[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2021 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 40

Protection of Environment


________________________

Part 63 (Sec. Sec.  63.600 to 63.1199)

                         Revised as of July 1, 2021

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2021
                    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........................     765
      Alphabetical List of Agencies Appearing in the CFR......     785
      List of CFR Sections Affected...........................     795

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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

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OMB CONTROL NUMBERS

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

[[Page vi]]

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

    Provisions of the Code that are no longer in force and effect as of 
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Code users may find the text of provisions in effect on any given date 
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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
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not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
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This material, like any other properly issued regulation, has the force 
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    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
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    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
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    (c) The incorporating document is drafted and submitted for 
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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

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the revision dates of the 50 CFR titles.

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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2021







[[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, 2021.

    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-IX--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, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering Council appear 
in volume thirty seven.

    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.  63.600 to 63.1199)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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



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

Sec.
63.600 Applicability.
63.601 Definitions.
63.602 Standards and compliance dates.
63.603 [Reserved]
63.604 [Reserved]
63.605 Operating and monitoring requirements.
63.606 Performance tests and compliance provisions.
63.607 Notification, recordkeeping, and reporting requirements.
63.608 General requirements and applicability of general provisions of 
          this part.
63.609 [Reserved]
63.610 Exemption from new source performance standards.
63.611 Implementation and enforcement.

Table 1 to Subpart AA of Part 63--Existing Source Emission Limits
Table 2 to Subpart AA of Part 63--New Source Emission Limits
Table 3 to Subpart AA of Part 63--Monitoring Equipment Operating 
          Parameters
Table 4 to Subpart AA of Part 63--Operating Parameters, Operating Limits 
          and Data Monitoring, Recordkeeping and Compliance Frequencies
Table 5 to Subpart AA of Part 63--Calibration and Quality Control 
          Requirements for Continuous Parameter Monitoring System (CPMS)
Appendix A to Subpart AA of Part 63--Applicability of General Provisions 
          (40 CFR part 63, subpart A) to Subpart AA

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

63.620 Applicability.
63.621 Definitions.
63.622 Standards and compliance dates.
63.623 [Reserved]
63.624 [Reserved]
63.625 Operating and monitoring requirements.
63.626 Performance tests and compliance provisions.
63.627 Notification, recordkeeping, and reporting requirements.
63.628 General requirements and applicability of general provisions of 
          this part.
63.629 Miscellaneous requirements.
63.630 [Reserved]
63.631 Exemption from new source performance standards.
63.632 Implementation and enforcement.

Table 1 to Subpart BB of Part 63--Existing Source Emission Limits
Table 2 to Subpart BB of Part 63--New Source Emission Limits
Table 3 to Subpart BB of Part 63--Monitoring Equipment Operating 
          Parameters
Table 4 to Subpart BB of Part 63--Operating Parameters, Operating Limits 
          and Data Monitoring, Recordkeeping and Compliance Frequencies
Table 5 to Subpart BB of Part 63--Calibration and Quality Control 
          Requirements for Continuous Parameter Monitoring Systems 
          (CPMS)
Appendix A to Subpart BB of Part 63--Applicability of General Provisions 
          (40 CFR part 63, subpart A) to Subpart BB

Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

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

[[Page 6]]

63.671 Requirements for flare monitoring systems.
63.672-63.679 [Reserved]

Appendix to Subpart CC of Part 63--Tables

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

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

Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants (HAP) 
          for Subpart DD
Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart 
          A of This Part 63--General Provisions to Subpart DD
Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
          Existing Affected Sources as Required by 40 CFR 63.685(b)(1)
Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
          Existing Affected Sources as Required by 40 CFR 
          63.685(b)(1)(ii)
Table 5 to Subpart DD of Part 63--Tank Control Levels for Tanks at New 
          Affected Sources as Required by 40 CFR 63.685(b)(2)

 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

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

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

Subpart FF [Reserved]

 Subpart GG_National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

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

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

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

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

[[Page 7]]


Appendix to Subpart HH of Part 63--Tables

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

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

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

Subpart JJ_National Emission Standards for Wood Furniture Manufacturing 
                               Operations

63.800 Applicability.
63.801 Definitions.
63.802 Emission limits.
63.803 Work practice standards.
63.804 Compliance procedures and monitoring requirements.
63.805 Performance test methods.
63.806 Recordkeeping requirements.
63.807 Reporting requirements.
63.808 Implementation and enforcement.
63.809-63.819 [Reserved]

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

 Subpart KK_National Emission Standards for the Printing and Publishing 
                                Industry

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

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

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

63.840 Applicability.
63.841 [Reserved]
63.842 Definitions.
63.843 Emission limits for existing sources.
63.844 Emission limits for new or reconstructed sources.
63.845 Incorporation of new source performance standards for potroom 
          groups.
63.846 Emission averaging.
63.847 Compliance provisions.
63.848 Emission monitoring requirements.
63.849 Test methods and procedures.
63.850 Notification, reporting, and recordkeeping requirements.
63.851 Regulatory authority review procedures.
63.852 Applicability of general provisions.
63.853 Implementation and enforcement.
63.854 Work practice standards for potlines.
63.855 Alternative emissions limits for co-controlled new and existing 
          anode bake furnaces.
63.856-63.859 [Reserved]

Table 1 to Subpart LL of Part 63--Potline TF Limits for Emission 
          Averaging
Table 2 to Subpart LL of Part 63--Potline POM Limits for Emission 
          Averaging
Table 3 to Subpart LL of Part 63--Potline PM Limits for Emission 
          Averaging
Table 4 to Subpart LL of Part 63--Anode Bake Furnace Limits for Emission 
          Averaging

[[Page 8]]

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

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

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

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

Subpart NN_National Emission Standards for Hazardous Air Pollutants for 
              Wool Fiberglass Manufacturing at Area Sources

63.880 Applicability.
63.881 Definitions.
63.882 Emission standards.
63.883 Monitoring requirements.
63.884 Performance test requirements.
63.885 Test methods and procedures.
63.886 Notification, recordkeeping, and reporting requirements.
63.887 Compliance dates.
63.888 Startups and shutdowns.
63.889-63.899 [Reserved]

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

        Subpart OO_National Emission Standards for Tanks_Level 1

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

          Subpart PP_National Emission Standards for Containers

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

     Subpart QQ_National Emission Standards for Surface Impoundments

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

   Subpart RR_National Emission Standards for Individual Drain Systems

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

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

63.980 Applicability.
63.981 Definitions.
63.982 Requirements.
63.983 Closed vent systems.
63.984 Fuel gas systems and processes to which storage vessel, transfer 
          rack, or equipment leak regulated materials emissions are 
          routed.
63.985 Nonflare control devices used to control emissions from storage 
          vessels and low throughput transfer racks.
63.986 Nonflare control devices used for equipment leaks only.
63.987 Flare requirements.
63.988 Incinerators, boilers, and process heaters.
63.989 [Reserved]
63.990 Absorbers, condensers, and carbon adsorbers used as control 
          devices.
63.991 [Reserved]
63.992 Implementation and enforcement.

[[Page 9]]

63.993 Absorbers, condensers, carbon adsorbers and other recovery 
          devices used as final recovery devices.
63.994 Halogen scrubbers and other halogen reduction devices.
63.995 Other control devices.
63.996 General monitoring requirements for control and recovery devices.
63.997 Performance test and compliance assessment requirements for 
          control devices.
63.998 Recordkeeping requirements.
63.999 Notifications and other reports.

Subpart TT_National Emission Standards for Equipment Leaks_Control Level 
                                    1

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

Subpart UU_National Emission Standards for Equipment Leaks_Control Level 
                               2 Standards

63.1019 Applicability.
63.1020 Definitions.
63.1021 Alternative means of emission limitation.
63.1022 Equipment identification.
63.1023 Instrument and sensory monitoring for leaks.
63.1024 Leak repair.
63.1025 Valves in gas and vapor service and in light liquid service 
          standards.
63.1026 Pumps in light liquid service standards.
63.1027 Connectors in gas and vapor service and in light liquid service 
          standards.
63.1028 Agitators in gas and vapor service and in light liquid service 
          standards.
63.1029 Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1030 Pressure relief devices in gas and vapor service standards.
63.1031 Compressors standards.
63.1032 Sampling connection systems standards.
63.1033 Open-ended valves or lines standards.
63.1034 Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process standards.
63.1035 Quality improvement program for pumps.
63.1036 Alternative means of emission limitation: Batch processes.
63.1037 Alternative means of emission limitation: Enclosed vented 
          process units or affected facilities.
63.1038 Recordkeeping requirements.
63.1039 Reporting requirements.

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

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

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

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

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

[[Page 10]]

63.1067 Implementation and enforcement.

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

                              Introduction

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

                               Definitions

63.1082 What definitions do I need to know?

                 Applicability for Heat Exchange Systems

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

                    Heat Exchange System Requirements

63.1085 What are the general requirements for heat exchange systems?

            Monitoring Requirements for Heat Exchange Systems

63.1086 How must I monitor for leaks to cooling water?

              Repair Requirements for Heat Exchange Systems

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

   Recordkeeping and Reporting Requirements for Heat Exchange Systems

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

                    Background for Waste Requirements

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

                  Applicability for Waste Requirements

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

                           Waste Requirements

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

                     Implementation and Enforcement

63.1097 Who implements and enforces this subpart?

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

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

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

Subparts ZZ-BBB [Reserved]

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

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

[[Page 11]]


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

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

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

                                Standards

63.1178 For cupolas, what standards must I meet?
63.1179 For curing ovens or combined collection/curing operations, what 
          standards must I meet?
63.1180 When must I meet these standards?

                        Compliance With Standards

63.1181 How do I comply with the particulate matter standards for 
          existing, new, and reconstructed cupolas?
63.1182 How do I comply with the carbon monoxide, carbonyl sulfide, 
          hydrogen fluoride, and hydrogen chloride standards for 
          existing, new, and reconstructed cupolas?
63.1183 How do I comply with the formaldehyde, phenol, and methanol 
          standards for existing, new, and reconstructed combined 
          collection/curing operations?

                    Additional Monitoring Information

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

                      Performance Tests and Methods

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

               Notification, Recordkeeping, and Reporting

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

                   Other Requirements and Information

63.1194 Which general provisions apply?
63.1195 Who implements and enforces this subpart?
63.1196 What definitions should I be aware of?
63.1197 Startups and shutdowns.
63.1198-63.1199 [Reserved]

Table 1 to Subpart DDD of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart DDD of Part 63.
Table 2 to Subpart DDD of Part 63--Emissions Limits and Compliance Dates
Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of 
          Insulation Resins by the Hydroxylamine Hydrochloride Method.

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

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



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

    Source: 80 FR 50436, Aug. 19, 2015, unless otherwise noted.



Sec.  63.600  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
you are subject to the requirements of this subpart if you own or 
operate a phosphoric acid manufacturing plant that is a major source as 
defined in Sec.  63.2. You must comply with the emission limitations, 
work practice standards, and operating parameter requirements specified 
in this subpart at all times.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAP) emitted from the following affected sources at a 
phosphoric acid manufacturing plant:
    (1) Each wet-process phosphoric acid process line.
    (2) Each evaporative cooling tower.
    (3) Each phosphate rock dryer.
    (4) Each phosphate rock calciner.
    (5) Each superphosphoric acid process line.
    (6) Each purified phosphoric acid process line.
    (7) Each gypsum dewatering stack.
    (8) Each cooling pond.
    (c) The requirements of this subpart do not apply to a phosphoric 
acid manufacturing plant that is an area source as defined in Sec.  
63.2.

[[Page 12]]

    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec.  63.601.



Sec.  63.601  Definitions.

    Terms used in this subpart are defined in Sec.  63.2 of the Clean 
Air Act and in this section as follows:
    Active gypsum dewatering stack means a gypsum dewatering stack that 
is currently receiving gypsum, received gypsum within the last year, or 
is part of the facility's water management system. A gypsum dewatering 
stack that is considered closed by a state authority is not considered 
an active gypsum dewatering stack.
    Breakthrough means the point in time when the level of mercury 
detected at the outlet of an adsorber system is 90 percent of the 
highest concentration allowed to be discharged consistent with the 
applicable emission limit.
    Cooling pond means a natural or artificial open reservoir that is 
primarily used to collect and cool water that comes into direct contact 
with raw materials, intermediate products, by-products, waste products, 
or finished products from a phosphoric acid manufacturing plant. The 
water in the cooling pond is often used at phosphoric acid manufacturing 
plants as filter wash water, absorber water for air pollution control 
absorbers, and/or to transport phosphogypsum as slurry to a gypsum 
dewatering stack(s).
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide 
(P2O5), fed to the process.
    Evaporative cooling tower means an open-water, re-circulating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Existing source depends on the date that construction or 
reconstruction of an affected source commenced. A wet-process phosphoric 
acid process line, superphosphoric acid process line, phosphate rock 
dryer, phosphate rock calciner, evaporative cooling tower, or purified 
acid process line is an existing source if construction or 
reconstruction of the affected source commenced on or before December 
27, 1996. A gypsum dewatering stack or cooling pond is an existing 
source if it meets one of two criteria:
    (1) It was constructed or reconstructed on or before August 19, 
2015; or
    (2) It was constructed or reconstructed after August 19, 2015 and it 
was not required to obtain a permit by a state authority for the 
construction or reconstruction.
    Gypsum dewatering stack means any defined geographic area associated 
with a phosphoric acid manufacturing plant in which gypsum is disposed 
of or stored, other than within a fully enclosed building, container, or 
tank.
    Gypsum dewatering stack system means the gypsum dewatering stack, 
together with all pumps, piping, ditches, drainage conveyances, water 
control structures, collection pools, cooling ponds, surge ponds, 
auxiliary holding ponds, regional holding ponds and any other collection 
or conveyance system associated with the transport of gypsum from the 
plant to the gypsum dewatering stack, its management at the gypsum 
dewatering stack, and the process wastewater return to the phosphoric 
acid production or other process.
    HAP metals mean those metals and their compounds (in particulate or 
volatile form) that are included on the list of hazardous air pollutants 
in section 112 of the Clean Air Act. HAP metals include, but are not 
limited to: Antimony, arsenic, beryllium, cadmium, chromium, lead, 
manganese, nickel, and selenium expressed as particulate matter as 
measured by the methods and procedures in this subpart or an approved 
alternative method. For the purposes of this subpart, HAP metals (except 
mercury) are expressed as particulate matter as measured by Method 5 at 
40 CFR part 60, appendix A-3.
    New source depends on the date that construction or reconstruction 
of an affected source commences. A wet-process phosphoric acid process 
line, superphosphoric acid process line, phosphate rock dryer, phosphate 
rock calciner, evaporative cooling tower, or

[[Page 13]]

purified acid process line is a new source if construction or 
reconstruction of the affected source commenced after December 27, 1996. 
A gypsum dewatering stack or cooling pond is a new source if it meets 
two criteria:
    (1) It was constructed or reconstructed after August 19, 2015; and
    (2) It was required to obtain a permit by a state authority for the 
construction or reconstruction.
    Oxidation reactor means any equipment or step that uses an oxidizing 
agent (e.g., nitric acid, ammonium nitrate, or potassium permanganate) 
to treat superphosphoric acid.
    Phosphate rock calciner means the equipment used to remove moisture 
and organic matter from phosphate rock through direct or indirect 
heating.
    Phosphate rock dryer means the equipment used to reduce the moisture 
content of phosphate rock through direct or indirect heating.
    Phosphate rock feed means all material entering any phosphate rock 
dryer or phosphate rock calciner including moisture and extraneous 
material as well as the following ore materials: Fluorapatite, 
hydroxylapatite, chlorapatite, and carbonateapatite.
    Purified phosphoric acid process line means any process line that 
uses a HAP as a solvent in the separation of impurities from the product 
acid for the purposes of rendering that product suitable for industrial, 
manufacturing, or food grade uses. A purified phosphoric acid process 
line includes: solvent extraction process equipment, solvent stripping 
and recovery equipment, seal tanks, carbon treatment equipment, cooling 
towers, storage tanks, pumps, and process piping.
    Raffinate stream means the aqueous stream containing the impurities 
that are removed during the purification of wet-process phosphoric acid 
using solvent extraction.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Rim ditch (cell) building technique means a gypsum dewatering stack 
construction technique that utilizes inner and outer dikes to direct 
gypsum slurry flow around the perimeter of the stack before directing 
the flow and allowing settling of finer materials into the settling 
compartment. For the purpose of this definition, the rim ditch (cell) 
building technique includes the compartment startup phase when gypsum is 
deposited directly into the settling compartment in preparation for 
ditch construction as well as the step-in or terminal phases when most 
solids must be directed to the settling compartment prior to stack 
closure. Decant return ditches are not rim ditches.
    Shutdown commences when feed materials cease to be added to an 
affected source and ends when the affected source is deactivated, 
regardless of whether feed material is present in the affected source.
    Startup commences when any feed material is first introduced into an 
affected source and ends when feed material is fully loaded into the 
affected source.
    Superphosphoric acid process line means any process line that 
concentrates wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight. A superphosphoric acid 
process line includes: evaporators, hot wells, acid sumps, oxidation 
reactors, and cooling tanks.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP HF, as measured by reference methods specified in 40 
CFR part 60, appendix A, Method 13 A or B, or by equivalent or 
alternative methods approved by the Administrator pursuant to Sec.  
63.7(f).
    Wet-process phosphoric acid process line means any process line 
manufacturing phosphoric acid by reacting phosphate rock and acid. A 
wet-process phosphoric acid process line includes: reactors, filters, 
evaporators, and hot wells.

[[Page 14]]



Sec.  63.602  Standards and compliance dates.

    (a) On and after the dates specified in paragraphs (a)(1) through 
(6) of this section, for each wet-process phosphoric acid process line, 
superphosphoric acid process line, phosphate rock dryer, and phosphate 
rock calciner, you must comply with the emission limits as specified in 
paragraphs (a)(1) through (6) of this section. If a process line 
contains more than one emission point, you must sum the emissions from 
all emission points in a process line to determine compliance with the 
specified emission limits.
    (1) For each existing wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commenced construction or reconstruction on or before December 27, 1996, 
you must comply with the emission limits specified in Table 1 to this 
subpart beginning on June 10, 2002.
    (2) For each existing phosphate rock calciner that commenced 
construction or reconstruction on or before December 27, 1996, you must 
comply with the emission limits as specified in paragraphs (a)(2)(i) 
through (iii) of this section.
    (i) You must comply with the total particulate emission limit 
specified in Table 1 to this subpart beginning on June 10, 2002.
    (ii) You must comply with the mercury emission limit specified in 
Table 1 to this subpart beginning on November 3, 2020.
    (iii) You must comply with the total fluorides emission limit 
specified in Table 1 to this subpart beginning on August 19, 2015.
    (3) For each new wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commences construction or reconstruction after December 27, 1996 and on 
or before August 19, 2015, you must comply with the emission limits 
specified in Table 2 to this subpart beginning on June 10, 1999 or at 
startup, whichever is later.
    (4) For each new wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commences construction or reconstruction after August 19, 2015, you must 
comply with the emission limits specified in Table 2 to this subpart 
immediately upon startup.
    (5) For each new phosphate rock calciner that commences construction 
or reconstruction after December 27, 1996 and on or before August 19, 
2015, you must comply with the emission limits as specified in 
paragraphs (a)(5)(i) through (iii) of this section.
    (i) You must comply with the total particulate emission limit 
specified in Table 2 to this subpart beginning on June 10, 1999 or at 
startup, whichever is later.
    (ii) You must comply with the mercury emission limit specified in 
Table 2 to this subpart beginning on August 19, 2015, or upon startup, 
whichever is later.
    (iii) You must comply with the total fluorides emission limit 
specified in Table 2 to this subpart beginning on August 19, 2015, or 
upon startup, whichever is later.
    (6) For each new phosphate rock calciner that commences construction 
or reconstruction after August 19, 2015, you must comply with the 
emission limits specified in Table 2 to this subpart immediately upon 
startup.
    (b) For each existing purified phosphoric acid process line that 
commenced construction or reconstruction on or before December 27, 1996, 
you must comply with the provisions of subpart H of this part and 
paragraphs (b)(1) through (3) of this section beginning on June 10, 
2002. For each new purified phosphoric acid process line that commences 
construction or reconstruction after December 27, 1996, you must comply 
with the provisions of subpart H of this part and paragraphs (b)(1) 
through (3) of this section beginning on June 10, 1999 or at startup, 
whichever is later.
    (1) Maintain a 30-day rolling average of daily concentration 
measurements of methyl isobutyl ketone equal to or below 20 parts per 
million by weight (ppmw) for each product acid stream.
    (2) Maintain a 30-day rolling average of daily concentration 
measurements of methyl isobutyl ketone equal to or below 30 ppmw for 
each raffinate stream.
    (3) Maintain the daily average temperature of the exit gas stream 
from

[[Page 15]]

the chiller stack below 50 degrees Fahrenheit.
    (c) Beginning on June 10, 2002, you must not introduce into an 
existing evaporative cooling tower that commenced construction or 
reconstruction on or before December 27, 1996, any liquid effluent from 
any absorber installed to control emissions from process equipment. 
Beginning on June 10, 1999 or at startup, whichever is later, you must 
not introduce into a new evaporative cooling tower that commences 
construction or reconstruction after December 27, 1996, any liquid 
effluent from any absorber installed to control emissions from process 
equipment.
    (d) For each gypsum dewatering stack system, you must prepare, and 
operate in accordance with, a gypsum dewatering stack and cooling pond 
management plan that contains the information specified in paragraph (e) 
of this section beginning on August 19, 2016.
    (e) The gypsum dewatering stack and cooling pond management plan 
must include the information specified in paragraphs (e)(1) through (3) 
of this section. You must submit the gypsum dewatering stack and cooling 
pond management plan for approval to the Administrator as specified in 
paragraph (e)(4) of this section.
    (1) Location (including latitude and longitude of centroid in 
decimal degrees to four decimal places) of each gypsum dewatering stack 
and each cooling pond in the gypsum dewatering stack system.
    (2) Permitted maximum footprint acreage of each gypsum dewatering 
stack and each cooling pond in the gypsum dewatering stack system.
    (3) Control measures that you use to minimize fugitive hydrogen 
fluoride emissions from the gypsum dewatering stack system. If you 
operate one or more active gypsum dewatering stacks or cooling ponds 
that are considered new sources as defined in Sec.  63.601, then you 
must use, and include in the management plan, at least two of the 
control measures listed in paragraphs (e)(3)(i) through (vii) of this 
section for your gypsum dewatering stack system. If you only operate 
active gypsum dewatering stacks and cooling ponds that are considered 
existing sources as defined in Sec.  63.601, then you must use, and 
include in the management plan, at least one of the control measures 
listed in paragraphs (e)(3)(i) through (vii) of this section for your 
gypsum dewatering stack system.
    (i) For at least one cooling pond that is considered part of your 
gypsum dewatering stack system, you may choose to submerge the discharge 
pipe to a level below the surface of the cooling pond.
    (ii) For at least one cooling pond that is considered part of your 
gypsum dewatering stack system, you may choose to use lime (or any other 
caustic substance) to raise the pH of the liquid (e.g., the condensed 
vapors from the flash cooler and evaporators, and scrubbing liquid) 
discharged into the cooling pond. If you choose this control measure, 
then you must include in the plan the method used to raise the pH of the 
liquid discharged into the cooling pond, the target pH value (of the 
liquid discharged into the cooling pond) expected to be achieved by 
using the method, and the analyses used to determine and support the 
raise in pH.
    (iii) For all cooling ponds that are considered part of your gypsum 
dewatering stack system, you may choose to reduce the total cooling pond 
surface area based on a facility specific evaluation plan. If you choose 
this control measure, then you must include in the facility specific 
evaluation plan certified by an independent licensed professional 
engineer or similarly qualified individual. You must also include in the 
plan the method used to reduce total cooling pond footprint, the 
analyses used to determine and support the reduction in the total 
cooling pond surface area, and the amount of total cooling pond surface 
area that was reduced due to the facility specific evaluation plan.
    (iv) For at least one gypsum dewatering stack that is considered 
part of your gypsum dewatering stack system, you may choose to minimize 
the surface area of the gypsum pond associated with the active gypsum 
dewatering stack by using a rim ditch (cell) building technique or other 
building technique.

[[Page 16]]

    (v) For at least one gypsum dewatering stack that is considered part 
of your gypsum dewatering stack system, you may choose to apply slaked 
lime to the active gypsum dewatering stack surfaces. If you choose this 
control measure, then you must include in the plan the method used to 
determine the specific locations slaked lime is applied. The plan must 
also include the methods used to determine the quantity of, and when to 
apply, slaked lime (e.g., slaked lime may be applied to achieve a state 
ambient air standard for fluorides, measured as hydrogen fluoride).
    (vi) For at least one gypsum dewatering stack that is considered 
part of your gypsum dewatering stack system, you may choose to apply 
soil caps and vegetation, or a synthetic cover, to a portion of side 
slopes of the active gypsum dewatering stack. If you choose this control 
measure, then you must include in the plan the method used to determine 
the specific locations of soil caps and vegetation, or synthetic cover; 
and specify the acreage and locations where soil caps and vegetation, or 
synthetic cover, is applied. The plan must also include a schedule 
describing when soil caps and vegetation, or synthetic cover, is to be 
applied.
    (vii) For all gypsum dewatering stacks that are considered part of 
your gypsum dewatering stack system, you may choose to establish closure 
requirements that at a minimum, contain requirements for the specified 
items in paragraphs (e)(3)(vii)(A) and (B) of this section.
    (A) A specific trigger mechanism for when you must begin the closure 
process on the gypsum dewatering stack; and
    (B) A requirement to install a final cover. For purposes of this 
paragraph, final cover means the materials used to cover the top and 
sides of a gypsum dewatering stack upon closure.
    (4) You must submit your plan for approval to the Administrator at 
least 6 months prior to the compliance date specified in Sec.  
63.602(d), or with the permit application for modification, 
construction, or reconstruction. The plan must include details on how 
you will implement and show compliance with the control technique(s) 
that you have selected to use. The Administrator will approve or 
disapprove your plan within 90 days after receipt of the plan. To change 
any of the information submitted in the plan, you must submit a revised 
plan 60 days before the planned change is to be implemented in order to 
allow time for review and approval by the Administrator before the 
change is implemented.
    (f) Beginning on August 19, 2015, during periods of startup and 
shutdown (as defined in Sec.  63.601), you must comply with the work 
practice specified in this paragraph in lieu of the emission limits 
specified in paragraph (a) of this section. During periods of startup 
and shutdown, you must operate any control device(s) being used at the 
affected source, monitor the operating parameters specified in Table 3 
of this subpart, and comply with the operating limits specified in Table 
4 of this subpart.

[80 FR 50436, Aug. 19, 2015,, as amended at 85 FR 69512, Nov. 3, 2020]



Sec. Sec.  63.603-63.604  [Reserved]



Sec.  63.605  Operating and monitoring requirements.

    (a) For each wet-process phosphoric acid process line or 
superphosphoric acid process line subject to the provisions of this 
subpart, you must comply with the monitoring requirements specified in 
paragraphs (a)(1) and (2) of this section.
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system (CMS) according to your site-specific monitoring plan 
specified in Sec.  63.608(c). The CMS must have an accuracy of 5 percent over its operating range and must determine 
and permanently record the mass flow of phosphorus-bearing material fed 
to the process.
    (2) Maintain a daily record of equivalent P2O5 
feed. Calculate the equivalent P2O5 feed by 
determining the total mass rate, in metric ton/hour of phosphorus 
bearing feed, using the monitoring system specified in paragraph (a)(1) 
of this section and the procedures specified in Sec.  63.606(f)(3).
    (b) For each phosphate rock dryer or phosphate rock calciner subject 
to the

[[Page 17]]

provisions of this subpart, you must comply with the monitoring 
requirements specified in paragraphs (b)(1) and (2) of this section.
    (1) Install, calibrate, maintain, and operate a CMS according to 
your site-specific monitoring plan specified in Sec.  63.608(c). The CMS 
must have an accuracy of 5 percent over its 
operating range and must determine and permanently record either:
    (i) The mass flow of phosphorus-bearing feed material to the 
phosphate rock dryer or calciner, or
    (ii) The mass flow of product from the phosphate rock dryer or 
calciner.
    (2) Maintain the records specified in paragraphs (b)(2)(i) and (ii) 
of this section.
    (i) If you monitor the mass flow of phosphorus-bearing feed material 
to the phosphate rock dryer or calciner as specified in paragraph 
(b)(1)(i) of this section, maintain a daily record of phosphate rock 
feed by determining the total mass rate in metric tons/hour of 
phosphorus-bearing feed.
    (ii) If you monitor the mass flow of product from the phosphate rock 
dryer or calciner as specified in paragraph (b)(1)(ii) of this section, 
maintain a daily record of product by determining the total mass rate in 
metric ton/hour of product.
    (c) For each purified phosphoric acid process line, you must comply 
with the monitoring requirements specified in paragraphs (c)(1) and (2) 
of this section.
    (1) Install, calibrate, maintain, and operate a CMS according to 
your site-specific monitoring plan specified in Sec.  63.608(c). The CMS 
must continuously measure and permanently record the stack gas exit 
temperature for each chiller stack.
    (2) Measure and record the concentration of methyl isobutyl ketone 
in each product acid stream and each raffinate stream once each day.
    (d) If you use a control device(s) to comply with the emission 
limits specified in Table 1 or 2 of this subpart, you must install a 
continuous parameter monitoring system (CPMS) and comply with the 
requirements specified in paragraphs (d)(1) through (5) of this section.
    (1) You must monitor the operating parameter(s) applicable to the 
control device that you use as specified in Table 3 to this subpart and 
establish the applicable limit or range for the operating parameter 
limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as 
applicable.
    (i) Except as specified in paragraph (d)(1)(ii) of this section, 
determine the value(s) as the arithmetic average of operating parameter 
measurements recorded during the three test runs conducted for the most 
recent performance test.
    (ii) If you use an absorber or a wet electrostatic precipitator to 
comply with the emission limits in Table 1 or 2 to this subpart and you 
monitor pressure drop across the absorber or secondary voltage for a wet 
electrostatic precipitator, you must establish allowable ranges using 
the methodology specified in paragraphs (d)(1)(ii)(A) and (B) of this 
section.
    (A) The allowable range for the daily averages of the pressure drop 
across an absorber and of the flow rate of the absorber liquid to each 
absorber in the process absorbing system, or secondary voltage for a wet 
electrostatic precipitator, is 20 percent of the 
baseline average value determined in paragraph (d)(1)(i) of this 
section. The Administrator retains the right to reduce the 20 percent adjustment to the baseline average values of 
operating ranges in those instances where performance test results 
indicate that a source's level of emissions is near the value of an 
applicable emissions standard. However, the adjustment must not be 
reduced to less than 10 percent under any 
instance.
    (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, 
you may establish allowable ranges for the daily averages of the 
pressure drop across an absorber, or secondary voltage for an 
electrostatic precipitator, for the purpose of assuring compliance with 
this subpart using the procedures described in this paragraph. You must 
establish the allowable ranges based on the baseline average values 
recorded during previous performance tests, or the results of 
performance tests conducted specifically for the purposes of this 
paragraph. You must conduct all performance tests using the methods 
specified in Sec.  63.606. You must certify that the control devices and 
processes have

[[Page 18]]

not been modified since the date of the performance test from which you 
obtained the data used to establish the allowable ranges. When a source 
using the methodology of this paragraph is retested, you must determine 
new allowable ranges of baseline average values unless the retest 
indicates no change in the operating parameters outside the previously 
established ranges.
    (2) You must monitor, record, and demonstrate continuous compliance 
using the minimum frequencies specified in Table 4 to this subpart.
    (3) You must comply with the calibration and quality control 
requirements that are applicable to the operating parameter(s) you 
monitor as specified in Table 5 to this subpart.
    (4) If you use a non-regenerative adsorption system to achieve the 
mercury emission limits specified in Table 1 or 2 to this subpart, you 
must comply with the requirements specified in paragraph (e) of this 
section.
    (5) If you use a sorbent injection system to achieve the mercury 
emission limits specified in Table 1 or 2 to this subpart and you use a 
fabric filter to collect the associated particulate matter, the system 
must meet the requirements for fabric filters specified in paragraph (f) 
of this section.
    (e) If you use a non-regenerative adsorption system to achieve the 
mercury emission limits specified in Table 1 or 2 to this subpart, you 
must comply with the requirements specified in paragraphs (e)(1) through 
(3) of this section.
    (1) Determine the adsorber bed life (i.e., the expected life of the 
sorbent in the adsorption system) using the procedures specified in 
paragraphs (e)(1)(i) through (iv) of this section.
    (i) If the adsorber bed is expected (designed) to have a life of 
less than 2 years, determine the outlet concentration of mercury on a 
quarterly basis until breakthrough occurs for the first three adsorber 
bed change-outs. The adsorber bed life shall equal the average length of 
time between each of the three change-outs.
    (ii) If the adsorber bed is expected (designed) to have a life of 2 
years or greater, determine the outlet concentration of mercury on a 
semi-annual basis until breakthrough occurs for the first two adsorber 
bed change-outs. The adsorber bed life must equal the average length of 
time between each of the two change-outs.
    (iii) If more than one adsorber is operated in parallel, or there 
are several identical operating lines controlled by adsorbers, you may 
determine the adsorber bed life by measuring the outlet concentration of 
mercury from one of the adsorbers or adsorber systems rather than 
determining the bed life for each adsorber.
    (iv) The adsorber or adsorber system you select for the adsorber bed 
life test must have the highest expected inlet gas mercury concentration 
and the highest operating rate of any adsorber in operation at the 
affected source. During the test to determine adsorber bed life, you 
must use the fuel that contains the highest level of mercury in any 
fuel-burning unit associated with the adsorption system being tested.
    (2) You must replace the sorbent in each adsorber on or before the 
end of the adsorbent bed life, calculated in paragraph (e)(1) of this 
section.
    (3) You must re-establish the adsorber bed life if the sorbent is 
replaced with a different brand or type, or if any process changes are 
made that would lead to a shorter bed lifetime.
    (f) Beginning August 19, 2016, if you use a fabric filter system to 
comply with the emission limits specified in Table 1 or 2 to this 
subpart, then the fabric filter must be equipped with a bag leak 
detection system that is installed, calibrated, maintained, and 
continuously operated according to the requirements in paragraphs (f)(1) 
through (10) of this section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive-pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
feet) or less.

[[Page 19]]

    (3) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the system sensor.
    (4) Use a bag leak detection system equipped with a system that will 
trigger an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
such that the alert is observed readily by plant operating personnel.
    (5) Install a bag leak detection system in each compartment or cell 
for positive-pressure fabric filter systems that do not duct all 
compartments or cells to a common stack. Install a bag leak detector 
downstream of the fabric filter if a negative-pressure or induced-air 
filter system is used. If multiple bag leak detectors are required, the 
system's instrumentation and alarm may be shared among detectors.
    (6) Calibration of the bag leak detection system must, at a minimum, 
consist of establishing the baseline output level by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (7) After initial adjustment, you must not adjust the sensitivity or 
range, averaging period, alarm set points, or alarm delay time except as 
established in your site-specific monitoring plan required in Sec.  
63.608(c). In no event may the sensitivity be increased more than 100 
percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete inspection of the fabric 
filter system that demonstrates that the system is in good operating 
condition.
    (8) Operate and maintain each fabric filter and bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. If the alarm sounds more than 5 
percent of the operating time during a 6-month period, it is considered 
an operating parameter exceedance. Calculate the alarm time (i.e., time 
that the alarm sounds) as specified in paragraphs (f)(8)(i) through 
(iii) of this section.
    (i) If inspection of the fabric filter demonstrates that corrective 
action is not required, the alarm duration is not counted in the alarm 
time calculation.
    (ii) If corrective action is required, each alarm time is counted as 
a minimum of 1 hour.
    (iii) If it takes longer than 1 hour to initiate corrective action, 
each alarm time is counted as the actual amount of time taken to 
initiate corrective action.
    (9) If the alarm on a bag leak detection system is triggered, you 
must initiate procedures within 1 hour of an alarm to identify the cause 
of the alarm and then initiate corrective action, as specified in Sec.  
63.608(d)(2), no later than 48 hours after an alarm. Failure to take 
these actions within the prescribed time periods is considered a 
violation.
    (10) Retain records of any bag leak detection system alarm, 
including the date, time, duration, and the percent of the total 
operating time during each 6-month period that the alarm sounds, with a 
brief explanation of the cause of the alarm, the corrective action 
taken, and the schedule and duration of the corrective action.
    (g) If you choose to directly monitor mercury emissions instead of 
using CPMS as specified in paragraph (d) of this section, then you must 
install and operate a mercury CEMS in accordance with Performance 
Specification 12A of appendix B to part 60 of this chapter, or a sorbent 
trap-based integrated monitoring system in accordance with Performance 
Specification 12B of appendix B to part 60 of this chapter. You must 
continuously monitor mercury emissions as specified in paragraphs (g)(1) 
through (4) of this section.
    (1) The span value for any mercury CEMS must include the intended 
upper limit of the mercury concentration measurement range during normal 
operation, which may be exceeded during other short-term conditions 
lasting less than 24 consecutive operating hours. However, the span 
should be at least equivalent to approximately two times the emissions 
standard. You may round the span value to the nearest multiple of 10 
micrograms per cubic meter of total mercury.
    (2) You must operate and maintain each mercury CEMS or sorbent trap-
based integrated monitoring system

[[Page 20]]

according to the quality assurance requirements specified in Procedure 5 
of appendix F to part 60 of this chapter.
    (3) You must conduct relative accuracy testing of mercury monitoring 
systems, as specified in Performance Specification 12A, Performance 
Specification 12B, or Procedure 5 of appendix B to part 60 of this 
chapter, at normal operating conditions.
    (4) If you use a mercury CEMS, you must install, operate, calibrate, 
and maintain an instrument for continuously measuring and recording the 
exhaust gas flow rate to the atmosphere according to your site-specific 
monitoring plan specified in Sec.  63.608(c).

[80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017]



Sec.  63.606  Performance tests and compliance provisions.

    (a) You must conduct an initial performance test to demonstrate 
compliance with the applicable emission limits specified in Tables 1 and 
2 to this subpart, within 180 days of the applicable compliance date 
specified in Sec.  63.602.
    (b) After you conduct the initial performance test specified in 
paragraph (a) of this section, you must conduct a performance test once 
per calendar year.
    (c) For affected sources (as defined in Sec.  63.600) that have not 
operated since the previous annual performance test was conducted and 
more than 1 year has passed since the previous performance test, you 
must conduct a performance test no later than 180 days after the re-
start of the affected source according to the applicable provisions in 
Sec.  63.7(a)(2).
    (d)(1) You must conduct the performance tests specified in this 
section at representative (normal) conditions for the process. 
Representative (normal) conditions means those conditions that:
    (i) Represent the range of combined process and control measure 
conditions under which the facility expects to operate (regardless of 
the frequency of the conditions); and
    (ii) Are likely to most challenge the emissions control measures of 
the facility with regard to meeting the applicable emission standards, 
but without creating an unsafe condition. Operations during startup, 
shutdown, and malfunction do not constitute representative (normal) 
operating conditions for purposes of conducting a performance test.
    (2) You must record the process information that is necessary to 
document the operating conditions during the test and include in such 
record an explanation to support that such conditions represent 
representative (normal) conditions. Upon request, you must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (e) In conducting all performance tests, you must use as reference 
methods and procedures the test methods in 40 CFR part 60, appendix A, 
or other methods and procedures as specified in this section, except as 
provided in Sec.  63.7(f).
    (f) You must determine compliance with the applicable total 
fluorides standards specified in Tables 1 and 2 to this subpart as 
specified in paragraphs (f)(1) through (3) of this section.
    (1) Compute the emission rate (E) of total fluorides for each run 
using Equation AA-1:
[GRAPHIC] [TIFF OMITTED] TR19AU15.000

Where:

E = Emission rate of total fluorides, gram/metric ton (pound/ton) of 
          equivalent P2O5 feed.
Ci = Concentration of total fluorides from emission point 
          ``i,'' milligram/dry standard cubic meter (milligram/dry 
          standard cubic feet).

[[Page 21]]

Qi = Volumetric flow rate of effluent gas from emission point 
          ``i,'' dry standard cubic meter/hour (dry standard cubic feet/
          hour).
N = Number of emission points associated with the affected facility.
P = Equivalent P2O5 feed rate, metric ton/hour 
          (ton/hour).
K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13 A, may be omitted.
    (3) Compute the equivalent P2O5 feed rate (P) 
using Equation AA-2:
[GRAPHIC] [TIFF OMITTED] TR19AU15.001

Where:

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

    (i) Determine the mass flow rate (Mp) of the phosphorus-
bearing feed using the measurement system described in Sec.  63.605(a).
    (ii) Determine the P2O5 content 
(Rp) of the feed using, as appropriate, the following methods 
specified in Methods Used and Adopted By The Association of Florida 
Phosphate Chemists (incorporated by reference, see Sec.  63.14) where 
applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric 
Method.
    (E) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method.
    (g) You must demonstrate compliance with the applicable particulate 
matter standards specified in Tables 1 and 2 to this subpart as 
specified in paragraphs (g)(1) through (3) of this section.
    (1) Compute the emission rate (E) of particulate matter for each run 
using Equation AA-3:
[GRAPHIC] [TIFF OMITTED] TR19AU15.002

Where:

E = Emission rate of particulate matter, kilogram/megagram (pound/ton) 
          of phosphate rock feed.
C = Concentration of particulate matter, gram/dry standard cubic meter 
          (gram/dry standard cubic feet).

[[Page 22]]

Q = Volumetric flow rate of effluent gas, dry standard cubic meter/hour 
          (dry standard cubic feet/hour).
P = Phosphate rock feed rate, megagram/hour (ton/hour).
K = Conversion factor, 1000 grams/kilogram (453.6 grams/pound).

    (2) Use Method 5 at 40 CFR part 60, appendix A-3 to determine the 
particulate matter concentration (C) and volumetric flow rate (Q) of the 
effluent gas. Except as specified in paragraph (h) of this section, the 
sampling time and sample volume for each run must be at least 60 minutes 
and 0.85 dry standard cubic meter (30 dry standard cubic feet).
    (3) Use the CMS described in Sec.  63.605(b) to determine the 
phosphate rock feed rate (P) for each run.
    (h) To demonstrate compliance with the particulate matter standards 
for phosphate rock calciners specified in Tables 1 and 2 to this 
subpart, you must use Method 5 at 40 CFR part 60, appendix A-3 to 
determine the particulate matter concentration. The sampling volume for 
each test run must be at least 1.70 dry standard cubic meter.
    (i) To demonstrate compliance with the mercury emission standards 
for phosphate rock calciners specified in Tables 1 and 2 to this 
subpart, you must use Method 30B at 40 CFR part 60, appendix A-8 to 
determine the mercury concentration, unless you use a CEMS to 
demonstrate compliance. If you use a non-regenerative adsorber to 
control mercury emissions, you must use this test method to determine 
the expected bed life as specified in Sec.  63.605(e)(1).
    (j) If you choose to monitor the mass flow of product from the 
phosphate rock dryer or calciner as specified in Sec.  63.605(b)(1)(ii), 
you must either:
    (1) Simultaneously monitor the feed rate and output rate of the 
phosphate rock dryer or calciner during the performance test, or
    (2) Monitor the output rate and the input and output moisture 
contents of the phosphate rock dryer or calciner during the performance 
test and calculate the corresponding phosphate rock dryer or calciner 
input rate.
    (k) For sorbent injection systems, you must conduct the performance 
test at the outlet of the fabric filter used for sorbent collection. You 
must monitor and record operating parameter values for the fabric filter 
during the performance test. If the sorbent is replaced with a different 
brand or type of sorbent than was used during the performance test, you 
must conduct a new performance test.
    (l) If you use a mercury CEMS as specified in Sec.  63.605(g), or 
paragraph (i) of this section, you must demonstrate initial compliance 
based on the first 30 operating days during which you operate the 
affected source using a CEMS. You must obtain hourly mercury 
concentration and stack gas volumetric flow rate data.
    (m) If you use a CMS, you must conduct a performance evaluation, as 
specified in Sec.  63.8(e), in accordance with your site-specific 
monitoring plan in Sec.  63.608(c). For fabric filters, you must conduct 
a performance evaluation of the bag leak detection system consistent 
with the guidance provided in Office Of Air Quality Planning And 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance 
(incorporated by reference, see Sec.  63.14). You must record the 
sensitivity of the bag leak detection system to detecting changes in 
particulate matter emissions, range, averaging period, and alarm set 
points during the performance test.



Sec.  63.607  Notification, recordkeeping, and reporting requirements.

    (a) You must comply with the notification requirements specified in 
Sec.  63.9. During the most recent performance test, if you demonstrate 
compliance with the emission limit while operating your control device 
outside the previously established operating limit, you must establish a 
new operating limit based on that most recent performance test and 
notify the Administrator that the operating limit changed based on data 
collected during the most recent performance test. When a source is 
retested and the performance test results are submitted to the 
Administrator pursuant to paragraph (b)(1) of this section, Sec.  
63.7(g)(1), or Sec.  63.10(d)(2), you must indicate whether the 
operating limit is based on the new performance test or the previously 
established limit. Upon establishment of a new operating limit, you must 
thereafter operate under the new operating limit. If the Administrator 
determines

[[Page 23]]

that you did not conduct the compliance test in accordance with the 
applicable requirements or that the operating limit established during 
the performance test does not correspond to representative (normal) 
conditions, you must conduct a new performance test and establish a new 
operating limit.
    (b) You must comply with the reporting and recordkeeping 
requirements in Sec.  63.10 as specified in paragraphs (b)(1) through 
(5) of this section.
    (1) You must comply with the general recordkeeping requirements in 
Sec.  63.10(b)(1).
    (2) As required by Sec.  63.10(d), you must report the results of 
the initial and subsequent performance tests as part of the notification 
of compliance status required in Sec.  63.9(h). You must verify in the 
performance test reports that the operating limits for each process have 
not changed or provide documentation of revised operating limits 
established according to Sec.  63.605, as applicable. In the 
notification of compliance status, you must also:
    (i) Certify to the Administrator annually that you have complied 
with the evaporative cooling tower requirements specified in Sec.  
63.602(c).
    (ii) Submit analyses and supporting documentation demonstrating 
conformance with the Office Of Air Quality Planning And Standards 
(OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by 
reference, see Sec.  63.14) and specifications for bag leak detection 
systems as part of the notification of compliance status report.
    (iii) Submit the gypsum dewatering stack and cooling pond management 
plan specified in Sec.  63.602(e).
    (iv) If you elect to demonstrate compliance by following the 
procedures in Sec.  63.605(d)(1)(ii)(B), certify to the Administrator 
annually that the control devices and processes have not been modified 
since the date of the performance test from which you obtained the data 
used to establish the allowable ranges.
    (v) Each time a gypsum dewatering stack is closed, certify to the 
Administrator within 90 days of closure, that the final cover of the 
closed gypsum dewatering stack is a drought resistant vegetative cover 
that includes a barrier soil layer that will sustain vegetation.
    (3) As required by Sec.  63.10(e)(3), you must submit an excess 
emissions report for any exceedance of an emission limit, work practice 
standard, or operating parameter limit if the total duration of the 
exceedances for the reporting period is 1 percent of the total operating 
time for the reporting period or greater. The report must contain the 
information specified in Sec.  63.10 and paragraph (b)(4) of this 
section. When exceedances of an emission limit or operating parameter 
have not occurred, you must include such information in the report. You 
must submit the report semiannually and the report must be delivered or 
postmarked by the 30th day following the end of the calendar half. If 
you report exceedances, you must submit the excess emissions report 
quarterly until a request to reduce reporting frequency is approved as 
described in Sec.  63.10(e)(3)(ii).
    (4) In the event that an affected unit fails to meet an applicable 
standard, record and report the following information for each failure:
    (i) The date, time and duration of the failure.
    (ii) A list of the affected sources or equipment for which a failure 
occurred.
    (iii) An estimate of the volume of each regulated pollutant emitted 
over any emission limit.
    (iv) A description of the method used to estimate the emissions.
    (v) A record of actions taken to minimize emissions in accordance 
with Sec.  63.608(b), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (5) You must submit a summary report containing the information 
specified in Sec.  63.10(e)(3)(vi). You must submit the summary report 
semiannually and the report must be delivered or postmarked by the 30th 
day following the end of the calendar half.
    (c) Your records must be in a form suitable and readily available 
for expeditious review. You must keep each record for 5 years following 
the date of each recorded action. You must keep each record on site, or 
accessible from a central location by computer or other means that 
instantly provides access at the site, for at least 2 years

[[Page 24]]

after the date of each recorded action. You may keep the records off 
site for the remaining 3 years.
    (d) In computing averages to determine compliance with this subpart, 
you must exclude the monitoring data specified in paragraphs (d)(1) and 
(2) of this section.
    (1) Periods of non-operation of the process unit;
    (2) Periods of no flow to a control device; and any monitoring data 
recorded during CEMS or continuous parameter monitoring system (CPMS) 
breakdowns, out-of-control periods, repairs, maintenance periods, 
instrument adjustments or checks to maintain precision and accuracy, 
calibration checks, and zero (low-level), mid-level (if applicable), and 
high-level adjustments.
    (e) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(e)(1) or (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), you must 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 must be submitted in a file format 
generated through the use of the EPA's ERT. Alternatively, you 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. If you claim that some of the 
performance test information being submitted is confidential business 
information (CBI), you must 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 disc, 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: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must 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, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.
    (f) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation (as defined in Sec.  
63.2), you must submit the results of the performance evaluation 
following the procedure specified in either paragraph (f)(1) or (2) of 
this section.
    (1) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site, you must 
submit the results of the performance evaluation to the EPA via the 
CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance 
evaluation data must be submitted in a file format generated through the 
use of the EPA's ERT. Alternatively, you may submit performance 
evaluation data in an electronic file format consistent with the XML 
schema listed on the EPA's ERT Web site once the XML schema is 
available. If you claim that some of the performance evaluation 
information being transmitted is CBI, you must 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 disc, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703.

[[Page 25]]

The same ERT or alternate file with the CBI omitted must be submitted to 
the EPA via the EPA's CDX as described earlier in this paragraph.
    (2) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site, you must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec.  63.13.



Sec.  63.608  General requirements and applicability of general provisions 
of this part.

    (a) You must comply with the general provisions in subpart A of this 
part as specified in appendix A to this subpart.
    (b) 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. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by this standard have been achieved. 
Determination by the Administrator of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator that may include, but is not 
limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
    (c) For each CMS (including CEMS or CPMS) used to demonstrate 
compliance with any applicable emission limit or work practice, you must 
develop, and submit to the Administrator for approval upon request, a 
site-specific monitoring plan according to the requirements specified in 
paragraphs (c)(1) through (3) of this section. You must submit the site-
specific monitoring plan, if requested by the Administrator, at least 60 
days before the initial performance evaluation of the CMS. The 
requirements of this paragraph also apply if a petition is made to the 
Administrator for alternative monitoring parameters under Sec.  63.8(f).
    (1) You must include the information specified in paragraphs 
(c)(1)(i) through (vi) of this section in the site-specific monitoring 
plan.
    (i) Location of the CMS sampling probe or other interface. You must 
include a justification demonstrating that the sampling probe or other 
interface is 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.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), 
and Table 4 to this subpart.
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d)(1) and (2) and Table 5 to this 
subpart.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (2) You must include a schedule for conducting initial and 
subsequent performance evaluations in the site-specific monitoring plan.
    (3) You must keep the site-specific monitoring plan on site for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part, to be made available for 
inspection, upon request, by the Administrator. If you revise the site-
specific monitoring plan, you must keep previous (i.e., superseded) 
versions of the plan on site to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan. You must include the program of corrective action 
required under Sec.  63.8(d)(2) in the plan.
    (d) For each bag leak detection system installed to comply with the 
requirements specified in Sec.  63.605(f), you must include the 
information specified

[[Page 26]]

in paragraphs (d)(1) and (2) of this section in the site-specific 
monitoring plan specified in paragraph (c) of this section.
    (1) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations), including how the alarm set point will be established.
    (2) A corrective action plan describing corrective actions to be 
taken and the timing of those actions when the bag leak detection alarm 
sounds. Corrective actions may include, but are not limited to, the 
actions specified in paragraphs (d)(2)(i) through (vi) of this section.
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other conditions that may cause an increase in 
regulated material emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process controlled by the fabric filter.
    (e) If you use blower design capacity to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section calculations 
showing how you determined the maximum possible gas flow rate through 
the absorber based on the blower's specifications (including any 
adjustments you made for pressure drop).
    (f) If you use a regression model to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section the 
calculations that were used to develop the regression model, including 
the calculations you use to convert amperage of the blower to brake 
horsepower. You must describe any constants included in the equations 
(e.g., efficiency, power factor), and describe how these constants were 
determined. If you want to change a constant in your calculation, then 
you must conduct a regression model verification to confirm the new 
value of the constant. In addition, the site-specific monitoring plan 
must be updated annually to reflect the data used in the annual 
regression model verification that is described in Table 3 to this 
subpart.

[80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017]



Sec.  63.609  [Reserved]



Sec.  63.610  Exemption from new source performance standards.

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



Sec.  63.611  Implementation and enforcement.

    (a) This subpart is 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) The authorities specified in paragraphs (b)(1) through (5) of 
this section are retained by the Administrator of U.S. EPA and cannot be 
delegated to State, local, or Tribal agencies.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.600, 63.602, 63.605, and 63.610.

[[Page 27]]

    (2) Approval of requests under Sec. Sec.  63.7(e)(2)(ii) and 63.7 
(f) for alternative requirements or major changes to the test methods 
specified in this subpart, as defined in Sec.  63.90.
    (3) Approval of requests under Sec.  63.8(f) for alternative 
requirements or major changes to the monitoring requirements specified 
in this subpart, as defined in Sec.  63.90.
    (4) Waiver or approval of requests under Sec.  63.10(f) for 
alternative requirements or major changes to the recordkeeping and 
reporting requirements specified in this subpart, as defined in Sec.  
63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



 Sec. Table 1 to Subpart AA of Part 63--Existing Source Emission Limits 
                                  \a b\

----------------------------------------------------------------------------------------------------------------
                                          You must meet the emission limits for the specified pollutant . . .
 For the following existing sources . --------------------------------------------------------------------------
                 . .                       Total fluorides         Total particulate             Mercury
----------------------------------------------------------------------------------------------------------------
Wet-Process Phosphoric Acid Line.....  0.020 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Process Line c..  0.010 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Process Line      0.20 lb/ton of
 with a Submerged Combustion Process.   equivalent P2O5 feed.
Phosphate Rock Dryer.................  .......................  0.2150 lb/ton of
                                                                 phosphate rock feed.
Phosphate Rock Calciner..............  9.0E-04 lb/ton of rock   0.181 g/dscm...........  0.23 mg/dscm corrected
                                        feed d.                                           to 3-percent oxygen e
----------------------------------------------------------------------------------------------------------------
a The existing source compliance data is June 10, 2002, except as noted.
b During periods of startup and shutdown, for emission limits stated in terms of pounds of pollutant per ton of
  feed, you are subject to the work practice standards specified in Sec.   63.602(f).
c Beginning on August 19, 2018, you must include oxidation reactors in superphosphoric acid process lines when
  determining compliance with the total fluorides limit.
d Compliance date is August 19, 2015.
e Compliance date November 3, 2020.


[85 FR 69512, Nov. 3, 2020]



 Sec. Table 2 to Subpart AA of Part 63--New Source Emission Limits \a b\

----------------------------------------------------------------------------------------------------------------
                                          You must meet the emissions limits for the specified pollutant . . .
 For the following new sources . . .  --------------------------------------------------------------------------
                                           Total fluorides         Total particulate             Mercury
----------------------------------------------------------------------------------------------------------------
Wet-Process Phosphoric Acid Line.....  0.0135 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Process Line \c\  0.00870 lb/ton of
                                        equivalent P2O5 feed.
Phosphate Rock Dryer.................  .......................  0.060 lb/ton of
                                                                 phosphate rock feed.
Phosphate Rock Calciner..............  9.0E-04 lb/ton of rock   0.092 g/dscm...........  0.014 mg/dscm corrected
                                        feed.                                             to 3 percent oxygen
----------------------------------------------------------------------------------------------------------------
\a\ The new source compliance dates are based on date of construction or reconstruction as specified in Sec.
  63.602(a).
\b\ During periods of startup and shutdown, for emission limits stated in terms of pounds of pollutant per ton
  of feed, you are subject to the work practice standards specified in Sec.   63.602(f).
\c\ Beginning on August 19, 2018, you must include oxidation reactors in superphosphoric acid process lines when
  determining compliance with the total fluorides limit.


[80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017]

[[Page 28]]



 Sec. Table 3 to Subpart AA of Part 63--Monitoring Equipment Operating 
                               Parameters

----------------------------------------------------------------------------------------------------------------
                                                                  And you must monitor .
           You must . . .                      If . . .                   . . \a\              And . . . \a\
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Install a continuous parameter       Your absorber is designed    Influent liquid flow..
 monitoring system (CPMS) for         and operated with pressure
 liquid flow at the inlet of the      drops of 5 inches of water
 absorber.                            column or more; and you
                                      choose to monitor only the
                                      influent liquid flow,
                                      rather than the liquid-to-
                                      gas ratio.
Install CPMS for liquid and gas      Your absorber is designed    Liquid-to-gas ratio as  You must determine the
 flow at the inlet of the absorber    and operated with pressure   determined by           gas flow rate through
 \b\.                                 drops of 5 inches of water   dividing the influent   the absorber by:
                                      column or less; or.          liquid flow rate by    Measuring the gas flow
                                     Your absorber is designed     the gas flow rate       rate at the absorber
                                      and operated with pressure   through the absorber.   inlet or outlet;
                                      drops of 5 inches of water   The units of measure   Using the blower
                                      column or more, and you      must be consistent      design capacity, with
                                      choose to monitor the        with those used to      appropriate
                                      liquid-to-gas ratio,         calculate this ratio    adjustments for
                                      rather than only the         during the              pressure drop; \c\ or
                                      influent liquid flow, and    performance test.      Using a regression
                                      you want the ability to                              model.\d\
                                      lower liquid flow with
                                      changes in gas flow.
Install CPMS for pressure at the     Your absorber is designed    Pressure drop through   You may measure the
 gas stream inlet and outlet of the   and operated with pressure   the absorber.           pressure of the inlet
 absorber.                            drops of 5 inches of water                           gas using amperage on
                                      column or more.                                      the blower if a
                                                                                           correlation between
                                                                                           pressure and amperage
                                                                                           is established
----------------------------------------------------------------------------------------------------------------
                                                Sorbent Injection
----------------------------------------------------------------------------------------------------------------
Install a CPMS for flow rate.......  ...........................  Sorbent injection rate
Install a CPMS for flow rate.......  ...........................  Sorbent injection
                                                                   carrier gas flow rate.
----------------------------------------------------------------------------------------------------------------
                                         Wet Electrostatic Precipitators
----------------------------------------------------------------------------------------------------------------
Install secondary voltage meter....  You control mercury or       Secondary voltage.....
                                      metal HAP (particulate
                                      matter) using an
                                      electrostatic precipitator.
----------------------------------------------------------------------------------------------------------------
\a\ To monitor an operating parameter that is not specified in this table (including process-specific techniques
  not specified in this table to determine gas flow rate through an absorber), you must request, on a site-
  specific basis, an alternative monitoring method under the provisions of 40 CFR 63.8(f).
\b\ For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is
  immediately upon startup. For existing sources, and new sources that commence construction or reconstruction
  after December 27, 1996, and on or before August 19, 2015, if your absorber is designed and operated with
  pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018. In the
  interim, for existing sources, and new sources that commence construction or reconstruction after December 27,
  1996, and on or before August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches
  of water column or less, you must comply with one of the following: (i) The monitoring requirements in this
  Table 3 for absorbers designed and operated with pressure drops of 5 inches of water column or less; (ii) the
  applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with
  subpart AA; (iii) the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to
  Sec.   63.8(f); or (iv) install CPMS for pressure at the gas stream inlet and outlet of the absorber, and
  monitor pressure drop through the absorber.
\c\ If you select this option, then you must comply with Sec.   63.608(e). The option to use blower design
  capacity is intended to establish the maximum possible gas flow through the absorber; and is available
  regardless of the location of the blower (influent or effluent), as long as the gas flow rate through the
  absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum
  liquid flow rate to the absorber (determined during a performance test) by the maximum possible gas flow rate
  through the absorber (determined using blower design capacity).
\d\ If you select this option, then you must comply with Sec.   63.608(f). The regression model must be
  developed using direct measurements of gas flow rate, and design fan curves that correlate gas flow rate to
  static pressure (i.e., fan suction pressure) and brake horsepower of the blower. You must conduct an annual
  regression model verification using direct measurements of gas flow rate to ensure the correlation remains
  accurate. Direct measurements of gas flow rate used to develop or verify regression models may be collected
  during, or separately from, the annual performance testing that is required in Sec.   63.606(b).


[80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017]

[[Page 29]]



 Sec. Table 4 to Subpart AA of Part 63--Operating Parameters, Operating 
  Limits and Data Monitoring, Recordkeeping and Compliance Frequencies

----------------------------------------------------------------------------------------------------------------
                                                       And you must monitor, record, and demonstrate continuous
                                  You must establish       compliance using these minimum frequencies . . .
   For the operating parameter       the following   -----------------------------------------------------------
 applicable to you, as specified   operating limit .                                            Data averaging
        in Table 3 . . .                  . .          Data measurement     Data recording        period for
                                                                                                  compliance
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Influent liquid flow............  Minimum inlet       Continuous........  Every 15 minutes..  Daily.
                                   liquid flow.
Influent liquid flow rate and     Minimum influent    Continuous........  Every 15 minutes..  Daily.
 gas stream flow rate.             liquid-to-gas
                                   ratio \a\.
Pressure drop...................  Pressure drop       Continuous........  Every 15 minutes..  Daily.
                                   range.
----------------------------------------------------------------------------------------------------------------
                                                Sorbent Injection
----------------------------------------------------------------------------------------------------------------
Sorbent injection rate..........  Minimum injection   Continuous........  Every 15 minutes..  Daily.
                                   rate.
Sorbent injection carrier gas     Minimum carrier     Continuous........  Every 15 minutes..  Daily.
 flow rate.                        gas flow rate.
----------------------------------------------------------------------------------------------------------------
                                                 Fabric Filters
----------------------------------------------------------------------------------------------------------------
Alarm time......................  Maximum alarm time  Continuous........  Each date and time  Maximum alarm time
                                   is not                                  of alarm start      specified in Sec.
                                   established on a                        and stop.             63.605(f)(9).
                                   site-specific
                                   basis but is
                                   specified in Sec.
                                     63.605(f)(9).
----------------------------------------------------------------------------------------------------------------
                                         Wet Electrostatic Precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage...............  Secondary voltage   Continuous........  Every 15 minutes..  Daily.
                                   range.
----------------------------------------------------------------------------------------------------------------



 Sec. Table 5 to Subpart AA of Part 63--Calibration and Quality Control 
     Requirements for Continuous Parameter Monitoring System (CPMS)

----------------------------------------------------------------------------------------------------------------
                                                        Your accuracy requirements       And your calibration
         If you monitor this parameter . . .                     are . . .              requirements are . . .
----------------------------------------------------------------------------------------------------------------
Temperature..........................................  1       Performance evaluation
                                                        percent over the normal       annually and following any
                                                        range of temperature          period of more than 24
                                                        measured or 2.8 degrees       hours throughout which the
                                                        Celsius (5 degrees            temperature exceeded the
                                                        Fahrenheit), whichever is     maximum rated temperature
                                                        greater, for non-cryogenic    of the sensor, or the data
                                                        temperature ranges.           recorder was off scale.
                                                       2.5     Visual inspections and
                                                        percent over the normal       checks of CPMS operation
                                                        range of temperature          every 3 months, unless the
                                                        measured or 2.8 degrees       CPMS has a redundant
                                                        Celsius (5 degrees            temperature sensor.
                                                        Fahrenheit), whichever is    Selection of a
                                                        greater, for cryogenic        representative measurement
                                                        temperature ranges.           location.
Flow Rate............................................  5       Performance evaluation
                                                        percent over the normal       annually and following any
                                                        range of flow measured or     period of more than 24
                                                        1.9 liters per minute (0.5    hours throughout which the
                                                        gallons per minute),          flow rate exceeded the
                                                        whichever is greater, for     maximum rated flow rate of
                                                        liquid flow rate.             the sensor, or the data
                                                       5        recorder was off scale.
                                                        percent over the normal      Checks of all mechanical
                                                        range of flow measured or     connections for leakage
                                                        280 liters per minute (10     monthly.
                                                        cubic feet per minute),      Visual inspections and
                                                        whichever is greater, for     checks of CPMS operation
                                                        gas flow rate.                every 3 months, unless the
                                                       5        CPMS has a redundant flow
                                                        percent over the normal       sensor.
                                                        range measured for mass      Selection of a
                                                        flow rate.                    representative measurement
                                                                                      location where swirling
                                                                                      flow or abnormal velocity
                                                                                      distributions due to
                                                                                      upstream and downstream
                                                                                      disturbances at the point
                                                                                      of measurement are
                                                                                      minimized.

[[Page 30]]

 
Pressure.............................................  5       Checks for obstructions
                                                        percent over the normal       (e.g., pressure tap
                                                        range measured or 0.12        pluggage) at least once
                                                        kilopascals (0.5 inches of    each process operating
                                                        water column), whichever is   day.
                                                        greater.                     Performance evaluation
                                                                                      annually and following any
                                                                                      period of more than 24
                                                                                      hours throughout which the
                                                                                      pressure exceeded the
                                                                                      maximum rated pressure of
                                                                                      the sensor, or the data
                                                                                      recorder was off scale.
                                                                                     Checks of all mechanical
                                                                                      connections for leakage
                                                                                      monthly. Visual inspection
                                                                                      of all components for
                                                                                      integrity, oxidation and
                                                                                      galvanic corrosion every 3
                                                                                      months, unless the CPMS
                                                                                      has a redundant pressure
                                                                                      sensor.
                                                                                     Selection of a
                                                                                      representative measurement
                                                                                      location that minimizes or
                                                                                      eliminates pulsating
                                                                                      pressure, vibration, and
                                                                                      internal and external
                                                                                      corrosion.
Sorbent Injection Rate...............................  5       Performance evaluation
                                                        percent over the normal       annually.
                                                        range measured.              Visual inspections and
                                                                                      checks of CPMS operation
                                                                                      every 3 months, unless the
                                                                                      CPMS has a redundant
                                                                                      sensor.
                                                                                     Select a representative
                                                                                      measurement location that
                                                                                      provides measurement of
                                                                                      total sorbent injection.
Secondary voltage....................................  1kV...  ...........................
----------------------------------------------------------------------------------------------------------------
\a\ If you select the regression model option to monitor influent liquid-to-gas ratio as described in Table 3 to
  this subpart, then you must also continuously monitor (i.e., record every 15 minutes, and use a daily
  averaging period) blower amperage, blower static pressure (i.e., fan suction pressure), and any other
  parameters used in the regression model that are not constants.


[80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017]



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

----------------------------------------------------------------------------------------------------------------
          40 CFR citation                  Requirement           Applies to subpart AA            Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1) through (4)......  General Applicability..  Yes.......................  None.
Sec.   63.1(a)(5)..................  .......................  No........................  [Reserved].
Sec.   63.1(a)(6)..................  Contact information....  Yes.......................  None.
Sec.   63.1(a)(7)-(9)..............  .......................  No........................  [Reserved].
Sec.   63.1(a)(10) through (12)....  Time periods...........  Yes.......................  None.
Sec.   63.1(b).....................  Initial Applicability    Yes.......................  None.
                                      Determination.
Sec.   63.1(c)(1)..................  Applicability After      Yes.......................  None.
                                      Standard Established.
Sec.   63.1(c)(2)..................  Permits................  Yes.......................  Some plants may be
                                                                                           area sources.
Sec.   63.1(c)(3)-(4)..............  .......................  No........................  [Reserved].
Sec.   63.1(c)(5)..................  Area to Major source     Yes.......................  None.
                                      change.
Sec.   63.1(c)(6)..................  .......................  Yes.......................  None.
Sec.   63.1(d).....................  .......................  No........................  [Reserved].
Sec.   63.1(e).....................  Applicability of Permit  Yes.......................  None.
                                      Program.
Sec.   63.2........................  Definitions............  Yes.......................  Additional definitions
                                                                                           in Sec.   63.601.
Sec.   63.3........................  Units and Abbreviations  Yes.......................  None.
Sec.   63.4(a)(1) and (2)..........  Prohibited Activities..  Yes.......................  None.
Sec.   63.4(a)(3) through (5)......  .......................  No........................  [Reserved].
Sec.   63.4(b) and (c).............  Circumvention/           Yes.......................  None.
                                      Fragmentation.
Sec.   63.5(a).....................  Construction/            Yes.......................  None.
                                      Reconstruction
                                      Applicability.
Sec.   63.5(b)(1)..................  Existing, New,           Yes.......................  None.
                                      Reconstructed Sources
                                      Requirements.
Sec.   63.5(b)(2)..................  .......................  No........................  [Reserved].
Sec.   63.5(b)(3), (4), and (6)....  Construction/            Yes.......................  None.
                                      Reconstruction
                                      approval and
                                      notification.
Sec.   63.5(b)(5)..................  .......................  No........................  [Reserved].
Sec.   63.5(c).....................  .......................  No........................  [Reserved].

