... 0.1
1,2,3,7,8,9-HxCDD....................................... 0.1
1,2,3,4,6,7,8-HpCDD..................................... 0.01
OCDD.................................................... 0.001
2,3,7,8-TCDF............................................ 0.1
1,2,3,7,8-PeCDF......................................... 0.05
2,3,4,7,8-PeCDF......................................... 0.5
1,2,3,4,7,8-HxCDF....................................... 0.1
1,2,3,6,7,8-HxCDF....................................... 0.1
1,2,3,7,8,9-HxCDF....................................... 0.1
2,3,4,6,7,8-HxCDF....................................... 0.1
1,2,3,4,6,7,8-HpCDF..................................... 0.01
1,2,3,4,7,8,9-HpCDF..................................... 0.01
OCDF.................................................... 0.001
------------------------------------------------------------------------
[83 FR 35136, July 25, 2018]
[[Page 449]]
Subpart MMM_National Emission Standards for Hazardous Air Pollutants for
Pesticide Active Ingredient Production
Source: 64 FR 33589, June 23, 1999, unless otherwise noted.
Sec. 63.1360 Applicability.
(a) Definition of affected source. The affected source subject to
this subpart is the facility-wide collection of pesticide active
ingredient manufacturing process units (PAI process units) that process,
use, or produce HAP, and are located at a plant site that is a major
source, as defined in section 112(a) of the CAA. An affected source also
includes waste management units, heat exchange systems, and cooling
towers that are associated with the PAI process units. Exemptions from
an affected source are specified in paragraph (d) of this section.
(b) New source applicability. A new affected source subject to this
subpart and to which the requirements for new sources apply is defined
according to the criteria in paragraph (b)(1) or (2) of this section.
(1) An affected source for which construction or reconstruction
commenced after November 10, 1997.
(2) Any dedicated PAI process unit that meets the criteria specified
in paragraphs (b)(2)(i) and (ii) of this section.
(i) For which construction, as defined in Sec. 63.1361, commenced
after November 10, 1997, or reconstruction commenced after September 20,
2002.
(ii) That has the potential to emit 10 tons/yr of any one HAP or 25
tons/yr of combined HAP.
(c) General provisions. Table 1 of this subpart specifies the
provisions of subpart A of this part that apply to an owner or operator
of an affected source subject to this subpart, and clarifies specific
provisions in subpart A of this part as necessary for this subpart.
(d) Exemptions from the requirements of this subpart. The provisions
of this subpart do not apply to:
(1) Research and development facilities;
(2) PAI process units that are subject to subpart F of this part;
(3) Production of ethylene;
(4) Coal tar distillation; and
(5) The following emission points listed:
(i) Storm water from segregated sewers;
(ii) Water from fire-fighting and deluge systems, including testing
of such systems;
(iii) Spills;
(iv) Water from safety showers;
(v) Noncontact steam boiler blowdown and condensate;
(vi) Laundry water;
(vii) Vessels storing material that contains no organic HAP or
contains organic HAP as impurities only; and
(viii) Equipment, as defined in Sec. 63.1363, that is intended to
operate in organic HAP service for less than 300 hours during the
calendar year.
(e) Applicability of this subpart. (1) Each provision set forth in
this subpart shall apply at all times except during periods of non-
operation of the affected source (or specific portion thereof) resulting
in cessation of the emissions to which this subpart applies.
(i) The startup, shutdown, or malfunction precludes the ability of
the owner or operator of an affected source to comply with one or more
specific emission limitations to which a particular emission point is
subject; and
(ii) The owner or operator follows the provisions for periods of
startup, shutdown, and malfunction, as specified in Sec. Sec.
63.1367(a)(3) and 63.1368(i).
(2) The provisions set forth in Sec. 63.1363 shall apply at all
times except during periods of nonoperation of the PAI process unit (or
specific portion thereof) in which the lines are drained and
depressurized resulting in the cessation of the emissions to which Sec.
63.1363 applies.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the emissions
limitations of this subpart during times when emissions (or, where
applicable, wastewater streams or residuals) are being routed to such
items of equipment, if the shutdown would contravene emissions
limitations of this subpart applicable to such items of equipment.
(4) General duty. At all times, the owner or operator must operate
and
[[Page 450]]
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. 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 the applicable standard have been achieved. Determination of
whether a source is operating in compliance with operation and
maintenance requirements 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.
(f) Storage vessel applicability determination. An owner or operator
shall follow the procedures specified in paragraphs (f)(1) through (5)
of this section to determine whether a storage vessel is part of the
affected source to which this subpart applies.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on June 23, 1999, the storage vessel shall belong to the
process unit subject to the other subpart.
(2) Unless otherwise excluded under paragraph (f)(1) of this
section, the storage vessel is part of a PAI process unit if either the
input to the vessel from the PAI process unit is greater than or equal
to the input from any other PAI or non-PAI process unit, or the output
from the vessel to the PAI process unit is greater than or equal to the
output to any other PAI or non-PAI process unit. If the greatest input
to and/or output from a shared storage vessel is the same for two or
more process units, including one or more PAI process units, the owner
or operator must assign the storage vessel to any one of the PAI process
units that meet this condition.
(3) Unless otherwise excluded under paragraph (f)(1) of this
section, where a storage vessel is located in a tank farm (including a
marine tank farm), the applicability of this subpart shall be determined
according to the provisions in paragraphs (f)(3)(i) through (iii) of
this section.
(i) The storage vessel in the tank farm is not subject to the
provisions of this subpart if the greatest input to or output from the
storage vessel is for a non-PAI process unit. The input and output shall
be determined among only those process units that share the storage
vessel and that do not have an intervening storage vessel for that
product (or raw material, as appropriate).
(ii) Except for storage vessels in a tank farm excluded in
accordance with paragraph (f)(3)(i) of this section, applicability of
this subpart shall be determined according to the provisions in
paragraphs (f)(3)(ii)(A) through (C) of this section.
(A) Except as specified in paragraph (f)(3)(ii)(C) of this section,
this subpart does not apply to the storage vessel in a tank farm if each
PAI process unit that receives material from or sends material to the
storage vessel has an intervening storage vessel for that material.
(B) Except as specified in paragraph (f)(3)(ii)(C) of this section,
a storage vessel in a tank farm shall be assigned to the PAI process
unit that receives the greatest amount of material from or sends the
greatest amount of material to the storage vessel and does not have an
intervening storage vessel. If two or more PAI process units have the
same input to or output from the storage vessel in the tank farm, then
the storage vessel in the tank farm may be assigned to any one of the
PAI process units that meet this condition.
(C) As an alternative to the requirements specified in paragraphs
(f)(3)(ii)(A) and (B) of this section, even if an intervening storage
vessel is present, an owner or operator may elect to assign a storage
vessel in a tank farm to the PAI process unit that sends the most
material to or receives the most material from the storage vessel. If
two or more PAI process units have the same input to or output from the
storage vessel in the tank farm, then the storage vessel in the tank
farm may be assigned to any one of the PAI process units that meet this
condition.
(iii) With respect to a process unit, an intervening storage vessel
means a
[[Page 451]]
storage vessel connected by hard-piping to the process unit and to the
storage vessel in the tank farm so that the product or raw material
entering or leaving the process flows into (or from) the intervening
storage vessel and does not flow directly into (or from) the storage
vessel in the tank farm.
(4) If use varies from year to year, then use for the purposes of
this subpart for existing sources shall be based on the utilization that
occurred during the year preceding June 23, 1999, or if the storage
vessel was not in operation during that year, the use shall be based on
the expected use in the 5 years after startup. This determination shall
be reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(5) If the storage vessel begins receiving material from (or sending
material to) another process unit, or ceasing to receive material from
(or send material to) a PAI process unit, or if there is a significant
change in the use of the storage vessel, the owner or operator shall
reevaluate the ownership determination for the storage vessel.
(g) Designating production of an intermediate as a PAI process unit.
Except as specified in paragraph (d) of this section, an owner or
operator may elect to designate production of any intermediate that does
not meet the definition of integral intermediate as a PAI process unit
subject to this subpart. Any storage vessel containing the intermediate
is assigned to a PAI process unit according to the procedures in
paragraph (f) of this section. Any process tank containing the
intermediate is part of the process unit used to produce the
intermediate.
(h) Applicability of process units included in a process unit group.
An owner or operator may elect to develop process unit groups in
accordance with paragraph (h)(1) of this section. For the PAI process
units in these process unit groups, the owner or operator may comply
with the provisions in overlapping MACT standards, as specified in
paragraphs (h)(2) through (4) of this section, as an alternative means
of demonstrating compliance with the provisions of this subpart.
(1) Develop, revise, and document changes in a process unit group in
accordance with the procedures specified in paragraphs (h)(1)(i) through
(vi) of this section.
(i) Initially identify a non-dedicated PAI process unit that is
operating on December 23, 2003 or a date after December 23, 2003, and
identify all processing equipment that is part of this PAI process unit,
based on descriptions in operating scenarios.
(ii) Add to the group any other non-dedicated PAI and non-dedicated
non-PAI process units expected to be operated in the 5 years after the
date specified in paragraph (h)(1)(i) of this section, provided they
satisfy the criteria specified in paragraphs (h)(1)(ii)(A) through (C)
of this section. Also identify all of the processing equipment used for
each process unit based on information from operating scenarios and
other applicable documentation.
(A) Each PAI process unit that is added to a group must have some
processing equipment that is part of one or more PAI process units that
are already in the process unit group.
(B) Each non-PAI process unit that is added to a group must have
some processing equipment that is also part of one or more of the PAI
process units in the group.
(C) No process unit may be part of more than one process unit group.
(iii) The initial process unit group consists of all of the
processing equipment for the process units identified in paragraphs
(h)(1)(i) and (ii) of this section.
(iv) If compliance is to be demonstrated in accordance with
paragraph (h)(3) of this section, determine the primary product of the
process unit group according to the procedures specified in paragraphs
(h)(1)(iv)(A) through (C) of this section.
(A) The primary product is the type of product (e.g., PAI,
pharmaceutical product, thermoplastic resin, etc.) that is expected to
be produced for the greatest operating time in the 5-year period
specified in paragraph (h)(1)(i) of this section.
(B) If the process unit group produces multiple products equally
based on operating time, then the primary product is the product with
the greatest production on a mass basis over the 5-year
[[Page 452]]
period specified in paragraph (h)(1)(i) of this section.
(C) The primary product of the group must be redetermined if the
owner or operator does not intend to make that product in the future or
if it has not been made for 5 years. The results of the redetermination
must be recorded as specified in Sec. 63.1367(b) and reported in a
Periodic report no later than the report covering the period for the end
of the 5th year as specified in Sec. 63.1368(g)(2). If the primary
product changes, the owner or operator must either demonstrate
compliance with the applicable subpart as specified in paragraph (h)(3)
of this section or demonstrate compliance with the provisions of this
subpart MMM.
(v) Add process units developed in the future in accordance with the
conditions specified in paragraphs (h)(1)(ii)(A) through (C) of this
section.
(vi) Maintain records of changes in the process units in each
process unit group as specified in Sec. 63.1367(b)(9), and maintain
reports as specified in Sec. 63.1368(f)(9) and (g)(2)(ix).
(2) If any of the products produced in the process unit group are
subject to 40 CFR part 63, subpart GGG (Pharmaceuticals MACT), the owner
or operator may elect to comply with the requirements of subpart GGG for
the PAI process unit(s) within the process unit group, except for the
following:
(i) The emission limit standard for process vents in Sec.
63.1362(b)(2)(i) shall apply in place of Sec. 63.1254(a)(2);
(ii) When the dates of April 2, 1997 and April 2, 2007 are provided
in Sec. 63.1254(a)(3)(ii), the dates of November 10, 1997 and November
10, 2007, respectively, shall apply for purposes of this subpart MMM;
and
(iii) Requirements in Sec. 63.1367(a)(5) regarding application for
approval of construction or reconstruction shall apply in place of the
provisions in Sec. 63.1259(a)(5).
(3) If the primary product of a process unit group is determined to
be a type of material that is subject to another subpart of 40 CFR part
63 on June 23, 1999 or startup of the first process unit after formation
of the process unit group, whichever is later, the owner or operator may
elect to comply with the other subpart for any PAI process unit within
the process unit group, subject to the requirement in this paragraph
(h)(3). Emissions from PAI Group 1 process vents, as defined in Sec.
63.1361, must be reduced in accordance with the control requirements for
Group 1 vents as specified in the alternative subpart. The criteria in
the alternative subpart for determining which process vents must be
controlled do not apply for the purposes of this paragraph (h)(3).
(4) The requirements for new and reconstructed sources in the
alternative subpart apply to all PAI process units in the process unit
group if, and only if, the affected source under the alternative subpart
meets the requirements for construction or reconstruction.
(i) Overlap with other regulations--(1) Compliance with other MACT
standards. (i) After the compliance dates specified in Sec. 63.1364, an
affected source subject to the provisions of this subpart that is also
subject to the provisions of any other subpart of 40 CFR part 63 may
elect, to the extent the subparts are consistent, under which subpart to
maintain records and report to EPA. The affected source shall identify
in the Notification of Compliance Status report required by Sec.
63.1368(f) under which authority such records will be maintained.
(ii) After the compliance dates specified in Sec. 63.1364, at an
offsite reloading or cleaning facility subject to Sec. 63.1362(b)(6),
compliance with the emission standards and associated initial compliance
monitoring, recordkeeping, and reporting provisions of any other subpart
of 40 CFR part 63 constitutes compliance with the provisions of Sec.
63.1362(b)(6)(vii)(B) or (C). The owner or operator of the affected
storage vessel shall identify in the Notification of Compliance Status
report required by Sec. 63.1368(f) the subpart of 40 CFR part 63 with
which the owner or operator of the offsite reloading or cleaning
facility complies.
(2) Overlap with RCRA subparts AA, BB, and/or CC. After the
compliance dates specified in Sec. 63.1364, if any affected source
subject to this subpart is also subject to monitoring, recordkeeping,
and reporting requirements in 40 CFR part 264, subpart AA, BB, or CC, or
is subject to monitoring and recordkeeping requirements in 40 CFR part
[[Page 453]]
265, subpart AA, BB, or CC, and the owner or operator complies with the
periodic reporting requirements under 40 CFR part 264, subpart AA, BB,
or CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping, and reporting requirements of this subpart,
or with the monitoring, recordkeeping, and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping, and reporting
requirements of this subpart. If the owner or operator elects to comply
with the monitoring, recordkeeping, and reporting requirements in 40 CFR
parts 264 and/or 265, the owner or operator shall report all excursions
as required by Sec. 63.1368(g). The owner or operator shall identify in
the Notification of Compliance Status report required by Sec.
63.1368(f) the monitoring, recordkeeping, and reporting authority under
which the owner or operator will comply.
(3) Overlap with NSPS subpart Kb. After the compliance dates
specified in Sec. 63.1364, a Group 1 or Group 2 storage vessel that is
also subject to the provisions of 40 CFR part 60, subpart Kb, is
required to comply only with the provisions of this subpart MMM.
(4) Overlap with subpart I. After the compliance dates specified in
Sec. 63.1364, for all equipment within a process unit that contains
equipment subject to subpart I of this part, an owner or operator may
elect to comply with either the provisions of this subpart MMM or the
provisions of subpart H of this part. The owner or operator shall
identify in the Notification of Compliance Status report required by
Sec. 63.1368(f) the provisions with which the owner or operator elects
to comply.
(5) Overlap with RCRA regulations for wastewater. After the
compliance dates specified in Sec. 63.1364, the owner or operator of an
affected wastewater stream that is also subject to provisions in 40 CFR
parts 260 through 272 shall comply with the more stringent control
requirements (e.g., waste management units, numerical treatment
standards, etc.) and the more stringent testing, monitoring,
recordkeeping, and reporting requirements that overlap between the
provisions of this subpart and the provisions of 40 CFR parts 260
through 272. The owner or operator shall keep a record of the
information used to determine which requirements were the most stringent
and shall submit this information if requested by the Administrator.
(6) Overlap with NSPS subparts III, NNN, and RRR. After the
compliance dates specified in Sec. 63.1364, if an owner or operator of
a process vent subject to this subpart MMM that is also subject to the
provisions of 40 CFR part 60, subpart III, or subpart NNN, or subpart
RRR, elects to reduce organic HAP emissions from the process vent by 98
percent as specified in Sec. 63.1362(b)(2)(iii)(A), then the owner or
operator is required to comply only with the provisions of this subpart
MMM. Otherwise, the owner or operator shall comply with the provisions
in both this subpart MMM and the provisions in 40 CFR part 60, subparts
III, NNN, and RRR, as applicable.
(j) Meaning of periods of time. All terms in this subpart MMM that
define a period of time for completion of required tasks (e.g., weekly,
monthly, quarterly, annual), unless specified otherwise in the section
or subsection that imposes the requirement, refer to the standard
calendar periods.
(1) Notwithstanding time periods specified in the subpart MMM for
completion of required tasks, such time periods may be changed by mutual
agreement between the owner and operator and the Administrator, as
specified in subpart A of this part (e.g., a period could begin on the
compliance date or another date, rather than on the first day of the
standard period). For each time period that is changed by agreement, the
revised period shall remain in effect until it is changed. A new request
is not necessary for each recurring period.
(2) Where the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of the
period, compliance shall be required according to the schedule specified
in paragraph (j)(2)(i) or (ii) of this section, as appropriate.
[[Page 454]]
(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 within which the initial
compliance deadline occurs.
(3) In all instances where a provision of this subpart MMM 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 in the previous period.
(k) Affirmative defense for violation of emission standards during
malfunction. 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 malfunction, as defined at Sec. 63.2. Appropriate penalties
may be assessed if the owner or operator fails to meet their burden of
proving all of the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
(1) Assertion of affirmative defense. To establish the affirmative
defense in any action to enforce such a standard, the owner or operator
must timely meet the reporting requirements in paragraph (k)(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
(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; 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 explains how it has met the
requirements set forth in paragraph (k)(1) of this section. This
affirmative defense report shall be included in the first periodic
compliance report, deviation report, or excess emission report otherwise
required after the initial occurrence of the violation of the relevant
standard
[[Page 455]]
(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.
[64 FR 33589, June 23, 1999, as amended at 67 FR 59340, Sept. 20, 2002;
79 FR 17371, Mar. 27, 2014]
Sec. 63.1361 Definitions.
Terms used in this subpart are defined in the CAA, in subpart A of
this part, or in this section. If the same term is defined in subpart A
of this part and in this section, it shall have the meaning given in
this section for the purposes of this subpart MMM.
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.
Air pollution control device or control device means equipment
installed on a process vent, storage vessel, wastewater treatment
exhaust stack, or combination thereof that reduces the mass of HAP
emitted to the air. The equipment may consist of an individual device or
a series of devices. Examples include incinerators, carbon adsorption
units, condensers, flares, boilers, process heaters, and gas absorbers.
Process condensers are not considered air pollution control devices or
control devices.
Bag dump means equipment into which bags or other containers
containing a powdered, granular, or other solid feedstock material are
emptied. A bag dump is part of the process.
Batch emission episode means a discrete venting episode that is
associated with a single unit operation. A unit operation may have more
than one batch emission episode. For example, a batch distillation unit
operation may consist of batch emission episodes associated with
charging and heating. Charging the vessel with HAP will result in one
discrete batch emission episode that will last through the duration of
the charge and will have an average flowrate equal to the rate of the
charge. Another discrete batch emission episode will result from the
expulsion of expanded vapor as the contents of the vessel are heated.
Batch operation means a noncontinuous operation involving
intermittent or discontinuous feed into PAI or integral intermediate
manufacturing equipment, and, in general, involves the emptying of the
equipment after the batch operation ceases and prior to beginning a new
operation. Addition of raw material and withdrawal of product do not
occur simultaneously in a batch operation. A batch process consists of a
series of batch operations.
Bench-scale batch process means a batch process (other than a
research and development facility) that is capable of being located on a
laboratory bench top. This bench-scale equipment will typically include
reagent feed vessels, a small reactor and associated product separator,
recovery and holding equipment. These processes are only capable of
producing small quantities of product.
Block means a time period equal to, at a maximum, the duration of a
single batch.
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.
Cleaning operation means routine rinsing, washing, or boil-off of
equipment in batch operations between batches.
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented to the atmosphere except through
a closed-vent system.
Closed-purge system means a system or combination of system and
portable containers, to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor
[[Page 456]]
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 HAP 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 record
keeping, connector means joined fittings that are not inaccessible,
ceramic, or ceramic-lined as described in Sec. 63.1255(b)(1)(vii) and
63.1255(f)(3).
Construction means the onsite fabrication, erection, or installation
of an affected source or dedicated PAI process unit. Addition of new
equipment to an affected source does not constitute construction,
provided the new equipment is not a dedicated PAI process unit with the
potential to emit 10 tons/yr of any one HAP or 25 tons/yr of combined
HAP, but it may constitute reconstruction of the affected source or PAI
process unit if it satisfies the definition of reconstruction in this
section. At an affected source, changing raw materials processed and
reconfiguring non-dedicated equipment to create a non-dedicated PAI
process unit do not constitute construction.
Consumption means the quantity of all HAP raw materials entering a
process in excess of the theoretical amount used as reactant, assuming
100 percent stoichiometric conversion. The raw materials include
reactants, solvents, and any other additives. If HAP are generated in
the process as well as added as raw material, consumption includes the
quantity generated in the process.
Container, as used in the wastewater provisions, means any portable
waste management unit that has a capacity greater than or equal to 0.1
m\3\ in which a material is stored, transported, treated, or otherwise
handled. Examples of containers are drums, barrels, tank trucks, barges,
dumpsters, tank cars, dump trucks, and ships.
Continuous process means a process where the inputs and outputs flow
continuously throughout the duration of the process. Continuous
processes typically approach steady state.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage vessel and
the edge of the floating roof. A continuous seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Controlled HAP emissions means the quantity of HAP components
discharged to the atmosphere from an air pollution control device.
Cover, as used in the wastewater provisions, means a device or
system which is placed on or over a waste management unit containing
wastewater or residuals so that the entire surface area is enclosed to
minimize air emissions. A cover may have openings necessary for
operation, inspection, and maintenance of the waste management unit such
as access hatches, sampling ports, and gauge wells provided that each
opening is closed when not in use. Examples of covers include a fixed
roof installed on a wastewater tank, a lid installed on a container, and
an air-supported enclosure installed over a waste management unit.
Dedicated PAI process unit means a PAI process unit constructed from
equipment that is fixed in place and designed and operated to produce
only a single product or co-products. The equipment is not designed to
be reconfigured to create different process units, and it is not
operated with different raw materials so as to produce different
products.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Equipment, for purposes of Sec. 63.1363, means each pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve
[[Page 457]]
or line, valve, connector, and instrumentation system in organic
hazardous air pollutant service.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a storage tank or waste
management unit with no fixed roof.
FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act.
Fill or filling means the introduction of organic HAP into a storage
tank or the introduction of a wastewater stream or residual into a waste
management unit, but not necessarily to complete capacity.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere.
Fixed roof means a cover that is mounted on a waste management unit
or storage tank in a stationary manner and that does not move with
fluctuations in liquid level.
Flame ionization detector (FID) means a device in which the measured
change in conductivity of a standard flame (usually hydrogen) due to the
insertion of another gas or vapor is used to detect the gas or vapor.
Floating roof means a cover consisting of a double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a continuous seal or seals to close the space between the
roof edge and waste management unit or storage vessel wall.
Flow indicator means a device that indicates whether gas flow is, or
whether the valve position would allow gas flow to be, present in a
line.
Formulation of pesticide products means the mixing, blending, or
diluting of a PAI with one or more other PAI or inert ingredients.
Group 1 process vent means any process vent from a process at an
existing or new affected source for which the uncontrolled organic HAP
emissions from the sum of all process vents are greater than or equal to
0.15 Mg/yr and/or the uncontrolled hydrogen chloride (HCl) and chlorine
emissions from the sum of all process vents are greater than or equal to
6.8 Mg/yr.
Group 1 storage vessel means a storage vessel at an existing
affected source with a capacity equal to or greater than 75 m\3\ and
storing material with a maximum true vapor pressure greater than or
equal to 3.45 kPa, a storage vessel at a new affected source with a
capacity equal to or greater than 40 m\3\ and storing material with a
maximum true vapor pressure greater than or equal to 16.5 kPa, or a
storage vessel at a new affected source with a capacity greater than or
equal to 75 m\3\ and storing material with a maximum true vapor pressure
greater than or equal to 3.45 kPa.
Group 1 wastewater stream means process wastewater at an existing or
new source that meets the criteria for Group 1 status in Sec. 63.132(c)
for compounds in Table 9 of subpart G of this part or a maintenance
wastewater stream that contains 5.3 Mg of compounds in Table 9 of
subpart G of this part per discharge event.
Group 2 process vent means any process vent that does not meet the
definition of a Group 1 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 any wastewater stream that does not
meet the definition of a Group 1 wastewater stream.
Group of processes means all of the equipment associated with
processes in a building, processing area, or facility-wide. A group of
processes may consist of a single process.
Halogenated compounds means organic compounds that contain chlorine
atoms.
Halogenated vent stream means a process, storage vessel, or waste
management unit vent stream determined to have a concentration of
halogenated compounds of greater than 20 ppmv, as determined through
process knowledge, test results using Method 18 of 40 CFR part 60,
appendix A, or test results using any other test method that has been
validated according to the procedures in Method 301 of appendix A of
this part.
[[Page 458]]
Hard-piping means piping or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31-3.
Impurity means a substance that is produced coincidentally with the
product(s), or is present in a raw material. An impurity does not serve
a useful purpose in the production or use of the product(s) and is not
isolated.
In gas/vapor service means that a piece of equipment in organic HAP
service contains a gas or vapor at operating conditions.
In heavy liquid service means that a piece of equipment in organic
HAP service is not in gas/vapor service or in light liquid service.
In light liquid service means that a piece of equipment in organic
HAP 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 kPa at 20 [deg]C;
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kPa 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 the methods described in 40 CFR 60.485(e)(1).
In liquid service means that a piece of equipment in organic HAP
service is not in gas/vapor service.
In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contacts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP as
determined according to the provisions of Sec. 63.180(d) of subpart H
of this part. The provisions of Sec. 63.180(d) of subpart H of this
part also specify how to determine that a piece of equipment is not in
organic HAP service.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kPa below ambient pressure.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Individual drain system means the stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge or disposal. The term includes: hard piping; all process
drains and junction boxes; and associated sewer lines, other junction
boxes, manholes, sumps, and lift stations conveying wastewater streams
or residuals. A segregated stormwater sewer system, which is a drain and
collection system designed and operated for the sole purpose of
collecting rainfall-runoff at a facility, and which is segregated from
all other individual drain systems, is excluded from this definition.
Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 0.5 inches and smaller and connectors nominally 0.75
inches and smaller in diameter are considered instrumentation systems
for the purposes of this subpart. Valves greater than nominally 0.5
inches and connectors greater than nominally 0.75 inches associated with
instrumentation systems are not considered part of instrumentation
systems and must be monitored individually.
Integral intermediate means an intermediate for which 50 percent or
more of the annual production is used in on-site production of any
PAI(s) and that is not stored before being used in the production of
another integral intermediate or the PAI(s). For the purposes of this
definition, an intermediate is stored if it is discharged to a storage
vessel and at least one of the following conditions is met: the
processing equipment that discharges to the storage vessel is shutdown
before the processing equipment that withdraws from the storage vessel
is started up; during an annual period, the material must be stored in
the vessel for at least 30 days before being used to make a PAI; or the
processing equipment that discharges
[[Page 459]]
to the storage vessel is located in a separate building (or processing
area) of the plant than the processing equipment that uses material from
the storage vessel as a feedstock, and control equipment is not shared
by the two processing areas. Any process unit that produces an
intermediate and is subject to subpart F of this part is not an integral
intermediate.
Intermediate means an organic compound that is manufactured in a
process and that is further processed or modified in one or more
additional steps to ultimately produce a PAI.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it) inside
a storage tank or waste management unit that has a permanently affixed
roof.
Junction box means a manhole or access point to a wastewater sewer
system line or a lift station.
Large control device means a control device that controls process
vents, and the total HAP emissions into the control device from all
sources are greater than or equal to 10 tons/yr.
Liquid-mounted seal means a foam- or liquid-filled seal mounted in
contact with the liquid between the wall of the storage vessel or waste
management unit and the floating roof. The seal is mounted continuously
around the tank or unit.
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquid dripping include puddling or new stains that are indicative of an
existing evaporated drip.
Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the PAI process unit into an individual
drain system prior to or during maintenance activities. Maintenance
wastewater can be generated through planned or 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 PAI process
unit for repair.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, emissions
monitoring equipment, process equipment, or a process to operate in a
normal or usual manner which causes, or has the potential to cause, the
emission limitations in an applicable standard to be exceeded. Failures
that are caused all or 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 transferred 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 Chapter 19.2 of the
American Petroleum Institute's Manual of Petroleum Measurement
Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by
reference as specified in Sec. 63.14 in 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 D2879-97, Test Method for Vapor Pressure-Temperature Relationship
and Initial Decomposition Temperature of Liquids by Isoteniscope
(incorporated by reference as specified in Sec. 63.14 of subpart A of
this part); or
(4) Any other method approved by the Administrator.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage tank by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Non-dedicated PAI process unit means a process unit that is not a
dedicated PAI process unit.
[[Page 460]]
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
shutdown.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with process fluid
and one side open to atmosphere, either directly or through open piping.
Operating scenario, for the purposes of reporting and recordkeeping,
means a description of a PAI process unit, including: identification of
each wastewater point of determination (POD) and process vent, their
associated emissions episodes and durations, and their associated level
of control and control devices, as applicable; calculations and
engineering analyses required to demonstrate compliance; and a
description of operating and/or testing conditions for any associated
control device.
Organic compound, as used in the definitions of intermediate and
PAI, means any compound that contains both carbon and hydrogen with or
without other elements.
Organic HAP means those HAP listed in section 112(b) of the CAA that
are measured according to the procedures of Method 18 or Method 25A, 40
CFR part 60, appendix A.
Pesticide active ingredient or PAI means any material that is an
active ingredient within the meaning of FIFRA section 2(a); that is used
to produce an insecticide, herbicide, or fungicide end use pesticide
product; that consists of one or more organic compounds; and that must
be labeled in accordance with 40 CFR part 156 for transfer, sale, or
distribution. These materials are typically described by North American
Industrial Classification System (NAICS) Codes 325199 and 32532 (i.e.,
previously known as Standard Industrial Classification System Codes 2869
and 2879). These materials are identified by product classification
codes 01, 21, 02, 04, 44, 07, 08, and 16 in block 19 on the 1999 version
of EPA form 3540-16, the Pesticides Report for Pesticide-Producing
Establishments. The materials represented by these codes are:
insecticides; insecticide-fungicides; fungicides; herbicides; herbicide-
fungicides; plant regulators; defoliants, desiccants; or multi-use
active ingredients.
Pesticide active ingredient manufacturing process unit (PAI process
unit) means a process unit that is used to produce a material that is
primarily used as a PAI or integral intermediate. A PAI process unit
consists of: the process, as defined in this subpart; associated storage
vessels, as determined by the procedures in Sec. 63.1360(f); equipment
identified in Sec. 63.1362(k); connected piping and ducts; and
components such as pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, and instrumentation systems. A material is primarily
used as a PAI or integral intermediate if more than 50 percent of the
projected annual production from a process unit in the 3 years after
June 23, 1999 or startup, whichever is later, is used as a PAI or
integral intermediate; recordkeeping is required if the material is used
as a PAI or integral intermediate, but not as the primary use. If the
primary use changes to a PAI or integral intermediate, the process unit
becomes a PAI process unit unless it is already subject to the HON. If
the primary use changes from a PAI or integral intermediate to another
use, the process unit remains a PAI process unit. Any process tank
containing an integral intermediate is part of the PAI process unit used
to produce the integral intermediate. A process unit that produces an
intermediate that is not an integral intermediate may be designated as a
PAI process unit according to the procedures of Sec. 63.1360(g).
Formulation of pesticide products is not considered part of a PAI
process unit. Quality assurance and quality control laboratories are not
considered part of a PAI process unit.
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.
[[Page 461]]
Point of determination (POD) means each point where a wastewater
stream exits the PAI process unit.
Note to definition of ``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 determined in Sec. 63.144 of
subpart G of this part. Such changes include: losses by air emissions,
reduction of annual average concentration or changes in flow rate by
mixing with other water or wastewater streams, and reduction in flow
rate or annual average concentration by treating or otherwise handling
the wastewater stream to remove or destroy HAP.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 pounds per square inch gauge or
by a vacuum are not pressure relief devices.
Process means a logical grouping of processing equipment which
collectively function to produce a product. For the purpose of this
subpart, a PAI process includes all, or a combination of, reaction,
recovery, separation, purification, treatment, cleaning, and other
activities or unit operations which are used to produce a PAI or
integral intermediate. Ancillary activities are not considered a PAI
process or any part of a PAI process. Ancillary activities include
boilers and incinerators (not used to comply with the provisions of
Sec. 63.1362), chillers or refrigeration systems, and other equipment
and activities that are not directly involved (i.e., they operate within
a closed system and materials are not combined with process fluids) in
the processing of raw materials or the manufacturing of a PAI. A PAI
process and all integral intermediate processes for which 100 percent of
the annual production is used in the production of the PAI may be linked
together and defined as a single PAI process unit.
Process condenser means a condenser whose primary purpose is to
recover material as an integral part of a unit operation. The condenser
must cause a vapor-to-liquid phase change for periods during which the
temperature of liquid in the process equipment is at or above its
boiling or bubble point. Examples of process condensers include
distillation condensers, reflux condensers, and condensers used in
stripping or flashing operation. In a series of condensers, all
condensers up to and including the first condenser with an exit gas
temperature below the boiling or bubble point of the liquid in the
process equipment are considered to be process condensers. All
condensers in line prior to the vacuum source are included in this
definition.
Process shutdown means a work practice or operational procedure that
stops production from a process or part of a process during which it is
technically feasible to clear process material from a process or part of
a process consistent with safety constraints and during which repairs
can be effected. An unscheduled work practice or operational procedure
that stops production from a process or part of a process for less than
24 hours is not a process shutdown. An unscheduled work practice or
operational procedure that would stop production from a process or part
of a process for a shorter period of time than would be required to
clear the process or part of the process of materials and start up the
process, and would result in greater emissions than delay of repair of
leaking components until the next scheduled process shutdown, is not a
process shutdown. The use of spare equipment and technically feasible
bypassing of equipment without stopping production are not process
shutdowns.
Process tank means a tank that is used within a process to collect
material discharged from a feedstock storage vessel or equipment within
the process before the material is transferred to other equipment within
the process or a product storage vessel. In many process tanks, unit
operations
[[Page 462]]
such as reactions and blending are conducted. Other process tanks, such
as surge control vessels and bottom receivers, however, may not involve
unit operations.
Process unit means the equipment assembled and connected by pipes or
ducts to process raw materials and to manufacture an intended product.
Process unit group means a group of process units that manufacture
PAI and products other than PAI by alternating raw materials or
operating conditions, or by reconfiguring process equipment. A process
unit group is determined according to the procedures specified in Sec.
63.1360(g).
Process vent means a point of emission from processing equipment to
the atmosphere or a control device. The vent may be the release point
for an emission stream associated with an individual unit operation, or
it may be the release point for emission streams from multiple unit
operations that have been manifolded together into a common header.
Examples of process vents include, but are not limited to, vents on
condensers used for product recovery, bottom receivers, surge control
vessels, reactors, filters, centrifuges, process tanks, and product
dryers. A vent is not considered to be a process vent for a given
emission episode if the undiluted and uncontrolled emission stream that
is released through the vent contains less than 50 ppmv HAP, as
determined through process knowledge that no HAP are present in the
emission stream; using an engineering assessment as discussed in Sec.
63.1365(c)(2)(ii); from test data collected using Method 18 of 40 CFR
part 60, appendix A; or from test data collected using any other test
method that has been validated according to the procedures in Method 301
of appendix A of this part. Process vents do not include vents on
storage vessels regulated under Sec. 63.1362(c), vents on wastewater
emission sources regulated under Sec. 63.1362(d), or pieces of
equipment regulated under Sec. 63.1363.
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 include: 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; water used to clean process equipment; water used
to cool or quench organic vapor streams through direct contact; and
condensed steam from jet ejector systems pulling vacuum on vessels
containing organics.
Product means the compound(s) or chemical(s) that are produced or
manufactured as the intended output of a process unit. Impurities and
wastes are not considered products.
Product dryer means equipment that is used to remove moisture or
other liquid from granular, powdered, or other solid PAI or integral
intermediate products prior to storage, formulation, shipment, or other
uses. The product dryer is part of the process.
Product dryer vent means a process vent from a product dryer through
which a gas stream containing gaseous pollutants (i.e., organic HAP,
HCl, or chlorine), particulate matter, or both are released to the
atmosphere or are routed to a control device.
Production-indexed HAP consumption factor (HAP factor) is the result
of dividing the annual consumption of total HAP by the annual production
rate, per process.
Production-indexed VOC consumption factor (VOC factor) is the result
of dividing the annual consumption of total VOC by the annual production
rate, per process.
Publicly owned treatment works (POTW) is defined at 40 CFR part
403.3(0).
Reactor means a device or vessel in which one or more chemicals or
reactants, other than air, are combined or decomposed in such a way that
their molecular structures are altered and one or more new organic
compounds are formed.
Reconfiguration means disassembly of processing equipment for a
particular non-dedicated process unit and reassembly of that processing
equipment in a different sequence, or in combination with other
equipment, to create a different non-dedicated process unit.
[[Page 463]]
Reconstruction, as used in Sec. 63.1360(b), shall have the meaning
given in Sec. 63.2, except that ``affected or previously unaffected
stationary source'' shall mean either ``affected facility'' or ``PAI
process unit.''
Recovery device, as used in the wastewater provisions, 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 organic
removal devices such as decanters, strippers, or thin-film evaporation
units. To be a recovery device, a decanter and any other equipment based
on the operating principle of gravity separation must receive only
multi-phase liquid streams.
Repaired means that equipment is adjusted, or otherwise altered, to
eliminate a leak as defined in the applicable paragraphs of Sec.
63.1363.
Research and development facility means any stationary source whose
primary purpose is to conduct research and development, 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.
Residual means any liquid or solid material containing Table 9
compounds (as defined in Sec. 63.111 of subpart G of this part) that is
removed from a wastewater stream by a waste management unit or treatment
process that does not destroy organics (nondestructive unit). Examples
of residuals from nondestructive wastewater management units include the
organic layer and bottom residue removed by a decanter or organic-water
separator and the overheads from a steam stripper or air stripper.
Examples of materials which are not residuals include: silt; mud;
leaves; bottoms from a steam stripper or air stripper; and sludges, ash,
or other materials removed from wastewater being treated by destructive
devices such as biological treatment units and incinerators.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purposes of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in 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 air emission control 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.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
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.
Sewer line means a lateral, trunk line, branch line, or other
conduit including, but not limited to, grates, trenches, etc., used to
convey wastewater streams or residuals to a downstream waste management
unit.
Shutdown means the cessation of operation of a continuous PAI
process unit for any purpose. Shutdown also means the cessation of a
batch PAI process unit or any related individual
[[Page 464]]
piece of equipment required or used to comply with this part or for
emptying and degassing storage vessels for periodic maintenance,
replacement of equipment, repair, or any other purpose not excluded from
this definition. Shutdown does not apply to cessation of a batch PAI
process unit at the end of a campaign or between batches (e.g., for
rinsing or washing equipment), for routine maintenance, or for other
routine operations.
Small control device means a control device that controls process
vents, and the total HAP emissions into the control device from all
sources are less than 10 tons of HAP per year.
Startup means the setting in operation of a continuous PAI process
unit for any purpose, the first time a new or reconstructed batch PAI
process unit begins production, or, for new equipment added, including
equipment used to comply with this subpart, the first time the equipment
is put into operation. For batch process units, startup does not apply
to the first time the equipment is put into operation at the start of a
campaign to produce a product that has been produced in the past, after
a shutdown for maintenance, or when the equipment is put into operation
as part of a batch within a campaign. As used in Sec. 63.1363, startup
means the setting in operation of a piece of equipment or a control
device that is subject to this subpart.
Storage vessel means a tank or other vessel that is used to store
organic liquids that contain one or more HAP and that has been assigned,
according to the procedures in Sec. 63.1360(f) or (g), to a PAI process
unit that is subject to this subpart MMM. The following are not
considered storage vessels for the purposes of this subpart:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels storing material that contains no organic HAP or
contains organic HAP only as impurities;
(4) Wastewater storage tanks;
(5) Process tanks; and
(6) Nonwastewater waste tanks.
Supplemental gases means any nonaffected gaseous streams (streams
that are not from process vents, storage vessels, equipment or waste
management units) that contain less than 50 ppmv TOC and less than 50
ppmv total HCl and chlorine, as determined through process knowledge,
and are combined with an affected vent stream. Supplemental gases are
often used to maintain pressures in manifolds or for fire and explosion
protection and prevention. Air required to operate combustion device
burner(s) is not considered a supplemental gas.
Surface impoundment means a waste management unit which is a natural
topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade
materials), which is designed to hold an accumulation of liquid wastes
or waste containing free liquids. A surface impoundment is used for the
purpose of treating, storing, or disposing of wastewater or residuals,
and is not an injection well. Examples of surface impoundments are
equalization, settling, and aeration pits, ponds, and lagoons.
Total organic compounds (TOC) means those compounds measured
according to the procedures of Method 18 or Method 25A, 40 CFR part 60,
appendix A.
Treatment process means a specific technique that removes or
destroys the organics in a wastewater or residual stream such as a steam
stripping unit, thin-film evaporation unit, waste incinerator,
biological treatment unit, or any other process applied to wastewater
streams or residuals to comply with Sec. 63.138 of subpart G of this
part. Most treatment processes are conducted in tanks. Treatment
processes are a subset of waste management units.
Uncontrolled HAP emissions means a gas stream containing HAP which
has exited the process (or process condenser, if any), but which has not
yet been introduced into an air pollution control device to reduce the
mass of HAP in the stream. If the process vent is not routed to an air
pollution control device, uncontrolled emissions are those HAP emissions
released to the atmosphere.
[[Page 465]]
Unit operation means those processing steps that occur within
distinct equipment that are used, among other things, to prepare
reactants, facilitate reactions, separate and purify products, and
recycle materials. Equipment used for these purposes includes, but is
not limited to, reactors, distillation units, extraction columns,
absorbers, decanters, dryers, condensers, and filtration equipment.
Vapor-mounted seal means a continuous seal that completely covers
the annular space between the wall of the storage tank or waste
management unit and the edge of the floating roof, and is mounted such
that there is a vapor space between the stored liquid and the bottom of
the seal.
Volatile organic compounds are defined in 40 CFR 51.100.
Waste management unit means the equipment, structure(s), and/or
device(s) used to convey, store, treat, or dispose of wastewater streams
or residuals. Examples of waste management units include wastewater
tanks, surface impoundments, individual drain systems, and biological
wastewater treatment units. Examples of equipment that may be waste
management units include containers, air flotation units, oil-water
separators or organic-water separators, or organic removal devices such
as decanters, strippers, or thin-film evaporation units. If such
equipment is a recovery device, then it is part of a PAI process unit
and is not a waste management unit.
Wastewater means water that meets either of the conditions described
in paragraph (1) or (2) of this definition and is discarded from a PAI
process unit that is at an affected source:
(1) Is generated from a PAI process or a scrubber used to control
emissions from a PAI process and contains either:
(i) An annual average concentration of compounds in Table 9 of
subpart G of this part of at least 5 ppmw and has an average flow rate
of 0.02 L/min or greater; or
(ii) An annual average concentration of compounds in Table 9 of
subpart G of this part of at least 10,000 ppmw at any flow rate;
(2) Is generated from a PAI process unit as a result of maintenance
activities and contains at least 5.3 Mg of compounds listed in Table 9
of subpart G of this part per individual discharge event.
Wastewater tank means a stationary waste management unit that is
designed to contain an accumulation of wastewater or residuals and is
constructed primarily of nonearthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support. Wastewater tanks used
for flow equalization are included in this definition.