[[Page 31]]

 
Sec.   63.5(d).....................  Application for          Yes.......................  None.
                                      Approval of
                                      Construction/
                                      Reconstruction.
Sec.   63.5(e).....................  Approval of              Yes.......................  None.
                                      Construction/
                                      Reconstruction.
Sec.   63.5(f).....................  Approval of              Yes.......................  None.
                                      Construction/
                                      Reconstruction Based
                                      on State Review.
Sec.   63.6(a).....................  Compliance with          Yes.......................  None.
                                      Standards and
                                      Maintenance
                                      Applicability.
Sec.   63.6(b)(1) through (5)......  New and Reconstructed    Yes.......................  See also Sec.
                                      Sources Dates.                                       63.602.
Sec.   63.6(b)(6)..................  .......................  No........................  [Reserved].
Sec.   63.6(b)(7)..................  Area to major source     Yes.......................  None.
                                      change.
Sec.   63.6(c)(1)and (2)...........  Existing Sources Dates.  Yes.......................  Sec.   63.602
                                                                                           specifies dates.
Sec.   63.6(c)(3) and (4)..........  .......................  No........................  [Reserved].
Sec.   63.6(c)(5)..................  Area to major source     Yes.......................  None.
                                      change.
Sec.   63.6(d).....................  .......................  No........................  [Reserved].
Sec.   63.6(e)(1)(i) and (ii)......  Operation & Maintenance  No........................  See Sec.   63.608(b)
                                      Requirements.                                        for general duty
                                                                                           requirement.
Sec.   63.6(e)(iii)................  .......................  Yes.......................  None.
Sec.   63.6(e)(2)..................  .......................  No........................  [Reserved].
Sec.   63.6(e)(3)..................  Startup, Shutdown, and   No........................  None.
                                      Malfunction Plan.
Sec.   63.6(f).....................  Compliance with          No........................  See general duty at
                                      Emission Standards.                                  Sec.   63.608(b).
Sec.   63.6(g).....................  Alternative Standard...  Yes.......................  None.
Sec.   63.6(h).....................  Compliance with Opacity/ No........................  Subpart AA does not
                                      VE Standards.                                        include VE/opacity
                                                                                           standards.
Sec.   63.6(i)(1) through (14).....  Extension of Compliance  Yes.......................  None.
Sec.   63.6(i)(15).................  .......................  No........................  [Reserved].
Sec.   63.6(i)(16).................  .......................  Yes.......................  None.
Sec.   63.6(j).....................  Exemption from           Yes.......................  None.
                                      Compliance.
Sec.   63.7(a).....................  Performance Test         Yes.......................  None.
                                      Requirements
                                      Applicability.
Sec.   63.7(b).....................  Notification...........  Yes.......................  None.
Sec.   63.7(c).....................  Quality Assurance/Test   Yes.......................  None.
                                      Plan.
Sec.   63.7(d).....................  Testing Facilities.....  Yes.......................  None.
Sec.   63.7(e)(1)..................  Conduct of Tests;        No........................  Sec.   63.606
                                      startup, shutdown, and                               specifies additional
                                      malfunction provisions.                              requirements.
Sec.   63.7(e)(2) through (4)......  Conduct of Tests.......  Yes.......................  Sec.   63.606
                                                                                           specifies additional
                                                                                           requirements.
Sec.   63.7(f).....................  Alternative Test Method  Yes.......................  None.
Sec.   63.7(g).....................  Data Analysis..........  Yes.......................  None.
Sec.   63.7(h).....................  Waiver of Tests........  Yes.......................  None.
Sec.   63.8(a).....................  Monitoring Requirements  Yes.......................  None.
                                      Applicability.
Sec.   63.8(b).....................  Conduct of Monitoring..  Yes.......................  None.
Sec.   63.8(c)(1)(i)...............  General duty to          No........................  See 63.608(b) for
                                      minimize emissions and                               general duty
                                      CMS operation.                                       requirement.
Sec.   63.8(c)(1)(ii)..............  .......................  Yes.......................  None.
Sec.   63.8(c)(1)(iii).............  Requirement to develop   No........................  None.
                                      SSM Plan for CMS.
Sec.   63.8(c)(2) through (4)......  CMS Operation/           Yes.......................  None.
                                      Maintenance.
Sec.   63.8(c)(5)..................  COMS Operation.........  No........................  Subpart AA does not
                                                                                           require COMS.
Sec.   63.8(c)(6) through (8)......  CMS requirements.......  Yes.......................  None.
Sec.   63.8(d)(1) and (2)..........  Quality Control........  Yes.......................  None.
Sec.   63.8(d)(3)..................  Written procedure for    No........................  See Sec.   63.608 for
                                      CMS.                                                 requirement.
Sec.   63.8(e).....................  CMS Performance          Yes.......................  None.
                                      Evaluation.
Sec.   63.8(f)(1) through (5)......  Alternative Monitoring   Yes.......................  None.
                                      Method.
Sec.   63.8(f)(6)..................  Alternative to RATA      Yes.......................  None.
                                      Test.
Sec.   63.8(g)(1)..................  Data Reduction.........  Yes.......................  None.
Sec.   63.8(g)(2)..................  .......................  Yes.......................  None.
Sec.   63.8(g)(3) through (5)......  .......................  Yes.......................  None.
Sec.   63.9(a).....................  Notification             Yes.......................  None.
                                      Requirements
                                      Applicability.
Sec.   63.9(b).....................  Initial Notifications..  Yes.......................  None.
Sec.   63.9(c).....................  Request for Compliance   Yes.......................  None.
                                      Extension.
Sec.   63.9(d).....................  New Source Notification  Yes.......................  None.
                                      for Special Compliance
                                      Requirements.
Sec.   63.9(e).....................  Notification of          Yes.......................  None.
                                      Performance Test.
Sec.   63.9(f).....................  Notification of VE/      No........................  Subpart AA does not
                                      Opacity Test.                                        include VE/opacity
                                                                                           standards.

[[Page 32]]

 
Sec.   63.9(g).....................  Additional CMS           Yes.......................  Subpart AA does not
                                      Notifications.                                       require CMS
                                                                                           performance
                                                                                           evaluation, COMS, or
                                                                                           CEMS.
Sec.   63.9(h)(1) through (3)......  Notification of          Yes.......................  None.
                                      Compliance Status.
Sec.   63.9(h)(4)..................  .......................  No........................  [Reserved].
Sec.   63.9(h)(5) and (6)..........  .......................  Yes.......................  None.
Sec.   63.9(i).....................  Adjustment of Deadlines  Yes.......................  None.
Sec.   63.9(j).....................  Change in Previous       Yes.......................  None.
                                      Information.
Sec.   63.9(k).....................  .......................  Yes.......................  Only as specified in
                                                                                           Sec.   63.9(j).
Sec.   63.10(a)....................  Recordkeeping/Reporting- Yes.......................  None.
                                      Applicability.
Sec.   63.10(b)(1).................  General Recordkeeping    Yes.......................  None.
                                      Requirements.
Sec.   63.10(b)(2)(i)..............  Startup or shutdown      No........................  None.
                                      duration.
Sec.   63.10(b)(2)(ii).............  Malfunction............  No........................  See Sec.   63.607 for
                                                                                           recordkeeping and
                                                                                           reporting
                                                                                           requirement.
Sec.   63.10(b)(2)(iii)............  Maintenance records....  Yes.......................  None.
Sec.   63.10(b)(2)(iv) and (v).....  Startup, shutdown,       No........................  None.
                                      malfunction actions.
Sec.   63.10(b)(2)(vi) through       General Recordkeeping    Yes.......................  None.
 (xiv).                               Requirements.
Sec.   63.10(b)(3).................  General Recordkeeping    Yes.......................  None.
                                      Requirements.
Sec.   63.10(c)(1).................  Additional CMS           Yes.......................  None.
                                      Recordkeeping.
Sec.   63.10(c)(2) through (4).....  .......................  No........................  [Reserved].
Sec.   63.10(c)(5).................  .......................  Yes.......................  None.
Sec.   63.10(c)(6).................  .......................  Yes.......................  None.
Sec.   63.10(c)(7) and (8).........  .......................  Yes.......................  None.
Sec.   63.10(c)(9).................  .......................  No........................  [Reserved].
Sec.   63.10(c)(10) through (13)...  .......................  Yes.......................  None.
Sec.   63.10(c)(14)................  .......................  Yes.......................  None.
Sec.   63.10(c)(15)................  Startup Shutdown         No........................  None.
                                      Malfunction Plan
                                      Provisions.
Sec.   63.10(d)(1).................  General Reporting        Yes.......................  None.
                                      Requirements.
Sec.   63.10(d)(2).................  Performance Test         Yes.......................  None.
                                      Results.
Sec.   63.10(d)(3).................  Opacity or VE            No........................  Subpart AA does not
                                      Observations.                                        include VE/opacity
                                                                                           standards.
Sec.   63.10(d)(4).................  Progress Reports.......  Yes.......................  None.
Sec.   63.10(d)(5).................  Startup, Shutdown, and   No........................  See Sec.   63.607 for
                                      Malfunction Reports.                                 reporting of excess
                                                                                           emissions.
Sec.   63.10(e)(1) and (2).........  Additional CMS Reports.  Yes.......................  None.
Sec.   63.10(e)(3).................  Excess Emissions/CMS     Yes.......................  None.
                                      Performance Reports.
Sec.   63.10(e)(4).................  COMS Data Reports......  No........................  Subpart AA does not
                                                                                           require COMS.
Sec.   63.10(f)....................  Recordkeeping/Reporting  Yes.......................  None.
                                      Waiver.
Sec.   63.11.......................  Control Device and Work  Yes.......................  None.
                                      Practice Requirements.
Sec.   63.12.......................  State Authority and      Yes.......................  None.
                                      Delegations.
Sec.   63.13.......................  Addresses..............  Yes.......................  None.
Sec.   63.14.......................  Incorporation by         Yes.......................  None.
                                      Reference.
Sec.   63.15.......................  Information              Yes.......................  None.
                                      Availability/
                                      Confidentiality.
Sec.   63.16.......................  Performance Track        No........................  Terminated.
                                      Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 50436, Aug. 19, 2015, as amended at 85 FR 73892, Nov. 19, 2020]



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

    Source: 80 FR 50450, Aug. 19, 2015, unless otherwise noted.



Sec.  63.620  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
you are subject to the requirements of this subpart if you own or 
operate a phosphate fertilizer production plant that is a major source 
as defined in Sec.  63.2. You must comply with the emission limitations, 
work practice standards, and operating

[[Page 33]]

parameter requirements specified in this subpart at all times.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAP) emitted from the following affected sources at a 
phosphate fertilizer production plant:
    (1) Each phosphate fertilizer process line (e.g., diammonium and/or 
monoammonium phosphate process line).
    (2) Each granular triple superphosphate process line.
    (3) Each granular triple superphosphate storage building.
    (4) Evaporative cooling tower.
    (c) The requirements of this subpart do not apply to a phosphate 
fertilizer production plant that is an area source as defined in Sec.  
63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec.  63.621.



Sec.  63.621  Definitions.

    Terms used in this subpart are defined in Sec.  63.2 of the Clean 
Air Act and in this section as follows:
    Diammonium and/or monoammonium phosphate process line means any 
process line manufacturing granular diammonium and/or monoammonium 
phosphate by reacting ammonia with phosphoric acid that has been derived 
from or manufactured by reacting phosphate rock and acid. A diammonium 
and/or monoammonium phosphate process line includes: Reactors, 
granulators, dryers, coolers, screens, and mills.
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide 
(P2O5), fed to the process.
    Equivalent P2O5 stored means the quantity of 
phosphorus, expressed as phosphorus pentoxide, being cured or stored in 
the affected facility.
    Evaporative cooling tower means an open-water, re-circulating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Existing source depends on the date that construction or 
reconstruction of an affected source commenced. A phosphate fertilizer 
process line (e.g., diammonium and/or monoammonium phosphate process 
line), granular triple superphosphate process line, or granular triple 
superphosphate storage is an existing source if construction or 
reconstruction of the affected source commenced on or before December 
27, 1996.
    Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.
    Granular triple superphosphate process line means any process line, 
not including storage buildings, that manufactures granular triple 
superphosphate by reacting phosphate rock with phosphoric acid. A 
granular triple superphosphate process line includes: mixers, curing 
belts (dens), reactors, granulators, dryers, coolers, screens, and 
mills.
    Granular triple superphosphate storage building means any building 
curing or storing fresh granular triple superphosphate. A granular 
triple superphosphate storage building includes: storage or curing 
buildings, conveyors, elevators, screens, and mills.
    New source depends on the date that construction or reconstruction 
of an affected source commences. A phosphate fertilizer process line 
(e.g., diammonium and/or monoammonium phosphate process line), granular 
triple superphosphate process line, or granular triple superphosphate 
storage is a new source if construction or reconstruction of the 
affected source commenced after December 27, 1996.
    Phosphate fertilizer process line means any process line that 
manufactures a granular phosphate fertilizer by reacting phosphoric acid 
with ammonia. A phosphate fertilizer process line includes: reactors, 
granulators, dryers, coolers, screens, and mills.
    Phosphate fertilizer production plant means any production plant 
that manufactures a granular phosphate fertilizer by reacting phosphoric 
acid with ammonia.

[[Page 34]]

    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Shutdown commences when feed materials cease to be added to an 
affected source and ends when the affected source is deactivated, 
regardless of whether feed material is present in the affected source.
    Startup commences when any feed material is first introduced into an 
affected source and ends when feed material is fully loaded into the 
affected source.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A, Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec.  63.7(f).



Sec.  63.622  Standards and compliance dates.

    (a) On and after the dates specified in paragraphs (a)(1) through 
(3) of this section, for each phosphate fertilizer process line (e.g., 
diammonium and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building, you must comply with the emission limits as specified in 
paragraphs (a)(1) through (3) of this section. If a process line 
contains more than one emission point, you must sum the emissions from 
all emission points in a process line to determine compliance with the 
specified emission limits.
    (1) For each existing phosphate fertilizer process line (e.g., 
diammonium and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commenced construction or reconstruction on or before 
December 27, 1996, you must comply with the emission limits specified in 
Table 1 to this subpart beginning on June 10, 2002.
    (2) For each new phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commences construction or reconstruction after December 
27, 1996 and on or before August 19, 2015, you must comply with the 
emission limits specified in Table 2 to this subpart beginning on June 
10, 1999 or at startup, whichever is later.
    (3) For each new phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commences construction or reconstruction after August 19, 
2015, you must comply with the emission limits specified in Table 2 to 
this subpart immediately upon startup.
    (b) Beginning on June 10, 2002, you must not ship fresh granular 
triple superphosphate from your existing granular triple superphosphate 
storage building that commenced construction or reconstruction on or 
before December 27, 1996. Beginning on June 10, 1999 or at startup, 
whichever is later, you must not ship fresh granular triple 
superphosphate from your new granular triple superphosphate storage 
building that commences construction or reconstruction after December 
27, 1996.
    (c) Beginning on August 19, 2015, you must not introduce into any 
evaporative cooling tower any liquid effluent from any absorber 
installed to control emissions from process equipment.
    (d) Beginning on August 19, 2015, during periods of startup and 
shutdown (as defined in Sec.  63.621), you must comply with the work 
practice specified in this paragraph in lieu of the emission limits 
specified in paragraph (a) of this section. During periods of startup 
and shutdown, you must operate any control device(s) being used at the 
affected source, monitor the operating parameters specified in Table 3 
of this subpart, and comply with the operating limits specified in Table 
4 of this subpart.

[[Page 35]]



Sec.  63.624  [Reserved]



Sec.  63.625  Operating and monitoring requirements.

    (a) For each phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), or granular triple 
superphosphate process line subject to the provisions of this subpart, 
you must comply with the monitoring requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system (CMS) according to your site-specific monitoring plan 
specified in Sec.  63.628(c). The CMS must have an accuracy of 5 percent over its operating range and must determine 
and permanently record the mass flow of phosphorus-bearing material fed 
to the process.
    (2) Maintain a daily record of equivalent P2O5 
feed. Calculate the equivalent P2O5 feed by 
determining the total mass rate in metric ton/hour of phosphorus bearing 
feed using the procedures specified in Sec.  63.626(f)(3).
    (b) For each granular triple superphosphate storage building subject 
to the provisions of this subpart, you must maintain an accurate record 
of the mass of granular triple superphosphate in storage to permit the 
determination of the amount of equivalent P2O5 
stored.
    (c) For each granular triple superphosphate storage building subject 
to the provisions of this subpart, you must comply with the requirements 
specified in paragraphs (c)(1) and (2) of this section.
    (1) Maintain a daily record of total equivalent 
P2O5 stored by multiplying the percentage 
P2O5 content, as determined by Sec.  
63.626(f)(3)(ii), by the total mass of granular triple superphosphate 
stored as specified in paragraph (b) of this section.
    (2) Develop for approval by the Administrator a site-specific 
methodology including sufficient recordkeeping for the purposes of 
demonstrating compliance with Sec.  63.622(b).
    (d) If you use a control device(s) to comply with the emission 
limits specified in Table 1 or 2 of this subpart, you must install a 
continuous parameter monitoring system (CPMS) and comply with the 
requirements specified in paragraphs (d)(1) through (4) of this section.
    (1) You must monitor the operating parameter(s) applicable to the 
control device that you use as specified in Table 3 to this subpart and 
establish the applicable limit or range for the operating parameter 
limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as 
applicable.
    (i) Except as specified in paragraph (d)(1)(ii) of this section, 
determine the value(s) as the arithmetic average of operating parameter 
measurements recorded during the three test runs conducted for the most 
recent performance test.
    (ii) If you use an absorber to comply with the emission limits in 
Table 1 or 2 to this subpart and you monitor pressure drop across the 
absorber, you must establish allowable ranges using the methodology 
specified in paragraphs (d)(1)(ii)(A) and (B) of this section.
    (A) The allowable range for the daily averages of the pressure drop 
across an absorber and of the flow rate of the absorber liquid to each 
absorber in the process absorbing system, or secondary voltage for a wet 
electrostatic precipitator, is 20 percent of the 
baseline average value determined in paragraph (d)(1)(i) of this 
section. The Administrator retains the right to reduce the 20 percent adjustment to the baseline average values of 
operating ranges in those instances where performance test results 
indicate that a source's level of emissions is near the value of an 
applicable emissions standard. However, the adjustment must not be 
reduced to less than 10 percent under any 
instance.
    (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, 
you may establish allowable ranges for the daily averages of the 
pressure drop across an absorber for the purpose of assuring compliance 
with this subpart using the procedures described in this paragraph. You 
must establish the allowable ranges based on the baseline average values 
recorded during previous performance tests or the results of performance 
tests conducted specifically for the purposes of this paragraph. You 
must conduct all performance tests using the methods specified in Sec.  
63.626.

[[Page 36]]

You must certify that the control devices and processes have not been 
modified since the date of the performance test from which you obtained 
the data used to establish the allowable ranges. When a source using the 
methodology of this paragraph is retested, you must determine new 
allowable ranges of baseline average values unless the retest indicates 
no change in the operating parameters outside the previously established 
ranges.
    (2) You must monitor, record, and demonstrate continuous compliance 
using the minimum frequencies specified in Table 4 to this subpart.
    (3) You must comply with the calibration and quality control 
requirements that are applicable to the operating parameter(s) you 
monitor as specified in Table 5 to this subpart.
    (4) If you use a fabric filter system to comply with the emission 
limits specified in Table 1 or 2 to this subpart, the system must meet 
the requirements for fabric filters specified in paragraph (e) of this 
section.
    (e) Beginning August 19, 2016, if you use a fabric filter system to 
comply with the emission limits specified in Table 1 or 2 to this 
subpart, then the fabric filter must be equipped with a bag leak 
detection system that is installed, calibrated, maintained and 
continuously operated according to the requirements in paragraphs (e)(1) 
through (10) of this section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive-pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
feet) or less.
    (3) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the system sensor.
    (4) Use a bag leak detection system equipped with a system that will 
trigger an alarm when an increase in relative particulate material 
emissions over a preset level is detected. The alarm must be located 
such that the alert is observed readily by plant operating personnel.
    (5) Install a bag leak detection system in each compartment or cell 
for positive-pressure fabric filter systems that do not duct all 
compartments or cells to a common stack. Install a bag leak detector 
downstream of the fabric filter if a negative-pressure or induced-air 
filter is used. If multiple bag leak detectors are required, the 
system's instrumentation and alarm may be shared among detectors.
    (6) Calibration of the bag leak detection system must, at a minimum, 
consist of establishing the baseline output level by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (7) After initial adjustment, you must not adjust the sensitivity or 
range, averaging period, alarm set points or alarm delay time, except as 
established in your site-specific monitoring plan required in Sec.  
63.628(c). In no event may the sensitivity be increased more than 100 
percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete inspection of the fabric 
filter system that demonstrates that the system is in good operating 
condition.
    (8) Operate and maintain each fabric filter and bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. If the alarm sounds more than 5 
percent of the operating time during a 6-month period, it is considered 
an operating parameter exceedance. Calculate the alarm time (i.e., time 
that the alarm sounds) as specified in paragraphs (e)(8)(i) through 
(iii) of this section.
    (i) If inspection of the fabric filter demonstrates that corrective 
action is not required, the alarm duration is not counted in the alarm 
time calculation.
    (ii) If corrective action is required, each alarm time is counted as 
a minimum of 1 hour.
    (iii) If it takes longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.

[[Page 37]]

    (9) If the alarm on a bag leak detection system is triggered, you 
must initiate procedures within 1 hour of an alarm to identify the cause 
of the alarm and then initiate corrective action, as specified in Sec.  
63.628(d)(2), no later than 48 hours after an alarm. Failure to take 
these actions within the prescribed time periods is considered a 
violation.
    (10) Retain records of any bag leak detection system alarm, 
including the date, time, duration, and the percent of the total 
operating time during each 6-month period that the alarm triggers, with 
a brief explanation of the cause of the alarm, the corrective action 
taken, and the schedule and duration of the corrective action.

[80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017]



Sec.  63.626  Performance tests and compliance provisions.

    (a) You must conduct an initial performance test to demonstrate 
compliance with the emission limits specified in Tables 1 and 2 to this 
subpart, within 180 days of the applicable compliance date specified in 
Sec.  63.622.
    (b) After you conduct the initial performance test specified in 
paragraph (a) of this section, you must conduct a performance test once 
per calendar year.
    (c) For affected sources (as defined in Sec.  63.620) that have not 
operated since the previous annual performance test was conducted and 
more than 1 year has passed since the previous performance test, you 
must conduct a performance test no later than 180 days after the re-
start of the affected source according to the applicable provisions in 
Sec.  63.7(a)(2).
    (d)(1) You must conduct the performance tests specified in this 
section at representative (normal) conditions for the process. 
Representative (normal) conditions means those conditions that:
    (i) Represent the range of combined process and control measure 
conditions under which the facility expects to operate (regardless of 
the frequency of the conditions); and
    (ii) Are likely to most challenge the emissions control measures of 
the facility with regard to meeting the applicable emission standards, 
but without creating an unsafe condition.
    (2) Operations during startup, shutdown, and malfunction do not 
constitute representative (normal) operating conditions for purposes of 
conducting a performance test. You must record the process information 
that is necessary to document the operating conditions during the test 
and include in such record an explanation to support that such 
conditions represent representative (normal) conditions. Upon request, 
you must make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
    (e) In conducting all performance tests, you must use as reference 
methods and procedures the test methods in 40 CFR part 60, appendix A, 
or other methods and procedures as specified in this section, except as 
provided in Sec.  63.7(f).
    (f) For each phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), and granular triple 
superphosphate process line, you must determine compliance with the 
applicable total fluorides standards specified in Tables 1 and 2 to this 
subpart as specified in paragraphs (f)(1) through (3) of this section.
    (1) Compute the emission rate (E) of total fluorides for each run 
using Equation BB-1:
[GRAPHIC] [TIFF OMITTED] TR19AU15.003


[[Page 38]]


Where:

E = Emission rate of total fluorides, gram/metric ton (pound/ton) of 
          equivalent P2O5 feed.
Ci = Concentration of total fluorides from emission point ``i,'' 
          milligram/dry standard cubic meter (milligram/dry standard 
          cubic feet).
Qi = Volumetric flow rate of effluent gas from emission point ``i,'' dry 
          standard cubic meter/hour (dry standard cubic feet/hour).
N = Number of emission points associated with the affected facility.
P = Equivalent P2O5 feed rate, metric ton/hour 
          (ton/hour).
K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13 A, may be omitted.
    (3) Compute the equivalent P2O5 feed rate (P) 
using Equation BB-2:
[GRAPHIC] [TIFF OMITTED] TR19AU15.004

Where:

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

    (i) Determine the mass flow rate (Mp) of the phosphorus-
bearing feed using the measurement system described in Sec.  63.625(a).
    (ii) Determine the P2O5 content 
(Rp) of the feed using, as appropriate, the following methods 
specified in the Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists (incorporated by reference, see Sec.  63.14) 
where applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric Method.
    (E) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method.
    (g) For each granular triple superphosphate storage building, you 
must determine compliance with the applicable total fluorides standards 
specified in Tables 1 and 2 to this subpart as specified in paragraphs 
(g)(1) through (7) of this section.
    (1) You must conduct performance tests only when the following 
quantities of product are being cured or stored in the facility:
    (i) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (ii) Fresh granular triple superphosphate is at least six percent of 
the total amount of granular triple superphosphate, or

[[Page 39]]

    (iii) If the provision in paragraph (g)(1)(ii) of this section 
exceeds production capabilities for fresh granular triple 
superphosphate, the fresh granular triple superphosphate is equal to at 
least 5 days maximum production.
    (2) Compute the emission rate (E) of total fluorides for each run 
using Equation BB-3:
[GRAPHIC] [TIFF OMITTED] TR19AU15.005

Where:

E = Emission rate of total fluorides, gram/hour/metric ton (pound/hour/
          ton) of equivalent P2O5 stored.
Ci = Concentration of total fluorides from emission point 
          ``i'', milligram/dry standard cubic meter (milligram/dry 
          standard cubic feet).
Qi = Volumetric flow rate of effluent gas from emission point 
          ``i'', dry standard cubic meter/hour (dry standard cubic feet/
          hour).
N = Number of emission points in the affected facility.
P = Equivalent P2O5 stored, metric tons (tons).
K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (3) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13A, may be omitted.
    (4) Compute the equivalent P2O5 stored (P) 
using Equation BB-4:
[GRAPHIC] [TIFF OMITTED] TR19AU15.006

Where:

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

    (5) Determine the amount of product (Mp) in storage using 
the measurement system described in Sec.  63.625(b) and (c).
    (6) Determine the P2O5 content (Rp) 
of the product stored using, as appropriate, the following methods 
specified in the Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists (incorporated by reference, see Sec.  63.14) 
where applicable:
    (i) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (ii) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (iii) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, or,
    (7) Determine the P2O5 content (Rp) 
of the product stored using, as appropriate, the following methods 
specified in the Official Methods of Analysis of AOAC International 
(incorporated by reference, see Sec.  63.14) where applicable:
    (i) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, 
Preparation of Sample Solution.

[[Page 40]]

    (ii) AOAC Official Method 929.01 Sampling of Solid Fertilizers.
    (iii) AOAC Official Method 929.02 Preparation of Fertilizer Sample.
    (iv) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method.
    (v) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method.
    (vi) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method.
    (vii) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method.
    (h) If you use a CMS, you must conduct a performance evaluation, as 
specified in Sec.  63.8(e), in accordance with your site-specific 
monitoring plan in Sec.  63.628(c). For fabric filters, you must conduct 
a performance evaluation of the bag leak detection system consistent 
with the guidance provided in Office Of Air Quality Planning And 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance 
(incorporated by reference, see Sec.  63.14). You must record the 
sensitivity of the bag leak detection system to detecting changes in 
particulate matter emissions, range, averaging period, and alarm set 
points during the performance test.



Sec.  63.627  Notification, recordkeeping, and reporting requirements.

    (a) You must comply with the notification requirements specified in 
Sec.  63.9. During the most recent performance test, if you demonstrate 
compliance with the emission limit while operating your control device 
outside the previously established operating limit, you must establish a 
new operating limit based on that most recent performance test and 
notify the Administrator that the operating limit changed based on data 
collected during the most recent performance test. When a source is 
retested and the performance test results are submitted to the 
Administrator pursuant to paragraph (b)(1) of this section, Sec.  
63.7(g)(1), or Sec.  63.10(d)(2), you must indicate whether the 
operating limit is based on the new performance test or the previously 
established limit. Upon establishment of a new operating limit, you must 
thereafter operate under the new operating limit. If the Administrator 
determines that you did not conduct the compliance test in accordance 
with the applicable requirements or that the operating limit established 
during the performance test does not correspond to representative 
(normal) conditions, you must conduct a new performance test and 
establish a new operating limit.
    (b) You must comply with the reporting and recordkeeping 
requirements in Sec.  63.10 as specified in paragraphs (b)(1) through 
(5) of this section.
    (1) You must comply with the general recordkeeping requirements in 
Sec.  63.10(b)(1); and
    (2) As required by Sec.  63.10(d), you must report the results of 
the initial and subsequent performance tests as part of the notification 
of compliance status required in Sec.  63.9(h). You must verify in the 
performance test reports that the operating limits for each process have 
not changed or provide documentation of revised operating limits 
established according to Sec.  63.625, as applicable. In the 
notification of compliance status, you must also:
    (i) Certify to the Administrator that you have not shipped fresh 
granular triple superphosphate from an affected facility.
    (ii) Certify to the Administrator annually that you have complied 
with the evaporative cooling tower requirements specified in Sec.  
63.622(c).
    (iii) Submit analyses and supporting documentation demonstrating 
conformance with the Office Of Air Quality Planning And Standards 
(OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by 
reference, see Sec.  63.14) and specifications for bag leak detection 
systems as part of the notification of compliance status report.
    (iv) If you elect to demonstrate compliance by following the 
procedures in Sec.  63.625(d)(1)(ii)(B), certify to the Administrator 
annually that the control devices and processes have not been modified 
since the date of the performance test from which you obtained the data 
used to establish the allowable ranges.

[[Page 41]]

    (3) As required by Sec.  63.10(e)(1), you must submit an excess 
emissions report for any exceedance of an emission or operating 
parameter limit if the total duration of the exceedances for the 
reporting period is 1 percent of the total operating time for the 
reporting period or greater. The report must contain the information 
specified in Sec.  63.10 and paragraph (b)(4) of this section. When 
exceedances of an emission limit or operating parameter have not 
occurred, you must include such information in the report. You must 
submit the report semiannually and the report must be delivered or 
postmarked by the 30th day following the end of the calendar half. If 
exceedances are reported, you must submit the excess emissions report 
quarterly until a request to reduce reporting frequency is approved as 
described in Sec.  63.10(e)(3).
    (4) In the event that an affected unit fails to meet an applicable 
standard, record and report the following information for each failure:
    (i) The date, time and duration of the failure.
    (ii) A list of the affected sources or equipment for which a failure 
occurred.
    (iii) An estimate of the volume of each regulated pollutant emitted 
over any emission limit.
    (iv) A description of the method used to estimate the emissions.
    (v) A record of actions taken to minimize emissions in accordance 
with Sec.  63.628(b), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (5) You must submit a summary report containing the information 
specified in Sec.  63.10(e)(3)(vi). You must submit the summary report 
semiannually and the report must be delivered or postmarked by the 30th 
day following the end of the calendar half.
    (c) Your records must be in a form suitable and readily available 
for expeditious review. You must keep each record for 5 years following 
the date of each recorded action. You must keep each record on site, or 
accessible from a central location by computer or other means that 
instantly provide access at the site, for at least 2 years after the 
date of each recorded action. You may keep the records off site for the 
remaining 3 years.
    (d) In computing averages to determine compliance with this subpart, 
you must exclude the monitoring data specified in paragraphs (d)(1) 
through (3) of this section.
    (1) Periods of non-operation of the process unit;
    (2) Periods of no flow to a control device; and
    (3) Any monitoring data recorded during continuous parameter 
monitoring system (CPMS) breakdowns, out-of-control periods, repairs, 
maintenance periods, instrument adjustments or checks to maintain 
precision and accuracy, calibration checks, and zero (low-level), mid-
level (if applicable), and high-level adjustments.
    (e) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(e)(1) or (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), you must 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 must be submitted in a file format 
generated through the use of the EPA's ERT. Alternatively, you 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. If you claim that some of the 
performance test information being submitted is confidential business 
information (CBI), you must 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 disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked

[[Page 42]]

as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same ERT or alternate file with the CBI omitted must 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, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.



Sec.  63.628  General requirements and applicability of general provisions 
of this part.

    (a) You must comply with the general provisions in subpart A of this 
part as specified in appendix A to this subpart.
    (b) 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. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by this standard have been achieved. 
Determination by the Administrator of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator that may include, but is not 
limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
    (c) For each CMS used to demonstrate compliance with any applicable 
emission limit, you must develop, and submit to the Administrator for 
approval upon request, a site-specific monitoring plan according to the 
requirements specified in paragraphs (c)(1) through (3) of this section. 
You must submit the site-specific monitoring plan, if requested by the 
Administrator, at least 60 days before the initial performance 
evaluation of the CMS. The requirements of this paragraph also apply if 
a petition is made to the Administrator for alternative monitoring 
parameters under Sec.  63.8(f).
    (1) You must include the information specified in paragraphs 
(c)(1)(i) through (vi) of this section in the site-specific monitoring 
plan.
    (i) Location of the CMS sampling probe or other interface. You must 
include a justification demonstrating that the sampling probe or other 
interface is 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.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), 
and Table 4 to this subpart.
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d)(1) and (2) and Table 5 to this 
subpart.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), (e)(2)(i).
    (2) You must include a schedule for conducting initial and 
subsequent performance evaluations in the site-specific monitoring plan.
    (3) You must keep the site-specific monitoring plan on site for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part, to be made available for 
inspection, upon request, by the Administrator. If you revise the site-
specific monitoring plan, you must keep previous (i.e., superseded) 
versions of the plan on site to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan. You must include the program of corrective action 
required under Sec.  63.8(d)(2) in the plan.

[[Page 43]]

    (d) For each bag leak detection system installed to comply with the 
requirements specified in Sec.  63.625(e), you must include the 
information specified in paragraphs (d)(1) and (2) of this section in 
the site-specific monitoring plan specified in paragraph (c) of this 
section.
    (1) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations), including how the alarm set-point will be established.
    (2) A corrective action plan describing corrective actions to be 
taken and the timing of those actions when the bag leak detection alarm 
sounds. Corrective actions may include, but are not limited to, the 
actions specified in paragraphs (d)(2)(i) through (vi) of this section.
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other conditions that may cause an increase in 
regulated material emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process controlled by the fabric filter.
    (e) If you use blower design capacity to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section calculations 
showing how you determined the maximum possible gas flow rate through 
the absorber based on the blower's specifications (including any 
adjustments you made for pressure drop).
    (f) If you use a regression model to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section the 
calculations that were used to develop the regression model, including 
the calculations you use to convert amperage of the blower to brake 
horsepower. You must describe any constants included in the equations 
(e.g., efficiency, power factor), and describe how these constants were 
determined. If you want to change a constant in your calculation, then 
you must conduct a regression model verification to confirm the new 
value of the constant. In addition, the site-specific monitoring plan 
must be updated annually to reflect the data used in the annual 
regression model verification that is described in Table 3 to this 
subpart.

[80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017]



Sec.  63.629  Miscellaneous requirements.

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



Sec.  63.630  [Reserved]



Sec.  63.631  Exemption from new source performance standards.

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



Sec.  63.632  Implementation and enforcement.

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

[[Page 44]]

delegated to a state, local, or Tribal agency.
    (b) The authorities specified in paragraphs (b)(1) through (5) of 
this section are retained by the Administrator of U.S. EPA and cannot be 
delegated to State, local, or Tribal agencies.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.620, 63.622, 63.625, 63.629, and 63.631.
    (2) Approval of requests under Sec. Sec.  63.7(e)(2)(ii) and 63.7 
(f) for alternative requirements or major changes to the test methods 
specified in this subpart, as defined in Sec.  63.90.
    (3) Approval of requests under Sec.  63.8(f) for alternative 
requirements or major changes to the monitoring requirements specified 
in this subpart, as defined in Sec.  63.90.
    (4) Waiver or approval of requests under Sec.  63.10(f) for 
alternative requirements or major changes to the recordkeeping and 
reporting requirements specified in this subpart, as defined in Sec.  
63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



 Sec. Table 1 to Subpart BB of Part 63--Existing Source Emission Limits 
                                 \a\ \b\

------------------------------------------------------------------------
                                             You must meet the emission
                                              limits for the specified
 For the following existing sources . . .          pollutant . . .
                                           -----------------------------
                                                   Total fluorides
------------------------------------------------------------------------
Phosphate Fertilizer Process Line (e.g.,    0.060 lb/ton of equivalent
 Diammonium and/or Monoammonium Phosphate    P2O5 feed.
 Process Line).
Granular Triple Superphosphate Process      0.150 lb/ton of equivalent
 Line.                                       P2O5 feed.
GTSP storage building.....................  5.0 x 10-4 lb/hr/ton of
                                             equivalent P2O5 stored.
------------------------------------------------------------------------
\a\ The existing source compliance date is June 10, 2002.
\b\ During periods of startup and shutdown, for emission limits stated
  in terms of pounds of pollutant per ton of feed, you are subject to
  the work practice standards specified in Sec.   63.622(d).



 Sec. Table 2 to Subpart BB of Part 63--New Source Emission Limits \a\ 
                                   \b\

------------------------------------------------------------------------
                                             You must meet the emission
                                              limits for the specified
    For the following new sources . . .            pollutant . . .
                                           -----------------------------
                                                   Total fluorides
------------------------------------------------------------------------
Phosphate Fertilizer Process Line (e.g.,    0.0580 lb/ton of equivalent
 Diammonium and/or Monoammonium Phosphate    P2O5 feed.
 Process Line).
Granular Triple Superphosphate Process      0.1230 lb/ton of equivalent
 Line.                                       P2O5 feed.
GTSP storage building.....................  5.0 x 10-4 lb/hr/ton of
                                             equivalent P2O5 stored.
------------------------------------------------------------------------
\a\ The new source compliance dates are based on date of construction or
  reconstruction as specified in Sec.   63.622(a).
\b\ During periods of startup and shutdown, for emission limits stated
  in terms of pounds of pollutant per ton of feed, you are subject to
  the work practice standards specified in Sec.   63.622(d).



 Sec. Table 3 to Subpart BB of Part 63--Monitoring Equipment Operating 
                               Parameters

----------------------------------------------------------------------------------------------------------------
                                                                 And you must monitor .
            You must . . .                     If . . .                 . . \a\               And . . . \a\
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Install a continuous parameter         Your absorber is         Influent liquid flow.
 monitoring system (CPMS) for liquid    designed and operated
 flow at the inlet of the absorber..    with pressure drops of
                                        5 inches of water
                                        column or more; and
                                        you choose to monitor
                                        only the influent
                                        liquid flow, rather
                                        than the liquid-to-gas
                                        ratio.

[[Page 45]]

 
Install CPMS for liquid and gas flow   Your absorber is         Liquid-to-gas ratio as   You must determine the
 at the inlet of the absorber \b\.      designed and operated    determined by dividing   gas flow rate through
                                        with pressure drops of   the influent liquid      the absorber by:
                                        5 inches of water        flow rate by the gas    Measuring the gas flow
                                        column or less; or.      flow rate through the    rate at the absorber
                                       Your absorber is          absorber. The units of   inlet or outlet;
                                        designed and operated    measure must be         Using the blower design
                                        with pressure drops of   consistent with those    capacity, with
                                        5 inches of water        used to calculate this   appropriate
                                        column or more, and      ratio during the         adjustments for
                                        you choose to monitor    performance test.        pressure drop; \c\ or
                                        the liquid-to-gas                                Using a regression
                                        ratio, rather than                                model.\d\
                                        only the influent
                                        liquid flow, and you
                                        want the ability to
                                        lower liquid flow with
                                        changes in gas flow.
Install CPMS for pressure at the gas   Your absorber is         Pressure drop through    You may measure the
 stream inlet and outlet of the         designed and operated    the absorber.            pressure of the inlet
 absorber.                              with pressure drops of                            gas using amperage on
                                        5 inches of water                                 the blower if a
                                        column or more.                                   correlation between
                                                                                          pressure and amperage
                                                                                          is established.
----------------------------------------------------------------------------------------------------------------
\a\ To monitor an operating parameter that is not specified in this table (including process-specific techniques
  not specified in this table to determine gas flow rate through an absorber), you must request, on a site-
  specific basis, an alternative monitoring method under the provisions of Sec.   63.8(f).
\b\ For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is
  immediately upon startup. For existing sources, and new sources that commence construction or reconstruction
  after December 27, 1996, and on or before August 19, 2015, if your absorber is designed and operated with
  pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018. In the
  interim, for existing sources, and new sources that commence construction or reconstruction after December 27,
  1996, and on or before August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches
  of water column or less, you must comply with one of the following: (i) The monitoring requirements in this
  Table 3 for absorbers designed and operated with pressure drops of 5 inches of water column or less; (ii) the
  applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with
  subpart BB; (iii) the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to
  Sec.   63.8(f); or (iv) install CPMS for pressure at the gas stream inlet and outlet of the absorber, and
  monitor pressure drop through the absorber.
\c\ If you select this option, then you must comply with Sec.   63.628(e). The option to use blower design
  capacity is intended to establish the maximum possible gas flow through the absorber; and is available
  regardless of the location of the blower (influent or effluent), as long as the gas flow rate through the
  absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum
  liquid flow rate to the absorber (determined during a performance test) by the maximum possible gas flow rate
  through the absorber (determined using blower design capacity).
\d\ If you select this option, then you must comply with Sec.   63.628(f). The regression model must be
  developed using direct measurements of gas flow rate, and design fan curves that correlate gas flow rate to
  static pressure (i.e., fan suction pressure) and brake horsepower of the blower. You must conduct an annual
  regression model verification using direct measurements of gas flow rate to ensure the correlation remains
  accurate. Direct measurements of gas flow rate used to develop or verify regression models may be collected
  during, or separately from, the annual performance testing that is required in Sec.   63.626(b).


[80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017]



 Sec. Table 4 to Subpart BB of Part 63--Operating Parameters, Operating 
  Limits and Data Monitoring, Recordkeeping and Compliance Frequencies

----------------------------------------------------------------------------------------------------------------
                                 You must establish    And you must monitor, record, and demonstrate continuous
                                    the following          compliance using these minimum frequencies . . .
  For the operating parameter      operating limit  ------------------------------------------------------------
applicable to you, as specified      during your
        in Table 3 . . .         performance test .                                        Data averaging period
                                         . .          Data measurement   Data recording       for compliance
 
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Influent liquid flow...........  Minimum inlet       Continuous.......  Every 15 minutes  Daily.
                                  liquid flow.
Influent liquid flow rate and    Minimum influent    Continuous.......  Every 15 minutes  Daily.
 gas stream flow rate.            liquid-to-gas
                                  ratio \a\.
                                                    ------------------------------------------------------------
For the operating parameter      You must establish    And you must monitor, record, and demonstrate continuous
 applicable to you, as            the following            compliance using these minimum frequencies . . .
 specified in Table 3.            operating limit.
                                                    ------------------------------------------------------------
                                                     Data measurement.  Data recording..  Data averaging
                                                                                          period for
                                                                                          compliance.
Pressure drop..................  Pressure drop       Continuous.......  Every 15 minutes  Daily.
                                  range.
----------------------------------------------------------------------------------------------------------------

[[Page 46]]

 
                                                Sorbent Injection
----------------------------------------------------------------------------------------------------------------
Sorbent injection rate.........  Minimum injection   Continuous.......  Every 15 minutes  Daily.
                                  rate.
Sorbent injection carrier gas    Minimum carrier     Continuous.......  Every 15 minutes  Daily.
 flow rate.                       gas flow rate.
----------------------------------------------------------------------------------------------------------------
                                                 Fabric Filters
----------------------------------------------------------------------------------------------------------------
Alarm time.....................  Maximum alarm time  Continuous.......  Each date and     Maximum alarm time
                                  is not                                 time of alarm     specified in Sec.
                                  established on a                       start and stop.   63.605(f)(9).
                                  site-specific
                                  basis but is
                                  specified in Sec.
                                    63.605(f)(9).
----------------------------------------------------------------------------------------------------------------
                                         Wet Electrostatic Precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage..............  Secondary voltage   Continuous.......  Every 15 minutes  Daily.
                                  range.
----------------------------------------------------------------------------------------------------------------


[82 FR 45201, Sept. 28, 2017]



 Sec. Table 5 to Subpart BB of Part 63--Calibration and Quality Control 
     Requirements for Continuous Parameter Monitoring Systems (CPMS)

------------------------------------------------------------------------
                                                    And your calibration
     If you monitor this          Your accuracy     requirements are . .
       parameter . . .        requirements are . .            .
                                        .
------------------------------------------------------------------------
Flow Rate...................  5 percent over     evaluation annually
                               the normal range of   and following any
                               flow measured or      period of more than
                               1.9 liters per        24 hours throughout
                               minute (0.5 gallons   which the flow rate
                               per minute),          exceeded the
                               whichever is          maximum rated flow
                               greater, for liquid   rate of the sensor,
                               flow rate.            or the data
                              5 percent over     scale. Checks of
                               the normal range of   all mechanical
                               flow measured or 28   connections for
                               liters per minute     leakage monthly.
                               (10 cubic feet per    Visual inspections
                               minute), whichever    and checks of CPMS
                               is greater, for gas   operation every 3
                               flow rate.            months, unless the
                              5 percent over     redundant flow
                               the normal range      sensor.
                               measured for mass    Selection of a
                               flow rate.            representative
                                                     measurement
                                                     location where
                                                     swirling flow or
                                                     abnormal velocity
                                                     distributions due
                                                     to upstream and
                                                     downstream
                                                     disturbances at the
                                                     point of
                                                     measurement are
                                                     minimized.
Pressure....................  5 percent over     obstructions (e.g.,
                               the normal range      pressure tap
                               measured or 0.12      pluggage) at least
                               kilopascals (0.5      once each process
                               inches of water       operating day.
                               column), whichever   Performance
                               is greater.           evaluation annually
                                                     and following any
                                                     period of more than
                                                     24 hours throughout
                                                     which the pressure
                                                     exceeded the
                                                     maximum rated
                                                     pressure of the
                                                     sensor, or the data
                                                     recorder was off
                                                     scale.
                                                    Checks of all
                                                     mechanical
                                                     connections for
                                                     leakage monthly.
                                                    Visual inspection of
                                                     all components for
                                                     integrity,
                                                     oxidation and
                                                     galvanic corrosion
                                                     every 3 months,
                                                     unless the CPMS has
                                                     a redundant
                                                     pressure sensor.
                                                    Selection of a
                                                     representative
                                                     measurement
                                                     location that
                                                     minimizes or
                                                     eliminates
                                                     pulsating pressure,
                                                     vibration, and
                                                     internal and
                                                     external corrosion.
------------------------------------------------------------------------


[[Page 47]]



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

----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1) through (4)........  General Applicability..  Yes....................  None.
Sec.   63.1(a)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(6)....................  Contact information....  Yes....................  None.
Sec.   63.1(a)(7) through (9)........  .......................  No.....................  [Reserved].
Sec.   63.1(a)(10) through (12)......  Time periods...........  Yes....................  None.
Sec.   63.1(b).......................  Initial Applicability    Yes....................  None.
                                        Determination.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................  None.
                                        Standard Established.
Sec.   63.1(c)(2)....................  Permits................  Yes....................  Some plants may be area
                                                                                          sources.
Sec.   63.1(c)(3) through (4)........  .......................  No.....................  [Reserved].
Sec.   63.1(c)(5)....................  Area to Major source     Yes....................  None.
                                        change.
Sec.   63.1(c)(6)....................  .......................  Yes....................  None.
Sec.   63.1(d).......................  .......................  No.....................  [Reserved].
Sec.   63.1(e).......................  Applicability of Permit  Yes....................  None.
                                        Program.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec.   63.621.
Sec.   63.3..........................  Units and Abbreviations  Yes....................  None.
Sec.   63.4(a)(1) and (2)............  Prohibited Activities..  Yes....................  None.
Sec.   63.4(a)(3) through (5)........  .......................  No.....................  [Reserved].
Sec.   63.4(b) and (c)...............  Circumvention/           Yes....................  None.
                                        Fragmentation.
Sec.   63.5(a).......................  Construction/            Yes....................  None.
                                        Reconstruction
                                        Applicability.
Sec.   63.5(b)(1)....................  Existing, New,           Yes....................  None.
                                        Reconstructed Sources
                                        Requirements.
Sec.   63.5(b)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(3), (4), and (6)......  Construction/            Yes....................  None.
                                        Reconstruction
                                        approval and
                                        notification.
Sec.   63.5(b)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.5(c).......................  .......................  No.....................  [Reserved].
Sec.   63.5(d).......................  Application for          Yes....................  None.
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................  None.
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................  None.
                                        Construction/
                                        Reconstruction Based
                                        on State Review.
Sec.   63.6(a).......................  Compliance with          Yes....................  None.
                                        Standards and
                                        Maintenance
                                        Applicability.
Sec.   63.6(b)(1) through (5)........  New and Reconstructed    Yes....................  See also Sec.   63.622.
                                        Sources Dates.
Sec.   63.6(b)(6)....................  .......................  No.....................  [Reserved].
Sec.   63.6(b)(7)....................  Area to major source     Yes....................  None.
                                        change.
Sec.   63.6(c)(1) and (2)............  Existing Sources Dates.  Yes....................  Sec.   63.622 specifies
                                                                                          dates.
Sec.   63.6(c)(3) and (4)............  .......................  No.....................  [Reserved].
Sec.   63.6(c)(5)....................  Area to major source     Yes....................  None.
                                        change.
Sec.   63.6(d).......................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(1)(i) and (ii)........  Operation & Maintenance  No.....................  See Sec.   63.628(b)
                                        Requirements.                                     for general duty
                                                                                          requirement.
Sec.   63.6(e)(iii)..................  .......................  Yes....................  None.
Sec.   63.6(e)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(3)....................  Startup, Shutdown, and   No.....................  None.
                                        Malfunction Plan.
Sec.   63.6(f).......................  Compliance with          No.....................  See general duty at
                                        Emission Standards.                               Sec.   63.628(b).
Sec.   63.6(g).......................  Alternative Standard...  Yes....................  None.
Sec.   63.6(h).......................  Compliance with Opacity/ No.....................  Subpart BB does not
                                        VE Standards.                                     include VE/opacity
                                                                                          standards.
Sec.   63.6(i)(1) through (14).......  Extension of Compliance  Yes....................  None.
Sec.   63.6(i)(15)...................  .......................  No.....................  [Reserved].
Sec.   63.6(i)(16)...................  .......................  Yes....................  None.
Sec.   63.6(j).......................  Exemption from           Yes....................  None.
                                        Compliance.
Sec.   63.7(a).......................  Performance Test         Yes....................  None.
                                        Requirements
                                        Applicability.
Sec.   63.7(b).......................  Notification...........  Yes....................  None.
Sec.   63.7(c).......................  Quality Assurance/Test   Yes....................  None.
                                        Plan.
Sec.   63.7(d).......................  Testing Facilities.....  Yes....................  None.
Sec.   63.7(e)(1)....................  Conduct of Tests;        No.....................  Sec.   63.626 specifies
                                        startup, shutdown and                             additional
                                        malfunction provisions.                           requirements.
Sec.   63.7(e)(2) through (4)........  Conduct of Tests.......  Yes....................  Sec.   63.626 specifies
                                                                                          additional
                                                                                          requirements.

[[Page 48]]

 
Sec.   63.7(f).......................  Alternative Test Method  Yes....................  None.
Sec.   63.7(g).......................  Data Analysis..........  Yes....................  None.
Sec.   63.7(h).......................  Waiver of Tests........  Yes....................  None.
Sec.   63.8(a).......................  Monitoring Requirements  Yes....................  None.
                                        Applicability.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................  None.
Sec.   63.8(c)(1)(i).................  General duty to          No.....................  See Sec.   63.628(b)
                                        minimize emissions and                            for general duty
                                        CMS operation.                                    requirement.
Sec.   63.8(c)(1)(ii)................  .......................  Yes....................  None.
Sec.   63.8(c)(1)(iii)...............  Requirement to develop   No.....................  None.
                                        SSM Plan for CMS.
Sec.   63.8(c)(2) through (4)........  CMS Operation/           Yes....................  None.
                                        Maintenance.
Sec.   63.8(c)(5)....................  COMS Operation.........  No.....................  Subpart BB does not
                                                                                          require COMS.
Sec.   63.8(c)(6) through (8)........  CMS requirements.......  Yes....................  None.
Sec.   63.8(d)(1) and (2)............  Quality Control........  Yes....................  None.
Sec.   63.8(d)(3)....................  Written procedure for    No.....................  See Sec.   63.628 for
                                        CMS.                                              requirement.
Sec.   63.8(e).......................  CMS Performance          Yes....................  None.
                                        Evaluation.
Sec.   63.8(f)(1) through (5)........  Alternative Monitoring   Yes....................  None.
                                        Method.
Sec.   63.8(f)(6)....................  Alternative to RATA      No.....................  Subpart BB does not
                                        Test.                                             require CEMS.
Sec.   63.8(g)(1)....................  Data Reduction.........  Yes....................  None.
Sec.   63.8(g)(2)....................  .......................  No.....................  Subpart BB does not
                                                                                          require COMS or CEMS.
Sec.   63.8(g)(3) through (5)........  .......................  Yes....................  None.
Sec.   63.9(a).......................  Notification             Yes....................  None.
                                        Requirements
                                        Applicability.
Sec.   63.9(b).......................  Initial Notifications..  Yes....................  None.
Sec.   63.9(c).......................  Request for Compliance   Yes....................  None.
                                        Extension.
Sec.   63.9(d).......................  New Source Notification  Yes....................  None.
                                        for Special Compliance
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................  None.
                                        Performance Test.
Sec.   63.9(f).......................  Notification of VE/      No.....................  Subpart BB does not
                                        Opacity Test.                                     include VE/opacity
                                                                                          standards.
Sec.   63.9(g).......................  Additional CMS           Yes....................  None.
                                        Notifications.
Sec.   63.9(h)(1) through (3)........  Notification of          Yes....................  None.
                                        Compliance Status.
Sec.   63.9(h)(4)....................  .......................  No.....................  [Reserved].
Sec.   63.9(h)(5) and (6)............  .......................  Yes....................  None.
Sec.   63.9(i).......................  Adjustment of Deadlines  Yes....................  None.
Sec.   63.9(j).......................  Change in Previous       Yes....................  None.
                                        Information.
Sec.   63.9(k).......................  .......................  Yes....................  Only as specified in
                                                                                          Sec.   63.9(j).
Sec.   63.10(a)......................  Recordkeeping/Reporting- Yes....................  None.
                                        Applicability.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(b)(2)(i)................  Startup or shutdown      No.....................  None.
                                        duration.
Sec.   63.10(b)(2)(ii)...............  Malfunction............  No.....................  See Sec.   63.627 for
                                                                                          recordkeeping and
                                                                                          reporting requirement.
Sec.   63.10(b)(2)(iii)..............  Maintenance records....  Yes....................  None.
Sec.   63.10(b)(2)(iv) and (v).......  Startup, shutdown,       No.....................  None.
                                        malfunction actions.
Sec.   63.10(b)(2)(vi) through (xiv).  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(b)(3)...................  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(c)(1)...................  Additional CMS           Yes....................  None.
                                        Recordkeeping.
Sec.   63.10(c)(2) through (4).......  .......................  No.....................  [Reserved].
Sec.   63.10(c)(5)...................  .......................  Yes....................  None.
Sec.   63.10(c)(6)...................  .......................  Yes....................  None.
Sec.   63.10(c)(7) and (8)...........  .......................  Yes....................  None.
Sec.   63.10(c)(9)...................  .......................  No.....................  [Reserved].
Sec.   63.10(c)(10) through (13).....  .......................  Yes....................  None.
Sec.   63.10(c)(14)..................  .......................  Yes....................  None.
Sec.   63.10(c)(15)..................  Startup Shutdown         No.....................  None.
                                        Malfunction Plan
                                        Provisions.
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  None.
                                        Requirements.
Sec.   63.10(d)(2)...................  Performance Test         Yes....................  None.
                                        Results.
Sec.   63.10(d)(3)...................  Opacity or VE            No.....................  Subpart BB does not
                                        Observations.                                     include VE/opacity
                                                                                          standards.
Sec.   63.10(d)(4)...................  Progress Reports.......  Yes....................  None.
Sec.   63.10(d)(5)...................  Startup, Shutdown, and   No.....................  See Sec.   63.627 for
                                        Malfunction Reports.                              reporting of excess
                                                                                          emissions.

[[Page 49]]

 
Sec.   63.10(e)(1) and (2)...........  Additional CMS Reports.  Yes....................  None.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     Yes....................  None.
                                        Performance Reports.
Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart BB does not
                                                                                          require COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................  None.
                                        Waiver.
Sec.   63.11.........................  Control Device and Work  Yes....................  None.
                                        Practice Requirements.
Sec.   63.12.........................  State Authority and      Yes....................  None.
                                        Delegations.
Sec.   63.13.........................  Addresses..............  Yes....................  None.
Sec.   63.14.........................  Incorporation by         Yes....................  None.
                                        Reference.
Sec.   63.15.........................  Information              Yes....................  None.
                                        Availability/
                                        Confidentiality.
Sec.   63.16.........................  Performance Track        No.....................  Terminated.
                                        Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 50450, Aug. 19, 2015, as amended at 85 FR 73892, Nov. 19, 2020]



Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

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



Sec.  63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emissions points that are specified in paragraphs (c)(1) through 
(9) of this section that are located at a plant site and that meet the 
criteria in paragraphs (a)(1) and (2) of this section:
    (1) Are located at a plant site that is a major source as defined in 
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (b)(1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (ii) of this section, is as a 
petroleum refining process unit, as defined in Sec.  63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the use 
that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec.  63.655(h)(6)(i).
    (c) For the purposes of this subpart, the affected source shall 
comprise all emissions points, in combination, listed in paragraphs 
(c)(1) through (9) of this section that are located at a single refinery 
plant site.
    (1) All miscellaneous process vents from petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with 
petroleum refining process units meeting the criteria in paragraph (a) 
of this section;
    (4) All equipment leaks from petroleum refining process units 
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial 
Classification code 2911 meeting the criteria in paragraph (a) of this 
section;
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec.  63.560;
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline breakout station

[[Page 50]]

classified under Standard Industrial Classification code 2911 located 
within a contiguous area and under common control with a refinery 
meeting the criteria in paragraph (a) of this section; and
    (8) All heat exchange systems, as defined in this subpart.
    (9) All releases associated with the decoking operations of a 
delayed coking unit, as defined in this subpart.
    (d) The affected source subject to this subpart does not include the 
emission points listed in paragraphs (d)(1) through (d)(5) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;
    (3) Any pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system that is intended to operate in organic hazardous air pollutant 
service, as defined in Sec.  63.641 of this subpart, for less than 300 
hours during the calendar year;
    (4) Catalytic cracking unit and catalytic reformer catalyst 
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in Sec.  
63.641, provided that on and after January 30, 2019, any flares 
receiving gas from that fuel gas system are subject to Sec.  63.670. No 
other testing, monitoring, recordkeeping, or reporting is required for 
refinery fuel gas systems or emission points routed to refinery fuel gas 
systems.
    (e) The owner or operator of a storage vessel constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies. The 
owner or operator of a storage vessel constructed after August 18, 1994, 
shall follow the procedures specified in paragraphs (e)(1), (e)(2)(i), 
and (e)(2)(ii) of this section to determine whether a storage vessel is 
part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit, 
the storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit subject 
to this subpart, then the storage vessel is part of the affected source 
to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the 
storage vessel is not part of the affected source to which this subpart 
applies.
    (2) If a storage vessel is not dedicated to a single process unit, 
then the applicability of this subpart shall be determined according to 
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this 
section.
    (i) If a storage vessel is shared among process units and one of the 
process units has the predominant use, as determined by paragraphs 
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel 
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel 
is from a process unit that is located on the same plant site, then that 
process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel 
is provided from a process unit that is not located on the same plant 
site, then the predominant use shall be the process unit that receives 
the greatest amount of material on a volume basis from the storage 
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that there 
is no single predominant use, and at least one of those process units is 
a petroleum refining process unit subject to this subpart, the storage 
vessel shall be considered to be part of the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the storage vessel to any of the petroleum refining process 
units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined based 
on the utilization of that storage vessel during the year preceding 
August 18, 1995. This determination shall be reported as specified in 
Sec.  63.655(h)(6)(ii).
    (f) The owner or operator of a distillation unit constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (f)(1)

[[Page 51]]

through (f)(4) of this section to determine whether a miscellaneous 
process vent from a distillation unit is part of a source to which this 
subpart applies. The owner or operator of a distillation unit 
constructed after August 18, 1994, shall follow the procedures specified 
in paragraphs (f)(1) through (f)(5) of this section to determine whether 
a miscellaneous process vent from a distillation unit is part of a 
source to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a process 
unit located on the same plant site, then the distillation unit shall be 
assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from 
a process unit that is not located on the same plant site, then the 
distillation unit shall be assigned to the process unit located at the 
same plant site that receives the greatest amount of material from the 
distillation unit.
    (3) If a distillation unit is shared among process units so that 
there is no single predominant use, as described in paragraphs (f)(1) 
and (f)(2) of this section, and at least one of those process units is a 
petroleum refining process unit subject to this subpart, the 
distillation unit shall be assigned to the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the distillation unit to any of the petroleum refining 
process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned 
is a petroleum refining process unit subject to this subpart and the 
vent stream contains greater than 20 parts per million by volume total 
organic hazardous air pollutants, then the vent from the distillation 
unit is considered a miscellaneous process vent (as defined in Sec.  
63.641 of this subpart) and is part of the source to which this subpart 
applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding August 18, 1995. This determination shall be reported as 
specified in Sec.  63.655(h)(6)(iii).
    (g) The provisions of this subpart do not apply to the processes 
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a petroleum refining 
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air 
pollutants listed in table 1 of this subpart that is located within a 
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H, 
and I of this part.
    (h) Sources subject to this subpart are required to achieve 
compliance on or before the dates specified in table 11 of this subpart, 
except as provided in paragraphs (h)(1) through (3) of this section.
    (1) Marine tank vessels at existing sources shall be in compliance 
with this subpart, except for Sec. Sec.  63.657 through 63.660, no later 
than August 18, 1999, unless the vessels are included in an emissions 
average to generate emission credits. Marine tank vessels used to 
generate credits in an emissions average shall be in compliance with 
this subpart no later than August 18, 1998, unless an extension has been 
granted by the Administrator as provided in Sec.  63.6(i).
    (2) Existing Group 1 floating roof storage vessels meeting the 
applicability criteria in item 1 of the definition of Group 1 storage 
vessel shall be in compliance with Sec.  63.646 at the first degassing 
and cleaning activity after August 18, 1998, or August 18, 2005, 
whichever is first.
    (3) An owner or operator may elect to comply with the provisions of 
Sec.  63.648(c) through (i) as an alternative to the provisions of Sec.  
63.648(a) and (b). In such

[[Page 52]]

cases, the owner or operator shall comply no later than the dates 
specified in paragraphs (h)(3)(i) through (iii) of this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18, 
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later than 
August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later 
than February 18, 2001.
    (i) If an additional petroleum refining process unit is added to a 
plant site that is a major source as defined in section 112(a) of the 
Clean Air Act, the addition shall be subject to the requirements for a 
new source if it meets the criteria specified in paragraphs (i)(1) 
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in 
Sec.  63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and
    (3) The addition has the potential to emit 10 tons per year or more 
of any hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit 
subject to this subpart, the change shall be subject to the requirements 
for a new source if it meets the criteria specified in paragraphs (j)(1) 
and (j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in 
Sec.  63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a 
plant site or a change is made to a petroleum refining process unit and 
the addition or change is determined to be subject to the new source 
requirements according to paragraphs (i) or (j) of this section it must 
comply with the requirements specified in paragraphs (k)(1) and (k)(2) 
of this section:
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements in item (1), (2), or (3) of 
table 11 of this subpart, as applicable, upon initial startup of the 
reconstructed source or by August 18, 1995, whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or 
change shall comply with the reporting and recordkeeping requirements 
that are applicable to new sources. The applicable reports include, but 
are not limited to:
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 
November 16, 1995);
    (ii) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for a new source, addition, or change;
    (iii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
    (iv) Reports and notifications required by Sec.  60.487 of subpart 
VV of part 60 or Sec.  63.182 of subpart H of this part. The 
requirements for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements 
are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. Sec.  63.565 and 
63.567 of subpart Y of this part. These requirements are summarized in 
table 5 of this subpart.
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, marine tank vessel loading operation, heat exchange 
system, or decoking operation that meets the criteria in paragraphs 
(c)(1) through (9) of this section is added to an existing petroleum 
refinery or if another deliberate operational process change creating an 
additional Group 1 emissions point(s) (as defined in Sec.  63.641) is 
made to an existing petroleum refining process unit, and if the addition 
or process change is not subject to the new source requirements as 
determined according to paragraph (i) or (j) of this section, the 
requirements in paragraphs (l)(1) through (4) of this section shall 
apply. Examples of process changes include, but are not limited to, 
changes in production capacity, or feed or raw material where the

[[Page 53]]

change requires construction or physical alteration of the existing 
equipment or catalyst type, or whenever there is replacement, removal, 
or addition of recovery equipment. For purposes of this paragraph (l) 
and paragraph (m) of this section, process changes do not include: 
Process upsets, unintentional temporary process changes, and changes 
that are within the equipment configuration and operating conditions 
documented in the Notification of Compliance Status report required by 
Sec.  63.655(f).
    (1) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit are subject to the 
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit shall be in compliance 
with the applicable requirements in item (4) of table 11 of this subpart 
by the dates specified in paragraph (l)(2)(i) or (ii) of this section.
    (i) If a petroleum refining process unit is added to a plant site or 
an emission point(s) is added to any existing petroleum refining process 
unit, the added emission point(s) shall be in compliance upon initial 
startup of any added petroleum refining process unit or emission 
point(s) or by the applicable compliance date in item (4) of table 11 of 
this subpart, whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec.  63.641), the owner 
or operator shall be in compliance upon initial startup or by August 18, 
1998, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. If this demonstration is made to the Administrator's 
satisfaction, the owner or operator shall follow the procedures in 
paragraphs (m)(1) through (m)(3) of this section to establish a 
compliance date.
    (3) The owner or operator of a petroleum refining process unit or of 
a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, marine tank vessel loading operation, heat 
exchange system, or decoking operation meeting the criteria in 
paragraphs (c)(1) through (9) of this section that is added to a plant 
site and is subject to the requirements for existing sources shall 
comply with the reporting and recordkeeping requirements that are 
applicable to existing sources including, but not limited to, the 
reports listed in paragraphs (l)(3)(i) through (vii) of this section. A 
process change to an existing petroleum refining process unit shall be 
subject to the reporting requirements for existing sources including, 
but not limited to, the reports listed in paragraphs (l)(3)(i) through 
(vii) of this section. The applicable reports include, but are not 
limited to:
    (i) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
    (iii) Reports and notifications required by sections of subpart A of 
this part that are applicable to this subpart, as identified in table 6 
of this subpart.
    (iv) Reports and notifications required by Sec.  63.182, or 40 CFR 
60.487. The requirements of subpart H of this part are summarized in 
table 3 of this subpart;
    (v) Reports required by Sec.  61.357 of subpart FF;
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements 
are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. Sec.  63.565 and 
63.567 of subpart Y. These requirements are summarized in table 5 of 
this subpart.
    (4) If pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, or 
instrumentation systems are added to an existing source, they are 
subject to the equipment leak standards for existing sources in Sec.  
63.648. A notification of compliance status report shall not be required 
for such added equipment.
    (m) If a change that does not meet the criteria in paragraph (l) of 
this section is made to a petroleum refining

[[Page 54]]

process unit subject to this subpart, and the change causes a Group 2 
emission point to become a Group 1 emission point (as defined in Sec.  
63.641), then the owner or operator shall comply with the applicable 
requirements of this subpart for existing sources, as specified in item 
(4) of table 11 of this subpart, for the Group 1 emission point as 
expeditiously as practicable, but in no event later than 3 years after 
the emission point becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted within 180 days after 
the change is made, unless the compliance schedule has been previously 
submitted to the permitting authority. If it is not possible to 
determine until after the change is implemented whether the emission 
point has become Group 1, the compliance schedule shall be submitted 
within 180 days of the date when the affect of the change is known to 
the source. The compliance schedule may be submitted in the next 
Periodic Report if the change is made after the date the Notification of 
Compliance Status report is due.
    (3) The Administrator shall approve or deny the compliance schedule 
or request changes within 120 calendar days of receipt of the compliance 
schedule and justification. Approval is automatic if not received from 
the Administrator within 120 calendar days of receipt.
    (n) Overlap of this subpart with other regulations for storage 
vessels. As applicable, paragraphs (n)(1), (3), (4), (6), and (7) of 
this section apply for Group 2 storage vessels and paragraphs (n)(2) and 
(5) of this section apply for Group 1 storage vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the provisions of 
40 CFR part 60, subpart Kb, is required to comply only with the 
requirements of 40 CFR part 60, subpart Kb, except as provided in 
paragraph (n)(8) of this section. After the compliance dates specified 
in paragraph (h) of this section, a Group 2 storage vessel that is 
subject to the provisions of 40 CFR part 61, subpart Y, is required to 
comply only with the requirements of 40 CFR part 61, subpart Y, except 
as provided in paragraph (n)(10) of this section.
    (2) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 storage vessel that is also subject to 40 CFR part 
60, subpart Kb, is required to comply only with either 40 CFR part 60, 
subpart Kb, except as provided in paragraph (n)(8) of this section or 
this subpart. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 storage vessel that is also subject to 40 CFR 
part 61, subpart Y, is required to comply only with either 40 CFR part 
61, subpart Y, except as provided in paragraph (n)(10) of this section 
or this subpart.
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 60.110b, but is not required to apply controls by 40 
CFR 60.110b or 60.112b, is required to comply only with this subpart.
    (4) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 61.270, but is not required to apply controls by 40 
CFR 61.271, is required to comply only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 storage vessel that is also subject to the provisions 
of 40 CFR part 60, subpart K or Ka, is required to only comply with the 
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to comply 
only with the provisions of 40 CFR part 60, subparts K or Ka except as 
provided for in paragraph (n)(9) of this section.
    (7) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to 40 CFR part 60, 
subparts K or Ka, but not to the control requirements of 40 CFR part 60, 
subparts K or Ka, is required to comply only with this subpart.

[[Page 55]]

    (8) Storage vessels described by paragraph (n)(1) of this section 
are to comply with 40 CFR part 60, subpart Kb, except as provided in 
paragraphs (n)(8)(i) through (vi) of this section. Storage vessels 
described by paragraph (n)(2) electing to comply with part 60, subpart 
Kb of this chapter shall comply with subpart Kb except as provided in 
paragraphs (n)(8)(i) through (viii) of this section.
    (i) Storage vessels that are to comply with Sec.  60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of Sec.  
60.112b(a)(2)(i)(B) during the gap measurements for the primary seal 
required by Sec.  60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec.  60.113b(b) of this 
chapter or to inspect the vessel to determine compliance with Sec.  
60.113b(a) of this chapter because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either Sec.  
63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date 
specified in paragraph (h) of this section for compliance with Sec.  
63.660, as applicable) or either Sec.  63.1063(c)(2)(iv)(A) or (B) of 
subpart WW.
    (iii) If a failure is detected during the inspections required by 
Sec.  60.113b(a)(2) or during the seal gap measurements required by 
Sec.  60.113b(b)(1), and the vessel cannot be repaired within 45 days 
and the vessel cannot be emptied within 45 days, the owner or operator 
may utilize up to two extensions of up to 30 additional calendar days 
each. The owner or operator is not required to provide a request for the 
extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec.  60.113b(a)(2) or Sec.  60.113b(b)(4)(iii), and describe the nature 
and date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of part 60 may submit the inspection reports required by Sec. Sec.  
60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the periodic 
reports required by this subpart, rather than within the 30-day period 
specified in Sec. Sec.  60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb.
    (vi) The reports of rim seal inspections specified in Sec.  
60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in Sec.  
60.113b(b)(4). Documentation of the inspections shall be recorded as 
specified in Sec.  60.115b(b)(3).
    (vii) To be in compliance with Sec.  60.112b(a)(1)(iv) or (a)(2)(ii) 
of this chapter, guidepoles in floating roof storage vessels must be 
equipped with covers and/or controls (e.g., pole float system, pole 
sleeve system, internal sleeve system or flexible enclosure system) as 
appropriate to comply with the ``no visible gap'' requirement.
    (viii) If a flare is used as a control device for a storage vessel, 
on and after January 30, 2019, the owner or operator must meet the 
requirements of Sec.  63.670 instead of the requirements referenced from 
part 60, subpart Kb of this chapter for that flare.
    (9) Storage vessels described by paragraph (n)(6) of this section 
that are to comply with 40 CFR part 60, subpart Ka, are to comply with 
only subpart Ka except as provided for in paragraphs (n)(9)(i) through 
(n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in Sec.  60.113a(a)(1) of this 
chapter because the floating roof appears to be structurally unsound and 
poses an imminent danger to inspecting personnel, the owner or operator 
shall comply with the requirements in either Sec.  63.120(b)(7)(i) or 
(ii) of subpart G (only up to the compliance date specified in paragraph 
(h) of this section for compliance with Sec.  63.660, as applicable) or 
either Sec.  63.1063(c)(2)(iv)(A) or (B) of subpart WW.
    (ii) If a failure is detected during the seal gap measurements 
required by Sec.  60.113a(a)(1) of subpart Ka, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.