Water seal controls means a seal pot, p-leg trap, or other type of
trap filled with water (e.g., flooded sewers that maintain water levels
adequate to prevent air flow through the system) that creates a water
barrier between the sewer line and the atmosphere. The water level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.
[64 FR 33589, June 23, 1999, as amended at Nov. 21, 2001; 67 FR 59343,
Sept. 20, 2002; 71 FR 20460, Apr. 20, 2006; 79 FR 17372, Mar. 27, 2014]
Sec. 63.1362 Standards.
(a) On and after the compliance dates specified in Sec. 63.1364,
each owner or operator of an affected source subject to the provisions
of this subpart shall control HAP emissions to the levels specified in
this section and in Sec. 63.1363, as summarized in Table 2 of this
subpart.
(b) Process vents. (1) The owner or operator of an existing source
shall comply with the requirements of paragraphs (b)(2) and (3) of this
section. The owner or operator of a new source shall comply with the
requirements of paragraphs (b)(4) and (5) of this section. Compliance
with paragraphs (b)(2) through (b)(5) of this section shall be
demonstrated through the applicable test methods and initial compliance
procedures in Sec. 63.1365 and the monitoring requirements in Sec.
63.1366.
(2) Organic HAP emissions from existing sources. The owner or
operator of an existing affected source must comply with the
requirements in either paragraph (b)(2)(i) of this section or with the
requirements in paragraphs (b)(2)(ii) through (iv) of this section.
(i) The uncontrolled organic HAP emission rate shall not exceed 0.15
Mg/yr from the sum of all process vents within a process.
[[Page 466]]
(ii) (A) Except as provided in paragraph (b)(2)(ii)(B) of this
section, uncontrolled organic HAP emissions from a process vent shall be
reduced by 98 percent by weight or greater if the flow-weighted average
flowrate for the vent as calculated using Equation 1 of this subpart is
less than or equal to the flowrate calculated using Equation 2 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.000
[GRAPHIC] [TIFF OMITTED] TR23JN99.001
Where:
FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FR = flowrate, scfm
HL = annual uncontrolled organic HAP emissions, lb/yr, as defined in
Sec. 63.1361
(B) If the owner or operator can demonstrate that a control device,
installed on or before November 10, 1997 on a process vent otherwise
subject to the requirements of paragraph (b)(2)(ii)(A) of this section,
reduces inlet emissions of total organic HAP by greater than or equal to
90 percent by weight but less than 98 percent by weight, then the
control device must be operated to reduce inlet emissions of total
organic HAP by 90 percent by weight or greater.
(iii) Excluding process vents that are subject to the requirements
in paragraph (b)(2)(ii) of this section, uncontrolled organic HAP
emissions from the sum of all process vents within a process shall be
reduced by 90 percent or greater by weight.
(iv) As an alternative to the requirements in paragraphs (b)(2)(ii)
and (iii) of this section, uncontrolled organic HAP emissions from any
process vent may be reduced in accordance with any of the provisions in
paragraphs (b)(2)(iv)(A) through (D) of this section. All remaining
process vents within a process must be controlled in accordance with
paragraphs (b)(2)(ii) and (iii) of this section.
(A) To outlet concentrations less than or equal to 20 ppmv; or
(B) By a flare that meets the requirements of Sec. 63.11(b); or
(C) By a control device specified in Sec. 63.1365(a)(4); or
(D) In accordance with the alternative standard specified in
paragraph (b)(6) of this section.
(3) HCl and Cl2 emissions from existing sources. For each process,
the owner or operator of an existing source shall comply with the
requirements of either paragraph (b)(3)(i) or (ii) of this section.
(i) The uncontrolled HCl and Cl2 emissions, including HCl
generated from the combustion of halogenated process vent emissions,
from the sum of all process vents within a process shall not exceed 6.8
Mg/yr.
(ii) HCl and Cl2 emissions, including HCl generated from
combustion of halogenated process vent emissions, from the sum of all
process vents within a process shall be reduced by 94 percent or greater
or to outlet concentrations less than or equal to 20 ppmv.
(4) Organic HAP emissions from new sources. For each process, the
owner or operator of a new source shall comply with the requirements of
either paragraph (b)(4)(i) or (ii) of this section.
(i) The uncontrolled organic HAP emissions shall not exceed 0.15 Mg/
yr from the sum of all process vents within a process.
(ii) The uncontrolled organic HAP emissions from the sum of all
process vents within a process at a new affected source that are not
controlled according to any of the requirements of paragraphs
(b)(4)(ii)(A) through (C) or (b)(6) of this section shall be reduced by
98 weight percent or greater.
(A) To outlet concentrations less than or equal to 20 ppmv; or
(B) By a flare that meets the requirements of Sec. 63.11(b); or
(C) By a control device specified in Sec. 63.1365(a)(4).
(5) HCl and Cl2 emissions from new sources. For each process, the
owner or operator of a new source shall comply with the requirements of
either paragraph (b)(5)(i), (ii), or (iii) of this section.
(i) The uncontrolled HCl and Cl2 emissions, including HCl
generated
[[Page 467]]
from combustion of halogenated process vent emissions, from the sum of
all process vents within a process shall not exceed 6.8 Mg/yr.
(ii) If HCl and Cl2 emissions, including HCl generated
from combustion of halogenated process vent emissions, from the sum of
all process vents within a process are greater than 6.8 Mg/yr and less
than or equal to 191 Mg/yr, these HCl and Cl2 emissions shall
be reduced by 94 percent or to an outlet concentration less than or
equal to 20 ppmv.
(iii) If HCl and Cl2 emissions, including HCl generated
from combustion of halogenated process vent emissions, from the sum of
all process vents within a process are greater than 191 Mg/yr, these HCl
and Cl2 emissions shall be reduced by 99 percent or greater
or to an outlet concentration less than or equal to 20 ppmv.
(6) Alternative standard. As an alternative to the provisions in
paragraphs (b)(2) through (5) of this section, the owner or operator may
route emissions from a process vent to a combustion control device
achieving an outlet TOC concentration, as calibrated on methane or the
predominant HAP, of 20 ppmv or less, and an outlet concentration of HCl
and Cl2 of 20 ppmv or less. If the owner or operator is
routing emissions to a non-combustion control device or series of
control devices, the control device(s) must achieve an outlet TOC
concentration, as calibrated on methane or the predominant HAP, of 50
ppmv or less, and an outlet concentration of HCl and Cl2 of
50 ppmv or less. Any process vents within a process that are not routed
to such a control device or series of control devices must be controlled
in accordance with the provisions of paragraph (b)(2)(ii), (iii), (iv),
(b)(3)(ii), (b)(4)(ii), (b)(5)(ii) or (iii) of this section, as
applicable.
(c) Storage vessels. (1) The owner or operator shall either
determine the group status of a storage vessel or designate it as a
Group 1 storage vessel. If the owner or operator elects to designate the
storage vessel as a Group 1 storage vessel, the owner or operator is not
required to determine the maximum true vapor pressure of the material
stored in the storage vessel.
(2) Standard for existing sources. Except as specified in paragraphs
(c)(4), (5), and (6) of this section, the owner or operator of a Group 1
storage vessel at an existing affected source, as defined in Sec.
63.1361, shall equip the affected storage vessel with one of the
following:
(i) A fixed roof and internal floating roof, or
(ii) An external floating roof, or
(iii) An external floating roof converted to an internal floating
roof, or
(iv) A closed vent system meeting the conditions of paragraph (j) of
this section and a control device that meets any of the following
conditions:
(A) Reduces organic HAP emissions by 95 percent by weight or
greater; or
(B) Reduces organic HAP emissions to outlet concentrations of 20
ppmv or less; or
(C) Is a flare that meets the requirements of Sec. 63.11(b); or
(D) Is a control device specified in Sec. 63.1365(a)(4).
(3) Standard for new sources. Except as specified in paragraphs
(c)(4), (5), and (6) of this section, the owner or operator of a Group 1
storage vessel at a new source, as defined in Sec. 63.1361, shall equip
the affected storage vessel in accordance with any one of paragraphs
(c)(2)(i) through (iv) of this section.
(4) Alternative standard. As an alternative to the provisions in
paragraphs (c)(2) and (3) of this section, the owner or operator of an
existing or new affected source may route emissions from storage vessels
to a combustion control device achieving an outlet TOC concentration, as
calibrated on methane or the predominant HAP, of 20 ppmv or less, and an
outlet concentration of hydrogen chloride and chlorine of 20 ppmv or
less. If the owner or operator is routing emissions to a non-combustion
control device or series of control devices, the control device(s) must
achieve an outlet TOC concentration, as calibrated on methane or the
predominant HAP, of 50 ppmv or less, and an outlet concentration of HCl
and Cl2 of 50 ppmv or less.
(5) Planned routine maintenance. The owner or operator is exempt
from the specifications in paragraphs (c)(2) through (4) of this section
during periods of planned routine maintenance of
[[Page 468]]
the control device that do not exceed 240 hr/yr. The owner or operator
may submit an application to the Administrator requesting an extension
of this time limit to a total of 360 hr/yr. The application must explain
why the extension is needed, it must indicate that no material will be
added to the storage vessel between the time the 240-hr limit is
exceeded and the control device is again operational, and it must be
submitted at least 60 days before the 240-hr limit will be exceeded.
(6) Vapor balancing alternative. As an alternative to the
requirements in paragraphs (c)(2) and (3) of this section, the owner or
operator of an existing or new affected source may implement vapor
balancing in accordance with paragraphs (c)(6)(i) through (vii) of this
section.
(i) The vapor balancing system must be designed and operated to
route organic HAP vapors displaced from loading of the storage tank to
the railcar or tank truck from which the storage tank is filled.
(ii) Tank trucks and railcars must have a current certification in
accordance with the U.S. Department of Transportation pressure test
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for
railcars.
(iii) Hazardous air pollutants must only be unloaded from tank
trucks or railcars when vapor collection systems are connected to the
storage tank's vapor collection system.
(iv) No pressure relief device on the storage tank or on the railcar
or tank truck shall open during loading or as a result of diurnal
temperature changes (breathing losses).
(v) Pressure relief devices on affected storage tanks must be set to
no less than 2.5 psig at all times to prevent breathing losses. The
owner or operator shall record the setting as specified in Sec.
63.1367(b)(8) and comply with the following requirements for each
pressure relief valve:
(A) The pressure relief valve shall be monitored quarterly using the
method described in Sec. 63.180(b).
(B) An instrument reading of 500 ppmv or greater defines a leak.
(C) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 5 days after it is detected, and the
owner or operator shall comply with the recordkeeping requirements of
Sec. 63.1363(g)(4)(i) through (iv).
(vi) Railcars or tank trucks that deliver HAP to an affected storage
tank must be reloaded or cleaned at a facility that utilizes one of the
following control techniques:
(A) The railcar or tank truck must be connected to a closed vent
system with a control device that reduces inlet emissions of HAP by 90
percent by weight or greater; or
(B) A vapor balancing system designed and operated to collect
organic HAP vapor displaced from the tank truck or railcar during
reloading must be used to route the collected HAP vapor to the storage
tank from which the liquid being transferred originated.
(vii) The owner or operator of the facility where the railcar or
tank truck is reloaded or cleaned must comply with the following
requirements:
(A) Submit to the owner or operator of the affected storage tank and
to the Administrator a written certification that the reloading or
cleaning facility will meet the requirements of this section. The
certifying entity may revoke the written certification by sending a
written statement to the owner or operator of the affected storage tank
giving at least 90 days notice that the certifying entity is rescinding
acceptance of responsibility for compliance with the requirements of
this paragraph (c)(6)(vii)(A).
(B) If complying with paragraph (c)(6)(vi)(A) of this section,
demonstrate initial compliance in accordance with Sec. 63.1365(d),
demonstrate continuous compliance in accordance with Sec. 63.1366, keep
records as specified in Sec. 63.1367, and prepare reports as specified
in Sec. 63.1368.
(C) If complying with paragraph (c)(6)(vi)(B) of this section, keep
records of:
(1) The equipment to be used and the procedures to be followed when
reloading the railcar or tank truck and displacing vapors to the storage
tank from which the liquid originates, and
(2) Each time the vapor balancing system is used to comply with
paragraph (c)(6)(vi)(B) of this section.
[[Page 469]]
(7) Compliance with the provisions of paragraphs (c)(2) and (3) of
this section is demonstrated using the initial compliance procedures in
Sec. 63.1365(d) and the monitoring requirements in Sec. 63.1366.
Compliance with the outlet concentrations in paragraph (c)(4) of this
section shall be determined by the initial compliance provisions in
Sec. 63.1365(a)(5) and the continuous emission monitoring requirements
of Sec. 63.1366(b)(5).
(d) Wastewater. The owner or operator of each affected source shall
comply with the requirements of Sec. Sec. 63.132 through 63.147, with
the differences noted in paragraphs (d)(1) through (16) of this section
for the purposes of this subpart.
(1) When the determination of equivalence criteria in Sec.
63.102(b) is referred to in Sec. Sec. 63.132, 63.133, and 63.137 of
subpart G of this part, the provisions in Sec. 63.6(g) of subpart A of
this part shall apply.
(2) When the storage tank requirements contained in Sec. Sec.
63.119 through 63.123 are referred to in Sec. Sec. 63.132 through
63.147, Sec. Sec. 63.119 through 63.123 are applicable, with the
exception of the differences noted in paragraphs (d)(2)(i) through (iv)
of this section.
(i) When the term ``storage vessel'' is used in Sec. Sec. 63.119
through 63.123 of subpart G of this part, the definition of the term
``storage vessel'' in Sec. 63.1361 shall apply for the purposes of this
subpart.
(ii) When December 31, 1992, is referred to in Sec. 63.119 of
subpart G of this part, November 10, 1997 shall apply for the purposes
of this subpart.
(iii) When April 22, 1994 is referred to in Sec. 63.119 of subpart
G of this part, June 23, 1999 shall apply for the purposes of this
subpart.
(iv) When the phrase ``the compliance date specified in Sec. 63.100
of subpart F of this part'' is referred to in Sec. 63.120 of subpart G
of this part, the phrase ``the compliance date specified in Sec.
63.1364'' shall apply for the purposes of this subpart.
(3) To request approval to monitor alternative parameters, as
referred to in Sec. 63.146(a) of subpart G of this part, the owner or
operator shall comply with the procedures in Sec. 63.8(f) of subpart A
of this part, as referred to in Sec. 63.1366(b)(4), instead of the
procedures in Sec. 63.151(f) or (g) of subpart G of this part.
(4) When the Notification of Compliance Status report requirements
contained in Sec. 63.152(b) of subpart G of this part are referred to
in Sec. 63.146 of subpart G of this part, the Notification of
Compliance Status report requirements in Sec. 63.1368(f) shall apply
for the purposes of this subpart.
(5) When the recordkeeping requirements contained in Sec. 63.152(f)
of subpart G of this part are referred to in Sec. 63.147(d) of subpart
G of this part, the recordkeeping requirements in Sec. 63.1367 shall
apply for the purposes of this subpart.
(6) When the Periodic report requirements contained in Sec.
63.152(c) of subpart G of this part are referred to in Sec. Sec. 63.146
and 63.147 of subpart G of this part, the Periodic report requirements
contained in Sec. 63.1368(g) shall apply for the purposes of this
subpart.
(7) When the term ``process wastewater'' is referred to in
Sec. Sec. 63.132 through 63.147 of subpart G of this part, the term
``wastewater'' as defined in Sec. 63.1361 shall apply for the purposes
of this subpart.
(8) When the term ``Group 1 wastewater stream'' is used in
Sec. Sec. 63.132 through 63.147 of subpart G of this part, the
definition of the term ``Group 1 wastewater stream'' in Sec. 63.1361
shall apply for both new sources and existing sources for the purposes
of this subpart.
(9) The requirements in Sec. Sec. 63.132 through 63.147 for
compounds listed on Table 8 of subpart G of this part shall not apply
for the purposes of this subpart.
(10) When the total load of Table 9 compounds in the sum of all
process wastewater from PAI process units at a new affected source is
2,100 Mg/yr (2,300 tons/yr) or more, the owner or operator shall reduce,
by removal or destruction, the mass flow rate of all compounds in Table
9 of subpart G of this part in all wastewater (process and maintenance
wastewater) by 99 percent or more. Alternatively, the owner or operator
may treat the wastewater in a unit identified in and complying with
Sec. 63.138(h) of subpart G of this part. The removal/destruction
efficiency shall be
[[Page 470]]
determined by the procedures specified in Sec. 63.145(c) of subpart G
of this part, for noncombustion processes, or Sec. 63.145(d) of subpart
G of this part, for combustion processes.
(11) The compliance date for the affected source subject to the
provisions of this section is specified in Sec. 63.1364.
(12) As an alternative to using Method 18 of 40 CFR part 60, as
specified in Sec. Sec. 63.139(c)(1)(ii) and 63.145(i)(2), the owner or
operator may elect to use Method 25 or Method 25A of 40 CFR part 60, as
specified in Sec. 63.1365(b).
(13) The requirement to correct outlet concentrations from
combustion devices to 3 percent oxygen in Sec. 63.139(c)(1)(ii) shall
apply only if supplemental gases are combined with affected vent
streams, and the procedures in Sec. 63.1365(a)(7)(i) apply instead of
the procedures in Sec. 63.145(i)(6) to determine the percent oxygen
correction. If emissions are controlled with a vapor recovery system as
specified in Sec. 63.139(c)(2), the owner or operator must correct for
supplemental gases as specified in Sec. 63.1365(a)(7)(ii).
(14) As an alternative to the management and treatment options
specified in Sec. 63.132(g)(2), any Group 1 wastewater stream (or
residual removed from a Group 1 wastewater stream) that contains less
than 50 ppmw of HAP listed in Table 2 to subpart GGG of this part may be
transferred offsite or to an on-site treatment operation not owned or
operated by the owner or operator of the source generating the
wastewater (or residual) if the transferee manages and treats the
wastewater stream or residual in accordance with paragraphs (d)(14)(i)
through (iv) of this section.
(i) Treat the wastewater stream or residual in a biological
treatment unit in accordance with Sec. Sec. 63.138 and 63.145.
(ii) Cover the waste management units up to the activated sludge
unit. Alternatively, covers are not required if the owner or operator
demonstrates that less than 5 percent of the total HAP listed in Table 3
to subpart GGG of this part is emitted.
(iii) Inspect covers as specified in Sec. 63.1366(h).
(iv) The reference in Sec. 63.132(g)(2) to ``Sec. 63.102(b) of
subpart F'' does not apply for the purposes of this subpart.
(15) When Sec. 63.133 refers to Table 10 to subpart G of this part,
the maximum true vapor pressures in the table shall be limited to the
HAP listed in Table 9 to subpart G of this part.
(16) When the inspection, recordkeeping, and reporting requirements
contained in Sec. 63.148 are referred to in Sec. Sec. 63.132 through
63.147, the inspection requirements in Sec. 63.1366(h), the
recordkeeping requirements in Sec. 63.1367(f), and the reporting
requirements in Sec. 63.1368(g)(2)(iii) and (xi) shall apply for the
purposes of this subpart.
(e) Bag dumps and product dryers. (1) The owner or operator shall
reduce particulate matter emissions to a concentration not to exceed
0.01 gr/dscf from product dryers that dry a PAI or integral intermediate
that is a HAP.
(2) The owner or operator shall reduce particulate matter emissions
to a concentration not to exceed 0.01 gr/dscf from bag dumps that
introduce to a PAI process unit a feedstock that is a solid material and
a HAP, excluding bag dumps where the feedstock contains HAP only as
impurities.
(3) Gaseous HAP emissions from product dryers and bag dumps shall be
controlled in accordance with the provisions for process vent emissions
in paragraph (b) of this section.
(f) Heat exchange systems. Unless one or more of the conditions
specified in Sec. 63.104(a)(1) through (6) of subpart F of this part
are met, an owner or operator shall monitor each heat exchange system
that is used to cool process equipment in PAI process units that are
part of an affected source as defined in Sec. 63.1360(a) according to
the provisions in either Sec. 63.104(b) or (c) of subpart F of this
part. When the term ``chemical manufacturing process unit'' is used in
Sec. 63.104(c) of subpart F of this part, the term ``PAI process unit''
shall apply for the purposes of this subpart. Whenever a leak is
detected, the owner or operator shall comply with the requirements in
Sec. 63.104(d) of subpart F of this part. Delay of repair of heat
exchange systems for which leaks have been detected is allowed in
accordance with the provisions of Sec. 63.104(e) of subpart F of this
part.
(g) Pollution prevention alternative. Except as provided in
paragraph (g)(1) of this section, for a process that has
[[Page 471]]
an initial startup before November 10, 1997, an owner or operator may
choose to meet the pollution prevention alternative requirement
specified in either paragraph (g)(2) or (3) of this section for any PAI
process unit, in lieu of the requirements specified in paragraphs (b),
(c), (d), and (e) of this section and in Sec. 63.1363. Compliance with
the requirements of paragraphs (g)(2) and (3) of this section shall be
demonstrated through the procedures in Sec. Sec. 63.1365(g) and
63.1366(f).
(1) A HAP must be controlled according to the requirements of
paragraphs (b), (c), (d), and (e) of this section and Sec. 63.1363 if
it is generated in the PAI process unit or an associated control device
and it is not part of the production-indexed HAP consumption factor (HAP
factor).
(2) The HAP factor shall be reduced by at least 85 percent from a 3-
year average baseline beginning no earlier than the 1987 through 1989
calendar years. Alternatively, for a process that has been operating for
less than 3 years but more than 1 year, the baseline factor may be
calculated for the time period from startup of the process until the
present. For any reduction in the HAP factor achieved by reducing a HAP
that is also a VOC, an equivalent reduction in the production-indexed
VOC consumption factor (VOC factor) is also required (the equivalence is
determined on a mass basis, not a percentage basis). For any reduction
in the HAP factor that is achieved by reducing a HAP that is not a VOC,
the VOC factor may not be increased.
(3) As an alternative to the provisions in paragraph (g)(2) of this
section, the owner or operator may combine pollution prevention with
emissions control as specified in paragraphs (g)(3)(i) and (ii) of this
section.
(i) The HAP factor shall be reduced as specified in paragraph (g)(2)
of this section except that a reduction of at least 50 percent shall
apply for the purposes of this paragraph.
(ii) The total annual HAP emissions from the PAI process unit shall
be reduced by an amount that, when divided by the annual production rate
and added to the reduction of the HAP factor yields a value of at least
85 percent of the baseline HAP factor. The total annual VOC emissions
from the process unit must be reduced by an amount equivalent to the
reduction in HAP emissions for each HAP that is a VOC (the equivalence
is determined on a mass basis). For HAP emissions reductions that are
achieved by reducing a HAP that is not a VOC, the total annual VOC
emissions may not be increased. The reduction in HAP air emissions must
be achieved using one of the following control devices:
(A) Combustion control devices such as incinerators, flares, or
process heaters.
(B) Control devices such as condensers and carbon adsorbers whose
recovered product is destroyed or shipped offsite for destruction.
(C) Any control device that does not ultimately allow for recycling
of material back to the PAI process unit.
(D) Any control device for which the owner or operator can
demonstrate that the use of the device in controlling HAP emissions will
have no effect on the HAP factor for the PAI process unit.
(h) Emissions averaging provisions. Except as provided in paragraphs
(h)(1) through (7) of this section, the owner or operator of an existing
affected facility may choose to comply with the emission standards in
paragraphs (b), (c), and (d) of this section by using emissions
averaging procedures specified in Sec. 63.1365(h) for organic HAP
emissions from any storage vessel, process, or waste management unit
that is part of an affected source subject to this subpart.
(1) A State may restrict the owner or operator of an existing source
to use only the procedures in paragraphs (b), (c), and (d) of this
section to comply with the emission standards where State authorities
prohibit averaging of HAP emissions.
(2) Group 1 emission points that are controlled as specified in
paragraphs (h)(2)(i) through (iii) of this section may not be used to
calculate emissions averaging credits, unless the equipment is approved
for use in a different manner from that specified in paragraphs (b)
through (d) of this section, and a nominal efficiency has been assigned
according to the procedures in Sec. 63.150(i). The nominal efficiency
must
[[Page 472]]
exceed the percent reduction required by paragraphs (b) and (c) of this
section for process vents and storage vessels, respectively, exceed the
percent reduction required in Sec. 63.139(c) for control devices used
to control emissions vented from waste management units, and exceed the
percent reduction required in Sec. 63.138(e) or (f) for wastewater
treatment processes.
(i) Storage vessels controlled with an internal floating roof
meeting the specifications of Sec. 63.119(b), an external floating roof
meeting the specifications of Sec. 63.119(c), or an external floating
roof converted to an internal floating meeting the specifications of
Sec. 63.119(d).
(ii) Emission points controlled with a flare.
(iii) Wastewater streams that are managed in waste management units
that are controlled as specified in Sec. Sec. 63.133 through 63.137,
treated using a steam stripper meeting the specifications of Sec.
63.138(d), and emissions from the steam stripper are controlled in a
control device that meets the percent reduction requirements specified
in Sec. 63.139(c).
(3) Process vents and storage vessels controlled with a control
device to an outlet concentration of 20 ppmv or 50 ppmv, as specified in
paragraph (b)(2)(iv)(A), (b)(3)(ii), (b)(6), (c)(2)(iv)(B), or (c)(4) of
this section, and wastewater streams controlled in a treatment unit to
an outlet concentration of 50 ppmw, may not be used in any averaging
group.
(4) Maintenance wastewater streams, wastewater streams treated in
biological treatment units, and Group 2 wastewater streams that are not
managed as specified in Sec. Sec. 63.133 through 63.137 may not be
included in any averaging group.
(5) Processes which have been permanently shut down and storage
vessels permanently taken out of HAP service may not be included in any
averaging group.
(6) Emission points already controlled on or before November 15,
1990 may not be used to generate emissions averaging credits, unless the
level of control has been increased after November 15, 1990. In these
cases, credit will be allowed only for the increase in control after
November 15, 1990.
(7) Emission points controlled to comply with a State or Federal
rule other than this subpart may not be included in an emissions
averaging group, 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.
(i) Opening of a safety device. The owner or operator that opens a
safety device, as defined in Sec. 63.1361, is not exempt from
applicable standards in order to avoid unsafe conditions. If opening a
safety device results in the failure to meet any applicable standard,
the owner or operator must still comply with the general duty to
minimize emissions. If opening a safety device results in a deviation or
excess emissions, such events must be reported as specified in Sec.
63.1368(i). If the owner or operator attributes the event to a
malfunction and intends to assert an affirmative defense, the owner or
operator is subject to Sec. 63.1360(k).
(j) Closed-vent systems. The owner or operator of a closed-vent
system that contains bypass lines that could divert a vent stream away
from a control device used to comply with the requirements in paragraphs
(b) through (d) of this section shall comply with the requirements of
Table 3 of this subpart and paragraph (j)(1) or (2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, rupture disks and pressure relief valves
needed for safety purposes are not subject to this paragraph.
(1) Install, calibrate, maintain, and operate a flow indicator that
is capable of determining whether vent stream flow is present and taking
frequent, periodic readings. Records shall be maintained as specified in
Sec. 63.1367(f)(1). The flow indicator shall be installed at
[[Page 473]]
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 lock-and-key type configuration. Records shall be maintained as
specified in Sec. 63.1367(f)(2).
(k) Control requirements for certain liquid streams in open systems
within a PAI process unit. (1) The owner or operator shall comply with
the provisions of Table 4 of this subpart, for each item of equipment
meeting all the criteria specified in paragraphs (k)(2) through (4) of
this section and either paragraph (k)(5)(i) or (ii) of this section.
(2) The item of equipment is of a type identified in Table 4 of this
subpart;
(3) The item of equipment is part of a PAI process unit as defined
in Sec. 63.1361;
(4) The item of equipment is controlled less stringently than in
Table 4 of this subpart, and the item of equipment is not otherwise
exempt from controls by the provisions of this subpart or subpart A of
this part;
(5) 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 ppm by weight of compounds
in Table 9 of subpart G of this part at any flowrate; or a total annual
average concentration greater than or equal to 1,000 ppm by weight of
compounds in Table 9 of subpart G of this part at an annual average flow
rate greater than or equal to 10 liters per minute; or
(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
ppm by weight of compounds in Table 9 of subpart G of this part at an
annual average flowrate greater than or equal to 10 liters per minute.
The owner or operator of the source shall determine the characteristics
of the stream as specified in paragraphs (k)(5)(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) of subpart G of this part.
(l) Exemption for RCRA treatment units. An owner or operator shall
be exempt from the initial compliance demonstrations and monitoring
provisions in Sec. Sec. 63.1365 and 63.1366 and the associated
recordkeeping and reporting requirements in Sec. Sec. 63.1367 and
63.1368 for emissions from process vents, storage vessels, and waste
management units that are discharged to the following devices:
(1) A boiler or process heater burning hazardous waste for which the
owner or operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(2) 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.
[64 FR 33589, June 23, 1999, as amended at 67 FR 59343, Sept. 20, 2002;
68 FR 37358, June 23, 2003; 79 FR 17372, Mar. 27, 2014]
Sec. 63.1363 Standards for equipment leaks.
(a) General equipment leak requirements. (1) The provisions of this
section apply to ``equipment'' as defined in Sec. 63.1361. The
provisions of this section also apply to any closed-vent systems and
control devices required by this section.
(2) Consistency with other regulations. After the compliance date
for a process, equipment subject to both this section and either of the
following will be required to comply only with the provisions of this
subpart:
(i) 40 CFR part 60.
(ii) 40 CFR part 61.
(3) [Reserved]
(4) The provisions in Sec. 63.1(a)(3) of subpart A of this part do
not alter the provisions in paragraph (a)(2) of this section.
(5) Lines and equipment not containing process fluids are not
subject
[[Page 474]]
to the provisions of this section. 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.
(6) The provisions of this section do not apply to bench-scale
processes, regardless of whether the processes are located at the same
plant site as a process subject to the provisions of this subpart MMM.
(7) Each piece of equipment to which this section applies shall be
identified such that it can be distinguished readily from equipment that
is not subject to this section. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, or by
designation of process boundaries by some form of weatherproof
identification. If changes are made to the affected source subject to
the leak detection requirements, equipment identification for each type
of component shall be updated, if needed, within 15 calendar days of the
end of each monitoring period for that component.
(8) Equipment that is in vacuum service is excluded from the
requirements of this section.
(9) Equipment that is in organic HAP service, but is in such service
less than 300 hours per calendar year, is excluded from the requirements
of this section if it is identified as required in paragraph (g)(9) of
this section.
(10) When each leak is detected by visual, audible, or olfactory
means, or by monitoring as described in Sec. 63.180(b) or (c) of
subpart H of this part, the following requirements apply:
(i) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(ii) The identification on a valve in light liquid or gas/vapor
service may be removed after it has been monitored as specified in
paragraph (e)(7)(iii) of this section, and no leak has been detected
during the follow-up monitoring. If an owner or operator elects to
comply with Sec. 63.174(c)(1)(i), the identification on a connector may
be removed after it has been monitored as specified in Sec.
63.174(c)(1)(i) and no leak is detected during that monitoring.
(iii) The identification on equipment, except as specified in
paragraph (a)(10)(ii) of this section, may be removed after it has been
repaired.
(b) References. The owner or operator shall comply with the
provisions of subpart H of this part as specified in paragraphs (b)(1)
through (3) of this section and with paragraph (b)(4) of this section
for pressure relief devices. When the term ``process unit'' is used in
subpart H of this part, it shall mean any group of processes for the
purposes of this subpart. Groups of processes as used in this subpart
may be any individual process or combination of processes.
(1) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170,
63.173, 63.175, 63.176, 63.181, and 63.182 of subpart H of this part
shall not apply for the purposes of this subpart MMM. The owner or
operator shall comply with the provisions specified in paragraphs
(b)(1)(i) through (viii) of this section.
(i) Sections 63.160 and 63.162 of subpart H of this part shall not
apply, instead the owner or operator shall comply with paragraph (a) of
this section;
(ii) Section 63.161 of subpart H of this part shall not apply,
instead the owner or operator shall comply with Sec. 63.1361;
(iii) Sections 63.163 and 63.173 of subpart H of this part shall not
apply, instead the owner or operator shall comply with paragraph (c) of
this section;
(iv) Section 63.167 of subpart H of this part shall not apply,
instead the owner or operator shall comply with paragraph (d) of this
section;
(v) Section 63.168 of subpart H of this part shall not apply,
instead the owner or operator shall comply with paragraph (e) of this
section;
(vi) Section 63.170 of subpart H of this part shall not apply,
instead the owner or operator shall comply with Sec. 63.1362(b);
(vii) Section 63.181 of subpart H of this part shall not apply,
instead the owner or operator shall comply with paragraph (g) of this
section; and
(viii) Section 63.182 of subpart H of this part shall not apply,
instead the owner or operator shall comply with paragraph (h) of this
section.
[[Page 475]]
(2) The owner or operator shall comply with Sec. Sec. 63.164,
63.166, 63.169, 63.177, and 63.179 of subpart H of this part in their
entirety, except that when these sections reference other sections of
subpart H of this part, the owner or operator shall comply with the
revised sections as specified in paragraphs (b)(1), (3), and (4) of this
section. Section 63.164 of subpart H of this part applies to
compressors. Section 63.166 of subpart H of this part applies to
sampling connection systems. Section 63.169 of subpart H of this part
applies to: pumps, valves, connectors, and agitators in heavy liquid
service; instrumentation systems; and pressure relief devices in liquid
service. Section 63.177 of subpart H of this subpart applies to general
alternative means of emission limitation. Section 63.179 of subpart H of
this part applies to alternative means of emission limitation for
enclosed-vented process units.
(3) The owner or operator shall comply with Sec. Sec. 63.171,
63.172, 63.174, 63.178, and 63.180 of subpart H of this part with the
differences specified in paragraphs (b)(3)(i) through (v) of this
section.
(i) Section 63.171, Delay of repair, shall apply except Sec.
63.171(a) shall not apply. Delay of repair of equipment for which leaks
have been detected is allowed if one of the following conditions exist:
(A) The repair is technically infeasible without a process shutdown.
Repair of this equipment shall occur by the end of the next scheduled
process shutdown.
(B) The owner or operator determines that repair personnel would be
exposed to an immediate danger if attempting to repair without a process
shutdown. Repair of this equipment shall occur by the end of the next
scheduled process shutdown.
(ii) Section 63.172, Closed-vent systems and control devices, shall
apply for closed-vent systems used to comply with this section, and for
control devices used to comply with this section only, except:
(A) Section 63.172(k) and (l) shall not apply. The owner or operator
shall instead comply with paragraph (f) of this section.
(B) Owners or operators may, instead of complying with the
provisions of Sec. 63.172(f), design a closed-vent system to operate at
a pressure below atmospheric pressure. The system shall be equipped with
at least one pressure gauge 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
associated control device is operating.
(iii) Section 63.174, Connectors, shall apply except:
(A) Section 63.174(b), (f), (g), and (h) shall not apply. In place
of Sec. 63.174(b), the owner or operator shall comply with paragraphs
(b)(3)(iii)(C) through (G) of this section. In place of Sec. 63.174(f),
(g), and (h), the owner or operator shall comply with paragraph (f) of
this section.
(B) Days that the connectors are not in organic HAP service shall
not be considered part of the 3-month period in Sec. 63.174(c).
(C) If the percent leaking connectors in a group of processes was
greater than or equal to 0.5 percent during the initial monitoring
period, monitoring shall be performed once per year until the percent
leaking connectors is less than 0.5 percent.
(D) If the percent leaking connectors in the group of processes was
less than 0.5 percent, but equal to or greater than 0.25 percent, during
the last required monitoring period, monitoring shall be performed once
every 4 years. An owner or operator may comply with the requirements of
this paragraph by monitoring at least 40 percent of the connectors in
the first 2 years and the remainder of the connectors within the next 2
years. The percent leaking connectors will be calculated for the total
of all monitoring performed during the 4-year period.
(E) The owner or operator shall increase the monitoring frequency to
once every 2 years for the next monitoring period if leaking connectors
comprise at least 0.5 percent but less than 1.0 percent of the
connectors monitored within either the 4 years specified in paragraph
(b)(3)(iii)(D) of this section, the first 4 years specified in paragraph
(b)(3)(iii)(G) of this section, or the entire 8 years specified in
paragraph (b)(3)(iii)(G) of this section. At
[[Page 476]]
the end of that 2-year monitoring period, the owner or operator shall
monitor once per year while the percent leaking connectors is greater
than or equal to 0.5 percent; if the percent leaking connectors is less
than 0.5 percent, the owner or operator may again elect to monitor in
accordance with paragraph (b)(3)(iii)(D) or (G) of this section, as
applicable.
(F) If an owner or operator complying with the requirements of
paragraph (b)(3)(iii)(D) or (G) of this section for a group of processes
determines that 1 percent or greater of the connectors are leaking, the
owner or operator shall increase the monitoring frequency to one time
per year. The owner or operator may again elect to use the provisions of
paragraph (b)(3)(iii)(D) or (G) of this section after a monitoring
period in which less than 0.5 percent of the connectors are determined
to be leaking.
(G) Monitoring shall be required once every 8 years, if the percent
leaking connectors in the group of process units was less than 0.25
percent during the last required monitoring period. An owner or operator
shall monitor at least 50 percent of the connectors in the first 4 years
and the remainder of the connectors within the next 4 years. If the
percent leaking connectors in the first 4 years is equal to or greater
than 0.35 percent, the monitoring program shall revert at that time to
the appropriate monitoring frequency specified in paragraph
(b)(3)(iii)(D), (E), or (F) of this section.
(iv) Section 63.178, shall apply, except as specified in paragraphs
(b)(3)(iv)(A) and (B) of this section.
(A) Section 63.178(b), requirements for pressure testing, shall
apply to all processes, not just batch processes.
(B) For pumps, the phrase ``at the frequencies specified in Table 1
of this subpart'' in Sec. 63.178(c)(3)(iii) shall mean ``quarterly''
for the purposes of this subpart.
(v) Section 63.180 of subpart H of this part, Test methods and
procedures, shall apply except Sec. 63.180(b)(4)(ii)(A) through (C) of
subpart H of this part shall not apply. Calibration gases shall be a
mixture of methane and air at a concentration of approximately, but less
than, 10,000 parts per million methane for agitators, 2,000 parts per
million for pumps, and 500 parts per million for all other equipment,
except as provided in Sec. 63.180(b)(4)(iii) of subpart H of this part.
(4) Requirements for pressure relief devices. Except as specified in
paragraph (b)(4)(iv) of this section, the owner or operator must comply
with the operating and pressure release requirements specified in
paragraphs (b)(4)(i) and (ii) of this section for pressure relief
devices in organic HAP gas or vapor service. Except as specified in
paragraph (b)(4)(iv) of this section, the owner or operator must also
comply with the pressure release management requirements specified in
paragraph (b)(4)(iii) of this section for all pressure relief devices in
organic HAP service.
(i) Operating requirements. Except during a pressure release event,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
detected by Method 21 of 40 CFR part 60, appendix A.
(ii) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, comply with paragraphs (b)(4)(ii)(A)
or (B) of this section, as applicable.
(A) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as detected by Method 21 of
40 CFR part 60, appendix A, no later than 5 calendar days after the
pressure release to verify that the pressure relief device is operating
with an instrument reading of less than 500 ppm above background, except
as provided in Sec. 63.171.
(B) If the pressure relief device consists of or includes a rupture
disk, install a replacement disk as soon as practicable after a pressure
release, but no later than 5 calendar days after the pressure release,
except as provided in Sec. 63.171.
(iii) Pressure release management. Except as specified in paragraph
(b)(4)(iv) of this section, pressure releases to the atmosphere from
pressure relief devices in organic HAP service are prohibited, and the
owner or operator must comply with the requirements specified in
paragraphs (b)(4)(iii)(A) and (B) of this section for all pressure
relief devices in organic HAP service.
[[Page 477]]
(A) For each pressure relief device in organic HAP service, the
owner or operator must equip each pressure relief device with a
device(s) or use a monitoring system that is capable of:
(1) Identifying the pressure release;
(2) Recording the time and duration of each pressure release; and
(3) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system may be either specific to the
pressure relief device itself or may be associated with the process
system or piping, sufficient to indicate a pressure release to the
atmosphere. Examples of these types of devices and systems include, but
are not limited to, a rupture disk indicator, magnetic sensor, motion
detector on the pressure relief valve stem, flow monitor, or pressure
monitor.
(B) If any pressure relief device in organic HAP service releases to
atmosphere as a result of a pressure release event, the owner or
operator must calculate the quantity of organic HAP released during each
pressure release event and report this quantity as required in paragraph
(h)(3)(v) of this section. Calculations may be based on data from the
pressure relief device monitoring alone or in combination with process
parameter monitoring data and process knowledge.
(iv) Pressure relief devices routed to a control device, process, or
drain system. If a pressure relief device in organic HAP service is
designed and operated to route all pressure releases through a closed
vent system to a control device, process, or drain system, the owner or
operator is not required to comply with paragraphs (b)(4)(i), (ii), or
(iii) (if applicable) of this section. Both the closed vent system and
control device (if applicable) must meet the requirements of Sec.
63.172. The drain system (if applicable) must meet the requirements of
Sec. 63.136.
(c) Standards for pumps in light liquid service and agitators in
gas/vapor service and in light liquid service. (1) The provisions of
this section apply to each pump that is in light liquid service, and to
each agitator in gas/vapor service or in light liquid service.
(2)(i) Monitoring. Each pump and agitator subject to this section
shall be monitored quarterly to detect leaks by the method specified in
Sec. 63.180(b), except as provided in Sec. Sec. 63.177, 63.178,
paragraph (f) of this section, and paragraphs (c)(5) through (9) of this
section.
(ii) Leak definition. The instrument reading, as determined by the
method as specified in Sec. 63.180(b) of subpart H of this part, that
defines a leak is:
(A) For agitators, an instrument reading of 10,000 parts per million
or greater.
(B) For pumps, an instrument reading of 2,000 parts per million or
greater.
(iii) Visual inspections. Each pump and agitator shall be checked by
visual inspection each calendar week for indications of liquids dripping
from the pump or agitator seal. If there are indications of liquids
dripping from the seal at the time of the weekly inspection, the owner
or operator shall follow the procedure specified in either paragraph
(c)(2)(iii)(A) or (B) of this section prior to the next weekly
inspection.
(A) The owner or operator shall monitor the pump or agitator by the
method specified in Sec. 63.180(b). If the instrument reading indicates
a leak as specified in paragraph (c)(2)(ii) of this section, a leak is
detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(3) Repair provisions. (i) When a leak is detected pursuant to
paragraph (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of
this section, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in
paragraph (b)(3)(i) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices where
practicable:
(A) Tightening of packing gland nuts.
(B) Ensuring that the seal flush is operating at design pressure and
temperature.
(4) Calculation of percent leakers. (i) The owner or operator shall
decide no later than the end of the first monitoring period what groups
of processes will be developed. Once the owner or operator has decided,
all subsequent percent calculations shall be made on the same basis.
[[Page 478]]
(ii) If, calculated on a 1-year rolling average, 10 percent or more
of the pumps in a group of processes (or 3 pumps in a group of processes
with fewer than 30 pumps) leak, the owner or operator shall monitor each
pump once per month, until the calculated 1-year rolling average value
drops below 10 percent (or three pumps in a group of processes with
fewer than 30 pumps).
(iii) The number of pumps in a group of processes shall be the sum
of all the pumps in organic HAP service, except that pumps found leaking
in a continuous process within 1 quarter after startup of the pump shall
not count in the percent leaking pumps calculation for that one
monitoring period only.
(iv) Percent leaking pumps shall be determined using Equation 3 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.002
Where:
%PL = percent leaking pumps
PL = number of pumps found leaking as determined through
quarterly monitoring as required in paragraphs (c)(2)(i) and
(ii) of this section.