[[Page 56]]

    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by Sec.  
60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period specified 
in Sec.  60.113a(a)(1)(i)(E) of subpart Ka.
    (10) Storage vessels described by paragraph (n)(1) of this section 
are to comply with 40 CFR part 61, subpart Y, except as provided in 
paragraphs (n)(10)(i) through (vi) of this section. Storage vessels 
described by paragraph (n)(2) electing to comply with 40 CFR part 61, 
subpart Y, shall comply with subpart Y except as provided for in 
paragraphs (n)(10)(i) through (viii) of this section.
    (i) Storage vessels that are to comply with Sec.  61.271(b) of this 
chapter are exempt from the secondary seal requirements of Sec.  
61.271(b)(2)(ii) of this chapter during the gap measurements for the 
primary seal required by Sec.  61.272(b) of this chapter.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec.  61.272(b) of this 
chapter or to inspect the vessel to determine compliance with Sec.  
61.272(a) of this chapter because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either Sec.  
63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date 
specified in paragraph (h) of this section for compliance with Sec.  
63.660, as applicable) or either Sec.  63.1063(c)(2)(iv)(A) or (B) of 
subpart WW.
    (iii) If a failure is detected during the inspections required by 
Sec.  61.272(a)(2) of this chapter or during the seal gap measurements 
required by Sec.  61.272(b)(1) of this chapter, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. The owner or operator is not required to 
provide a request for the extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(10)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec.  61.272(a)(2) or (b)(4)(iii) of this chapter, and describe the 
nature and date of the repair made or provide the date the storage 
vessel was emptied.
    (v) Owners and operators of storage vessels complying with 40 CFR 
part 61, subpart Y, may submit the inspection reports required by Sec.  
61.275(a), (b)(1), and (d) of this chapter as part of the periodic 
reports required by this subpart, rather than within the 60-day period 
specified in Sec.  61.275(a), (b)(1), and (d) of this chapter.
    (vi) The reports of rim seal inspections specified in Sec.  
61.275(d) of this chapter are not required if none of the measured gaps 
or calculated gap areas exceed the limitations specified in Sec.  
61.272(b)(4) of this chapter. Documentation of the inspections shall be 
recorded as specified in Sec.  61.276(a) of this chapter.
    (vii) To be in compliance with Sec.  61.271(a)(6) or (b)(3) of this 
chapter, guidepoles in floating roof storage vessels must be equipped 
with covers and/or controls (e.g., pole float system, pole sleeve 
system, internal sleeve system or flexible enclosure system) as 
appropriate to comply with the ``no visible gap'' requirement.
    (viii) If a flare is used as a control device for a storage vessel, 
on and after January 30, 2019, the owner or operator must meet the 
requirements of Sec.  63.670 instead of the requirements referenced from 
part 61, subpart Y of this chapter for that flare.
    (o) Overlap of this subpart CC with other regulations for 
wastewater.

[[Page 57]]

    (1) After the compliance dates specified in paragraph (h) of this 
section a Group 1 wastewater stream managed in a piece of equipment that 
is also subject to the provisions of 40 CFR part 60, subpart QQQ is 
required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, stored, 
or treated in a wastewater stream management unit that also receives 
streams subject to the provisions of Sec. Sec.  63.133 through 63.147 of 
subpart G wastewater provisions of this part shall comply as specified 
in paragraph (o)(2)(i) or (o)(2)(ii) of this section. Compliance with 
the provisions of paragraph (o)(2) of this section shall constitute 
compliance with the requirements of this subpart for that wastewater 
stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (D) of this section.
    (A) The provisions in Sec. Sec.  63.133 through 63.140 of subpart G 
for all equipment used in the storage and conveyance of the Group 1 or 
Group 2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF and in 
Sec. Sec.  63.138 and 63.139 of subpart G for the treatment and control 
of the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Sec. Sec.  63.143 through 63.148 of subpart G 
for monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Sec. Sec.  61.355 through 61.357.
    (D) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 40 
CFR part 61, subpart FF, and subpart G of this part, or the requirements 
of Sec.  63.670.
    (ii) Comply with paragraphs (o)(2)(ii)(A) through (C) of this 
section.
    (A) Comply with the provisions of Sec. Sec.  63.133 through 63.148 
and Sec. Sec.  63.151 and 63.152 of subpart G.
    (B) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of Sec.  63.133 through Sec.  63.147 of subpart G for Group 
1 wastewater streams.
    (C) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 40 
CFR part 61, subpart FF, and subpart G of this part, or the requirements 
of Sec.  63.670.
    (p) Overlap of subpart CC with other regulations for equipment 
leaks.
    (1) After the compliance dates specified in paragraph (h) of this 
section, equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 standards promulgated before September 4, 2007, are 
required to comply only with the provisions specified in this subpart.
    (2) Equipment leaks that are also subject to the provisions of 40 
CFR part 60, subpart GGGa, are required to comply only with the 
provisions specified in 40 CFR part 60, subpart GGGa, except that 
pressure relief devices in organic HAP service must only comply with the 
requirements in Sec.  63.648(j).
    (q) For overlap of subpart CC with local or State regulations, the 
permitting authority for the affected source may allow consolidation of 
the monitoring, recordkeeping, and reporting requirements under this 
subpart with the monitoring, recordkeeping, and reporting requirements 
under other applicable requirements in 40 CFR parts 60, 61, or 63, and 
in any 40 CFR part 52 approved State implementation plan provided the 
implementation plan allows for approval of alternative monitoring, 
reporting, or recordkeeping requirements and provided that the permit 
contains an equivalent degree of compliance and control.
    (r) Overlap of subpart CC with other regulations for gasoline 
loading racks. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also

[[Page 58]]

is subject to the provisions of 40 CFR part 60, subpart XX is required 
to comply only with this subpart.
    (s) Overlap of this subpart with other regulation for flares. On 
January 30, 2019, flares that are subject to the provisions of 40 CFR 
60.18 or 63.11 and subject to this subpart are required to comply only 
with the provisions specified in this subpart. Prior to January 30, 
2019, flares that are subject to the provisions of 40 CFR 60.18 or 63.11 
and elect to comply with the requirements in Sec. Sec.  63.670 and 
63.671 are required to comply only with the provisions specified in this 
subpart.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998; 66 FR 28841, May 
25, 2001; 74 FR 55683, Oct. 28, 2009; 78 FR 37145, June 20, 2013; 80 FR 
75237, Dec. 1, 2015; 85 FR 6082, Feb. 4, 2020]



Sec.  63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, and in this section. If the 
same term is defined in subpart A and in this section, it shall have the 
meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec.  63.640.
    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature reported by the National Weather Service for liquids stored 
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec.  63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Assist air means all air that intentionally is introduced prior to 
or at a flare tip through nozzles or other hardware conveyance for the 
purposes including, but not limited to, protecting the design of the 
flare tip, promoting turbulence for mixing or inducing air into the 
flame. Assist air includes premix assist air and perimeter assist air. 
Assist air does not include the surrounding ambient air.
    Assist steam means all steam that intentionally is introduced prior 
to or at a flare tip through nozzles or other hardware conveyance for 
the purposes including, but not limited to, protecting the design of the 
flare tip, promoting turbulence for mixing or inducing air into the 
flame. Assist steam includes, but is not necessarily limited to, center 
steam, lower steam and upper steam.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Center steam means the portion of assist steam introduced into the 
stack of a flare to reduce burnback.
    Closed blowdown system means a system used for depressuring process 
vessels that is not open to the atmosphere and is configured of piping, 
ductwork, connections, accumulators/knockout drums, and, if necessary, 
flow inducing devices that transport gas or vapor from a process vessel 
to a control device or back into the process.
    Closed vent system means a system that is not open to the atmosphere 
and is configured of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process shall not be considered a closed 
vent system and is not subject to closed vent system standards.
    Combustion device means an individual unit of equipment such as a

[[Page 59]]

flare, incinerator, process heater, or boiler used for the combustion of 
organic hazardous air pollutant vapors.
    Combustion zone means the area of the flare flame where the 
combustion zone gas combines for combustion.
    Combustion zone gas means all gases and vapors found just after a 
flare tip. This gas includes all flare vent gas, total steam, and premix 
air.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are accessible.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every hour 
and recorded at the frequency specified in Sec.  63.655(i).
    Continuous recorder means a data recording device recording an 
instantaneous data value or an average data value at least once every 
hour.
    Control device means any equipment used for recovering, removing, or 
oxidizing organic hazardous air pollutants. Such equipment includes, but 
is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For miscellaneous 
process vents (as defined in this section), recovery devices (as defined 
in this section) are not considered control devices.
    Cooling tower means a heat removal device used to remove the heat 
absorbed in circulating cooling water systems by transferring the heat 
to the atmosphere using natural or mechanical draft.
    Cooling tower return line means the main water trunk lines at the 
inlet to the cooling tower before exposure to the atmosphere.
    Decoking operations means the sequence of steps conducted at the end 
of the delayed coking unit's cooling cycle to open the coke drum to the 
atmosphere in order to remove coke from the coke drum. Decoking 
operations begin at the end of the cooling cycle when steam released 
from the coke drum is no longer discharged via the unit's blowdown 
system but instead is vented directly to the atmosphere. Decoking 
operations include atmospheric depressuring (venting), deheading, 
draining, and decoking (coke cutting).
    Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit includes, but is not limited to, all of the coke 
drums associated with a single fractionator; the fractionator, including 
the bottoms receiver and the overhead condenser; the coke drum cutting 
water and quench system, including the jet pump and coker quench water 
tank; and the coke drum blowdown recovery compressor system.
    Delayed coker vent means a miscellaneous process vent that contains 
uncondensed vapors from the delayed coking unit's blowdown system. 
Venting from the delayed coker vent is typically intermittent in nature, 
and occurs primarily during the cooling cycle of a delayed coking unit 
coke drum when vapor from the coke drums cannot be sent to the 
fractionator column for product recovery. The emissions from the 
decoking operations, which include direct atmospheric venting, 
deheading, draining, or decoking (coke cutting), are not considered to 
be delayed coker vents.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual miscellaneous process vent, 
storage

[[Page 60]]

vessel, wastewater stream, equipment leak, decoking operation or heat 
exchange system associated with a petroleum refining process unit; an 
individual storage vessel or equipment leak associated with a bulk 
gasoline terminal or pipeline breakout station classified under Standard 
Industrial Classification code 2911; a gasoline loading rack classified 
under Standard Industrial Classification code 2911; or a marine tank 
vessel loading operation located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater collection and conveyance systems (including, but 
not limited to wastewater drains, sewer vents, and sump drains), tank 
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flare means a combustion device lacking an enclosed combustion 
chamber that uses an uncontrolled volume of ambient air to burn gases. 
For the purposes of this rule, the definition of flare includes, but is 
not necessarily limited to, air-assisted flares, steam-assisted flares 
and non-assisted flares.
    Flare purge gas means gas introduced between a flare header's water 
seal and the flare tip to prevent oxygen infiltration (backflow) into 
the flare tip or for other safety reasons. For a flare with no water 
seal, the function of flare purge gas is performed by flare sweep gas 
and, therefore, by definition, such a flare has no flare purge gas.
    Flare supplemental gas means all gas introduced to the flare to 
improve the heat content of combustion zone gas. Flare supplemental gas 
does not include assist air or assist steam.
    Flare sweep gas means, for a flare with a flare gas recovery system, 
the gas intentionally introduced into the flare header system to 
maintain a constant flow of gas through the flare header in order to 
prevent oxygen buildup in the flare header; flare sweep gas in these 
flares is introduced prior to and recovered by the flare gas recovery 
system. For a flare without a flare gas recovery system, flare sweep gas 
means the gas intentionally introduced into the flare header system to 
maintain a constant flow of gas through the flare header and out the 
flare tip in order to prevent oxygen buildup in the flare header and to 
prevent oxygen infiltration (backflow) into the flare tip.
    Flare vent gas means all gas found just prior to the flare tip. This 
gas includes all flare waste gas (i.e., gas from facility operations 
that is directed to a flare for the purpose of disposing of the gas), 
that portion of flare sweep gas that is not recovered, flare purge gas 
and flare supplemental gas, but does not include pilot gas, total steam 
or assist air.
    Flexible enclosure device means a seal made of an elastomeric fabric 
(or other material) which completely encloses a slotted guidepole or 
ladder and eliminates the vapor emission pathway from inside the storage 
vessel through the guidepole slots or ladder slots to the outside air.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in a line.
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a pressure relief device or discharged via a flare, that 
is demonstrated to the satisfaction of the Administrator to result from 
an event beyond the refinery owner or operator's control, such as 
natural disasters; acts of war or terrorism; loss of a utility external 
to the refinery (e.g., external power curtailment), excluding power 
curtailment due to an interruptible service agreement; and fire or 
explosion originating at a near or adjoining facility outside of the 
refinery that impacts the refinery's ability to operate.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them

[[Page 61]]

with sources of gas, if available, and transports the blended gaseous 
fuel at suitable pressures for use as fuel in heaters, furnaces, 
boilers, incinerators, gas turbines, and other combustion devices 
located within or outside of the refinery. The fuel is piped directly to 
each individual combustion device, and the system typically operates at 
pressures over atmospheric. The gaseous streams can contain a mixture of 
methane, light hydrocarbons, hydrogen and other miscellaneous species.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater that is used as a fuel for internal combustion engines.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff 
valves, relief valves, and other piping and valves necessary to fill 
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or local 
law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination 
of HAP annually after August 18, 1999, or a vessel at a new source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day for 
existing sources and 6.8 kilograms per day for new sources at the outlet 
of the final recovery device (if any) and prior to any control device 
and prior to discharge to the atmosphere.
    Group 1 storage vessel means:
    (1) Prior to February 1, 2016:
    (i) A storage vessel at an existing source that has a design 
capacity greater than or equal to 177 cubic meters and stored-liquid 
maximum true vapor pressure greater than or equal to 10.4 kilopascals 
and stored-liquid annual average true vapor pressure greater than or 
equal to 8.3 kilopascals and annual average HAP liquid concentration 
greater than 4 percent by weight total organic HAP;
    (ii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 151 cubic meters and stored-liquid 
maximum true vapor pressure greater than or equal to 3.4 kilopascals and 
annual average HAP liquid concentration greater than 2 percent by weight 
total organic HAP; or
    (iii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 76 cubic meters and less than 151 
cubic meters and stored-liquid maximum true vapor pressure greater than 
or equal to 77 kilopascals and annual average HAP liquid concentration 
greater than 2 percent by weight total organic HAP.
    (2) On and after February 1, 2016:
    (i) A storage vessel at an existing source that has a design 
capacity greater than or equal to 151 cubic meters (40,000 gallons) and 
stored-liquid maximum true vapor pressure greater than or equal to 5.2 
kilopascals (0.75 pounds per square inch) and annual average HAP liquid 
concentration greater than 4 percent by weight total organic HAP;
    (ii) A storage vessel at an existing source that has a design 
storage capacity greater than or equal to 76 cubic meters (20,000 
gallons) and less than 151 cubic meters (40,000 gallons) and stored-
liquid maximum true vapor pressure greater than or equal to 13.1 
kilopascals (1.9 pounds per square inch)

[[Page 62]]

and annual average HAP liquid concentration greater than 4 percent by 
weight total organic HAP;
    (iii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 151 cubic meters (40,000 gallons) and 
stored-liquid maximum true vapor pressure greater than or equal to 3.4 
kilopascals (0.5 pounds per square inch) and annual average HAP liquid 
concentration greater than 2 percent by weight total organic HAP; or
    (iv) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 76 cubic meters (20,000 gallons) and 
less than 151 cubic meters (40,000 gallons) and stored-liquid maximum 
true vapor pressure greater than or equal to 13.1 kilopascals (1.9 
pounds per square inch) and annual average HAP liquid concentration 
greater than 2 percent by weight total organic HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum 
refinery with a total annual benzene loading of 10 megagrams per year or 
greater as calculated according to the procedures in 40 CFR 61.342 of 
subpart FF of part 61 that has a flow rate of 0.02 liters per minute or 
greater, a benzene concentration of 10 parts per million by weight or 
greater, and is not exempt from control requirements under the 
provisions of 40 CFR part 61, subpart FF.
    Group 2 gasoline loading rack means a gasoline loading rack 
classified under Standard Industrial Classification code 2911 that does 
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not 
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process 
vent that does not meet the definition of a Group 1 miscellaneous 
process vent.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of Group 1 wastewater stream.
    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    Heat exchange system means a device or collection of devices used to 
transfer heat from process fluids to water without intentional direct 
contact of the process fluid with the water (i.e., non-contact heat 
exchanger) and to transport and/or cool the water in a closed-loop 
recirculation system (cooling tower system) or a once-through system 
(e.g., river or pond water). For closed-loop recirculation systems, the 
heat exchange system consists of a cooling tower, all petroleum refinery 
process unit heat exchangers that are in organic HAP service, as defined 
in this subpart, serviced by that cooling tower, and all water lines to 
and from these petroleum refinery process unit heat exchangers. For 
once-through systems, the heat exchange system consists of all heat 
exchangers that are in organic HAP service, as defined in this subpart, 
servicing an individual petroleum refinery process unit and all water 
lines to and from these heat exchangers. Sample coolers or pump seal 
coolers are not considered heat exchangers for the purpose of this 
definition and are not part of the heat exchange system. Intentional 
direct contact with process fluids results in the formation of a 
wastewater.
    Heat exchanger exit line means the cooling water line from the exit 
of one or more heat exchangers (where cooling water leaves the heat 
exchangers) to either the entrance of the cooling tower return line or 
prior to exposure to the atmosphere, in, as an example, a once-through 
cooling system, whichever occurs first.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion 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.

[[Page 63]]

    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec.  60.593(d) of part 
60, subpart GGG.
    In organic hazardous air pollutant service or in organic HAP service 
means that a piece of equipment either contains or contacts a fluid 
(liquid or gas) that is at least 5 percent by weight of total organic 
HAP as determined according to the provisions of Sec.  63.180(d) of this 
part and table 1 of this subpart. The provisions of Sec.  63.180(d) also 
specify how to determine that a piece of equipment is not in organic HAP 
service.
    Leakless valve means a valve that has no external actuating 
mechanism.
    Lower steam means the portion of assist steam piped to an exterior 
annular ring near the lower part of a flare tip, which then flows 
through tubes to the flare tip, and ultimately exits the tubes at the 
flare tip.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec.  63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged from a petroleum refining process unit meeting 
the criteria specified in Sec.  63.640(a). Miscellaneous process vents 
include gas streams that are discharged directly to the atmosphere, gas 
streams that are routed to a control device prior to discharge to the 
atmosphere, or gas streams that are diverted through a product recovery 
device prior to control or discharge to the atmosphere. Miscellaneous 
process vents include vent streams from: Caustic wash accumulators, 
distillation tower condensers/accumulators, flash/knockout drums, 
reactor vessels, scrubber overheads, stripper overheads, vacuum pumps, 
steam ejectors, hot wells, high point bleeds, wash tower overheads, 
water wash accumulators, blowdown condensers/accumulators, and delayed 
coker vents. Miscellaneous process vents do not include:
    (1) Gaseous streams routed to a fuel gas system, provided that on 
and after January 30, 2019, any flares receiving gas from the fuel gas 
system are in compliance with Sec.  63.670;
    (2) Pressure relief device discharges;
    (3) Leaks from equipment regulated under Sec.  63.648;
    (4) [Reserved]
    (5) In situ sampling systems (onstream analyzers) until February 1, 
2016. After this date, these sampling systems will be included in the 
definition of miscellaneous process vents and sampling systems 
determined to be Group 1 miscellaneous process vents must comply with 
the requirements in Sec. Sec.  63.643 and 63.644 no later than January 
30, 2019;
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers, 
incinerators, and electrostatic precipitators applied to catalytic 
cracking unit catalyst regeneration vents, catalytic reformer 
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the 
wastewater provisions of this subpart, subpart G of this part, or 40 CFR 
part 61, subpart FF;
    (11) Emissions associated with delayed coking unit decoking 
operations;
    (12) Vents from storage vessels;
    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains; and
    (14) Hydrogen production plant vents through which carbon dioxide is 
removed from process streams or through which steam condensate produced 
or

[[Page 64]]

treated within the hydrogen plant is degassed or deaerated.
    Net heating value means the energy released as heat when a compound 
undergoes complete combustion with oxygen to form gaseous carbon dioxide 
and gaseous water (also referred to as lower heating value).
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Perimeter assist air means the portion of assist air introduced at 
the perimeter of the flare tip or above the flare tip. Perimeter assist 
air includes air intentionally entrained in lower and upper steam. 
Perimeter assist air includes all assist air except premix assist air.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations, maintenance activities, startups, 
shutdowns, malfunctions, or process upsets.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or 
mixtures of one and two ring aromatic hydrocarbons.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units also include sulfur plants.
    Pilot gas means gas introduced into a flare tip that provides a 
flame to ignite the flare vent gas.
    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.
    Premix assist air means the portion of assist air that is introduced 
to the flare vent gas, whether injected or induced, prior to the flare 
tip. Premix assist air also includes any air intentionally entrained in 
center steam.
    Pressure relief device means a valve, rupture disk, or similar 
device used only to release an unplanned, nonroutine discharge of gas 
from process equipment in order to avoid safety hazards or equipment 
damage. A pressure relief device discharge can result from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated 
relief valves, rupture disks, and breaking, buckling, or shearing pin 
devices.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw and/or intermediate materials and to manufacture an 
intended product. A process unit includes any associated storage 
vessels. For the purpose of this subpart, process unit includes, but is 
not limited to, chemical manufacturing process units and petroleum 
refining process units.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or

[[Page 65]]

part of a process unit during which it is technically feasible to clear 
process material from a process unit or part of a process unit 
consistent with safety constraints and during which repairs can be 
accomplished. An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours is not considered a process unit shutdown. An unscheduled 
work practice or operational procedure that would stop production from a 
process unit or part of a process unit for a shorter period of time than 
would be required to clear the process unit or part of the process unit 
of materials and start up the unit, or would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not considered a process unit shutdown. The use 
of spare equipment and technically feasible bypassing of equipment 
without stopping production are not considered process unit shutdowns.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a 
vapor collection and processing system used to reduce emissions due to 
the loading of gasoline cargo tanks to 10 milligrams of total organic 
compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor 
collection system and a control device that reduces captured HAP 
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means a 
combustion device used to reduce organic HAP emissions by 98 percent, or 
to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) For Group 1 storage vessels complying with Sec.  63.660:
    (i) An internal floating roof, including an external floating roof 
converted to an internal floating roof, meeting the specifications of 
Sec. Sec.  63.1063(a)(1)(i), (a)(2), and (b) and 63.660(b)(2);
    (ii) An external floating roof meeting the specifications of 
Sec. Sec.  63.1063(a)(1)(ii), (a)(2), and (b) and 63.660(b)(2); or
    (iii) [Reserved]
    (iv) A closed-vent system to a control device that reduces organic 
HAP emissions by 95 percent, or to an outlet concentration of 20 parts 
per million by volume (ppmv).
    (v) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    (2) For all other storage vessels:
    (i) An internal floating roof meeting the specifications of Sec.  
63.119(b) of subpart G except for Sec.  63.119(b)(5) and (6);
    (ii) An external floating roof meeting the specifications of Sec.  
63.119(c) of subpart G except for Sec.  63.119(c)(2);
    (iii) An external floating roof converted to an internal floating 
roof meeting the specifications of Sec.  63.119(d) of subpart G except 
for Sec.  63.119(d)(2); or
    (iv) A closed-vent system to a control device that reduces organic 
HAP emissions by 95 percent, or to an outlet concentration of 20 parts 
per million by volume.
    (v) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Sec. Sec.  61.343 through 61.347 of 
subpart FF of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec.  63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining 
of crude oil and/or petrochemical processes and that is separated for 
use as a fuel in boilers

[[Page 66]]

and process heaters throughout the refinery.
    Regulated material means any stream associated with emission sources 
listed in Sec.  63.640(c) required to meet control requirements under 
this subpart as well as any stream for which this subpart or a cross-
referencing subpart specifies that the requirements for flare control 
devices in Sec.  63.670 must be met.
    Relief valve means a type of pressure relief device that is designed 
to re-close after the pressure relief.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or 
a unit operation (including, but not limited to, a distillation unit or 
reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;
    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5 [deg]C, whichever is greater.
    Thermal expansion relief valve means a pressure relief valve 
designed to protect equipment from excess pressure due to thermal 
expansion of blocked liquid-filled equipment or piping due to ambient 
heating or heat from a heat tracing system. Pressure relief valves 
designed to protect equipment from excess pressure due to blockage 
against a pump or compressor or due to fire contingency are not thermal 
expansion relief valves.
    Total annual benzene means the total amount of benzene in waste 
streams at a facility on an annual basis as determined in Sec.  61.342 
of 40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds excluding methane and ethane measured according to the 
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be 
used alone or in combination with Method 18 to measure TOC as provided 
in Sec.  63.645 of this subpart.
    Total steam means the total of all steam that is supplied to a flare 
and includes, but is not limited to, lower steam, center steam and upper 
steam.
    Upper steam means the portion of assist steam introduced via nozzles 
located on the exterior perimeter of the upper end of the flare tip.
    Wastewater means water or wastewater that, during production or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product and is discharged into any 
individual drain system. Examples are feed tank drawdown; water formed 
during a chemical reaction or used as a reactant; water used to wash 
impurities from organic products or reactants; water used to cool or 
quench organic vapor streams through direct contact; and condensed steam 
from jet

[[Page 67]]

ejector systems pulling vacuum on vessels containing organics.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996; 
62 FR 7938, Feb. 21, 1997; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug. 
18, 1998; 74 FR 55685, Oct. 28, 2008; 78 FR 37146, June 20, 2013; 80 FR 
75239, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60713, Nov. 26, 
2018; 85 FR 6082, Feb. 4, 2020]



Sec.  63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is 
required to apply for a part 70 or part 71 operating permit from the 
appropriate permitting authority. If the EPA has approved a State 
operating permit program under part 70, the permit shall be obtained 
from the State authority. If the State operating permit program has not 
been approved, the source shall apply to the EPA Regional Office 
pursuant to part 71.
    (b) The emission standards set forth in this subpart shall apply at 
all times.
    (c) Table 6 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations 
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures specified in this 
subpart.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled.
    (3) Performance tests shall be conducted according to the provisions 
of Sec.  63.7(e) except that performance tests shall be conducted at 
maximum representative operating capacity for the process. During the 
performance test, an owner or operator shall operate the control device 
at either maximum or minimum representative operating conditions for 
monitored control device parameters, whichever results in lower emission 
reduction. An owner or operator shall not conduct a performance test 
during startup, shutdown, periods when the control device is bypassed or 
periods when the process, monitoring equipment or control device is not 
operating properly. The owner/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 the test was conducted at maximum representative operating 
capacity. 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.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable section or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (e) All applicable records shall be maintained as specified in Sec.  
63.655(i).
    (f) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec.  63.13 of subpart A of 
this part. If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (g) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:

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

where:

EA = Emission rate, megagrams per year, allowed for the 
          source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 miscellaneous process vents, as 
          defined in Sec.  63.641.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
          all Group 2 process vents, as defined in Sec.  63.641.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 storage vessels, as defined in 
          Sec.  63.641.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
          all Group 2 storage vessels, as defined in Sec.  63.641.
[Sigma] EGLR1C = Sum of the residual emissions, megagrams per 
          year, from all Group 1

[[Page 68]]

          gasoline loading racks, as defined in Sec.  63.641.
[Sigma] EGLR2 = Sum of the emissions, megagrams per year, 
          from all Group 2 gasoline loading racks, as defined in Sec.  
          63.641.
(R)[Sigma] EMV1 = Sum of the residual emissions megagrams per 
          year, from all Group 1 marine tank vessels, as defined in 
          Sec.  63.641.
R = 0.03 for existing sources, 0.02 for new sources.
[Sigma] EMV2 = Sum of the emissions, megagrams per year from 
          all Group 2 marine tank vessels, as defined in Sec.  63.641.
[Sigma] EWW1C = Sum of the residual emissions from all Group 
          1 wastewater streams, as defined in Sec.  63.641. This term is 
          calculated for each Group 1 stream according to the equation 
          for EWWic in Sec.  63.652(h)(6).
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater 
          streams, as defined in Sec.  63.641.


The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (h) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (g) of this section.
    (i) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (g) of this section 
by following the procedures specified in paragraph (k) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (l) of this section for 
specified emission points and the procedures specified in paragraph 
(k)(1) of this section.
    (j) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (h) of this section 
only by following the procedures in paragraph (k) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (k) The owner or operator of an existing source may comply, and the 
owner or operator of a new source shall comply, with the applicable 
provisions in Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as specified in Sec.  63.640(h).
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. Sec.  63.648 and/or 63.649, 63.654, 
63.655, 63.657, 63.658, 63.670 and 63.671, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(g) of this section.
    (l) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as applicable according to Sec.  63.640(h), 
by using an emissions averaging compliance approach as long as the 
overall emissions for the source do not exceed the emission level 
specified in paragraph (g) of this section. The owner or operator using 
emissions averaging shall meet the requirements in paragraphs (l)(1) and 
(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average according to the procedures specified 
in Sec.  63.652; and
    (2) Comply with the requirements of Sec. Sec.  63.648 and/or 63.649, 
63.654, 63.652, 63.653, 63.655, 63.657, 63.658, 63.670 and 63.671, as 
applicable.
    (m) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (k) of this section to comply 
with the emission standard in paragraph (g) of this section. Such a 
restriction would preclude the source from using an emissions averaging 
compliance approach.
    (n) 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 operator 
to make any further efforts to reduce emissions if levels required by 
the applicable standard have been achieved. Determination of

[[Page 69]]

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.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29879, June 12, 1996; 74 FR 55685, Oct. 28, 2009; 80 FR 75242, Dec. 
1, 2015]



Sec.  63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent as 
defined in Sec.  63.641 shall comply with the requirements of either 
paragraph (a)(1) or (2) of this section or, if applicable, paragraph (c) 
of this section. The owner or operator of a miscellaneous process vent 
that meets the conditions in paragraph (c) of this section is only 
required to comply with the requirements of paragraph (c) of this 
section and Sec.  63.655(g)(13) and (i)(12) for that vent.
    (1) Reduce emissions of organic HAP's using a flare. On and after 
January 30, 2019, the flare shall meet the requirements of Sec.  63.670. 
Prior to January 30, 2019, the flare shall meet the requirements of 
Sec.  63.11(b) of subpart A or the requirements of Sec.  63.670.
    (2) Reduce emissions of organic HAP's, using a control device, by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent. Compliance can be determined by measuring either organic 
HAP's or TOC's using the procedures in Sec.  63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device, or in a location such 
that the required percent reduction or concentration is achieved. 
Testing and monitoring is required only as specified in Sec. Sec.  
63.644(a) and 63.645 of this subpart.
    (c) An owner or operator may designate a process vent as a 
maintenance vent if the vent is only used as a result of startup, 
shutdown, maintenance, or inspection of equipment where equipment is 
emptied, depressurized, degassed or placed into service. The owner or 
operator does not need to designate a maintenance vent as a Group 1 or 
Group 2 miscellaneous process vent nor identify maintenance vents in a 
Notification of Compliance Status report. The owner or operator must 
comply with the applicable requirements in paragraphs (c)(1) through (3) 
of this section for each maintenance vent according to the compliance 
dates specified in table 11 of this subpart, unless an extension is 
requested in accordance with the provisions in Sec.  63.6(i).
    (1) Prior to venting to the atmosphere, process liquids are removed 
from the equipment as much as practical and the equipment is depressured 
to a control device meeting requirements in paragraphs (a)(1) or (2) of 
this section, a fuel gas system, or back to the process until one of the 
following conditions, as applicable, is met.
    (i) The vapor in the equipment served by the maintenance vent has a 
lower explosive limit (LEL) of less than 10 percent.
    (ii) If there is no ability to measure the LEL of the vapor in the 
equipment based on the design of the equipment, the pressure in the 
equipment served by the maintenance vent is reduced to 5 pounds per 
square inch gauge (psig) or less. Upon opening the maintenance vent, 
active purging of the equipment cannot be used until the LEL of the 
vapors in the maintenance vent (or inside the equipment if the 
maintenance is a hatch or similar type of opening) is less than 10 
percent.
    (iii) The equipment served by the maintenance vent contains less 
than 72 pounds of total volatile organic compounds (VOC).
    (iv) If the maintenance vent is associated with equipment containing 
pyrophoric catalyst (e.g., hydrotreaters and hydrocrackers) and a pure 
hydrogen supply is not available at the equipment at the time of the 
startup, shutdown, maintenance, or inspection activity, the LEL of the 
vapor in the

[[Page 70]]

equipment must be less than 20 percent, except for one event per year 
not to exceed 35 percent.
    (v) If, after applying best practices to isolate and purge equipment 
served by a maintenance vent, none of the applicable criterion in 
paragraphs (c)(1)(i) through (iv) of this section can be met prior to 
installing or removing a blind flange or similar equipment blind, the 
pressure in the equipment served by the maintenance vent is reduced to 2 
psig or less. Active purging of the equipment may be used provided the 
equipment pressure at the location where purge gas is introduced remains 
at 2 psig or less.
    (2) Except for maintenance vents complying with the alternative in 
paragraph (c)(1)(iii) of this section, the owner or operator must 
determine the LEL or, if applicable, equipment pressure using process 
instrumentation or portable measurement devices and follow procedures 
for calibration and maintenance according to manufacturer's 
specifications.
    (3) For maintenance vents complying with the alternative in 
paragraph (c)(1)(iii) of this section, the owner or operator shall 
determine mass of VOC in the equipment served by the maintenance vent 
based on the equipment size and contents after considering any contents 
drained or purged from the equipment. Equipment size may be determined 
from equipment design specifications. Equipment contents may be 
determined using process knowledge.
    (d) After February 1, 2016 and prior to the date of compliance with 
the maintenance vent provisions in paragraph (c) of this section, the 
owner or operator must comply with the requirements in Sec.  63.642(n) 
for each maintenance venting event and maintain records necessary to 
demonstrate compliance with the requirements in Sec.  63.642(n) 
including, if appropriate, records of existing standard site procedures 
used to deinventory equipment for safety purposes.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75242, Dec. 1, 2015; 81 
FR 45241, July 13, 2016; 83 FR 60714, Nov. 26, 2018; 85 FR 6082, Feb. 4, 
2020]



Sec.  63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 miscellaneous process vent that uses a 
combustion device to comply with the requirements in Sec.  63.643(a) 
shall install the monitoring equipment specified in paragraph (a)(1), 
(2), (3), or (4) of this section, depending on the type of combustion 
device used. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment will monitor accurately and, except for CPMS installed for 
pilot flame monitoring, must meet the applicable minimum accuracy, 
calibration and quality control requirements specified in table 13 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, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used prior to January 30, 2019, a device 
(including but not limited to a thermocouple, an ultraviolet beam 
sensor, or an infrared sensor) capable of continuously detecting the 
presence of a pilot flame is required, or the requirements of Sec.  
63.670 shall be met. Where a flare is used on and after January 30, 
2019, the requirements of Sec.  63.670 shall be met.
    (3) Any boiler or process heater with a design heat input capacity 
greater than or equal to 44 megawatt or any boiler or process heater in 
which all vent streams are introduced into the flame zone is exempt from 
monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat 
capacity where the vent stream is not introduced into the flame zone is 
required to

[[Page 71]]

use a temperature monitoring device in the firebox equipped with a 
continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent may 
request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec.  63.655(h). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, process 
heater, or flare; or
    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) of 
this section either directly to the atmosphere or to a control device 
that does not comply with the requirements in Sec.  63.643(a) shall 
comply with either paragraph (c)(1), (2), or (3) of this section. Use of 
the bypass at any time to divert a Group 1 miscellaneous process vent 
stream to the atmosphere or to a control device that does not comply 
with the requirements in Sec.  63.643(a) is an emissions standards 
violation. Equipment such as low leg drains and equipment subject to 
Sec.  63.648 are not subject to this paragraph (c).
    (1) Install, calibrate and maintain a flow indicator that determines 
whether a vent stream flow is present at least once every hour. A manual 
block valve equipped with a valve position indicator may be used in lieu 
of a flow indicator, as long as the valve position indicator is 
monitored continuously. Records shall be generated as specified in Sec.  
63.655(h) and (i). The flow indicator shall be installed at the entrance 
to any bypass line that could divert the vent stream away from the 
control device to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the non-diverting 
position and that the vent stream is not diverted through the bypass 
line; or
    (3) Use a cap, blind flange, plug, or a second valve for an open-
ended valve or line following the requirements specified in Sec.  
60.482-6(a)(2), (b) and (c).
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec.  63.655(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a manner 
that constitutes a period of excess emissions, as defined in Sec.  
63.655(g)(6), or failure to perform procedures required by this section 
shall constitute a violation of the applicable emission standard of this 
subpart.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, 
Dec. 1, 2015; 83 FR 60714, Nov. 26, 2018]



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

    (a) To demonstrate compliance with Sec.  63.643, an owner or 
operator shall follow Sec.  63.116 except for Sec.  63.116 (a)(1), (d) 
and (e) of subpart G of this part except as provided in paragraphs (b) 
through (d) and paragraph (i) of this section.
    (b) All references to Sec.  63.113(a)(1) or (a)(2) in Sec.  63.116 
of subpart G of this part shall be replaced with Sec.  63.643(a)(1) or 
(a)(2), respectively.
    (c) In Sec.  63.116(c)(4)(ii)(C) of subpart G of this part, organic 
HAP's in the list of HAP's in table 1 of this subpart shall be 
considered instead of the organic HAP's in table 2 of subpart F of this 
part.
    (d) All references to Sec.  63.116(b)(1) or (b)(2) shall be replaced 
with paragraphs (d)(1) and (d)(2) of this section, respectively.

[[Page 72]]

    (1) Any boiler or process heater with a design heat input capacity 
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are 
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified 
under paragraph (f) of this section, the sampling site shall be after 
the last product recovery device (as defined in Sec.  63.641 of this 
subpart) (if any recovery devices are present) but prior to the inlet of 
any control device (as defined in Sec.  63.641 of this subpart) that is 
present, prior to any dilution of the process vent stream, and prior to 
release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A-1, as appropriate, 
shall be used for selection of the sampling site. For vents smaller than 
0.10 meter in diameter, sample at the center of the vent.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner or 
operator seeking to demonstrate that a process vent TOC mass flow rate 
is less than 33 kilograms per day for an existing source or less than 
6.8 kilograms per day for a new source in accordance with the Group 2 
process vent definition of this subpart shall determine the TOC mass 
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, 2D, or 2F of 40 CFR part 60, appendix A-1 or Method 2G of 40 
CFR part 60, appendix A-2, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:

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

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

where:

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

[[Page 73]]

Mj = Molecular weight of organic compound j, gram per gram-
          mole.
Qs = Vent stream flow rate, dry standard cubic meters per 
          minute, at a temperature of 20 [deg]C.

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

ETOC = K2CTOCMQs

where:

ETOC = Emission rate of TOC (minus methane and ethane) in the 
          sample, kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram 
          per gram)(minute per day), where the standard temperature 
          (standard cubic meter) is at 20 [deg]C.
CTOC = Concentration of TOC on a dry basis in parts per 
          million volume as measured by Method 25A of 40 CFR part 60, 
          appendix A, as indicated in paragraph (f)(3) of this section.
M = Molecular weight of organic compound used to express units of 
          CTOC, gram per gram-mole.
Qs = Vent stream flow rate, dry standard cubic meters per 
          minute, at a temperature of 20 [deg]C.

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

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, 
Dec. 1, 2015]



Sec.  63.646  Storage vessel provisions.

    Upon a demonstration of compliance with the standards in Sec.  
63.660 by the compliance dates specified in Sec.  63.640(h), the 
standards in this section shall no longer apply.
    (a) Each owner or operator of a Group 1 storage vessel subject to 
this

[[Page 74]]

subpart shall comply with the requirements of Sec. Sec.  63.119 through 
63.121 except as provided in paragraphs (b) through (l) of this section.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in 40 CFR part 63, subparts A or G. 
The Group 1 storage vessel definition presented in Sec.  63.641 shall 
apply in lieu of the Group 1 storage vessel definitions presented in 
tables 5 and 6 of Sec.  63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgment or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
an appropriate method (based on the type of liquid stored) as published 
by EPA or a consensus-based standards organization shall be used. 
Consensus-based standards organizations include, but are not limited to, 
the following: ASTM International (100 Barr Harbor Drive, P.O. Box 
CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, 
http://www.astm.org), the American National Standards Institute (ANSI, 
1819 L Street NW., 6th floor, Washington, DC 20036, (202) 293-8020, 
http://www.ansi.org), the American Gas Association (AGA, 400 North 
Capitol Street NW., 4th Floor, Washington, DC 20001, (202) 824-7000, 
http://www.aga.org), the American Society of Mechanical Engineers (ASME, 
Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://
www.asme.org), the American Petroleum Institute (API, 1220 L Street NW., 
Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the 
North American Energy Standards Board (NAESB, 801 Travis Street, Suite 
1675, Houston, TX 77002, (713) 356-0060, http://www.naesb.org).
    (c) The following paragraphs do not apply to storage vessels at 
existing sources subject to this subpart: Sec.  63.119 (b)(5), (b)(6), 
(c)(2), and (d)(2).
    (d) References shall apply as specified in paragraphs (d)(1) through 
(d)(10) of this section.
    (1) All references to Sec.  63.100(k) of subpart F of this part (or 
the schedule provisions and the compliance date) shall be replaced with 
Sec.  63.640(h),
    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec.  63.100 
of subpart F shall be replaced with Sec.  63.640 (h) through (m).
    (5) All references to Sec.  63.150 in Sec.  63.119 of subpart G of 
this part shall be replaced with Sec.  63.652.
    (6) All references to Sec.  63.113(a)(2) of subpart G shall be 
replaced with Sec.  63.643(a)(2) of this subpart.
    (7) All references to Sec.  63.126(b)(1) of subpart G shall be 
replaced with Sec.  63.422(b) of subpart R of this part.
    (8) All references to Sec.  63.128(a) of subpart G shall be replaced 
with Sec.  63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec.  63.139(d)(1) in Sec.  63.120(d)(1)(ii) 
of subpart G are not applicable. For sources subject to this subpart, 
such references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec.  63.139(c) in Sec.  63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec.  63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec.  63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath

[[Page 75]]

the rim seal exceeds the manufacturer's recommended setting.
    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating except when the roof is being floated off or is being 
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (h) References in Sec. Sec.  63.119 through 63.121 to Sec.  
63.122(g)(1), Sec.  63.151, and references to initial notification 
requirements do not apply.
    (i) References to the Implementation Plan in Sec.  63.120, 
paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification 
of Compliance Status report.
    (j) References to the Notification of Compliance Status report in 
Sec.  63.152(b) mean the Notification of Compliance Status required by 
Sec.  63.655(f).
    (k) References to the Periodic Reports in Sec.  63.152(c) mean the 
Periodic Report required by Sec.  63.655(g).
    (l) The State or local permitting authority can waive the 
notification requirements of Sec. Sec.  63.120(a)(5), 63.120(a)(6), 
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage 
vessels at petroleum refineries subject to this subpart. The State or 
local permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notifications in Sec.  
63.120(a)(6) or Sec.  63.120(b)(10)(iii) for all storage vessels at a 
refinery or for individual storage vessels on a case-by-case basis.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
62 FR 7939, Feb. 21, 1997; 74 FR 55685, Oct. 28, 2009; 75 FR 37731, June 
30, 2010; 80 FR 75243, Dec. 1, 2015]



Sec.  63.647  Wastewater provisions.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
each owner or operator of a Group 1 wastewater stream shall comply with 
the requirements of Sec. Sec.  61.340 through 61.355 of this chapter for 
each process wastewater stream that meets the definition in Sec.  
63.641.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in the Clean Air Act or in 40 CFR part 
61, subpart FF, Sec.  61.341.
    (c) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
part 61, subpart FF of this chapter, or the requirements of Sec.  
63.670.
    (d) Each owner or operator required under subpart FF of 40 CFR part 
61 to perform periodic measurement of benzene concentration in 
wastewater, or to monitor process or control device operating parameters 
shall operate in a manner consistent with the minimum or maximum (as 
appropriate) permitted concentration or operating parameter values. 
Operation of the process, treatment unit, or control device resulting in 
a measured concentration or operating parameter value outside the 
permitted limits shall constitute a violation of the emission standards. 
Failure to perform required leak monitoring for closed vent systems and 
control devices or failure to repair leaks within the time period 
specified in subpart FF of 40 CFR part 61 shall constitute a violation 
of the standard.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75244, Dec. 1, 2015]



Sec.  63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60, subpart VV, and paragraph (b) of this section except as 
provided in paragraphs (a)(1) through (3), and (c) through (j) of this 
section. Each owner or operator of a new source subject to the 
provisions of this subpart shall comply with subpart H of this part 
except as provided in paragraphs (c) through (j) of this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec.  63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all subsequent 
calculations shall be on the same basis unless a permit change is made.

[[Page 76]]

    (3) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
part 60, subpart VV of this chapter, or the requirements of Sec.  
63.670.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by the 
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec.  60.485(b) of 40 CFR part 60, subpart VV or Sec.  
63.180(b)(1) through (b)(5) of subpart H of this part except for minor 
departures.
    (2) Departures from the criteria specified in Sec.  60.485(b) of 40 
CFR part 60 subpart VV or Sec.  63.180(b)(1) through (b)(5) of subpart H 
of this part or from the monitoring frequency specified in subpart VV or 
in paragraph (c) of this section (such as every 6 weeks instead of 
monthly or quarterly) are minor and do not significantly affect the 
quality of the data. An example of a minor departure is monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly). Failure to use a calibrated instrument is not considered 
a minor departure.
    (c) In lieu of complying with the existing source provisions of 
paragraph (a) in this section, an owner or operator may elect to comply 
with the requirements of Sec. Sec.  63.161 through 63.169, 63.171, 
63.172, 63.175, 63.176, 63.177, 63.179, and 63.180 except as provided in 
paragraphs (c)(1) through (12) and (e) through (j) of this section.
    (1) The instrument readings that define a leak for light liquid 
pumps subject to Sec.  63.163 of subpart H of this part and gas/vapor 
and light liquid valves subject to Sec.  63.168 of subpart H of this 
part are specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may 
monitor valves for leaks as specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors, 
then the owner or operator shall monitor valves according to the 
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according 
to the provisions of Sec.  63.649, paragraphs (b), (c), or (d), then the 
owner or operator shall monitor valves at the frequencies specified in 
table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first 
required monitoring period after the phase I compliance date specified 
in Sec.  63.640(h) whether to calculate the percentage leaking valves on 
a process unit basis or on a sourcewide basis. Once the owner or 
operator has decided, all subsequent calculations shall be on the same 
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first 
monitoring period after the phase III compliance date specified in Sec.  
63.640(h) whether to monitor connectors according to the provisions in 
Sec.  63.649, paragraphs (b), (c), or (d).
    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec.  63.169 of subpart H of this part (except for the agitator 
provisions). The leak definition for valves, connectors, and 
instrumentation systems subject to Sec.  63.169 is 1,000 parts per 
million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.

[[Page 77]]

    (9) When complying with the requirements of Sec.  63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being leakless, the owner or operator has the option of following the 
provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to 
comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt 
from the valve monitoring provisions of Sec.  63.168 of subpart H of 
this part.
    (11) [Reserved]
    (12) If a flare is used as a control device, on and after January 
30, 2019, the flare shall meet the requirements of Sec.  63.670. Prior 
to January 30, 2019, the flare shall meet the applicable requirements of 
Sec. Sec.  63.172 and 63.180, or the requirements of Sec.  63.670.
    (d) Upon startup of new sources, the owner or operator shall comply 
with Sec.  63.163(a)(1)(ii) of subpart H of this part for light liquid 
pumps and Sec.  63.168(a)(1)(ii) of subpart H of this part for gas/vapor 
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service and agitators in 
heavy liquid service, owners and operators are not required to comply 
with the requirements in Sec.  63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from 
Sec. Sec.  63.163 and 60.482 if recasting the distance piece or 
reciprocating pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the requirements 
of paragraphs (a) and (c) of this section if an owner or operator 
demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service, 
it must be determined that the percentage hydrogen content can be 
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in 
the process fluid that is contained in or contacts a compressor, the 
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec.  60.593(b)(2) 
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content 
exceeds 50 percent by volume, provided the engineering judgment 
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, the procedures in 
paragraph (g)(2)(i)(A) of this section shall be used to resolve the 
disagreement.
    (2) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination can be revised only by following 
the procedures in paragraph (g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.
    (j) Except as specified in paragraph (j)(4) of this section, the 
owner or operator must comply with the requirements specified in 
paragraphs (j)(1) and (2) of this section for pressure relief devices, 
such as relief valves or rupture disks, in organic HAP gas or vapor 
service instead of the pressure relief device requirements of Sec.  
60.482-4 of this chapter, Sec.  60.482-4a of this chapter, or Sec.  
63.165, as applicable. Except as specified in paragraphs (j)(4) and (5) 
of this

[[Page 78]]

section, the owner or operator must also comply with the requirements 
specified in paragraph (j)(3) of this section for all pressure relief 
devices in organic HAP service.
    (1) Operating requirements. Except during a pressure release, 
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-7.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, the owner or operator must comply with 
the applicable requirements in paragraphs (j)(2)(i) through (iii) of 
this section following a pressure release.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as specified in Sec.  
60.485(c) of this chapter, Sec.  60.485a(c) of this chapter, or Sec.  
63.180(c), as applicable, no later than 5 calendar days after the 
pressure relief device returns to organic HAP gas or vapor service 
following a pressure release to verify that the pressure relief device 
is operating with an instrument reading of less than 500 ppm.
    (ii) If the pressure relief device includes a rupture disk, either 
comply with the requirements in paragraph (j)(2)(i) of this section (not 
replacing the rupture disk) or install a replacement disk as soon as 
practicable after a pressure release, but no later than 5 calendar days 
after the pressure release. The owner or operator must conduct 
instrument monitoring, as specified in Sec.  60.485(c) of this chapter, 
Sec.  60.485a(c) of this chapter or Sec.  63.180(c), as applicable, no 
later than 5 calendar days after the pressure relief device returns to 
organic HAP gas or vapor service following a pressure release to verify 
that the pressure relief device is operating with an instrument reading 
of less than 500 ppm.
    (iii) If the pressure relief device consists only of 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. 
The owner or operator may not initiate startup of the equipment served 
by the rupture disk until the rupture disc is replaced. The owner or 
operator must conduct instrument monitoring, as specified in Sec.  
60.485(c) of this chapter, Sec.  60.485a(c) of this chapter, or Sec.  
63.180(c), as applicable, no later than 5 calendar days after the 
pressure relief device returns to organic HAP gas or vapor service 
following a pressure release to verify that the pressure relief device 
is operating with an instrument reading of less than 500 ppm.
    (3) Pressure release management. Except as specified in paragraphs 
(j)(4) and (5) of this section, the owner or operator shall comply with 
the requirements specified in paragraphs (j)(3)(i) through (v) of this 
section for all pressure relief devices in organic HAP service no later 
than January 30, 2019.
    (i) The owner or operator must equip each affected pressure relief 
device with a device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) 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.
    (ii) The owner or operator must apply at least three redundant 
prevention measures to each affected pressure relief device and document 
these measures. Examples of prevention measures include:
    (A) Flow, temperature, liquid level and pressure indicators with 
deadman switches, monitors, or automatic actuators. Independent, non-
duplicative systems within this category count as separate redundant 
prevention measures.
    (B) Documented routine inspection and maintenance programs and/or 
operator training (maintenance programs and operator training may count 
as only one redundant prevention measure).
    (C) Inherently safer designs or safety instrumentation systems.

[[Page 79]]

    (D) Deluge systems.
    (E) Staged relief system where initial pressure relief device (with 
lower set release pressure) discharges to a flare or other closed vent 
system and control device.
    (iii) If any affected pressure relief device releases to atmosphere 
as a result of a pressure release event, the owner or operator must 
perform root cause analysis and corrective action analysis according to 
the requirement in paragraph (j)(6) of this section and implement 
corrective actions according to the requirements in paragraph (j)(7) of 
this section. The owner or operator must also calculate the quantity of 
organic HAP released during each pressure release event and report this 
quantity as required in Sec.  63.655(g)(10)(iii). 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) The owner or operator shall determine the total number of 
release events occurred during the calendar year for each affected 
pressure relief device separately. The owner or operator shall also 
determine the total number of release events for each pressure relief 
device for which the root cause analysis concluded that the root cause 
was a force majeure event, as defined in this subpart.
    (v) Except for pressure relief devices described in paragraphs 
(j)(4) and (5) of this section, the following release events from an 
affected pressure relief device are a violation of the pressure release 
management work practice standards:
    (A) Any release event for which the root cause of the event was 
determined to be operator error or poor maintenance.
    (B) A second release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for the same 
root cause for the same equipment.
    (C) A third release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for any 
reason.
    (4) Pressure relief devices routed to a control device. (i) If all 
releases and potential leaks from a pressure relief device are routed 
through a closed vent system to a control device, back into the process 
or to the fuel gas system, the owner or operator is not required to 
comply with paragraph (j)(1), (2), or (3) (if applicable) of this 
section.
    (ii) If a pilot-operated pressure relief device is used and the 
primary release valve is routed through a closed vent system to a 
control device, back into the process or to the fuel gas system, the 
owner or operator is required to comply only with paragraphs (j)(1) and 
(2) of this section for the pilot discharge vent and is not required to 
comply with paragraph (j)(3) of this section for the pilot-operated 
pressure relief device.
    (iii) If a balanced bellows pressure relief device is used and the 
primary release valve is routed through a closed vent system to a 
control device, back into the process or to the fuel gas system, the 
owner or operator is required to comply only with paragraphs (j)(1) and 
(2) of this section for the bonnet vent and is not required to comply 
with paragraph (j)(3) of this section for the balanced bellows pressure 
relief device.
    (iv) Both the closed vent system and control device (if applicable) 
referenced in paragraphs (j)(4)(i) through (iii) of this section must 
meet the requirements of Sec.  63.644. When complying with this 
paragraph (j)(4), all references to ``Group 1 miscellaneous process 
vent'' in Sec.  63.644 mean ``pressure relief device.''
    (v) If a pressure relief device complying with this paragraph (j)(4) 
is routed to the fuel gas system, then on and after January 30, 2019, 
any flares receiving gas from that fuel gas system must be in compliance 
with Sec.  63.670.
    (5) Pressure relief devices exempted from pressure release 
management requirements. The following types of pressure relief devices 
are not subject to the pressure release management requirements in 
paragraph (j)(3) of this section.
    (i) Pressure relief devices in heavy liquid service, as defined in 
Sec.  63.641.
    (ii) Pressure relief devices that only release material that is 
liquid at standard conditions (1 atmosphere and 68 degrees Fahrenheit) 
and that are hard-piped to a controlled drain system (i.e.,

[[Page 80]]

a drain system meeting the requirements for Group 1 wastewater streams 
in Sec.  63.647(a)) or piped back to the process or pipeline.
    (iii) Thermal expansion relief valves.
    (iv) Pressure relief devices designed with a set relief pressure of 
less than 2.5 psig.
    (v) Pressure relief devices that do not have the potential to emit 
72 lbs/day or more of VOC based on the valve diameter, the set release 
pressure, and the equipment contents.
    (vi) Pressure relief devices on mobile equipment.
    (6) Root cause analysis and corrective action analysis. A root cause 
analysis and corrective action analysis must be completed as soon as 
possible, but no later than 45 days after a release event. Special 
circumstances affecting the number of root cause analyses and/or 
corrective action analyses are provided in paragraphs (j)(6)(i) through 
(iv) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices installed on the same equipment to release.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices to release, regardless of the equipment served, 
if the root cause is reasonably expected to be a force majeure event, as 
defined in this subpart.
    (iii) Except as provided in paragraphs (j)(6)(i) and (ii) of this 
section, if more than one pressure relief device has a release during 
the same time period, an initial root cause analysis shall be conducted 
separately for each pressure relief device that had a release. If the 
initial root cause analysis indicates that the release events have the 
same root cause(s), the initially separate root cause analyses may be 
recorded as a single root cause analysis and a single corrective action 
analysis may be conducted.
    (7) Corrective action implementation. Each owner or operator 
required to conduct a root cause analysis and corrective action analysis 
as specified in paragraphs (j)(3)(iii) and (j)(6) of this section shall 
implement the corrective action(s) identified in the corrective action 
analysis in accordance with the applicable requirements in paragraphs 
(j)(7)(i) through (iii) of this section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If an owner or operator 
concludes that no corrective action should be implemented, the owner or 
operator shall record and explain the basis for that conclusion no later 
than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, the owner or 
operator shall record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 80 FR 75244, Dec. 1, 2015; 81 FR 45241, July 
13, 2016; 83 FR 60714, Nov. 26, 2018; 85 FR 6082, Feb. 4, 2020]



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

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec.  63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec.  63.174 
of subpart H. The sampling program shall be implemented source-wide.

[[Page 81]]

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

[[Page 82]]

    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:

% CL = [(CL-CAN)/Ct + 
Cc)] x 100

where:

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

    (ii) Nonrepairable connectors shall be included in the calculation 
of percentage leaking connectors the first time the connector is 
identified as leaking and nonrepairable. Otherwise, a number of 
nonrepairable connectors up to a maximum of 1 percent per year of the 
total number of connectors in organic HAP service up to a maximum of 3 
percent may be excluded from calculation of percentage leaking 
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent of 
the total number of connectors in organic HAP service, the number of 
nonrepairable connectors exceeding 3 percent of the total number shall 
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (d) Subpart H program. The owner or operator shall implement a 
program to comply with the provisions in Sec.  63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been detected 
is allowed if repair is not technically feasible by normal repair 
techniques without a process unit shutdown. Repair of this equipment 
shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from 
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are accomplished, the purged material 
would be collected and destroyed or recovered in a control device.
    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75245, Dec. 1, 2015]



Sec.  63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a Group 1 gasoline loading rack 
classified under Standard Industrial Classification code 2911 located 
within a contiguous area and

[[Page 83]]

under common control with a petroleum refinery shall comply with subpart 
R of this part, Sec. Sec.  63.421, 63.422(a) through (c) and (e), 
63.425(a) through (c) and (e) through (i), 63.427(a) and (b), and 
63.428(b), (c), (g)(1), (h)(1) through (3), and (k).
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec.  63.641 definition of ``affected source'' applies 
under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec.  63.640(h).
    (d) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
subpart R of this part, or the requirements of Sec.  63.670.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
74 FR 55685, Oct. 28, 2009; 80 FR 75245, Dec. 1, 2015]



Sec.  63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (e) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Sec. Sec.  63.560 through 63.568.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart Y. The Sec.  63.641 definition of ``affected source'' applies 
under this section.
    (c) The notification reports under Sec.  63.567(b) are not required.
    (d) The compliance time of 4 years after promulgation of 40 CFR part 
63, subpart Y, does not apply. The compliance time is specified in Sec.  
63.640(h)(1).
    (e) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
subpart Y of this part, or the requirements of Sec.  63.670.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
74 FR 55685, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015]



Sec.  63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec.  63.642(g) by 
using emissions averaging according to Sec.  63.642(l) rather than 
following the provisions of Sec. Sec.  63.643 through 63.645, 63.646 or 
63.660, 63.647, 63.650, and 63.651. Existing marine tank vessel loading 
operations located at the Valdez Marine Terminal source may not comply 
with the standard by using emissions averaging.
    (b) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in Sec.  
63.653(d) for all points to be included in an emissions average. The 
Implementation Plan shall identify all emission points to be included in 
the emissions average. This must include any Group 1 emission points to 
which the reference control technology (defined in Sec.  63.641) is not 
applied and all other emission points being controlled as part of the 
average.
    (c) The following emission points can be used to generate emissions 
averaging credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 
gasoline loading racks, Group 1 marine tank vessels, and Group 1 
miscellaneous process vents that are controlled by a technology that the 
Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the

[[Page 84]]

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

[[Page 85]]

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

Debits and all terms of the equation are in units of megagrams per 
          month, and
EPViACTUAL = Emissions from each Group 1 miscellaneous 
          process vent i that is uncontrolled or is controlled to a 
          level less stringent than the reference control technology. 
          This is calculated according to paragraph (g)(2) of this 
          section.
(0.02) EPViu = Emissions from each Group 1 miscellaneous 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions, calculated according to 
          paragraph (g)(2) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that 
          is uncontrolled or is controlled to a level less stringent 
          than the reference control technology. This is calculated 
          according to paragraph (g)(3) of this section.
(0.05) ESiu = Emissions from each Group 1 storage vessel i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (g)(3) of this section.
EGLRiACTUAL = Emissions from each Group 1 gasoline loading 
          rack i that is uncontrolled or is controlled to a level less 
          stringent than the reference control technology. This is 
          calculated according to paragraph (g)(4) of this section.

[[Page 86]]

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

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

where:

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

    (A) The values of Q, Cj, and Mj shall be 
determined during a performance test conducted under representative 
operating conditions. The values of Q, Cj, and Mj 
shall be established in the Notification of Compliance Status report and 
must be updated as provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Q, Cj, and 
Mj. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where 
EPViu is calculated according to the procedures in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec.  63.116 of subpart G if a combustion control device 
is used. For a flare

[[Page 87]]

meeting the criteria in Sec.  63.116(a) of subpart G or Sec.  63.670, as 
applicable, or a boiler or process heater meeting the criteria in Sec.  
63.645(d) or Sec.  63.116(b) of subpart G, the percentage of reduction 
shall be 98 percent. If a noncombustion control device is used, 
percentage of reduction shall be demonstrated by a performance test at 
the inlet and outlet of the device, or, if testing is not feasible, by a 
control design evaluation and documented engineering calculations.
    (2) For determining debits from miscellaneous process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percentage of reduction in calculating EPViACTUAL. 
The sampling site for measurement of uncontrolled emissions is after the 
final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec.  63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.005

where:

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

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

where:

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

[GRAPHIC] [TIFF OMITTED] TR18AU95.007

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

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

where:

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

    (iv) The following equation shall be used for each gasoline loading 
rack i to calculate the monthly weighted rack bulk liquid loading 
temperature:
[GRAPHIC] [TIFF OMITTED] TR18AU95.009

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

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

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


[[Page 88]]


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

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

where:

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

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

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec.  
63.565(d) of subpart Y. If testing is not feasible, the percentage of 
reduction shall be determined through a design evaluation according to 
the procedures specified in Sec.  63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled

[[Page 89]]

after November 15, 1990 to a level more stringent than what is required 
by this subpart or any other State or Federal rule or statute. Credits 
shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:
    [GRAPHIC] [TIFF OMITTED] TR12JN96.000
    
where:

Credits and all terms of the equation are in units of megagrams per 
          month, the baseline date is November 15, 1990, and
D = Discount factor = 0.9 for all credit-generating emission points 
          except those controlled by a pollution prevention measure, 
          which will not be discounted.
EPV1iACTUAL = Emissions for each Group 1 miscellaneous 
          process vent i that is controlled to a level more stringent 
          than the reference control technology, calculated according to 
          paragraph (h)(2) of this section.
(0.02) EPV1iu = Emissions from each Group 1 miscellaneous 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions. EPV1iu is 
          calculated according to paragraph (h)(2) of this section.
EPV2iBASE = Emissions from each Group 2 miscellaneous process 
          vent; at the baseline date, as calculated in paragraph (h)(2) 
          of this section.
EPV2iACTUAL = Emissions from each Group 2 miscellaneous 
          process vent that is controlled, calculated according to 
          paragraph (h)(2) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
          that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. ES1iu is calculated 
          according to paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
          that is controlled, calculated according to paragraph (h)(3) 
          of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
          the baseline date, as calculated in paragraph (h)(3) of this 
          section.
EGLR1iACTUAL = Emissions from each Group 1 gasoline loading 
          rack i that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(4) of this section.
EGLRic = Emissions from each Group 1 gasoline loading rack i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. EGLRiu is calculated 
          according to paragraph (h)(4) of this section.
EGRL2iACTUAL = Emissions from each Group 2 gasoline loading 
          rack i that is controlled, calculated according to paragraph 
          (h)(4) of this section.
EGLR2iBASE = Emissions from each Group 2 gasoline loading 
          rack i at the baseline date, as calculated in paragraph (h)(4) 
          of this section.
EMV1iACTUAL = Emissions from each Group 1 marine tank vessel 
          i that is controlled to a level more stringent than the 
          reference

[[Page 90]]

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

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

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

[[Page 91]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.016

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

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE = EPV2iu, and shall be calculated 
according to the procedures and equation for EPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.018
    
where EPV2iu is calculated according to the procedures and 
          equation for EPViu in paragraphs (g)(2)(i) and 
          (g)(2)(ii) of this section. The percentage of reduction shall 
          be calculated according to the procedures specified in 
          paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this 
          section.

    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE = EPV2iu, where EPV2iu is 
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified 
in Sec.  63.150(h)(3) of subpart G, except as follows:
    (i) For storage vessels complying with Sec.  63.646:
    (A) All references to Sec.  63.119(b) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(b) or Sec.  63.119(b) 
except for Sec.  63.119(b)(5) and (6).

[[Page 92]]

    (B) All references to Sec.  63.119(c) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(c) or Sec.  63.119(c) 
except for Sec.  63.119(c)(2).
    (C) All references to Sec.  63.119(d) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(d) or Sec.  63.119(d) 
except for Sec.  63.119(d)(2).
    (ii) For storage vessels complying with Sec.  63.660:
    (A) Section 63.1063(a)(1)(i), (a)(2), and (b) or Sec.  
63.1063(a)(1)(i) and (b) shall apply instead of Sec.  63.119(b) in Sec.  
63.150(h)(3) of subpart G.
    (B) Section 63.1063(a)(1)(ii), (a)(2), and (b) shall apply instead 
of Sec.  63.119(c) in Sec.  63.150(h)(3) of subpart G.
    (C) Section 63.1063(a)(1)(i), (a)(2), and (b) or Sec.  
63.1063(a)(1)(i) and (b) shall apply instead of Sec.  63.119(d) in Sec.  
63.150(h)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be 
calculated according to the procedures and equations in paragraph 
(g)(4)(v) of this section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

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

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


[[Page 93]]


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

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

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

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

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


[[Page 94]]


    (iv) Emissions from Group 2 marine tank vessels at baseline, 
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990, 
EMV2iBASE equals EMV2iu, and shall be calculated 
according to the procedures and equations for EMViu in 
paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.026
    
where EMV2iu is calculated according to the procedures and 
          equations for EMViu in paragraph (g)(5)(i) of this 
          section. Percentage of reduction shall be calculated according 
          to the procedures in paragraphs (g)(5)(ii)(B)(1) and 
          (g)(5)(ii)(B)(2) of this section.

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

where:

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

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

[[Page 95]]

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

Where:

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

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


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


[[Page 96]]


Where:

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


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

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

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

Where:

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

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

[[Page 97]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.033

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

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

Where:

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

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

Where:


[[Page 98]]


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

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

[[Page 99]]

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

Where:

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

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

[[Page 100]]

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

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

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

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

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

[[Page 101]]

or local permitting authority, greater risk to human health or the 
environment than if the emission points were controlled according to the 
provisions in Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as applicable.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and 
operators to use specific methodologies and procedures for making a 
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
may be made according to any guidance that the EPA makes available for 
use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their Implementation Plan.
    (3) An emissions averaging plan that does not demonstrate an 
equivalent or lower hazard or risk to the satisfaction of the State or 
local permitting authority shall not be approved. The State or local 
permitting authority may require such adjustments to the emissions 
averaging plan as are necessary in order to ensure that the average will 
not result in greater hazard or risk to human health or the environment 
than would result if the emission points were controlled according to 
Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 
63.651, as applicable.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting 
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(3)(i) 
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec.  63.655(g)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures for demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the period 
of excess emissions and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.

[60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051, 
Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799, 
June 28, 1996; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015]



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

    (a) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as applicable. The specific requirements for 
miscellaneous process vents, storage vessels, wastewater, gasoline 
loading racks, and marine tank vessels are identified in paragraphs 
(a)(1) through (7) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each miscellaneous process 
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage of 
reduction as specified in Sec.  63.645 of this subpart and Sec.  63.116 
of subpart G; and

[[Page 102]]

    (ii) Monitor the operating parameters specified in Sec.  63.644, as 
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each 
miscellaneous process vent, equipped with a carbon adsorber, absorber, 
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the 
methods specified in Sec.  63.115 (a)(1) and (a)(2), Sec.  63.115 (b)(1) 
and (b)(2), and Sec.  63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec.  63.114 of 
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:
    (i) Perform the monitoring or inspection procedures in Sec.  63.646 
and either Sec.  63.120 of subpart G or Sec.  63.1063 of subpart WW, as 
applicable; and
    (ii) For closed vent systems with control devices, conduct an 
initial design evaluation as specified in Sec.  63.646 and either Sec.  
63.120(d) of subpart G or Sec.  63.985(b) of subpart SS, as applicable.
    (4) For each gasoline loading rack that is controlled, perform the 
testing and monitoring procedures specified in Sec. Sec.  63.425 and 
63.427 of subpart R of this part except Sec.  63.425(d) or Sec.  
63.427(c).
    (5) For each marine tank vessel that is controlled, perform the 
compliance, monitoring, and performance testing, procedures specified in 
Sec. Sec.  63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec.  61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in Sec. Sec.  
61.343 through 61.349 and Sec.  61.354 of 40 CFR part 61, subpart FF.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in 
Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 
63.651, as applicable, the owner or operator shall establish a site-
specific monitoring parameter and shall submit the information specified 
in Sec.  63.655(h)(4) in the Implementation Plan.
    (b) Records of all information required to calculate emission debits 
and credits and records required by Sec.  63.655 shall be retained for 5 
years.
    (c) Notifications of Compliance Status report, Periodic Reports, and 
other reports shall be submitted as required by Sec.  63.655.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec.  63.655(g) and (h) by using emissions averaging for any 
emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted to the Administrator 
and approved prior to implementing emissions averaging. This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, in a 
Notification of Compliance Status Report, in a Periodic Report or in any 
combination of these documents. If an owner or operator submits the 
information specified in paragraph (d)(2) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating the previously submitted 
information.
    (2) The Implementation Plan shall include the information specified 
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all 
points included in the average.
    (i) The identification of all emission points in the planned 
emissions average and notation of whether each emission point is a Group 
1 or Group 2 emission point as defined in Sec.  63.641.
    (ii) The projected annual emission debits and credits for each 
emission point and the sum for the emission points involved in the 
average calculated according to Sec.  63.652. The annual projected 
credits must be greater than the projected debits, as required under 
Sec.  63.652(e)(3).
    (iii) The specific control technology or pollution prevention 
measure that

[[Page 103]]

will be used for each emission point included in the average and date of 
application or expected date of application.
    (iv) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec.  63.652(j)(1) must be met. If the same 
pollution prevention measure reduces or eliminates emissions from 
multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in paragraphs (a), 
(b), and (c) of this section that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (vi) Documentation of the information listed in paragraphs 
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission 
point included in the average.
    (A) The values of the parameters used to determine whether each 
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec.  63.652 (g) and (h). 
These parameter values or, as appropriate, limited ranges for the 
parameter values, shall be specified in the source's Implementation Plan 
as enforceable operating conditions. Changes to these parameters must be 
reported in the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology 
achieving a lower percentage of reduction than the efficiency of the 
reference control technology, as defined in Sec.  63.641, is or will be 
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology 
achieving a greater percentage emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec.  63.652(i) shall be followed to apply for 
a nominal efficiency.
    (vii) The information specified in Sec.  63.655(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in paragraphs (a)(1) or 
(a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention measure 
or a control technique other than an internal or external floating roof 
or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs 
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each process 
wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec.  63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream 
is or will be controlled using a treatment process or series of 
treatment processes that achieves an emission reduction less than or 
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology 
achieving less than or equal to 95 percent emission reduction is or will 
be applied to the vapor stream(s) vented and collected from the 
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention 
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec.  63.652(i). A nominal 
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or 
control

[[Page 104]]

device used to reduce air emissions of organic HAP from wastewater and 
for which no monitoring parameters or inspection procedures are 
specified in Sec.  63.647, the information specified in Sec.  
63.655(h)(4) shall be included in the Implementation Plan.
    (ix) Documentation required in Sec.  63.652(k) demonstrating the 
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted presents sufficient 
information. The Administrator shall either approve the Implementation 
Plan, request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 calendar days.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 31361, June 9, 1998; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 
1, 2015]



Sec.  63.654  Heat exchange systems.

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

[[Page 105]]

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

[[Page 106]]

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

[[Page 107]]

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

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



Sec.  63.655  Reporting and recordkeeping requirements.

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

[[Page 108]]

averages are specified in Sec.  63.653 and in paragraphs (f)(5) and 
(g)(8) of this section.
    (c) Each owner or operator subject to the marine tank vessel loading 
operation standards in Sec.  63.651 shall comply with the recordkeeping 
and reporting provisions in Sec. Sec.  63.567(a) and 63.567(c) through 
(k) of subpart Y. These requirements are summarized in table 5 of this 
subpart. There are no additional reporting and recordkeeping 
requirements for marine tank vessel loading operations under this 
subpart unless marine tank vessel loading operations are included in an 
emissions average. Recordkeeping and reporting for emissions averages 
are specified in Sec.  63.653 and in paragraphs (f)(5) and (g)(8) of 
this section.
    (d) Each owner or operator subject to the equipment leaks standards 
in Sec.  63.648 shall comply with the recordkeeping and reporting 
provisions in paragraphs (d)(1) through (d)(6) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as 
specified in paragraph (d)(1)(i) of this section; or Sec. Sec.  63.181 
and 63.182 of subpart H of this part except for Sec. Sec.  63.182(b), 
(c)(2), and (c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the person 
whose decision it was that a repair could not be effected without a 
process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
    (2) The Notification of Compliance Status report required by Sec.  
63.182(c) of subpart H and the initial semiannual report required by 
Sec.  60.487(b) of 40 CFR part 60, subpart VV shall be submitted within 
150 days of the compliance date specified in Sec.  63.640(h); the 
requirements of subpart H of this part are summarized in table 3 of this 
subpart.
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec.  63.648 shall also keep a 
record of the demonstration required by Sec.  63.648.
    (4) An owner or operator must keep a list of identification numbers 
for valves that are designated as leakless per Sec.  63.648(c)(10).
    (5) An owner or operator must identify, either by list or location 
(area or refining process unit), equipment in organic HAP service less 
than 300 hours per year within refining process units subject to this 
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps and 
compressors determined to be exempt from seal requirements as per 
Sec. Sec.  63.648 (f) and (i).
    (e) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (e)(1) through (e)(3) of this 
section except as provided in paragraph (h)(5) of this section, and 
shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in 
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section; 
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status report within 150 days after 
the compliance dates specified in Sec.  63.640(h) with the exception of 
Notification of Compliance Status reports submitted to comply with Sec.  
63.640(l)(3) and for storage vessels subject to the compliance schedule 
specified in Sec.  63.640(h)(2). Notification of Compliance Status 
reports required by Sec.  63.640(l)(3) and for storage vessels subject 
to the compliance dates specified in Sec.  63.640(h)(2) shall be 
submitted according to paragraph (f)(6) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
or in any combination of the three. If the required information has been 
submitted before the date 150 days after the compliance date specified 
in Sec.  63.640(h), a separate Notification of Compliance Status report 
is not required within 150 days after the compliance dates specified in 
Sec.  63.640(h). If an owner or operator submits the information 
specified in paragraphs (f)(1) through (5) of this section at different 
times, and/or in different submittals,

[[Page 109]]

later submittals may refer to earlier submittals instead of duplicating 
and resubmitting the previously submitted information. Each owner or 
operator of a gasoline loading rack classified under Standard Industrial 
Classification Code 2911 located within a contiguous area and under 
common control with a petroleum refinery subject to the standards of 
this subpart shall submit the Notification of Compliance Status report 
required by subpart R of this part within 150 days after the compliance 
dates specified in Sec.  63.640(h).
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (viii) of this 
section.
    (i) For storage vessels, this report shall include the information 
specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this 
section.
    (A) Identification of each storage vessel subject to this subpart, 
and for each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through (3) of this 
section. This information is to be revised each time a Notification of 
Compliance Status report is submitted for a storage vessel subject to 
the compliance schedule specified in Sec.  63.640(h)(2) or to comply 
with Sec.  63.640(l)(3).
    (1) For each Group 1 storage vessel complying with either Sec.  
63.646 or Sec.  63.660 that is not included in an emissions average, the 
method of compliance (i.e., internal floating roof, external floating 
roof, or closed vent system and control device).
    (2) For storage vessels subject to the compliance schedule specified 
in Sec.  63.640(h)(2) that are not complying with Sec.  63.646 or Sec.  
63.660 as applicable, the anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule specified 
in Sec.  63.640(h)(2) that are complying with Sec.  63.646 or Sec.  
63.660, as applicable, and the Group 1 storage vessels described in 
Sec.  63.640(l), the actual compliance date.
    (B) If a closed vent system and a control device other than a flare 
is used to comply with Sec.  63.646 or Sec.  63.660, the owner or 
operator shall submit:
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed; and either
    (2) The design evaluation documentation specified in Sec.  
63.120(d)(1)(i) of subpart G or Sec.  63.985(b)(1)(i) of subpart SS (as 
applicable), if the owner or operator elects to prepare a design 
evaluation; or
    (3) If the owner or operator elects to submit the results of a 
performance test, identification of the storage vessel and control 
device for which the performance test will be submitted, and 
identification of the emission point(s) that share the control device 
with the storage vessel and for which the performance test will be 
conducted. If the performance test is submitted electronically through 
the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) in 
accordance with Sec.  63.655(h)(9), the process unit(s) tested, the 
pollutant(s) tested, and the date that such performance test was 
conducted may be submitted in the Notification of Compliance Status in 
lieu of the performance test results. The performance test results must 
be submitted to CEDRI by the date the Notification of Compliance Status 
is submitted.
    (C) If a closed vent system and control device other than a flare is 
used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design 
evaluation, results of the performance test demonstrating that the 
control device achieves greater than or equal to the required control 
efficiency. A performance test conducted prior to the compliance date of 
this subpart can be used to comply with this requirement, provided that 
the test was conducted using EPA methods and that the test conditions 
are representative of current operating practices. If the performance 
test is submitted electronically through the EPA's Compliance and 
Emissions Data Reporting Interface in accordance with

[[Page 110]]

Sec.  63.655(h)(9), the process unit(s) tested, the pollutant(s) tested, 
and the date that such performance test was conducted may be submitted 
in the Notification of Compliance Status in lieu of the performance test 
results. The performance test results must be submitted to CEDRI by the 
date the Notification of Compliance Status is submitted.
    (D) If a closed vent system and a flare is used, the owner or 
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.120(e) of subpart G or 
Sec.  63.987(b) of subpart SS or Sec.  63.670(h), as applicable; and
    (3) All periods during the compliance determination when the pilot 
flame is absent.
    (ii) For miscellaneous process vents, identification of each 
miscellaneous process vent subject to this subpart, whether the process 
vent is Group 1 or Group 2, and the method of compliance for each Group 
1 miscellaneous process vent that is not included in an emissions 
average (e.g., use of a flare or other control device meeting the 
requirements of Sec.  63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices 
required to be tested under Sec. Sec.  63.645 and 63.116(c), performance 
test results including the information in paragraphs (f)(1)(iii)(A) and 
(B) of this section. Results of a performance test conducted prior to 
the compliance date of this subpart can be used provided that the test 
was conducted using the methods specified in Sec.  63.645 and that the 
test conditions are representative of current operating conditions. If 
the performance test is submitted electronically through the EPA's 
Compliance and Emissions Data Reporting Interface (CEDRI) in accordance 
with Sec.  63.655(h)(9), the process unit(s) tested, the pollutant(s) 
tested, and the date that such performance test was conducted may be 
submitted in the Notification of Compliance Status in lieu of the 
performance test results. The performance test results must be submitted 
to CEDRI by the date the Notification of Compliance Status is submitted.
    (A) The percentage of reduction of organic HAP's or TOC, or the 
outlet concentration of organic HAP's or TOC (parts per million by 
volume on a dry basis corrected to 3 percent oxygen), determined as 
specified in Sec.  63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of 
this subpart, or a site-specific parameter approved by the permitting 
authority, averaged over the full period of the performance test.
    (iv) For miscellaneous process vents controlled by flares, initial 
compliance test results including the information in paragraphs 
(f)(1)(iv)(A) and (B) of this section.
    (A) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. Sec.  63.645 and 63.116(a) of 
subpart G or Sec.  63.670(h), as applicable; and
    (B) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec.  63.648(c) (i.e., 
complying with the requirements of subpart H of this part), the 
Notification of Compliance Report Status report information required by 
Sec.  63.182(c) of subpart H and whether the percentage of leaking 
valves will be reported on a process unit basis or a sourcewide basis.
    (vi) For each heat exchange system, identification of the heat 
exchange systems that are subject to the requirements of this subpart. 
For heat exchange systems at existing sources, the owner or operator 
shall indicate whether monitoring will be conducted as specified in 
Sec.  63.654(c)(4)(i) or Sec.  63.654(c)(4)(ii).
    (vii) For pressure relief devices in organic HAP service subject to 
the requirements in Sec.  63.648(j)(3)(i) and (ii), this report shall 
include the information specified in paragraphs (f)(1)(vii)(A) and (B) 
of this section.
    (A) A description of the monitoring system to be implemented, 
including

[[Page 111]]

the relief devices and process parameters to be monitored, and a 
description of the alarms or other methods by which operators will be 
notified of a pressure release.
    (B) A description of the prevention measures to be implemented for 
each affected pressure relief device.
    (viii) For each delayed coking unit, identification of whether the 
unit is an existing affected source or a new affected source and whether 
monitoring will be conducted as specified in Sec.  63.657(b) or (c).
    (2) If initial performance tests are required by Sec. Sec.  63.643 
through 63.653, the Notification of Compliance Status report shall 
include one complete test report for each test method used for a 
particular source. On and after February 1, 2016, for data collected 
using test methods supported by the EPA's Electronic Reporting Tool 
(ERT) as listed on the EPA's ERT website (https://www.epa.gov/
electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the 
time of the test, you must submit the results in accordance with Sec.  
63.655(h)(9) by the date that you submit the Notification of Compliance 
Status, and you must include the process unit(s) tested, the 
pollutant(s) tested, and the date that such performance test was 
conducted in the Notification of Compliance Status. All other 
performance test results must be reported in the Notification of 
Compliance Status.
    (i) For additional tests performed using the same method, the 
results specified in paragraph (f)(1) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (iii) Performance tests are required only if specified by Sec. Sec.  
63.643 through 63.653 of this subpart. Initial performance tests are 
required for some kinds of emission points and controls. Periodic 
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to be 
established under Sec.  63.120(d) of subpart G or Sec.  63.985(b) of 
subpart SS for storage vessels or Sec.  63.644 for miscellaneous process 
vents, the Notification of Compliance Status report shall include the 
information in paragraphs (f)(3)(i) through (iii) of this section.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range ensures compliance with the 
emission standard.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and manufacturers' recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (4) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
report, unless the results are required to be submitted electronically 
by Sec.  63.655(h)(9). For performance evaluation results required to be 
submitted through CEDRI, submit the results in accordance with Sec.  
63.655(h)(9) by the date that you submit the Notification of Compliance 
Status and include the process unit where the CMS is installed, the 
parameter measured by the CMS, and the date that the performance 
evaluation

[[Page 112]]

was conducted in the Notification of Compliance Status.
    (5) For emission points included in an emissions average, the 
Notification of Compliance Status report shall include the values of the 
parameters needed for input to the emission credit and debit equations 
in Sec.  63.652(g) and (h), calculated or measured according to the 
procedures in Sec.  63.652(g) and (h), and the resulting credits and 
debits for the first quarter of the year. The first quarter begins on 
the compliance date specified in Sec.  63.640.
    (6) Notification of Compliance Status reports required by Sec.  
63.640(l)(3) and for storage vessels subject to the compliance dates 
specified in Sec.  63.640(h)(2) shall be submitted no later than 60 days 
after the end of the 6-month period during which the change or addition 
was made that resulted in the Group 1 emission point or the existing 
Group 1 storage vessel was brought into compliance, and may be combined 
with the periodic report. Six-month periods shall be the same 6-month 
periods specified in paragraph (g) of this section. The Notification of 
Compliance Status report shall include the information specified in 
paragraphs (f)(1) through (f)(5) of this section. This information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, in a separate submittal, as part of the 
periodic report, or in any combination of these four. If the required 
information has been submitted before the date 60 days after the end of 
the 6-month period in which the addition of the Group 1 emission point 
took place, a separate Notification of Compliance Status report is not 
required within 60 days after the end of the 6-month period. If an owner 
or operator submits the information specified in paragraphs (f)(1) 
through (f)(5) of this section at different times, and/or in different 
submittals, later submittals may refer to earlier submittals instead of 
duplicating and resubmitting the previously submitted information.
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the information specified in paragraphs (g)(1) 
through (7) of this section or paragraphs (g)(9) through (14) of this 
section is collected. The first 6-month period shall begin on the date 
the Notification of Compliance Status report is required to be 
submitted. A Periodic Report is not required if none of the events 
identified in paragraphs (g)(1) through (7) of this section or 
paragraphs (g)(9) through (14) of this section occurred during the 6-
month period unless emissions averaging is utilized. Quarterly reports 
must be submitted for emission points included in emission averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph (g) if the reports 
contain the information required by paragraphs (g)(1) through (14) of 
this section.
    (1) For storage vessels, Periodic Reports shall include the 
information specified for Periodic Reports in paragraphs (g)(2) through 
(5) of this section. Information related to gaskets, slotted membranes, 
and sleeve seals is not required for storage vessels that are part of an 
existing source complying with Sec.  63.646.
    (2) Internal floating roofs. (i) An owner or operator who elects to 
comply with Sec.  63.646 by using a fixed roof and an internal floating 
roof or by using an external floating roof converted to an internal 
floating roof shall submit the results of each inspection conducted in 
accordance with Sec.  63.120(a) of subpart G in which a failure is 
detected in the control equipment.
    (A) For vessels for which annual inspections are required under 
Sec.  63.120(a)(2)(i) or (a)(3)(ii) of subpart G, the specifications and 
requirements listed in paragraphs (g)(2)(i)(A)(1) through (3) of this 
section apply.
    (1) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.

[[Page 113]]

    (2) Except as provided in paragraph (g)(2)(i)(A)(3) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (3) If an extension is utilized in accordance with Sec.  
63.120(a)(4) of subpart G, the owner or operator shall, in the next 
Periodic Report, identify the vessel; include the documentation 
specified in Sec.  63.120(a)(4) of subpart G; and describe the date the 
storage vessel was emptied and the nature of and date the repair was 
made.
    (B) For vessels for which inspections are required under Sec.  
63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G (i.e., internal 
inspections), the specifications and requirements listed in paragraphs 
(g)(2)(i)(B)(1) and (2) of this section apply.
    (1) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or, for a storage vessel that is part of a new source, 
the gaskets no longer close off the liquid surface from the atmosphere; 
or, for a storage vessel that is part of a new source, the slotted 
membrane has more than a 10 percent open area.
    (2) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (ii) An owner or operator who elects to comply with Sec.  63.660 by 
using a fixed roof and an internal floating roof shall submit the 
results of each inspection conducted in accordance with Sec.  
63.1063(c)(1), (d)(1), and (d)(2) of subpart WW in which a failure is 
detected in the control equipment. For vessels for which inspections are 
required under Sec.  63.1063(c) and (d), the specifications and 
requirements listed in paragraphs (g)(2)(ii)(A) through (C) of this 
section apply.
    (A) A failure is defined in Sec.  63.1063(d)(1) of subpart WW.
    (B) Each Periodic Report shall include a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure occurs.
    (C) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) of subpart WW shall, in the next 
Periodic Report, submit the documentation required by Sec.  
63.1063(e)(2).
    (3) External floating roofs. (i) An owner or operator who elects to 
comply with Sec.  63.646 by using an external floating roof shall meet 
the periodic reporting requirements specified in paragraphs (g)(3)(i)(A) 
through (C) of this section.
    (A) The owner or operator shall submit, as part of the Periodic 
Report, documentation of the results of each seal gap measurement made 
in accordance with Sec.  63.120(b) of subpart G in which the seal and 
seal gap requirements of Sec.  63.120(b)(3), (4), (5), or (6) of subpart 
G are not met. This documentation shall include the information 
specified in paragraphs (g)(3)(i)(A)(1) through (4) of this section.
    (1) The date of the seal gap measurement.
    (2) The raw data obtained in the seal gap measurement and the 
calculations described in Sec.  63.120(b)(3) and (4) of subpart G.
    (3) A description of any seal condition specified in Sec.  
63.120(b)(5) or (6) of subpart G that is not met.
    (4) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (B) If an extension is utilized in accordance with Sec.  
63.120(b)(7)(ii) or (b)(8) of subpart G, the owner or operator shall, in 
the next Periodic Report, identify the vessel; include the documentation 
specified in Sec.  63.120(b)(7)(ii) or (b)(8) of subpart G, as 
applicable; and describe the date the vessel was emptied and the nature 
of and date the repair was made.
    (C) The owner or operator shall submit, as part of the Periodic 
Report, documentation of any failures that are identified during visual 
inspections required by Sec.  63.120(b)(10) of subpart G.

[[Page 114]]

This documentation shall meet the specifications and requirements in 
paragraphs (g)(3)(i)(C)(1) and (2) of this section.
    (1) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes or other openings in the 
seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or, for a storage vessel 
that is part of a new source, the gaskets no longer close off the liquid 
surface from the atmosphere; or, for a storage vessel that is part of a 
new source, the slotted membrane has more than 10 percent open area.
    (2) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (ii) An owner or operator who elects to comply with Sec.  63.660 by 
using an external floating roof shall meet the periodic reporting 
requirements specified in paragraphs (g)(3)(ii)(A) and (B) of this 
section.
    (A) For vessels for which inspections are required under Sec.  
63.1063(c)(2), (d)(1), and (d)(3) of subpart WW, the owner or operator 
shall submit, as part of the Periodic Report, a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure occurs. 
A failure is defined in Sec.  63.1063(d)(1).
    (B) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) or (c)(2)(iv)(B) of subpart WW 
shall, in the next Periodic Report, submit the documentation required by 
those paragraphs.
    (4) [Reserved]
    (5) An owner or operator who elects to comply with Sec.  63.646 or 
Sec.  63.660 by installing a closed vent system and control device shall 
submit, as part of the next Periodic Report, the information specified 
in paragraphs (g)(5)(i) through (v) of this section, as applicable.
    (i) The Periodic Report shall include the information specified in 
paragraphs (g)(5)(i)(A) and (B) of this section for those planned 
routine maintenance operations that would require the control device not 
to meet the requirements of either Sec.  63.119(e)(1) or (2) of subpart 
G, Sec.  63.985(a) and (b) of subpart SS, or Sec.  63.670, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of either Sec.  63.119(e)(1) or (2) of subpart 
G, Sec.  63.985(a) and (b) of subpart SS, or Sec.  63.670, as 
applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status report. The description shall include: Identification 
of the control device for which the measured parameters were outside of 
the established ranges, and causes for the measured parameters to be 
outside of the established ranges.
    (iii) If a flare is used prior to January 30, 2019 and prior to 
electing to comply with the requirements in Sec.  63.670, the Periodic 
Report shall describe each occurrence when the flare does not meet the 
general control device requirements specified in Sec.  63.11(b) of 
subpart A and shall include: Identification of the flare that does not 
meet the general requirements specified in Sec.  63.11(b) of subpart A, 
and reasons the flare did not meet the general requirements specified in 
Sec.  63.11(b) of subpart A.
    (iv) If a flare is used on or after the date for which compliance 
with the requirements in Sec.  63.670 is elected, which can be no later 
than January 30, 2019, the Periodic Report shall include the items 
specified in paragraph (g)(11) of this section.
    (v) An owner or operator who elects to comply with Sec.  63.660 by 
installing an alternate control device as described in Sec.  63.1064 of 
subpart WW shall submit, as part of the next Periodic Report, a

[[Page 115]]

written application as described in Sec.  63.1066(b)(3) of subpart WW.
    (6) For miscellaneous process vents for which continuous parameter 
monitors are required by this subpart, periods of excess emissions shall 
be identified in the Periodic Reports and shall be used to determine 
compliance with the emission standards.
    (i) Period of excess emission means any of the following conditions:
    (A) An operating day when the daily average value of a monitored 
parameter, except presence of a flare pilot flame, is outside the range 
specified in the Notification of Compliance Status report. Monitoring 
data recorded during periods of monitoring system breakdown, repairs, 
calibration checks and zero (low-level) and high-level adjustments shall 
not be used in computing daily average values of monitored parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded in 
paragraphs (i)(3) (i) and (ii) of this section are available for less 
than 75 percent of the operating hours.
    (D) For data compression systems under paragraph (h)(5)(iii) of this 
section, an operating day when the monitor operated for less than 75 
percent of the operating hours or a day when less than 18 monitoring 
values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be 
reported for the operating parameters specified in table 10 of this 
subpart unless other site-specific parameter(s) have been approved by 
the operating permit authority.
    (iii) For periods in closed vent systems when a Group 1 
miscellaneous process vent stream was detected in the bypass line or 
diverted from the control device and either directly to the atmosphere 
or to a control device that does not comply with the requirements in 
Sec.  63.643(a), report the date, time, duration, estimate of the volume 
of gas, the concentration of organic HAP in the gas and the resulting 
mass emissions of organic HAP that bypassed the control device. For 
periods when the flow indicator is not operating, report the date, time, 
and duration.
    (7) If a performance test for determination of compliance for a new 
emission point subject to this subpart or for an emission point that has 
changed from Group 2 to Group 1 is conducted during the period covered 
by a Periodic Report, the results of the performance test shall be 
included in the Periodic Report.
    (i) Results of the performance test shall include the identification 
of the source tested, the date of the test, the percentage of emissions 
reduction or outlet pollutant concentration reduction (whichever is 
needed to determine compliance) for each run and for the average of all 
runs, and the values of the monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status report no later 
than 150 days after the compliance date specified in Sec.  63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs 
(g)(2) through (g)(7) of this section for all storage vessels and 
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec.  63.428 (h)(1), 
(h)(2), and (h)(3) for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted in 
a separate report;
    (C) The information required to be reported by Sec.  63.567(e)(4) 
and (j)(3) of subpart Y for each marine tank vessel loading operation 
included in an emissions average, unless the information has already 
been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included in 
an emissions average that the source is required to report under the 
Implementation Plan for the source;

[[Page 116]]

    (E) The credits and debits calculated each month during the quarter;
    (F) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. Sec.  63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in 
Sec.  63.652 (g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under the 
Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec.  63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec.  63.652 of this subpart.
    (9) For heat exchange systems, Periodic Reports must include the 
following information:
    (i) The number of heat exchange systems at the plant site subject to 
the monitoring requirements in Sec.  63.654.
    (ii) The number of heat exchange systems at the plant site found to 
be leaking.
    (iii) For each monitoring location where the total strippable 
hydrocarbon concentration was determined to be equal to or greater than 
the applicable leak definitions specified in Sec.  63.654(c)(6), 
identification of the monitoring location (e.g., unique monitoring 
location or heat exchange system ID number), the measured total 
strippable hydrocarbon concentration, the date the leak was first 
identified, and, if applicable, the date the source of the leak was 
identified;
    (iv) For leaks that were repaired during the reporting period 
(including delayed repairs), identification of the monitoring location 
associated with the repaired leak, the total strippable hydrocarbon 
concentration measured during re-monitoring to verify repair, and the 
re-monitoring date (i.e., the effective date of repair); and
    (v) For each delayed repair, identification of the monitoring 
location associated with the leak for which repair is delayed, the date 
when the delay of repair began, the date the repair is expected to be 
completed (if the leak is not repaired during the reporting period), the 
total strippable hydrocarbon concentration and date of each monitoring 
event conducted on the delayed repair during the reporting period, and 
an estimate of the potential strippable hydrocarbon emissions over the 
reporting period associated with the delayed repair.
    (10) For pressure relief devices subject to the requirements Sec.  
63.648(j), Periodic Reports must include the information specified in 
paragraphs (g)(10)(i) through (iv) of this section.
    (i) For pressure relief devices in organic HAP gas or vapor service, 
pursuant to Sec.  63.648(j)(1), report any instrument reading of 500 ppm 
or greater.
    (ii) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec.  63.648(j)(2), report confirmation that any monitoring 
required to be done during the reporting period to show compliance was 
conducted.
    (iii) For pilot-operated pressure relief devices in organic HAP 
service, report each pressure release to the atmosphere through the 
pilot vent that equals or exceeds 72 pounds of VOC per day, including 
duration of the pressure release through the pilot vent and estimate of 
the mass quantity of each organic HAP released.
    (iv) For pressure relief devices in organic HAP service subject to 
Sec.  63.648(j)(3), report each pressure release to the atmosphere, 
including duration of the pressure release and estimate of the mass 
quantity of each organic HAP released, and the results of any root cause 
analysis and corrective action analysis completed during the reporting 
period, including the corrective actions implemented during the 
reporting period and, if applicable, the implementation schedule for 
planned corrective actions to be implemented subsequent to the reporting 
period.
    (11) For flares subject to Sec.  63.670, Periodic Reports must 
include the information specified in paragraphs (g)(11)(i) through (iv) 
of this section.
    (i) Records as specified in paragraph (i)(9)(i) of this section for 
each 15-minute block during which there was at least one minute when 
regulated

[[Page 117]]

material is routed to a flare and no pilot flame is present.
    (ii) Visible emission records as specified in paragraph 
(i)(9)(ii)(C) of this section for each period of 2 consecutive hours 
during which visible emissions exceeded a total of 5 minutes.
    (iii) The 15-minute block periods for which the applicable operating 
limits specified in Sec.  63.670(d) through (f) are not met. Indicate 
the date and time for the period, the net heating value operating 
parameter(s) determined following the methods in Sec.  63.670(k) through 
(n) as applicable.
    (iv) For flaring events meeting the criteria in Sec.  63.670(o)(3):
    (A) The start and stop time and date of the flaring event.
    (B) The length of time for which emissions were visible from the 
flare during the event.
    (C) The periods of time that the flare tip velocity exceeds the 
maximum flare tip velocity determined using the methods in Sec.  
63.670(d)(2) and the maximum 15-minute block average flare tip velocity 
recorded during the event.
    (D) Results of the root cause and corrective actions analysis 
completed during the reporting period, including the corrective actions 
implemented during the reporting period and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (12) For delayed coking units, the Periodic Report must include the 
information specified in paragraphs (g)(12)(i) through (iv) of this 
section.
    (i) For existing source delayed coking units, any 60-cycle average 
exceeding the applicable limit in Sec.  63.657(a)(1).
    (ii) For new source delayed coking units, any direct venting event 
exceeding the applicable limit in Sec.  63.657(a)(2).
    (iii) The total number of double quenching events performed during 
the reporting period.
    (iv) For each double quenching draining event when the drain water 
temperature exceeded 210 [deg]F, report the drum, date, time, the coke 
drum vessel pressure or temperature, as applicable, when pre-vent 
draining was initiated, and the maximum drain water temperature during 
the pre-vent draining period.
    (13) For maintenance vents subject to the requirements in Sec.  
63.643(c), Periodic Reports must include the information specified in 
paragraphs (g)(13)(i) through (iv) of this section for any release 
exceeding the applicable limits in Sec.  63.643(c)(1). For the purposes 
of this reporting requirement, owners or operators complying with Sec.  
63.643(c)(1)(iv) must report each venting event for which the lower 
explosive limit is 20 percent or greater; owners or operators complying 
with Sec.  63.643(c)(1)(v) must report each venting event conducted 
under those provisions and include an explanation for each event as to 
why utilization of this alternative was required.
    (i) Identification of the maintenance vent and the equipment served 
by the maintenance vent.
    (ii) The date and time the maintenance vent was opened to the 
atmosphere.
    (iii) The lower explosive limit, vessel pressure, or mass of VOC in 
the equipment, as applicable, at the start of atmospheric venting. If 
the 5 psig vessel pressure option in Sec.  63.643(c)(1)(ii) was used and 
active purging was initiated while the lower explosive limit was 10 
percent or greater, also include the lower explosive limit of the vapors 
at the time active purging was initiated.
    (iv) An estimate of the mass of organic HAP released during the 
entire atmospheric venting event.
    (14) Any changes in the information provided in a previous 
Notification of Compliance Status report.
    (h) Other reports shall be submitted as specified in subpart A of 
this part and as follows:
    (1) [Reserved]
    (2) For storage vessels, notifications of inspections as specified 
in paragraphs (h)(2)(i) and (ii) of this section.
    (i) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of each Group 1 storage vessel that has been emptied 
and degassed.
    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 calendar days prior to filling or refilling of each storage 
vessel with organic

[[Page 118]]

HAP's to afford the Administrator the opportunity to inspect the storage 
vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if 
the internal inspection required by Sec.  63.120(a)(2), (a)(3), or 
(b)(10) of subpart G or Sec.  63.1063(d)(1) of subpart WW is not planned 
and the owner or operator could not have known about the inspection 30 
calendar days in advance of refilling the vessel with organic HAP, the 
owner or operator shall notify the Administrator at least 7 calendar 
days prior to refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. This notification, 
including the written documentation, may also be made in writing and 
sent so that it is received by the Administrator at least 7 calendar 
days prior to the refilling.
    (C) The State or local permitting authority can waive the 
notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B) 
of this section for all or some storage vessels at petroleum refineries 
subject to this subpart. The State or local permitting authority may 
also grant permission to refill storage vessels sooner than 30 days 
after submitting the notification required by paragraph (h)(2)(i)(A) of 
this section, or sooner than 7 days after submitting the notification 
required by paragraph (h)(2)(i)(B) of this section for all storage 
vessels, or for individual storage vessels on a case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec.  63.120(b)(1) or (2) or Sec.  63.1063(d)(3). The State or local 
permitting authority can waive this notification requirement for all or 
some storage vessels subject to the rule or can allow less than 30 
calendar days' notice.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec.  63.652(h).
    (4) The owner or operator who requests approval to monitor a 
different parameter than those listed in Sec.  63.644 for miscellaneous 
process vents or who is required by Sec.  63.653(a)(8) to establish a 
site-specific monitoring parameter for a point in an emissions average 
shall submit the information specified in paragraphs (h)(4)(i) through 
(h)(4)(iii) of this section. For new or reconstructed sources, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec.  63.5(d) of subpart A 
and for existing sources, and the information shall be submitted no 
later than 18 months prior to the compliance date. The information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine 
whether excess emissions occur and an explanation of the criteria used 
to select the parameter(s).
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter can be used to determine excess 
emissions and the schedule for this demonstration. The owner or operator 
must certify that they will establish a range for the monitored 
parameter as part of the Notification of Compliance Status report 
required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and 
reporting if: monitoring and recording are not continuous; or if periods 
of excess emissions, as defined in paragraph (g)(6) of this section, 
will not be identified in Periodic Reports required under paragraphs (e) 
and (g) of this section. The rationale for the proposed monitoring, 
recording, and reporting system shall be included.
    (5) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in paragraph (i) of this section.

[[Page 119]]

    (i) Requests shall be submitted with the Application for Approval of 
Construction or Reconstruction for new sources and no later than 18 
months prior to the compliance date for existing sources. The 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, or in a separate 
submittal. Requests shall contain the information specified in 
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as 
applicable.
    (ii) The provisions in Sec.  63.8(f)(5)(i) of subpart A of this part 
shall govern the review and approval of requests.
    (iii) [Reserved]
    (iv) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec.  63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable. 
For existing sources, this information shall be submitted in the initial 
Notification of Compliance Status report. For a new source, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec.  63.5(d) of subpart A of 
this part. The information may be submitted in an operating permit 
application, in an amendment to an operating permit application, or in a 
separate submittal.
    (i) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units.
    (ii) The determination of applicability of this subpart to any 
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any 
distillation unit for which use varies from year to year.
    (7) The owner or operator of a heat exchange system at an existing 
source must notify the Administrator at least 30 calendar days prior to 
changing from one of the monitoring options specified in Sec.  
63.654(c)(4) to the other.
    (8) For fenceline monitoring systems subject to Sec.  63.658, each 
owner or operator shall submit the following information to the EPA's 
Compliance and Emissions Data Reporting Interface (CEDRI) on a quarterly 
basis. (CEDRI can be accessed through the EPA's Central Data Exchange 
(CDX) (https://cdx.epa.gov/). The first quarterly report must be 
submitted once the owner or operator has obtained 12 months of data. The 
first quarterly report must cover the period beginning on the compliance 
date that is specified in Table 11 of this subpart and ending on March 
31, June 30, September 30 or December 31, whichever date is the first 
date that occurs after the owner or operator has obtained 12 months of 
data (i.e., the first quarterly report will contain between 12 and 15 
months of data). Each subsequent quarterly report must cover one of the 
following reporting periods: Quarter 1 from January 1 through March 31; 
Quarter 2 from April 1 through June 30; Quarter 3 from July 1 through 
September 30; and Quarter 4 from October 1 through December 31. Each 
quarterly report must be electronically submitted no later than 45 
calendar days following the end of the reporting period.
    (i) Facility name and address.
    (ii) Year and reporting quarter (i.e., Quarter 1, Quarter 2, Quarter 
3, or Quarter 4).
    (iii) For the first reporting period and for any reporting period in 
which a passive monitor is added or moved, for each passive monitor: The 
latitude and longitude location coordinates; the sampler name; and 
identification of the type of sampler (i.e., regular monitor, extra 
monitor, duplicate, field blank, inactive). The owner or operator shall 
determine the coordinates using an instrument with an accuracy of at 
least 3 meters. Coordinates shall be in decimal degrees with at least 
five decimal places.
    (iv) The beginning and ending dates for each sampling period.
    (v) Individual sample results for benzene reported in units of 
[micro]g/m\3\ for each monitor for each sampling period that ends during 
the reporting period. Results below the method detection limit shall be 
flagged as below the detection limit and reported at the method 
detection limit.

[[Page 120]]

    (vi) Data flags that indicate each monitor that was skipped for the 
sampling period, if the owner or operator uses an alternative sampling 
frequency under Sec.  63.658(e)(3).
    (vii) Data flags for each outlier determined in accordance with 
Section 9.2 of Method 325A of appendix A of this part. For each outlier, 
the owner or operator must submit the individual sample result of the 
outlier, as well as the evidence used to conclude that the result is an 
outlier.
    (viii) The biweekly concentration difference ([Delta]c) for benzene 
for each sampling period and the annual average [Delta]c for benzene for 
each sampling period.
    (9) On and after February 1, 2016, if required to submit the results 
of a performance test or CEMS performance evaluation, the owner or 
operator shall submit the results according to the procedures in 
paragraphs (h)(9)(i) and (ii) of this section.
    (i) Unless otherwise specified by this subpart, within 60 days after 
the date of completing each performance test as required by this 
subpart, the owner or operator shall submit the results of the 
performance tests following the procedure specified in either paragraph 
(h)(9)(i)(A) or (B) of this section.
    (A) 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) at the time of the test, 
the owner or operator must submit the results of the performance test to 
the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site. If an owner or operator claims that some of the 
performance test information being submitted is confidential business 
information (CBI), the owner or operator must 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 disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph (h)(9)(i)(A).
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, the owner or operator must submit the results of the performance 
test to the Administrator at the appropriate address listed in Sec.  
63.13.
    (ii) Unless otherwise specified by this subpart, within 60 days 
after the date of completing each CEMS performance evaluation as 
required by this subpart, the owner or operator must submit the results 
of the performance evaluation following the procedure specified in 
either paragraph (h)(9)(ii)(A) or (B) of this section.
    (A) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, the owner or operator must submit the results of 
the performance evaluation to the EPA via the CEDRI. (CEDRI can be 
accessed through the EPA's CDX.) Performance evaluation data must be 
submitted in a file format generated through the use of the EPA's ERT or 
an alternate file format consistent with the XML schema listed on the 
EPA's ERT Web site. If an owner or operator claims that some of the 
performance evaluation information being submitted is CBI, the owner or 
operator must 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 disc, flash drive or other commonly used electronic 
storage media to the EPA. The electronic storage media must be clearly 
marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI

[[Page 121]]

Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with 
the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph (h)(9)(ii)(A).
    (B) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site at the time of the evaluation, the 
owner or operator must submit the results of the performance evaluation 
to the Administrator at the appropriate address listed in Sec.  63.13.
    (10) Extensions to electronic reporting deadlines. (i) If you are 
required to electronically submit a report through the Compliance and 
Emissions Data Reporting Interface (CEDRI) in the EPA's Central Data 
Exchange (CDX), and due to a planned or actual outage of either the 
EPA's CEDRI or CDX systems within the period of time beginning 5 
business days prior to the date that the submission is due, you will be 
or are precluded from accessing CEDRI or CDX and submitting a required 
report within the time prescribed, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. You 
must submit notification to the Administrator in writing as soon as 
possible following the date you first knew, or through due diligence 
should have known, that the event may cause or caused a delay in 
reporting. You must provide to the Administrator a written description 
identifying the date(s) and time(s) the CDX or CEDRI were unavailable 
when you attempted to access it in the 5 business days prior to the 
submission deadline; a rationale for attributing the delay in reporting 
beyond the regulatory deadline to the EPA system outage; describe the 
measures taken or to be taken to minimize the delay in reporting; and 
identify a date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported. In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved. The 
decision to accept the claim of EPA system outage and allow an extension 
to the reporting deadline is solely within the discretion of the 
Administrator.
    (ii) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this paragraph, a force majeure event 
is defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[[Page 122]]

    (i) Recordkeeping. Each owner or operator of a source subject to 
this subpart shall keep copies of all applicable reports and records 
required by this subpart for at least 5 years except as otherwise 
specified in paragraphs (i)(1) through (12) of this section. All 
applicable records shall be maintained in such a manner that they can be 
readily accessed within 24 hours. Records may be maintained in hard copy 
or computer-readable form including, but not limited to, on paper, 
microfilm, computer, flash drive, floppy disk, magnetic tape, or 
microfiche.
    (1) Each owner or operator subject to the storage vessel provisions 
in Sec.  63.646 shall keep the records specified in Sec.  63.123 of 
subpart G except as specified in paragraphs (i)(1)(i) through (iv) of 
this section. Each owner or operator subject to the storage vessel 
provisions in Sec.  63.660 shall keep records as specified in paragraphs 
(i)(1)(v) and (vi) of this section.
    (i) Records related to gaskets, slotted membranes, and sleeve seals 
are not required for storage vessels within existing sources.
    (ii) All references to Sec.  63.122 in Sec.  63.123 of subpart G 
shall be replaced with Sec.  63.655(e).
    (iii) All references to Sec.  63.150 in Sec.  63.123 of subpart G of 
this part shall be replaced with Sec.  63.652.
    (iv) If a storage vessel is determined to be Group 2 because the 
weight percent total organic HAP of the stored liquid is less than or 
equal to 4 percent for existing sources or 2 percent for new sources, a 
record of any data, assumptions, and procedures used to make this 
determination shall be retained.
    (v) Each owner or operator of a Group 1 storage vessel subject to 
the provisions in Sec.  63.660 shall keep records as specified in Sec.  
63.1065 or Sec.  63.998, as applicable.
    (vi) Each owner or operator of a Group 2 storage vessel shall keep 
the records specified in Sec.  63.1065(a) of subpart WW. If a storage 
vessel is determined to be Group 2 because the weight percent total 
organic HAP of the stored liquid is less than or equal to 4 percent for 
existing sources or 2 percent for new sources, a record of any data, 
assumptions, and procedures used to make this determination shall be 
retained.
    (2) Each owner or operator required to report the results of 
performance tests under paragraphs (f) and (g)(7) of this section shall 
retain a record of all reported results as well as a complete test 
report, as described in paragraph (f)(2)(ii) of this section for each 
emission point tested.
    (3) Each owner or operator required to continuously monitor 
operating parameters under Sec.  63.644 for miscellaneous process vents 
or under Sec. Sec.  63.652 and 63.653 for emission points in an 
emissions average shall keep the records specified in paragraphs 
(i)(3)(i) through (i)(3)(v) of this section unless an alternative 
recordkeeping system has been requested and approved under paragraph (h) 
of this section.
    (i) The monitoring system shall measure data values at least once 
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute may 
be used to calculate the hourly (or shorter period) block average 
instead of all measured values; or
    (C) All values that meet the set criteria for variation from 
previously recorded values using an automated data compression recording 
system.
    (1) The automated data compression recording system shall be 
designed to:
    (i) Measure the operating parameter value at least once every hour.
    (ii) Record at least 24 values each day during periods of operation.
    (iii) Record the date and time when monitors are turned off or on.
    (iv) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (v) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (2) You must maintain a record of the description of the monitoring 
system and data compression recording system

[[Page 123]]

including the criteria used to determine which monitored values are 
recorded and retained, the method for calculating daily averages, and a 
demonstration that the system meets all criteria of paragraph 
(i)(3)(ii)(C)(1) of this section.
    (iii) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day and retained for 5 years 
except as specified in paragraph (i)(3)(iv) of this section.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the 
Notification of Compliance Status report. It may be from midnight to 
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status report, the owner or operator may record that all 
values were within the range and retain this record for 5 years rather 
than calculating and recording a daily average for that day. For these 
days, the records required in paragraph (i)(3)(ii) of this section shall 
also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.
    (4) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and either 
directly to the atmosphere or to a control device that does not comply 
with the requirements in Sec.  63.643(a), the owner or operator shall 
keep a record of the information specified in either paragraph (i)(4)(i) 
or (ii) of this section, as applicable.
    (i) The owner or operator shall maintain records of periods when 
flow was detected in the bypass line, including the date and time and 
the duration of the flow in the bypass line. For each flow event, the 
owner or operator shall maintain records sufficient to determine whether 
or not the detected flow included flow of a Group 1 miscellaneous 
process vent stream requiring control. For periods when the Group 1 
miscellaneous process vent stream requiring control is diverted from the 
control device and released either directly to the atmosphere or to a 
control device that does not comply with the requirements in Sec.  
63.643(a), the owner or operator shall include an estimate of the volume 
of gas, the concentration of organic HAP in the gas and the resulting 
emissions of organic HAP that bypassed the control device using process 
knowledge and engineering estimates.
    (ii) Where a seal mechanism is used to comply with Sec.  
63.644(c)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record the date that the monthly visual 
inspection of the seals or closure mechanisms is completed. The owner or 
operator shall also record the occurrence of all periods when the seal 
or closure mechanism is broken, the bypass line valve position has 
changed or the key for a lock-and-key type lock has been checked out. 
The owner or operator shall include an estimate of the volume of gas, 
the concentration of organic HAP in the gas and the resulting mass 
emissions of organic HAP from the Group 1 miscellaneous process vent 
stream requiring control that bypassed the control device or records 
sufficient to demonstrate that there was no flow of a Group 1 
miscellaneous process vent stream requiring control during the period.
    (5) The owner or operator of a heat exchange system subject to this 
subpart shall comply with the recordkeeping requirements in paragraphs 
(i)(5)(i) through (v) of this section and retain these records for 5 
years.
    (i) Identification of all petroleum refinery process unit heat 
exchangers at the facility and the average annual HAP concentration of 
process fluid or intervening cooling fluid estimated

[[Page 124]]

when developing the Notification of Compliance Status report.
    (ii) Identification of all heat exchange systems subject to the 
monitoring requirements in Sec.  63.654 and identification of all heat 
exchange systems that are exempt from the monitoring requirements 
according to the provisions in Sec.  63.654(b). For each heat exchange 
system that is subject to the monitoring requirements in Sec.  63.654, 
this must include identification of all heat exchangers within each heat 
exchange system, and, for closed-loop recirculation systems, the cooling 
tower included in each heat exchange system.
    (iii) Results of the following monitoring data for each required 
monitoring event:
    (A) Date/time of event.
    (B) Barometric pressure.
    (C) El Paso air stripping apparatus water flow milliliter/minute 
(ml/min) and air flow, ml/min, and air temperature, [deg]Celsius.
    (D) FID reading (ppmv).
    (E) Length of sampling period.
    (F) Sample volume.
    (G) Calibration information identified in Section 5.4.2 of the ``Air 
Stripping Method (Modified El Paso Method) for Determination of Volatile 
Organic Compound Emissions from Water Sources'' Revision Number One, 
dated January 2003, Sampling Procedures Manual, Appendix P: Cooling 
Tower Monitoring, prepared by Texas Commission on Environmental Quality, 
January 31, 2003 (incorporated by reference--see Sec.  63.14).
    (iv) The date when a leak was identified, the date the source of the 
leak was identified, and the date when the heat exchanger was repaired 
or taken out of service.
    (v) If a repair is delayed, the reason for the delay, the schedule 
for completing the repair, the heat exchange exit line flow or cooling 
tower return line average flow rate at the monitoring location (in 
gallons/minute), and the estimate of potential strippable hydrocarbon 
emissions for each required monitoring interval during the delay of 
repair.
    (6) All other information required to be reported under paragraphs 
(a) through (h) of this section shall be retained for 5 years.
    (7) Each owner or operator subject to the delayed coking unit 
decoking operations provisions in Sec.  63.657 must maintain records 
specified in paragraphs (i)(7)(i) through (iii) of this section.
    (i) The average pressure or temperature, as applicable, for the 5-
minute period prior to venting to the atmosphere, draining, or deheading 
the coke drum for each cooling cycle for each coke drum.
    (ii) If complying with the 60-cycle rolling average, each 60-cycle 
rolling average pressure or temperature, as applicable, considering all 
coke drum venting events in the existing affected source.
    (iii) For double-quench cooling cycles:
    (A) The date, time and duration of each pre-vent draining event.
    (B) The pressure or temperature of the coke drum vessel, as 
applicable, for the 5-minute period prior to the pre-vent draining.
    (C) The drain water temperature at 1-minute intervals from the start 
of pre-vent draining to the complete closure of the drain valve.
    (8) For fenceline monitoring systems subject to Sec.  63.658, each 
owner or operator shall keep the records specified in paragraphs 
(i)(8)(i) through (x) of this section on an ongoing basis.
    (i) Coordinates of all passive monitors, including replicate 
samplers and field blanks, and if applicable, the meteorological 
station. The owner or operator shall determine the coordinates using an 
instrument with an accuracy of at least 3 meters. The coordinates shall 
be in decimal degrees with at least five decimal places.
    (ii) The start and stop times and dates for each sample, as well as 
the tube identifying information.
    (iii) Sampling period average temperature and barometric pressure 
measurements.
    (iv) For each outlier determined in accordance with Section 9.2 of 
Method 325A of appendix A of this part, the sampler location of and the 
concentration of the outlier and the evidence used to conclude that the 
result is an outlier.
    (v) For samples that will be adjusted for a background, the location 
of and

[[Page 125]]

the concentration measured simultaneously by the background sampler, and 
the perimeter samplers to which it applies.
    (vi) Individual sample results, the calculated [Delta]c for benzene 
for each sampling period and the two samples used to determine it, 
whether background correction was used, and the annual average [Delta]c 
calculated after each sampling period.
    (vii) Method detection limit for each sample, including co-located 
samples and blanks.
    (viii) Documentation of corrective action taken each time the action 
level was exceeded.
    (ix) Other records as required by Methods 325A and 325B of appendix 
A of this part.
    (x) If a near-field source correction is used as provided in Sec.  
63.658(i), records of hourly meteorological data, including temperature, 
barometric pressure, wind speed and wind direction, calculated daily 
unit vector wind direction and daily sigma theta, and other records 
specified in the site-specific monitoring plan.
    (9) For each flare subject to Sec.  63.670, each owner or operator 
shall keep the records specified in paragraphs (i)(9)(i) through (xii) 
of this section up-to-date and readily accessible, as applicable.
    (i) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame as required in Sec.  63.670(b) for 
a minimum of 2 years. Retain records of each 15-minute block during 
which there was at least one minute that no pilot flame is present when 
regulated material is routed to a flare for a minimum of 5 years.
    (ii) Retain records of daily visible emissions observations or video 
surveillance images required in Sec.  63.670(h) as specified in the 
paragraphs (i)(9)(ii)(A) through (C), as applicable, for a minimum of 3 
years.
    (A) If visible emissions observations are performed using Method 22 
at 40 CFR part 60, appendix A-7, the record must identify whether the 
visible emissions observation was performed, the results of each 
observation, total duration of observed visible emissions, and whether 
it was a 5-minute or 2-hour observation. If the owner or operator 
performs visible emissions observations more than one time during a day, 
the record must also identify the date and time of day each visible 
emissions observation was performed.
    (B) If video surveillance camera is used, the record must include 
all video surveillance images recorded, with time and date stamps.
    (C) For each 2 hour period for which visible emissions are observed 
for more than 5 minutes in 2 consecutive hours, the record must include 
the date and time of the 2 hour period and an estimate of the cumulative 
number of minutes in the 2 hour period for which emissions were visible.
    (iii) The 15-minute block average cumulative flows for flare vent 
gas and, if applicable, total steam, perimeter assist air, and premix 
assist air specified to be monitored under Sec.  63.670(i), along with 
the date and time interval for the 15-minute block. If multiple 
monitoring locations are used to determine cumulative vent gas flow, 
total steam, perimeter assist air, and premix assist air, retain records 
of the 15-minute block average flows for each monitoring location for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years. 
If pressure and temperature monitoring is used, retain records of the 
15-minute block average temperature, pressure and molecular weight of 
the flare vent gas or assist gas stream for each measurement location 
used to determine the 15-minute block average cumulative flows for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years.
    (iv) The flare vent gas compositions specified to be monitored under 
Sec.  63.670(j). Retain records of individual component concentrations 
from each compositional analyses for a minimum of 2 years. If NHVvg 
analyzer is used, retain records of the 15-minute block average values 
for a minimum of 5 years.
    (v) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec.  63.670(k) through (n), as 
applicable.
    (vi) [Reserved]

[[Page 126]]

    (vii) All periods during which operating values are outside of the 
applicable operating limits specified in Sec.  63.670(d) through (f) 
when regulated material is being routed to the flare.
    (viii) All periods during which the owner or operator does not 
perform flare monitoring according to the procedures in Sec.  63.670(g) 
through (j).
    (ix) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (x) Records when the flow of vent gas exceeds the smokeless capacity 
of the flare, including start and stop time and dates of the flaring 
event.
    (xi) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.670(o)(3), including an 
identification of the affected facility, the date and duration of the 
event, a statement noting whether the event resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec.  63.670(o)(5)(i).
    (xii) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.670(o)(5), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.
    (10) [Reserved]
    (11) For each pressure relief device subject to the pressure release 
management work practice standards in Sec.  63.648(j)(3), the owner or 
operator shall keep the records specified in paragraphs (i)(11)(i) 
through (iii) of this section. For each pilot-operated pressure relief 
device subject to the requirements at Sec.  63.648(j)(4)(ii), the owner 
or operator shall keep the records specified in paragraph (i)(11)(iv) of 
this section.
    (i) Records of the prevention measures implemented as required in 
Sec.  63.648(j)(3)(ii), if applicable.
    (ii) Records of the number of releases during each calendar year and 
the number of those releases for which the root cause was determined to 
be a force majeure event. Keep these records for the current calendar 
year and the past five calendar years.
    (iii) For each release to the atmosphere, the owner or operator 
shall keep the records specified in paragraphs (i)(11)(iii)(A) through 
(D) of this section.
    (A) The start and end time and date of each pressure release to the 
atmosphere.
    (B) Records of any data, assumptions, and calculations used to 
estimate of the mass quantity of each organic HAP released during the 
event.
    (C) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.648(j)(3)(iii), including an 
identification of the affected facility, the date and duration of the 
event, a statement noting whether the event resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec.  63.648(j)(7)(i).
    (D) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.648(j)(7), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.
    (iv) For pilot-operated pressure relief devices, general or release-
specific records for estimating the quantity of VOC released from the 
pilot vent during a release event, and records of calculations used to 
determine the quantity of specific HAP released for any event or series 
of events in which 72 or more pounds of VOC are released in a day.
    (12) For each maintenance vent opening subject to the requirements 
in Sec.  63.643(c), the owner or operator shall keep the applicable 
records specified in paragraphs (i)(12)(i) through (vi) of this section.
    (i) The owner or operator shall maintain standard site procedures 
used to deinventory equipment for safety purposes (e.g., hot work or 
vessel entry

[[Page 127]]

procedures) to document the procedures used to meet the requirements in 
Sec.  63.643(c). The current copy of the procedures shall be retained 
and available on-site at all times. Previous versions of the standard 
site procedures, is applicable, shall be retained for five years.
    (ii) If complying with the requirements of Sec.  63.643(c)(1)(i) and 
the lower explosive limit at the time of the vessel opening exceeds 10 
percent, identification of the maintenance vent, the process units or 
equipment associated with the maintenance vent, the date of maintenance 
vent opening, and the lower explosive limit at the time of the vessel 
opening.
    (iii) If complying with the requirements of Sec.  63.643(c)(1)(ii) 
and either the vessel pressure at the time of the vessel opening exceeds 
5 psig or the lower explosive limit at the time of the active purging 
was initiated exceeds 10 percent, identification of the maintenance 
vent, the process units or equipment associated with the maintenance 
vent, the date of maintenance vent opening, the pressure of the vessel 
or equipment at the time of discharge to the atmosphere and, if 
applicable, the lower explosive limit of the vapors in the equipment 
when active purging was initiated.
    (iv) If complying with the requirements of Sec.  63.643(c)(1)(iii), 
records used to estimate the total quantity of VOC in the equipment and 
the type and size limits of equipment that contain less than 72 pounds 
of VOC at the time of maintenance vent opening. For each maintenance 
vent opening for which the deinventory procedures specified in paragraph 
(i)(12)(i) of this section are not followed or for which the equipment 
opened exceeds the type and size limits established in the records 
specified in this paragraph, identification of the maintenance vent, the 
process units or equipment associated with the maintenance vent, the 
date of maintenance vent opening, and records used to estimate the total 
quantity of VOC in the equipment at the time the maintenance vent was 
opened to the atmosphere.
    (v) If complying with the requirements of Sec.  63.643(c)(1)(iv), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, records documenting the lack of a 
pure hydrogen supply, the date of maintenance vent opening, and the 
lower explosive limit of the vapors in the equipment at the time of 
discharge to the atmosphere for each applicable maintenance vent 
opening.
    (vi) If complying with the requirements of Sec.  63.643(c)(1)(v), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, records documenting actions taken 
to comply with other applicable alternatives and why utilization of this 
alternative was required, the date of maintenance vent opening, the 
equipment pressure and lower explosive limit of the vapors in the 
equipment at the time of discharge, an indication of whether active 
purging was performed and the pressure of the equipment during the 
installation or removal of the blind if active purging was used, the 
duration the maintenance vent was open during the blind installation or 
removal process, and records used to estimate the total quantity of VOC 
in the equipment at the time the maintenance vent was opened to the 
atmosphere for each applicable maintenance vent opening.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 44141, Aug. 18, 1998. Redesignated and amended at 74 FR 55686, 
55687, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 78 FR 37148, June 20, 
2013; 80 FR 75246, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 
60715, Nov. 26, 2018; 85 FR 6083, Feb. 4, 2020]



Sec.  63.656  Implementation and enforcement.

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

[[Page 128]]

to a State, local, or Tribal agency under subpart E of this part, the 
authorities contained in paragraph (c) of this section are retained by 
the Administrator of U.S. EPA and cannot be transferred to the State, 
local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.640, 63.642(g) through (l), 63.643, 63.646 through 63.652, 63.654, 
63.657 through 63.660, and 63.670. Where these standards reference 
another subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also occur according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37351, June 23, 2003. Redesignated and amended at 74 FR 55686, 
55688, Oct. 28, 2009; 80 FR 75253, Dec. 1, 2015]



Sec.  63.657  Delayed coking unit decoking operation standards.

    (a) Except as provided in paragraphs (e) and (f) of this section, 
each owner or operator of a delayed coking unit shall depressure each 
coke drum to a closed blowdown system until the coke drum vessel 
pressure or temperature measured at the top of the coke drum or in the 
overhead line of the coke drum as near as practical to the coke drum 
meets the applicable limits specified in paragraph (a)(1) or (2) of this 
section prior to venting to the atmosphere, draining or deheading the 
coke drum at the end of the cooling cycle.
    (1) For delayed coking units at an existing affected source, meet 
either:
    (i) An average vessel pressure of 2 psig or less determined on a 
rolling 60-event average; or
    (ii) An average vessel temperature of 220 degrees Fahrenheit or less 
determined on a rolling 60-event average.
    (2) For delayed coking units at a new affected source, meet either:
    (i) A vessel pressure of 2.0 psig or less for each decoking event; 
or
    (ii) A vessel temperature of 218 degrees Fahrenheit or less for each 
decoking event.
    (b) Each owner or operator of a delayed coking unit complying with 
the pressure limits in paragraph (a)(1)(i) or (a)(2)(i) of this section 
shall install, operate, calibrate, and maintain a monitoring system, as 
specified in paragraphs (b)(1) through (5) of this section, to determine 
the coke drum vessel pressure.
    (1) The pressure monitoring system must be in a representative 
location (at the top of the coke drum or in the overhead line as near as 
practical to the coke drum) that minimizes or eliminates pulsating 
pressure, vibration, and, to the extent practical, internal and external 
corrosion.
    (2) The pressure monitoring system must be capable of measuring a 
pressure of 2.0 psig within 0.5 psig.
    (3) The pressure monitoring system must be verified annually or at 
the frequency recommended by the instrument manufacturer. The pressure 
monitoring system must be verified following any period of more than 24 
hours throughout which the pressure exceeded the maximum rated pressure 
of the sensor, or the data recorder was off scale.
    (4) All components of the pressure monitoring system must be 
visually inspected for integrity, oxidation and galvanic corrosion every 
3 months, unless the system has a redundant pressure sensor.
    (5) The output of the pressure monitoring system must be reviewed 
each day the unit is operated to ensure that the pressure readings 
fluctuate as expected between operating and cooling/decoking cycles to 
verify the pressure taps are not plugged. Plugged pressure taps must be 
unplugged or otherwise

[[Page 129]]

repaired prior to the next operating cycle.
    (c) Each owner or operator of a delayed coking unit complying with 
the temperature limits in paragraph (a)(1)(ii) or (a)(2)(ii) of this 
section shall install, operate, calibrate, and maintain a continuous 
parameter monitoring system to measure the coke drum vessel temperature 
(at the top of the coke drum or in the overhead line as near as 
practical to the coke drum) according to the requirements specified in 
table 13 of this subpart.
    (d) The owner or operator of a delayed coking unit shall determine 
the coke drum vessel pressure or temperature, as applicable, on a 5-
minute rolling average basis while the coke drum is vented to the closed 
blowdown system and shall use the last complete 5-minute rolling average 
pressure or temperature just prior to initiating steps to isolate the 
coke drum prior to venting, draining or deheading to demonstrate 
compliance with the requirements in paragraph (a) of this section. 
Pressure or temperature readings after initiating steps to isolate the 
coke drum from the closed blowdown system just prior to atmospheric 
venting, draining, or deheading the coke drum shall not be used in 
determining the average coke drum vessel pressure or temperature for the 
purpose of compliance with the requirements in paragraph (a) of this 
section.
    (e) The owner or operator of a delayed coking unit using the ``water 
overflow'' method of coke cooling prior to complying with the applicable 
requirements in paragraph (a) of this section must meet the requirements 
in either paragraph (e)(1) or (e)(2) of this section or, if applicable, 
the requirements in paragraph (e)(3) of this section. The owner or 
operator of a delayed coking unit using the ``water overflow'' method of 
coke cooling subject to this paragraph shall determine the coke drum 
vessel temperature as specified in paragraphs (c) and (d) of this 
section and shall not otherwise drain or vent the coke drum until the 
coke drum vessel temperature is at or below the applicable limits in 
paragraph (a)(1)(ii) or (a)(2)(ii) of this section.
    (1) The overflow water must be directed to a separator or similar 
disengaging device that is operated in a manner to prevent entrainment 
of gases from the coke drum vessel to the overflow water storage tank. 
Gases from the separator or disengaging device must be routed to a 
closed blowdown system or otherwise controlled following the 
requirements for a Group 1 miscellaneous process vent. The liquid from 
the separator or disengaging device must be hardpiped to the overflow 
water storage tank or similarly transported to prevent exposure of the 
overflow water to the atmosphere. The overflow water storage tank may be 
an open or uncontrolled fixed-roof tank provided that a submerged fill 
pipe (pipe outlet below existing liquid level in the tank) is used to 
transfer overflow water to the tank.
    (2) The overflow water must be directed to a storage vessel meeting 
the requirements for storage vessels in subpart SS of this part.
    (3) Prior to November 26, 2020, if the equipment needed to comply 
with paragraphs (e)(1) or (2) of this section are not installed and 
operational, you must comply with all of the requirements in paragraphs 
(e)(3)(i) through (iv) of this section.
    (i) The temperature of the coke drum, measured according to 
paragraph (c) of this section, must be 250 degrees Fahrenheit or less 
prior to initiation of water overflow and at all times during the water 
overflow.
    (ii) The overflow water must be hardpiped to the overflow water 
storage tank or similarly transported to prevent exposure of the 
overflow water to the atmosphere.
    (iii) The overflow water storage tank may be an open or uncontrolled 
fixed-roof tank provided that all of the following requirements are met.
    (A) A submerged fill pipe (pipe outlet below existing liquid level 
in the tank) is used to transfer overflow water to the tank.
    (B) The liquid level in the storage tank is at least 6 feet above 
the submerged fill pipe outlet at all times during water overflow.
    (C) The temperature of the contents in the storage tank remain below 
150

[[Page 130]]

degrees Fahrenheit at all times during water overflow.
    (f) The owner or operator of a delayed coking unit may partially 
drain a coke drum prior to achieving the applicable limits in paragraph 
(a) of this section in order to double-quench a coke drum that did not 
cool adequately using the normal cooling process steps provided that the 
owner or operator meets the conditions in paragraphs (f)(1) and (2) of 
this section.
    (1) The owner or operator shall install, operate, calibrate, and 
maintain a continuous parameter monitoring system to measure the drain 
water temperature at the bottom of the coke drum or in the drain line as 
near as practical to the coke drum according to the requirements 
specified in table 13 of this subpart.
    (2) The owner or operator must maintain the drain water temperature 
below 210 degrees Fahrenheit during the partial drain associated with 
the double-quench event.

[80 FR 75253, Dec. 1, 2015, as amended at 83 FR 60718, Nov. 26, 2018]



Sec.  63.658  Fenceline monitoring provisions.

    (a) The owner or operator shall conduct sampling along the facility 
property boundary and analyze the samples in accordance with Methods 
325A and 325B of appendix A of this part and paragraphs (b) through (k) 
of this section.
    (b) The target analyte is benzene.
    (c) The owner or operator shall determine passive monitor locations 
in accordance with Section 8.2 of Method 325A of appendix A of this 
part.
    (1) As it pertains to this subpart, known sources of VOCs, as used 
in Section 8.2.1.3 in Method 325A of appendix A of this part for siting 
passive monitors, means a wastewater treatment unit, process unit, or 
any emission source requiring control according to the requirements of 
this subpart, including marine vessel loading operations. For marine 
vessel loading operations, one passive monitor should be sited on the 
shoreline adjacent to the dock. For this subpart, an additional monitor 
is not required if the only emission sources within 50 meters of the 
monitoring boundary are equipment leak sources satisfying all of the 
conditions in paragraphs (c)(1)(i) through (iv) of this section.
    (i) The equipment leak sources in organic HAP service within 50 
meters of the monitoring boundary are limited to valves, pumps, 
connectors, sampling connections, and open-ended lines. If compressors, 
pressure relief devices, or agitators in organic HAP service are present 
within 50 meters of the monitoring boundary, the additional passive 
monitoring location specified in Section 8.2.1.3 in Method 325A of 
appendix A of this part must be used.
    (ii) All equipment leak sources in gas or light liquid service (and 
in organic HAP service), including valves, pumps, connectors, sampling 
connections and open-ended lines, must be monitored using EPA Method 21 
of 40 CFR part 60, appendix A-7 no less frequently than quarterly with 
no provisions for skip period monitoring, or according to the provisions 
of Sec.  63.11(c) Alternative Work practice for monitoring equipment for 
leaks. For the purpose of this provision, a leak is detected if the 
instrument reading equals or exceeds the applicable limits in paragraphs 
(c)(1)(ii)(A) through (E) of this section:
    (A) For valves, pumps or connectors at an existing source, an 
instrument reading of 10,000 ppmv.
    (B) For valves or connectors at a new source, an instrument reading 
of 500 ppmv.
    (C) For pumps at a new source, an instrument reading of 2,000 ppmv.
    (D) For sampling connections or open-ended lines, an instrument 
reading of 500 ppmv above background.
    (E) For equipment monitored according to the Alternative Work 
practice for monitoring equipment for leaks, the leak definitions 
contained in Sec.  63.11 (c)(6)(i) through (iii).
    (iii) All equipment leak sources in organic HAP service, including 
sources in gas, light liquid and heavy liquid service, must be inspected 
using visual, audible, olfactory, or any other detection method at least 
monthly. A leak is detected if the inspection identifies a potential 
leak to the atmosphere or if there are indications of liquids dripping.

[[Page 131]]

    (iv) All leaks identified by the monitoring or inspections specified 
in paragraphs (c)(1)(ii) or (iii) of this section must be repaired no 
later than 15 calendar days after it is detected with no provisions for 
delay of repair. If a repair is not completed within 15 calendar days, 
the additional passive monitor specified in Section 8.2.1.3 in Method 
325A of appendix A of this part must be used.
    (2) The owner or operator may collect one or more background samples 
if the owner or operator believes that an offsite upwind source or an 
onsite source excluded under Sec.  63.640(g) may influence the sampler 
measurements. If the owner or operator elects to collect one or more 
background samples, the owner or operator must develop and submit a 
site-specific monitoring plan for approval according to the requirements 
in paragraph (i) of this section. Upon approval of the site-specific 
monitoring plan, the background sampler(s) should be operated co-
currently with the routine samplers.
    (3) If there are 19 or fewer monitoring locations, the owner or 
operator shall collect at least one co-located duplicate sample per 
sampling period and at least one field blank per sampling period. If 
there are 20 or more monitoring locations, the owner or operator shall 
collect at least two co-located duplicate samples per sampling period 
and at least one field blank per sampling period. The co-located 
duplicates may be collected at any of the perimeter sampling
    (4) The owner or operator shall follow the procedure in Section 9.6 
of Method 325B of appendix A of this part to determine the detection 
limit of benzene for each sampler used to collect samples, background 
samples (if the owner or operator elects to do so), co-located samples 
and blanks.
    (d) The owner or operator shall collect and record meteorological 
data according to the applicable requirements in paragraphs (d)(1) 
through (3) of this section.
    (1) If a near-field source correction is used as provided in 
paragraph (i)(2) of this section or if an alternative test method is 
used that provides time-resolved measurements, the owner or operator 
shall:
    (i) Use an on-site meteorological station in accordance with Section 
8.3 of Method 325A of appendix A of this part.
    (ii) Collect and record hourly average meteorological data, 
including temperature, barometric pressure, wind speed and wind 
direction and calculate daily unit vector wind direction and daily sigma 
theta.
    (2) For cases other than those specified in paragraph (d)(1) of this 
section, the owner or operator shall collect and record sampling period 
average temperature and barometric pressure using either an on-site 
meteorological station in accordance with Section 8.3.1 through 8.3.3 of 
Method 325A of appendix A of this part or, alternatively, using data 
from a United States Weather Service (USWS) meteorological station 
provided the USWS meteorological station is within 40 kilometers (25 
miles) of the refinery.
    (3) If an on-site meteorological station is used, the owner or 
operator shall follow the calibration and standardization procedures for 
meteorological measurements in EPA-454/B-08-002 (incorporated by 
reference--see Sec.  63.14).
    (e) The owner or operator shall use a sampling period and sampling 
frequency as specified in paragraphs (e)(1) through (3) of this section.
    (1) Sampling period. A 14-day sampling period shall be used, unless 
a shorter sampling period is determined to be necessary under paragraph 
(g) or (i) of this section. A sampling period is defined as the period 
during which sampling tube is deployed at a specific sampling location 
with the diffusive sampling end cap in-place and does not include the 
time required to analyze the sample. For the purpose of this subpart, a 
14-day sampling period may be no shorter than 13 calendar days and no 
longer than 15 calendar days, but the routine sampling period shall be 
14 calendar days.
    (2) Base sampling frequency. Except as provided in paragraph (e)(3) 
of this section, the frequency of sample collection shall be once each 
contiguous 14-day sampling period, such that the beginning of the next 
14-day sampling period begins immediately upon the completion of the 
previous 14-day sampling period.