PT = total pumps in organic HAP service, including those
meeting the criteria in paragraphs (c)(5) and (6) of this
section
PS = number of pumps in a continuous process leaking within 1
quarter of startup during the current monitoring period
(5) Exemptions. Each pump or agitator equipped with a dual
mechanical seal system that includes a barrier fluid system and meets
the requirements specified in paragraphs (c)(5)(i) through (vii) is
exempt from the requirements of paragraphs (c)(1) through (c)(4)(iii) of
this section, except as specified in paragraphs (c)(5)(iv)(A) and (vii)
of this section.
(i) Each dual mechanical seal system is:
(A) Operated with the barrier fluid at a pressure that is at all
times greater than the pump/agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
connected by a closed-vent system to a control device that complies with
the requirements of paragraph (b)(3)(ii) of this section; 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 pump/agitator is checked by visual inspection each
calendar week for indications of liquids dripping from the pump/agitator
seal. If there are indications of liquids dripping from the pump or
agitator seal at the time of the weekly inspection, the owner or
operator shall follow the procedures specified in either paragraph
(c)(5)(iv)(A) or (B) of this section prior to the next required
inspection.
(A) The owner or operator shall monitor the pump or agitator using
the method specified in Sec. 63.180(b) to determine if there is a leak
of organic HAP in the barrier fluid. If the instrument reading indicates
a leak, as specified in paragraph (c)(2)(ii) of this section, a leak is
detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (c)(5)(iii) 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.
(vi)(A) 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 indicate failure
of the seal system, the barrier fluid system, or both.
(B) If indications of liquids dripping from the pump/agitator seal
exceed the criteria established in paragraph (c)(5)(vi)(A) of this
section, or if, based
[[Page 479]]
on the criteria established in paragraph (c)(5)(vi)(A) of this section,
the sensor indicates failure of the seal system, the barrier fluid
system, or both, a leak is detected.
(vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or
(vi)(B) of this section, the leak must be repaired as specified in
paragraph (c)(3) of this section.
(6) Any pump/agitator that is designed with no externally actuated
shaft penetrating the pump/agitator housing is exempt from the
requirements of paragraphs (c)(1) through (3) of this section.
(7) Any pump/agitator equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals back to
the process or to a control device that complies with the requirements
of paragraph (b)(3)(ii) of this section is exempt from the requirements
of paragraphs (c)(2) through (5) of this section.
(8) Any pump/agitator that is located within the boundary of an
unmanned plant site is exempt from the weekly visual inspection
requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section,
and the daily requirements of paragraph (c)(5)(v) of this section,
provided that each pump/agitator is visually inspected as often as
practicable and at least monthly.
(9) If more than 90 percent of the pumps in a group of processes
meet the criteria in either paragraph (c)(5) or (6) of this section, the
group of processes is exempt from the requirements of paragraph (c)(4)
of this section.
(d) Standards: open-ended valves or lines. (1)(i) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Sec. 63.177 of subpart H of this
part and paragraphs (d)(4) through (6) of this section.
(ii) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line, or during maintenance or
repair. The cap, blind flange, plug, or second valve shall be in place
within 1 hour of cessation of operations requiring process fluid flow
through the open-ended valve or line, or within 1 hour of cessation of
maintenance or repair.
(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 (d)(1) of
this section at all other times.
(4) Open-ended valves or lines in an emergency shutdown system which
are designed to open automatically in the event of a process upset are
exempt from the requirements of paragraphs (d)(1) through (3) of this
section.
(5) Open-ended valves or lines containing materials which would
autocatalytically polymerize are exempt from the requirements of
paragraphs (d)(1) through (3) of this section.
(6) Open-ended valves or lines containing materials which could
cause an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraphs (d)(1) through (3) of this section are exempt from the
requirements of paragraphs (d)(1) through (3) of this section.
(e) Standards: valves in gas/vapor service and in light liquid
service. (1) The provisions of this section apply to valves that are
either in gas/vapor service or in light liquid service.
(2) For existing and new affected sources, all valves subject to
this section shall be monitored, except as provided in paragraph (f) of
this section and in Sec. 63.177 of subpart H of this part, by no later
than 1 year after the compliance date.
(3) Monitoring. The owner or operator of a source subject to this
section shall monitor all valves, except as provided in paragraph (f) of
this section and in Sec. 63.177 of subpart H of this part, at the
intervals specified in paragraph (e)(4) of this section and shall comply
with all other provisions of this section, except as provided in
paragraph (b)(3)(i) of this section and Sec. Sec. 63.178 and 63.179 of
subpart H of this part.
[[Page 480]]
(i) The valves shall be monitored to detect leaks by the method
specified in Sec. 63.180(b) of subpart H of this part.
(ii) An instrument reading of 500 parts per million or greater
defines a leak.
(4) Subsequent monitoring frequencies. After conducting the initial
survey required in paragraph (e)(2) of this section, the owner or
operator shall monitor valves for leaks at the intervals specified
below:
(i) For a group of processes with 2 percent or greater leaking
valves, calculated according to paragraph (e)(6) of this section, the
owner or operator shall monitor each valve once per month, except as
specified in paragraph (e)(9) of this section.
(ii) For a group of processes with less than 2 percent leaking
valves, the owner or operator shall monitor each valve once each
quarter, except as provided in paragraphs (e)(4)(iii) through (v) of
this section.
(iii) For a group of processes with less than 1 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 quarters.
(iv) For a group of processes with less than 0.5 percent leaking
valves, the owner or operator may elect to monitor each valve once every
4 quarters.
(v) For a group of processes with less than 0.25 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 years.
(5) Calculation of percent leakers. For a group of processes to
which this subpart applies, the owner or operator may choose to
subdivide the valves in the applicable group of processes and apply the
provisions of paragraph (e)(4) of this section to each subgroup. If the
owner or operator elects to subdivide the valves in the applicable group
of processes, then the provisions of paragraphs (e)(5)(i) through (viii)
of this section apply.
(i) The overall performance of total valves in the applicable group
of processes must be less than 2 percent leaking valves, as detected
according to paragraphs (e)(3)(i) and (ii) of this section and as
calculated according to paragraphs (e)(6)(ii) and (iii) of this section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs (e)(5)(ii)
(A) through (C) of this section.
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than 1 year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least 1 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 the less frequently monitored
subgroup's monitoring event and associated next percent leaking valves
calculation for that group.
(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 group of processes
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 group of processes is 2 percent leaking valves or
greater, the owner or operator shall revert to the program required in
paragraphs (e)(2) through (4) of this section. The overall performance
of total valves in the applicable group of processes shall be calculated
as a weighted average of the percent leaking valves of each subgroup
according to Equation 4 of this subpart:
[[Page 481]]
[GRAPHIC] [TIFF OMITTED] TR23JN99.003
Where:
%VLO = overall performance of total valves in the applicable
group of processes
%VLi = percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs
(e)(6)(ii) and (iii) of this section
Vi = number of valves in subgroup i
n = number of subgroups
(iv) Records. In addition to records required by paragraph (g) of
this section, the owner or operator shall maintain records specified in
paragraphs (e)(5)(iv)(A) through (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 and when they were reassigned, and
(D) The results of the semiannual overall performance calculation
required in paragraph (e)(5)(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 processes and the valves assigned to each subgroup.
(vi) Semiannual reports. In addition to the information required by
paragraph (h)(3) of this section, the owner or operator shall submit in
the Periodic reports the information specified in paragraphs
(e)(5)(vi)(A) and (B) of this section.
(A) Valve reassignments occurring during the reporting period, and
(B) Results of the semiannual overall performance calculation
required by paragraph (e)(5)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (e)(6)(iii) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (e)(5)(i) and (iii) of this section, each subgroup shall be
treated as if it were a process for the purposes of applying the
provisions of this section.
(6)(i) The owner or operator shall decide no later than the
implementation date of this subpart or upon revision of an operating
permit how to group the processes. Once the owner or operator has
decided, all subsequent percentage calculations shall be made on the
same basis.
(ii) Percent leaking valves for each group of processes or subgroup
shall be determined using Equation 5 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.004
Where:
%VL = percent leaking valves
VL = number of valves found leaking excluding nonrepairables
as provided in paragraph (e)(6)(iv)(A) of this section
VT = total valves monitored, in a monitoring period excluding
valves monitored as required by paragraph (e)(7)(iii) of this
section
(iii) When determining monitoring frequency for each group of
processes or 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 group
of processes or 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.
(iv)(A) Nonrepairable valves shall be included in the calculation of
percent leaking valves the first time the valve is identified as leaking
and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B)
of this section. Otherwise, a number of nonrepairable valves (identified
and included in the percent leaking calculation in a previous period) up
to a maximum of 1 percent of the total number of valves in organic HAP
service at a process may be excluded from calculation of percent leaking
valves for subsequent monitoring periods.
(B) If the number of nonrepairable valves exceeds 1 percent of the
total
[[Page 482]]
number of valves in organic HAP service at a process, the number of
nonrepairable valves exceeding 1 percent of the total number of valves
in organic HAP service shall be included in the calculation of percent
leaking valves.
(7) Repair provisions. (i) 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 (b)(3)(i) of
this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(iii) When a leak is repaired, the valve shall be monitored at least
once within the first 3 months after its repair. Days that the valve is
not in organic HAP service shall not be considered part of this 3-month
period. The monitoring required by this paragraph is in addition to the
monitoring required to satisfy the definitions of ``repaired'' and
``first attempt at repair.''
(A) The monitoring shall be conducted as specified in Sec.
63.180(b) and (c) as appropriate, to determine whether the valve has
resumed leaking.
(B) Periodic monitoring required by paragraphs (e)(2) through (4) of
this section may be used to satisfy the requirements of paragraph
(e)(7)(iii) of this section, if the timing of the monitoring period
coincides with the time specified in paragraph (e)(7)(iii) of this
section. Alternatively, other monitoring may be performed to satisfy the
requirements of paragraph (e)(7)(iii) of this section, regardless of
whether the timing of the monitoring period for periodic monitoring
coincides with the time specified in paragraph (e)(7)(iii) of this
section.
(C) If a leak is detected by monitoring that is conducted pursuant
to paragraph (e)(7)(iii) of this section, the owner or operator shall
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this
section to determine whether that valve must be counted as a leaking
valve for purposes of paragraph (e)(6) of this section.
(1) If the owner or operator elects to use periodic monitoring
required by paragraphs (e)(2) through (4) of this section to satisfy the
requirements of paragraph (e)(7)(iii) of this section, then the valve
shall be counted as a leaking valve.
(2) If the owner or operator elects to use other monitoring prior to
the periodic monitoring required by paragraphs (e)(2) through (4) of
this section to satisfy the requirements of paragraph (e)(7)(iii) 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.
(8) First attempts at repair include, but are not limited to, the
following practices where practicable:
(i) Tightening of bonnet bolts,
(ii) Replacement of bonnet bolts,
(iii) Tightening of packing gland nuts, and
(iv) Injection of lubricant into lubricated packing.
(9) Any equipment located at a plant site with fewer than 250 valves
in organic HAP service in the affected source is exempt from the
requirements for monthly monitoring specified in paragraph (e)(4)(i) of
this section. Instead, the owner or operator shall monitor each valve in
organic HAP service for leaks once each quarter, or comply with
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided
in paragraph (f) of this section.
(f) Unsafe to monitor, difficult-to-monitor, and inaccessible
equipment. (1) Equipment that is designated as unsafe-to-monitor,
difficult-to-monitor, or inaccessible is exempt from the requirements as
specified in paragraphs (f)(1)(i) through (iv) of this section provided
the owner or operator meets the requirements specified in paragraph
(f)(2), (3), or (4) of this section, as applicable. All equipment,
except connectors that meet the requirements in paragraph (f)(4) of this
section, must be assigned to a group of processes. Ceramic or ceramic-
lined connectors are subject to the same requirements as inaccessible
connectors.
(i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this
section do not apply.
(ii) For valves, paragraphs (e)(2) through (7) of this section do
not apply.
(iii) For connectors, Sec. 63.174(b) through (e) and paragraphs
(b)(3)(iii)(C)
[[Page 483]]
through (G) of this section do not apply.
(iv) For closed-vent systems, Sec. 63.172(f)(1), (f)(2), and (g) do
not apply.
(2) Equipment that is unsafe-to-monitor. (i) Valves, connectors,
agitators, and any part of closed-vent systems may be designated as
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 identified in paragraphs
(f)(1)(i) through (iii) of this section, or the inspection requirements
identified in paragraph (f)(1)(iv) of this section.
(ii) The owner or operator of equipment that is designated as
unsafe-to-monitor must have a written plan that requires monitoring of
the equipment as frequently as practicable during safe-to-monitor times.
For valves, connectors, and agitators, monitoring shall not be more
frequent than the periodic monitoring schedule otherwise applicable to
the group of processes in which the equipment is located. For closed-
vent systems, inspections shall not be more frequent than annually.
(3) Equipment that is difficult-to-monitor. (i) A valve, agitator,
pump, or any part of a closed-vent system may be designated as
difficult-to-monitor if the owner or operator determines that the
equipment cannot be monitored or inspected without elevating the
monitoring personnel more than 2 meters above a support surface or the
equipment is not accessible in a safe manner when it is in organic HAP
service;
(ii) At a new affected source, an owner or operator may designate no
more than 3 percent of valves as difficult-to-monitor.
(iii) The owner or operator of valves, agitators, or pumps
designated as difficult-to-monitor must have a written plan that
requires monitoring of the equipment at least once per calendar year or
on the periodic monitoring schedule otherwise applicable to the group of
processes in which the equipment is located, whichever is less frequent.
For any part of a closed-vent system designated as difficult-to-monitor,
the owner or operator must have a written plan that requires inspection
of the closed-vent system at least once every 5 years.
(4) Inaccessible, ceramic, or ceramic-lined connectors. (i) A
connector may be designated as inaccessible if it is:
(A) Buried;
(B) Insulated in a manner that prevents access to the equipment by a
monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
equipment by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to equipment up to 7.6 meters
above the ground; or
(E) 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.
(F) Would require elevating the monitoring personnel more than 2
meters above a permanent support surface or would require the erection
of scaffold.
(ii) At a new affected source, an owner or operator may designate no
more than 3 percent of connectors as inaccessible.
(iii) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the leak shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected, except as provided in
paragraph (b)(3)(i) of this section.
(iv) Any connector that is inaccessible or that is ceramic or
ceramic-lined is exempt from the recordkeeping and reporting
requirements of paragraphs (g) and (h) of this section.
(g) Recordkeeping requirements. (1) An owner or operator of more
than one group of processes subject to the provisions of this section
may comply with the recordkeeping requirements for the groups of
processes in one recordkeeping system if the system identifies with each
record the program being implemented (e.g., quarterly monitoring) for
each type of equipment. All records
[[Page 484]]
and information required by this section shall be maintained in a manner
that can be readily accessed at the plant site. This could include
physically locating the records at the plant site or accessing the
records from a central location by computer at the plant site.
(2) General recordkeeping. Except as provided in paragraph (g)(5) of
this section, the following information pertaining to all equipment
subject to the requirements in this section shall be recorded:
(i)(A) A list of identification numbers for equipment (except
instrumentation systems) subject to the requirements of this section.
Connectors, except those subject to paragraph (f) of this section, need
not be individually identified if all connectors in a designated area or
length of pipe subject to the provisions of this section are identified
as a group, and the number of subject connectors is indicated. The list
for each type of equipment shall be completed no later than the
completion of the initial survey required for that component. The list
of identification numbers shall be updated, if needed, to incorporate
equipment changes within 15 calendar days of the completion of each
monitoring survey for the type of equipment component monitored.
(B) A schedule for monitoring connectors subject to the provisions
of Sec. 63.174(a) of subpart H of this part and valves subject to the
provisions of paragraph (e)(4) of this section.
(C) Physical tagging of the equipment is not required to indicate
that it is in organic HAP service. Equipment subject to the provisions
of this section may be identified on a plant site plan, in log entries,
or by other appropriate methods.
(ii)(A) A list of identification numbers for equipment that the
owner or operator elects to equip with a closed-vent system and control
device, subject to the provisions of paragraphs (b)(4)(iv) or (c)(7) of
this section or Sec. 63.164(h).
(B) A list of identification numbers for compressors that the owner
or operator elects to designate as operating with an instrument reading
of less than 500 parts per million above background, under the
provisions of Sec. 63.164(i) of subpart H of this part.
(iii)(A) A list of identification numbers for pressure relief
devices subject to the provisions in paragraph (b)(4)(i) of this
section.
(B) A list of identification numbers for pressure relief devices
equipped with rupture disks, subject to the provisions of paragraph
(b)(4)(ii)(B) of this section.
(iv) Identification of instrumentation systems subject to the
provisions of this section. Individual components in an instrumentation
system need not be identified.
(v) The following information shall be recorded for each dual
mechanical seal system:
(A) Design criteria required by paragraph (c)(5)(vi)(A) of this
section and Sec. 63.164(e)(2) of subpart H of this part, and an
explanation of the design criteria; and
(B) Any changes to these criteria and the reasons for the changes.
(vi) A list of equipment designated as unsafe-to-monitor or
difficult-to-monitor under paragraph (f) of this section and a copy of
the plan for monitoring this equipment.
(vii) A list of connectors removed from and added to the process, as
described in Sec. 63.174(i)(1) of subpart H of this part, and
documentation of the integrity of the weld for any removed connectors,
as required in Sec. 63.174(j) of subpart H of this part. This is not
required unless the net credits for removed connectors is expected to be
used.
(viii) For batch processes that the owner or operator elects to
monitor as provided under Sec. 63.178(c) of subpart H of this part, a
list of equipment added to batch product processes since the last
monitoring period required in Sec. 63.178(c)(3)(ii) and (iii) of
subpart H of this part. This list must be completed for each type of
equipment within 15 calendar days of the completion of the each
monitoring survey for the type of equipment monitored.
(3) Records of visual inspections. For visual inspections of
equipment subject to the provisions of paragraphs (c)(2)(iii) and
(c)(5)(iv) of this section, the owner or operator shall document that
the inspection was conducted and
[[Page 485]]
the date of the inspection. The owner or operator shall maintain records
as specified in paragraph (g)(4) of this section for leaking equipment
identified in this inspection, except as provided in paragraph (g)(5) of
this section. These records shall be retained for 5 years.
(4) Monitoring records. When each leak is detected as specified in
paragraphs (c) and (e) of this section and Sec. Sec. 63.164, 63.169,
63.172, and 63.174 of subpart H of this part, the owner or operator
shall record the information specified in paragraphs (g)(4)(i) through
(ix) of this section. All records shall be retained for 5 years, in
accordance with the requirements of Sec. 63.10(b)(1) of subpart A of
this part.
(i) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(ii) The date the leak was detected and the date of first attempt to
repair the leak.
(iii) The date of successful repair of the leak.
(iv) If postrepair monitoring is required, maximum instrument
reading measured by Method 21 of 40 CFR part 60, appendix A, after it is
successfully repaired or determined to be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures must be maintained at the plant site. Reasons for delay of
repair may be documented by citing the relevant sections of the written
procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(vi) If repairs were delayed, dates of process shutdowns that occur
while the equipment is unrepaired.
(vii)(A) If the alternative in Sec. 63.174(c)(1)(ii) of subpart H
of this part is not in use for the monitoring period, identification,
either by list, location (area or grouping), or tagging of connectors
disturbed since the last monitoring period required in Sec. 63.174(b)
of subpart H of this part, as described in Sec. 63.174(c)(1) of subpart
H of this part.
(B) The date and results of follow-up monitoring as required in
Sec. 63.174(c) of subpart H of this part. If identification of
disturbed connectors is made by location, then all connectors within the
designated location shall be monitored.
(viii) The date and results of the monitoring required in Sec.
63.178(c)(3)(i) of subpart H of this part for equipment added to a batch
process since the last monitoring period required in Sec.
63.178(c)(3)(ii) and (iii) of subpart H of this part. If no leaking
equipment is found in this monitoring, the owner or operator shall
record that the inspection was performed. Records of the actual
monitoring results are not required.
(ix) Copies of the periodic reports as specified in paragraph (h)(3)
of this section, if records are not maintained on a computerized data
base capable of generating summary reports from the records.
(5) Records of pressure tests. The owner or operator who elects to
pressure test a process equipment train and supply lines between storage
and processing areas to demonstrate compliance with this section is
exempt from the requirements of paragraphs (g)(2), (3), (4), and (6) of
this section. Instead, the owner or operator shall maintain records of
the following information:
(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 the process equipment train.
(ii) Records demonstrating the proportion of the time during the
calendar year the equipment is in use in the process that is subject to
the provisions of this subpart. Examples of suitable documentation are
records of time in use for individual pieces of equipment or average
time in use for the process unit. These records are not required if the
owner or operator does not adjust monitoring frequency by the time in
use, as provided in Sec. 63.178(c)(3)(iii) of subpart H of this part.
(iii) Physical tagging of the equipment to identify that it is in
organic
[[Page 486]]
HAP service and subject to the provisions of this section is not
required. Equipment in a process subject to the provisions of this
section may be identified on a plant site plan, in log entries, or by
other appropriate methods.
(iv) The dates of each pressure test required in Sec. 63.178(b) of
subpart H of this part, the test pressure, and the pressure drop
observed during the test.
(v) Records of any visible, audible, or olfactory evidence of fluid
loss.
(vi) When a process equipment train does not pass two consecutive
pressure tests, the following information 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.
(E) The date of successful repair.
(6) Records of compressor and pressure relief device compliance
tests. The dates and results of each compliance test required for
compressors subject to the provisions in Sec. 63.164(i) and the dates
and results of the Method 21 of 40 CFR part 60, appendix A, monitoring
following a pressure release for each pressure relief device subject to
the provisions in paragraphs (b)(4)(i) and (ii) of this section. The
results shall include:
(i) The background level measured during each compliance test.
(ii) The maximum instrument reading measured at each piece of
equipment during each compliance test.
(7) Records for closed-vent systems. The owner or operator shall
maintain records of the information specified in paragraphs (g)(7)(i)
through (iii) of this section for closed-vent systems and control
devices subject to the provisions of paragraph (b)(3)(ii) of this
section. The records specified in paragraph (g)(7)(i) of this section
shall be retained for the life of the equipment. The records specified
in paragraphs (g)(7)(ii) and (iii) of this section shall be retained for
5 years.