[[Page 132]]

    (3) Alternative sampling frequency for burden reduction. When an 
individual monitor consistently achieves results at or below 0.9 
[micro]g/m\3\, the owner or operator may elect to use the applicable 
minimum sampling frequency specified in paragraphs (e)(3)(i) through (v) 
of this section for that monitoring site. When calculating [Delta]c for 
the monitoring period when using this alternative for burden reduction, 
zero shall be substituted for the sample result for the monitoring site 
for any period where a sample is not taken.
    (i) If every sample at a monitoring site is at or below 0.9 
[micro]g/m\3\ for 2 years (52 consecutive samples), every other sampling 
period can be skipped for that monitoring site, i.e., sampling will 
occur approximately once per month.
    (ii) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(i) of this section is at or 
below 0.9 [micro]g/m\3\ for 2 years (i.e., 26 consecutive ``monthly'' 
samples), five 14-day sampling periods can be skipped for that 
monitoring site following each period of sampling, i.e., sampling will 
occur approximately once per quarter.
    (iii) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(ii) of this section is at or 
below 0.9 [micro]g/m\3\ for 2 years (i.e., 8 consecutive quarterly 
samples), twelve 14-day sampling periods can be skipped for that 
monitoring site following each period of sampling, i.e., sampling will 
occur twice a year.
    (iv) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(iii) of this section is at or 
below 0.9 [micro]g/m\3\ for 2 years (i.e., 4 consecutive semiannual 
samples), only one sample per year is required for that monitoring site. 
For yearly sampling, samples shall occur at least 10 months but no more 
than 14 months apart.
    (v) If at any time a sample for a monitoring site that is monitored 
at the frequency specified in paragraphs (e)(3)(i) through (iv) of this 
section returns a result that is above 0.9 [micro]g/m\3\, the sampling 
site must return to the original sampling requirements of contiguous 14-
day sampling periods with no skip periods for one quarter (six 14-day 
sampling periods). If every sample collected during this quarter is at 
or below 0.9 [micro]g/m\3\ , the owner or operator may revert back to 
the reduced monitoring schedule applicable for that monitoring site 
prior to the sample reading exceeding 0.9 [micro]g/m\3\ If any sample 
collected during this quarter is above 0.9 [micro]g/m\3\, that 
monitoring site must return to the original sampling requirements of 
contiguous 14-day sampling periods with no skip periods for a minimum of 
two years. The burden reduction requirements can be used again for that 
monitoring site once the requirements of paragraph (e)(3)(i) of this 
section are met again, i.e., after 52 contiguous 14-day samples with no 
results above 0.9 [micro]g/m\3\ .
    (f) Within 45 days of completion of each sampling period, the owner 
or operator shall determine whether the results are above or below the 
action level as follows:
    (1) The owner or operator shall determine the facility impact on the 
benzene concentration ([Delta]c) for each 14-day sampling period 
according to either paragraph (f)(1)(i) or (ii) of this section, as 
applicable.
    (i) Except when near-field source correction is used as provided in 
paragraph (i) of this section, the owner or operator shall determine the 
highest and lowest sample results for benzene concentrations from the 
sample pool and calculate [Delta]c as the difference in these 
concentrations. Co-located samples must be averaged together for the 
purposes of determining the benzene concentration for that sampling 
location, and, if applicable, for determining [Delta]c. The owner or 
operator shall adhere to the following procedures when one or more 
samples for the sampling period are below the method detection limit for 
benzene:
    (A) If the lowest detected value of benzene is below detection, the 
owner or operator shall use zero as the lowest sample result when 
calculating [Delta]c.
    (B) If all sample results are below the method detection limit, the 
owner or operator shall use the method detection limit as the highest 
sample result and zero as the lowest sample result when calculating 
[Delta]c.
    (ii) When near-field source correction is used as provided in 
paragraph (i) of this section, the owner or operator

[[Page 133]]

shall determine [Delta]c using the calculation protocols outlined in the 
approved site-specific monitoring plan and in paragraph (i) of this 
section.
    (2) The owner or operator shall calculate the annual average 
[Delta]c based on the average of the 26 most recent 14-day sampling 
periods. The owner or operator shall update this annual average value 
after receiving the results of each subsequent 14-day sampling period.
    (3) The action level for benzene is 9 micrograms per cubic meter 
([micro]g/m3) on an annual average basis. If the annual average [Delta]c 
value for benzene is less than or equal to 9 [micro]g/m\3\, the 
concentration is below the action level. If the annual average [Delta]c 
value for benzene is greater than 9 [micro]g/m\3\, the concentration is 
above the action level, and the owner or operator shall conduct a root 
cause analysis and corrective action in accordance with paragraph (g) of 
this section.
    (g) Within 5 days of determining that the action level has been 
exceeded for any annual average [Delta]c and no longer than 50 days 
after completion of the sampling period, the owner or operator shall 
initiate a root cause analysis to determine the cause of such exceedance 
and to determine appropriate corrective action, such as those described 
in paragraphs (g)(1) through (4) of this section. The root cause 
analysis and initial corrective action analysis shall be completed and 
initial corrective actions taken no later than 45 days after determining 
there is an exceedance. Root cause analysis and corrective action may 
include, but is not limited to:
    (1) Leak inspection using Method 21 of part 60, appendix A-7 of this 
chapter and repairing any leaks found.
    (2) Leak inspection using optical gas imaging and repairing any 
leaks found.
    (3) Visual inspection to determine the cause of the high benzene 
emissions and implementing repairs to reduce the level of emissions.
    (4) Employing progressively more frequent sampling, analysis and 
meteorology (e.g., using shorter sampling periods for Methods 325A and 
325B of appendix A of this part, or using active sampling techniques).
    (h) If, upon completion of the corrective action analysis and 
corrective actions such as those described in paragraph (g) of this 
section, the [Delta]c value for the next 14-day sampling period for 
which the sampling start time begins after the completion of the 
corrective actions is greater than 9 [micro]g/m\3\ or if all corrective 
action measures identified require more than 45 days to implement, the 
owner or operator shall develop a corrective action plan that describes 
the corrective action(s) completed to date, additional measures that the 
owner or operator proposes to employ to reduce fenceline concentrations 
below the action level, and a schedule for completion of these measures. 
The owner or operator shall submit the corrective action plan to the 
Administrator within 60 days after receiving the analytical results 
indicating that the [Delta]c value for the 14-day sampling period 
following the completion of the initial corrective action is greater 
than 9 [micro]g/m\3\ or, if no initial corrective actions were 
identified, no later than 60 days following the completion of the 
corrective action analysis required in paragraph (g) of this section.
    (i) An owner or operator may request approval from the Administrator 
for a site-specific monitoring plan to account for offsite upwind 
sources or onsite sources excluded under Sec.  63.640(g) according to 
the requirements in paragraphs (i)(1) through (4) of this section.
    (1) The owner or operator shall prepare and submit a site-specific 
monitoring plan and receive approval of the site-specific monitoring 
plan prior to using the near-field source alternative calculation for 
determining [Delta]c provided in paragraph (i)(2) of this section. The 
site-specific monitoring plan shall include, at a minimum, the elements 
specified in paragraphs (i)(1)(i) through (v) of this section. The 
procedures in Section 12 of Method 325A of appendix A of this part are 
not required, but may be used, if applicable, when determining near-
field source contributions.
    (i) Identification of the near-field source or sources. For onsite 
sources, documentation that the onsite source is excluded under Sec.  
63.640(g) and identification of the specific provision in Sec.  
63.640(g) that applies to the source.

[[Page 134]]

    (ii) Location of the additional monitoring stations that shall be 
used to determine the uniform background concentration and the near-
field source concentration contribution.
    (iii) Identification of the fenceline monitoring locations impacted 
by the near-field source. If more than one near-field source is present, 
identify the near-field source or sources that are expected to 
contribute to the concentration at that monitoring location.
    (iv) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the near-field 
source concentration contribution for each monitoring location.
    (v) If more frequent monitoring or a monitoring station other than a 
passive diffusive tube monitoring station is proposed, provide a 
detailed description of the measurement methods, measurement frequency, 
and recording frequency for determining the uniform background or near-
field source concentration contribution.
    (2) When an approved site-specific monitoring plan is used, the 
owner or operator shall determine [Delta]c for comparison with the 9 
[micro]g/m\3\ action level using the requirements specified in 
paragraphs (i)(2)(i) through (iii) of this section.
    (i) For each monitoring location, calculate [Delta]ci 
using the following equation.

[Delta]ci = MFCi - NFSi - UB

Where:

[Delta]ci = The fenceline concentration, corrected for 
          background, at measurement location i, micrograms per cubic 
          meter ([micro]g/m\3\).
MFCi = The measured fenceline concentration at measurement 
          location i, [micro]g/m\3\.
NFSi = The near-field source contributing concentration at 
          measurement location i determined using the additional 
          measurements and calculation procedures included in the site-
          specific monitoring plan, [micro]g/m\3\. For monitoring 
          locations that are not included in the site-specific 
          monitoring plan as impacted by a near-field source, use 
          NFSi = 0 [micro]g/m\3\.
UB = The uniform background concentration determined using the 
          additional measurements included in the site-specific 
          monitoring plan, [micro]g/m\3\. If no additional measurements 
          are specified in the site-specific monitoring plan for 
          determining the uniform background concentration, use UB = 0 
          [micro]g/m\3\.

    (ii) When one or more samples for the sampling period are below the 
method detection limit for benzene, adhere to the following procedures:
    (A) If the benzene concentration at the monitoring location used for 
the uniform background concentration is below the method detection 
limit, the owner or operator shall use zero for UB for that monitoring 
period.
    (B) If the benzene concentration at the monitoring location(s) used 
to determine the near-field source contributing concentration is below 
the method detection limit, the owner or operator shall use zero for the 
monitoring location concentration when calculating NFSi for 
that monitoring period.
    (C) If a fenceline monitoring location sample result is below the 
method detection limit, the owner or operator shall use the method 
detection limit as the sample result.
    (iii) Determine [Delta]c for the monitoring period as the maximum 
value of [Delta]ci from all of the fenceline monitoring 
locations for that monitoring period.
    (3) The site-specific monitoring plan shall be submitted and 
approved as described in paragraphs (i)(3)(i) through (iv) of this 
section.
    (i) The site-specific monitoring plan must be submitted to the 
Administrator for approval.
    (ii) The site-specific monitoring plan shall also be submitted to 
the following address: U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, U.S. EPA Mailroom (E143-01), Attention: Refinery Sector Lead, 
109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic 
copies in lieu of hard copies may also be submitted to 
[email protected].
    (iii) The Administrator shall approve or disapprove the plan in 90 
days. 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 plan.
    (iv) If the Administrator finds any deficiencies in the site-
specific monitoring plan and disapproves the plan in writing, the owner 
or operator may revise and resubmit the site-specific

[[Page 135]]

monitoring plan following the requirements in paragraphs (i)(3)(i) and 
(ii) of this section. The 90-day period starts over with the 
resubmission of the revised monitoring plan.
    (4) The approval by the Administrator of a site-specific monitoring 
plan will be based on the completeness, accuracy and reasonableness of 
the request for a site-specific monitoring plan. Factors that the 
Administrator will consider in reviewing the request for a site-specific 
monitoring plan include, but are not limited to, those described in 
paragraphs (i)(4)(i) through (v) of this section.
    (i) The identification of the near-field source or sources. For 
onsite sources, the documentation provided that the onsite source is 
excluded under Sec.  63.640(g).
    (ii) The monitoring location selected to determine the uniform 
background concentration or an indication that no uniform background 
concentration monitor will be used.
    (iii) The location(s) selected for additional monitoring to 
determine the near-field source concentration contribution.
    (iv) The identification of the fenceline monitoring locations 
impacted by the near-field source or sources.
    (v) The appropriateness of the planned data reduction and 
calculations to determine the near-field source concentration 
contribution for each monitoring location.
    (vi) If more frequent monitoring is proposed, the adequacy of the 
description of the measurement and recording frequency proposed and the 
adequacy of the rationale for using the alternative monitoring 
frequency.
    (j) The owner or operator shall comply with the applicable 
recordkeeping and reporting requirements in Sec.  63.655(h) and (i).
    (k) As outlined in Sec.  63.7(f), the owner or operator may submit a 
request for an alternative test method. At a minimum, the request must 
follow the requirements outlined in paragraphs (k)(1) through (7) of 
this section.
    (1) The alternative method may be used in lieu of all or a partial 
number of passive samplers required in Method 325A of appendix A of this 
part.
    (2) The alternative method must be validated according to Method 301 
in appendix A of this part or contain performance based procedures and 
indicators to ensure self-validation.
    (3) The method detection limit must nominally be at least an order 
of magnitude below the action level, i.e., 0.9 [micro]g/m\3\ benzene. 
The alternate test method must describe the procedures used to provide 
field verification of the detection limit.
    (4) The spatial coverage must be equal to or better than the spatial 
coverage provided in Method 325A of appendix A of this part.
    (i) For path average concentration open-path instruments, the 
physical path length of the measurement shall be no more than a passive 
sample footprint (the spacing that would be provided by the sorbent 
traps when following Method 325A). For example, if Method 325A requires 
spacing monitors A and B 610 meters (2000 feet) apart, then the physical 
path length limit for the measurement at that portion of the fenceline 
shall be no more than 610 meters (2000 feet).
    (ii) For range resolved open-path instrument or approach, the 
instrument or approach must be able to resolve an average concentration 
over each passive sampler footprint within the path length of the 
instrument.
    (iii) The extra samplers required in Sections 8.2.1.3 of Method 325A 
may be omitted when they fall within the path length of an open-path 
instrument.
    (5) At a minimum, non-integrating alternative test methods must 
provide a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (6) For alternative test methods capable of real time measurements 
(less than a 5 minute sampling and analysis cycle), the alternative test 
method may allow for elimination of data points corresponding to outside 
emission sources for purpose of calculation of the high point for the 
two week average. The alternative test method approach must have wind 
speed, direction and stability class of the same time resolution and 
within the footprint of the instrument.

[[Page 136]]

    (7) For purposes of averaging data points to determine the [Delta]c 
for the 14-day average high sample result, all results measured under 
the method detection limit must use the method detection limit. For 
purposes of averaging data points for the 14-day average low sample 
result, all results measured under the method detection limit must use 
zero.

[80 FR 75254, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016; 83 
FR 60718, Nov. 26, 2018]



Sec.  63.660  Storage vessel provisions.

    On and after the applicable compliance date for a Group 1 storage 
vessel located at a new or existing source as specified in Sec.  
63.640(h), the owner or operator of a Group 1 storage vessel storing 
liquid with a maximum true vapor pressure less than 76.6 kilopascals 
(11.1 pounds per square inch) that is part of a new or existing source 
shall comply with either the requirements in subpart WW or SS of this 
part according to the requirements in paragraphs (a) through (i) of this 
section and the owner or operator of a Group 1 storage vessel storing 
liquid with a maximum true vapor pressure greater than or equal to 76.6 
kilopascals (11.1 pounds per square inch) that is part of a new or 
existing source shall comply with the requirements in subpart SS of this 
part according to the requirements in paragraphs (a) through (i) of this 
section.
    (a) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A, WW, or SS of this part. 
The definitions of ``Group 1 storage vessel'' (paragraph (2)) and 
``Storage vessel'' in Sec.  63.641 shall apply in lieu of the definition 
of ``Storage vessel'' in Sec.  63.1061.
    (1) An owner or operator may use good engineering judgment or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
an appropriate method (based on the type of liquid stored) as published 
by EPA or a consensus-based standards organization shall be used. 
Consensus-based standards organizations include, but are not limited to, 
the following: ASTM International (100 Barr Harbor Drive, P.O. Box 
CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, 
http://www.astm.org), the American National Standards Institute (ANSI, 
1819 L Street NW., 6th Floor, Washington, DC 20036, (202) 293-8020, 
http://www.ansi.org), the American Gas Association (AGA, 400 North 
Capitol Street NW., 4th Floor, Washington, DC 20001, (202) 824-7000, 
http://www.aga.org), the American Society of Mechanical Engineers (ASME, 
Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://
www.asme.org), the American Petroleum Institute (API, 1220 L Street NW., 
Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the 
North American Energy Standards Board (NAESB, 801 Travis Street, Suite 
1675, Houston, TX 77002, (713) 356-0060, http://www.naesb.org).
    (b) A floating roof storage vessel complying with the requirements 
of subpart WW of this part may comply with the control option specified 
in paragraph (b)(1) of this section and, if equipped with a ladder 
having at least one slotted leg, shall comply with one of the control 
options as described in paragraph (b)(2) of this section. If the 
floating roof storage vessel does not meet the requirements of Sec.  
63.1063(a)(2)(i) through (a)(2)(viii) as of June 30, 2014, these 
requirements do not apply until the next time the vessel is completely 
emptied and degassed, or January 30, 2026, whichever occurs first.
    (1) In addition to the options presented in Sec. Sec.  
63.1063(a)(2)(viii)(A) and (B) and 63.1064, a floating roof storage 
vessel may comply with Sec.  63.1063(a)(2)(viii) using a flexible 
enclosure device and either a gasketed or welded cap on the top of the 
guidepole.
    (2) Each opening through a floating roof for a ladder having at 
least one slotted leg shall be equipped with one

[[Page 137]]

of the configurations specified in paragraphs (b)(2)(i) through (iii) of 
this section.
    (i) A pole float in the slotted leg and pole wipers for both legs. 
The wiper or seal of the pole float must be at or above the height of 
the pole wiper.
    (ii) A ladder sleeve and pole wipers for both legs of the ladder.
    (iii) A flexible enclosure device and either a gasketed or welded 
cap on the top of the slotted leg.
    (c) For the purposes of this subpart, references shall apply as 
specified in paragraphs (c)(1) through (6) of this section.
    (1) All references to ``the proposal date for a referencing 
subpart'' and ``the proposal date of the referencing subpart'' in 
subpart WW of this part mean June 30, 2014.
    (2) All references to ``promulgation of the referencing subpart'' 
and ``the promulgation date of the referencing subpart'' in subpart WW 
of this part mean February 1, 2016.
    (3) All references to ``promulgation date of standards for an 
affected source or affected facility under a referencing subpart'' in 
subpart SS of this part mean February 1, 2016.
    (4) All references to ``the proposal date of the relevant standard 
established pursuant to CAA section 112(f)'' in subpart SS of this part 
mean June 30, 2014.
    (5) All references to ``the proposal date of a relevant standard 
established pursuant to CAA section 112(d)'' in subpart SS of this part 
mean July 14, 1994.
    (6) All references to the ``required control efficiency'' in subpart 
SS of this part mean reduction of organic HAP emissions by 95 percent or 
to an outlet concentration of 20 ppmv.
    (d) For an uncontrolled fixed roof storage vessel that commenced 
construction on or before June 30, 2014, and that meets the definition 
of ``Group 1 storage vessel'', paragraph (2), in Sec.  63.641 but not 
the definition of ``Group 1 storage vessel'', paragraph (1), in Sec.  
63.641, the requirements of Sec.  63.982 and/or Sec.  63.1062 do not 
apply until the next time the storage vessel is completely emptied and 
degassed, or January 30, 2026, whichever occurs first.
    (e) For storage vessels previously subject to requirements in Sec.  
63.646, initial inspection requirements in Sec.  63.1063(c)(1) and 
(c)(2)(i) (i.e., those related to the initial filling of the storage 
vessel) or in Sec.  63.983(b)(1)(i)(A), as applicable, are not required. 
Failure to perform other inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (f) References in Sec.  63.1066(a) to initial startup notification 
requirements do not apply.
    (g) References to the Notification of Compliance Status in Sec.  
63.999(b) mean the Notification of Compliance Status required by Sec.  
63.655(f).
    (h) References to the Periodic Reports in Sec. Sec.  63.1066(b) and 
63.999(c) mean the Periodic Report required by Sec.  63.655(g).
    (i) Owners or operators electing to comply with the requirements in 
subpart SS of this part for a Group 1 storage vessel must comply with 
the requirements in paragraphs (i)(1) through (3) of this section.
    (1) If a flare is used as a control device, the flare shall meet the 
requirements of Sec.  63.670 instead of the flare requirements in Sec.  
63.987.
    (2) If a closed vent system contains a bypass line, the owner or 
operator shall comply with the provisions of either Sec.  
63.983(a)(3)(i) or (ii) or paragraph (iii) of this section for each 
closed vent system that contains bypass lines that could divert a vent 
stream either directly to the atmosphere or to a control device that 
does not comply with the requirements in subpart SS of this part. Except 
as provided in paragraphs (i)(2)(i) and (ii) of this section, use of the 
bypass at any time to divert a Group 1 storage vessel either directly to 
the atmosphere or to a control device that does not comply with the 
requirements in subpart SS of this part is an emissions standards 
violation. Equipment such as low leg drains and equipment subject to 
Sec.  63.648 are not subject to this paragraph (i)(2).
    (i) If planned routine maintenance of the control device cannot be 
performed during periods that storage vessel emissions are vented to the 
control device or when the storage vessel is taken out of service for 
inspections or other planned maintenance reasons,

[[Page 138]]

the owner or operator may bypass the control device.
    (ii) Periods for which storage vessel control device may be bypassed 
for planned routine maintenance of the control device shall not exceed 
240 hours per calendar year.
    (iii) Use a cap, blind flange, plug, or a second valve for an open-
ended valve or line following the requirements specified in Sec.  
60.482-6(a)(2), (b), and (c).
    (3) If storage vessel emissions are routed to a fuel gas system or 
process, the fuel gas system or process shall be operating at all times 
when regulated emissions are routed to it. The exception in Sec.  
63.984(a)(1) does not apply.

[80 FR 75257, Dec. 1, 2015, as amended at 83 FR 60719, Nov. 26, 2018; 85 
FR 6083, Feb. 4, 2020]



Sec.  63.670  Requirements for flare control devices.

    On or before January 30, 2019, the owner or operator of a flare used 
as a control device for an emission point subject to this subpart shall 
meet the applicable requirements for flares as specified in paragraphs 
(a) through (q) of this section and the applicable requirements in Sec.  
63.671. The owner or operator may elect to comply with the requirements 
of paragraph (r) of this section in lieu of the requirements in 
paragraphs (d) through (f) of this section, as applicable.

                             (a) [Reserved]

    (b) Pilot flame presence. The owner or operator shall operate each 
flare with a pilot flame present at all times when regulated material is 
routed to the flare. Each 15-minute block during which there is at least 
one minute where no pilot flame is present when regulated material is 
routed to the flare is a deviation of the standard. Deviations in 
different 15-minute blocks from the same event are considered separate 
deviations. The owner or operator shall monitor for the presence of a 
pilot flame as specified in paragraph (g) of this section.
    (c) Visible emissions. The owner or operator shall specify the 
smokeless design capacity of each flare and operate with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours, when regulated material is routed to the flare 
and the flare vent gas flow rate is less than the smokeless design 
capacity of the flare. The owner or operator shall monitor for visible 
emissions from the flare as specified in paragraph (h) of this section.
    (d) Flare tip velocity. For each flare, the owner or operator shall 
comply with either paragraph (d)(1) or (2) of this section, provided the 
appropriate monitoring systems are in-place, whenever regulated material 
is routed to the flare for at least 15-minutes and the flare vent gas 
flow rate is less than the smokeless design capacity of the flare.
    (1) Except as provided in paragraph (d)(2) of this section, the 
actual flare tip velocity (Vtip) must be less than 60 feet 
per second. The owner or operator shall monitor Vtipusing the 
procedures specified in paragraphs (i) and (k) of this section.
    (2) Vtip must be less than 400 feet per second and also 
less than the maximum allowed flare tip velocity (Vmax) as 
calculated according to the following equation. The owner or operator 
shall monitor Vtip using the procedures specified in 
paragraphs (i) and (k) of this section and monitor gas composition and 
determine NHVvg using the procedures specified in paragraphs 
(j) and (l) of this section.
[GRAPHIC] [TIFF OMITTED] TR04FE20.003

Where:

Vmax = Maximum allowed flare tip velocity, ft/sec.
NHVvg = Net heating value of flare vent gas, as determined by 
          paragraph (k)(4) of this section, Btu/scf.
1,212 = Constant.
850 = Constant.

    (e) Combustion zone operating limits. For each flare, the owner or 
operator shall operate the flare to maintain the net heating value of 
flare combustion zone gas (NHVcz) at or above 270 British 
thermal units per standard cubic feet (Btu/scf) determined on a 15-
minute block period basis when regulated material is routed to the flare 
for at least 15-minutes. The owner or operator shall monitor and 
calculate NHVcz as specified in paragraph (m) of this 
section.

[[Page 139]]

    (f) Dilution operating limits for flares with perimeter assist air. 
Except as provided in paragraph (f)(1) of this section, for each flare 
actively receiving perimeter assist air, the owner or operator shall 
operate the flare to maintain the net heating value dilution parameter 
(NHVdil) at or above 22 British thermal units per square foot (Btu/
ft\2\) determined on a 15-minute block period basis when regulated 
material is being routed to the flare for at least 15-minutes. The owner 
or operator shall monitor and calculate NHVdil as specified 
in paragraph (n) of this section.
    (1) If the only assist air provided to a specific flare is perimeter 
assist air intentionally entrained in lower and/or upper steam at the 
flare tip and the effective diameter is 9 inches or greater, the owner 
or operator shall comply only with the NHVcz operating limit 
in paragraph (e) of this section for that flare.
    (2) [Reserved]
    (g) Pilot flame monitoring. The owner or operator shall continuously 
monitor the presence of the pilot flame(s) using a device (including, 
but not limited to, a thermocouple, ultraviolet beam sensor, or infrared 
sensor) capable of detecting that the pilot flame(s) is present.
    (h) Visible emissions monitoring. The owner or operator shall 
conduct an initial visible emissions demonstration using an observation 
period of 2 hours using Method 22 at 40 CFR part 60, appendix A-7. The 
initial visible emissions demonstration should be conducted the first 
time regulated materials are routed to the flare. Subsequent visible 
emissions observations must be conducted using either the methods in 
paragraph (h)(1) of this section or, alternatively, the methods in 
paragraph (h)(2) of this section. The owner or operator must record and 
report any instances where visible emissions are observed for more than 
5 minutes during any 2 consecutive hours as specified in Sec.  
63.655(g)(11)(ii).
    (1) At least once per day for each day regulated material is routed 
to the flare, conduct visible emissions observations using an 
observation period of 5 minutes using Method 22 at 40 CFR part 60, 
appendix A-7. If at any time the owner or operator sees visible 
emissions while regulated material is routed to the flare, even if the 
minimum required daily visible emission monitoring has already been 
performed, the owner or operator shall immediately begin an observation 
period of 5 minutes using Method 22 at 40 CFR part 60, appendix A-7. If 
visible emissions are observed for more than one continuous minute 
during any 5-minute observation period, the observation period using 
Method 22 at 40 CFR part 60, appendix A-7 must be extended to 2 hours or 
until 5-minutes of visible emissions are observed. Daily 5-minute Method 
22 observations are not required to be conducted for days the flare does 
not receive any regulated material.
    (2) Use a video surveillance camera to continuously record (at least 
one frame every 15 seconds with time and date stamps) images of the 
flare flame and a reasonable distance above the flare flame at an angle 
suitable for visual emissions observations. The owner or operator must 
provide real-time video surveillance camera output to the control room 
or other continuously manned location where the camera images may be 
viewed at any time.
    (i) Flare vent gas, steam assist and air assist flow rate 
monitoring. The owner or operator shall install, operate, calibrate, and 
maintain a monitoring system capable of continuously measuring, 
calculating, and recording the volumetric flow rate in the flare header 
or headers that feed the flare as well as any flare supplemental gas 
used. Different flow monitoring methods may be used to measure different 
gaseous streams that make up the flare vent gas provided that the flow 
rates of all gas streams that contribute to the flare vent gas are 
determined. If assist air or assist steam is used, the owner or operator 
shall install, operate, calibrate, and maintain a monitoring system 
capable of continuously measuring, calculating, and recording the 
volumetric flow rate of assist air and/or assist steam used with the 
flare. If pre-mix assist air and perimeter assist are both used, the 
owner or operator shall install, operate, calibrate, and maintain a 
monitoring system capable of separately measuring, calculating, and 
recording the volumetric flow rate

[[Page 140]]

of premix assist air and perimeter assist air used with the flare. Flow 
monitoring system requirements and acceptable alternatives are provided 
in paragraphs (i)(1) through (6) of this section.
    (1) The flow rate monitoring systems must be able to correct for the 
temperature and pressure of the system and output parameters in standard 
conditions (i.e., a temperature of 20 [deg]C (68 [deg]F) and a pressure 
of 1 atmosphere).
    (2) Mass flow monitors may be used for determining volumetric flow 
rate of flare vent gas provided the molecular weight of the flare vent 
gas is determined using compositional analysis as specified in paragraph 
(j) of this section so that the mass flow rate can be converted to 
volumetric flow at standard conditions using the following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.009

Where:

Qvol = Volumetric flow rate, standard cubic feet per second.
Qmass = Mass flow rate, pounds per second.
385.3 = Conversion factor, standard cubic feet per pound-mole.
MWt = Molecular weight of the gas at the flow monitoring location, 
          pounds per pound-mole.

    (3) Mass flow monitors may be used for determining volumetric flow 
rate of assist air or assist steam. Use equation in paragraph (i)(2) of 
this section to convert mass flow rates to volumetric flow rates. Use a 
molecular weight of 18 pounds per pound-mole for assist steam and use a 
molecular weight of 29 pounds per pound-mole for assist air.
    (4) Continuous pressure/temperature monitoring system(s) and 
appropriate engineering calculations may be used in lieu of a continuous 
volumetric flow monitoring systems provided the molecular weight of the 
gas is known. For assist steam, use a molecular weight of 18 pounds per 
pound-mole. For assist air, use a molecular weight of 29 pounds per 
pound-mole. For flare vent gas, molecular weight must be determined 
using compositional analysis as specified in paragraph (j) of this 
section.
    (5) Continuously monitoring fan speed or power and using fan curves 
is an acceptable method for continuously monitoring assist air flow 
rates.
    (6) For perimeter assist air intentionally entrained in lower and/or 
upper steam, the monitored steam flow rate and the maximum design air-
to-steam volumetric flow ratio of the entrainment system may be used to 
determine the assist air flow rate.
    (j) Flare vent gas composition monitoring. The owner or operator 
shall determine the concentration of individual components in the flare 
vent gas using either the methods provided in paragraph (j)(1) or (2) of 
this section, to assess compliance with the operating limits in 
paragraph (e) of this section and, if applicable, paragraphs (d) and (f) 
of this section. Alternatively, the owner or operator may elect to 
directly monitor the net heating value of the flare vent gas following 
the methods provided in paragraphs (j)(3) of this section and, if 
desired, may directly measure the hydrogen concentration in the flare 
vent gas following the methods provided in paragraphs (j)(4) of this 
section. The owner or operator may elect to use different monitoring 
methods for different gaseous streams that make up the flare vent gas 
using different methods provided the composition or net heating value of 
all gas streams that contribute to the flare vent gas are determined.
    (1) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, calibrate, and maintain a 
monitoring system capable of continuously measuring (i.e., at least once 
every 15-minutes), calculating, and recording the individual component 
concentrations present in the flare vent gas.

[[Page 141]]

    (2) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, and maintain a grab 
sampling system capable of collecting an evacuated canister sample for 
subsequent compositional analysis at least once every eight hours while 
there is flow of regulated material to the flare. Subsequent 
compositional analysis of the samples must be performed according to 
Method 18 of 40 CFR part 60, appendix A-6, ASTM D6420-99 (Reapproved 
2010), ASTM D1945-03 (Reapproved 2010), ASTM D1945-14 or ASTM UOP539-12 
(all incorporated by reference--see Sec.  63.14).
    (3) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, calibrate, and maintain a 
calorimeter capable of continuously measuring, calculating, and 
recording NHVvg at standard conditions.
    (4) If the owner or operator uses a continuous net heating value 
monitor according to paragraph (j)(3) of this section, the owner or 
operator may, at their discretion, install, operate, calibrate, and 
maintain a monitoring system capable of continuously measuring, 
calculating, and recording the hydrogen concentration in the flare vent 
gas.
    (5) Direct compositional or net heating value monitoring is not 
required for purchased (``pipeline quality'') natural gas streams. The 
net heating value of purchased natural gas streams may be determined 
using annual or more frequent grab sampling at any one representative 
location. Alternatively, the net heating value of any purchased natural 
gas stream can be assumed to be 920 Btu/scf.
    (6) Direct compositional or net heating value monitoring is not 
required for gas streams that have been demonstrated to have consistent 
composition (or a fixed minimum net heating value) according to the 
methods in paragraphs (j)(6)(i) through (iii) of this section.
    (i) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (A) A description of the flare gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the flare gas stream/system and the 
affected flare(s) to be considered;
    (B) A statement that there are no crossover or entry points to be 
introduced into the flare gas stream/system (this should be shown in the 
piping diagrams) prior to the point where the flow rate of the gas 
streams is measured;
    (C) An explanation of the conditions that ensure that the flare gas 
net heating value is consistent and, if flare gas net heating value is 
expected to vary (e.g., due to product loading of different material), 
the conditions expected to produce the flare gas with the lowest net 
heating value;
    (D) The supporting test results from sampling the requested flare 
gas stream/system for the net heating value. Sampling data must include, 
at minimum, 2 weeks of daily measurement values (14 grab samples) for 
frequently operated flare gas streams/systems; for infrequently operated 
flare gas streams/systems, seven grab samples must be collected unless 
other additional information would support reduced sampling. If the 
flare gas stream composition can vary, samples must be taken during 
those conditions expected to result in lowest net heating value 
identified in paragraph (j)(6)(i)(C) of this section. The owner or 
operator shall determine net heating value for the gas stream using 
either gas composition analysis or net heating value monitor (with 
optional hydrogen concentration analyzer) according to the method 
provided in paragraph (l) of this section; and
    (E) A description of how the 2 weeks (or seven samples for 
infrequently operated flare gas streams/systems) of monitoring results 
compares to the typical range of net heating values expected for the 
flare gas stream/system going to the affected flare (e.g., ``the samples 
are representative of typical operating conditions of the flare gas 
stream going to the loading rack flare'' or ``the samples are 
representative of conditions expected to yield the lowest net heating 
value of the flare gas stream going to the loading rack flare'').

[[Page 142]]

    (F) The net heating value to be used for all flows of the flare vent 
gas from the flare gas stream/system covered in the application. A 
single net heating value must be assigned to the flare vent gas either 
by selecting the lowest net heating value measured in the sampling 
program or by determining the 95th percent confidence interval on the 
mean value of all samples collected using the t-distribution statistic 
(which is 1.943 for 7 grab samples or 1.771 for 14 grab samples).
    (ii) The effective date of the exemption is the date of submission 
of the information required in paragraph (j)(6)(i) of this section.
    (iii) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator shall follow the procedures in paragraph 
(j)(6)(iii)(A), (B), or (C) of this section.
    (A) If the operation change results in a flare vent gas net heating 
value that is still within the range of net heating values included in 
the original application, the owner or operator shall determine the net 
heating value on a grab sample and record the results as proof that the 
net heating value assigned to the vent gas stream in the original 
application is still appropriate.
    (B) If the operation change results in a flare vent gas net heating 
value that is lower than the net heating value assigned to the vent gas 
stream in the original application, the owner or operator may submit new 
information following the procedures of paragraph (j)(6)(i) of this 
section within 60 days (or within 30 days after the seventh grab sample 
is tested for infrequently operated process units).
    (C) If the operation change results in a flare vent gas net heating 
value has greater variability in the flare gas stream/system such the 
owner or operator chooses not to submit new information to support an 
exemption, the owner or operator must begin monitoring the composition 
or net heat content of the flare vent gas stream using the methods in 
this section (i.e., grab samples every 8 hours until such time a 
continuous monitor, if elected, is installed).
    (k) Calculation methods for cumulative flow rates and determining 
compliance with Vtip operating limits. The owner or operator shall 
determine Vtip on a 15-minute block average basis according 
to the following requirements.
    (1) The owner or operator shall use design and engineering 
principles to determine the unobstructed cross sectional area of the 
flare tip. The unobstructed cross sectional area of the flare tip is the 
total tip area that vent gas can pass through. This area does not 
include any stability tabs, stability rings, and upper steam or air 
tubes because flare vent gas does not exit through them.
    (2) The owner or operator shall determine the cumulative volumetric 
flow of flare vent gas for each 15-minute block average period using the 
data from the continuous flow monitoring system required in paragraph 
(i) of this section according to the following requirements, as 
applicable. If desired, the cumulative flow rate for a 15-minute block 
period only needs to include flow during those periods when regulated 
material is sent to the flare, but owners or operators may elect to 
calculate the cumulative flow rates across the entire 15-minute block 
period for any 15-minute block period where there is regulated material 
flow to the flare.
    (i) Use set 15-minute time periods starting at 12 midnight to 12:15 
a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to 
midnight when calculating 15-minute block average flow volumes.
    (ii) If continuous pressure/temperature monitoring system(s) and 
engineering calculations are used as allowed under paragraph (i)(4) of 
this section, the owner or operator shall, at a minimum, determine the 
15-minute block average temperature and pressure from the monitoring 
system and use those values to perform the engineering calculations to 
determine the cumulative flow over the 15-minute block average period. 
Alternatively, the owner or operator may divide the 15-minute block 
average period into equal duration subperiods(e.g., three 5-

[[Page 143]]

minute periods) and determine the average temperature and pressure for 
each subperiod, perform engineering calculations to determine the flow 
for each subperiod, then add the volumetric flows for the subperiods to 
determine the cumulative volumetric flow of vent gas for the 15-minute 
block average period.
    (3) The 15-minute block average Vtip shall be calculated 
using the following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.010

Where:

Vtip = Flare tip velocity, feet per second.
Qcum = Cumulative volumetric flow over 15-minute block 
          average period, standard cubic feet.
Area = Unobstructed area of the flare tip, square feet.
900 = Conversion factor, seconds per 15-minute block average.

    (4) If the owner or operator chooses to comply with paragraph (d)(2) 
of this section, the owner or operator shall also determine the net 
heating value of the flare vent gas following the requirements in 
paragraphs (j) and (l) of this section and calculate Vmax 
using the equation in paragraph (d)(2) of this section in order to 
compare Vtip to Vmax on a 15-minute block average 
basis.
    (l) Calculation methods for determining flare vent gas net heating 
value. The owner or operator shall determine the net heating value of 
the flare vent gas (NHVvg) based on the composition 
monitoring data on a 15-minute block average basis according to the 
following requirements.
    (1) If compositional analysis data are collected as provided in 
paragraph (j)(1) or (2) of this section, the owner or operator shall 
determine NHVvg of a specific sample by using the following 
equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.011

Where:

NHVvg = Net heating value of flare vent gas, Btu/scf.
i = Individual component in flare vent gas.
n = Number of components in flare vent gas.
xi = Concentration of component i in flare vent gas, volume 
          fraction.
NHVi = Net heating value of component i according to table 12 
          of this subpart, Btu/scf. If the component is not specified in 
          table 12 of this subpart, the heats of combustion may be 
          determined using any published values where the net enthalpy 
          per mole of offgas is based on combustion at 25 [deg]C and 1 
          atmosphere (or constant pressure) with offgas water in the 
          gaseous state, but the standard temperature for determining 
          the volume corresponding to one mole of vent gas is 20 [deg]C.

    (2) If direct net heating value monitoring data are collected as 
provided in paragraph (j)(3) of this section but a hydrogen 
concentration monitor is not used, the owner or operator shall use the 
direct output of the monitoring system(s) (in Btu/scf) to determine the 
NHVvg for the sample.
    (3) If direct net heating value monitoring data are collected as 
provided in paragraph (j)(3) of this section and hydrogen concentration 
monitoring data are collected as provided in paragraph (j)(4) of this 
section, the owner or operator shall use the following equation to 
determine NHVvg for each sample measured via the net heating 
value monitoring system.


NHVvg = NHVmeasured + 938xH2

Where:

NHVvg = Net heating value of flare vent gas, Btu/scf.


[[Page 144]]


NHVmeasured = Net heating value of flare vent gas stream as 
          measured by the continuous net heating value monitoring 
          system, Btu/scf.
xH2 = Concentration of hydrogen in flare vent gas at the time the sample 
          was input into the net heating value monitoring system, volume 
          fraction.
938 = Net correction for the measured heating value of hydrogen (1,212 - 
          274), Btu/scf.

    (4) Use set 15-minute time periods starting at 12 midnight to 12:15 
a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to 
midnight when calculating 15-minute block averages.
    (5) When a continuous monitoring system is used as provided in 
paragraph (j)(1) or (3) of this section and, if applicable, paragraph 
(j)(4) of this section, the owner or operator may elect to determine the 
15-minute block average NHVvg using either the calculation 
methods in paragraph (l)(5)(i) of this section or the calculation 
methods in paragraph (l)(5)(ii) of this section. The owner or operator 
may choose to comply using the calculation methods in paragraph 
(l)(5)(i) of this section for some flares at the petroleum refinery and 
comply using the calculation methods (l)(5)(ii) of this section for 
other flares. However, for each flare, the owner or operator must elect 
one calculation method that will apply at all times, and use that method 
for all continuously monitored flare vent streams associated with that 
flare. If the owner or operator intends to change the calculation method 
that applies to a flare, the owner or operator must notify the 
Administrator 30 days in advance of such a change.
    (i) Feed-forward calculation method. When calculating 
NHVvg for a specific 15-minute block:
    (A) Use the results from the first sample collected during an event, 
(for periodic flare vent gas flow events) for the first 15-minute block 
associated with that event.
    (B) If the results from the first sample collected during an event 
(for periodic flare vent gas flow events) are not available until after 
the second 15-minute block starts, use the results from the first sample 
collected during an event for the second 15-minute block associated with 
that event.
    (C) For all other cases, use the results that are available from the 
most recent sample prior to the 15-minute block period for that 15-
minute block period for all flare vent gas steams. For the purpose of 
this requirement, use the time that the results become available rather 
than the time the sample was collected. For example, if a sample is 
collected at 12:25 a.m. and the analysis is completed at 12:38 a.m., the 
results are available at 12:38 a.m. and these results would be used to 
determine compliance during the 15-minute block period from 12:45 a.m. 
to 1:00 a.m.
    (ii) Direct calculation method. When calculating NHVvg 
for a specific 15-minute block:
    (A) If the results from the first sample collected during an event 
(for periodic flare vent gas flow events) are not available until after 
the second 15-minute block starts, use the results from the first sample 
collected during an event for the first 15-minute block associated with 
that event.
    (B) For all other cases, use the arithmetic average of all 
NHVvg measurement data results that become available during a 
15-minute block to calculate the 15-minute block average for that 
period. For the purpose of this requirement, use the time that the 
results become available rather than the time the sample was collected. 
For example, if a sample is collected at 12:25 a.m. and the analysis is 
completed at 12:38 a.m., the results are available at 12:38 a.m. and 
these results would be used to determine compliance during the 15-minute 
block period from 12:30 a.m. to 12:45 a.m.
    (6) When grab samples are used to determine flare vent gas 
composition:
    (i) Use the analytical results from the first grab sample collected 
for an event for all 15-minute periods from the start of the event 
through the 15-minute block prior to the 15-minute block in which a 
subsequent grab sample is collected.
    (ii) Use the results from subsequent grab sampling events for all 15 
minute periods starting with the 15-minute block in which the sample was 
collected and ending with the 15-minute block prior to the 15-minute 
block in

[[Page 145]]

which the next grab sample is collected. For the purpose of this 
requirement, use the time the sample was collected rather than the time 
the analytical results become available.
    (7) If the owner or operator monitors separate gas streams that 
combine to comprise the total flare vent gas flow, the 15-minute block 
average net heating value shall be determined separately for each 
measurement location according to the methods in paragraphs (l)(1) 
through (6) of this section and a flow-weighted average of the gas 
stream net heating values shall be used to determine the 15-minute block 
average net heating value of the cumulative flare vent gas.
    (m) Calculation methods for determining combustion zone net heating 
value. The owner or operator shall determine the net heating value of 
the combustion zone gas (NHVcz) as specified in paragraph 
(m)(1) or (2) of this section, as applicable.
    (1) Except as specified in paragraph (m)(2) of this section, 
determine the 15-minute block average NHVcz based on the 15-
minute block average vent gas and assist gas flow rates using the 
following equation. For periods when there is no assist steam flow or 
premix assist air flow, NHVcz = NHVvg.
[GRAPHIC] [TIFF OMITTED] TR01DE15.012

Where:

NHVcz = Net heating value of combustion zone gas, Btu/scf.
NHVvg = Net heating value of flare vent gas for the 15-minute 
          block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.

    (2) Owners or operators of flares that use the feed-forward 
calculation methodology in paragraph (l)(5)(i) of this section and that 
monitor gas composition or net heating value in a location 
representative of the cumulative vent gas stream and that directly 
monitor flare supplemental gas flow additions to the flare must 
determine the 15-minute block average NHVcz using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.013

Where:

NHVcz = Net heating value of combustion zone gas, Btu/scf.
NHVvg = Net heating value of flare vent gas for the 15-minute 
          block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
QNG2 = Cumulative volumetric flow of flare supplemental gas 
          during the 15-minute block period, scf.
QNG1 = Cumulative volumetric flow of flare supplemental gas 
          during the previous 15-minute block period, scf. For the first 
          15-minute block period of an event, use the volumetric flow 
          value for the current 15-minute block period, i.e., 
          QNG1 = QNG2.
NHVNG = Net heating value of flare supplemental gas for the 
          15-minute block period determined according to the 
          requirements in paragraph (j)(5) of this section, Btu/scf.
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.


[[Page 146]]


    (n) Calculation methods for determining the net heating value 
dilution parameter. The owner or operator shall determine the net 
heating value dilution parameter (NHVdil) as specified in 
paragraph (n)(1) or (2) of this section, as applicable.
    (1) Except as specified in paragraph (n)(2) of this section, 
determine the 15-minute block average NHVdil based on the 15-
minute block average vent gas and perimeter assist air flow rates using 
the following equation only during periods when perimeter assist air is 
used. For 15-minute block periods when there is no cumulative volumetric 
flow of perimeter assist air, the 15-minute block average 
NHVdil parameter does not need to be calculated.
[GRAPHIC] [TIFF OMITTED] TR01DE15.014

Where:

NHVdil = Net heating value dilution parameter, Btu/ft\2\.
NHVvg = Net heating value of flare vent gas determined for 
          the 15-minute block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
Diam = Effective diameter of the unobstructed area of the flare tip for 
          flare vent gas flow, ft. Use the area as determined in 
          paragraph (k)(1) of this section and determine the diameter as
          [GRAPHIC] [TIFF OMITTED] TR01DE15.015
          
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.
Qa,perimeter = Cumulative volumetric flow of perimeter assist 
          air during the 15-minute block period, scf.

    (2) Owners or operators of flares that use the feed-forward 
calculation methodology in paragraph (l)(5)(i) of this section and that 
monitor gas composition or net heating value in a location 
representative of the cumulative vent gas stream and that directly 
monitor flare supplemental gas flow additions to the flare must 
determine the 15-minute block average NHVdil using the 
following equation only during periods when perimeter assist air is 
used. For 15-minute block periods when there is no cumulative volumetric 
flow of perimeter assist air, the 15-minute block average 
NHVdil parameter does not need to be calculated.
[GRAPHIC] [TIFF OMITTED] TR01DE15.016

Where:

NHVdil = Net heating value dilution parameter, Btu/ft\2\.
NHVvg = Net heating value of flare vent gas determined for 
          the 15-minute block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
QNG2 = Cumulative volumetric flow of flare supplemental gas 
          during the 15-minute block period, scf.

[[Page 147]]

QNG1 = Cumulative volumetric flow of flare supplemental gas 
          during the previous 15-minute block period, scf. For the first 
          15-minute block period of an event, use the volumetric flow 
          value for the current 15-minute block period, i.e., 
          QNG1 = QNG2.
NHVNG = Net heating value of flare supplemental gas for the 
          15-minute block period determined according to the 
          requirements in paragraph (j)(5) of this section, Btu/scf.
Diam = Effective diameter of the unobstructed area of the flare tip for 
          flare vent gas flow, ft. Use the area as determined in 
          paragraph (k)(1) of this section and determine the diameter as
          [GRAPHIC] [TIFF OMITTED] TR01DE15.017
          
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.
Qa,perimeter = Cumulative volumetric flow of perimeter assist 
          air during the 15-minute block period, scf.

    (o) Emergency flaring provisions. The owner or operator of a flare 
that has the potential to operate above its smokeless capacity under any 
circumstance shall comply with the provisions in paragraphs (o)(1) 
through (7) of this section.
    (1) Develop a flare management plan to minimize flaring during 
periods of startup, shutdown, or emergency releases. The flare 
management plan must include the information described in paragraphs 
(o)(1)(i) through (vii) of this section.
    (i) A listing of all refinery process units, ancillary equipment, 
and fuel gas systems connected to the flare for each affected flare.
    (ii) An assessment of whether discharges to affected flares from 
these process units, ancillary equipment and fuel gas systems can be 
minimized or prevented during periods of startup, shutdown, or emergency 
releases. The flare minimization assessment must (at a minimum) consider 
the items in paragraphs (o)(1)(ii)(A) through (C) of this section. The 
assessment must provide clear rationale in terms of costs (capital and 
annual operating), natural gas offset credits (if applicable), technical 
feasibility, secondary environmental impacts and safety considerations 
for the selected minimization alternative(s) or a statement, with 
justifications, that flow reduction could not be achieved. Based upon 
the assessment, each owner or operator of an affected flare shall 
identify the minimization alternatives that it has implemented by the 
due date of the flare management plan and shall include a schedule for 
the prompt implementation of any selected measures that cannot 
reasonably be completed as of that date.
    (A) Modification in startup and shutdown procedures to reduce the 
quantity of process gas discharge to the flare.
    (B) Implementation of prevention measures listed for pressure relief 
devices in Sec.  63.648(j)(3)(ii)(A) through (E) for each pressure 
relief device that can discharge to the flare.
    (C) Installation of a flare gas recovery system or, for facilities 
that are fuel gas rich, a flare gas recovery system and a co-generation 
unit or combined heat and power unit.
    (iii) A description of each affected flare containing the 
information in paragraphs (o)(1)(iii)(A) through (G) of this section.
    (A) A general description of the flare, including whether it is a 
ground flare or elevated (including height), the type of assist system 
(e.g., air, steam, pressure, non-assisted), whether the flare is used on 
a routine basis or if it is only used during periods of startup, 
shutdown or emergency release, and whether the flare is equipped with a 
flare gas recovery system.
    (B) The smokeless capacity of the flare based on a 15-minute block 
average and design conditions. Note: A single value must be provided for 
the smokeless capacity of the flare.
    (C) The maximum vent gas flow rate (hydraulic load capacity).
    (D) The maximum supplemental gas flow rate.

[[Page 148]]

    (E) For flares that receive assist steam, the minimum total steam 
rate and the maximum total steam rate.
    (F) For flares that receive assist air, an indication of whether the 
fan/blower is single speed, multi-fixed speed (e.g., high, medium, and 
low speeds), or variable speeds. For fans/blowers with fixed speeds, 
provide the estimated assist air flow rate at each fixed speed. For 
variable speeds, provide the design fan curve (e.g., air flow rate as a 
function of power input).
    (G) Simple process flow diagram showing the locations of the flare 
following components of the flare: Flare tip (date installed, 
manufacturer, nominal and effective tip diameter, tip drawing); knockout 
or surge drum(s) or pot(s) (including dimensions and design capacities); 
flare header(s) and subheader(s); assist system; and ignition system.
    (iv) Description and simple process flow diagram showing all gas 
lines (including flare waste gas, purge or sweep gas (as applicable), 
supplemental gas) that are associated with the flare. For purge, sweep, 
supplemental gas, identify the type of gas used. Designate which lines 
are exempt from composition or net heating value monitoring and why 
(e.g., natural gas, gas streams that have been demonstrated to have 
consistent composition, pilot gas). Designate which lines are monitored 
and identify on the process flow diagram the location and type of each 
monitor. Designate the pressure relief devices that are vented to the 
flare.
    (v) For each flow rate, gas composition, net heating value or 
hydrogen concentration monitor identified in paragraph (o)(1)(iv) of 
this section, provide a detailed description of the manufacturer's 
specifications, including, but not limited to, make, model, type, range, 
precision, accuracy, calibration, maintenance and quality assurance 
procedures.
    (vi) For each pressure relief device vented to the flare identified 
in paragraph (o)(1)(iv) of this section, provide a detailed description 
of each pressure release device, including type of relief device 
(rupture disc, valve type) diameter of the relief device opening, set 
pressure of the relief device and listing of the prevention measures 
implemented. This information may be maintained in an electronic 
database on-site and does not need to be submitted as part of the flare 
management plan unless requested to do so by the Administrator.
    (vii) Procedures to minimize or eliminate discharges to the flare 
during the planned startup and shutdown of the refinery process units 
and ancillary equipment that are connected to the affected flare, 
together with a schedule for the prompt implementation of any procedures 
that cannot reasonably be implemented as of the date of the submission 
of the flare management plan.
    (2) Each owner or operator required to develop and implement a 
written flare management plan as described in paragraph (o)(1) of this 
section must submit the plan to the Administrator as described in 
paragraphs (o)(2)(i) through (iii) of this section.
    (i) The owner or operator must develop and implement the flare 
management plan no later than January 30, 2019 or at startup for a new 
flare that commenced construction on or after February 1, 2016.
    (ii) The owner or operator must comply with the plan as submitted by 
the date specified in paragraph (o)(2)(i) of this section. The plan 
should be updated periodically to account for changes in the operation 
of the flare, such as new connections to the flare or the installation 
of a flare gas recovery system, but the plan need be re-submitted to the 
Administrator only if the owner or operator alters the design smokeless 
capacity of the flare. The owner or operator must comply with the 
updated plan as submitted.
    (iii) All versions of the plan submitted to the Administrator shall 
also be submitted to the following address: U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: 
Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711. Electronic copies in lieu of hard copies may also be submitted 
to [email protected].
    (3) The owner or operator of a flare subject to this subpart shall 
conduct a

[[Page 149]]

root cause analysis and a corrective action analysis for each flow event 
that contains regulated material and that meets either the criteria in 
paragraph (o)(3)(i) or (ii) of this section.
    (i) The vent gas flow rate exceeds the smokeless capacity of the 
flare based on a 15-minute block average and visible emissions are 
present from the flare for more than 5 minutes during any 2 consecutive 
hours during the release event.
    (ii) The vent gas flow rate exceeds the smokeless capacity of the 
flare and the 15-minute block average flare tip velocity exceeds the 
maximum flare tip velocity determined using the methods in paragraph 
(d)(2) of this section.
    (4) A root cause analysis and corrective action analysis must be 
completed as soon as possible, but no later than 45 days after a flare 
flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this 
section. Special circumstances affecting the number of root cause 
analyses and/or corrective action analyses are provided in paragraphs 
(o)(4)(i) through (v) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single continuous flare flow event that meets both 
of the criteria in paragraphs (o)(3)(i) and (ii) of this section.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single continuous flare flow event regardless of 
the number of 15-minute block periods in which the flare tip velocity 
was exceeded or the number of 2 hour periods that contain more the 5 
minutes of visible emissions.
    (iii) You may conduct a single root cause analysis and corrective 
action analysis for a single event that causes two or more flares that 
are operated in series (i.e., cascaded flare systems) to have a flow 
event meeting the criteria in paragraph (o)(3)(i) or (ii) of this 
section.
    (iv) You may conduct a single root cause analysis and corrective 
action analysis for a single event that causes two or more flares to 
have a flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of 
this section, regardless of the configuration of the flares, if the root 
cause is reasonably expected to be a force majeure event, as defined in 
this subpart.
    (v) Except as provided in paragraphs (o)(4)(iii) and (iv) of this 
section, if more than one flare has a flow event that meets the criteria 
in paragraph (o)(3)(i) or (ii) of this section during the same time 
period, an initial root cause analysis shall be conducted separately for 
each flare that has a flow event meeting the criteria in paragraph 
(o)(3)(i) or (ii) of this section. If the initial root cause analysis 
indicates that the flow events have the same root cause(s), the 
initially separate root cause analyses may be recorded as a single root 
cause analysis and a single corrective action analysis may be conducted.
    (5) Each owner or operator of a flare required to conduct a root 
cause analysis and corrective action analysis as specified in paragraphs 
(o)(3) and (4) of this section shall implement the corrective action(s) 
identified in the corrective action analysis in accordance with the 
applicable requirements in paragraphs (o)(5)(i) through (iii) of this 
section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If an owner or operator 
concludes that no corrective action should be implemented, the owner or 
operator shall record and explain the basis for that conclusion no later 
than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, the owner or 
operator shall record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (6) The owner or operator shall determine the total number of events 
for

[[Page 150]]

which a root cause and corrective action analyses was required during 
the calendar year for each affected flare separately for events meeting 
the criteria in paragraph (o)(3)(i) of this section and those meeting 
the criteria in paragraph (o)(3)(ii) of this section. For the purpose of 
this requirement, a single root cause analysis conducted for an event 
that met both of the criteria in paragraphs (o)(3)(i) and (ii) of this 
section would be counted as an event under each of the separate criteria 
counts for that flare. Additionally, if a single root cause analysis was 
conducted for an event that caused multiple flares to meet the criteria 
in paragraph (o)(3)(i) or (ii) of this section, that event would count 
as an event for each of the flares for each criteria in paragraph (o)(3) 
of this section that was met during that event. The owner or operator 
shall also determine the total number of events for which a root cause 
and correct action analyses was required and the analyses concluded that 
the root cause was a force majeure event, as defined in this subpart.
    (7) The following events would be a violation of this emergency 
flaring work practice standard.
    (i) Any flow event for which a root cause analysis was required and 
the root cause was determined to be operator error or poor maintenance.
    (ii) Two visible emissions exceedance events meeting the criteria in 
paragraph (o)(3)(i) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for the 
same root cause for the same equipment.
    (iii) Two flare tip velocity exceedance events meeting the criteria 
in paragraph (o)(3)(ii) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for the 
same root cause for the same equipment.
    (iv) Three visible emissions exceedance events meeting the criteria 
in paragraph (o)(3)(i) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for any 
reason.
    (v) Three flare tip velocity exceedance events meeting the criteria 
in paragraph (o)(3)(ii) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for any 
reason.
    (p) Flare monitoring records. The owner or operator shall keep the 
records specified in Sec.  63.655(i)(9).
    (q) Reporting. The owner or operator shall comply with the reporting 
requirements specified in Sec.  63.655(g)(11).
    (r) Alternative means of emissions limitation. An owner or operator 
may request approval from the Administrator for site-specific operating 
limits that shall apply specifically to a selected flare. Site-specific 
operating limits include alternative threshold values for the parameters 
specified in paragraphs (d) through (f) of this section as well as 
threshold values for operating parameters other than those specified in 
paragraphs (d) through (f) of this section. The owner or operator must 
demonstrate that the flare achieves 96.5 percent combustion efficiency 
(or 98 percent destruction efficiency) using the site-specific operating 
limits based on a performance evaluation as described in paragraph 
(r)(1) of this section. The request shall include information as 
described in paragraph (r)(2) of this section. The request shall be 
submitted and followed as described in paragraph (r)(3) of this section.
    (1) The owner or operator shall prepare and submit a site-specific 
test plan and receive approval of the site-specific performance 
evaluation plan prior to conducting any flare performance evaluation 
test runs intended for use in developing site-specific operating limits. 
The site-specific performance evaluation plan shall include, at a 
minimum, the elements specified in paragraphs (r)(1)(i) through (ix) of 
this section. Upon approval of the site-specific performance evaluation 
plan, the owner or operator shall conduct performance evaluation test 
runs for the flare following the procedures described in the site-
specific performance evaluation plan.
    (i) The design and dimensions of the flare, flare type (air-assisted 
only, steam-assisted only, air- and steam-assisted, pressure-assisted, 
or non-assisted), and description of gas being flared, including 
quantity of gas flared, frequency of flaring events (if periodic), 
expected net heating value of

[[Page 151]]

flare vent gas, minimum total steam assist rate.
    (ii) The operating conditions (vent gas compositions, vent gas flow 
rates and assist flow rates, if applicable) likely to be encountered by 
the flare during normal operations and the operating conditions for the 
test period.
    (iii) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the flare 
combustion or destruction efficiency.
    (iv) Site-specific operating parameters to be monitored continuously 
during the flare performance evaluation. These parameters may include 
but are not limited to vent gas flow rate, steam and/or air assist flow 
rates, and flare vent gas composition. If new operating parameters are 
proposed for use other than those specified in paragraphs (d) through 
(f) of this section, an explanation of the relevance of the proposed 
operating parameter(s) as an indicator of flare combustion performance 
and why the alternative operating parameter(s) can adequately ensure 
that the flare achieves the required combustion efficiency.
    (v) A detailed description of the measurement methods, monitored 
pollutant(s), measurement locations, measurement frequency, and 
recording frequency proposed for both emission measurements and flare 
operating parameters.
    (vi) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the flare 
operating parameters.
    (vii) The minimum number and length of test runs and range of 
operating values to be evaluated during the performance evaluation. A 
sufficient number of test runs shall be conducted to identify the point 
at which the combustion/destruction efficiency of the flare 
deteriorates.
    (viii) [Reserved]
    (ix) Test schedule.
    (2) The request for flare-specific operating limits shall include 
sufficient and appropriate data, as determined by the Administrator, to 
allow the Administrator to confirm that the selected site-specific 
operating limit(s) adequately ensures that the flare destruction 
efficiency is 98 percent or greater or that the flare combustion 
efficiency is 96.5 percent or greater at all times. At a minimum, the 
request shall contain the information described in paragraphs (r)(2)(i) 
through (iv) of this section.
    (i) The design and dimensions of the flare, flare type (air-assisted 
only, steam-assisted only, air- and steam-assisted, pressure-assisted, 
or non-assisted), and description of gas being flared, including 
quantity of gas flared, frequency of flaring events (if periodic), 
expected net heating value of flare vent gas, minimum total steam assist 
rate.
    (ii) Results of each performance evaluation test run conducted, 
including, at a minimum:
    (A) The measured combustion/destruction efficiency.
    (B) The measured or calculated operating parameters for each test 
run. If operating parameters are calculated, the raw data from which the 
parameters are calculated must be included in the test report.
    (C) Measurement location descriptions for both emission measurements 
and flare operating parameters.
    (D) Description of sampling and analysis procedures (including 
number and length of test runs) and any modifications to standard 
procedures. If there were deviations from the approved test plan, a 
detailed description of the deviations and rationale why the test 
results or calculation procedures used are appropriate.
    (E) Operating conditions (e.g., vent gas composition, assist rates, 
etc.) that occurred during the test.
    (F) Quality assurance procedures.
    (G) Records of calibrations.
    (H) Raw data sheets for field sampling.
    (I) Raw data sheets for field and laboratory analyses.
    (J) Documentation of calculations.
    (iii) The selected flare-specific operating limit values based on 
the performance evaluation test results, including the averaging time 
for the operating limit(s), and rationale why the selected values and 
averaging times are sufficiently stringent to ensure proper flare 
performance. If new operating parameters or averaging times

[[Page 152]]

are proposed for use other than those specified in paragraphs (d) 
through (f) of this section, an explanation of why the alternative 
operating parameter(s) or averaging time(s) adequately ensures the flare 
achieves the required combustion efficiency.
    (iv) The means by which the owner or operator will document on-
going, continuous compliance with the selected flare-specific operating 
limit(s), including the specific measurement location and frequencies, 
calculation procedures, and records to be maintained.
    (3) The request shall be submitted as described in paragraphs 
(r)(3)(i) through (iv) of this section.
    (i) The owner or operator may request approval from the 
Administrator at any time upon completion of a performance evaluation 
conducted following the methods in an approved site-specific performance 
evaluation plan for an operating limit(s) that shall apply specifically 
to that flare.
    (ii) The request must be submitted to the Administrator for 
approval. The owner or operator must continue to comply with the 
applicable standards for flares in this subpart until the requirements 
in Sec.  63.6(g)(1) are met and a notice is published in the Federal 
Register allowing use of such an alternative means of emission 
limitation.
    (iii) The request shall also be submitted to the following address: 
U.S. Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711. Electronic copies in lieu of hard 
copies may also be submitted to [email protected].
    (iv) If the Administrator finds any deficiencies in the request, the 
request must be revised to address the deficiencies and be re-submitted 
for approval within 45 days of receipt of the notice of deficiencies. 
The owner or operator must comply with the revised request as submitted 
until it is approved.
    (4) The approval process for a request for a flare-specific 
operating limit(s) is described in paragraphs (r)(4)(i) through (iii) of 
this section.
    (i) Approval by the Administrator of a flare-specific operating 
limit(s) request will be based on the completeness, accuracy and 
reasonableness of the request. Factors that the EPA will consider in 
reviewing the request for approval include, but are not limited to, 
those described in paragraphs (r)(4)(i)(A) through (C) of this section.
    (A) The description of the flare design and operating 
characteristics.
    (B) If a new operating parameter(s) other than those specified in 
paragraphs (d) through (f) of this section is proposed, the explanation 
of how the proposed operating parameter(s) serves a good indicator(s) of 
flare combustion performance.
    (C) The results of the flare performance evaluation test runs and 
the establishment of operating limits that ensures that the flare 
destruction efficiency is 98 percent or greater or that the flare 
combustion efficiency is 96.5 percent or greater at all times.
    (D) The completeness of the flare performance evaluation test 
report.
    (ii) If the request is approved by the Administrator, a flare-
specific operating limit(s) will be established at the level(s) 
demonstrated in the approved request.
    (iii) If the Administrator finds any deficiencies in the request, 
the request must be revised to address the deficiencies and be re-
submitted for approval.

[80 FR 75258, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016; 83 
FR 60720, Nov. 26, 2018; 85 FR 6083, Feb. 4, 2020]



Sec.  63.671  Requirements for flare monitoring systems.

    (a) Operation of CPMS. For each CPMS installed to comply with 
applicable provisions in Sec.  63.670, the owner or operator shall 
install, operate, calibrate, and maintain the CPMS as specified in 
paragraphs (a)(1) through (8) of this section.
    (1) Except for CPMS installed for pilot flame monitoring, all 
monitoring equipment must meet the applicable minimum accuracy, 
calibration and quality control requirements specified in table 13 of 
this subpart.
    (2) The owner or operator shall ensure the readout (that portion of 
the CPMS that provides a visual display or

[[Page 153]]

record) or other indication of the monitored operating parameter from 
any CPMS required for compliance is readily accessible onsite for 
operational control or inspection by the operator of the source.
    (3) All CPMS must complete a minimum of one cycle of operation 
(sampling, analyzing and data recording) for each successive 15-minute 
period.
    (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, calibration checks and required zero and span adjustments), 
the owner or operator shall operate all CPMS and collect data 
continuously at all times when regulated emissions are routed to the 
flare.
    (5) The owner or operator shall operate, maintain, and calibrate 
each CPMS according to the CPMS monitoring plan specified in paragraph 
(b) of this section.
    (6) For each CPMS except for CPMS installed for pilot flame 
monitoring, the owner or operator shall comply with the out-of-control 
procedures described in paragraph (c) of this section.
    (7) The owner or operator shall reduce data from a CPMS as specified 
in paragraph (d) of this section.
    (8) The CPMS must be capable of measuring the appropriate parameter 
over the range of values expected for that measurement location. The 
data recording system associated with each CPMS must have a resolution 
that is equal to or better than the required system accuracy.
    (b) CPMS monitoring plan. The owner or operator shall develop and 
implement a CPMS quality control program documented in a CPMS monitoring 
plan that covers each flare subject to the provisions in Sec.  63.670 
and each CPMS installed to comply with applicable provisions in Sec.  
63.670. The owner or operator shall have the CPMS monitoring plan 
readily available on-site at all times and shall submit a copy of the 
CPMS monitoring plan to the Administrator upon request by the 
Administrator. The CPMS monitoring plan must contain the information 
listed in paragraphs (b)(1) through (5) of this section.
    (1) Identification of the specific flare being monitored and the 
flare type (air-assisted only, steam-assisted only, air- and steam-
assisted, pressure-assisted, or non-assisted).
    (2) Identification of the parameter to be monitored by the CPMS and 
the expected parameter range, including worst case and normal operation.
    (3) Description of the monitoring equipment, including the 
information specified in paragraphs (b)(3)(i) through (vii) of this 
section.
    (i) Manufacturer and model number for all monitoring equipment 
components installed to comply with applicable provisions in Sec.  
63.670.
    (ii) Performance specifications, as provided by the manufacturer, 
and any differences expected for this installation and operation.
    (iii) The location of the CPMS sampling probe or other interface and 
a justification of how the location meets the requirements of paragraph 
(a)(1) of this section.
    (iv) Placement of the CPMS readout, or other indication of parameter 
values, indicating how the location meets the requirements of paragraph 
(a)(2) of this section.
    (v) Span of the CPMS. The span of the CPMS sensor and analyzer must 
encompass the full range of all expected values.
    (vi) How data outside of the span of the CPMS will be handled and 
the corrective action that will be taken to reduce and eliminate such 
occurrences in the future.
    (vii) Identification of the parameter detected by the parametric 
signal analyzer and the algorithm used to convert these values into the 
operating parameter monitored to demonstrate compliance, if the 
parameter detected is different from the operating parameter monitored.
    (4) Description of the data collection and reduction systems, 
including the information specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) A copy of the data acquisition system algorithm used to reduce 
the measured data into the reportable form of the standard and to 
calculate the applicable averages.

[[Page 154]]

    (ii) Identification of whether the algorithm excludes data collected 
during CPMS breakdowns, out-of-control periods, repairs, maintenance 
periods, instrument adjustments or checks to maintain precision and 
accuracy, calibration checks, and zero (low-level), mid-level (if 
applicable) and high-level adjustments.
    (iii) If the data acquisition algorithm does not exclude data 
collected during CPMS breakdowns, out-of-control periods, repairs, 
maintenance periods, instrument adjustments or checks to maintain 
precision and accuracy, calibration checks, and zero (low-level), mid-
level (if applicable) and high-level adjustments, a description of the 
procedure for excluding this data when the averages calculated as 
specified in paragraph (e) of this section are determined.
    (5) Routine quality control and assurance procedures, including 
descriptions of the procedures listed in paragraphs (b)(5)(i) through 
(vi) of this section and a schedule for conducting these procedures. The 
routine procedures must provide an assessment of CPMS performance.
    (i) Initial and subsequent calibration of the CPMS and acceptance 
criteria.
    (ii) Determination and adjustment of the calibration drift of the 
CPMS.
    (iii) Daily checks for indications that the system is responding. If 
the CPMS system includes an internal system check, the owner or operator 
may use the results to verify the system is responding, as long as the 
system provides an alarm to the owner or operator or the owner or 
operator checks the internal system results daily for proper operation 
and the results are recorded.
    (iv) Preventive maintenance of the CPMS, including spare parts 
inventory.
    (v) Data recording, calculations and reporting.
    (vi) Program of corrective action for a CPMS that is not operating 
properly.
    (c) Out-of-control periods. For each CPMS installed to comply with 
applicable provisions in Sec.  63.670 except for CPMS installed for 
pilot flame monitoring, the owner or operator shall comply with the out-
of-control procedures described in paragraphs (c)(1) and (2) of this 
section.
    (1) A CPMS is out-of-control if the zero (low-level), mid-level (if 
applicable) or high-level calibration drift exceeds two times the 
accuracy requirement of table 13 of this subpart.
    (2) When the CPMS is out of control, the owner or operator shall 
take the necessary corrective action and repeat all necessary tests that 
indicate the system is out of control. The owner or operator shall take 
corrective action and conduct retesting until the performance 
requirements are below the applicable limits. The beginning of the out-
of-control period is the hour a performance check (e.g., calibration 
drift) that indicates an exceedance of the performance requirements 
established in this section is conducted. The end of the out-of-control 
period is the hour following the completion of corrective action and 
successful demonstration that the system is within the allowable limits. 
The owner or operator shall not use data recorded during periods the 
CPMS is out of control in data averages and calculations, used to report 
emissions or operating levels, as specified in paragraph (d)(3) of this 
section.
    (d) CPMS data reduction. The owner or operator shall reduce data 
from a CPMS installed to comply with applicable provisions in Sec.  
63.670 as specified in paragraphs (d)(1) through (3) of this section.
    (1) The owner or operator may round the data to the same number of 
significant digits used in that operating limit.
    (2) Periods of non-operation of the process unit (or portion 
thereof) resulting in cessation of the emissions to which the monitoring 
applies must not be included in the 15-minute block averages.
    (3) Periods when the CPMS is out of control must not be included in 
the 15-minute block averages.
    (e) Additional requirements for gas chromatographs. For monitors 
used to determine compositional analysis for net heating value per Sec.  
63.670(j)(1), the gas chromatograph must also meet the requirements of 
paragraphs (e)(1) through (3) of this section.
    (1) The quality assurance requirements are in table 13 of this 
subpart.
    (2) The calibration gases must meet one of the following options:

[[Page 155]]

    (i) The owner or operator must use a calibration gas or multiple 
gases that include all of compounds listed in paragraphs (e)(2)(i)(A) 
through (K) of this section that may be reasonably expected to exist in 
the flare gas stream and optionally include any of the compounds listed 
in paragraphs (e)(2)(i)(L) through (O) of this section. All of the 
calibration gases may be combined in one cylinder. If multiple 
calibration gases are necessary to cover all compounds, the owner or 
operator must calibrate the instrument on all of the gases.
    (A) Hydrogen.
    (B) Methane.
    (C) Ethane.
    (D) Ethylene.
    (E) Propane.
    (F) Propylene.
    (G) n-Butane.
    (H) iso-Butane.
    (I) Butene (general). It is not necessary to separately speciate 
butene isomers, but the net heating value of trans-butene must be used 
for co-eluting butene isomers.
    (J) 1,3-Butadiene. It is not necessary to separately speciate 
butadiene isomers, but you must use the response factor and net heating 
value of 1,3-butadiene for co-eluting butadiene isomers.
    (K) n-Pentane. Use the response factor for n-pentane to quantify all 
C5+ hydrocarbons.
    (L) Acetylene (optional).
    (M) Carbon monoxide (optional).
    (N) Propadiene (optional).
    (O) Hydrogen sulfide (optional).
    (ii) The owner or operator must use a surrogate calibration gas 
consisting of hydrogen and C1 through C5 normal hydrocarbons. All of the 
calibration gases may be combined in one cylinder. If multiple 
calibration gases are necessary to cover all compounds, the owner or 
operator must calibrate the instrument on all of the gases.
    (3) If the owner or operator chooses to use a surrogate calibration 
gas under paragraph (e)(2)(ii) of this section, the owner or operator 
must comply with paragraphs (e)(3)(i) and (ii) of this section.
    (i) Use the response factor for the nearest normal hydrocarbon 
(i.e., n-alkane) in the calibration mixture to quantify unknown 
components detected in the analysis.
    (ii) Use the response factor for n-pentane to quantify unknown 
components detected in the analysis that elute after n-pentane.