(i) The design specifications and performance demonstrations
specified in paragraphs (g)(7)(i)(A) through (D) 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) The flare design (i.e., steam assisted, air assisted, or
nonassisted) and the results of the compliance demonstration required by
Sec. 63.11(b) of subpart A of this part.
(D) A description of the parameter or parameters monitored, as
required in paragraph (b)(3)(ii) of this section, 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.
(A) Dates and durations when the closed-vent systems and control
devices required in paragraph (c) of this section and Sec. Sec. 63.164
through 63.166 of subpart H of this part are not operated as designed as
indicated by the monitored parameters, including periods when a flare
pilot light system does not have a flame.
(B) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(C) Dates and durations of startups and shutdowns of control devices
required in paragraph (c) of this section and Sec. Sec. 63.164 through
63.166 of subpart H of this part.
(iii) Records of inspections of closed-vent systems subject to the
provisions of Sec. 63.172 of subpart H of this part.
(A) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (2) of subpart H of this part during which no
leaks were detected, a record that the inspection was performed, the
date of the inspection, and a statement that no leaks were detected.
(B) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) of subpart H of this part during which
leaks were detected, the information specified in paragraph (g)(4) of
this section shall be recorded.
(8) Records for components in heavy liquid service. Information,
data, and analysis used to determine that a piece of
[[Page 487]]
equipment or process is in heavy liquid service shall be recorded. Such
a determination shall include an analysis or demonstration that the
process fluids do not meet the criteria of ``in light liquid or gas/
vapor 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.
(9) Records of exempt components. Identification, either by list,
location (area or group), or other method of equipment in organic HAP
service less than 300 hr/yr subject to the provisions of this section.
(10) Records of alternative means of compliance determination.
Owners and operators choosing to comply with the requirements of Sec.
63.179 of subpart H of this part shall maintain the following records:
(i) Identification of the process(es) and the organic HAP they
handle.
(ii) A schematic of the process, enclosure, and closed-vent system.
(iii) 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.
(11) Records of pressure releases to the atmosphere from pressure
relief devices. For pressure relief devices in organic HAP service
subject to paragraph (b)(4)(iii) of this section, keep records of each
pressure release to the atmosphere, including the following information:
(i) The source, nature, and cause of the pressure release.
(ii) The date, time, and duration of the pressure release.
(iii) The quantity of total HAP emitted during the pressure release
and the calculations used for determining this quantity.
(iv) The actions taken to prevent this pressure release.
(v) The measures adopted to prevent future such pressure releases.
(h) Reporting Requirements. (1) Each owner or operator of a source
subject to this section shall submit the reports listed in paragraphs
(h)(1)(i) and (ii) of this section.
(i) A Notification of Compliance Status report described in
paragraph (h)(2) of this section, and
(ii) Periodic reports described in paragraph (h)(3) of this section.
(2) Notification of compliance status report. Each owner or operator
of a source subject to this section shall submit the information
specified in paragraphs (h)(2)(i) through (iii) of this section in the
Notification of Compliance Status report described in Sec. 63.1368(f).
For pressure relief devices subject to the requirements of paragraph
(b)(4)(iii) of this section, the owner or operator shall submit the
information listed in paragraph (h)(2)(iv) of this section in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for pressure relief device monitoring.
Section 63.9(j) of subpart A of this part shall not apply to the
Notification of Compliance Status report.
(i) The notification shall provide the information listed in
paragraphs (h)(2)(i)(A) through (C) of this section for each group of
processes subject to the requirements of paragraphs (b) through (g) of
this section.
(A) Identification of the group of processes.
(B) Approximate number of each equipment type (e.g., valves, pumps)
in organic HAP service, excluding equipment in vacuum service.
(C) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(ii) The notification shall provide the information listed in
paragraphs (h)(2)(ii)(A) and (B) of this section for each process
subject to the requirements of paragraph (b)(3)(iv) of this section and
Sec. 63.178(b) of subpart H of this part.
(A) Products or product codes subject to the provisions of this
section, and
(B) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
section.
(iii) The notification shall provide the information listed in
paragraphs (h)(2)(iii)(A) and (B) of this section for each process
subject to the requirements in Sec. 63.179 of subpart H of this part.
[[Page 488]]
(A) Process identification.
(B) 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 paragraph (b)(3)(ii) of this section.
(iv) For pressure relief devices in organic HAP service, a
description of the device or monitoring system to be implemented,
including the pressure relief devices and process parameters to be
monitored (if applicable), a description of the alarms or other methods
by which operators will be notified of a pressure release, and a
description of how the owner or operator will determine the information
to be recorded under paragraphs (g)(11)(ii) and (iii) of this section
(i.e., the duration of the pressure release and the methodology and
calculations for determining of the quantity of total HAP emitted during
the pressure release).
(3) Periodic reports. The owner or operator of a source subject to
this section shall submit Periodic reports.
(i) A report containing the information in paragraphs (h)(3)(ii)
through (v) of this section shall be submitted semiannually. The first
Periodic 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. Each subsequent Periodic report shall cover the 6-
month period following the preceding period.
(ii) For equipment complying with the provisions of paragraphs (b)
through (g) of this section, the Periodic report shall contain the
summary information listed in paragraphs (h)(3)(ii)(A) through (L) of
this section for each monitoring period during the 6-month period.
(A) The number of valves for which leaks were detected as described
in paragraph (e)(2) of this section, the percent leakers, and the total
number of valves monitored;
(B) The number of valves for which leaks were not repaired as
required in paragraph (e)(7) of this section, identifying the number of
those that are determined nonrepairable;
(C) The number of pumps and agitators for which leaks were detected
as described in paragraph (c)(2) of this section, the percent leakers,
and the total number of pumps and agitators monitored;
(D) The number of pumps and agitators for which leaks were not
repaired as required in paragraph (c)(3) of this section;
(E) The number of compressors for which leaks were detected as
described in Sec. 63.164(f) of subpart H of this part;
(F) The number of compressors for which leaks were not repaired as
required in Sec. 63.164(g) of subpart H of this part;
(G) The number of connectors for which leaks were detected as
described in Sec. 63.174(a) of subpart H of this part, the percent of
connectors leaking, and the total number of connectors monitored;
(H) The number of connectors for which leaks were not repaired as
required in Sec. 63.174(d) of subpart H of this part, identifying the
number of those that are determined nonrepairable;
(I) The facts that explain any delay of repairs and, where
appropriate, why a process shutdown was technically infeasible.
(J) The results of all monitoring to show compliance with Sec. Sec.
63.164(i) and 63.172(f) conducted within the semiannual reporting
period.
(K) If applicable, the initiation of a monthly monitoring program
under either paragraph (c)(4)(ii) or paragraph (e)(4)(i)(A) of this
section.
(L) If applicable, notification of a change in connector monitoring
alternatives as described in Sec. 63.174(c)(1) of subpart H of this
part.
(iii) For owners or operators electing to meet the requirements of
Sec. 63.178(b) of subpart H of this part, the Periodic report shall
include the information listed in paragraphs (h)(3)(iii) (A) through (E)
of this section for each process.
(A) Product process equipment train identification;
(B) The number of pressure tests conducted;
(C) The number of pressure tests where the equipment train failed
either the retest or two consecutive pressure tests;
(D) The facts that explain any delay of repairs; and
[[Page 489]]
(E) The results of all monitoring to determine compliance with Sec.
63.172(f) of subpart H of this part.
(iv) Any change in the information submitted under paragraph (h)(2)
of this section shall be provided in the next Periodic report.
(v) For pressure relief devices in organic HAP service, Periodic
Reports must include the information specified in paragraphs
(h)(3)(v)(A) through (C) of this section.
(A) For pressure relief devices in organic HAP service subject to
paragraph (b)(4) of this section, report confirmation that all
monitoring to show compliance was conducted within the reporting period.
(B) For pressure relief devices in organic HAP gas or vapor service
subject to paragraph (b)(4)(ii) of this section, report any instrument
reading of 500 ppm above background or greater, more than 5 calendar
days after the pressure release.
(C) For pressure relief devices in organic HAP service subject to
paragraph (b)(4)(iii) of this section, report each pressure release to
the atmosphere, including the following information:
(1) The source, nature, and cause of the pressure release.
(2) The date, time, and duration of the pressure release.
(3) The quantity of total HAP emitted during the pressure release
and the method used for determining this quantity.
(4) The actions taken to prevent this pressure release.
(5) The measures adopted to prevent future such pressure releases.
[64 FR 33589, June 23, 1999, as amended at 67 FR 59345, Sept. 20, 2002;
79 FR 17372, Mar. 27, 2014]
Sec. 63.1364 Compliance dates.
(a) Compliance dates for existing sources. (1) An owner or operator
of an existing affected source must comply with the provisions in this
subpart (except Sec. 63.1363(b)(4)(iii)) by December 23, 2003.
Compliance with the pressure relief device monitoring provisions of
Sec. 63.1363(b)(4)(iii) shall occur no later than March 27, 2017.
(2) Pursuant to section 112(i)(3)(B) of the CAA, an owner or
operator of an existing source may request an extension of up to 1
additional year to comply with the provisions of this subpart if the
additional time is needed for the installation of controls.
(i) For purposes of this subpart, a request for an extension shall
be submitted no later than 120 days prior to the compliance date
specified in paragraph (a)(1) of this section, except as provided in
paragraph (a)(2)(ii) of this section. The dates specified in Sec.
63.6(i) of subpart A of this part for submittal of requests for
extensions shall not apply to sources subject to this subpart.
(ii) An owner or operator may submit a compliance extension request
after the date specified in paragraph (a)(1)(i) of this section provided
the need for the compliance extension arose after that date and before
the otherwise applicable compliance date, and the need arose due to
circumstances beyond reasonable control of the owner or operator. This
request shall include the data described in Sec. 63.6(i)(8)(A), (B),
and (D) of subpart A of this part.
(b) Compliance dates for new and reconstructed sources. An owner or
operator of a new or reconstructed affected source must comply with the
provisions of this subpart (except Sec. 63.1363(b)(4)(iii)) on June 23,
1999 or upon startup, whichever is later. New or reconstructed affected
sources that commenced construction after November 10, 1997, but on or
before January 9, 2012, must be in compliance with the pressure relief
device monitoring provisions of Sec. 63.1363(b)(4)(iii) no later than
March 27, 2017. New or reconstructed sources that commenced construction
after January 9, 2012, must be in compliance with the pressure relief
device monitoring provisions of Sec. 63.1363(b)(4)(iii) upon initial
startup or by March 27, 2014, whichever is later.
[64 FR 33589, June 23, 1999, as amended at 67 FR 13511, Mar. 22, 2002;
67 FR 38203, June 3, 2002; 79 FR 17374, Mar. 27, 2014]
Sec. 63.1365 Test methods and initial compliance procedures.
(a) General. Except as specified in paragraph (a)(4) of this
section, the procedures specified in paragraphs (c), (d), (e), (f), and
(g) of this section are required to demonstrate initial compliance with
Sec. 63.1362(b), (c), (d), (f), and
[[Page 490]]
(g), respectively. The provisions in paragraph (a)(1) of this section
apply to design evaluations that are used to demonstrate compliance with
the standards for process vents and storage vessels. The provisions in
paragraph (a)(2) of this section apply to performance tests that are
specified in paragraphs (c), (d), and (e) of this section. The
provisions in paragraph (a)(3) of this section describe initial
compliance procedures for flares. The provisions in paragraph (a)(5) of
this section are used to demonstrate initial compliance with the
alternative standards specified in Sec. 63.1362(b)(6) and (c)(4). The
provisions in paragraph (a)(6) of this section are used to comply with
the outlet concentration requirements specified in Sec.
63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), (b)(5)(ii), and
(b)(5)(iii).
(1) Design evaluation. To demonstrate that a control device meets
the required control efficiency, a design evaluation must address the
composition and HAP concentration of the vent stream entering the
control device. A design evaluation also must address other vent stream
characteristics and control device operating parameters as specified in
any one of paragraphs (a)(1)(i) through (vii) of this section, depending
on the type of control device that is used. If the vent stream is not
the only inlet to the control device, the efficiency demonstration also
must consider all other vapors, gases, and liquids, other than fuels,
received by the control device.
(i) For an enclosed combustion device used to comply with the
provisions of Sec. 63.1362(b)(2)(iv), (b)(4)(ii), (c)(2)(iv)(B), or
(c)(3) with a minimum residence time of 0.5 seconds and a minimum
temperature of 760 [deg]C, the design evaluation must document that
these conditions exist.
(ii) For a combustion control device that does not satisfy the
criteria in paragraph (a)(1)(i) of this section, the design evaluation
must document control efficiency and address the following
characteristics, depending on the type of control device:
(A) For a thermal vapor incinerator, the design evaluation must
consider the autoignition temperature of the organic HAP, must consider
the vent stream flow rate, and must establish the design minimum and
average temperature in the combustion zone and the combustion zone
residence time.
(B) For a catalytic vapor incinerator, the design evaluation must
consider the vent stream flow rate and must establish the design minimum
and average temperatures across the catalyst bed inlet and outlet.
(C) For a boiler or process heater, the design evaluation must
consider the vent stream flow rate, must establish the design minimum
and average flame zone temperatures and combustion zone residence time,
and must describe the method and location where the vent stream is
introduced into the flame zone.
(iii) For a condenser, the design evaluation must consider the vent
stream flow rate, relative humidity, and temperature, and must establish
the maximum temperature of the condenser exhaust vent stream and the
corresponding outlet organic HAP compound concentration level or
emission rate for which the required reduction is achieved.
(iv) For a carbon adsorption system that regenerates the carbon bed
directly onsite in the control device such as a fixed-bed adsorber, the
design evaluation must consider the vent stream flow rate, relative
humidity, and temperature, and must establish the design exhaust vent
stream organic compound concentration level, adsorption cycle time,
number of carbon beds and their capacities, type and working capacity of
activated carbon used for the carbon beds, design total regeneration
stream mass or volumetric flow over the period of each complete carbon
bed regeneration cycle, design carbon bed temperature after
regeneration, design carbon bed regeneration time, and design service
life of carbon. For vacuum desorption, the pressure drop must be
included.
(v) For a carbon adsorption system that does not regenerate the
carbon bed directly onsite in the control device such as a carbon
canister, the design evaluation must consider the vent stream mass or
volumetric flow rate, relative humidity, and temperature, and must
establish the design exhaust vent stream organic compound concentration
level, capacity of the carbon
[[Page 491]]
bed, type and working capacity of activated carbon used for the carbon
bed, and design carbon replacement interval based on the total carbon
working capacity of the control device and source operating schedule.
(vi) For a scrubber, the design evaluation must consider the vent
stream composition, constituent concentrations, liquid-to-vapor ratio,
scrubbing liquid flow rate and concentration, temperature, and the
reaction kinetics of the constituents with the scrubbing liquid. The
design evaluation must establish the design exhaust vent stream organic
compound concentration level and must include the additional information
in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a
packed column scrubber.
(A) Type and total number of theoretical and actual trays;
(B) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.
(vii) For fabric filters, the design evaluation must include the
pressure drop through the device and the net gas-to-cloth ratio (i.e.,
cubic feet of gas per square feet of cloth).
(2) Calculation of TOC or total organic HAP concentration. The TOC
concentration or total organic HAP concentration is the sum of the
concentrations of the individual components. If compliance is being
determined based on TOC, the owner or operator shall compute TOC for
each run using Equation 6 of this subpart. If compliance is being
determined based on total organic HAP, the owner or operator shall
compute total organic HAP using Equation 6 of this subpart, except that
only organic HAP compounds shall be summed; when determining compliance
with the wastewater provisions of Sec. 63.1362(d), the organic HAP
compounds shall consist of the organic HAP compounds in Table 9 of
subpart G of this part.
[GRAPHIC] [TIFF OMITTED] TR20SE02.024
Where:
CGT = total concentration of TOC or organic HAP in vented gas
stream, average of samples, dry basis, ppmv
CGSi, j = concentration of sample components in vented gas
stream for sample j, dry basis, ppmv
n = number of compounds in the sample
m = number of samples in the sample run.
(3) Initial compliance using flares. When a flare is used to comply
with the standards, the owner or operator shall comply with the
provisions in Sec. 63.11(b) of subpart A of this part.
(i) The initial compliance determination shall consist of a visible
emissions determination using Method 22 of 40 CFR part 60, appendix A,
as described in Sec. 63.11(b)(4) of subpart A of this part, and a
determination of net heating value of gas being combusted and exit
velocity to comply with the requirements of Sec. 63.11(b)(6) through
(8) of subpart A of this part. The net heating value and exit velocity
shall be based on the results of performance testing under the
conditions described in paragraphs (b)(10) and (11) of this section.
(ii) An owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration when a flare is used.
(4) Exemptions from compliance demonstrations. An owner or operator
using any control device specified in paragraphs (a)(4)(i) through (ii)
of this section is exempt from the initial compliance provisions in
paragraphs (c), (d), and (e) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater into which the emission stream is
introduced with the primary fuel.
(5) Initial compliance with alternative standard. Initial compliance
with the alternative standards in Sec. 63.1362(b)(6) and (c)(4) for
combustion devices is demonstrated when the outlet TOC concentration is
20 ppmv or less, and the outlet HCl and chlorine concentration is 20
ppmv or less. Initial compliance with the alternative standards in Sec.
63.1362(b)(6) and (c)(4) for noncombustion devices is demonstrated when
the outlet TOC concentration is 50 ppmv or less, and the outlet HCl and
chlorine concentration is 50 ppmv or less. To demonstrate initial
compliance, the owner or operator shall be in compliance with the
monitoring provisions in
[[Page 492]]
Sec. 63.1366(b)(5) on the initial compliance date. The owner or
operator shall use Method 18 to determine the predominant organic HAP in
the emission stream if the TOC monitor is calibrated on the predominant
HAP.
(6) Initial compliance with the 20 ppmv outlet limit. Initial
compliance with the 20 ppmv TOC or total organic HAP concentration is
demonstrated when the outlet TOC or total organic HAP concentration is
20 ppmv or less. Initial compliance with the 20 ppmv HCl and chlorine
concentration is demonstrated when the outlet HCl and chlorine
concentration is 20 ppmv or less. To demonstrate initial compliance, the
operator shall use applicable test methods described in paragraphs
(b)(1) through (9) of this section, and test under conditions described
in paragraph (b)(10) or (11) of this section, as applicable. The owner
or operator shall comply with the monitoring provisions in Sec.
63.1366(b)(1) through (5) on the initial compliance date.
(7) Outlet concentration correction for supplemental gases. If
supplemental gases are added to a vent stream for which compliance with
an outlet concentration standard in Sec. 63.1362 or 63.1363 will be
demonstrated, the owner or operator must correct the outlet
concentration as specified in paragraphs (a)(7)(i) and (ii) of this
section.
(i) Combustion device. Except as specified in Sec.
63.1366(b)(5)(ii)(A), if the vent stream is controlled with a combustion
device, the owner or operator must comply with the provisions in
paragraphs (a)(7)(i)(A) through (C) of this section.
(A) To comply with a TOC or total organic HAP outlet concentration
standard in Sec. 63.1362(b)(2)(iv)(A), (b)(4)(ii)(A), (b)(6),
(c)(2)(iv)(B), (c)(4), (d)(13), or Sec. 63.172, the actual TOC outlet
concentration must be corrected to 3 percent oxygen.
(B) If the inlet stream to the combustion device contains any HCl,
chlorine, or halogenated compounds, and the owner or operator elects to
comply with a total HCl and chlorine outlet concentration standard in
Sec. 63.1362(b)(3)(ii), (b)(5)(ii), (b)(5)(iii), (b)(6), or (c)(4), the
actual total HCl and chlorine outlet concentration must be corrected to
3 percent oxygen.
(C) The integrated sampling and analysis procedures of Method 3B of
40 CFR part 60, appendix A, shall be used to determine the actual oxygen
concentration (%O2d). The samples shall be taken during the
same time that the TOC, total organic HAP, and total HCl and chlorine
samples are taken. The concentration corrected to 3 percent oxygen
(Cd) shall be computed using Equation 7 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.025
Where:
Cc = concentration of TOC, total organic HAP, or total HCl
and chlorine corrected to 3 percent oxygen, dry basis, ppmv
Cm = total concentration of TOC, total organic HAP, or total
HCl and chlorine in the vented gas stream, average of samples,
dry basis, ppmv
%O2d = concentration of oxygen measured in vented gas stream,
dry basis, percent by volume.
(ii) Noncombustion devices. If a control device other than a
combustion device, and not in series with a combustion device, is used
to comply with a TOC, total organic HAP, or total HCl and chlorine
outlet concentration standard, the owner or operator must correct the
actual concentration for supplemental gases using Equation 8 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.026
Where:
Ca = corrected outlet TOC, total organic HAP, or total HCl
and chlorine concentration, dry basis, ppmv
Cm = actual TOC, total organic HAP, or total HCl and chlorine
concentration measured at control device outlet, dry basis,
ppmv
Va = total volumetric flow rate of affected streams vented to
the control device
Vs = total volumetric flow rate of supplemental gases.
(b) Test methods and conditions. When testing is conducted to
measure emissions from an affected source, the test methods specified in
paragraphs (b)(1) through (9) of this section shall be used. Compliance
and performance tests shall be performed under such conditions as the
Administrator specifies to the owner or operator based on
[[Page 493]]
representative performance of the affected source for the period being
tested and as specified in paragraphs (b)(10) and (11) of this section.
Representative conditions exclude periods of startup and shutdown unless
specified by the Administrator or an applicable subpart. The owner or
operator may not conduct performance tests during periods of
malfunction. The owner or operator must record the process information
that is necessary to document operating conditions during the test and
include in such record an explanation to support that such conditions
represent normal operation. 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.
(1) Method 1 or 1A of appendix A of 40 CFR part 60 shall be used for
sample and velocity traverses.
(2) Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60 shall be
used for velocity and volumetric flow rates.
(3) Method 3 of appendix A of 40 CFR part 60 shall be used for gas
analysis.
(4) Method 4 of appendix A of 40 CFR part 60 shall be used for stack
gas moisture.
(5) Concentration measurements shall be adjusted to negate the
dilution effects of introducing nonaffected gaseous streams into the
vent streams prior to control or measurement. The following methods are
specified for concentration measurements of organic compounds:
(i) Method 18 of appendix A of 40 CFR part 60 may be used to
determine HAP concentration in any control device efficiency
determination.
(ii) Method 25 of appendix A of 40 CFR part 60 may be used to
determine total gaseous nonmethane organic concentration for control
efficiency determinations in combustion devices.
(iii) Method 25A of appendix A of 40 CFR part 60 may be used to
determine the HAP or TOC concentration for control device efficiency
determinations under the conditions specified in Method 25 of appendix A
of 40 CFR part 60 for direct measurement of an effluent with a flame
ionization detector, or in demonstrating compliance with the 20 ppmv TOC
outlet standard. If Method 25A of appendix A of 40 CFR part 60 is used
to determine the concentration of TOC for the 20 ppmv standard, the
instrument shall be calibrated on methane or the predominant HAP. If
calibrating on the predominant HAP, the use of Method 25A of appendix A
of 40 CFR part 60 shall comply with paragraphs (b)(5)(i)(A) through (C)
of this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume.
(B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable
if the response from the high level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(C) The span value of the analyzer must be less than 100 ppmv.
(6) The methods in either paragraph (b)(6)(i) or (ii) of this
section shall be used to determine the concentration, in mg/dscm, of
total HCl and chlorine. Concentration measurements shall be adjusted to
negate the dilution effects of introducing nonaffected gaseous streams
into the vent streams prior to control or measurement.
(i) Method 26 or 26A of 40 CFR part 60, appendix A.
(ii) Any other method if the method or data have been validated
according to the applicable procedures of Method 301 of appendix A of
this part.
(7) Method 5 of appendix A of 40 CFR part 60 shall be used to
determine the concentration of particulate matter in exhaust gas streams
from bag dumps and product dryers.
(8) Wastewater analysis shall be conducted in accordance with Sec.
63.144(b)(5)(i) through (iii) or as specified in paragraph (b)(8)(i) or
(ii) of this section.
(i) As an alternative to the methods specified in Sec.
63.144(b)(5)(i), an owner or operator may conduct wastewater analyses
using Method 1666 or 1671 of 40 CFR part 136, appendix A, and comply
with the sampling protocol requirements specified in Sec.
63.144(b)(5)(ii). The validation requirements specified in Sec.
63.144(b)(5)(iii) do not apply if an
[[Page 494]]
owner or operator uses Method 1666 or 1671 of 40 CFR part 136, appendix
A.
(ii) As an alternative to the methods specified in Sec.
63.144(b)(5)(i), an owner or operator may use procedures specified in
Method 8260 or 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. An owner or
operator also may use any more recent, updated version of Method 8260 or
8270 approved by EPA. For the purpose of using Method 8260 or 8270 to
comply with this subpart, the owner or operator must maintain a formal
quality assurance program consistent with either Section 8 of Method
8260 or Method 8270. This program must include the elements related to
measuring the concentrations of volatile compounds that are specified in
paragraphs (b)(8)(ii)(A) through (C) of this section.
(A) 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.
(B) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
(C) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of the
material source before or during sampling with compounds having similar
chemical characteristics to the target analytes.
(9) Method 22 of appendix A of 40 CFR part 60 shall be used to
determine visible emissions from flares.
(10) Testing conditions for continuous processes. Testing of process
vents on equipment operating as part of a continuous process shall
consist of three one-hour runs. Gas stream volumetric flow rates shall
be measured every 15 minutes during each 1-hour run. Organic HAP
concentration shall be determined from samples collected in an
integrated sample over the duration of each one-hour test run, or from
grab samples collected simultaneously with the flow rate measurements
(every 15 minutes). If an integrated sample is collected for laboratory
analysis, the sampling rate shall be adjusted proportionally to reflect
variations in flow rate. For continuous gas streams, the emission rate
used to determine compliance shall be the average emission rate of the
three test runs.
(11) Testing conditions for batch processes. Testing of emissions on
equipment where the flow of gaseous emissions is intermittent (batch
operations) shall be conducted at absolute peak-case conditions or
hypothetical peak-case conditions, as specified in paragraphs (b)(11)(i)
and (ii) of this section, respectively. Gas stream volumetric flow rates
shall be measured at 15-minute intervals. Organic HAP, TOC, or HCl and
chlorine concentration shall be determined from samples collected in an
integrated sample over the duration of the test, or from grab samples
collected simultaneously with the flow rate measurements (every 15
minutes). If an integrated sample is collected for laboratory analysis,
the sampling rate shall be adjusted proportionally to reflect variations
in flow rate. In all cases, a site-specific test plan shall be submitted
to the Administrator for approval prior to testing in accordance with
Sec. 63.7(c). The test plan shall include the emissions profile
described in paragraph (b)(11)(iii) of this section. The term ``HAP mass
loading'' as used in paragraphs (b)(11)(i) through (iii) of this section
refers to the class of HAP, either organic or HCl and chlorine, that the
control device is intended to control.
(i) Absolute peak-case. If the most challenging conditions for the
control device occur under maximum HAP load, the absolute peak-case
conditions shall be characterized by the criteria presented in paragraph
(b)(11)(i)(A) or (B) of this section. Otherwise, absolute peak-case
conditions are defined by the conditions in paragraph (b)(11)(i)(C) of
this section.
(A) The period in which the inlet to the control device will contain
at least 50 percent of the maximum HAP mass load that may be vented to
the control device over any 8-hour period. An emission profile as
described in paragraph (b)(11)(iii)(A) of this section shall be used to
identify the 8-hour period that includes the maximum projected HAP load.
[[Page 495]]
(B) A 1-hour period of time in which the inlet to the control device
will contain the highest hourly HAP mass loading rate that may be vented
to the control device. An emission profile as described in paragraph
(b)(11)(iii)(A) of this section shall be used to identify the 1-hour
period of maximum HAP loading.
(C) The period of time when a condition other than the maximum HAP
load is most challenging for the control device. These conditions
include, but are not limited to the following:
(1) Periods when the streams contain the highest combined VOC and
HAP hourly load, as described by the emission profiles in paragraph
(b)(11)(iii) of this section; or
(2) Periods when the streams contain HAP constituents that approach
the limits of solubility for scrubbing media; or
(3) Periods when the streams contain HAP constituents that approach
the limits of adsorptivity for carbon adsorption systems.
(ii) Hypothetical peak-case. Hypothetical peak-case conditions are
simulated test conditions that, at a minimum, contain the highest total
average hourly HAP load of emissions that would be predicted to be
vented to the control device from the emissions profile described in
either paragraph (b)(11)(iii)(B) or (C) of this section.
(iii) Emissions profile. The owner or operator may choose to perform
tests only during those periods of the peak-case episode(s) that the
owner or operator selects to control as part of achieving the required
emission reduction. Except as specified in paragraph (b)(11)(iii)(D) of
this section, the owner or operator shall develop an emission profile
for the vent to the control device that describes the characteristics of
the vent stream at the inlet to the control device under either absolute
or hypothetical peak-case conditions. The emissions profile shall be
developed based on the applicable procedures described in paragraphs
(b)(11)(iii)(A) through (C) of this section, as required by paragraphs
(b)(11)(i) and (ii) of this section.
(A) Emissions profile by process. The emissions profile must
consider all emission episodes that could contribute to the vent stack
for a period of time that is sufficient to include all processes venting
to the stack and shall consider production scheduling. The profile shall
describe the HAP load to the device that equals the highest sum of
emissions from the episodes that can vent to the control device during
the period of absolute peak-case conditions specified in paragraph
(b)(11)(i)(A), (B), or (C) as appropriate. Emissions per episode shall
be calculated using the procedures specified in paragraph (c)(2) of this
section. When complying with paragraph (b)(11)(i)(B) of this section,
emissions per episode shall be divided by the duration of the episode if
the duration of the episode is longer than 1 hour.
(B) Emission profile by equipment. The emission profile must consist
of emissions that meet or exceed the highest hourly HAP load that would
be expected under actual processing conditions. The profile shall
describe equipment configurations used to generate the emission events,
volatility of materials processed in the equipment, and the rationale
used to identify and characterize the emission events. The emissions may
be based on using a compound more volatile than compounds actually used
in the process(es), and the emissions may be generated from all
equipment in the process(es) or only selected equipment.
(C) Emission profile by capture and control device limitation. The
emission profile shall consider the capture and control system
limitations and the highest hourly emissions that can be routed to the
control device, based on maximum flow rate and concentrations possible
because of limitations on conveyance and control equipment (e.g., fans,
LEL alarms and safety bypasses).
(D) Exemptions. The owner or operator is not required to develop an
emission profile under the circumstances described in paragraph
(b)(11)(iii)(D)(1) or (2) of this section.
(1) If all process vents for a process are controlled using a
control device or series of control devices that reduce HAP emissions by
98 percent or more, no other emission streams are vented to the control
device when it is used to control emissions from the subject
[[Page 496]]
process, and the performance test is conducted over the entire batch
cycle.
(2) If a control device is used to comply with the outlet
concentration limit for process vent emission streams from a single
process (but not necessarily all of the process vents from that
process), no other emission streams are vented to the control device
while it is used to control emissions from the subject process, and the
performance test is conducted over the entire batch cycle.
(iv) Test duration. Three runs, at a minimum of 1 hour each, are
required for performance testing. When complying with a percent
reduction standard, each test run may be a maximum of either 24 hours or
the duration of the longest batch controlled by the control device,
whichever is shorter, and each run must include the same absolute or
hypothetical peak-case conditions, as defined in paragraph (b)(11)(i) or
(ii) of this section. When complying with an outlet concentration limit,
each run must include the same absolute or hypothetical peak-case
conditions, as defined in paragraph (b)(11)(i) or (ii) of this section,
and the duration of each run may not exceed the duration of the
applicable peak-case condition.
(c) Initial compliance with process vent provisions. The owner or
operator of an affected source shall demonstrate compliance with the
process vent standards in Sec. 63.1362(b) using the procedures
described in paragraphs (c)(1) through (3) of this section.
(1) Compliance with the process vent standards in Sec. 63.1362(b)
shall be demonstrated in accordance with the provisions specified in
paragraphs (c)(1)(i) through (viii) of this section.
(i) Initial compliance with the emission limit cutoffs in Sec.
63.1362(b)(2)(i) and (b)(4)(i) is demonstrated when the uncontrolled
organic HAP emissions from the sum of all process vents within a process
are less than or equal to 0.15 Mg/yr. Uncontrolled HAP emissions shall
be determined using the procedures described in paragraph (c)(2) of this
section.
(ii) Initial compliance with the emission limit cutoffs in Sec.
63.1362(b)(3)(i) and (b)(5)(i) is demonstrated when the uncontrolled HCl
and Cl2 emissions from the sum of all process vents within a
process are less than or equal to 6.8 Mg/yr. Initial compliance with the
emission limit cutoffs in Sec. 63.1362(b)(5)(ii) and (iii) is
demonstrated when the uncontrolled HCl and Cl2 emissions are
greater than or equal to 6.8 Mg/yr or greater than or equal to 191 Mg/
yr, respectively. Uncontrolled emissions shall be determined using the
procedures described in paragraph (c)(2) of this section.
(iii) Initial compliance with the organic HAP percent reduction
requirements specified in Sec. 63.1362(b)(2)(ii), (iii), and (b)(4)(ii)
is demonstrated by determining controlled HAP emissions using the
procedures described in paragraph (c)(3) of this section, determining
uncontrolled HAP emissions using the procedures described in paragraph
(c)(2) of this section, and calculating the applicable percent
reduction. As an alternative, if the conditions specified in paragraph
(b)(11)(iii)(D)(1) of this section are met, initial compliance may be
demonstrated by showing the control device reduces emissions by 98
percent by weight or greater using the procedures specified in paragraph
(c)(3) of this section.
(iv) Initial compliance with the HCl and Cl2 percent
reduction requirements specified in Sec. 63.1362(b)(3)(ii), (b)(5)(ii),
and (b)(5)(iii) is demonstrated by determining controlled emissions of
HCl and Cl2 using the procedures described in paragraph
(c)(3) of this section, determining uncontrolled emissions of HCl and
Cl2 using the procedures described in paragraph (c)(2) of
this section, and calculating the applicable percent reduction.
(v) Initial compliance with the outlet concentration limits in Sec.
63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), (b)(5)(ii) and (iii) is
demonstrated when the outlet TOC or total organic HAP concentration is
20 ppmv or less and the outlet HCl and chlorine concentration is 20 ppmv
or less. The owner or operator shall demonstrate compliance by
fulfilling the requirements in paragraph (a)(6) of this section. If an
owner or operator elects to develop an emissions profile by process as
described in paragraph (b)(11)(iii)(A) of this section, uncontrolled
emissions
[[Page 497]]
shall be determined using the procedures in paragraph (c)(2) of this
section.
(vi) Initial compliance with the alternative standard in Sec.
63.1362(b)(6) is demonstrated by fulfilling the requirements in
paragraph (a)(5) of this section.
(vii) Initial compliance when using a flare is demonstrated by
fulfilling the requirements in paragraph (a)(3) of this section.
(viii) No initial compliance demonstration is required for control
devices specified in Sec. 63.1362(l).
(2) Uncontrolled emissions. The owner or operator referred to from
paragraphs (c)(1)(i) through (v) of this section shall calculate
uncontrolled emissions according to the procedures described in
paragraph (c)(2)(i) or (ii) of this section, as appropriate.
(i) Emission estimation procedures. The owner or operator shall
determine uncontrolled HAP emissions using emission measurements and/or
calculations for each batch emission episode according to the
engineering evaluation methodology in paragraphs (c)(2)(i)(A) through
(H) of this section.
(A) Individual HAP partial pressures in multicomponent systems shall
be determined in accordance with the methods specified in paragraphs
(c)(2)(i)(A)(1) through (3) of this section. Chemical property data may
be obtained from standard references.
(1) If the components are miscible in one another, use Raoult's law
to calculate the partial pressures;
(2) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(3) If Raoult's law or Henry's law are not appropriate or available,
use any of the methods specified in paragraphs (c)(2)(i)(A) (3)(i)
through (iii) of this section.
(i) Use experimentally obtained activity coefficients;
(ii) Use models such as the group-contribution models to predict
activity coefficients;
(iii) Assume the components of the system behave independently and
use the summation of all vapor pressures from the HAP as the total HAP
partial pressure;
(B) Charging or filling. Emissions from vapor displacement due to
transfer of material to a vessel shall be calculated using Equation 9 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.008
Where:
E = mass of HAP emitted
Pi = partial pressure of the individual HAP
V = volume of gas displaced from the vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
MWi = molecular weight of the individual HAP
(C) Purging. Emissions from purging shall be calculated using
Equation 10 of this subpart, except that for purge flow rates greater
than 100 scfm, the mole fraction of HAP will be assumed to be 25 percent
of the saturated value.
[GRAPHIC] [TIFF OMITTED] TR20SE02.027
Where:
E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor
space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable compounds
(including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
[[Page 498]]
m = number of condensable compounds (including HAP) in the emission
stream.
(D) Heating. Emissions caused by heating the contents of a vessel to
a temperature less than the boiling point shall be calculated using the
procedures in either paragraph (c)(2)(i)(D)(1), (2), or (4) of this
section, as appropriate. If the contents of a vessel are heated to the
boiling point, emissions while boiling are assumed to be zero if the
owner or operator is complying with the provisions in paragraph
(d)(2)(i)(C)(3) of this section.
(1) If the final temperature to which the vessel contents are heated
is lower than 50 K below the boiling point of the HAP in the vessel,
then emissions shall be calculated using Equations 11 through 14 of this
subpart.
(i) The mass of HAP emitted per episode shall be calculated using
Equation 11 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.010
Where:
E = mass of HAP vapor displaced from the vessel being heated
(Pi)Tn = partial pressure of each HAP in the
vessel headspace at initial (n = 1) and final (n = 2)
temperatures
Pa1 = initial noncondensable gas pressure in the vessel, as
calculated using Equation 13 of this subpart
Pa2 = final noncondensable gas pressure in the vessel, as
calculated using Equation 13 of this subpart
[Delta][Eta] = number of moles of noncondensable gas displaced, as
calculated using Equation 12 of this subpart
MWHAP = The average molecular weight of HAP present in the
vessel, as calculated using Equation 14 of this subpart:
n = number of HAP compounds in the displaced vapor
(ii) The moles of noncondensable gas displaced shall be calculated
using Equation 12 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.011
Where:
[Delta][Eta] = number of moles of noncondensable gas displaced
V = volume of free space in the vessel
R = ideal gas law constant
Pa1 = initial noncondensable gas pressure in the vessel, as
calculated using Equation 13 of this subpart
Pa2 = final noncondensable gas pressure in the vessel, as
calculated using Equation 13 of this subpart
T1 = initial temperature of vessel contents, absolute
T2 = final temperature of vessel contents, absolute
(iii) The initial and final pressure of the noncondensable gas in
the vessel shall be calculated according to Equation 13 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.012
Where:
Pan = partial pressure of noncondensable gas in the vessel
headspace at initial (n = 1) and final (n = 2) temperatures
Patm = atmospheric pressure
(Pj)Tn = partial pressure of each condensable
volatile organic compound (including HAP) in the vessel
headspace at the initial temperature (n = 1) and final (n = 2)
temperature
(iv) The average molecular weight of HAP in the displaced gas shall
be calculated using Equation 14 of this subpart:
[[Page 499]]
[GRAPHIC] [TIFF OMITTED] TR23JN99.013
Where:
MWHAP = average molecular weight of HAP in the displaced gas
(Pi)Tn = partial pressure of each HAP in the
vessel headspace at the initial (T1) and final
(T2) temperatures
MWi = molecular weight of each HAP
n = number of HAP compounds in the emission stream
(2) If the vessel contents are heated to a temperature greater than
50 K below the boiling point, then emissions from the heating of a
vessel shall be calculated as the sum of the emissions calculated in
accordance with paragraphs (c)(2)(i)(D)(2)(i) and (ii) of this section.
(i) For the interval from the initial temperature to the temperature
50 K below the boiling point, emissions shall be calculated using
Equation 11 of this subpart, where T2 is the temperature 50 K
below the boiling point.
(ii) For the interval from the temperature 50 K below the boiling
point to the final temperature, emissions shall be calculated as the
summation of emissions for each 5 K increment, where the emission for
each increment shall be calculated using Equation 11 of this subpart. If
the final temperature of the heatup is lower than 5 K below the boiling
point, the final temperature for the last increment shall be the final
temperature of the heatup, even if the last increment is less than 5 K.
If the final temperature of the heatup is higher than 5 K below the
boiling point, the final temperature for the last increment shall be the
temperature 5 K below the boiling point, even if the last increment is
less than 5 K.
(3) While boiling, the vessel must be operated with a properly
operated process condenser. An initial demonstration that a process
condenser is properly operated is required for vessels that operate
process condensers without secondary condensers that are air pollution
control devices. The owner or operator must either measure the condenser
exhaust gas temperature and show it is less than the boiling point of
the substance(s) in the vessel, or perform a material balance around the
vessel and condenser to show that at least 99 percent of the material
vaporized while boiling is condensed. Uncontrolled emissions are assumed
to be zero under these conditions. The initial demonstration shall be
conducted for all appropriate operating scenarios and documented in the
Notification of Compliance Status report as specified in Sec.
63.1368(f).
(4)(i) As an alternative to the procedures described in paragraphs
(c)(2)(i)(D)(1) and (2) of this section, emissions caused by heating a
vessel to any temperature less than the boiling point may be calculated
using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.028
Where:
E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating
process, as calculated using Equation 16 of this subpart
PT = total pressure in the vessel
[[Page 500]]
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
MWHAP = average molecular weight of the HAP compounds, as
calculated using Equation 14 of this subpart
nHAP, 1 = number of moles of total HAP in the vessel
headspace at T1
nHAP, 2 = number of moles of total HAP in the vessel
headspace at T2
m = number of HAP compounds in the emission stream.
(ii) The average gas space molar volume during the heating process
is calculated using Equation 16 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.015
Where:
Navg = average gas space molar volume during the heating
process
V = volume of free space in vessel
PT = total pressure in the vessel
R = ideal gas law constant
T1 = initial temperature of the vessel contents, absolute
T2 = final temperature of the vessel contents, absolute
(iii) The difference in the number of moles of total HAP in the
vessel headspace between the initial and final temperatures is
calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.029
Where:
nHAP, 2 = number of moles of total HAP in the vessel
headspace at T2
nHAP, 1 = number of moles of total HAP in the vessel
headspace at T1
V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature of the vessel contents, absolute
T2 = final temperature of the vessel contents, absolute
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
n = number of HAP compounds in the emission stream.
(E) Depressurization. Emissions from depressurization shall be
calculated using the procedures in paragraphs (c)(2)(i)(E)(1) through
(5) of this section. Alternatively, the owner or operator may elect to
calculate emissions from depressurization using the procedures in
paragraph (c)(2)(i)(E)(6) of this section.
(1) The moles of HAP vapor initially in the vessel are calculated
using Equation 18 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.017
Where:
nHAP = moles of HAP vapor in the vessel
Pi = partial pressure of each HAP in the vessel vapor space
V = free volume in the vessel being depressurized
R = ideal gas law constant
T = absolute temperature in vessel
n = number of HAP compounds in the emission stream
(2) The initial and final moles of noncondensable gas present in the
vessel are calculated using Equations 19 and 20 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.018
[GRAPHIC] [TIFF OMITTED] TR23JN99.019
Where:
n1 = initial number of moles of noncondensable gas in the
vessel
n2 = final number of moles of noncondensable gas in the
vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 21 of this subpart
[[Page 501]]
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 22 of this subpart
R = ideal gas law constant
T = temperature, absolute
(3) The initial and final partial pressures of the noncondensable
gas in the vessel are determined using Equations 21 and 22 of this
subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.030
[GRAPHIC] [TIFF OMITTED] TR20SE02.031
Where:
Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable compound (including
HAP) in the emission stream
xj = mole fraction of each condensable compound (including
HAP) in the liquid phase
m = number of condensable compounds (including HAP) in the emission
stream.