[80 FR 75266, Dec. 1, 2015]



Sec. Sec.  63.672-63.679  [Reserved]



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

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


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


[[Page 156]]


  Table 3--Equipment Leak Recordkeeping and Reporting Requirements for
  Sources Complying With Sec.   63.648 of Subpart CC by Compliance With
                       Subpart H of this Part \a\
------------------------------------------------------------------------
    Reference (section of
   subpart H of this part)         Description             Comment
------------------------------------------------------------------------
63.181(a)...................  Recordkeeping system  Except for Sec.
                               requirements.         Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(b)...................  Records required for  Except for Sec.
                               process unit          Sec.
                               equipment.            63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(c)...................  Visual inspection     Except for Sec.
                               documentation.        Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(d)...................  Leak detection        Except for Sec.
                               record requirements.  63.181(d)(8).
63.181(e)...................  Compliance            This subsection does
                               requirements for      not apply to
                               pressure tests for    subpart CC.
                               batch product
                               process equipment
                               trains.
63.181(f)...................  Compressor            ....................
                               compliance test
                               records.
63.181(g)...................  Closed-vent systems   ....................
                               and control device
                               record
                               requirements.
63.181(h)...................  Process unit quality  ....................
                               improvement program
                               records.
63.181(i)...................  Heavy liquid service  ....................
                               determination
                               record.
63.181(j)...................  Equipment             ....................
                               identification
                               record.
63.181(k)...................  Enclosed-vented       ....................
                               process unit
                               emission limitation
                               record
                               requirements.
63.182(a)...................  Reports.
63.182(b)...................  Initial notification  Not required.
                               report
                               requirements.
63.182(c)...................  Notification of       Except in Sec.
                               compliance status     63.182(c); change
                               report.               ``within 90 days of
                                                     the compliance
                                                     dates'' to ``within
                                                     150 days of the
                                                     compliance dates'';
                                                     except in Sec.
                                                     Sec.   63.182
                                                     (c)(2) and (c)(4).
63.182(d)...................  Periodic report.....  Except for Sec.
                                                     Sec.   63.182
                                                     (d)(2)(vii),
                                                     (d)(2)(viii), and
                                                     (d)(3).
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


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


  Table 5--Marine Vessel Loading Operations Recordkeeping and Reporting
                            Requirements \a\
------------------------------------------------------------------------
    Reference (section of
         subpart Y)                Description             Comment
------------------------------------------------------------------------
63.562(e)(2)................  Operation and
                               maintenance plan
                               for control
                               equipment and
                               monitoring
                               equipment.
63.565(a)...................  Performance test/     The information
                               site test plan.       required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     Notification of
                                                     Compliance Status
                                                     report required
                                                     under 40 CFR part
                                                     63, subpart CC.
63.565(b)...................  Performance test
                               data requirements.
63.567(a)...................  General Provisions
                               (subpart A)
                               applicability.
63.567(c)...................  Request for
                               extension of
                               compliance.
63.567(d)...................  Flare recordkeeping
                               requirements.
63.567(e)...................  Summary report and    The information
                               excess emissions      required under this
                               and monitoring        paragraph is to be
                               system performance    submitted with the
                               report requirements.  Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.

[[Page 157]]

 
63.567(f)...................  Vapor collection
                               system engineering
                               report.
63.567(g)...................  Vent system valve
                               bypass
                               recordkeeping
                               requirements.
63.567(h)...................  Marine vessel vapor-
                               tightness
                               documentation.
63.567(i)...................  Documentation file
                               maintenance.
63.567(j)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


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

[[Page 158]]

 
63.5(d)(3).........................................  Yes..........................
63.5(d)(4).........................................  Yes..........................
63.5(e)............................................  Yes..........................
63.5(f)............................................  Yes..........................  Except that the cross-
                                                                                     reference in Sec.
                                                                                     63.5(f)(2) to Sec.
                                                                                     63.9(b)(2) does not apply.
63.6(a)............................................  Yes..........................
63.6(b)(1)-63.6(b)(5)..............................  No...........................  Subpart CC specifies
                                                                                     compliance dates and
                                                                                     notifications for sources
                                                                                     subject to subpart CC.
63.6(b)(6).........................................  No...........................  Reserved.
63.6(b)(7).........................................  Yes..........................
63.6(c)(1)-63.6(c)(2)..............................  No...........................  Sec.   63.640 of subpart CC
                                                                                     specifies the compliance
                                                                                     date.
63.6(c)(3)-63.6(c)(4)..............................  No...........................  Reserved.
63.6(c)(5).........................................  Yes..........................
63.6(d)............................................  No...........................  Reserved.
63.6(e)(1)(i) and (ii).............................  No...........................  See Sec.   63.642(n) for
                                                                                     general duty requirement.
63.6(e)(1)(iii)....................................  Yes.
63.6(e)(2).........................................  No...........................  Reserved.
63.6(e)(3)(i)......................................  No.
63.6(e)(3)(ii).....................................  No...........................  Reserved.
63.6(e)(3)(iii)-63.6(e)(3)(ix).....................  No.
63.6(f)(1).........................................  No.
63.6(f)(2).........................................  Yes..........................  Except the phrase ``as
                                                                                     specified in Sec.
                                                                                     63.7(c)'' in Sec.
                                                                                     63.6(f)(2)(iii)(D) does not
                                                                                     apply because this subpart
                                                                                     does not require a site-
                                                                                     specific test plan.
63.6(f)(3).........................................  Yes..........................  Except the cross-references
                                                                                     to Sec.   63.6(f)(1) and
                                                                                     (e)(1)(i) are changed to
                                                                                     Sec.   63.642(n) and
                                                                                     performance test results
                                                                                     may be written or
                                                                                     electronic.
63.6(g)............................................  Yes..........................
63.6(h)(1).........................................  No.
63.6(h)(2).........................................  Yes..........................  Except Sec.
                                                                                     63.6(h)(2)(ii), which is
                                                                                     reserved.
63.6(h)(3).........................................  No...........................  Reserved.
63.6(h)(4).........................................  No...........................  Notification of visible
                                                                                     emission test not required
                                                                                     in subpart CC.
63.6(h)(5).........................................  No...........................  Visible emission
                                                                                     requirements and timing is
                                                                                     specified in Sec.
                                                                                     63.645(i) of subpart CC.
63.6(h)(6).........................................  Yes..........................
63.6(h)(7).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(h)(8).........................................  Yes..........................  Except performance test
                                                                                     results may be written or
                                                                                     electronic.
63.6(h)(9).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(i)............................................  Yes..........................  Except for Sec.
                                                                                     63.6(i)(15), which is
                                                                                     reserved.
63.6(j)............................................  Yes..........................
63.7(a)(1).........................................  Yes..........................
63.7(a)(2).........................................  Yes..........................  Except test results must be
                                                                                     submitted in the
                                                                                     Notification of Compliance
                                                                                     Status report due 150 days
                                                                                     after compliance date, as
                                                                                     specified in Sec.
                                                                                     63.655(f), unless they are
                                                                                     required to be submitted
                                                                                     electronically in
                                                                                     accordance with Sec.
                                                                                     63.655(h)(9). Test results
                                                                                     required to be submitted
                                                                                     electronically must be
                                                                                     submitted by the date the
                                                                                     Notification of Compliance
                                                                                     Status report is submitted.
63.7(a)(3).........................................  Yes..........................
63.7(a)(4).........................................  Yes..........................
63.7(b)............................................  Yes..........................  Except this subpart requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test.
63.7(c)............................................  No...........................  Subpart CC does not require
                                                                                     a site-specific test plan.
63.7(d)............................................  Yes..........................
63.7(e)(1).........................................  No...........................  See Sec.   63.642(d)(3).
63.7(e)(2)-63.7(e)(4)..............................  Yes..........................
63.7(f)............................................  Yes..........................  Except that additional
                                                                                     notification or approval is
                                                                                     not required for
                                                                                     alternatives directly
                                                                                     specified in Subpart CC.
63.7(g)............................................  No...........................  Performance test reporting
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.7(h)(1).........................................  Yes..........................
63.7(h)(2).........................................  Yes..........................

[[Page 159]]

 
63.7(h)(3).........................................  Yes..........................  Yes, except site-specific
                                                                                     test plans shall not be
                                                                                     required, and where Sec.
                                                                                     63.7(h)(3)(i) specifies
                                                                                     waiver submittal date, the
                                                                                     date shall be 90 days prior
                                                                                     to the Notification of
                                                                                     Compliance Status report in
                                                                                     Sec.   63.655(f).
63.7(h)(4)(i)......................................  Yes..........................
63.7(h)(4)(ii).....................................  No...........................  Site-specific test plans are
                                                                                     not required in subpart CC.
63.7(h)(4)(iii) and (iv)...........................  Yes..........................
63.7(h)(5).........................................  Yes..........................
63.8(a)(1) and (2).................................  Yes.
63.8(a)(3).........................................  No...........................  Reserved.
63.8(a)(4).........................................  Yes..........................  Except that for a flare
                                                                                     complying with Sec.
                                                                                     63.670, the cross-reference
                                                                                     to Sec.   63.11 in this
                                                                                     paragraph does not include
                                                                                     Sec.   63.11(b).
63.8(b)............................................  Yes..........................
63.8(c)(1).........................................  Yes..........................  Except Sec.   63.8(c)(1)(i)
                                                                                     and (iii).
63.8(c)(1)(i)......................................  No...........................  See Sec.   63.642(n).
63.8(c)(1)(iii)....................................  No.
63.8(c)(2).........................................  Yes..........................
63.8(c)(3).........................................  Yes..........................  Except that verification of
                                                                                     operational status shall,
                                                                                     at a minimum, include
                                                                                     completion of the
                                                                                     manufacturer's written
                                                                                     specifications or
                                                                                     recommendations for
                                                                                     installation, operation,
                                                                                     and calibration of the
                                                                                     system or other written
                                                                                     procedures that provide
                                                                                     adequate assurance that the
                                                                                     equipment would monitor
                                                                                     accurately.
63.8(c)(4).........................................  Yes..........................  Except that for sources
                                                                                     other than flares, this
                                                                                     subpart specifies the
                                                                                     monitoring cycle frequency
                                                                                     specified in Sec.
                                                                                     63.8(c)(4)(ii) is ``once
                                                                                     every hour'' rather than
                                                                                     ``for each successive 15-
                                                                                     minute period.''
63.8(c)(5)-63.8(c)(8)..............................  No...........................  This subpart specifies
                                                                                     continuous monitoring
                                                                                     system requirements.
63.8(d)............................................  No...........................  This subpart specifies
                                                                                     quality control procedures
                                                                                     for continuous monitoring
                                                                                     systems.
63.8(e)............................................  Yes..........................  Except that results are to
                                                                                     be submitted electronically
                                                                                     if required by Sec.
                                                                                     63.655(h)(9).
63.8(f)(1).........................................  Yes..........................
63.8(f)(2).........................................  Yes..........................
63.8(f)(3).........................................  Yes..........................
63.8(f)(4)(i)......................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec.   63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(4)(ii).....................................  Yes..........................
63.8(f)(4)(iii)....................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec.   63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(5).........................................  Yes..........................
63.8(f)(6).........................................  No...........................  Subpart CC does not require
                                                                                     continuous emission
                                                                                     monitors.
63.8(g)............................................  No...........................  This subpart specifies data
                                                                                     reduction procedures in
                                                                                     Sec.  Sec.   63.655(i)(3)
                                                                                     and 63.671(d).
63.9(a)............................................  Yes..........................  Except that the owner or
                                                                                     operator does not need to
                                                                                     send a copy of each
                                                                                     notification submitted to
                                                                                     the Regional Office of the
                                                                                     EPA as stated in Sec.
                                                                                     63.9(a)(4)(ii).
63.9(b)(1).........................................  Yes..........................  Except the notification of
                                                                                     compliance status report
                                                                                     specified in Sec.
                                                                                     63.655(f) of subpart CC may
                                                                                     also serve as the initial
                                                                                     compliance notification
                                                                                     required in Sec.
                                                                                     63.9(b)(1)(iii).
63.9(b)(2).........................................  No...........................  A separate Initial
                                                                                     Notification report is not
                                                                                     required under subpart CC.
63.9(b)(3).........................................  No...........................  Reserved.
63.9(b)(4).........................................  Yes..........................  Except for subparagraphs
                                                                                     Sec.   63.9(b)(4)(ii)
                                                                                     through (iv), which are
                                                                                     reserved.
63.9(b)(5).........................................  Yes..........................
63.9(c)............................................  Yes..........................
63.9(d)............................................  Yes..........................
63.9(e)............................................  No...........................  Subpart CC requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test and
                                                                                     does not require a site-
                                                                                     specific test plan.

[[Page 160]]

 
63.9(f)............................................  No...........................  Subpart CC does not require
                                                                                     advanced notification of
                                                                                     visible emissions test.
63.9(g)............................................  No...........................
63.9(h)............................................  No...........................  Subpart CC Sec.   63.655(f)
                                                                                     specifies Notification of
                                                                                     Compliance Status report
                                                                                     requirements.
63.9(i)............................................  Yes..........................
63.9(j)............................................  Yes..........................
63.9(k)............................................  Yes..........................  Only as specified in Sec.
                                                                                     63.9(j).
63.10(a)...........................................  Yes..........................
63.10(b)(1)........................................  No...........................  Sec.   63.655(i) of subpart
                                                                                     CC specifies record
                                                                                     retention requirements.
63.10(b)(2)(i).....................................  No.
63.10(b)(2)(ii)....................................  No...........................  Sec.   63.655(i) specifies
                                                                                     the records that must be
                                                                                     kept.
63.10(b)(2)(iii)...................................  No...........................
63.10(b)(2)(iv)....................................  No.
63.10(b)(2)(v).....................................  No.
63.10(b)(2)(vi)....................................  Yes..........................
63.10(b)(2)(vii)...................................  No...........................  Sec.   63.655(i) specifies
                                                                                     records to be kept for
                                                                                     parameters measured with
                                                                                     continuous monitors.
63.10(b)(2)(viii)..................................  Yes..........................
63.10(b)(2)(ix)....................................  Yes..........................
63.10(b)(2)(x).....................................  Yes..........................
63.10(b)(2)(xi)....................................  No...........................
63.10(b)(2)(xii)...................................  Yes..........................
63.10(b)(2)(xiii)..................................  No...........................
63.10(b)(2)(xiv)...................................  Yes..........................
63.10(b)(3)........................................  No...........................
63.10(c)(1)-63.10(c)(6)............................  No...........................
63.10(c)(7) and 63.10(c)(8)........................  Yes..........................
63.10(c)(9)........................................  No...........................  Reserved.
63.10(c)(10)-63.10(c)(11)..........................  No...........................  Sec.   63.655(i) specifies
                                                                                     the records that must be
                                                                                     kept.
63.10(c)(12)-63.10(c)(15)..........................  No.
63.10(d)(1)........................................  Yes..........................
63.10(d)(2)........................................  No...........................  Although Sec.   63.655(f)
                                                                                     specifies performance test
                                                                                     reporting, EPA may approve
                                                                                     other timeframes for
                                                                                     submittal of performance
                                                                                     test data.
63.10(d)(3)........................................  No...........................  Results of visible emissions
                                                                                     test are included in
                                                                                     Compliance Status Report as
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.10(d)(4)........................................  Yes..........................
63.10(d)(5)........................................  No...........................  Sec.   63.655(g) specifies
                                                                                     the reporting requirements.
63.10(e)...........................................  No...........................
63.10(f)...........................................  Yes..........................
63.11..............................................  Yes..........................  Except that flares complying
                                                                                     with Sec.   63.670 are not
                                                                                     subject to the requirements
                                                                                     of Sec.   63.11(b).
63.12-63.16........................................  Yes.
----------------------------------------------------------------------------------------------------------------
\a\ Wherever subpart A of this part specifies ``postmark'' dates, submittals may be sent by methods other than
  the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is
  not required.


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

[[Page 161]]

 
xylene (p-).....................................          106423            1.00            0.82            0.99
----------------------------------------------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers,
  or mixtures of compounds.


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


           Table 9--Valve Monitoring Frequency for Alternative
------------------------------------------------------------------------
       Performance level
--------------------------------  Valve monitoring frequency under Sec.
     Leaking valves \a\ (%)                 63.649 alternative
------------------------------------------------------------------------
=5..................  Monthly or QIP. \b\
<5.............................  Quarterly.
<4.............................  Semiannual.
<3.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP = Quality improvement program. Specified in Sec.   63.175 of
  subpart H of this part.


  Table 10--Miscellaneous Process Vents--Monitoring, Recordkeeping and
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameters to be        reporting
        Control device            monitored \a\       requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator...........  Firebox            1. Continuous records
                                 temperature \b\    \c\.
                                 (63.644(a)(1)(i)
                                 ).
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Catalytic incinerator.........  Temperature        1. Continuous records
                                 upstream and       \c\.
                                 downstream of
                                 the catalyst bed
                                 (63.644(a)(1)(ii
                                 )).
                                                   2. Record and report
                                                    the upstream and
                                                    downstream
                                                    temperatures and the
                                                    temperature
                                                    difference across
                                                    the catalyst bed
                                                    averaged over the
                                                    full period of the
                                                    performance test--
                                                    NCS \d\.
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    the catalyst bed for
                                                    each operating day
                                                    \e\.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\.

[[Page 162]]

 
Boiler or process heater with   Firebox            1. Continuous records
 a design heat capacity less     temperature \b\    \c\.
 than 44 megawatts where the     (63.644(a)(4)).
 vent stream is not introduced
 into the flame zone \h i\.
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average firebox
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Flare (if meeting the           Presence of a      1. Hourly records of
 requirements of Sec.  Sec.      flame at the       whether the monitor
 63.643 and 63.644).             pilot light        was continuously
                                 (63.644(a)(2)).    operating and
                                                    whether a pilot
                                                    flame was
                                                    continuously present
                                                    during each hour.
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS
                                                    \d\.
                                                   3. Record the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
Flare (if meeting the           The parameters     1. Records as
 requirements of Sec.  Sec.      specified in       specified in Sec.
 63.670 and 63.671).             Sec.   63.670.     63.655(i)(9).
                                                   2. Report information
                                                    as specified in Sec.
                                                      63.655(g)(11)--
                                                    PR.\g\
All control devices...........  Presence of flow   1. Hourly records of
                                 diverted to the    whether the flow
                                 atmosphere from    indicator was
                                 the control        operating and
                                 device (Sec.       whether flow was
                                 63.644(c)(1)) or   detected at any time
                                                    during each hour.
                                                    Record and report
                                                    the times and
                                                    durations of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line or the
                                                    monitor is not
                                                    operating--PR.\g\
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves      were performed.
                                 (Sec.             2. Record and report
                                 63.644(c)(2)).     all monthly
                                                    inspections that
                                                    show the valves are
                                                    not closed or the
                                                    seal has been
                                                    changed--PR.\g\
------------------------------------------------------------------------
\a\ Regulatory citations are listed in parentheses.
\b\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\c\ ``Continuous records'' is defined in Sec.   63.641.
\d\ NCS = Notification of Compliance Status Report described in Sec.
  63.655.
\e\ The daily average is the average of all recorded parameter values
  for the operating day. If all recorded values during an operating day
  are within the range established in the NCS or operating permit, a
  statement to this effect can be recorded instead of the daily average.
\f\ When a period of excess emission is caused by insufficient
  monitoring data, as described in Sec.   63.655(g)(6)(i)(C) or (D), the
  duration of the period when monitoring data were not collected shall
  be included in the Periodic Report.
\g\ PR = Periodic Reports described in Sec.   63.655(g).
\h\ No monitoring is required for boilers and process heaters with a
  design heat capacity =44 megawatts or for boilers and
  process heaters where all vent streams are introduced into the flame
  zone. No recordkeeping or reporting associated with monitoring is
  required for such boilers and process heaters.
\i\ Process vents that are routed to refinery fuel gas systems are not
  regulated under this subpart provided that on and after January 30,
  2019, any flares receiving gas from that fuel gas system are in
  compliance with Sec.   63.670. No monitoring, recordkeeping, or
  reporting is required for boilers and process heaters that combust
  refinery fuel gas.


                                   Table 11--Compliance Dates and Requirements
----------------------------------------------------------------------------------------------------------------
                                         Then the owner or         And the owner or
If the construction/ reconstruction    operator must comply      operator must achieve   Except as provided in .
           date is . . .                    with . . .             compliance . . .                . .
----------------------------------------------------------------------------------------------------------------
(1) After June 30, 2014............  (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
                                      sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); 63.649 through
                                      63.651; and 63.654
                                      through 63.656.

[[Page 163]]

 
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       February 1, 2016,         and (m).
                                      Sec.   63.642(n),         whichever is later.
                                      63.643(c),
                                      63.648(j)(3), (6) and
                                      (7); and 63.657 through
                                      63.660.
(2) After September 4, 2007 but on   (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
 or before June 30, 2014.             sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       October 28, 2009,         and (m).
                                      63.654.                   whichever is later.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before December     Sec.  Sec.   63.640(k),
                                      existing sources in       26, 2018.                 (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.   63.648 (j)(3),
                                      (6) and (7) and Sec.
                                      63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
(3) After July 14, 1994 but on or    (i) Requirements for new  Upon initial startup or   Sec.   63.640(k), (l)
 before September 4, 2007.            sources in Sec.  Sec.     August 18, 1995,          and (m).
                                      63.643(a) and (b);        whichever is later.
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before December     Sec.  Sec.   63.640(k),
                                      existing sources in       26, 2018.                 (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642(n).         February 1, 2016,
                                                                whichever is later.
(4) On or before July 14, 1994.....  (i) Requirements for      (A) On or before August   (1) Sec.   63.640(k),
                                      existing sources in       18, 1998.                 (l) and (m). (2) Sec.
                                      Sec.  Sec.   63.648(a)                               63.6(c)(5) or unless
                                      through (i) and (j)(1)                              an extension has been
                                      and (2); and 63.649,                                granted by the
                                      63.655 and 63.656.                                  Administrator as
                                                                                          provided in Sec.
                                                                                          63.6(i).
                                     (ii) Either the           (A) On or before August   (1) Sec.   63.640(k),
                                      requirements for          18, 1998.                 (l) and (m). (2) Sec.
                                      existing sources in                                  63.6(c)(5) or unless
                                      Sec.  Sec.   63.643(a)                              an extension has been
                                      and (b); 63.644,                                    granted by the
                                      63.645, 63.647, 63.650                              Administrator as
                                      and 63.651; and item                                provided in Sec.
                                      (4)(v) of this table.                               63.6(i).
                                     OR......................
                                     The requirements in Sec.
                                       Sec.   63.652 and
                                      63.653.

[[Page 164]]

 
                                     (iii) Requirements for    On or before August 18,   Sec.  Sec.   63.640(k),
                                      existing sources in       1998, but you must        (l) and (m) and
                                      either Sec.   63.646 or   transition to comply      63.660(d).
                                      Sec.   63.660 or, if      with only the
                                      applicable, Sec.          requirements in Sec.
                                      63.640(n).                63.660 or, if
                                                                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (v) Requirements for      On or before December     Sec.  Sec.   63.640(k),
                                      existing sources in       26, 2018.                 (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vii) Requirements for    On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (viii) Requirements in    Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
----------------------------------------------------------------------------------------------------------------


                                    Table 12--Individual Component Properties
----------------------------------------------------------------------------------------------------------------
                                                                                   NHVi (British
                                                    MWi (pounds   CMNi (mole per   thermal units   LFLi (volume
          Component            Molecular formula    per pound-         mole)       per standard         %)
                                                       mole)                        cubic foot)
----------------------------------------------------------------------------------------------------------------
Acetylene...................  C2H2..............           26.04               2           1,404             2.5
Benzene.....................  C6H6..............           78.11               6           3,591             1.3
1,2-Butadiene...............  C4H6..............           54.09               4           2,794             2.0
1,3-Butadiene...............  C4H6..............           54.09               4           2,690             2.0
iso-Butane..................  C4H10.............           58.12               4           2,957             1.8
n-Butane....................  C4H10.............           58.12               4           2,968             1.8
cis-Butene..................  C4H8..............           56.11               4           2,830             1.6
iso-Butene..................  C4H8..............           56.11               4           2,928             1.8
trans-Butene................  C4H8..............           56.11               4           2,826             1.7
Carbon Dioxide..............  CO2...............           44.01               1               0         [infin]
Carbon Monoxide.............  CO................           28.01               1             316            12.5
Cyclopropane................  C3H6..............           42.08               3           2,185             2.4
Ethane......................  C2H6..............           30.07               2           1,595             3.0
Ethylene....................  C2H4..............           28.05               2           1,477             2.7
Hydrogen....................  H2................            2.02               0        1,212\a\             4.0
Hydrogen Sulfide............  H2S...............           34.08               0             587             4.0
Methane.....................  CH4...............           16.04               1             896             5.0
Methyl-Acetylene............  C3H4..............           40.06               3           2,088             1.7
Nitrogen....................  N2................           28.01               0               0         [infin]
Oxygen......................  O2................           32.00               0               0         [infin]
Pentane+ (C5+)..............  C5H12.............           72.15               5           3,655             1.4
Propadiene..................  C3H4..............           40.06               3           2,066            2.16
Propane.....................  C3H8..............           44.10               3           2,281             2.1
Propylene...................  C3H6..............           42.08               3           2,150             2.4
Water.......................  H2O...............           18.02               0               0         [infin]
----------------------------------------------------------------------------------------------------------------
\a\ The theoretical net heating value for hydrogen is 274 Btu/scf, but for the purposes of the flare requirement
  in this subpart, a net heating value of 1,212 Btu/scf shall be used.


     Table 13--Calibration and Quality Control Requirements for CPMS
------------------------------------------------------------------------
                                 Minimum accuracy       Calibration
           Parameter               requirements         requirements
------------------------------------------------------------------------
Temperature...................  1 percent   checks at least
                                 over the normal    annually; conduct
                                 range of           calibration checks
                                 temperature        following any period
                                 measured,          of more than 24
                                 expressed in       hours throughout
                                 degrees Celsius    which the
                                 (C), or 2.8        temperature exceeded
                                 degrees C,         the manufacturer's
                                 whichever is       specified maximum
                                 greater.           rated temperature or
                                                    install a new
                                                    temperature sensor.
                                                   At least quarterly,
                                                    inspect all
                                                    components for
                                                    integrity and all
                                                    electrical
                                                    connections for
                                                    continuity,
                                                    oxidation, and
                                                    galvanic corrosion,
                                                    unless the CPMS has
                                                    a redundant
                                                    temperature sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.

[[Page 165]]

 
                                                   Locate the
                                                    temperature sensor
                                                    in a position that
                                                    provides a
                                                    representative
                                                    temperature; shield
                                                    the temperature
                                                    sensor system from
                                                    electromagnetic
                                                    interference and
                                                    chemical
                                                    contaminants.
Flow Rate for All Flows Other   5 percent   calibration check at
                                 over the normal    least biennially
                                 range of flow      (every two years);
                                 measured or 1.9    conduct a
                                 liters per         calibration check
                                 minute (0.5        following any period
                                 gallons per        of more than 24
                                 minute),           hours throughout
                                 whichever is       which the flow rate
                                 greater, for       exceeded the
                                 liquid flow.       manufacturer's
                                                    specified maximum
                                                    rated flow rate or
                                                    install a new flow
                                                    sensor.
                                5 percent   inspect all
                                 over the normal    components for
                                 range of flow      leakage, unless the
                                 measured or 280    CPMS has a redundant
                                 liters per         flow sensor.
                                 minute (10 cubic
                                 feet per
                                 minute),
                                 whichever is
                                 greater, for gas
                                 flow.
                                5 percent   each calibration
                                 over the normal    check and
                                 range measured     inspection.
                                 for mass flow.    Locate the flow
                                                    sensor(s) and other
                                                    necessary equipment
                                                    (such as
                                                    straightening vanes)
                                                    in a position that
                                                    provides
                                                    representative flow;
                                                    reduce swirling flow
                                                    or abnormal velocity
                                                    distributions due to
                                                    upstream and
                                                    downstream
                                                    disturbances.
Flare Vent Gas Flow Rate......  20          calibration check at
                                 percent of flow    least biennially
                                 rate at            (every two years);
                                 velocities         conduct a
                                 ranging from       calibration check
                                 0.03 to 0.3        following any period
                                 meters per         of more than 24
                                 second (0.1 to 1   hours throughout
                                 feet per second).  which the flow rate
                                5 percent   manufacturer's
                                 of flow rate at    specified maximum
                                 velocities         rated flow rate or
                                 greater than 0.3   install a new flow
                                 meters per         sensor.
                                 second (1 feet    At least quarterly,
                                 per second).       inspect all
                                                    components for
                                                    leakage, unless the
                                                    CPMS has a redundant
                                                    flow sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.
                                                   Locate the flow
                                                    sensor(s) and other
                                                    necessary equipment
                                                    (such as
                                                    straightening vanes)
                                                    in a position that
                                                    provides
                                                    representative flow;
                                                    reduce swirling flow
                                                    or abnormal velocity
                                                    distributions due to
                                                    upstream and
                                                    downstream
                                                    disturbances.
Pressure......................  5 percent   sensor readings at
                                 over the normal    least once a week
                                 operating range    for straightline
                                 or 0.12            (unchanging)
                                 kilopascals (0.5   pressure and perform
                                 inches of water    corrective action to
                                 column),           ensure proper
                                 whichever is       pressure sensor
                                 greater.           operation if
                                                    blockage is
                                                    indicated.
                                                   Using an instrument
                                                    recommended by the
                                                    sensor's
                                                    manufacturer, check
                                                    gauge calibration
                                                    and transducer
                                                    calibration
                                                    annually; conduct
                                                    calibration checks
                                                    following any period
                                                    of more than 24
                                                    hours throughout
                                                    which the pressure
                                                    exceeded the
                                                    manufacturer's
                                                    specified maximum
                                                    rated pressure or
                                                    install a new
                                                    pressure sensor.
                                                   At least quarterly,
                                                    inspect all
                                                    components for
                                                    integrity, all
                                                    electrical
                                                    connections for
                                                    continuity, and all
                                                    mechanical
                                                    connections for
                                                    leakage, unless the
                                                    CPMS has a redundant
                                                    pressure sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.
                                                   Locate the pressure
                                                    sensor(s) in a
                                                    position that
                                                    provides a
                                                    representative
                                                    measurement of the
                                                    pressure and
                                                    minimizes or
                                                    eliminates pulsating
                                                    pressure, vibration,
                                                    and internal and
                                                    external corrosion.
Net Heating Value by            2 percent   requirements in your
                                 of span.           site specific CPMS
                                                    monitoring plan.
                                                    Calibration
                                                    requirements should
                                                    follow
                                                    manufacturer's
                                                    recommendations at a
                                                    minimum.
                                                   Temperature control
                                                    (heated and/or
                                                    cooled as necessary)
                                                    the sampling system
                                                    to ensure proper
                                                    year-round
                                                    operation.
                                                   Where feasible,
                                                    select a sampling
                                                    location at least
                                                    two equivalent
                                                    diameters downstream
                                                    from and 0.5
                                                    equivalent diameters
                                                    upstream from the
                                                    nearest disturbance.
                                                    Select the sampling
                                                    location at least
                                                    two equivalent duct
                                                    diameters from the
                                                    nearest control
                                                    device, point of
                                                    pollutant
                                                    generation, air in-
                                                    leakages, or other
                                                    point at which a
                                                    change in the
                                                    pollutant
                                                    concentration or
                                                    emission rate
                                                    occurs.

[[Page 166]]

 
Net Heating Value by Gas        As specified in    Follow the procedure
 Chromatograph.                  Performance        in Performance
                                 Specification 9    Specification 9 of
                                 of 40 CFR part     40 CFR part 60,
                                 60, appendix B     appendix B, except
                                                    that a single daily
                                                    mid-level
                                                    calibration check
                                                    can be used (rather
                                                    than triplicate
                                                    analysis), the multi-
                                                    point calibration
                                                    can be conducted
                                                    quarterly (rather
                                                    than monthly), and
                                                    the sampling line
                                                    temperature must be
                                                    maintained at a
                                                    minimum temperature
                                                    of 60 [deg]C (rather
                                                    than 120 [deg]C).
Hydrogen analyzer.............  2 percent   requirements in your
                                 over the           site specific CPMS
                                 concentration      monitoring plan.
                                 measured or 0.1    Calibration
                                 volume percent,    requirements should
                                 whichever is       follow
                                 greater.           manufacturer's
                                                    recommendations at a
                                                    minimum.
                                                   Where feasible,
                                                    select the sampling
                                                    location at least
                                                    two equivalent duct
                                                    diameters from the
                                                    nearest control
                                                    device, point of
                                                    pollutant
                                                    generation, air in-
                                                    leakages, or other
                                                    point at which a
                                                    change in the
                                                    pollutant
                                                    concentration
                                                    occurs.
------------------------------------------------------------------------


[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, 29882, June 12, 
1996; 63 FR 44142, 44143, Aug. 18, 1998; 74 FR 55688, Oct. 28, 2009; 75 
FR 37731, June 30, 2010; 80 FR 75269, Dec. 1, 2015; 81 FR 45241, July 
13, 2016; 83 FR 60722, Nov. 26, 2018; 85 FR 73893, Nov. 19, 2020]



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

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



Sec.  63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator 
of a plant site for which both of the conditions specified in paragraphs 
(a)(1) and (a)(2) of this section are applicable. If either one of these 
conditions does not apply to the plant site, then the owner and operator 
of the plant site are not subject to the provisions of this subpart.
    (1) The plant site is a major source of hazardous air pollutant 
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that 
receives off-site materials as specified in paragraph (b) of this 
section and the operations is one of the following waste management 
operations or recovery operations as specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material and 
the operation is regulated as a hazardous waste treatment, storage, and 
disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is an 
off-site material and the operation is exempted from regulation as a 
hazardous waste treatment, storage, and disposal facility under 40 CFR 
264.1(g)(6) or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is 
an off-site material and the operation meets both of the following 
conditions:
    (A) The operation is subject to regulation under either section 402 
or 307(b) of the Clean Water Act but is not owned by a ``state'' or 
``municipality'' as defined by section 502(3) and 502(4), respectively, 
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the 
predominant activity performed at the plant site.
    (iv) A recovery operation that recycles or reprocesses hazardous 
waste which is an off-site material and the operation is exempted from 
regulation as a hazardous waste treatment, disposal, and storage 
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent 
which is an off-site material and the operation is not part of a 
chemical, petroleum, or other manufacturing process that is required to 
use air emission controls by another subpart of 40 CFR part 63 or 40 CFR 
part 61.

[[Page 167]]

    (vi) A recovery operation that re-refines or reprocesses used oil 
which is an off-site material and the operation is regulated under 40 
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site 
material is a material that meets all of the criteria specified in 
paragraph (b)(1) of this section but is not one of the materials 
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the 
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section. If any one of these criteria do not apply to the material, then 
the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined in 
Sec.  63.681 of this subpart;
    (ii) The waste, used oil, or used solvent is not produced or 
generated within the plant site, but the material is delivered, 
transferred, or otherwise moved to the plant site from a location 
outside the boundaries of the plant site; and
    (iii) The waste, used oil, or used solvent contains one or more of 
the hazardous air pollutants (HAP) listed in Table 1 of this subpart 
based on the composition of the material at the point-of-delivery, as 
defined in Sec.  63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following 
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all 
applicable regulations under Atomic Energy Act and Nuclear Waste Policy 
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial 
activities required under the Resource Conservation and Recovery Act 
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or 
3008(h)), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) authorities, or similar Federal or State 
authorities.
    (iv) Waste containing HAP that is generated by residential 
households (e.g., old paint, home garden pesticides) and subsequently is 
collected as a community service by government agencies, businesses, or 
other organizations for the purpose of promoting the proper disposal of 
this waste.
    (v) Waste that is transferred from a chemical manufacturing plant or 
other facility for which the owner or operator of the facility from 
which the waste is transferred has complied with the provisions of the 
air emission control standards for process wastewater specified by 
another subpart of this part. This exemption does not apply to a source 
which complies with another subpart of this part by transferring its 
wastewater off-site for control.
    (vi) Waste that is transferred from a chemical manufacturing plant, 
petroleum refinery, or coke by-product recovery plant which is subject 
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene 
Waste Operations, and for which both of the following conditions apply 
to the waste:
    (A) The waste is generated at a facility that is not exempted under 
the provisions of 40 CFR 61.342(a) from meeting the air emission control 
standards of 40 CFR part 61, subpart FF; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
    (vii) Ship ballast water pumped from a ship to an onshore wastewater 
treatment facility.
    (viii) Hazardous waste that is stored for 10 days or less at a 
transfer facility in compliance with the provisions of 40 CFR 263.12.
    (c) Affected sources--(1) Off-site material management units. For 
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of 
this section that is located at the plant site, the affected source is 
the entire group of off-site material management units associated with 
the operation. An off-site material management unit is a tank, 
container, surface impoundment, oil-water separator, organic-water 
separator, or transfer system used to manage off-site material. For the 
purpose of implementing the standards under this subpart, a unit that 
meets the definition of a tank or container but also is equipped with a 
vent that serves as a

[[Page 168]]

process vent for any of the processes listed in paragraphs (c)(2)(i) 
through (c)(2)(vi) of this section is not an off-site material 
management unit but instead is a process vent and is to be included in 
the appropriate affected source group under paragraph (c)(2) of this 
section. Examples of such a unit may include, but are not limited to, a 
distillate receiver vessel, a primary condenser, a bottoms receiver 
vessel, a surge control tank, a separator tank, and a hot well.
    (2) Process vents. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of process equipment 
associated with the process vents for the processes listed in paragraphs 
(c)(2)(i) through (c)(2)(vi) of this section.
    (i) Distillation process used for the treatment, recycling, or 
recovery of off-site material. Distillation means a process, either 
batch or continuous, separating one or more off-site material feed 
streams into two or more exit streams having different component 
concentrations from those in the feed stream or streams. The separation 
is achieved by the redistribution of the components between the liquid 
and vapor phases as they approach equilibrium within the distillation 
unit.
    (ii) Fractionation process used for the treatment, recycling, or 
recovery of off-site material. Fractionation means a liquid mixture 
separation process or method used to separate a mixture of several 
volatile components of different boiling points in successive stages, 
each stage removing from the mixture some proportion of one of the 
components.
    (iii) Thin-film evaporation process used for the treatment, 
recycling, or recovery of off-site material. Thin-film evaporation means 
a liquid mixture separation process or method that uses a heating 
surface consisting of a large diameter tube that may be either straight 
or tapered, horizontal or vertical. Liquid is spread on the tube wall by 
a rotating assembly of blades that maintain a close clearance from the 
wall or actually ride on the film of liquid on the wall.
    (iv) Solvent extraction process used for the treatment, recycling, 
or recovery of off-site material. Solvent extraction means a separation 
process or method in which a solid or a solution is contacted with a 
liquid solvent (the material and the solvent being relatively insoluble 
in each other) to preferentially dissolve and transfer one or more 
components into the solvent.
    (v) Steam stripping process used for the treatment, recycling, or 
recovery of off-site material. Steam stripping means a liquid mixture 
separation process or method in which vaporization of the volatile 
components of a liquid mixture occurs by the introduction of steam 
directly into the process.
    (vi) Gas stripping process used for the treatment, recycling, or 
recovery of off-site material. Gas stripping means a desorption process 
or method used to transfer one or more volatile components from a liquid 
mixture into a gas stream either with or without the application of heat 
to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or 
valve-type plate towers are examples of the process configurations used 
for contacting the gas and a liquid.
    (3) Equipment leaks. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of equipment 
components for which each component meets all of the conditions 
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section. 
If any one of these conditions do not apply to an equipment component, 
then that component is not part of the affected source for equipment 
leaks.
    (i) The equipment component is a pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, or instrumentation system;
    (ii) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight; and
    (iii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in off-site material service, as defined 
in Sec.  63.681 of this subpart.

[[Page 169]]

    (d) Facility-wide exemption. The owner or operator of affected 
sources subject to this subpart is exempted from the requirements of 
Sec. Sec.  63.682 through 63.699 of this subpart in situations when the 
total annual quantity of the HAP that is contained in the off-site 
material received at the plant site is less than 1 megagram per year. 
For a plant site to be exempted under the provisions of this paragraph 
(d), the owner or operator must meet the requirements in paragraphs 
(d)(1) through (d)(3) of this section.
    (1) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material received at the 
plant site. This determination is based on the total quantity of the HAP 
listed in Table 1 of this subpart as determined at the point-of-delivery 
for each off-site material stream.
    (2) The owner or operator must prepare a new determination whenever 
the extent of changes to the quantity or composition of the off-site 
material received at the plant site could cause the total annual HAP 
quantity in the off-site material received at the plant site to exceed 
the limit of 1 megagram per year.
    (3) The owner or operator must maintain documentation to support the 
owner's or operator's determination of the total annual HAP quantity in 
the off-site material received at the plant site. This documentation 
must include the basis and data used for determining the HAP content of 
the off-site material.
    (e) Compliance dates--(1) Existing sources. The owner or operator of 
an affected source that commenced construction or reconstruction before 
October 13, 1994, must achieve compliance with the provisions of this 
subpart on or before the date specified in paragraphs (e)(1)(i), (ii), 
or (iii) of this section as applicable to the affected source.
    (i) For an affected source that commenced construction or 
reconstruction before October 13, 1994 and receives off-site material 
for the first time before February 1, 2000, the owner or operator of 
this affected source must achieve compliance with the provisions of the 
subpart (except Sec. Sec.  63.685(b)(1)(ii), 63.691(b)(2), and 
63.691(c)(3)(i) and (ii)) on or before February 1, 2000 unless an 
extension has been granted by the Administrator as provided in Sec.  
63.6(i). These existing affected sources shall be in compliance with the 
tank requirements of Sec.  63.685(b)(1)(ii) 2 years after the 
publication date of the final amendments on March 18, 2015, the 
equipment leak requirements of Sec.  63.691(b)(2) 1 year after the 
publication date of the final amendments on March 18, 2015, and the 
pressure relief device monitoring requirements of Sec.  63.691(c)(3)(i) 
and (ii) 3 years after the publication date of the final amendments on 
March 18, 2015.
    (ii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after February 1, 2000, but before March 18, 
2015, the owner or operator of the affected source must achieve 
compliance with the provisions of this subpart (except Sec. Sec.  
63.685(b)(1)(ii), 63.691(b)(2), and 63.691(c)(3)(i) and (ii)) upon the 
first date that the affected source begins to manage off-site material. 
These existing affected sources shall be in compliance with the tank 
requirements of Sec.  63.685(b)(1)(ii) 2 years after the publication 
date of the final amendments on March 18, 2015, the equipment leak 
requirements of Sec.  63.691(b)(2) 1 year after the publication date of 
the final amendments on March 18, 2015, and the pressure relief device 
monitoring requirements of Sec.  63.691(c)(3)(i) and (ii) 3 years after 
the publication date of the final amendments on March 18, 2015.
    (iii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after March 18, 2015, the owner or operator of 
the affected source must achieve compliance with the provisions of this 
subpart (except Sec. Sec.  63.685 (b)(1)(ii), 63.691(b)(2), and 
63.691(c)(3)(i) and (ii)) upon the first date that the affected source 
begins to manage off-site material. These existing affected sources 
shall be in compliance with the tank requirements of Sec.  
63.685(b)(1)(ii) 2 years after the publication date of the final 
amendments on March 18, 2015, the equipment leak requirements of

[[Page 170]]

Sec.  63.691(b)(2) 1 year after the publication date of the final 
amendments on March 18, 2015, and the pressure relief device monitoring 
requirements of Sec.  63.691(c)(3)(i) and (ii) 3 years after the 
publication date of the final amendments on March 18, 2015.
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994, must achieve compliance with the provisions of this subpart 
(except Sec. Sec.  63.685(b)(2), 63.691(b)(2), and 63.691(c)(3)(i) and 
(ii)) on or before July 1, 1996, or upon initial startup of operations, 
whichever date is later as provided in 40 CFR 63.6(b). New affected 
sources that commenced construction or reconstruction after October 13, 
1994, but on or before July 2, 2014, shall be in compliance with the 
tank requirements of Sec.  63.685(b)(2) 2 years after the publication 
date of the final amendments, the equipment leak requirements of Sec.  
63.691(b)(2) 1 year after the publication date of the final amendments, 
and the pressure relief device monitoring requirements of Sec.  
63.691(c)(3)(i) and (ii) 3 years after the effective date of the final 
amendments. New affected sources that commence construction or 
reconstruction after July 2, 2014, shall be in compliance with the tank 
requirements of Sec.  63.685(b)(2), the equipment leak requirements of 
Sec.  63.691(b)(2), and the pressure relief device monitoring 
requirements of Sec.  63.691(c)(3)(i) and (ii) upon initial startup or 
by the effective date of the final amendments, whichever is later.
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions 
that apply and those that do not apply to this subpart are specified in 
Table 2 of this subpart.
    (g) 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 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.

[61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999; 80 
FR 14271, Mar. 18, 2015]



Sec.  63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Bypass means diverting a process vent or closed vent system stream 
to the atmosphere such that it does not first pass through an emission 
control device.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of hard-piping, ductwork, connections, and, if 
necessary, fans, blowers, or other flow-inducing devices that conveys 
gas or vapor from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.

[[Page 171]]

    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering, removing, 
oxidizing, or destroying organic vapors. Examples of such equipment 
include but are not limited to carbon adsorbers, condensers, vapor 
incinerators, flares, boilers, and process heaters.
    Cover means a device or system that provides a continuous barrier 
over the material managed in an off-site material management unit to 
prevent or reduce air pollutant emissions to the atmosphere. A cover may 
have openings needed for operation, inspection, sampling, maintenance, 
and repair of the unit provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). A cover may be a separate 
piece of equipment which can be detached and removed from the unit or a 
cover may be formed by structural features permanently integrated into 
the design of the unit.
    Emission point means an individual tank, surface impoundment, 
container, oil-water or organic-water separator, transfer system, 
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous air pollutants or HAP means the specific organic chemical 
compounds, isomers, and mixtures listed in Table 1 of this subpart.
    Hazardous waste means a waste that is determined to be hazardous 
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as 
implemented by 40 CFR parts 260 and 261.
    In gas/vapor service means that a piece of equipment in off-site 
material service contains or contacts a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in off-site 
material service is not in gas/vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in off-site 
material service contains or contacts a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C;
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C is equal to or greater than 20 percent by weight of the total 
process stream; and
    (3) The fluid is a liquid at operating conditions. Note to 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 off-site 
material service is not in gas/vapor service.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer lines and other 
junction boxes (e.g.,

[[Page 172]]

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

[[Page 173]]

separated only by a road or other public right-of-way. Common control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, or any combination thereof. A unit or 
group of units within a contiguous property that are not under common 
control (e.g., a wastewater treatment unit or solvent recovery unit 
located at the site but is sold to a different company) is a different 
plant site.
    Point-of-delivery means the point at the boundary or within the 
plant site where the owner or operator first accepts custody, takes 
possession, or assumes responsibility for the management of an off-site 
material stream managed in a waste management operation or recovery 
operation specified in Sec.  63.680 (a)(2)(i) through (a)(2)(vi) of this 
subpart. The characteristics of an off-site material stream are 
determined prior to combining the off-site material stream with other 
off-site material streams or with any other materials.
    Point-of-treatment means a point after the treated material exits 
the treatment process but before the first point downstream of the 
treatment process exit where the organic constituents in the treated 
material have the potential to volatilize and be released to the 
atmosphere. For the purpose of applying this definition to this subpart, 
the first point downstream of the treatment process exit is not a 
fugitive emission point due to an equipment leak from any of the 
following equipment components: Pumps, compressors, valves, connectors, 
instrumentation systems, or pressure relief devices.
    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.
    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 heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means an open-ended pipe, stack, or duct through which 
a gas stream containing HAP is continuously or intermittently discharged 
to the atmosphere from any of the processes listed in Sec.  
63.680(c)(2)(i) through (vi). For the purpose of this subpart, a process 
vent is none of the following: a pressure relief device; an open-ended 
line or other vent that is subject to the equipment leak control 
requirements under Sec.  63.691; or a stack or other vent that is used 
to exhaust combustion products from a boiler, furnace, process heater, 
incinerator, or other combustion device.
    Recovery operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled, 
reprocessed, or re-refined to obtain the intended product or to remove 
the physical and chemical impurities of concern.
    Separator means a waste management unit, generally a tank, used to 
separate oil or organics from water. A separator consists of not only 
the separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to any 
additional treatment units such as an air flotation unit clarifier or 
biological treatment unit. Examples of a separator include, but are not 
limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked

[[Page 174]]

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

[[Page 175]]

Method 9095--Paint Filter Liquids Test in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, 
Third Edition, September 1986, as amended by Update I, November 15, 
1992. (As an alternative, an owner or operator may use any more recent, 
updated version of Method 9095 approved by the EPA.) A waste 
stabilization process includes mixing the waste with binders or other 
materials and curing the resulting waste and binder mixture. Other 
synonymous terms used to refer to this process are ``waste fixation'' or 
``waste solidification.'' A waste stabilization process does not include 
the adding of absorbent materials to the surface of a waste, without 
mixing, agitation, or subsequent curing, to absorb free liquid.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999; 80 
FR 14272, Mar. 18, 2015]



Sec.  63.682  [Reserved]



Sec.  63.683  Standards: General.

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

[[Page 176]]

(b)(2)(ii)(A) of this section and performing a new determination as 
required by paragraph (b)(2)(ii)(B) of this section.
    (A) The owner or operator must designate each of the off-site 
material management units selected by the owner or operator to be exempt 
under paragraph (b)(2)(ii) of this section by either submitting to the 
Administrator a written notification identifying the exempt-units or 
permanently marking the exempt-units at the plant site. If an owner or 
operator chooses to prepare and submit a written notification, this 
notification must include a site plan, process diagram, or other 
appropriate documentation identifying each of the exempt-units. If an 
owner or operator chooses to permanently mark the exempt-units, each 
exempt-unit must be marked in such a manner that it can be readily 
identified as an exempt-unit from the other off-site material management 
units located at the plant site.
    (B) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material placed in the 
units exempted under this paragraph (b)(2)(ii). This determination is 
based on the total quantity of the HAP listed in Table 1 of this subpart 
as determined at the point where the off-site material is placed in each 
exempted unit. The owner or operator must perform a new determination 
whenever the extent of changes to the quantity or composition of the 
off-site material placed in the exempted units could cause the total 
annual HAP content in the off-site material to exceed 1 megagram per 
year. The owner or operator must maintain documentation to support the 
most recent determination of the total annual HAP quantity. This 
documentation must include the basis and data used for determining the 
HAP content of the off-site material.
    (iii) A tank or surface impoundment is exempted from the 
requirements in paragraph (b)(1) of this section if the unit is used for 
a biological treatment process that meets the requirements in either 
paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner 
or operator complies with the monitoring requirements in Sec.  
63.684(e)(4) of this subpart.
    (A) The HAP biodegradation efficiency (Rbio) for the 
biological treatment process is equal to or greater than 95 percent. The 
HAP biodegradation efficiency (Rbio) shall be determined in 
accordance with the requirements of Sec.  63.694(h) of this subpart.
    (B) The total actual HAP mass removal rate (MRbio) for 
the off-site material treated by the biological treatment process is 
equal to or greater than the required HAP mass removal rate (RMR) for 
the off-site material. The total actual HAP mass removal rate 
(MRbio) must be determined in accordance with the 
requirements of Sec.  63.694(i) of this subpart. The required HAP mass 
removal rate (RMR) must be determined in accordance with the 
requirements of Sec.  63.694(e) of this subpart.
    (iv) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B) 
of this section.
    (A) The hazardous waste meets the numerical organic concentration 
limits, applicable to the hazardous waste, as specified in 40 CFR part 
268--Land Disposal Restrictions, listed in the table, ``Treatment 
Standards for Hazardous Waste'' in 40 CFR 268.40.
    (B) The organic hazardous constituents in the hazardous waste have 
been treated by the treatment technology established by the EPA for the 
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed 
by an equivalent method of treatment approved by the EPA under 40 CFR 
268.42(b).
    (v) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph 
(b)(1) of this section if the tank meets all of the conditions specified 
in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section.
    (A) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--

[[Page 177]]

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

[[Page 178]]

rate and total HAP concentration. The owner or operator must perform a 
new determination of the process vent stream flow rate and total HAP 
concentration when the extent of changes to operation of the unit on 
which the process vent is used could cause either the process vent 
stream flow rate to exceed the limit of 6.0 m\3\/min or the total HAP 
concentration to exceed the limit of 20 ppmv.
    (d) Equipment leaks. The owner or operator must control equipment 
leaks from each equipment component that is part of the affected source 
specified in Sec.  63.680(c)(3) of this subpart by implementing leak 
detection and control measures in accordance with the standards 
specified in Sec.  63.691 of this subpart.
    (e) 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 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) In addition to the cases listed in Sec.  63.695(e)(4), deviation 
means any of the cases listed in paragraphs (f)(1) through (6) of this 
section.
    (1) Any instance in which an affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
requirement or obligation established by this subpart, including, but 
not limited to, any emission limit, operating limit or work practice 
standard.
    (2) When a performance test indicates that emissions of a pollutant 
in Table 1 to this subpart are exceeding the emission standard for the 
pollutant specified in Table 1 to this subpart.
    (3) When the average value of a monitored operating parameter, based 
on the data averaging period for compliance specified in Sec.  63.695, 
does not meet the operating limit specified in Sec.  63.693.
    (4) When an affected source discharges directly into the atmosphere 
from any of the sources specified in paragraphs (f)(4)(i) and (ii) of 
this section.
    (i) A pressure relief device, as defined in Sec.  63.681.
    (ii) A bypass, as defined in Sec.  63.681.
    (5) Any instance in which the affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
term or condition specified in paragraph (f)(5)(i) or (ii) of this 
section.
    (i) Any term or condition that is adopted to implement an applicable 
requirement in this subpart.
    (ii) Any term or condition relating to compliance with this subpart 
that is included in the operating permit for an affected source to 
obtain such a permit.
    (6) Any failure to collect required data, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments).

[64 FR 38965, July 20, 1999, as amended at 80 FR 14272, Mar. 18, 2015]



Sec.  63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec.  63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.
    (b) The owner or operator shall remove or destroy the HAP contained 
in off-site material streams to be managed in the off-site material 
management unit in accordance with Sec.  63.683(b)(1)(ii) of this 
subpart using a treatment process that continuously achieves, under 
normal operations, one or more of the performance levels specified in 
paragraphs (b)(1) through (b)(5) of this section (as applicable to the 
type of treatment process) for the

[[Page 179]]

range of off-site material stream compositions and quantities expected 
to be treated.
    (1) VOHAP concentration. The treatment process shall reduce the 
VOHAP concentration of the off-site material using a means, other than 
by dilution, to achieve one of the following performance levels, as 
applicable:
    (i) In the case when every off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 500 ppmw at the point-of-delivery, then the VOHAP concentration of 
the off-site material shall be reduced to a level that is less than 500 
ppmw at the point-of-treatment.
    (ii) In the case when off-site material streams entering the 
treatment process are a mixture of off-site material streams having an 
average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery with off-site material streams having average VOHAP 
concentrations less than 500 ppmw at the point-of-delivery, then the 
VOHAP concentration of the off-site material must be reduced to a level 
at the point-of-treatment that meets the performance level specified in 
either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) Less than the VOHAP concentration limit (CR) 
established for the treatment process using the procedure specified in 
Sec.  63.694(d); or
    (B) Less than the lowest VOHAP concentration determined for each of 
the off-site material streams entering the treatment process as 
determined by the VOHAP concentration of the off-site material at the 
point-of-delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material stream 
using the procedure specified in Sec.  63.694(e) of this subpart. The MR 
for the off-site material streams shall be determined using the 
procedures specified in Sec.  63.694(f) of this subpart.
    (3) HAP reduction efficiency. For any treatment process except a 
treatment process that uses biological degradation and is performed in 
an open tank or surface impoundment, the treatment process must achieve 
the applicable performance level specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section.
    (i) In the case when the owner or operator determines that off-site 
material stream entering the treatment process has an average VOHAP 
concentration less than 10,000 ppmw at the point-of-delivery, then the 
treatment process shall achieve a performance level such that the total 
quantity of HAP in the off-site material stream is reduced by 95 percent 
or more. The HAP reduction efficiency (R) for the treatment process 
shall be determined using the procedure specified in Sec.  63.694(g) of 
this subpart. The average VOHAP concentration of the off-site material 
stream at the point-of-delivery shall be determined using the procedure 
specified in Sec.  63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 10,000 ppmw at the point-of-delivery, then the treatment process 
shall achieve a performance level such that the total quantity of HAP in 
the off-site material stream is reduced by 95 percent or more, and the 
average VOHAP concentration of the off-site material at the point-of-
treatment is less than 100 parts per million by weight (ppmw). The HAP 
reduction efficiency (R) for the treatment process shall be determined 
using the procedure specified in Sec.  63.694(g) of this subpart. The 
average VOHAP concentration of the off-site material stream at the 
point-of-treatment shall be determined using the procedure specified in 
Sec.  63.694(c) of this subpart.
    (4) Biological degradation performed in an open tank or surface 
impoundment. A treatment process using biological degradation and 
performed in an open tank or surface impoundment must achieve the 
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii) 
of this section.
    (i) The HAP reduction efficiency (R) for the treatment process is 
equal to or greater than 95 percent, and the HAP biodegradation 
efficiency (Rbio) for the

[[Page 180]]

treatment process is equal to or greater than 95 percent. The HAP 
reduction efficiency (R) shall be determined using the procedure 
specified in Sec.  63.694(g) of this subpart. The HAP biodegradation 
efficiency (Rbio) shall be determined in accordance with the 
requirements of Sec.  63.694(h) of this subpart.
    (ii) The total quantity of HAP actually removed from the off-site 
material stream by biological degradation (MRbio) shall be 
equal to or greater than the required mass removal (RMR) established for 
the off-site material stream using the procedure specified in Sec.  
63.694(e) of this subpart. The MRbio of the off-site material 
stream shall be determined using the procedures specified in Sec.  
63.694(i) of this subpart.
    (5) Incineration. The treatment process must destroy the HAP 
contained in the off-site material stream using one of the combustion 
devices specified in paragraphs (b)(5)(i) through (v) of this section.
    (i) An incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270, and the incinerator is designed and 
operated in accordance with the requirements of 40 CFR part 264, subpart 
O--Incinerators, or
    (ii) An incinerator for which the owner or operator has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O--Incinerators.
    (iii) A boiler or industrial furnace for which the owner or operator 
has been issued a final permit under 40 CFR part 270, and the combustion 
unit is designed and operated in accordance with the requirements of 40 
CFR part 266, subpart H--Hazardous Waste Burned in Boilers and 
Industrial Furnaces.
    (iv) A boiler or industrial furnace for which the owner or operator 
has certified compliance with the interim status requirements of 40 CFR 
part 266, subpart H Hazardous Waste Burned in Boilers and Industrial 
Furnaces.
    (v) An incinerator, boiler, or industrial furnace for which the 
owner or operator has submitted a Notification of Compliance under 
Sec. Sec.  63.1207(j) and 63.1210(d) and complies with the requirements 
of subpart EEE of this part at all times (including times when non-
hazardous waste is being burned).
    (c) For a treatment process that removes the HAP from the off-site 
material by a means other than thermal destruction or biological 
degradation to achieve one of the performances levels specified in 
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or 
operator shall manage the HAP removed from the off-site material in such 
a manner to minimize release of these HAP to the atmosphere, to the 
extent practical. Examples of HAP emission control measures that meet 
the requirements of this paragraph include managing the HAP removed from 
the off-site material in units that use air emission controls in 
accordance with the standards specified in Sec. Sec.  63.685 through 
63.689 of this subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall demonstrate that the 
treatment process achieves the selected performance level for the range 
of expected off-site material stream compositions expected to be 
treated. An initial demonstration shall be performed as soon as possible 
but no later than 30 days after first time an owner or operator begins 
using the treatment process to manage off-site material streams in 
accordance with the requirements of either Sec.  63.683(b)(1)(ii) or 
Sec.  63.683(b)(2)(ii) of this subpart as applicable to the affected 
off-site material management unit or process equipment. Thereafter, the 
owner or operator shall review and update, as necessary, this 
demonstration at least once every calendar year following the date of 
the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall ensure that the 
treatment process is achieving the applicable performance requirements 
by continuously monitoring the operation of the process when it is used 
to treat off-site material by complying with paragraphs (e)(1) through 
(e)(3) or, for biological treatment units, paragraph (e)(4) of this 
section:

[[Page 181]]

    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, and 
maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording device 
that is capable of recording either an instantaneous data value at least 
once every 15 minutes or an average value for intervals of 15 minutes or 
less.
    (2) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the treatment process must be operated to 
continuously achieve the applicable performance requirements of this 
section.
    (3) When the treatment process is operating to treat off-site 
material, the owner or operator shall inspect the data recorded by the 
continuous monitoring system on a routine basis and operate the 
treatment process such that the actual value of each monitored operating 
parameter is greater than the minimum operating parameter value or less 
than the maximum operating parameter value, as appropriate, established 
for the treatment process.
    (4) When the treatment process is a biological treatment process 
that is complying with paragraph (b)(4) of this section, the owner or 
operator must establish and implement a written procedure to monitor the 
appropriate parameters that demonstrate proper operation of the 
biological treatment unit in accordance with the evaluation required in 
Sec.  63.694(h) of this subpart. The written procedure must list the 
operating parameters that will be monitored and state the frequency of 
monitoring to ensure that the biological treatment unit is operating 
between the minimum operating parameter values and maximum operating 
parameter values to establish that the biological treatment unit is 
continuously achieving the performance requirement.
    (f) The owner or operator must maintain records for each treatment 
process in accordance with the requirements of Sec.  63.696(a) of this 
subpart.
    (g) The owner or operator must prepare and submit reports for each 
treatment process in accordance with the requirements of Sec.  63.697(a) 
of this subpart.
    (h) The Administrator may at any time conduct or require that the 
owner or operator conduct testing necessary to demonstrate that a 
treatment process is achieving the applicable performance requirements 
of this section. The testing shall be conducted in accordance with the 
applicable requirements of this section. The Administrator may elect to 
have an authorized representative observe testing conducted by the owner 
or operator.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999; 66 
FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003; 80 FR 14273, Mar. 18, 
2015]



Sec.  63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
emissions from tanks for which Sec.  63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) According to the date an affected source commenced construction 
or reconstruction and the date an affected source receives off-site 
material for the first time as established in Sec.  63.680(e)(i) through 
(iii), the owner or operator shall control air emissions from each tank 
subject to this section in accordance with either paragraph (b)(1)(i) or 
(ii) of this section.
    (1)(i) For a tank that is part of an existing affected source but 
the tank is not used for a waste stabilization process as defined in 
Sec.  63.681, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 3 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 3 to use Tank Level 1 controls in accordance with the requirements 
of

[[Page 182]]

paragraph (c) of this section. The owner or operator shall control air 
emissions from a tank required by Table 3 to use Tank Level 2 controls 
in accordance with the requirements of paragraph (d) of this section.
    (ii) For a tank that is part of an existing affected source but the 
tank is not used for a waste stabilization process as defined in Sec.  
63.681, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 4 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 4 to use Tank Level 1 controls in accordance with the requirements 
of paragraph (c) of this section. The owner or operator shall control 
air emissions from a tank required by Table 4 to use Tank Level 2 
controls in accordance with the requirements of paragraph (d) of this 
section.
    (2) For a tank that is part of a new affected source but the tank is 
not used for a waste stabilization process as defined in Sec.  63.681, 
the owner or operator shall determine whether the tank is required to 
use either Tank Level 1 controls or Tank Level 2 controls as specified 
for the tank by Table 5 of this subpart based on the off-site material 
maximum HAP vapor pressure and the tank's design capacity. The owner or 
operator shall control air emissions from a tank required by Table 5 to 
use Tank Level 1 controls in accordance with the requirements of 
paragraph (c) of this section. The owner or operator shall control air 
emissions from a tank required by Table 5 to use Tank Level 2 controls 
in accordance with the requirements of paragraph (d) of this section.
    (3) For a tank that is used for a waste stabilization process, the 
owner or operator shall control air emissions from the tank by using 
Tank Level 2 controls in accordance with the requirements of paragraph 
(d) of this section.
    (c) Owners and operators controlling air emissions from a tank using 
Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor 
pressure for an off-site material to be managed in the tank using Tank 
Level 1 controls before the first time the off-site material is placed 
in the tank. The maximum HAP vapor pressure shall be determined using 
the procedures specified in Sec.  63.694(j). Thereafter, the owner or 
operator shall perform a new determination whenever changes to the off-
site material managed in the tank could potentially cause the maximum 
HAP vapor pressure to increase to a level that is equal to or greater 
than the maximum HAP vapor pressure limit for the tank design capacity 
category specified in Table 3, Table 4, or Table 5 of this subpart, as 
applicable to the tank.
    (2) The owner or operator must control air emissions from the tank 
in accordance with the requirements in either paragraph (c)(2)(i), 
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
    (i) The owner or operator controls air emissions from the tank in 
accordance with the provisions specified in subpart OO of this part--
National Emission Standards for Tanks--Level 1, except that Sec.  
63.902(c)(2) and (3) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section, an owner or operator may control air 
emissions from the tank in accordance with the provisions for Tank Level 
2 controls as specified in paragraph (d) of this section.
    (iii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section when a tank is used as an interim transfer 
point to transfer off-site material from containers to another off-site 
material management unit, an owner or operator may control air emissions 
from the tank in accordance with the requirements in paragraphs 
(c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a 
tank is an in-ground tank into which organic-contaminated debris is 
dumped from roll-off boxes or dump trucks, and then this debris is 
promptly transferred from the tank to a macroencapsulation unit by a 
backhoe.
    (A) During those periods of time when the material transfer activity 
is

[[Page 183]]

occurring, the tank may be operated without a cover.
    (B) At all other times, air emissions from the tank must be 
controlled in accordance with the provisions specified in subpart OO of 
this part--National Emission Standards for Tanks--Level 1, with the 
exceptions specified in paragraphs (c)(2)(iii)(B)(1) and (2) of this 
section.
    (1) Where Sec.  63.902(c)(2) provides an exception for a spring-
loaded pressure-vacuum relief valve, conservation vent, or similar type 
of pressure relief device which vents to the atmosphere, only a 
conservation vent shall be eligible for the exception for the purposes 
of this subpart.
    (2) Section 63.902(c)(3) shall not apply for the purposes of this 
subpart.
    (d) Owners and operators controlling air emissions from a tank using 
Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who elects to control air emissions from a 
tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec.  63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.

[[Page 184]]

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

[[Page 185]]

fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified in Sec.  63.695(b) of this 
subpart.
    (g) The owner or operator who controls tank air emissions by venting 
to a control device shall meet the requirements specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the off-site material 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the equipment throughout its intended service life. Factors 
to be considered when selecting the materials for and designing the 
fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid and its vapor 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which the 
fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  63.693 of this 
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except that venting to the control device is not 
required, and opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (ii) To remove accumulated sludge or other residues from the bottom 
of the tank.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with

[[Page 186]]

the procedures specified in Sec.  63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions 
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec.  63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
at those times when purging of inerts from the tank is required and the 
purge stream is routed to a closed-vent system and control device 
designed and operated in accordance with the requirements of Sec.  
63.693.
    (i) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (3) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or to direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec.  63.693 of this subpart.
    (3) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec.  63.693.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999; 66 
FR 1266, Jan. 8, 2001; 80 FR 14273, Mar. 18, 2015]



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

    (a) The provisions of this section apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which Sec.  63.683(b)(1)(i) of this subpart references the use of this 
section for such air emission control.
    (b) The owner or operator shall control air emissions from each 
separator subject to this section by using one of the following:
    (1) A floating roof in accordance with all applicable provisions 
specified in subpart VV of this part--National Emission Standards for 
Oil-Water Separators and Organic-Water Separators, except that 
Sec. Sec.  63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not 
apply for the purposes of this subpart. For portions of the separator 
where it is infeasible to install and operate a floating roof, such as 
over a weir mechanism, the owner or operator shall comply with the 
requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a 
control device in accordance with all applicable provisions specified in 
subpart VV of this part--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators, except that Sec. Sec.  
63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for 
the purposes of this subpart.
    (3) A pressurized separator that operates as a closed system in 
accordance with all applicable provisions specified in subpart VV of 
this part--National Emission Standards for Oil-Water Separators and 
Organic-Water Separators, except that Sec. Sec.  63.1043(c)(2), 
63.1044(c)(2),

[[Page 187]]

and 63.1045(b)(3)(i) shall not apply for the purposes of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments for which Sec.  63.683(b)(1)(i) of 
this subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
surface impoundment subject to this section by using one of the 
following:
    (1) A floating membrane cover in accordance with the applicable 
provisions specified in subpart QQ of this part--National Emission 
Standards for Surface Impoundments, except that Sec. Sec.  63.942(c)(2) 
and (3) and 63.943(c)(2) shall not apply for the purposes of this 
subpart; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with all applicable provisions specified in subpart 
QQ of this part--National Emission Standards for Surface Impoundments, 
except that Sec. Sec.  63.942(c)(2) and (3) and 63.943(c)(2) shall not 
apply for the purposes of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
emissions from containers for which Sec.  63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
container subject to this section in accordance with the following 
requirements, as applicable to the container, except when the special 
provisions for waste stabilization processes specified in paragraph (c) 
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator must control 
air emissions from the container in accordance with the requirements in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 1 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(1)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
either Container Level 2 controls or Container Level 3 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (2) For a container having a design capacity greater than 0.46 m\3\ 
and the container is not in light-material service as defined in Sec.  
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (3) For a container having a design capacity greater than 0.46 m\3\ 
and the container is in light-material service as defined in Sec.  
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 2 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(3)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
Container Level 3 controls as specified in 40 CFR part 63,

[[Page 188]]

subpart PP--National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design 
capacity greater than 0.1 m\3\ is used for treatment of an off-site 
material by a waste stabilization process as defined in Sec.  63.681 of 
this subpart, the owner or operator shall control air emissions from the 
container at those times during the process when the off-site material 
in the container is exposed to the atmosphere in accordance with the 
standards for Container Level 3 controls as specified in 40 CFR part 63, 
subpart PP--National Emission Standards for Containers.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air 
emissions from transfer systems for which Sec.  63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) For each transfer system that is subject to this section and is 
an individual drain system, the owner or operator shall control air 
emissions in accordance with the standards specified in 40 CFR part 63, 
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is 
not an individual drain system, the owner or operator shall control air 
emissions by using one of the transfer systems specified in paragraphs 
(c)(1) through (c)(3) of this section.
    (1) A transfer system that uses covers in accordance with the 
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed-
vent system to a control device in accordance with the requirements 
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed-vent system and control device are designed and 
operated in accordance with the requirements of Sec.  63.693 of this 
subpart.
    (d) Owners and operators controlling air emissions from a transfer 
system using covers in accordance with the provisions of paragraph 
(c)(1) of this section shall meet the requirements specified in 
paragraphs (d)(1) through (d)(6) of this section.
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the off-site material 
as it is conveyed by the transfer system except for the openings at the 
inlet and outlet to the transfer system through which the off-site 
material passes. The inlet and outlet openings used for passage of the 
off-site material through the transfer system shall be the minimum size 
required for practical operation of the transfer system.
    (2) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system 
through which the off-site material passes, each opening in the cover 
shall be equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the off-site material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and

[[Page 189]]

closure devices shall include: organic vapor permeability; the effects 
of any contact with the material or its vapors conveyed in the transfer 
system; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the transfer system on which the 
cover is installed.
    (5) Whenever an off-site material is in the transfer system, the 
cover shall be installed with each closure device secured in the closed 
position, except the opening of closure devices or removal of the cover 
is allowed to provide access to the transfer system for performing 
routine inspection, maintenance, repair, or other activities needed for 
normal operations. Examples of such activities include those times when 
a worker needs to open a hatch or remove the cover to repair conveyance 
equipment mounted under the cover or to clear a blockage of material 
inside the system. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed position 
or reinstall the cover, as applicable.
    (6) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec.  63.695 
of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999; 80 
FR 14275, Mar. 18, 2015]



Sec.  63.690  Standards: Process vents.

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

[64 FR 38970, July 20, 1999]



Sec.  63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air 
emissions from equipment leaks for which Sec.  63.683(d) references the 
use of this section for such air emissions control.
    (b) According to the date an affected source commenced construction 
or reconstruction and the date an affected source receives off-site 
material for the first time, as established in Sec.  63.680(e)(i) 
through (iii), the owner or operator shall control the HAP emitted from 
equipment leaks in accordance with the applicable provisions specified 
in either paragraph (b)(1) or (2) of this section.
    (1)(i) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. Sec.  61.241 through 61.247 in 40 CFR part 
61, subpart V--National Emission Standards for Equipment Leaks, with the 
difference noted in paragraphs (b)(1)(iii) and (iv) of this section for 
the purposes of this subpart; or
    (ii) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. Sec.  63.161 through 63.182 in subpart H 
of this part--National Emission Standards for Organic Hazardous Air 
Pollutants from Equipment Leaks, with the differences noted in 
paragraphs (b)(2)(i) through (iv) of this section for the purposes of 
this subpart.
    (iii) On or after March 18, 2015, for the purpose of complying with 
the requirements of 40 CFR 61.242-6(a)(2) or the requirements of Sec.  
63.167(a)(2), the open end is sealed when instrument monitoring of the 
open-ended valve or line conducted according to Method 21 of 40 CFR part 
60, appendix A indicates no readings of 500 ppm or greater.
    (iv) On or after March 18, 2015, for the purpose of complying with 
the requirements of 40 CFR 61.242-6(d) or the requirements of Sec.  
63.167(d), open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process upset 
and that are exempt from the requirements in 40 CFR 61.242-6(a), (b), 
and (c) or Sec.  63.167(a), (b), and (c) must comply with the 
requirements in Sec.  63.693(c)(2).
    (2) The owner or operator controls the HAP emitted from equipment 
leaks

[[Page 190]]

in accordance with Sec. Sec.  63.161 through 63.183 in subpart H of this 
part--National Emission Standards for Organic Hazardous Air Pollutants 
for Equipment Leaks, with the differences noted in paragraphs (b)(2)(i) 
through (v) of this section for the purposes of this subpart.
    (i) For each valve in gas/vapor or in light liquid service, as 
defined in Sec.  63.681, that is part of an affected source under this 
subpart, an instrument reading that defines a leak is 500 ppm or greater 
as detected by Method 21 of 40 CFR part 60, appendix A.
    (ii) For each pump in light liquid service, as defined in Sec.  
63.681, that is part of an affected source under this subpart, an 
instrument reading that defines a leak is 1,000 ppm or greater as 
detected by Method 21 of 40 CFR part 60, appendix A. Repair is not 
required unless an instrument reading of 2,000 ppm or greater is 
detected.
    (iii) On or after March 18, 2015, for the purpose of complying with 
the requirements of Sec.  63.167(a)(2), the open end is sealed when 
instrument monitoring of the open-ended valve or line conducted 
according to Method 21 of 40 CFR part 60, appendix A indicates no 
readings of 500 ppm or greater.
    (iv) On or after March 18, 2015, for the purpose of complying with 
the requirements of Sec.  63.167(d), open-ended valves or lines in an 
emergency shutdown system which are designed to open automatically in 
the event of a process upset and that are exempt from the requirements 
in Sec.  63.167(a), (b), and (c) must comply with the requirements in 
Sec.  63.693(c)(2).
    (v) For the purposes of this subpart, the pressure relief device 
requirements of Sec.  63.691(c) of this subpart rather than those of 
Sec.  63.165 or of 40 CFR 61.242-4, as applicable, shall apply. The 
pressure relief device requirements of Sec.  63.691(c)(3) and (4) apply 
in addition to the requirements of Sec.  63.169 or of 40 CFR 61.242-8, 
as applicable, for pressure relief devices in liquid service.
    (c) Requirements for pressure relief devices. Except as provided in 
paragraph (c)(4) of this section, the owner or operator must comply with 
the requirements specified in paragraphs (c)(1) through (3) of this 
section for pressure relief devices in off-site material service.
    (1) Operating requirements. Except during a pressure release event, 
operate each pressure relief device in gas/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.
    (2) Pressure release requirements. For pressure relief devices in 
gas/vapor service, the owner or operator must comply with either 
paragraph (c)(2)(i) or (ii) of this section following a pressure 
release, as applicable.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, the pressure relief device shall be returned to a 
condition indicated by an instrument reading of less than 500 ppm above 
background, as detected by Method 21 of 40 CFR part 60, appendix A, no 
later than 5 calendar days after the pressure release device returns to 
off-site material service following a pressure release, except as 
provided in Sec.  63.171.
    (ii) If the pressure relief device consists of or includes a rupture 
disk, except as provided in Sec.  63.171, install a replacement disk as 
soon as practicable but no later than 5 calendar days after the pressure 
release.
    (3) Pressure release management. Except as provided in paragraph 
(c)(4) of this section, emissions of HAP listed in Table 1 of this 
subpart may not be discharged directly to the atmosphere from pressure 
relief devices in off-site material service, and according to the date 
an affected source commenced construction or reconstruction and the date 
an affected source receives off-site material for the first time, as 
established in Sec.  63.680(e)(1)(i) through (iii), the owner or 
operator must comply with the requirements specified in paragraphs 
(c)(3)(i) and (ii) of this section for all pressure relief devices in 
off-site material service, except that containers are not subject to the 
obligations in paragraph (c)(3)(i) of this section.
    (i) The owner or operator must equip each pressure relief device in 
off-site material service with a device(s) or use a monitoring system. 
The device or monitoring system may be either specific to the pressure 
release device

[[Page 191]]

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 or monitoring systems include, but are not 
limited to, a rupture disk indicator, magnetic sensor, motion detector 
on the pressure relief valve stem, flow monitor, pressure monitor, or 
parametric monitoring system. The devices or monitoring systems must be 
capable of meeting the requirements specified in paragraphs (c)(3)(i)(A) 
through (C) of this section.
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is 
occurring.
    (ii) If any pressure relief device in off-site material service 
releases directly to the atmosphere as a result of a pressure release 
event, the owner or operator must calculate the quantity of HAP listed 
in Table 1 of this subpart released during each pressure release event 
and report this quantity as required in Sec.  63.697(b)(5). Calculations 
may be based on data from the pressure relief device monitoring alone or 
in combination with process parameter monitoring data and process 
knowledge. For containers, the calculations may be based on process 
knowledge and information alone.
    (4) Pressure relief devices routed to a drain system, fuel gas 
system, process or control device. If a pressure relief device in off-
site material service is designed and operated to route all pressure 
releases through a closed vent system to a drain system, fuel gas 
system, process or control device, paragraphs (c)(1), (2), and (3) of 
this section do not apply. The fuel gas system or closed vent system and 
the process or control device (if applicable) must meet the requirements 
of Sec.  63.693. The drain system (if applicable) must meet the 
requirements of Sec.  63.689.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 80 
FR 14275, Mar. 18, 2015; 83 FR 3992, Jan. 29, 2018]



Sec.  63.692  [Reserved]



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

    (a) The provisions of this section apply to closed-vent systems and 
control devices used to control air emissions for which another standard 
references the use of this section for such air emission control.
    (b) For each closed-vent system and control device used to comply 
with this section, the owner or operator shall meet the following 
requirements:
    (1) The owner or operator must use a closed-vent system that meets 
the requirements specified in paragraph (c) of this section.
    (2) The owner or operator must use a control device that meets the 
requirements specified in paragraphs (d) through (h) of this section as 
applicable to the type and design of the control device selected by the 
owner or operator to comply with the provisions of this section.
    (3) Whenever gases or vapors containing HAP are routed from a tank 
through a closed-vent system connected to a control device used to 
comply with the requirements of Sec.  63.685(b)(1), (2), or (3), the 
control device must be operating except as provided for in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) The control device may only be bypassed for the purpose of 
performing planned routine maintenance of the closed-vent system or 
control device in situations when the routine maintenance cannot be 
performed during periods that tank emissions are vented to the control 
device.
    (ii) On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance shall not 
exceed 240 hours per each calendar year.
    (4) The owner or operator must inspect and monitor each closed-vent 
system in accordance with the requirements specified in either paragraph 
(b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator inspects and monitors the closed-vent 
system in accordance with the requirements specified in Sec.  63.695(c) 
of this subpart, and complies with the applicable recordkeeping 
requirements in Sec.  63.696 of this

[[Page 192]]

subpart and the applicable reporting requirements in Sec.  63.697 of 
this subpart.
    (ii) As an alternative to meeting the requirements specified in 
paragraph (b)(4)(i) of this section, the owner or operator may choose to 
inspect and monitor the closed-vent system in accordance with the 
requirements under 40 CFR part 63, subpart H--National Emission 
Standards for Organic Hazardous Air Pollutants for Equipment Leaks as 
specified in 40 CFR 63.172(f) through (h), and complies with the 
applicable recordkeeping requirements in 40 CFR 63.181 and the 
applicable reporting requirements in 40 CFR 63.182.
    (5) The owner or operator must monitor the operation of each control 
device in accordance with the requirements specified in paragraphs (d) 
through (h) of this section as applicable to the type and design of the 
control device selected by the owner or operator to comply with the 
provisions of this section.
    (6) The owner or operator shall maintain records for each control 
device in accordance with the requirements of Sec.  63.696 of this 
subpart.
    (7) The owner or operator shall prepare and submit reports for each 
control device in accordance with the requirements of Sec.  63.697 of 
this subpart.
    (8) In the case when an owner or operator chooses to use a design 
analysis to demonstrate compliance of a control device with the 
applicable performance requirements specified in this section as 
provided for in paragraphs (d) through (g) of this section, the 
Administrator may require that the design analysis be revised or amended 
by the owner or operator to correct any deficiencies identified by the 
Administrator. If the owner or operator and the Administrator do not 
agree on the acceptability of using the design analysis (including any 
changes required by the Administrator) to demonstrate that the control 
device achieves the applicable performance requirements, then the 
disagreement must be resolved using the results of a performance test 
conducted by the owner or operator in accordance with the requirements 
of Sec.  63.694(l). The Administrator may choose to have an authorized 
representative observe the performance test conducted by the owner or 
operator. Should the results of this performance test not agree with the 
determination of control device performance based on the design 
analysis, then the results of the performance test will be used to 
establish compliance with this subpart.
    (c) Closed-vent system requirements.
    (1) The vent stream required to be controlled shall be conveyed to 
the control device by either of the following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no 
detectable organic emissions using the procedure specified in Sec.  
63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure 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 control device is 
operating.
    (2) In situations when the closed-vent system includes bypass 
devices that could be used to divert a vent stream from the closed-vent 
system to the atmosphere at a point upstream of the control device 
inlet, each bypass device must be equipped with either a flow indicator 
as specified in paragraph (c)(2)(i) of this section or a seal or locking 
device as specified in paragraph (c)(2)(ii) of this section, except as 
provided for in paragraph (c)(2)(iii) of this section:
    (i) If a flow indicator is used, the indicator must be installed at 
the entrance to the bypass line used to divert the vent stream from the 
closed-vent system to the atmosphere. The flow indicator must indicate a 
reading at least once every 15 minutes. The owner or operator must 
maintain records of the following information: hourly records of whether 
the flow indicator was operating and whether flow was detected at any 
time during the hour; and records of all periods when flow is detected 
or the flow indicator is not operating.
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on

[[Page 193]]

the mechanism by which the bypass device position is controlled (e.g., 
valve handle, damper lever) when the bypass device is in the closed 
position such that the bypass device cannot be opened without breaking 
the seal or removing the lock. Examples of such devices include, but are 
not limited to, a car-seal or a lock-and-key configuration valve.
    (iii) Equipment needed for safety reasons, including low leg drains, 
open-ended valves and lines not in emergency shutdown systems, and 
pressure relief devices subject to the requirements of Sec.  63.691(c) 
are not subject to the requirements of paragraphs (c)(2)(i) and (ii) of 
this section.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system must achieve the performance 
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this 
section.
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total HAP 
listed in Table 1 of this subpart contained in the vent stream entering 
the carbon adsorption system.
    (2) The owner or operator must demonstrate that the carbon 
adsorption system achieves the performance requirements in paragraph 
(d)(1) of this section by either performing a performance test as 
specified in paragraph (d)(2)(i) of this section or a design analysis as 
specified in paragraph (d)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B) 
of this section as applicable to the carbon adsorption system design.
    (A) For a regenerable carbon adsorption system, the design analysis 
shall address the vent stream composition, constituent concentrations, 
flow rate, relative humidity, and temperature and shall establish the 
design exhaust vent stream organic compound concentration, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration steam flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of the 
carbon.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon 
canister), the design analysis shall address the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration, carbon bed capacity, activated carbon 
type and working capacity, and design carbon replacement interval based 
on the total carbon working capacity of the control device and emission 
point operating schedule.
    (3) The owner or operator must monitor the operation of the carbon 
adsorption system in accordance with the requirements of Sec.  63.695(e) 
using one of the continuous monitoring systems specified in paragraphs 
(d)(3)(i) through (iii) of this section. Monitoring the operation of a 
nonregenerable carbon adsorption system (e.g., a carbon canister) using 
a continuous monitoring system is not required when the carbon canister 
or the carbon in the control device is replaced on a regular basis 
according to the requirements in paragraph (d)(4)(iii) of this section.
    (i) For a regenerative-type carbon adsorption system:
    (A) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 percent; and
    (B) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual

[[Page 194]]

carbon bed temperature after regeneration and within 15 minutes of 
completing the cooling cycle. The accuracy of the temperature monitoring 
device must be 1 percent of the temperature being 
measured, expressed in degrees Celsius or 5 
[deg]C, whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the 
carbon adsorption system, as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system. The provisions of 
this paragraph (d)(4)(i) do not apply to a nonregenerable carbon 
adsorption system (e.g., a carbon canister) for which the carbon 
canister or the carbon in the control device is replaced on a regular 
basis according to the requirements in paragraph (d)(4)(iii) of this 
section.
    (ii) The spent carbon removed from the carbon adsorption system must 
be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emission standard for hazardous air pollutants under another 
subpart in 40 CFR part 63 or 40 CFR part 61.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator for which the owner or 
operator has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace for which the owner or 
operator has designed and operates the unit in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) As an alternative to meeting the requirements in paragraphs 
(d)(3) and (d)(4)(i) of this section, an owner or operator of a 
nonregenerable carbon adsorption system may choose to replace on a 
regular basis the carbon canister or the carbon in the control device 
using the procedures in either paragraph (d)(4)(iii)(A) or 
(d)(4)(iii)(B) of this section. For the purpose of complying with this 
paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a 
carbon adsorption system that does not regenerate the carbon bed 
directly onsite in the control device, such as a carbon canister. The 
spent carbon removed from the nonregenerable carbon adsorption system 
must be managed according to the requirements in paragraph (d)(4)(ii) of 
this section.
    (A) Monitor the concentration level of the organic compounds in the 
exhaust vent from the carbon adsorption system on a regular schedule, 
and when carbon breakthrough is indicated, immediately replace either 
the existing carbon canister with a new carbon canister or replace the 
existing carbon in the control device with fresh carbon.

[[Page 195]]

Measurement of the concentration level of the organic compounds in the 
exhaust vent stream must be made with a detection instrument that is 
appropriate for the composition of organic constituents in the vent 
stream and is routinely calibrated to measure the organic concentration 
level expected to occur at breakthrough. The monitoring frequency must 
be daily or at an interval no greater than 20 percent of the time 
required to consume the total carbon working capacity established as a 
requirement of paragraph (d)(2)(ii)(B) of this section, whichever is 
longer.
    (B) Replace either the existing carbon canister with a new carbon 
canister or replace the existing carbon in the control device with fresh 
carbon at a regular, predetermined time interval that is less than the 
design carbon replacement interval established as a requirement of 
paragraph (d)(2)(ii)(B) of this section.
    (e) Condenser control device requirements.
    (1) The condenser must achieve the performance specifications in 
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP, listed in Table 1 of this subpart, contained in the vent stream 
entering the condenser.
    (2) The owner or operator must demonstrate that the condenser 
achieves the performance requirements in paragraph (e)(1) of this 
section by either performing a performance test as specified in 
paragraph (e)(2)(i) of this section or a design analysis as specified in 
paragraph (e)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance tests to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature; and specification of the design outlet organic compound 
concentration level, design average temperature of the condenser exhaust 
vent stream, and the design average temperatures of the coolant fluid at 
the condenser inlet and outlet.
    (3) The owner or operator must monitor the operation of the 
condenser in accordance with the requirements of Sec.  63.695(e) of this 
subpart using one of the continuous monitoring systems specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average temperature of the exhaust gases from the control 
device. The accuracy of the temperature monitoring device shall be 
1 percent of the temperature being measured, 
expressed in degrees Celsius or 5 [deg]C, 
whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator must achieve the performance 
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) 
of this section.
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream entering the vapor incinerator 
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the TOC, 
less methane and ethane, of less than or equal to 20 ppmv on a dry basis 
corrected to 3 percent oxygen.

[[Page 196]]

    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the HAP, 
listed in Table 1 of this subpart, of less than or equal to 20 ppmv on a 
dry basis corrected to 3 percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion 
chamber at a residence time of 0.5 seconds or longer and at a 
temperature of 760[deg]C or higher.
    (2) The owner or operator must demonstrate that the vapor 
incinerator achieves the performance requirements in paragraph (f)(1) of 
this section by conducting either a performance test as specified in 
paragraph (f)(2)(i) of this section or a design analysis as specified in 
paragraph (f)(2)(ii) of this section, except as provided for in 
paragraph (f)(2)(iii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section as applicable to the vapor incinerator design.
    (A) For a thermal vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures in the combustion chamber and the combustion chamber 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet, and the design 
service life of the catalyst.
    (iii) An owner or operator is not required to conduct a performance 
test or design analysis if the incinerator has been issued a final 
permit under 40 CFR part 270 and complies with the requirements of 40 
CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O.
    (3) The owner or operator must monitor the operation of the vapor 
incinerator in accordance with the requirements of Sec.  63.695(e) of 
this subpart using one of the continuous monitoring systems specified in 
paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to 
the type of vapor incinerator used.
    (i) For a thermal vapor incinerator, a continuous parameter 
monitoring system to measure and record the daily average temperature of 
the exhaust gases from the control device. The accuracy of the 
temperature monitoring device must be 1 percent of 
the temperature being measured, expressed in degrees Celsius of 0.5 [deg]C, whichever is greater.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device capable of monitoring temperature at two locations equipped with 
a continuous recorder. One temperature sensor shall be installed in the 
vent stream at the nearest feasible point to the catalyst bed inlet and 
a second temperature sensor shall be installed in the vent stream at the 
nearest feasible point to the catalyst bed outlet.
    (iii) For either type of vapor incinerator, a continuous monitoring 
system to measure and record the daily average concentration of organic 
compounds in the exhaust vent stream from the control device. The 
organic monitoring system must comply either with Performance 
Specification 8 or 9 in 40 CFR part 60, appendix B. The relative 
accuracy provision of Performance Specification 8, Sections 2.4 and 3 
need not be conducted.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon 
approval of the Administrator as specified in 40 CFR 63.8(f)(1) through 
(f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater must achieve the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii),

[[Page 197]]

(g)(1)(iii), (g)(1)(iv), or (g)(1)(v) of this section.
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream introduced into the flame zone of 
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the TOC, less methane and ethane, of less than or 
equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the HAP, listed in Table 1 of the subpart, of less 
than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen.
    (iii) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 
760[deg]C or higher.
    (iv) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for 
which the owner or operator either has been issued a final permit under 
40 CFR part 270 and complies with the requirements of 40 CFR part 266, 
subpart H; or has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H; or has submitted a 
Notification of Compliance under Sec. Sec.  63.1207(j) and 63.1210(d) 
and complies with the requirements of subpart EEE of this part at all 
times (including times when non-hazardous waste is being burned).
    (2) The owner or operator must demonstrate that the boiler or 
process heater achieves the performance specifications in paragraph 
(g)(1) of this section chosen by the owner or operator using the 
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this 
section.
    (i) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(i), (ii), or (iii) of this 
section, the owner or operator must demonstrate compliance with the 
applicable performance specifications by conducting either a performance 
test as specified in paragraph (g)(2)(i)(A) of this section or a design 
analysis as specified in paragraph (g)(2)(i)(B) of this section, except 
as provided for in paragraph (g)(2)(i)(C) of this section.
    (A) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (B) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, and flow rate; specification of the design 
minimum and average flame zone temperatures and combustion zone 
residence time; and description of the method and location by which the 
vent stream is introduced into the flame zone.
    (C) An owner or operator is not required to conduct a performance 
test or design analysis if the boiler or process heater has been issued 
a final permit under 40 CFR part 270 and complies with the requirements 
of 40 CFR part 266, subpart H; or has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (ii) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this 
section, the owner or operator must demonstrate compliance by 
maintaining the records that document that the boiler or process heater 
is designed and operated in accordance with the applicable requirements 
of this section.
    (3) For a boiler or process heater complying with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must monitor the operation of a 
boiler or process heater in accordance with the requirements of Sec.  
63.695(e) of this subpart using

[[Page 198]]

one of the continuous monitoring systems specified in paragraphs 
(g)(3)(i) through (g)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average combustion zone temperature. The accuracy of the 
temperature sensor must be 1 percent of the 
temperature being measured, expressed in degrees Celsius or 0.5 [deg]C, whichever is greater;
    (ii) A continuous monitoring system to measure and record the daily 
average concentration of organic compounds in the exhaust vent stream 
from the control device. The organic monitoring system must comply 
either with Performance Specification 8 or 9 in 40 CFR part 60, appendix 
B. The relative accuracy provision of Performance Specification 8, 
Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (g)(3)(i) 
or (g)(3)(ii) of this section upon approval of the Administrator as 
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
    (h) Flare control device requirements.
    (1) The flare must be designed and operated in accordance with the 
requirements in 40 CFR 63.11(b).
    (2) The owner or operator must demonstrate that the flare achieves 
the requirements in paragraph (h)(1) of this section by performing the 
procedures specified in paragraph (h)(2)(i) of this section. A previous 
compliance demonstration for the flare that meets all of the conditions 
specified in paragraph (h)(2)(ii) of this section may be used by an 
owner or operator to demonstrate compliance with this paragraph (h)(2).
    (i) To demonstrate that a flare achieves the requirements in 
paragraph (h)(1) of this section, the owner or operator performs all of 
the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C) 
of this section.
    (A) The owner or operator conducts a visible emission test for the 
flare in accordance with the requirements specified in 40 CFR 
63.11(b)(4).
    (B) The owner or operator determines the net heating value of the 
gas being combusted in the flare in accordance with the requirements 
specified in 40 CFR 63.11(b)(6); and
    (C) The owner or operator determines the flare exit velocity in 
accordance with the requirements applicable to the flare design as 
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
    (ii) A previous compliance demonstration for the flare may be used 
by an owner or operator to demonstrate compliance with paragraph (h)(2) 
of this section provided that all conditions for the compliance 
determination and subsequent flare operation are met as specified in 
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
    (A) The owner or operator conducted the compliance determination 
using the procedures specified in paragraph (h)(2)(i) of this section.
    (B) No flare operating parameter or process changes have occurred 
since completion of the compliance determination which could affect the 
compliance determination results.
    (3) The owner or operator must monitor the operation of the flare 
using a heat sensing monitoring device (including but not limited to a 
thermocouple, ultraviolet beam sensor, or infrared sensor) that 
continuously detects the presence of a pilot flame. The owner or 
operator must record, for each 1-hour period, whether the monitor was 
continuously operating and whether a pilot flame was continuously 
present during each hour as required in Sec.  63.696(b)(3) of this 
subpart.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 68 
FR 37351, June 23, 2003; 80 FR 14276, Mar. 18, 2015]



Sec.  63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures 
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site 
material streams at the point-of-delivery for compliance with standards 
specified Sec.  63.683 of this subpart, the testing methods and 
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with 
standards specified Sec.  63.684 of this subpart, the testing

[[Page 199]]

methods and procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit 
(CR) for compliance with standards specified Sec.  63.684 of 
this subpart, the testing methods and procedures are specified in 
paragraph (d) of this section.
    (4) To determine treatment process required HAP removal rate (RMR) 
for compliance with standards specified Sec.  63.684 of this subpart, 
the testing methods and procedures are specified in paragraph (e) of 
this section.
    (5) To determine treatment process actual HAP removal rate (MR) for 
compliance with standards specified Sec.  63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (f) of this 
section.
    (6) To determine treatment process required HAP reduction efficiency 
(R) for compliance with standards specified in Sec.  63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(g) of this section.
    (7) To determine treatment process required HAP biodegradation 
efficiency (Rbio) for compliance with standards specified in 
Sec.  63.684 of this subpart, the testing methods and procedures are 
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal 
rate (MRbio) for compliance with standards specified inSec.  
63.684 of this subpart, the testing methods and procedures are specified 
in paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site 
materials in tanks for compliance with the standards specified in Sec.  
63.685 of this subpart, the testing methods and procedures are specified 
in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing 
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance 
for compliance with the standards specified in Sec.  63.693 of this 
subpart, the testing methods and procedures are specified in paragraph 
(l) of this section.
    (12) To determine process vent stream flow rate and total organic 
HAP concentration for compliance with the standards specified in Sec.  
63.693 of this subpart, the testing methods and procedures are specified 
in paragraph (m) of this section.
    (b) Testing methods and procedures to determine average VOHAP 
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the 
point-of-delivery shall be determined using either direct measurement as 
specified in paragraph (b)(2) of this section or by knowledge as 
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration--(i) 
Sampling. Samples of the off-site material stream shall be collected 
from the container, pipeline, or other device used to deliver the off-
site material stream to the plant site in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the source or process generating the off-site material 
stream. Examples of such normal variations are seasonal variations in 
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss

[[Page 200]]

of organics occurs throughout the sample collection and handling process 
and by which sample integrity is maintained. A copy of the written 
sampling plan shall be maintained on-site in the plant site operating 
records. An example of an acceptable sampling plan includes a plan 
incorporating sample collection and handling procedures in accordance 
with the requirements specified in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846 or Method 
25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample must be prepared and analyzed 
in accordance with one of the following methods as applicable to the 
sampled off-site material for the purpose of measuring the HAP listed in 
Table 1 of this subpart:
    (A) Method 305 in 40 CFR part 63, appendix A.
    (B) Method 25D in 40 CFR part 60, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of 
using this method to comply with this subpart, the owner or operator 
must perform corrections to these compounds based on the ``accuracy as 
recovery'' using the factors in Table 7 of the method. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (E) Method 1624 in 40 CFR part 136, appendix A.
    (F) Method 1625 in 40 CFR part 136, appendix A.
    (G) Method 8260 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 8260 approved by the EPA. For the purpose of using 
Method 8260 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with section 8 of 
Method 8260, and this program must include the following elements 
related to measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (H) Method 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 8270 approved by the EPA. For the purpose of using 
Method 8270 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with Method 8270, 
and this program must include the following elements related to 
measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.

[[Page 201]]

    (I) Any other analysis method that has been validated in accordance 
with the procedures specified in section 5.1 and section 5.3 and the 
corresponding calculations in section 6.1 or section 6.3 of Method 301 
in appendix A in 40 CFR part 63. The data are acceptable if they meet 
the criteria specified in section 6.1.5 or section 6.3.3 of Method 301. 
If correction is required under section 6.3.3 of Method 301, the data 
are acceptable if the correction factor is within the range of 0.7 to 
1.30. Other sections of Method 301 are not required.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(2)(ii) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR08JA01.000

Where:

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

    (3) Knowledge of the off-site material to determine VOHAP 
concentration.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of 
information that may be used as the basis for knowledge include: 
material balances for the source or process generating the off-site 
material stream; species-specific chemical test data for the off-site 
material stream from previous testing that are still applicable to the 
current off-site material stream; previous test data for other locations 
managing the same type of off-site material stream; or other knowledge 
based on information in documents such as manifests, shipping papers, or 
waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VOHAP concentration. 
For example, an owner or operator may use HAP concentration test data 
for the off-site material stream that are validated in accordance with 
Method 301 in 40 CFR part 63, appendix A of this part as the basis for 
knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the off-site 
material may adjust the test data to the corresponding average VOHAP 
concentration value which would be obtained had the off-site material 
samples been analyzed using Method 305. To adjust these data, the 
measured concentration for each individual HAP chemical species 
contained in the off-site material is multiplied by the appropriate 
species-specific adjustment factor (fm305) listed in Table 1 
of this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for an 
off-site material stream using knowledge, then the results from a 
determination of VOHAP concentration using direct measurement as 
specified in paragraph (b)(2) of this section shall be used to establish 
compliance with the applicable requirements of this subpart. The 
Administrator may perform or require that the owner or operator perform

[[Page 202]]

this determination using direct measurement.
    (c) Determination of average VOHAP concentration of an off-site 
material stream at the point-of-treatment.
    (1) Sampling. Samples of the off-site material stream shall be 
collected at the point-of-treatment in a manner such that volatilization 
of organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
    (i) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (ii) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the treatment process. Examples of such normal variations 
are seasonal variations in off-site material quantity or fluctuations in 
ambient temperature.
    (iii) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed in 
accordance with one of the methods specified in paragraphs (b)(2)(ii)(A) 
through (b)(2)(ii)(I) of this section, as applicable to the sampled off-
site material, for the purpose of measuring the HAP listed in Table 1 of 
this subpart.
    (3) Calculations. The average VOHAP concentration (C) a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (c)(2) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001

Where:

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

    (d) Determination of treatment process VOHAP concentration limit 
(CR). (1) All of the off-site material streams entering the 
treatment process shall be identified.
    (2) The average VOHAP concentration of each off-site material stream 
at the point-of-delivery shall be determined using the procedures 
specified in paragraph (b) of this section.

[[Page 203]]

    (3) The VOHAP concentration limit (CR) shall be 
calculated by using the results determined for each individual off-site 
material stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.039

where:

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

    (e) Determination of required HAP mass removal rate (RMR).
    (1) Each individual stream containing HAP that enters the treatment 
process shall be identified.
    (2) The average VOHAP concentration at the point-of-delivery for 
each stream identified in paragraph (e)(1) of this section shall be 
determined using the test methods and procedures specified in paragraph 
(b) of this section.
    (3) For each stream identified in paragraph (e)(1) of this section 
that has an average VOHAP concentration equal to or greater than 500 
ppmw at the point-of-delivery, the average volumetric flow rate and the 
density of the off-site material stream at the point-of-delivery shall 
be determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by 
using the average VOHAP concentration, average volumetric flow rate, and 
density determined in paragraph (e)(3) of this section for each stream 
and the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002

Where:

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

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

MR = Eb-Ea

where:

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

[[Page 204]]

    Ea = HAP mass flow exiting process as determined in 
paragraph (f)(2) of this section, kg/hr.

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

Where:

Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run 
          ``j'', kg/hr.
Qaj = Average mass quantity of material exiting process 
          during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting process 
          during run ``j'' as determined in Sec.  63.694(c), ppmw.
Cbj = Average VOHAP concentration of material entering 
          process during run ``j'' as determined in Sec.  63.694(b)(2), 
          ppmw.

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

Where:

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

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

Rbio-Fbio x 100

where:

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

    (i) Determination of actual HAP mass removal rate 
(MRbio). (1) The actual HAP mass removal rate 
(MRbio) shall be determined based on results for a minimum of 
three consecutive runs. The sampling time for each run shall be at least 
1 hour.
    (2) The HAP mass flow entering the process (Eb) shall be 
determined using

[[Page 205]]

the test methods and procedures specified in paragraphs (g)(2) through 
(g)(4) of this section.
    (3) The fraction of HAP biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this part.
    (4) The actual mass removal rate shall be calculated by using the 
HAP mass flow rates and fraction of HAP biodegraded determined in 
paragraphs (i)(2) and (i)(3), respectively, of this section and the 
following equation:

MRbio = E\b\ x Fbio

Where:

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

    (j) Determination of maximum HAP vapor pressure for off-site 
material in a tank. (1) The maximum HAP vapor pressure of the off-site 
material composition managed in a tank shall be determined using either 
direct measurement as specified in paragraph (j)(2) of this section or 
by knowledge of the off-site material as specified by paragraph (j)(3) 
of this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure 
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the off-site material contained in the tank. All 
samples shall be collected and handled in accordance with written 
procedures prepared by the owner or operator and documented in a site 
sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material is collected such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
off-site material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 2517, 
``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or
    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of 
the off-site material. Documentation shall be prepared and recorded that 
presents the information used as the basis for the owner's or operator's 
knowledge that the maximum HAP vapor pressure of the off-site material 
is less than the maximum vapor pressure limit listed in Table 3, Table 
4, or Table 5 of this subpart for the applicable tank design capacity 
category. Examples of information that may be used include: the off-site 
material is generated by a process for which at other locations it 
previously has been determined by direct measurement that the off-site 
material maximum HAP vapor pressure is less than the maximum vapor 
pressure limit for the appropriate tank design capacity category. In the 
event that the Administrator and the owner or operator disagree on a 
determination of the maximum HAP vapor pressure for an off-site material 
stream using knowledge, then the results from a determination of HAP 
vapor pressure using direct measurement as specified in paragraph (j)(2) 
of this section shall be used to establish compliance with the 
applicable requirements of this subpart. The Administrator may perform 
or require that the owner or operator perform this determination using 
direct measurement.
    (k) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor

[[Page 206]]

leakage could occur) on the cover and associated closure devices shall 
be checked. Potential leak interfaces that are associated with covers 
and closure devices include, but are not limited to: the interface of 
the cover and its foundation mounting; the periphery of any opening on 
the cover and its associated closure device; and the sealing seat 
interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the materials expected to be managed in the unit. 
During the test, the cover and closure devices shall be secured in the 
closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 8.1.1 of Method 21 shall be for the weighted 
average composition of the organic constituents in the material placed 
in the unit at the time of monitoring, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (k)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (k)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (k)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (k)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration

[[Page 207]]

value determined in paragraph (k)(8) is less than 10,000 ppmv.
    (l) Control device performance test procedures. Performance tests 
shall be based on representative performance (i.e., performance based on 
normal operating conditions) and shall exclude periods of startup and 
shutdown unless specified by the Administrator. 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 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the inlet and 
outlet of the control device.
    (i) To determine compliance with a control device percent reduction 
requirement, sampling sites shall be located at the inlet of the control 
device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this 
section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as an 
auxiliary fuel into a boiler or process heater, the location of the 
inlet sampling sites shall be selected to ensure that the measurement of 
total HAP concentration or TOC concentration, as applicable, includes 
all vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device 
concentration limit, the sampling site shall be located at the outlet of 
the device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent 
reduction requirement, the owner or operator shall use Method 18 of 40 
CFR part 60, appendix A to measure the HAP in Table 1 of this subpart or 
Method 25A of 40 CFR part 60, appendix A to measure TOC. Method 18 may 
be used to measure methane and ethane, and the measured concentration 
may be subtracted from the Method 25A measurement. Alternatively, any 
other method or data that has been validated according to the applicable 
procedures in Method 301 in appendix A of this part may be used. The 
following procedures shall be used to calculate percent reduction 
efficiency:
    (i) A minimum of three sample runs must be performed. The minimum 
sampling time for each run shall be 1 hour. For Method 18, either an 
integrated sample or a minimum of four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time such as 15 minute intervals during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei and Eo ,respectively) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR08JA01.001
    
Where:

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


[[Page 208]]


    (B) When the TOC mass rate is calculated, the average concentration 
reading (minus methane and ethane) measured by Method 25A of 40 CFR part 
60, appendix A shall be used in the equation in paragraph (l)(3)(ii)(A) 
of this section.
    (C) When the total HAP mass rate is calculated, only the HAP 
constituents shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

where:

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

    (iv) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across 
the device shall be determined by comparing the TOC (minus methane and 
ethane) or total HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total HAP 
exiting the device, respectively.
    (4) To determine compliance with the enclosed combustion device 
total HAP concentration limit of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A to measure the total 
HAP in Table 1 of this subpart or Method 25A of 40 CFR part 60, appendix 
A to measure TOC. Method 18 may be used to measure methane and ethane 
and the measured concentration may be subtracted from the Method 25A 
measurement. Alternatively, any other method or data that has been 
validated according to Method 301 in appendix A of this part, may be 
used. The following procedures shall be used to calculate parts per 
million by volume concentration, corrected to 3 percent oxygen:
    (i) A minimum of three sample runs must be performed. The minimum 
sampling time for each run shall be 1 hour. For Method 18, either an 
integrated sample or a minimum of four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15 minute intervals during the run.
    (ii) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this 
section.
    (A) The TOC concentration (CTOC) is the average 
concentration readings provided by Method 25 A of 40 CFR part 60, 
appendix A, minus the concentration of methane and ethane.
    (B) The total HAP concentration (CHAP) shall be computed 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18MR15.000

where:
CHAP = Total concentration of HAP compounds listed in Table 1 
          of this subpart, dry basis, parts per million by volume.
Cij = 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.

    (iii) The measured TOC concentration or total HAP concentration 
shall be corrected to 3 percent oxygen as follows:

[[Page 209]]

    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2dry). Alternatively, the owner or operator may use Method 
3A of 40 CFR part 60, appendix A to determine the oxygen concentration. 
The samples shall be collected during the same time that the samples are 
collected for determining TOC concentration or total HAP concentration.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:

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

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

Where:

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

[61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999; 66 
FR 1267, Jan. 8, 2001; 80 FR 14277, Mar. 18, 2015]



Sec.  63.695  Inspection and monitoring requirements.

    (a) The owner or operator must install, calibrate, maintain, and 
operate all monitoring system components according to Sec. Sec.  63.8, 
63.684(e), 63.693(d)(3), (e)(3), (f)(3), (g)(3), and (h)(3), and 
paragraph (a)(5) of this section and perform the inspection and 
monitoring procedures specified in paragraphs (a)(1) through (4) of this 
section.
    (1) To inspect tank fixed roofs and floating roofs for compliance 
with the Tank Level 2 controls standards specified in Sec.  63.685 of 
this subpart, the inspection procedures are specified in paragraph (b) 
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with 
the standards specified in Sec.  63.693 of this subpart, the inspection 
and monitoring procedures are specified in paragraph (c) of this 
section.
    (3) To inspect and monitor transfer system covers for compliance 
with the standards specified in Sec.  63.689(c)(1) of

[[Page 210]]

this subpart, the inspection and monitoring procedures are specified in 
paragraph (d) of this section.
    (4) To monitor and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), the monitoring 
procedures are specified in paragraph (e) of this section.
    (5)(i) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
the owner or operator must operate the continuous monitoring system 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 data. Monitoring system 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. The owner or operator is required to 
complete monitoring system repairs in response to monitoring system 
malfunctions and to return the monitoring system to operation as 
expeditiously as practicable.
    (ii) The owner or operator may not use data recorded during 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, or required monitoring system quality assurance or 
control activities in calculations used to report emissions or operating 
levels. The owner or operator must use all the data collected during all 
other required data collection periods in assessing the operation of the 
control device and associated control system. The owner or operator must 
report any periods for which the monitoring system failed to collect 
required data.
    (b) Tank Level 2 fixed roof and floating roof inspection 
requirements.
    (1) Owners and operators that use a tank equipped with an internal 
floating roof in accordance with the provisions of Sec.  63.685(e) of 
this subpart shall meet the following inspection requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, the 
internal floating roof is not floating on the surface of the liquid 
inside the tank; liquid has accumulated on top of the internal floating 
roof; any portion of the roof seals have detached from the roof rim; 
holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the waste surfaces from the atmosphere; or 
the slotted membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided for in paragraph (b)(1)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every calendar year after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years. Prior to each inspection, the owner or operator 
shall notify the Administrator in accordance with the reporting 
requirements specified in Sec.  63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in 
paragraph (b)(1)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years. Prior to each inspection, the owner or operator shall 
notify the Administrator in accordance with the reporting requirements 
specified in Sec.  63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.

[[Page 211]]

    (2) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec.  63.685(f) of 
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec.  63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every year. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec.  63.697 of this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1 
year or more, subsequent introduction of off-site material into the tank 
shall be considered an initial operation for the purposes of paragraphs 
(b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the 
primary seal and in the secondary seal individually using the following 
procedure.
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) (\1/8\-
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the tank and measure 
the circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for the seal type as specified in Sec.  63.685(f)(1) of this 
subpart.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in Sec.  63.685(f)(1) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to: holes, 
tears, or other openings in the rim seal or seal fabric of the floating 
roof; a rim seal detached from the floating roof; all or a portion of 
the floating roof deck being submerged below the surface of the liquid 
in the tank; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (B) The owner or operator shall perform the inspections following 
installation of the external floating roof and, thereafter, at least 
once every year.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in

[[Page 212]]

accordance with the requirements specified in Sec.  63.696(d) of this 
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec.  63.685(g) of this subpart 
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices. In the case when a tank is 
buried partially or entirely underground, inspection is required only 
for those portions of the cover that extend to or above the ground 
surface, and those connections that are on such portions of the cover 
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened 
to the atmosphere.
    (ii) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696(e) of this 
subpart.
    (4) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(b)(1), (b)(2), or (b)(3) of this section in the following manner:
    (i) The owner or operator shall within 45 calendar days of detecting 
the defect either repair the defect or empty the tank and remove it from 
service. If within this 45-day period the defect cannot be repaired or 
the tank cannot be removed from service without disrupting operations at 
the plant site, the owner or operator is allowed two 30-day extensions. 
In cases when an owner or operator elects to use a 30-day extension, the 
owner or operator shall prepare and maintain documentation describing 
the defect, explaining why alternative storage capacity is not 
available, and specify a schedule of actions that will ensure that the 
control equipment will be repaired or the tank emptied as soon as 
possible.
    (ii) When a defect is detected during an inspection of a tank that 
has been emptied and degassed, the owner or operator shall repair the 
defect before refilling the tank.
    (c) Owners and operators that use a closed-vent system in accordance 
with the provisions of Sec.  63.693 of this subpart shall meet the 
following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with Sec.  
63.693(c)(1)(i) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the 
closed-vent system components and connections using the procedures 
specified in Sec.  63.694(k) of this subpart to demonstrate that the 
closed-vent system operates with no detectable organic emissions.
    (ii) After initial startup, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air emissions. The owner or operator shall monitor a 
component or connection using the procedures specified in Sec.  
63.694(k) of this subpart to demonstrate that it operates with no 
detectable organic emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is replaced 
with new hard piping) or the connection is unsealed (e.g., a flange is 
unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored 
at least once per year using the procedures

[[Page 213]]

specified in Sec.  63.694(k) of this subpart to demonstrate that 
components or connections operate with no detectable organic emissions.
    (C) The continuous monitoring system required by Sec.  
63.693(b)(4)(i) shall monitor and record either an instantaneous data 
value at least once every 15 minutes or an average value for intervals 
of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or closure 
mechanism required by Sec.  63.693(c)(2)(ii) at least once every month 
to verify that the bypass mechanism is maintained in the closed 
position.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec.  
63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with Sec.  
63.693(c)(1)(ii) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air emissions. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in ductwork or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the closed-vent system. Thereafter, the owner 
or operator must perform the inspections at least once every calendar 
year except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
either of the conditions specified in paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) occurs. In this case, the owner or operator must repair 
the defect the next time the process or unit that vents to the closed-
vent system is shutdown. Repair of the defect must be completed before 
the process or unit resumes operation.
    (A) Completion of the repair is technically infeasible without the 
shutdown of the process or unit that vents to the closed-vent system.
    (B) The owner or operator determines that the air emissions 
resulting from the repair of the defect within the specified period 
would be greater than the fugitive emissions likely to result by 
delaying the repair until the next time the process or unit that vents 
to the closed-vent system is shutdown.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.696 of 
this subpart.
    (d) Owners and operators that use a transfer system equipped with a 
cover in accordance with the provisions of Sec.  63.689(c)(1) of this 
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover sections or between the cover and its 
mounting; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices. In the case when a transfer system is buried 
partially or entirely underground, inspection is required only for those 
portions of the cover that extend to or above the ground surface, and 
those connections that are on such portions of the cover (e.g., access 
hatches, etc.) and can be opened to the atmosphere.
    (2) The owner or operator must perform an initial inspection 
following installation of the cover. Thereafter, the

[[Page 214]]

owner or operator must perform the inspections at least once every 
calendar year except as provided for in paragraph (f) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d)(5) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (5) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (d)(5)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the transfer system and no 
alternative transfer system is available at the site to accept the 
material normally handled by the system. In this case, the owner or 
operator shall repair the defect the next time the process or unit that 
is generating the material handled by the transfer system stops 
operation. Repair of the defect must be completed before the process or 
unit resumes operation.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.696 of 
this subpart.
    (e) Control device monitoring requirements. For each control device 
required under Sec.  63.693 to be monitored in accordance with the 
provisions of this paragraph (e), the owner or operator must ensure that 
each control device operates properly by monitoring the control device 
in accordance with the requirements specified in paragraphs (e)(1) 
through (5) of this section.
    (1) A continuous parameter monitoring system must be used to measure 
the operating parameter or parameters specified for the control device 
in Sec.  63.693(d) through Sec.  63.693(g) of this subpart as applicable 
to the type and design of the control device. The continuous parameter 
monitoring system must meet the following specifications and 
requirements:
    (i) The continuous parameter monitoring system must measure either 
an instantaneous value at least once every 15 minutes or an average 
value for intervals of 15 minutes or less and continuously record 
either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (ii) The monitoring system must be installed, calibrated, operated, 
and maintained in accordance with the manufacturer's specifications or 
other written procedures that provide reasonable assurance that the 
monitoring equipment is operating properly.
    (2) Using the data recorded by the monitoring system, the owner or 
operator must calculate the daily average value for each monitored 
operating parameter for each operating day. If operation of the control 
device is continuous, the operating day is a 24-hour period. If control 
device operation is not continuous, the operating day is the total 
number of hours of control device operation per 24-hour period. Valid 
data points must be available for 75 percent of the operating hours in 
an operating day to compute the daily average.
    (3) For each monitored operating parameter, the owner or operator 
must establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the control device must be operated to continuously 
achieve the applicable performance requirements specified in Sec.  
63.693(b)(2) of this subpart. Each minimum or maximum operating 
parameter value must be established in accordance with the requirements 
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.

[[Page 215]]

    (i) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on values measured 
during the performance test and supplemented, as necessary, by the 
control device design specifications, manufacturer recommendations, or 
other applicable information.
    (ii) If the owner or operator uses a control device design analysis 
to demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on the control 
device design analysis and supplemented, as necessary, by the control 
device manufacturer recommendations or other applicable information.
    (4) A deviation for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (e)(4)(i) through (iii) 
of this section being met. When multiple operating parameters are 
monitored for the same control device and during the same operating day 
more than one of these operating parameters meets a deviation criterion 
specified in paragraphs (e)(4)(i) through (iii) of this section, then a 
single deviation is determined to have occurred for the control device 
for that operating day.
    (i) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (e)(3) of this section.
    (ii) A deviation occurs when the period of control device operation 
is 4 hours or greater in an operating day and the monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours. Monitoring data are insufficient to constitute a 
valid hour of data if measured values are unavailable for any of the 15-
minute periods within the hour.
    (iii) A deviation occurs when the period of control device operation 
is less than 4 hours in an operating day and more than 1 of the hours 
during the period does not constitute a valid hour of data due to 
insufficient monitoring data. Monitoring data are insufficient to 
constitute a valid hour of data if measured values are unavailable for 
any of the 15-minute periods within the hour.
    (5) For each deviation, except when the deviation occurs during 
periods of non-operation of the unit or the process that is vented to 
the control device (resulting in cessation of HAP emissions to which the 
monitoring applies), 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.
    (f) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required

[[Page 216]]

inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[64 FR 38977, July 20, 1999, as amended at 68 FR 37352, June 23, 2003; 
71 FR 20457, Apr. 20, 2006; 80 FR 14278, Mar. 18, 2015]



Sec.  63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the recordkeeping requirements in Sec.  63.10 under 40 CFR 63 subpart 
A--General Provisions that are applicable to this subpart as specified 
in Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this 
subpart shall maintain the records in accordance with the requirements 
of 40 CFR 63.10 of this part.
    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to comply 
with the tank control requirements specified in Sec.  63.685(e) of this 
subpart or using an external floating roof to comply with the tank 
control requirements specified in Sec.  63.685(f) of this subpart shall 
prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the 
dimensions of the tank.
    (2) A record for each inspection required by Sec.  63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec.  63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec.  63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec.  63.685(f) of 
this subpart shall prepare and maintain records for each seal gap 
inspection required by Sec.  63.695(b) describing the results of the 
seal gap measurements. The records shall include the date of that the 
measurements are performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in Sec.  
63.695(b) of this subpart, the records shall include a description of 
the repairs that were made, the date the repairs were made, and the date 
the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the 
tank control requirements specified in Sec.  63.685(g) of this subpart 
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec.  63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (2) The owner or operator shall record for each defect detected 
during inspections required by Sec.  63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec.  63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the 
tank control requirements specified in Sec.  63.685(i) of this subpart 
shall prepare and maintain records for the most recent set of 
calculations and measurements performed by the owner or operator to 
verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for

[[Page 217]]

and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(1) and (g)(2) of this section 
for those planned routine maintenance operations that would require the 
control device not to meet the requirements of Sec.  63.693(d) through 
(h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (2) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during these 6 months that the control device did 
not meet the requirement of Sec.  63.693 (d) through (h) of this 
subpart, as applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the malfunction information 
specified in paragraphs (h)(1) through (3) of this section.
    (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.  63.683(e) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (i) For pressure relief devices in off-site material service, keep 
records of the information specified in paragraphs (i)(1) through (5) of 
this section, as applicable.
    (1) A list of identification numbers for pressure relief devices 
that the owner or operator elects to route emissions through a closed-
vent system to a control device, process or drain system under the 
provisions in Sec.  63.691(c)(4).
    (2) A list of identification numbers for pressure relief devices 
that do not consist of or include a rupture disk, subject to the 
provisions in Sec.  63.691(c)(2)(i).
    (3) A list of identification numbers for pressure relief devices 
equipped with rupture disks, subject to the provisions in Sec.  
63.691(c)(2)(ii).
    (4) 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.  63.691(c)(2)(i). The 
results of each monitoring event shall include:
    (i) The measured background level.
    (ii) The maximum instrument reading measured at each pressure relief 
device.
    (5) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c)(3), 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) An estimate of the quantity of HAP listed in Table 1 of this 
subpart 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.
    (j) (1) For pressure tank closure devices, as specified in Sec.  
63.685(h)(2), keep records of each release to the atmosphere, including 
the information specified in paragraphs (j)(3) though (7) of this 
section.
    (2) For each closed vent system that includes bypass devices that 
could divert a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.693(c)(2), and each open-ended 
valve or line in an emergency shutdown system which is designed to open 
automatically in the event of a process upset, as specified in Sec.  
63.167(d) or 40 CFR 61.242-6(d), keep records of

[[Page 218]]

each release to the atmosphere, including the information specified in 
paragraphs (j)(3) though (9) of this section.
    (3) The source, nature, and cause of the release.
    (4) The date, time, and duration of the release.
    (5) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the release and the calculations used for 
determining this quantity.
    (6) The actions taken to prevent this release.
    (7) The measures adopted to prevent future such release.
    (8) Hourly records of whether the bypass flow indicator specified 
under Sec.  63.693(c)(2) was operating and whether a diversion was 
detected at any time during the hour, as well as records of the times of 
all periods when the vent stream is diverted from the control device or 
the flow indicator is not operating.
    (9) Where a seal mechanism is used to comply with Sec.  
63.693(c)(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 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.

[61 FR 34158, July 1, 1996, as amended at 80 FR 14279, Mar. 18, 2015]



Sec.  63.697  Reporting requirements.

    (a) Each owner or operator of an affected source subject to this 
subpart must comply with the notification requirements specified in 
paragraph (a)(1) of this section and the reporting requirements 
specified in paragraphs (a)(2) and (3) of this section.
    (1) The owner or operator of an affected source must submit notices 
to the Administrator in accordance with the applicable notification 
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For 
the purpose of this subpart, an owner or operator subject to the initial 
notification requirements under 40 CFR 63.9(b)(2) must submit the 
required notification on or before October 19, 1999, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
    (i) For pressure relief devices in off-site material service subject 
to the requirements of Sec.  63.691(c), the owner or operator must 
submit the information listed in paragraph (a)(1)(ii) of this section in 
the notification of compliance status required under Sec.  63.9(h) 
within 150 days after the first applicable compliance date for pressure 
relief device monitoring.
    (ii) For pressure relief devices in off-site material 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 Sec.  63.696(i)(5)(ii) through (iii) (i.e., the 
duration of the pressure release and the methodology and calculations 
for determining the quantity of HAP listed in Table 1 of this subpart 
emitted during the pressure release).
    (2) The owner or operator of an affected source must submit reports 
to the Administrator in accordance with the applicable reporting 
requirements in 40 CFR 63.10 as specified in Table 2 of this subpart.
    (3) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2) required by 
this subpart, the owner or operator must submit the results of the 
performance test according to the manner specified by either paragraph 
(a)(3)(i) or (ii) of this section.
    (i) 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 
must submit the results of the performance test to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI) accessed 
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/
epa_home.asp). Performance test data must be submitted in a file format 
generated through the use of

[[Page 219]]

the EPA's ERT. Owners or operators who claim that some of the 
performance test information being submitted is confidential business 
information (CBI) must submit a complete file generated through the use 
of the EPA's ERT, including information claimed to be CBI, on a compact 
disc, 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: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Road, Durham, NC 27703. The same 
ERT file with the CBI omitted must be submitted to the EPA via the EPA's 
CDX as described earlier in this paragraph (a)(3)(i).
    (ii) 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 
must submit the results of the performance test to the Administrator at 
the appropriate address listed in 40 CFR 60.4.
    (b) The owner or operator of a control device used to meet the 
requirements of Sec.  63.693 of this subpart shall submit the following 
notifications and reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec.  63.7 and 
Sec.  63.9(g) of this part,
    (2) Performance test reports specified in Sec.  63.10(d)(2) of this 
part, and
    (3) 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 volume of each regulated pollutant emitted over any emission limit, 
and a description of the method used to estimate the emissions.
    (4) A summary report specified in Sec.  63.10(e)(3) shall be 
submitted on a semiannual basis (i.e., once every 6-month period). The 
summary report must include a description of all deviations as defined 
in Sec. Sec.  63.683(f) and 63.695(e) that have occurred during the 6-
month reporting period. For each deviation caused when the daily average 
value of a monitored operating parameter is less than the minimum 
operating parameter limit (or, if applicable, greater than the maximum 
operating parameter limit), the report must include the daily average 
values of the monitored parameter, the applicable operating parameter 
limit, and the date and duration of the period that the deviation 
occurred. For each deviation caused by lack of monitoring data, the 
report must include the date and duration of period when the monitoring 
data were not collected and the reason why the data were not collected.
    (5) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c), Periodic Reports must include the information 
specified in paragraphs (b)(5)(i) through (iii) of this section.
    (i) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c), report the results of all monitoring conducted 
within the reporting period.
    (ii) For pressure relief devices in gas/vapor service subject to 
Sec.  63.691(c)(2)(i), report any instrument reading of 500 ppm above 
background or greater, if detected more than 5 days after the pressure 
release.
    (iii) For pressure relief devices in off-site material service 
subject to Sec.  63.691(c)(3), report 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) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the pressure release and the method used for 
determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (6) Pressure tank closure device or bypass deviation report. The 
owner or operator must submit to the Administrator the information 
specified in paragraph (b)(6)(iv) of this section when any of the 
conditions in paragraphs (b)(6)(i) through (iii) of this section are 
met.

[[Page 220]]

    (i) Any pressure tank closure device, as specified in Sec.  
63.685(h)(2), has released to the atmosphere.
    (ii) Any closed vent system that includes bypass devices that could 
divert a vent a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.693(c)(2), has released directly to 
the atmosphere.
    (iii) Any open-ended valve or line in an emergency shutdown system 
which is designed to open automatically in the event of a process upset, 
as specified in Sec.  63.167(d) or 40 CFR 61.242-6(d), has released 
directly to the atmosphere.
    (iv) The pressure tank closure device or bypass deviation report 
must include the information specified in paragraphs (b)(6)(iv)(A) 
through (E) of this section.
    (A) The source, nature and cause of the release.
    (B) The date, time and duration of the discharge.
    (C) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the release and the method used for determining 
this quantity.
    (D) The actions taken to prevent this release.
    (E) The measures adopted to prevent future such releases.
    (c) Each owner or operator using an internal floating roof or 
external floating roof to comply with the Tank Level 2 control 
requirements specified in Sec.  63.685(d) of this subpart shall notify 
the Administrator in advance of each inspection required under Sec.  
63.695(b) of this subpart to provide the Administrator with the 
opportunity to have an observer present during the inspection. The owner 
or operator shall notify the Administrator of the date and location of 
the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal 
gaps as required under Sec.  63.695(b) of this subpart, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Administrator at least 30 calendar days before the 
date the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or 
external floating roof in a tank that has been emptied and degassed, 
written notification shall be prepared and sent by the owner or operator 
so that it is received by the Administrator at least 30 calendar days 
before refilling the tank except when an inspection is not planned as 
provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Administrator as soon as possible, but no later than 7 calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Administrator at least 7 calendar days before refilling 
the tank.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999; 80 
FR 14279, Mar. 18, 2015; 85 FR 73893, Nov. 19, 2020]



Sec.  63.698  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.680, 63.683 through

[[Page 221]]

63.691, and 63.693. Where these standards reference another subpart, the 
cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.
    (5) Approval of alternatives to the electronic reporting 
requirements in Sec.  63.697(a)(3).

[68 FR 37352, June 23, 2003, as amended at 80 FR 14280, Mar. 18, 2015]



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

----------------------------------------------------------------------------------------------------------------
                  CAS No. \a\                                      Chemical name                       fm 305
----------------------------------------------------------------------------------------------------------------
75-07-0........................................  Acetaldehyde.....................................        1.000
75-05-8........................................  Acetonitrile.....................................        0.989
98-86-2........................................  Acetophenone.....................................        0.314
107-02-8.......................................  Acrolein.........................................        1.000
107-13-1.......................................  Acrylonitrile....................................        0.999
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000
98-07-7........................................  Benzotrichloride (isomers and mixture)...........        0.958
100-44-7.......................................  Benzyl chloride..................................        1.000
92-52-4........................................  Biphenyl.........................................        0.864
542-88-1.......................................  Bis(chloromethyl)ether \b\.......................        0.999
75-25-2........................................  Bromoform........................................        0.998
106-99-0.......................................  1,3-Butadiene....................................        1.000
75-15-0........................................  Carbon disulfide.................................        1.000
56-23-5........................................  Carbon tetrachloride.............................        1.000
43-58-1........................................  Carbonyl sulfide.................................        1.000
133-90-4.......................................  Chloramben.......................................        0.633
108-90-7.......................................  Chlorobenzene....................................        1.000
67-66-3........................................  Chloroform.......................................        1.000
107-30-2.......................................  Chloromethyl methyl ether \b\....................        1.000
126-99-8.......................................  Chloroprene......................................        1.000
98-82-8........................................  Cumene...........................................        1.000
94-75-7........................................  2,4-D, salts and esters..........................        0.167
334-88-3.......................................  Diazomethane \c\.................................        0.999
132-64-9.......................................  Dibenzofurans....................................        0.967
96-12-8........................................  1,2-Dibromo-3-chloropropane......................        1.000
106-46-7.......................................  1,4-Dichlorobenzene(p)...........................        1.000
107-06-2.......................................  Dichloroethane (Ethylene dichloride).............        1.000
111-44-4.......................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542-75-6.......................................  1,3-Dichloropropene..............................        1.000
79-44-7........................................  Dimethyl carbamoyl chloride \c\..................        0.150
64-67-5........................................  Diethyl sulfate..................................        0.0025
77-78-1........................................  Dimethyl sulfate.................................        0.086
121-69-7.......................................  N,N-Dimethylaniline..............................        0.0008
51-28-5........................................  2,4-Dinitrophenol................................        0.0077
121-14-2.......................................  2,4-Dinitrotoluene...............................        0.0848
123-91-1.......................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106-89-8.......................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106-88-7.......................................  1,2-Epoxybutane..................................        1.000
140-88-5.......................................  Ethyl acrylate...................................        1.000
100-41-4.......................................  Ethyl benzene....................................        1.000
75-00-3........................................  Ethyl chloride (Chloroethane)....................        1.000
106-93-4.......................................  Ethylene dibromide (Dibromoethane)...............        0.999
107-06-2.......................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151-56-4.......................................  Ethylene imine (Aziridine).......................        0.867
75-21-8........................................  Ethylene oxide...................................        1.000
75-34-3........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethers \d\ that have a Henry's Law              (e)
                                                  constant value equal to or greater than 0.1 Y/X
                                                  (1.8 x 10-6 atm/gm-mole/m\3\) at 25[deg]C.
118-74-1.......................................  Hexachlorobenzene................................        0.97
87-68-3........................................  Hexachlorobutadiene..............................        0.88
67-72-1........................................  Hexachloroethane.................................        0.499
110-54-3.......................................  Hexane...........................................        1.000

[[Page 222]]

 
78-59-1........................................  Isophorone.......................................        0.506
58-89-9........................................  Lindane (all isomers)............................        1.000
67-56-1........................................  Methanol.........................................        0.855
74-83-9........................................  Methyl bromide (Bromomethane)....................        1.000
74-87-3........................................  Methyl chloride (Choromethane)...................        1.000
71-55-6........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000
78-93-3........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74-88-4........................................  Methyl iodide (Iodomethane)......................        1.0001
108-10-1.......................................  Methyl isobutyl ketone (Hexone)..................        0.9796
624-83-9.......................................  Methyl isocyanate................................        1.000
80-62-6........................................  Methyl methacrylate..............................        0.916
1634-04-4......................................  Methyl tert butyl ether..........................        1.000
75-09-2........................................  Methylene chloride (Dichloromethane).............        1.000
91-20-3........................................  Naphthalene......................................        0.994
98-95-3........................................  Nitrobenzene.....................................        0.394
79-46-9........................................  2-Nitropropane...................................        0.989
82-68-8........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87-86-5........................................  Pentachlorophenol................................        0.0898
75-44-5........................................  Phosgene \c\.....................................        1.000
123-38-6.......................................  Propionaldehyde..................................        0.999
78-87-5........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75-56-9........................................  Propylene oxide..................................        1.000
75-55-8........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100-42-5.......................................  Styrene..........................................        1.000
96-09-3........................................  Styrene oxide....................................        0.830
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999
127-18-4.......................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108-88-3.......................................  Toluene..........................................        1.000
95-53-4........................................  o-Toluidine......................................        0.152
120-82-1.......................................  1,2,4-Trichlorobenzene...........................        1.000
71-55-6........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79-00-5........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79-01-6........................................  Trichloroethylene................................        1.000
95-95-4........................................  2,4,5-Trichlorophenol............................        0.108
88-06-2........................................  2,4,6-Trichlorophenol............................        0.132
121-44-8.......................................  Triethylamine....................................        1.000
540-84-1.......................................  2,2,4-Trimethylpentane...........................        1.000
108-05-4.......................................  Vinyl acetate....................................        1.000
593-60-2.......................................  Vinyl bromide....................................        1.000
75-01-4........................................  Vinyl chloride...................................        1.000
75-35-4........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330-20-7......................................  Xylenes (isomers and mixture)....................        1.000
95-47-6........................................  o-Xylenes........................................        1.000
108-38-3.......................................  m-Xylenes........................................        1.000
106-42-3.......................................  p-Xylenes........................................        1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Method 305 fraction measure factor.
a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
  or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


[64 FR 38981, July 20, 1999]



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

------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           Subpart DD          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes                .....................
63.1(a)(2)....................  Yes                .....................
63.1(a)(3)....................  Yes                .....................
63.1(a)(4)....................  No                 Subpart DD (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    DD.
63.1(a)(5)-63.1(a)(9).........  No                 .....................
63.1(a)(10)...................  Yes                .....................
63.1(a)(11)...................  Yes                .....................
63.1(a)(12)...................  Yes                .....................
63.1(b)(1)....................  No                 Subpart DD specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  No...............  Reserved.
63.1(b)(3)....................  No                 .....................

[[Page 223]]

 
63.1(c)(1)....................  No                 Subpart DD explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    DD.
63.1(c)(3)....................  No...............  Reserved.
63.1(c)(4)....................  No...............  Reserved.
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.
63.1(c)(6)....................  Yes..............
63.1(d).......................  No                 .....................
63.1(e).......................  No                 .....................
63.2..........................  Yes                Sec.   63.681 of
                                                    subpart DD specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and DD,
                                                    it shall have the
                                                    meaning given in
                                                    subpart DD.
63.3..........................  Yes                .....................
63.4(a)(1)-63.4(a)(2).........  Yes
63.4(a)(3)....................  No...............  Reserved.
63.4(a)(4)....................  No...............  Reserved.
63.4(a)(5)....................  No...............  Reserved.
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes
63.5(b)(4)....................  Yes                Except the cross-
                                                    reference to Sec.
                                                    63.9(b) is changed
                                                    to Sec.   63.9(b)(4)
                                                    and (5). Subpart DD
                                                    overrides Sec.
                                                    63.9(b)(2) and
                                                    (b)(3).
63.5(b)(5)....................  No...............  Reserved.
63.5(b)(6)....................  Yes
63.5(c).......................  No                 Reserved.
63.5(d)(1)(i).................  Yes
63.5(d)(1)(ii)................  Yes
63.5(d)(1)(iii)...............  Yes
63.5(d)(2)....................  No
63.5(d)(3)....................  Yes
63.5(d)(4)....................  Yes
63.5(e).......................  Yes
63.5(f)(1)....................  Yes
63.5(f)(2)....................  Yes
63.6(a).......................  Yes
63.6(b)(1)....................  No                 Subpart DD specifies
                                                    compliance dates for
                                                    sources subject to
                                                    subpart DD.
63.6(b)(2)....................  No
63.6(b)(3)....................  No...............
63.6(b)(4)....................  No...............
63.6(b)(5)....................  No...............  Sec.   63.697 of
                                                    subpart DD includes
                                                    notification
                                                    requirements.
63.6(b)(6)....................  No
63.6(b)(7)....................  No
63.6(c)(1)....................  No                 Sec.   63.680 of
                                                    subpart DD specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No
63.6(c)(5)....................  Yes
63.6(d).......................  No
63.6(e)(1)(i).................  No...............  See Sec.   63.683(e)
                                                    for general duty
                                                    requirement.
63.6(e)(1)(ii)................  No
63.6(e)(1)(iii)...............  Yes
63.6(e)(2)....................  No...............  Reserved.
63.6(e)(3)....................  No
63.6(f)(1)....................  No
63.6(f)(2)(i).................  Yes
63.6(f)(2)(ii)................  Yes                Subpart DD specifies
                                                    the use of
                                                    monitoring data in
                                                    determining
                                                    compliance with
                                                    subpart DD.
63.6(f)(2)(iii) (A), (B), and   Yes
 (C).
63.6(f)(2)(iii) (D)...........  No
63.6(f)(2)(iv)................  Yes
63.6(f)(2)(v).................  Yes
63.6(f)(3)....................  Yes
63.6(g).......................  Yes
63.6(h).......................  No                 Subpart DD does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.6(i).......................  Yes                Except for Sec.
                                                    63.6(i)(15), which
                                                    is reserved.
63.6(j).......................  Yes
63.7(a)(1)....................  No                 Subpart DD specifies
                                                    required testing and
                                                    compliance
                                                    demonstration
                                                    procedures.
63.7(a)(2)....................  Yes

[[Page 224]]

 
63.7(a)(3)....................  Yes
63.7(a)(4)....................  Yes
63.7(b).......................  Yes
63.7(c).......................  Yes
63.7(d).......................  Yes
63.7(e)(1)....................  No...............  See Sec.   63.694(l).
63.7(e)(2)....................  Yes
63.7(e)(3)....................  No                 Subpart DD specifies
                                                    test methods and
                                                    procedures.
63.7(e)(4)....................  Yes
63.7(f).......................  Yes
63.7(g).......................  Yes
63.7(h)(1)....................  Yes
63.7(h)(2)....................  Yes
63.7(h)(3)....................  Yes
63.7(h)(4)....................  No
63.7(h)(5)....................  Yes
63.8(a).......................  No
63.8(b)(1)....................  Yes
63.8(b)(2)....................  No                 Subpart DD specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes
63.8(c)(1)(i).................  Yes
63.8(c)(1)(ii)................  Yes
63.8(c)(1)(iii)...............  No
63.8(c)(2)....................  Yes
63.8(c)(3)....................  Yes
63.8(c)(4)....................  No                 Subpart DD specifies
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No
63.8(d).......................  No
63.8(e).......................  No
63.8(f)(1)....................  Yes
63.8(f)(2)....................  Yes
63.8(f)(3)....................  Yes
63.8(f)(4)(i).................  Yes
63.8(f)(4)(ii)................  Yes
63.8(f)(4)(iii)...............  No
63.8(f)(5)(i).................  Yes
63.8(f)(5)(ii)................  No
63.8(f)(5)(iii)...............  Yes
63.8(f)(6)....................  Yes
63.8(g).......................  Yes
63.9(a).......................  Yes
63.9(b)(1)(i).................  Yes
63.9(b)(1)(ii)................  No
63.9(b)(2)....................  Yes
63.9(b)(3)....................  No
63.9(b)(4)....................  Yes
63.9(b)(5)....................  Yes
63.9(c).......................  Yes
63.9(d).......................  Yes
63.9(e).......................  Yes
63.9(f).......................  No
63.9(g).......................  Yes
63.9(h).......................  Yes
63.9(i).......................  Yes
63.9(j).......................  Yes..............  For change in major
                                                    source status only.
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
63.10(a)......................  Yes
63.10(b)(1)...................  Yes
63.10(b)(2)(i)................  No
63.10(b)(2)(ii)...............  No...............  See Sec.   63.696(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
                                                    correct the failure.
63.10(b)(2)(iii)..............  Yes
63.10(b)(2)(iv)...............  No
63.10(b)(2)(v)................  No
63.10(b)(2)(vi)-(ix)..........  Yes
63.10(b)(2)(x)-(xi)...........  Yes
63.10(b)(2) (xii)-(xiv).......  No
63.10(b)(3)...................  Yes
63.10(c)(1)-(6)...............  No
63.10(c)(7)-(8)...............  Yes
63.10(c)(9)-(15)..............  No

[[Page 225]]

 
63.10(d)(1)...................  No
63.10(d)(2)...................  Yes
63.10(d)(3)...................  No
63.10(d)(4)...................  Yes
63.10(d)(5)...................  No...............  See Sec.
                                                    63.697(b)(3) for
                                                    reporting of
                                                    malfunctions.
63.10(e)(1)-63.10(e)(2).......  No
63.10(e)(3)...................  Yes
63.10(e)(4)...................  No
63.10(f)......................  Yes
63.11-63.15...................  Yes
63.16.........................  No
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.