(4) The moles of HAP emitted during the depressurization are
calculated by taking an approximation of the average ratio of moles of
HAP to moles of noncondensable and multiplying by the total moles of
noncondensables released during the depressurization, using Equation 23
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.032
Where:
nHAP, e = moles of HAP emitted
nHAP, 1 = moles of HAP vapor in vessel at the initial
pressure, as calculated using Equation 18 of this subpart
nHAP, 2 = moles of HAP vapor in vessel at the final pressure,
as calculated using Equation 18 of this subpart
n1 = initial number of moles of noncondensable gas in the
vessel, as calculated using Equation 19 of this subpart
n2 = final number of moles of noncondensable gas in the
vessel, as calculated using Equation 19 of this subpart.
(5) Use Equation 24 of this subpart to calculate the mass of HAP
emitted:
[GRAPHIC] [TIFF OMITTED] TR23JN99.023
Where:
E = mass of HAP emitted
nHAP, e = moles of HAP emitted, as calculated using Equation
23 of this subpart
MWHAP = average molecular weight of the HAP as calculated
using Equation 14 of this subpart
(6) As an alternative to the procedures in paragraphs
(c)(2)(i)(E)(1) through (5) of this section, emissions from
depressurization may be calculated using Equation 25 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.024
Where:
V = free volume in vessel being depressurized
R = ideal gas law constant
T = temperature of the vessel, absolute
[[Page 502]]
P1 = initial pressure in the vessel
P2 = final pressure in the vessel
Pi = partial pressure of the individual HAP compounds
Pj = partial pressure of individual condensable VOC compounds
(including HAP)
MWi = molecular weight of the individual HAP compounds
n = number of HAP compounds in the emission stream
m = number of condensable VOC compounds (including HAP) in the emission
stream
(F) Vacuum systems. Calculate emissions from vacuum systems using
Equation 26 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.033
Where:
E = mass of HAP emitted
PT = absolute pressure of receiving vessel or ejector outlet
conditions, if there is no receiver
Pi = partial pressure of individual HAP at the receiver
temperature or the ejector outlet conditions
Pj = partial pressure of individual condensable compounds
(including HAP) at the receiver temperature or the ejector
outlet conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWHAP = average molecular weight of HAP in the emission
stream, as calculated using Equation 14 of this subpart, with
HAP partial pressures calculated at the temperature of the
receiver or ejector outlet, as appropriate
n = number of HAP components in the emission stream
m = number of condensable compounds (including HAP) in the emission
stream.
(G) Gas evolution. Emissions from gas evolution shall be calculated
using Equation 10 of this subpart with V calculated using Equation 27 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.026
Where:
V = volumetric flow rate of gas evolution
Wg = mass flow rate of gas evolution
R = ideal gas law constant
T = temperature at the exit, absolute
PT = vessel pressure
MWg = molecular weight of the evolved gas
(H) Air drying. Use Equation 28 of this subpart to calculate
emissions from air drying:
[GRAPHIC] [TIFF OMITTED] TR23JN99.027
Where:
E = mass of HAP emitted
B = mass of dry solids
PS1 = HAP in material entering dryer, weight percent
PS2 = HAP in material exiting dryer, weight percent.
(ii) Engineering assessments. The owner or operator shall conduct an
engineering assessment to determine uncontrolled HAP emissions for each
emission episode that is not due to vapor displacement, purging,
heating, depressurization, vacuum systems, gas evolution, or air drying.
For a given emission episode caused by any of these seven types of
activities, the owner or operator also may request approval to determine
uncontrolled HAP
[[Page 503]]
emissions based on an engineering assessment. Except as specified in
paragraph (c)(2)(ii)(A) of this section, all data, assumptions, and
procedures used in the engineering assessment shall be documented in the
Precompliance plan in accordance with Sec. 63.1367(b). An engineering
assessment includes, but is not limited to, the information and
procedures described in paragraphs (c)(2)(ii)(A) through (D) of this
section.
(A) Test results, provided the tests are representative of current
operating practices at the process unit. For process vents without
variable emission stream characteristics, an engineering assessment
based on the results of a previous test may be submitted in the
Notification of Compliance Status report instead of the Precompliance
plan. Results from a previous test of process vents with variable
emission stream characteristics will be acceptable in place of values
estimated using the procedures specified in paragraph (c)(2)(i) of this
section if the test data show a greater than 20 percent discrepancy
between the test value and the estimated value, and the results of the
engineering assessment shall be included in the Notification of
Compliance Status report. For other process vents with variable emission
stream characteristics, engineering assessments based on the results of
a previous test must be submitted in the Precompliance plan. For
engineering assessments based on new tests, the owner or operator must
comply with the test notification requirements in Sec. 63.1368(m), and
the results of the engineering assessment may be submitted in the
Notification of Compliance Status report rather than the Precompliance
plan.
(B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(C) Maximum flow rate, HAP emission rate, concentration, or other
relevant parameter specified or implied within a permit limit applicable
to the process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations;
(2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities; and
(3) Estimation of HAP concentrations based on saturation conditions.
(3) Controlled emissions. Except for condensers, the owner or
operator shall determine controlled emissions using the procedures in
either paragraph (c)(3)(i) or (ii) of this section, as applicable. For
condensers, controlled emissions shall be calculated using the emission
estimation equations described in paragraph (c)(3)(iii) of this section.
The owner or operator is not required to calculate controlled emissions
from devices described in paragraph (a)(4) of this section or from
flares for which compliance is demonstrated in accordance with paragraph
(a)(3) of this section. If the owner or operator is complying with an
outlet concentration standard and the control device uses supplemental
gases, the outlet concentrations shall be corrected in accordance with
the procedures described in paragraph (a)(7) of this section.
(i) Small control devices, except condensers. Controlled emissions
for each process vent that is controlled using a small control device,
except for a condenser, shall be determined by using the design
evaluation described in paragraph (c)(3)(i)(A) of this section, or by
conducting a performance test in accordance with paragraph (c)(3)(ii) of
this section.
(A) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency under absolute or hypothetical peak-case
conditions, as determined from the emission profile described in
paragraph (b)(11)(iii) of this section. The control efficiency
determined from this design evaluation shall be applied to uncontrolled
emissions to estimate controlled emissions. The documentation must be
conducted in accordance with the provisions in paragraph (a)(1) of this
section. The design evaluation shall also include the
[[Page 504]]
value(s) and basis for the parameter(s) monitored under Sec. 63.1366.
(B) Whenever a small control device becomes a large control device,
the owner or operator must comply with the provisions in paragraph
(c)(3)(ii) of this section and submit the test report in the next
Periodic report.
(ii) Large control devices, except condensers. Controlled emissions
for each process vent that is controlled using a large control device,
except for a condenser, shall be determined by applying the control
efficiency of the large control device to the estimated uncontrolled
emissions. The control efficiency shall be determined by conducting a
performance test on the control device as described in paragraphs
(c)(3)(ii)(A) through (C) of this section, or by using the results of a
previous performance test as described in paragraph (c)(3)(ii)(D) of
this section. If the control device is intended to control only HCl and
chlorine, the owner or operator may assume the control efficiency of
organic HAP is 0 percent. If the control device is intended to control
only organic HAP, the owner or operator may assume the control
efficiency for HCl and chlorine is 0 percent.
(A) Performance test measurements shall be conducted at both the
inlet and outlet of the control device for TOC, total organic HAP, and
total HCl and chlorine, as applicable, using the test methods and
procedures described in paragraph (b) of this section. Concentrations
shall be calculated from the data obtained through emission testing
according to the procedures in paragraph (a)(2) of this section.
(B) Performance testing shall be conducted under absolute or
hypothetical peak-case conditions, as defined in paragraphs (b)(11)(i)
and (ii) of this section.
(C) The owner or operator may elect to conduct more than one
performance test on the control device for the purpose of establishing
more than one operating condition at which the control device achieves
the required control efficiency.
(D) The owner or operator is not required to conduct a performance
test for any control device for which a previous performance test was
conducted, provided the test was conducted using the same procedures
specified in paragraphs (b)(1) through (11) of this section over
conditions typical of the absolute or hypothetical peak-case, as defined
in paragraphs (b)(11)(i) and (ii) of this section. The results of the
previous performance test shall be used to demonstrate compliance.
(iii) Condensers. The owner or operator using a condenser as a
control device shall determine controlled emissions for each batch
emission episode according to the engineering methodology in paragraphs
(c)(3)(iii)(A) through (G) of this section. The owner or operator must
establish the maximum outlet gas temperature and calculate the
controlled emissions using this temperature in the applicable equation.
Individual HAP partial pressures shall be calculated as specified in
paragraph (c)(2)(i) of this section.
(A) Emissions from vapor displacement due to transfer of material to
a vessel shall be calculated using Equation 9 of this subpart with T set
equal to the temperature of the receiver and the HAP partial pressures
determined at the temperature of the receiver.
(B) Emissions from purging shall be calculated using Equation 10 of
this subpart with T set equal to the temperature of the receiver and the
HAP partial pressures determined at the temperature of the receiver.
(C) Emissions from heating shall be calculated using Equation 29 of
this subpart. In Equation 29 of this subpart, [Delta][eta] is equal to
the number of moles of noncondensable displaced from the vessel, as
calculated using Equation 12 of this subpart. In Equation 29 of this
subpart, the HAP average molecular weight shall be calculated using
Equation 14 with the HAP partial pressures determined at the temperature
of the receiver.
[[Page 505]]
[GRAPHIC] [TIFF OMITTED] TR23JN99.028
Where:
E = mass of HAP emitted
[Delta][eta] = moles of noncondensable gas displaced
PT = pressure in the receiver
Pi = partial pressure of the individual HAP at the receiver
temperature
Pj = partial pressure of the individual condensable VOC
(including HAP) at the receiver temperature
n = number of HAP compounds in the emission stream
MWHAP = the average molecular weight of HAP in vapor exiting
the receiver, as calculated using Equation 14 of this subpart
m = number of condensable VOC (including HAP) in the emission stream
(D)(1) Emissions from depressurization shall be calculated using
Equation 30 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.029
Where:
E = mass of HAP vapor emitted
Vnc1 = initial volume of noncondensable in the vessel,
corrected to the final pressure, as calculated using Equation
31 of this subpart
Vnc2 = final volume of noncondensable in the vessel, as
calculated using Equation 32 of this subpart
Pi = partial pressure of each individual HAP at the receiver
temperature
Pj = partial pressure of each condensable VOC (including HAP)
at the receiver temperature
PT = receiver pressure
T = temperature of the receiver, absolute
R = ideal gas law constant
MWHAP = the average molecular weight of HAP calculated using
Equation 14 of this subpart with partial pressures determined
at the receiver temperature
n = number of HAP compounds in the emission stream
m = number of condensable VOC (including HAP) in the emission stream
(2) The initial and final volumes of noncondensable gas present in
the vessel, adjusted to the pressure of the receiver, are calculated
using Equations 31 and 32 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.030
[GRAPHIC] [TIFF OMITTED] TR23JN99.031
Where:
Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 33 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 34 of this subpart
PT = pressure of the receiver
(3) Initial and final partial pressures of the noncondensable gas in
the vessel are determined using Equations 33 and 34 of this subpart.
[[Page 506]]
[GRAPHIC] [TIFF OMITTED] TR23JN99.032
[GRAPHIC] [TIFF OMITTED] TR23JN99.033
Where:
Pnc1 = initial partial pressure of the noncondensable gas in
the vessel
Pnc2 = final partial pressure of the noncondensable gas in
the vessel
P1 = initial vessel pressure
P2 = final vessel pressure
Pj = partial pressure of each condensable VOC (including HAP)
in the vessel
m = number of condensable VOC (including HAP) in the emission stream
(E) Emissions from vacuum systems shall be calculated using Equation
26 of this subpart.
(F) Emissions from gas evolution shall be calculated using Equation
8 with V calculated using Equation 27 of this subpart, T set equal to
the receiver temperature, and the HAP partial pressures determined at
the receiver temperature. The term for time, t, in Equation 10 of this
subpart is not needed for the purposes of this calculation.
(G) Emissions from air drying shall be calculated using Equation 9
of this subpart with V equal to the air flow rate and Pi
determined at the receiver temperature.
(d) Initial compliance with storage vessel provisions. The owner or
operator of an existing or new affected source shall demonstrate initial
compliance with the storage vessel standards in Sec. 63.1362(c)(2)
through (4) by fulfilling the requirements in either paragraph (d)(1),
(2), (3), (4), (5), or (6) of this section, as applicable. The owner or
operator shall demonstrate initial compliance with the planned routine
maintenance provision in Sec. 63.1362(c)(5) by fulfilling the
requirements in paragraph (d)(7) of this section.
(1) Percent reduction requirement for control devices. If the owner
or operator equips a Group 1 storage vessel with a closed vent system
and control device, the owner or operator shall demonstrate initial
compliance with the percent reduction requirement of Sec.
63.1362(c)(2)(iv)(A) or (c)(3) either by calculating the efficiency of
the control device using performance test data as specified in paragraph
(d)(1)(i) of this section, or by preparing a design evaluation as
specified in paragraph (d)(1)(ii) of this section.
(i) Performance test option. If the owner or operator elects to
demonstrate initial compliance based on performance test data, the
efficiency of the control device shall be calculated as specified in
paragraphs (d)(1)(i)(A) through (D) of this section.
(A) At the reasonably expected maximum filling rate, Equations 35
and 36 of this subpart shall be used to calculate the mass rate of total
organic HAP or TOC at the inlet and outlet of the control device.
[GRAPHIC] [TIFF OMITTED] TR20SE02.034
[GRAPHIC] [TIFF OMITTED] TR20SE02.035
Where:
Cij, Coj = concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, ppmv
Ei, Eo = mass rate of total organic HAP or TOC at
the inlet and outlet of the control device, respectively, dry
basis, kg/hr
Mij, Moj = molecular weight of sample component j
of the gas stream at the inlet and outlet of the control
device, respectively, g/gmole
Qi, Qo = flow rate of gas stream at the inlet and
outlet of the control device, respectively, dscmm
K2 = constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter)
(kilogram/gram) (minute/hour), where standard temperature is
20 [deg]C.
(B) The percent reduction in total organic HAP or TOC shall be
calculated using Equation 37 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.036
Where:
R = control efficiency of control device, percent
Ei = mass rate of total organic HAP or TOC at the inlet to
the control device as calculated under paragraph (d)(l)(i)(A)
of
[[Page 507]]
this section, kilograms organic HAP per hour
Eo = mass rate of total organic HAP or TOC at the outlet of
the control device, as calculated under paragraph (d)(1)(i)(A)
of this section, kilograms organic HAP per hour.
(C) A performance test is not required to be conducted if the
control device used to comply with Sec. 63.1362(c) (storage tank
provisions) is also used to comply with Sec. 63.1362(b) (process vent
provisions), provided compliance with Sec. 63.1362(b) is demonstrated
in accordance with paragraph (c) of this section and the demonstrated
percent reduction is equal to or greater than 95 percent.
(D) A performance test is not required for any control device for
which a previous test was conducted, provided the test was conducted
using the same procedures specified in paragraph (b) of this section.
(ii) Design evaluation option. If the owner or operator elects to
demonstrate initial compliance by conducting a design evaluation, the
owner or operator shall prepare documentation in accordance with the
design evaluation provisions in paragraph (a)(1) of this section, as
applicable. The design evaluation shall demonstrate that the control
device being used achieves the required control efficiency when the
storage vessel is filled at the reasonably expected maximum filling
rate.
(2) Outlet concentration requirement for control devices. If the
owner or operator equips a Group 1 storage vessel with a closed vent
system and control device, the owner or operator shall demonstrate
initial compliance with the outlet concentration requirements of Sec.
63.1362(c)(2)(iv)(B) or (c)(3) by fulfilling the requirements of
paragraph (a)(6) of this section.
(3) Floating roof. If the owner or operator equips a Group 1 storage
vessel with a floating roof to comply with the provisions in Sec.
63.1362(c)(2) or (c)(3), the owner or operator shall demonstrate initial
compliance by complying with the procedures described in paragraphs
(d)(3)(i) and (ii) of this section.
(i) Comply with Sec. 63.119(b), (c), or (d) of subpart G of this
part, as applicable, with the differences specified in Sec.
63.1362(d)(2)(i) through (iii).
(ii) Comply with the procedures described in Sec. 63.120(a), (b),
or (c), as applicable, with the differences specified in paragraphs
(d)(3)(ii)(A) through (C) of this section.
(A) When the term ``storage vessel'' is used in Sec. 63.120, the
definition of the term ``storage vessel'' in Sec. 63.1361 shall apply
for the purposes of this subpart.
(B) When the phrase ``the compliance date specified in Sec. 63.100
of subpart F of this part'' is referred to in Sec. 63.120, the phrase
``the compliance date specified in Sec. 63.1364'' shall apply for the
purposes of this subpart.
(C) When the phrase ``the maximum true vapor pressure of the total
organic HAP in the stored liquid falls below the values defining Group 1
storage vessels specified in Table 5 or Table 6 of this subpart'' is
referred to in Sec. 63.120(b)(1)(iv), the phrase ``the maximum true
vapor pressure of the total organic HAP in the stored liquid falls below
the values defining Group 1 storage vessels specified in Sec. 63.1361''
shall apply for the purposes of this subpart.
(4) Flares. If the owner or operator controls the emissions from a
Group 1 storage vessel with a flare, initial compliance is demonstrated
by fulfilling the requirements in paragraph (a)(3) of this section.
(5) Exemptions from initial compliance. No initial compliance
demonstration is required for control devices specified in paragraph
(a)(4) of this section.
(6) Initial compliance with alternative standard. If the owner or
operator equips a Group 1 storage vessel with a closed-vent system and
control device, the owner or operator shall demonstrate initial
compliance with the alternative standard in Sec. 63.1362(c)(4) by
fulfilling the requirements of paragraph (a)(5) of this section.
(7) Planned routine maintenance. The owner or operator shall
demonstrate initial compliance with the planned routine maintenance
provisions of Sec. 63.1362(c)(5) by including the anticipated periods
of planned routine maintenance for the first reporting period in the
Notification of Compliance Status report as specified in Sec.
63.1368(f).
(e) Initial compliance with wastewater provisions. The owner or
operator shall demonstrate initial compliance with
[[Page 508]]
the wastewater requirements by complying with the applicable provisions
in Sec. 63.145, except that the owner or operator need not comply with
the requirement to determine visible emissions that is specified in
Sec. 63.145(j)(1), and references to compounds in Table 8 of subpart G
of this part are not applicable for the purposes of this subpart. When
Sec. 63.145(i) refers to Method 18 of 40 CFR part 60, appendix A-6, the
owner or operator may use any method specified in Sec. 63.1362(d)(12)
to demonstrate initial compliance with this subpart.
(f) Initial compliance with the bag dump and product dryer
provisions. Compliance with the particulate matter concentration limits
specified in Sec. 63.1362(e) is demonstrated when the concentration of
particulate matter is less than 0.01 gr/dscf, as measured using the
method described in paragraph (b)(7) of this section.
(g) Initial compliance with the pollution prevention alternative
standard. The owner or operator shall demonstrate initial compliance
with Sec. 63.1362(g)(2) and (3) for a PAI process unit by preparing the
demonstration summary in accordance with paragraph (g)(1) of this
section and by calculating baseline and target annual HAP and VOC
factors in accordance with paragraphs (g)(2) and (3) of this section. To
demonstrate initial compliance with Sec. 63.1362(g)(3), the owner or
operator must also comply with the procedures for add-on control devices
that are specified in paragraph (g)(4) of this section.
(1) Demonstration summary. The owner or operator shall prepare a
pollution prevention demonstration summary that shall contain, at a
minimum, the information in paragraphs (g)(1)(i) through (iii) of this
section. The demonstration summary shall be included in the
Precompliance report as specified in Sec. 63.1368(e)(4).
(i) Descriptions of the methodologies and forms used to measure and
record consumption of HAP and VOC compounds.
(ii) Descriptions of the methodologies and forms used to measure and
record production of the product(s).
(iii) Supporting documentation for the descriptions provided in
accordance with paragraphs (g)(1)(i) and (ii) of this section including,
but not limited to, operator log sheets and copies of daily, monthly,
and annual inventories of materials and products. The owner or operator
must show how this documentation will be used to calculate the annual
factors required in Sec. 63.1366(f)(1).
(2) Baseline factors. The baseline HAP and VOC factors shall be
calculated by dividing the consumption of total HAP and total VOC by the
production rate, per process, for the first 3-year period in which the
process was operational, beginning no earlier than the period consisting
of the 1987 through 1989 calendar years. Alternatively, for a process
that has been operational for less than 3 years, but more than 1 year,
the baseline factors shall be established for the time period from
startup of the process until the present.
(3) Target annual factors. The owner or operator must calculate
target annual factors in accordance with either paragraph (g)(3)(i) or
(ii) of this section.
(i) To demonstrate initial compliance with Sec. 63.1362(g)(2), the
target annual HAP factor must be equal to or less than 15 percent of the
baseline HAP factor. For each reduction in a HAP that is also a VOC, the
target annual VOC factor must be lower than the baseline VOC factor by
an equivalent amount on a mass basis. For each reduction in a HAP that
is not a VOC, the target annual factor must be equal to or less than the
baseline VOC factor.
(ii) To demonstrate initial compliance with Sec. 63.1362(g)(3)(i),
the target annual HAP and VOC factors must be calculated as specified in
paragraph (g)(3)(i) of this section, except that when ``15 percent'' is
referred to in paragraph (g)(3)(i) of this section, ``50 percent'' shall
apply for the purposes of this paragraph.
(4) Requirements for add-on control devices. Initial compliance with
the requirements for add-on control devices in Sec. 63.1362(g)(3)(ii)
is demonstrated when the requirements in paragraphs (g)(4)(i) through
(iii) of this section are met.
(i) The yearly reductions associated with add-on controls that meet
the criteria of Sec. 63.1362(g)(3)(ii)(A) through (D), must be equal to
or greater than the
[[Page 509]]
amounts calculated using Equations 38 and 39 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.037
[GRAPHIC] [TIFF OMITTED] TR23JN99.038
Where:
HAPreduced = the annual HAP emissions reduction required by
add-on controls, kg/yr
HFbase = the baseline HAP factor, kg HAP consumed/kg product
RP2 = the fractional reduction in the annual HAP factor
achieved using pollution prevention where RP2 is
=0.5
VOC