[64 FR 38983, July 20, 1999, as amended at 66 FR 1267, Jan. 8, 2001; 80 
FR 14280, Mar. 18, 2015; 85 FR 73893, Nov. 19, 2020]



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

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 75  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 75 m\3\ and      pressure less than
 less than 151 m\3\.           27.6 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               27.6 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               5.2 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 5.2
                               kPa.
------------------------------------------------------------------------


[80 FR 14282, Mar. 18, 2015]



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

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 75  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 75 m\3\ and      pressure less than
 less than 151 m\3\.           13.1 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               13.1 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               5.2 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 5.2
                               kPa.
------------------------------------------------------------------------


[80 FR 14283, Mar. 18, 2015]

[[Page 226]]



Sec. Table 5 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
         New Affected Sources as Required by 40 CFR 63.685(b)(2)

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 38  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 38 m\3\ and      pressure less than
 less than 151 m\3\.           13.1 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               13.1 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               0.7 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 0.7
                               kPa.
------------------------------------------------------------------------


[80 FR 14283, Mar. 18, 2015]



 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

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



Sec.  63.701  Applicability.

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

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

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

[[Page 227]]

    (g) Owners or operators of affected sources subject to the 
provisions of this subpart shall also comply with the requirements of 
subpart A as identified in Table 1, according to the applicability of 
subpart A to such sources.
    (h) In any title V permit for an affected source, all research or 
laboratory facilities that are exempt from the requirements of this 
subpart shall be clearly identified.



Sec.  63.702  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Clean Air Act and in subpart A of this 
part.
    Add-on air pollution control device means equipment installed at the 
end of a process vent exhaust stack or stacks that reduces the quantity 
of a pollutant that is emitted to the air. The device may destroy or 
secure the pollutant for subsequent recovery. Examples are incinerators, 
condensers, carbon adsorbers, and biofiltration units. Transfer 
equipment and ductwork are not considered in and of themselves add-on 
air pollution control devices.
    Bag slitter means a device for enclosed transfer of particulates. A 
bag of raw materials is placed in a hopper, the hopper is closed, and an 
internal mechanism slits the bag, releasing the particulates into either 
a closed conveyor that feeds the mix preparation equipment or into the 
mix preparation equipment itself.
    Base substrate means the surface, such as plastic or paper, to which 
a coating is applied.
    Capture efficiency means the fraction of all organic vapors or other 
pollutants generated by a process that are directed to an add-on air 
pollution control device.
    Capture device means a hood, enclosed room, or other means of 
collecting HAP vapors or other pollutants into a duct that exhausts to 
an add-on air pollution control device.
    Carbon adsorber vessel means one vessel in a series of vessels in a 
carbon adsorption system that contains carbon and is used to remove 
gaseous pollutants from a gaseous emission source.
    Car seal means a seal that is placed on a device that is used either 
to open a closed valve or close an opened valve so that the position of 
the valve cannot be changed without breaking the seal.
    Closed system for flushing fixed lines means a system in which the 
line to be flushed is disconnected from its original position and 
connected to two closed containers, one that contains cleaning solvent 
and one that is empty. Solvent is flushed from the container with 
cleaning solvent, through the line, and into the empty containers.
    Coater or coating applicator means the apparatus used to apply a 
coating to a continuous base substrate.
    Coating application means the process by which the coating mix is 
applied to the base substrate.
    Coating operation means any coater, flashoff area, and drying oven 
located between a base substrate unwind station and a base substrate 
rewind station that coats a continuous base substrate.
    Control device efficiency means the ratio of the emissions collected 
or destroyed by an add-on air pollution control device to the total 
emissions that are introduced to the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    Drying oven means a chamber that uses heat to bake, cure, 
polymerize, or dry a surface coating; if the coating contains volatile 
solvents, the volatile portion is evaporated in the oven.
    Enclosed transfer method means a particulate HAP transfer method 
that uses an enclosed system to prevent particulate HAP from entering 
the atmosphere as dust. Equipment used for this purpose may include 
vacuum injection systems or other mechanical transfer systems, bag 
slitters, or supersacks.
    Equivalent diameter means four times the area of an opening divided 
by its perimeter.
    Facility means all contiguous or adjoining property that is under 
common ownership or control in which magnetic tape manufacturing is 
performed. The definition includes properties that are separated only by 
a road or other public right-of-way.
    Flashoff area means the portion of a coating operation between the 
coater

[[Page 228]]

and the drying oven where solvent begins to evaporate from the coated 
base substrate.
    Flushing of fixed lines means the flushing of solvent through lines 
that are typically fixed and are not associated with the cleaning of a 
tank, such as the line from the mix room to the coater.
    Freeboard ratio means the vertical distance from the surface of the 
liquid to the top of the sink or tank (freeboard height) divided by the 
smaller of the length or width of the sink or tank evaporative area.
    Magnetic coatings means coatings applied to base substrates to make 
magnetic tape. Components of magnetic coatings may include: Magnetic 
particles, binders, dispersants, conductive pigments, lubricants, 
solvents, and other additives.
    Magnetic particles means particles in the coating mix that have 
magnetic properties. Examples of magnetic particles used in magnetic 
tape manufacturing are: y-oxide, doped iron oxides, chromium dioxide, 
barium ferrite, and metallic particles that usually consist of elemental 
iron, cobalt, and/or nickel.
    Magnetic tape means any flexible base substrate that is covered on 
one or both sides with a coating containing magnetic particles and that 
is used for audio recording, video recording, or any type of information 
storage.
    Magnetic tape manufacturing operation means all of the emission 
points within a magnetic tape manufacturing facility that are 
specifically associated with the manufacture of magnetic tape. These 
include, but are not limited to:
    (1) Solvent storage tanks;
    (2) Mix preparation equipment;
    (3) Coating operations;
    (4) Waste handling devices;
    (5) Particulate transfer operations;
    (6) Wash sinks for cleaning removable parts;
    (7) Cleaning involving the flushing of fixed lines;
    (8) Wastewater treatment systems; and
    (9) Condenser vents associated with distillation and stripping 
columns in the solvent recovery area, but not including the vent on a 
condenser that is used as the add-on air pollution control device.
    Mill means the pressurized equipment that uses the dispersing action 
of beads, combined with the high shearing forces of the centrifugal 
mixing action, to disperse the aggregates of magnetic particles 
thoroughly without reducing particle size.
    Mix preparation equipment means the vessels, except for mills, used 
to prepare the magnetic coating.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Overall HAP control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Particulate means any material, except uncombined water, that exists 
as liquid or solid particles such as dust, smoke, mist, or fumes at 
standard conditions (760 millimeters of mercury, 0 degrees celsius).
    Particulate HAP transfer means the introduction of a particulate HAP 
into other dry ingredients or a liquid solution.
    Removable parts cleaning means cleaning of parts that have been 
moved from their normal position to a wash tank or sink containing 
solvent for the purpose of cleaning.
    Research or laboratory facility means any stationary source whose 
primary

[[Page 229]]

purpose is to conduct research and development to develop new processes 
and products, where such source is operated under the close supervision 
of technically trained personnel and is not engaged in the manufacture 
of products for commercial sale in commerce, except in a de minimis 
manner.
    Separator means a device in the wastewater treatment system in which 
immiscible solvent is physically separated from the water with which it 
is mixed.
    Solvent storage tanks means the stationary tanks that are associated 
with magnetic tape operations and that store virgin solvent, spent 
solvent, cleaning solvent, solvent at any stage of the solvent recovery 
process, or any volatile compound. They do not serve a process function.
    Solvent recovery area means the collection of devices used to remove 
HAP emissions from process air, to recover the HAP, and to purify the 
HAP. Typically, this area contains a control device such as a carbon 
adsorber or condenser, the wastewater treatment system, and the 
distillation columns.
    Solvent recovery device means, for the purposes of this subpart, an 
add-on air pollution control device in which HAP is captured rather than 
destroyed. Examples include carbon adsorption systems and condensers.
    Supersack means a container of particulate from the manufacturer or 
supplier with attached feed tubes and that is used to transfer 
particulate under the following conditions: the feed tubes are attached 
directly to the mix preparation equipment, the attachment interface is 
sealed, and all openings on the mix transfer equipment are closed to the 
atmosphere.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the fugitive emissions 
from an affected source. A temporary total enclosure must be constructed 
and ventilated (through stacks suitable for testing) so that it has 
minimal impact on the performance of the permanent capture system. A 
temporary total enclosure will be assumed to achieve total capture of 
fugitive emissions if it conforms to the requirements found in Sec.  
63.705(c)(4)(i) and if all natural draft openings are at least four duct 
or hood equivalent diameters away from each exhaust duct or hood. 
Alternatively, the owner or operator may apply to the Administrator for 
approval of a temporary enclosure on a case-by-case basis.
    Total enclosure means a structure that is constructed around a 
gaseous emission source so that all gaseous pollutants emitted from the 
source are collected and ducted through a control device, such that 100 
percent capture efficiency is achieved. There are no fugitive emissions 
from a total enclosure. The only openings in a total enclosure are 
forced makeup air and exhaust ducts and any natural draft openings such 
as those that allow raw materials to enter and exit the enclosure for 
processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. A permanent enclosure that meets the 
requirements found in Sec.  63.705(c)(4)(i) is a total enclosure.
    Utilize means the use of HAP that is delivered to mix preparation 
equipment for the purpose of formulating coatings, the use of any other 
HAP (e.g., dilution solvent) that is added at any point in the 
manufacturing process, and the use of any HAP for cleaning activities. 
Alternatively, annual HAP utilization can be determined as net usage; 
that is, the HAP inventory at the beginning of a 12-month period, plus 
the amount of HAP purchased during the 12-month period, minus the amount 
of HAP in inventory at the end of a 12-month period.
    Vacuum injection system means a system in which a vacuum draws 
particulate from a storage container into a closed system that transfers 
particulates into the mix preparation equipment.

[[Page 230]]

    Volatile organic compound (VOC) means any organic compound that 
participates in atmospheric photochemical reactions or that is measured 
by EPA Test Methods 18, 24, or 25A in appendix A of part 60 or an 
alternative test method as defined in Sec.  63.2.
    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the concentration of an individually-speciated organic HAP in a 
wastewater discharge that is measured by Method 305 of appendix A to 40 
CFR part 63.
    Waste handling means processing or treatment of waste (liquid or 
solid) that is generated as a by-product of either the magnetic tape 
production process or cleaning operations.
    Waste handling device means equipment that is used to separate 
solvent from solid waste (e.g., filter dryers) or liquid waste (e.g., 
pot stills and thin film evaporators). The solvents are recovered by 
heating, condensing, and collection.
    Wastewater discharge means the water phase that is discharged from 
the separator in a wastewater treatment system.
    Wastewater treatment system means the assortment of devices in which 
the solvent/water mixture, generated when the carbon bed in the carbon 
adsorber is desorbed by steam, is treated to remove residual organics in 
the water.
    (b) The nomenclature used in this subpart is defined when presented 
or has the meaning given below:
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device from the affected 
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each 
uncontrolled gas stream (k) emitted directly to the atmosphere from the 
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each 
uncontrolled gas stream entering each individual carbon adsorber vessel 
(v), in parts per million by volume. For the purposes of calculating the 
efficiency of the individual carbon adsorber vessel, Cgv may 
be measured in the carbon adsorption system's common inlet duct prior to 
the branching of individual inlet ducts to the individual carbon 
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas 
stream exiting each individual carbon adsorber vessel (v), in parts per 
million by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) G = the calculated mass of HAP per volume of coating solids (in 
kilograms per liter) contained in a batch of coating.
    (12) Hv = the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (13) Hsys = the efficiency of the carbon adsorption 
system calculated when each carbon adsorber vessel has an individual 
exhaust stack (expressed as a fraction).
    (14) Lsi = the volume fraction of solids in each batch of 
coating (i) applied as determined from the formulation records at the 
affected source.
    (15) Mci = the total mass in kilograms of each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7-day period, as appropriate, as determined from 
records at the affected source. This quantity shall be determined at a 
time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.

[[Page 231]]

    (16) Mr = the total mass in kilograms of HAP or VOC 
recovered for a 7-day period.
    (17) Qaj = the volumetric flow rate of each gas stream 
(j) exiting the emission control device in either dry standard cubic 
meters per hour when EPA Method 18 in appendix A of part 60 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (18) Qbi = the volumetric flow rate of each gas stream 
(i) entering the emission control device, in dry standard cubic meters 
per hour when EPA Method 18 is used to measure HAP or VOC concentration 
or in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (19) Qdi = the volumetric flow rate of each gas stream 
(i) entering the emission control device from the affected source in 
either dry standard cubic meters per hour when EPA Method 18 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (20) Qfk = the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source in either dry standard cubic meters per hour when EPA Method 18 
is used to measure HAP or VOC concentration or in standard cubic meters 
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (21) Qgv = the volumetric flow rate of each gas stream 
entering each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration. For 
purposes of calculating the efficiency of the individual carbon adsorber 
vessel, the value of Qgv can be assumed to equal the value of 
Qhv measured for that carbon adsorber vessel.
    (22) Qhv = the volumetric flow rate of each gas stream 
exiting each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration.
    (23) Qin i = the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (24) Qout j = the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood in 
standard cubic meters per hour (wet basis).
    (25) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (26) RSi = the total mass in kilograms of HAP or VOC 
retained in the coated substrate after oven drying for a given magnetic 
tape product.
    (27) Vci = the total volume in liters of each batch of 
coating (i) applied as determined from records at the affected source.
    (28) Woi = the weight fraction of HAP or VOC in each 
batch of coating (i) applied, or of each coating applied at an affected 
coating operation during a 7-day period, as appropriate, as determined 
by EPA Method 24 or formulation data. This value shall be determined at 
a time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.



Sec.  63.703  Standards.

    (a) Each owner or operator of any affected source that is subject to 
the requirements of this subpart shall comply with the requirements of 
this subpart on and after the compliance dates specified in Sec.  
63.701.
    (b)(1) The owner or operator subject to Sec.  63.701(a)(2) shall 
determine limits on the amount of HAP utilized (see definition) in the 
magnetic tape manufacturing operation as the values for the potential to 
emit HAP from the magnetic tape manufacturing operation.

[[Page 232]]

    (2) The limits on the amount of HAP utilized in the magnetic tape 
manufacturing operations shall be determined in the following manner.
    (i) The potential to emit each HAP from each emission point at the 
stationary source, other than those from magnetic tape manufacturing 
operations, shall be calculated and converted to the units of Mg/yr (or 
tons/yr).
    (ii) The limits on the HAP utilized in the magnetic tape 
manufacturing operation shall be determined as the values that, when 
summed with the values in paragraph (b)(2)(i) of this section, are less 
than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25 
tons/yr) for the combination of HAP.
    (3) The limits on the HAP utilized determined in paragraph (b)(2) of 
this section shall be in terms of Mg/yr (or tons/yr), calculated monthly 
on a rolling 12-month average. The owner or operator shall not exceed 
these limits.
    (4) An owner or operator subject to paragraph (b) of this section 
shall meet the requirements in paragraph (h) of this section.
    (5) A magnetic tape manufacturing operation that is subject to 
paragraph (b) of this section and is located at an area source is not 
subject to paragraphs (c) through (g) of this section.
    (c) Except as provided by Sec.  63.703(b), each owner or operator of 
an affected source subject to this subpart shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of 
this section:
    (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and 
(5) of this section, each owner or operator shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery by an overall HAP control efficiency of at least 95 
percent.
    (2) An owner or operator that uses an incinerator to control 
emission points listed in paragraph (c)(1) of this section may choose to 
meet the overall HAP control efficiency requirement of paragraph (c)(1) 
of this section, or may operate the incinerator such that an outlet HAP 
concentration of no greater than 20 parts per million by volume (ppmv) 
by compound on a dry basis is achieved, as long as the efficiency of the 
capture system is 100 percent.
    (3) An owner or operator may choose to meet the requirements of 
paragraph (c)(1) or (2) of this section by venting the room, building, 
or enclosure in which the HAP emission point is located to an add-on air 
pollution control device, as long as the required overall HAP control 
efficiency of this method is sufficient to meet the requirements of 
paragraph (c)(1) or (2) of this section.
    (4) In lieu of controlling HAP emissions from each solvent storage 
tank and piece of mix preparation equipment to the level required by 
paragraph (c)(1) of this section, an owner or operator of an affected 
source may elect to comply with one of the options set forth in 
paragraph (c)(4)(i), (ii) or (iii) of this section.
    (i) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 97 percent in lieu of either:
    (A) Controlling up to 10 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or

[[Page 233]]

    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (ii) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 98 percent in lieu of either:
    (A) Controlling up to 15 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 11 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 9 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 7 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 5 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 3 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 1 HAP solvent 
storage tank that does not exceed 20,000 gallons in capacity.
    (iii) Control HAP emissions from all coating operations by an 
overall HAP control efficiency of at least 99 percent in lieu of either:
    (A) Controlling up to 20 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 16 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 14 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 12 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 10 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 8 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (I) Controlling up to 8 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (J) Controlling up to 9 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (K) Controlling up to 10 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (iv) Owners or operators choosing to meet the requirements of 
paragraphs

[[Page 234]]

(c)(4)(i), (ii), or (iii) of this section are also subject to the 
reporting requirement of Sec.  63.707(k).
    (5) In lieu of controlling HAP emissions from a coating operation to 
the level required by paragraph (c)(1) of this section, owners or 
operators may use magnetic coatings that contain no greater than 0.18 
kilograms of HAP per liter of coating solids for that coating operation. 
For the requirements of this paragraph, Sec. Sec.  63.6(e)(3), 63.6(f) 
(1) and (2), 63.8(b) (2) and (3), 63.8(c), 63.8(d), 63.8(e), 63.8(g), 
63.9 (e) and (g), 63.10(c), 63.10(d) (2), (3), and (5), 63.10(e) (1) and 
(2), and 63.11 of subpart A do not apply.
    (d) Particulate transfer operations. Except as stipulated by Sec.  
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:
    (1) Use an enclosed transfer method to perform particulate HAP 
transfer; or
    (2) Direct emissions from particulate HAP transfer through a hood or 
enclosure to a baghouse or fabric filter that exhibits no visible 
emissions while controlling HAP emissions from particulate HAP transfer.
    (e) Wash sinks for cleaning removable parts. (1) Except as 
stipulated by Sec.  63.703(b), each owner or operator of an affected 
source subject to this subpart shall limit gaseous HAP emissions from 
each wash sink containing HAP:
    (i) So that the overall HAP control efficiency is no less than 88 
percent; or
    (ii) By maintaining a minimum freeboard ratio of 75 percent in the 
wash sink at all times when the sink contains HAP.
    (2) Owners or operators may meet the requirements of paragraph 
(e)(1)(i) of this section by venting the room, building, or enclosure in 
which the sink is located, as long as the overall HAP control efficiency 
of this method is demonstrated to be at least 88 percent using the test 
methods in Sec.  63.705(e).
    (3) Wash sinks subject to the control provisions of subpart T of 
this part are not subject to paragraph (e)(1) or (e)(2) of this section.
    (f) Equipment for flushing fixed lines. (1) Except as stipulated by 
Sec.  63.703(b), each owner or operator of an affected source subject to 
this subpart shall limit gaseous HAP emissions from each affected set of 
equipment for flushing fixed lines:
    (i) So that the overall HAP control efficiency is at least 95 
percent; or
    (ii) By using a closed system for flushing fixed lines.
    (2) Owners or operators may meet the requirements of paragraph 
(f)(1)(i) of this section by venting the room, building, or enclosure in 
which the fixed lines are located, as long as the overall HAP control 
efficiency of this method is demonstrated to be at least 95 percent 
using the test methods in Sec.  63.705(f).
    (g) Wastewater treatment systems. (1) Except as stipulated by Sec.  
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:
    (i) Treat the wastewater discharge to remove each HAP from magnetic 
tape manufacturing operations that is present in the wastewater 
discharge by at least the fraction removed (FR) specified in 
Table 9 of 40 CFR part 63, subpart G; or
    (ii) Treat (other than by dilution) the HAP from magnetic tape 
manufacturing operations that are present in the wastewater discharge 
such that the exit concentration is less than 50 ppmw of total VOHAP.
    (2) The treatment method used to meet the requirements of paragraph 
(g)(1) of this section shall not transfer emissions from the water to 
the atmosphere in an uncontrolled manner.
    (h)(1) Magnetic tape manufacturing operations that are subject to 
Sec.  63.703(b) and are not at major sources are not subject to 
Sec. Sec.  63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) 
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), 
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec.  
63.703(b) shall fulfill the recordkeeping requirements of Sec.  
63.706(e) and the reporting requirements of Sec.  63.707 (b), (c), and 
(j).
    (3) An owner or operator of a magnetic tape manufacturing operation 
subject to Sec.  63.703(b) who chooses to no longer be subject to Sec.  
63.703(b) shall notify the Administrator or delegated State of such 
change. If by no longer being subject to Sec.  63.703(b), the source

[[Page 235]]

at which the magnetic tape manufacturing operation is located would 
become a major source, the owner or operator shall meet the following 
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and 
other provisions of this subpart within the timeframe specified in Sec.  
63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec.  63.703(b) until 
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation 
equipment, waste handling device, condenser vent in solvent recovery, 
wash sink for cleaning removable parts, and set of equipment for 
flushing of fixed lines, the owner or operator may, instead of meeting 
the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) of this 
section, vent the gaseous HAP emissions to an add-on air pollution 
control device other than an incinerator that, in conjunction with 
capture equipment or ductwork, is designed to achieve an overall HAP 
control efficiency of at least 95 percent for the emissions from the 
coating operation, and achieve an alternate outlet concentration limit 
when coating operations are not occurring, as determined in Sec.  
63.704(b)(11)(ii).
    (j) The requirements of this subpart do not preclude the use of 
pressure relief valves and vacuum relief valves for safety purposes.

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



Sec.  63.704  Compliance and monitoring requirements.

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

[[Page 236]]

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

[[Page 237]]

    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec.  63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec.  63.705(h)(1); or
    (B) The minimum operating parameter value shall be that value that 
corresponds to a total VOHAP outlet concentration in the wastewater of 
less than 50 ppmw as determined through tests conducted in accordance 
with Sec.  63.705(b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in Sec.  
63.705(g)(1)(i), as demonstrated through tests conducted in accordance 
with Sec.  63.705(b)(9) and (h)(3).
    (ii) Owners or operators complying with Sec.  63.703(g) through the 
use of a steam stripper or any other control technique may establish as 
a site-specific operating parameter the outlet total VOHAP concentration 
according to the following criteria:
    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec.  63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec.  63.705(h)(1); or
    (B) The minimum operating parameter value shall be a total VOHAP 
outlet concentration in the wastewater of less than 50 ppmw, as required 
by Sec.  63.703(g)(1)(ii), and as determined through tests conducted in 
accordance with Sec.  63.705 (b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in Sec.  
63.705(g)(1)(i), as demonstrated through tests conducted in accordance 
with Sec.  63.705 (b)(9) and (h)(3).
    (11) Compliance provisions for nonrepresentative operating 
conditions. (i) The owner or operator of an affected source may conduct 
multiple performance tests to establish the operating parameter value, 
or range of values, that demonstrates compliance with the standards in 
Sec.  63.703 during various operating conditions.
    (ii) To establish an alternate outlet concentration limit as 
provided in Sec.  63.703(i), the owner or operator, when the coating 
operation is not occurring, shall conduct a performance test using the 
methods in Sec.  63.705 for determining initial compliance with Sec.  
63.703 (c)(1), (e)(1)(i) or (f)(1)(i), or shall collect data from 
continuous emission monitors used to determine continuous compliance as 
specified in Sec.  63.704 (b) and (c). During the period in which this 
limit is being established, the control device shall be operated in 
accordance with good air pollution control practices and in the same 
manner as it was operated to achieve the emission limitation for coating 
operations. Owners or operators choosing to establish such an 
alternative shall also comply with paragraphs (b)(11)(ii) (A) and (B) of 
this section.
    (A) The owner or operator shall submit the alternate outlet HAP 
concentration limit within 180 days after the compliance demonstration 
required by Sec.  63.7 of subpart A, to the Administrator, as required 
by Sec.  63.707(k)(1).
    (B) The Administrator will approve or disapprove the limit proposed 
in accordance with paragraph (b)(11)(ii)(A) of this section within 60 
days of receipt of the report required by Sec.  63.707(k)(1), and any 
other supplemental information requested by the Administrator to support 
the alternate limit.
    (c) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with the standards shall be demonstrated as outlined in paragraphs (c), 
(d), (e), or (f) of this section.
    (1)(i) Each owner or operator of an affected source subject to Sec.  
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) of 
this subpart shall monitor the applicable parameters specified in 
paragraphs (c)(3), (4), (5), (6), (7), or (9) of this section depending 
on the type of control technique used, and shall monitor the parameters 
specified in paragraph (c)(10) of this section.
    (ii) Each owner or operator of an affected source subject to Sec.  
63.703(c)(5) of this subpart shall demonstrate continuous compliance as 
required by paragraph (c)(8) of this section.

[[Page 238]]

    (iii) Each owner or operator of an affected source subject to Sec.  
63.703(d)(2) of this subpart shall demonstrate continuous compliance as 
required by paragraph (e) of this section.
    (iv) Each owner or operator of an affected source subject to Sec.  
63.703(g) of this subpart shall demonstrate continuous compliance as 
required by paragraph (d) of this section.
    (2) Compliance monitoring shall be subject to the following 
provisions.
    (i) Except as allowed by paragraph (c)(3)(i)(C) of this section, all 
continuous emission monitors shall comply with performance specification 
(PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate depending on 
whether volatile organic compound (VOC) or HAP concentration is being 
measured. The requirements in appendix F of 40 CFR part 60 shall also be 
followed. In conducting the quarterly audits required by appendix F, 
owners or operators must challenge the monitors with compounds 
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to the manufacturer's 
specifications. The thermocouple calibration shall be verified or 
replaced every 3 months. The replacement shall be done either if the 
owner or operator chooses not to calibrate the thermocouple, or if the 
thermocouple cannot be properly calibrated.
    (iii) If the effluent from multiple emission points are combined 
prior to being channeled to a common control device, the owner or 
operator is required only to monitor the common control device, not each 
emission point.
    (3) Owners or operators complying with Sec.  63.703(c), (e)(1)(i), 
(f)(1)(i), or (i) through the use of a control device and establishing a 
site-specific operating parameter in accordance with Sec.  63.704(b)(1) 
shall fulfill the requirements of paragraphs (c)(3)(i) of this section 
and paragraph (c)(3)(ii), (iii), (iv), or (v) of this section, as 
appropriate.
    (i) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (A) The continuous emission monitor shall be used to measure 
continuously the total HAP or VOC concentration at both the inlet and 
the outlet whenever HAP from magnetic tape manufacturing operations are 
vented to the control device, if continuous compliance is demonstrated 
through a percent efficiency calculation (Sec.  63.704(b)(1)(ii)); or
    (B) The continuous emission monitor shall be used to measure 
continuously the total outlet HAP or VOC concentration whenever HAP from 
magnetic tape manufacturing operations are vented to the control device, 
if the provisions of Sec.  63.704(b)(1)(i) are being used to determine 
continuous compliance.
    (C) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(c)(3)(i) (A) or (B) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet, or outlet of the carbon adsorber, as appropriate.
    (1) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (2) The monitoring device shall meet the requirements of part 60, 
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the 
purposes of paragraph (c)(3)(i)(C) of this section, the words ``leak 
definition'' in method 21 shall be the outlet concentration determined 
in accordance with Sec.  63.704(b)(1). The calibration gas shall either 
be representative of the compounds to be measured or shall be methane, 
and shall be at a concentration associated with 125 percent of the 
expected organic compound concentration level for the carbon adsorber 
outlet vent.
    (3) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (ii) If complying with Sec.  63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i)

[[Page 239]]

through the use of a carbon adsorption system with a common exhaust 
stack for all of the carbon vessels, the owner or operator shall not 
operate the control device at an average control efficiency less than 
that required by Sec.  63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or 
(f)(1)(i) or at an average outlet concentration exceeding the site-
specific operating parameter value or that required by Sec.  63.703(i), 
for three consecutive adsorption cycles. Operation in this manner shall 
constitute a violation of Sec.  63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i).
    (iii) If complying with Sec.  63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption 
system with individual exhaust stacks for each of the multiple carbon 
adsorber vessels, the owner or operator shall not operate any carbon 
adsorber vessel at an average control efficiency less than that required 
by Sec.  63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at 
an average outlet concentration exceeding the site-specific operating 
parameter value or that required by Sec.  63.703(i), as calculated daily 
using a 3-day rolling average. Operation in this manner shall constitute 
a violation of Sec.  63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), 
(f)(1)(i), or (i).
    (iv) If complying with Sec.  63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of any control device other 
than a carbon adsorber, the owner or operator shall not operate the 
control device at an average control efficiency less than that required 
by Sec.  63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at 
an average outlet concentration exceeding the site-specific operating 
parameter value or that required by Sec.  63.703(c)(2) or (i), as 
calculated for any 3-hour period. Operation in this manner shall 
constitute a violation of Sec.  63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i).
    (v) If complying with Sec.  63.703(c)(1) through the use of a 
nonregenerative carbon adsorber, in lieu of the requirements of 
paragraphs (c)(3) (ii) or (iii) of this section, the owner or operator 
may:
    (A) monitor the VOC or HAP concentration of the adsorber exhaust 
daily or at intervals no greater than 20 percent of the design carbon 
replacement interval, whichever is greater; operation of the control 
device at a HAP or VOC concentration greater than that determined in 
accordance with Sec.  63.704(b)(1)(iii) shall constitute a violation of 
Sec.  63.703 (c)(1), (e)(1)(i), or (f)(1)(i); or
    (B) replace the carbon in the carbon adsorber system with fresh 
carbon at a regular predetermined time interval as determined in 
accordance with Sec.  63.704(b)(5); failure to replace the carbon at 
this predetermined time interval shall constitute a violation of Sec.  
63.703 (c)(1), (e)(1)(i), or (f)(1)(i).
    (4) Owners or operators complying with Sec.  63.703 (c)(1), (c)(3), 
(c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a condenser as 
the add-on air pollution control device, and demonstrating compliance in 
accordance with Sec.  63.704(b)(2), shall install, calibrate, operate, 
and maintain a thermocouple to measure continuously the temperature of 
the condenser vapor exhaust stream whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average vapor exhaust temperature greater than 
the site-specific operating parameter value or values established in 
accordance with Sec.  63.704(b)(2) for any 3-hour period shall 
constitute a violation of Sec.  63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i) or (i).
    (5) Owners or operators complying with Sec.  63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a thermal 
incinerator and demonstrating compliance in accordance with Sec.  
63.704(b)(3) shall install, calibrate, operate, and maintain a 
thermocouple to measure continuously the combustion temperature whenever 
HAP from magnetic tape manufacturing operations are vented to the 
control device. Operation of the control device at an average combustion 
temperature less than the operating parameter value or values 
established in accordance with Sec.  63.704(b)(3) for any 3-hour period 
shall constitute a violation of Sec.  63.703 (c)(1), (c)(2), (c)(3), 
(c)(4), (e)(1)(i), or (f)(1)(i).
    (6) Owners or operators complying with Sec.  63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a catalytic 
incinerator and demonstrating compliance in accordance

[[Page 240]]

with Sec.  63.704(b)(4) shall install, calibrate, operate, and maintain 
a thermocouple to measure continuously the gas temperature both upstream 
and downstream of the catalyst bed whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average upstream gas temperature, or at an 
average gas temperature difference across the catalyst bed, less than 
the operating parameter values established in accordance with Sec.  
63.704(b)(4) for any 3-hour period shall constitute a violation of Sec.  
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i).
    (7) Owners or operators complying with Sec.  63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) by capturing emissions 
through a room, enclosure, or hood shall install, calibrate, operate, 
and maintain the instrumentation necessary to measure continuously the 
site-specific operating parameter established in accordance with Sec.  
63.704(b)(6) whenever HAP from magnetic tape manufacturing operations 
are vented through the capture device. Operation of the capture device 
at an average value greater than or less than (as appropriate) the 
operating parameter value established in accordance with Sec.  
63.704(b)(6) for any 3-hour period shall constitute a violation of Sec.  
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i).
    (8) The owner or operator of an affected source complying with Sec.  
63.703(c)(5) shall demonstrate continuous compliance by using a coating 
that has a HAP content of no greater than 0.18 kilograms of HAP per 
liter of coating solids, as measured in accordance with Sec.  
63.705(c)(5), and by maintaining and reporting the records required by 
Sec. Sec.  63.706(f) and 63.707(e) and (i)(2).
    (9) For owners or operators complying with Sec.  63.703 (c)(1), 
(c)(3), or (c)(4) through the use of a solvent recovery device and 
demonstrating initial compliance in accordance with the provisions of 
Sec.  63.705(c)(1), continuous compliance shall be demonstrated using 
procedures in Sec.  63.705(c)(1) and through the recordkeeping and 
reporting requirements of Sec. Sec.  63.706(d), 63.707(d), and 
63.707(i)(5). The provisions of Sec.  63.8(b) (2) and (3), (c), (d), 
(e), (f), and (g) (1), and (2) of subpart A do not apply.
    (10) The owner or operator of an affected emission point using a 
vent system that contains bypass lines (not including equipment such as 
low leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, and pressure relief valves needed for safety purposes) that could 
potentially divert a vent stream away from the control device used to 
comply with Sec.  63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), 
(f)(1)(i), or (i) shall:
    (i) Install, calibrate, maintain, and operate a flow indicator that 
provides a record of vent stream flow at least once every 15 minutes; 
records shall be generated as specified in Sec.  63.706(c)(1); and the 
flow indicator shall be installed at the entrance to any bypass line 
that could divert the vent stream away from the control device to the 
atmosphere; or
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line; or
    (iii) Ensure that any bypass line valve is in the closed position 
through continuous monitoring of valve position; the monitoring system 
shall be inspected at least once every month to ensure that it is 
functioning properly; or
    (iv) Use an automatic shutdown system in which any HAP-emitting 
operations are ceased when flow from these operations is diverted away 
from the control device to any bypass line; the automatic system shall 
be inspected at least once every month to ensure that it is functioning 
properly.
    (d) Owners or operators complying with Sec.  63.703(g) shall 
demonstrate continuous compliance in accordance with paragraph (d)(1) or 
(d)(2) of this section.
    (1) An owner or operator that established the steam-to-feed ratio as 
the site-specific operating parameter in accordance with Sec.  
63.704(b)(10)(i) shall continuously measure the steam-to-feed ratio 
whenever HAP-containing

[[Page 241]]

wastewater from magnetic tape manufacturing operations is being fed to 
the steam stripper. Operation of the steam stripper at a steam-to-feed 
ratio less than the operating parameter value or values established in 
accordance with Sec.  63.704(b)(10)(i) for any 3-hour period shall 
constitute a violation of Sec.  63.703(g).
    (2) An owner or operator that established the total outlet VOHAP 
concentration of the wastewater discharge as the site-specific operating 
parameter in accordance with Sec.  63.704(b)(10)(ii) shall measure the 
total VOHAP concentration of the wastewater discharge once per month. 
Operation of the control device at an outlet VOHAP concentration greater 
than the operating parameter value or values established in accordance 
with Sec.  63.704(b)(10)(ii) for any month shall constitute a violation 
of Sec.  63.703(g).
    (e) Owners or operators complying with Sec.  63.703(d)(2) of this 
subpart through the use of a baghouse or fabric filter shall perform 
visible emission testing each day that particulate HAP transfer occurs, 
using the procedures in Sec.  63.705(b)(10). Owners or operators shall 
also install, calibrate, and operate the instrumentation necessary to 
continuously monitor the ventilation air flow rate in the inlet duct to 
the baghouse or fabric filter whenever particulate HAP transfer occurs. 
The occurrence of visible emissions shall constitute a violation of 
Sec.  63.703(d)(2), and the operation of the baghouse or fabric filter 
at a flow rate less than the value or values established in accordance 
with Sec.  63.704(b)(7) for any 3-hour period shall constitute a 
violation of Sec.  63.703(d)(2).
    (f) An owner or operator who uses an air pollution control device 
not listed in Sec.  63.704 to comply with Sec.  63.703(c), (e)(1)(i), 
(f)(1)(i), or (i), or a device other than a steam stripper to comply 
with Sec.  63.703(g) shall submit to the Administrator a description of 
the device, test data verifying the performance of the device, and 
appropriate site-specific operating parameters that will be monitored to 
demonstrate continuous compliance with the standard. The monitoring plan 
submitted by an owner or operator in accordance with this paragraph is 
subject to approval by the Administrator.



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

    (a) Except as specified in Sec.  63.705(a) (1) through (3), to 
determine initial compliance with the emission limits under Sec.  63.703 
(c), (d)(2), (e)(1), (f)(1), and (g), the owner or operator shall 
conduct an initial performance demonstration as required under Sec.  
63.7 using the procedures and test methods listed in Sec.  63.7 and 
Sec.  63.705. If multiple emission points are vented to one common 
control device to meet the requirements of Sec.  63.703 (c), (d)(2), 
(e)(1), and (f)(1), only one performance test is required to demonstrate 
initial compliance for that group of emission points. This section also 
contains initial compliance demonstration procedures (other than 
testing) for owners or operators subject to Sec.  63.703 (c), (d)(1), 
(e)(1)(ii), (f)(1)(ii), and (g).
    (1) A control device (not enclosure) used to comply with Sec.  
63.703 (c), (e), or (f) does not need to be tested if each of the 
following criteria are met:
    (i) It is used to control gaseous HAP emissions from an existing 
affected source;
    (ii) It is operating prior to March 11, 1994;
    (iii) It is equipped with continuous emission monitors for 
determining inlet and outlet total HAP or VOC concentration, such that a 
percent efficiency can be calculated; and
    (iv) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec.  63.704(c)(3)(i).
    (2) The owner or operator is not required to conduct an initial 
performance test if the requirements of Sec.  63.7(e)(2)(iv) or Sec.  
63.7(h) are met.
    (3) An owner or operator is not required to conduct an initial 
performance test for a capture device when:
    (i) The room, enclosure, or vent was previously tested to 
demonstrate compliance with subpart SSS of part 60; and
    (ii) Sufficient data were gathered during the test to establish 
operating parameter values in accordance with Sec.  63.704(b)(6) (i), 
(ii), and (iii).
    (b) When an initial compliance demonstration is required by this 
subpart, the procedures in paragraphs (b)(1)

[[Page 242]]

through (b)(10) of this section shall be used in determining initial 
compliance with the provisions of this subpart.
    (1) EPA Method 24 of appendix A of part 60 is used to determine the 
VOC content in coatings. If it is demonstrated to the satisfaction of 
the Administrator that plant coating formulation data are equivalent to 
EPA Method 24 results, formulation data may be used. In the event of any 
inconsistency between an EPA Method 24 test and an affected source's 
formulation data, the EPA Method 24 test will govern. For EPA Method 24, 
the coating sample must be a 1-liter sample taken into a 1-liter 
container at a location and time such that the sample will be 
representative of the coating applied to the base substrate (i.e., the 
sample shall include any dilution solvent or other VOC added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is taken. Any solvent or other VOC added after the 
sample is taken must be measured and accounted for in the calculations 
that use EPA Method 24 results.
    (2) Formulation data is used to determine the HAP content of 
coatings.
    (3) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
HAP or VOC concentration of air exhaust streams as required by Sec.  
63.705(c). The owner or operator shall submit notice of the intended 
test method to the Administrator for approval along with the 
notification of the performance test required under Sec.  63.7(b). 
Method selection shall be based on consideration of the diversity of 
organic species present and their total concentration and on 
consideration of the potential presence of interfering gases. Except as 
indicated in paragraphs (b)(3) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to Sec.  63.705(c) (2) or (4), the test shall consist 
of three separate runs, each coinciding with one or more complete 
sequences through the adsorption cycles of all of the individual carbon 
adsorber vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with individual exhaust stacks for each carbon adsorber vessel 
pursuant to Sec.  63.705(c) (3) or (4), each carbon adsorber vessel 
shall be tested individually. The test for each carbon adsorber vessel 
shall consist of three separate runs. Each run shall coincide with one 
or more complete adsorption cycles.
    (4) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (5) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for 
velocity and volumetric flow rates.
    (6) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (7) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (8) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (9) Wastewater analysis shall be conducted in accordance with 
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) Use Method 305 of 40 CFR part 63, appendix A and the equations 
in paragraphs (b)(9)(i) (A) and (B) of this section to determine the 
total VOHAP concentration of a wastewater stream.
    (A) The following equation shall be used to calculate the VOHAP 
concentration of an individually speciated HAP.
[GRAPHIC] [TIFF OMITTED] TR15DE94.003


[[Page 243]]


where:

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

    (B) Total VOHAP concentration (stream) can be determined by summing 
the VOHAP concentrations of all individually speciated organic HAP in 
the wastewater.
[GRAPHIC] [TIFF OMITTED] TR15DE94.004

where:

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

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

[[Page 244]]

this procedure, Sec.  63.7(e)(3) of subpart A does not apply. The amount 
of liquid HAP or VOC applied and recovered shall be determined as 
discussed in paragraph (c)(1)(iii) of this section. The overall HAP or 
VOC emission reduction (R) is calculated using equation 1:
[GRAPHIC] [TIFF OMITTED] TR15DE94.005

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds 
zero.
    (ii) The measurement techniques of paragraph (c)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec.  63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (c)(1) of this section shall:
    (A) Measure the amount of coating applied at the coater;
    (B) Determine the VOC or HAP content of all coating applied using 
the test method specified in Sec.  63.705(b) (1) or (2);
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7-day 
periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this 
certification shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7-day periods using Equation 1.
    (iv) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiency required by Sec.  63.703 
(c)(1), (c)(3), or (c)(4).
    (2) To demonstrate initial compliance with Sec.  63.703 (c)(1), 
(c)(2), (c)(3), or (c)(4) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec.  63.705(b) (3) through (8).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:
    (A) Build a temporary total enclosure (see Sec.  63.702) around the 
affected HAP emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens.
    All ventilation air must be vented through stacks suitable for 
testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 2:
[GRAPHIC] [TIFF OMITTED] TR15DE94.006

    (v) Determine the efficiency (F) of the capture system using 
equation 3:

[[Page 245]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.007

    (vi) For each HAP emission point subject to Sec.  63.703, compliance 
is demonstrated if either of the following conditions are met:
    (A) The product of (E) x (F) is equal to or greater than the overall 
HAP control efficiency required by Sec.  63.703(c)(1), (c)(3), or 
(c)(4); or
    (B) When the owner or operator is subject to Sec.  63.703(c)(2), the 
value of F is equal to 1 and the value of Caj at the outlet 
of the incinerator is demonstrated to be no greater than 20 ppmv by 
compound, on a dry basis.
    (3) To demonstrate compliance with Sec.  63.703(c)(1), (c)(3), or 
(c)(4) when affected HAP emission points are controlled by a fixed-bed 
carbon adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec.  63.705(b) (3) through (8);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in Sec.  63.705(c)(2)(ii) (A) and (B);
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
carbon adsorber vessel (v) using equation 4:
[GRAPHIC] [TIFF OMITTED] TR15DE94.008

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

    (vi) Determine the efficiency (F) of the capture system using 
equation (3).
    (vii) For each HAP emission point subject to Sec.  63.703(c), 
compliance is demonstrated if the product of (Hsys) x (F) is 
equal to or greater than the overall HAP control efficiency required by 
Sec.  63.703(c)(1), (c)(3), or (c)(4).
    (4) An alternative method of demonstrating compliance with Sec.  
63.703(c)(1) through (c)(4) is the installation of a total enclosure 
around the affected HAP emission point(s) and the ventilation of all HAP 
emissions from the total enclosure to a control device with the 
efficiency or outlet concentration specified in paragraph (c)(4)(iii) of 
this section. If this method is selected, the compliance test methods 
described in paragraphs (c)(1), (c)(2), and (c)(3) of this section are 
not required. Instead, each owner or operator of an affected source 
shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (c)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) Total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of

[[Page 246]]

four equivalent diameters away from each natural draft opening;
    (C) Average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in Sec.  
63.705(b) (4) and (5); volumetric flow rates shall be calculated without 
the adjustment normally made for moisture content; and
    (2) Determine FV by equation 6:
    [GRAPHIC] [TIFF OMITTED] TR15DE94.010
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation (2) or 
equations (4) and (5), as applicable, and the test methods and 
procedures specified in Sec.  63.705(b) (3) through (8).
    (iii) Be in compliance if either of the following criteria are met:
    (A) The installation of a total enclosure is demonstrated and the 
value of E determined from equation (2) (or the value of Hsys 
determined from equations (4) and (5), as applicable) is equal to or 
greater than the overall HAP control efficiency required by Sec.  63.703 
(c)(1), (c)(3), or (c)(4); or
    (B) When the owner or operator is subject to Sec.  63.703(c)(2), the 
installation of a total enclosure is demonstrated and the value of 
Caj at the outlet of the incinerator is demonstrated to be no 
greater than 20 ppmv by compound, on a dry basis.
    (5) To demonstrate initial and continuous compliance with Sec.  
63.703(c)(5), each owner or operator of an affected source shall 
determine the mass of HAP contained in the coating per volume of coating 
solids applied for each batch of coating applied, according to the 
procedures of paragraphs (c)(5) (i) through (iii) of this section. If a 
batch of coating is identical to a previous batch of coating applied, 
the original calculations can be used to demonstrate the compliance of 
subsequent identical batches. The calculation of the HAP content of the 
coating used to demonstrate initial compliance with Sec.  63.703(c)(5) 
shall be submitted to the Administrator with the notification of 
compliance status required by Sec.  63.9(h) and Sec.  63.707(e). When 
demonstrating compliance by this procedure, Sec.  63.7(e)(3) of subpart 
A does not apply.
    (i) Determine the weight fraction of HAP in each coating applied 
using formulation data as specified in Sec.  63.705(b)(2);
    (ii) Determine the volume of coating solids in each coating applied 
from the facility records; and
    (iii) Compute the mass of HAP per volume of coating solids by 
equation 7:

[[Page 247]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.011

    (iv) The owner or operator of an affected source is in compliance 
with Sec.  63.703(c)(5) if the value of G is less than or equal to 0.18 
kilogram of HAP per liter of coating solids applied.
    (6) When nonregenerative carbon adsorbers are used to comply with 
Sec.  63.703(c)(1), the owner or operator may conduct a design 
evaluation to demonstrate initial compliance in lieu of following the 
compliance test procedures of paragraph (c) (1), (2), (3), or (4) of 
this section. The design evaluation shall consider the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature, and shall establish the design exhaust vent stream 
organic compound concentration level, capacity of the carbon bed, type 
and working capacity of activated carbon used for the carbon bed, and 
design carbon replacement interval based on the total carbon working 
capacity of the control device and the emission point operating 
schedule.
    (d)(1) To demonstrate initial compliance with Sec.  63.703(c) when 
hard piping or ductwork is used to direct HAP emissions from a HAP 
source to the control device, each owner or operator shall demonstrate 
upon inspection that the criteria of paragraph (d)(1)(i) and paragraph 
(d)(1) (ii) or (iii) are met.
    (i) The equipment must be vented to a control device.
    (ii) The control device efficiency (E or Hsys, as 
applicable) determined using equation (2) or equations (4) and (5), 
respectively, and the test methods and procedures specified in Sec.  
63.705(b) (3) through (8), must be equal to or greater than the overall 
HAP control efficiency required by Sec.  63.703 (c)(1), (c)(3), or 
(c)(4), or the outlet concentration must be no greater than 20 ppmv by 
compound, on a dry basis, as required by Sec.  63.703(c)(2).
    (iii) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) must be vented to the control device 
and the carbon adsorber must be demonstrated, through the procedures of 
Sec.  63.705(c) (1), (2), (3), (4), or (6) to meet the requirements of 
Sec.  63.703(c)(1).
    (2) To demonstrate initial compliance with provisions for mix 
preparation equipment, owners or operators shall, in addition to 
paragraph (d)(1) of this section, ensure that covers are closed at all 
times except when adding ingredients, withdrawing samples, transferring 
the contents, or making visual inspection when such activities cannot be 
carried out with the cover in place. Such activities shall be carried 
out through ports of the minimum practical size.
    (e) To demonstrate initial compliance with Sec.  63.703(e), the 
owner or operator of a wash sink subject to the provisions of this 
standard shall:
    (1) If complying with Sec.  63.703(e)(1)(ii), maintain at least the 
required minimum freeboard ratio at all times; or
    (2) If complying with Sec.  63.703(e)(1)(i), the owner or operator 
of an existing wash sink that vents emissions from the wash sink to a 
control device prior to March 11, 1994 must demonstrate that the control 
device is at least 95-percent efficient in accordance with Sec.  
63.705(c) (2), (3), (4), or (6); or
    (3) If complying with Sec.  63.703(e)(1)(i), each owner or operator 
that vents emissions from the wash sink, through a capture device, and 
to a control device starting on or after March 11, 1994, must 
demonstrate that the overall HAP control efficiency is at least 88 
percent using the test methods and procedures in Sec.  63.705(c) (2), 
(3), (4), or (6).
    (f) To demonstrate initial compliance with Sec.  63.703(f), the 
owner or operator shall:
    (1) If complying with Sec.  63.703(f)(1)(ii), install and use a 
closed system for flushing fixed lines; or
    (2) If complying with Sec.  63.703(f)(1)(i), each owner or operator 
that vents emissions from the flushing operation, through a capture 
device, and to a control device must demonstrate that the overall HAP 
control efficiency is at least 95 percent using the test methods

[[Page 248]]

and procedures in Sec.  63.705(c) (2), (3), (4), or (6).
    (g) To demonstrate initial compliance with Sec.  63.703(d), the 
owner or operator shall:
    (1) If complying with Sec.  63.703(d)(1), install an enclosed 
transfer device for conveying particulate HAP, and use this device, 
following manufacturer's specifications or other written procedures 
developed for the device; or
    (2) If complying with Sec.  63.703(d)(2):
    (i) Test the baghouse or fabric filter to demonstrate that there are 
no visible emissions using the test method in Sec.  63.705(b)(10); and
    (ii) provide engineering calculations in accordance with Sec.  
63.707(h) of this subpart with the performance test results required by 
Sec.  63.7(g)(1) and Sec.  63.9(h) of subpart A, to demonstrate that the 
ventilation rate from the particulate transfer activity to the control 
device is sufficient for capturing the particulate HAP.
    (h) To demonstrate initial compliance with Sec.  63.703(g), the 
owner or operator of an affected source shall follow the compliance 
procedures of either paragraph (h)(1), paragraph (h)(2), or paragraph 
(h)(3) of this section.
    (1) The owner or operator shall submit to the permitting authority 
with the notification of compliance status required by Sec.  63.9(h) and 
Sec.  63.707(f) the design specifications demonstrating that the control 
technique meets the required efficiency for each HAP compound. For steam 
strippers, these specifications shall include at a minimum: feed rate, 
steam rate, number of theoretical trays, number of actual trays, feed 
composition, bottoms composition, overheads composition, and inlet feed 
temperature.
    (2) The owner or operator shall demonstrate the compliance of a 
treatment process with the parts per million by weight (ppmw) wastewater 
stream concentration limits specified in Sec.  63.703(g)(1)(ii) by 
measuring the concentration of total VOHAP at the outlet of the 
treatment process using the method specified in Sec.  63.705(b)(9) (i) 
or (ii). A minimum of three representative samples of the wastewater 
stream exiting the treatment process, which are representative of normal 
flow and concentration conditions, shall be collected and analyzed. 
Wastewater samples shall be collected using the sampling procedures 
specified in Method 25D of appendix A of part 60. Where feasible, 
samples shall be taken from an enclosed pipe prior to the wastewater 
being exposed to the atmosphere. When sampling from an enclosed pipe is 
not feasible, a minimum of three representative samples shall be 
collected in a manner that minimizes exposure of the sample to the 
atmosphere and loss of organic HAP prior to analysis.
    (3) The owner or operator shall demonstrate the compliance of a 
treatment process with the HAP fraction removed requirement specified in 
Sec.  63.703(g)(1)(i) by measuring the concentration of each HAP at the 
inlet and outlet of the treatment process using the method specified in 
Sec.  63.705(b)(9) (i) or (ii) and the procedures of paragraphs (h)(3) 
(i) through (iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP 
compound entering the treatment process (Eb) and exiting the 
treatment process (Ea) shall be determined by computing the 
product of the flow rate of the wastewater stream entering or exiting 
the treatment process, and the HAP concentration of each individual HAP 
compound of the entering or exiting wastewater streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using inlet and outlet flow meters, respectively.
    (B) The average HAP concentration of each individual HAP of the 
entering and exiting wastewater streams shall be determined according to 
the procedures specified in either paragraph (b)(9)(i)(A) or 
(b)(9)(ii)(B) of this section. If measuring the VOHAP concentration of 
an individual HAP in accordance with Sec.  63.705(b)(9)(i)(A), the 
concentrations of the individual organic VOHAP measured in the water 
shall be corrected to a HAP concentration by dividing each VOHAP 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.

[[Page 249]]

    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of three runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of three runs conducted over the same 3-hour period at which the 
total HAP mass flow rate entering the treatment process is determined.
    (E) The HAP mass flow rates of each individual HAP compound entering 
and exiting the treatment process are calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE94.012

where:

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

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

where:

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

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



Sec.  63.706  Recordkeeping requirements.

    (a) Except as stipulated in Sec.  63.703 (b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable recordkeeping requirements in 
Sec.  63.10 of subpart A, as outlined in Table 1.
    (b) The owner or operator of an affected source subject to this 
subpart that is also subject to the requirements of Sec.  
63.703(e)(1)(ii) (a minimum freeboard ratio of 75 percent), shall record 
whether or not the minimum freeboard ratio has been achieved every time 
that HAP solvent is added to the wash sink. A measurement of the actual 
ratio is not necessary for each record as long as the owner or operator 
has a reliable method for making the required determination. For 
example, the record may be made by comparing the HAP solvent level to a 
permanent mark on the sink that corresponds to a 75 percent freeboard 
ratio. A HAP solvent level in the sink higher than the mark would 
indicate the minimum ratio has not been achieved.

[[Page 250]]

    (c) The owner or operator of an affected source subject to this 
subpart that is subject to the requirements of Sec.  63.704(c)(10) 
shall:
    (1) If complying with Sec.  63.704(c)(10)(i), maintain hourly 
records of whether the flow indicator was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
and durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating;
    (2) If complying with Sec.  63.704(c)(10) (ii), (iii), or (iv), 
maintain a record of monthly inspections, and the records of the times 
and durations of all periods when:
    (i) Flow was diverted through any bypass line such that the seal 
mechanism was broken;
    (ii) The key for a lock-and-key type lock had been checked out;
    (iii) The valve position on any bypass line changed to the open 
position; or
    (iv) The diversion of flow through any bypass line caused a shutdown 
of HAP-emitting operations.
    (d) The owner or operator of an affected source that is complying 
with Sec.  63.703(c) by performing a material balance in accordance with 
Sec.  63.705(c)(1) shall:
    (1) Maintain a record of each 7-day rolling average calculation; and
    (2) Maintain a record of the certification of the accuracy of the 
device that measures the amount of HAP or VOC recovered.
    (e) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec.  63.703 (b) and (h) shall maintain 
records of the calculations used to determine the limits on the amount 
of HAP utilized as specified in Sec.  63.703(b)(2), and of the HAP 
utilized in each month and the sum over each 12-month period.
    (f) The owner or operator of an affected source subject to the 
provisions of Sec.  63.703(c)(5) shall keep records of the HAP content 
of each batch of coating applied as calculated according to Sec.  
63.705(c)(5), and records of the formulation data that support the 
calculations. When a batch of coating applied is identical to a previous 
batch applied, only one set of records is required to be kept.
    (g) The owner or operator of an affected source that is complying 
with Sec.  63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with Sec.  
63.705(c)(6) shall maintain records to support the outlet VOC or HAP 
concentration value or the carbon replacement time established as the 
site-specific operating parameter to demonstrate compliance.
    (h) In accordance with Sec.  63.10(b)(1) of subpart A, the owner or 
operator of an affected source subject to the provisions of this subpart 
shall retain all records required by this subpart and subpart A for at 
least 5 years following their collection.



Sec.  63.707  Reporting requirements.

    (a) Except as stipulated in Sec.  63.703(b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable reporting requirements in 
Sec.  63.7 through Sec.  63.10, as outlined in Table 1 to this subpart. 
These reports shall be submitted to the Administrator or delegated 
State.
    (b) The owner or operator of an existing magnetic tape manufacturing 
operation subject to Sec.  63.703(b) and (h) shall include the values of 
the limits on the amount of HAP utilized as determined in Sec.  
63.703(b)(2), along with supporting calculations, in the initial 
notification report required by Sec.  63.9(b).
    (c) The owner or operator of a new magnetic tape manufacturing 
operation subject to Sec.  63.703(h) shall include the values of the 
limits on the amount of HAP utilized as determined in Sec.  
63.703(b)(2), along with supporting calculations, and the amount of HAP 
expected to be utilized during the first consecutive 12-month period of 
operation in the initial notification report required by Sec.  63.9(b).
    (d) The owner or operator subject to Sec.  63.703(c) and following 
the compliance provisions of Sec.  63.705(c)(1) (material balance 
calculation) shall include with the notification of compliance status 
required by Sec.  63.9(h) the results of the initial material balance 
calculation.
    (e) The owner or operator subject to Sec.  63.703(c)(5) and 
following the compliance provisions of Sec.  63.705(c)(5) (low-HAP 
coating) shall include with the

[[Page 251]]

notification of compliance status required by Sec.  63.9(h) the results 
of the initial low-HAP coating demonstration.
    (f) The owner or operator subject to the provisions of Sec.  
63.703(g) and demonstrating compliance in accordance with Sec.  
63.705(h)(1) shall submit to the permitting authority with the 
notification of compliance status required by Sec.  63.9(h) the design 
specifications demonstrating that the control technique meets the 
required efficiency. For steam strippers, these specifications shall 
include at a minimum: feed rate, steam rate, number of theoretical 
trays, number of actual trays, feed composition, bottoms composition, 
overheads composition, and inlet feed temperature.
    (g) The owner or operator of an affected source that is complying 
with Sec.  63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with Sec.  
63.705(c)(6) shall submit to the permitting authority with the 
notification of compliance status required by Sec.  63.9(h) the design 
evaluation.
    (h) The owner or operator of an affected source that is complying 
with Sec.  63.703(d) through the use of a baghouse or fabric filter and 
demonstrating initial compliance in accordance with Sec.  63.705(g)(2) 
shall submit to the permitting authority with the notification of 
compliance status required by Sec.  63.9(h) the engineering calculations 
that support the minimum ventilation rate needed to capture HAP 
particulates for delivery to the control device.
    (i) Excess emissions and continuous monitoring system performance 
report and summary reports shall be submitted as required by Sec.  
63.10(e).
    (1) The owner or operator of an affected source subject to Sec.  
63.704 shall include deviations of monitored values from the operating 
parameter values required by Sec.  63.704(c) in the reports. In the case 
of exceedances, the report must also contain a description and timing of 
the steps taken to address the cause of the exceedance.
    (2) The owner or operator of an affected source subject to Sec.  
63.703(c)(5) shall report the HAP content of each batch of coating 
applied as the monitored operating parameter value in the reports.
    (3) The owner or operator of an affected source subject to Sec.  
63.703(e)(1)(ii) and maintaining a minimum freeboard ratio of 75 percent 
shall report violations of the standard (freeboard ratio is less than 75 
percent) in the reports.
    (4) The owner or operator of an affected source subject to Sec.  
63.704(c)(10) of this subpart shall include records of any time period 
and duration of time that flow was diverted from the control device, as 
well as the results of monthly inspections required by Sec.  
63.704(c)(10)(ii), (iii), and (iv) in the reports.
    (5) The owner or operator of an affected source complying with Sec.  
63.703(c) by performing a material balance calculation in accordance 
with Sec.  63.705(c)(1) shall report any exceedances of the standard, as 
demonstrated through the calculation, in the reports.
    (j) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec.  63.703(h) shall report the amount of 
HAP utilized in each 12-month period in an annual report to the 
Administrator according to the following schedule:
    (1) For existing sources, the first report shall cover the 12-month 
period prior to the source's compliance date and shall be submitted to 
the Administrator no later than 30 days after the compliance date; and
    (2) For new sources, the first report shall include the quantity of 
HAP that is expected to be utilized during the first 12 months of 
operation and shall be submitted to the Administrator no later than 30 
days after the compliance date;
    (3) Annual reports shall be submitted to the Administrator no later 
than 30 days after the last 12-month period included in the report; and
    (4) A report shall also be submitted no later than 30 days after 
monthly records required to be maintained by Sec.  63.706(e) indicate 
that any limit on the amount of HAP utilized has been exceeded. The 
report shall indicate the amount by which the limit has been exceeded.

[[Page 252]]

    (k) The owner or operator establishing an alternate HAP outlet 
concentration limit in accordance with Sec. Sec.  63.703(i) and 
63.704(b)(11)(ii) shall:
    (1) To support the proposed limit, submit the following within 180 
days following completion of the performance test required by Sec.  
63.7:
    (i) The performance test or CEM data collected to establish the 
limit;
    (ii) Records of when coating operations were down;
    (iii) The rationale for the alternate proposed limit; and
    (iv) A statement signed by a responsible official of the company 
that the control device was operated in accordance with good air 
pollution control practices and in the same manner it was operated to 
achieve compliance with the emission limitation for coating operations; 
and
    (2) In the excess emissions and continuous monitoring system 
performance report and summary report required by Sec.  63.10(e)(3), 
include parameter or CEM data to demonstrate compliance or noncompliance 
with the alternate outlet HAP concentration established in accordance 
with Sec. Sec.  63.703(i) and 63.704(b)(11)(ii) once the limit is 
approved.



Sec.  63.708  Implementation and enforcement.

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

[68 FR 37352, June 23, 2003]



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

------------------------------------------------------------------------
                              Applies to subpart
         Reference                    EE                  Comment
------------------------------------------------------------------------
63.1(a)(1).................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.1(a)(2)-(14)............  Yes.
63.1(b)(1)-(3).............  Yes.
63.1(c)(1).................  Yes................  Subpart EE specifies
                                                   the applicability of
                                                   each paragraph in
                                                   subpart A to sources
                                                   subject to subpart
                                                   EE.
63.1(c)(2).................  No.................  The applicability of
                                                   Sec.  Sec.
                                                   63.701(a)(2) and
                                                   63.703 (b) and (h) to
                                                   a source does not in
                                                   and of itself make a
                                                   source subject to
                                                   part 70.
63.1(c)(4)-(5).............  Yes.
63.1(c)(6).................  Yes................
63.1(e)....................  Yes.
63.2.......................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.3.......................  Yes................  Units specific to
                                                   subpart EE are
                                                   defined in subpart
                                                   EE.
63.4(a)(1)-(3).............  Yes.
63.4(a)(5).................  Yes.
63.4(b)....................  Yes.

[[Page 253]]

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

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63.9(f)....................  Yes.
63.9(g)(1).................  Yes.
63.9(g)(2).................  No.
63.9(g)(3).................  Yes.
63.9(h)(1)-(3).............  Yes.
63.9(h)(5)-(6).............  Yes.
63.9(i)....................  Yes.
63.9(j)....................  Yes.
63.9(k)....................  Yes................  Only as specified in
                                                   Sec.   63.9(j).
63.10(a)...................  Yes.
63.10(b)(1)................  Yes.
63.10(b)(2)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these time
                                                   periods.
63.10(b)(3)................  Yes.
63.10(c)(1)................  Yes.
63.10(c)(5)-(8)............  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.10(c)(10)-(15)..........  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.10(d)(1)-(2)............  Yes.
63.10(d)(3)................  Yes................  This requirement
                                                   applies only for the
                                                   visible emissions
                                                   test required under
                                                   Sec.   63.705(g)(2).
                                                   The results of
                                                   visible emissions
                                                   tests under Sec.
                                                   63.704(e) shall be
                                                   reported as required
                                                   in Sec.
                                                   63.10(e)(3).
63.10(d)(4)................  Yes.
63.10(d)(5)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.(10)(e)(1)..............  Yes.
63.10(e)(2)(i).............  Yes.
63.10(e)(2)(ii)............  No.
63.10(e)(3)(i)-(v).........  Yes.
63.10(e)(3)(vi)-(viii).....  Yes................  Except emissions/CMS
                                                   performance during
                                                   startup and shutdown
                                                   do not need to be
                                                   specified because the
                                                   standards apply
                                                   during startup and
                                                   shutdown.
63.10(e)(4)................  No.
63.10(f)...................  Yes.
63.11-63.15................  Yes.
------------------------------------------------------------------------


[59 FR 64596, Dec. 15, 1994, as amended at 85 FR 73894, Nov. 19, 2020; 
85 FR 84262, Dec. 28, 2020]

Subpart FF [Reserved]



 Subpart GG_National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

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



Sec.  63.741  Applicability and designation of affected sources.

    (a) This subpart applies to facilities that are engaged, either in 
part or in whole, in the manufacture or rework of commercial, civil, or 
military aerospace vehicles or components and that are major sources as 
defined in Sec.  63.2.
    (b) The owner or operator of an affected source shall comply with 
the requirements of this subpart and of subpart A of this part, except 
as specified in Sec.  63.743(a) and Table 1 of this subpart.
    (c) Affected sources. The affected sources to which the provisions 
of this subpart apply are specified in paragraphs (c)(1) through (8) of 
this section. The activities subject to this subpart are limited to the 
manufacture or rework of aerospace vehicles or components as defined in 
this subpart. Where a dispute arises relating to the applicability of 
this subpart to a specific activity, the owner or operator shall 
demonstrate whether or not the activity is regulated under this subpart.
    (1) Each cleaning operation as follows:
    (i) All hand-wipe cleaning operations constitute an affected source.
    (ii) Each spray gun cleaning operation constitutes an affected 
source.
    (iii) All flush cleaning operations constitute an affected source.
    (2) For organic HAP or VOC emissions, each primer application 
operation, which is the total of all primer applications at the 
facility.

[[Page 255]]

    (3) For organic HAP or VOC emissions, each topcoat application 
operation, which is the total of all topcoat applications at the 
facility.
    (4) For organic HAP or VOC emissions, each specialty coating 
application operation, which is the total of all specialty coating 
applications at the facility.
    (5) For organic HAP or VOC emissions, each depainting operation, 
which is the total of all depainting at the facility.
    (6) Each chemical milling maskant application operation, which is 
the total of all chemical milling maskant applications at the facility.
    (7) Each waste storage and handling operation, which is the total of 
all waste handling and storage at the facility.
    (8) For inorganic HAP emissions, each spray booth, portable 
enclosure, or hangar that contains a primer, topcoat, or specialty 
coating application operation subject to Sec.  63.745(g), or a 
depainting operation subject to Sec.  63.746(b)(4).
    (d) An owner or operator of an affected source subject to this 
subpart shall obtain an operating permit from the permitting authority 
in the State in which the source is located. The owner or operator shall 
apply for and obtain such permit in accordance with the regulations 
contained in part 70 of this chapter and in applicable State 
regulations.
    (e) [Reserved]
    (f) This subpart does not regulate research and development, quality 
control, and laboratory testing activities, chemical milling, metal 
finishing, electrodeposition (except for electrodeposition of paints), 
composites processing (except for cleaning and coating of composite 
parts or components that become part of an aerospace vehicle or 
component as well as composite tooling that comes in contact with such 
composite parts or components prior to cure), electronic parts and 
assemblies (except for cleaning and topcoating of completed assemblies), 
manufacture of aircraft transparencies, and wastewater operations at 
aerospace facilities. These requirements do not apply to the rework of 
aircraft or aircraft components if the holder of the Federal Aviation 
Administration (FAA) design approval, or the holder's licensee, is not 
actively manufacturing the aircraft or aircraft components. These 
requirements also do not apply to parts and assemblies not critical to 
the vehicle's structural integrity or flight performance. The 
requirements of this subpart do not apply to primers, topcoats, 
specialty coatings, chemical milling maskants, strippers, and cleaning 
solvents that meet the definition of non-HAP material, as determined 
from manufacturer's representations, such as in a material safety data 
sheet or product data sheet, or testing, except that if an owner or 
operator chooses to include one or more non-HAP primer, topcoat, 
specialty coating, or chemical milling maskant in averaging under Sec.  
63.743(d), then the recordkeeping requirements of Sec.  63.752(c)(4) 
shall apply. The requirements of this subpart also do not apply to 
primers, topcoats, and specialty coatings that meet the definition of 
``classified national security information'' in Sec.  63.742. Additional 
specific exemptions from regulatory coverage are set forth in paragraphs 
(e), (g), (h), (i) and (j) of this section and Sec. Sec.  63.742, 
63.744(a)(1), (b), (e), 63.745(a), (f)(3), (g)(4), 63.746(a), (b)(5), 
63.747(c)(3), and 63.749(d).
    (g) The requirements for primers, topcoats, specialty coatings, and 
chemical milling maskants in Sec. Sec.  63.745 and 63.747 do not apply 
to the use of low-volume coatings in these categories for which the 
annual total of each separate formulation used at a facility does not 
exceed 189 l (50 gal), and the combined annual total of all such 
primers, topcoats, specialty coatings, and chemical milling maskants 
used at a facility does not exceed 757 l (200 gal). Primers, topcoats, 
and specialty coatings exempted under paragraph (f) of this section and 
under Sec.  63.745(f)(3) and (g)(4) are not included in the 50 and 200 
gal limits. Chemical milling maskants exempted under Sec.  63.747(c)(3) 
are also not included in these limits.
    (h) Regulated activities associated with space vehicles designed to 
travel beyond the limit of the earth's atmosphere, including but not 
limited to satellites, space stations, and the Space

[[Page 256]]

Shuttle System (including orbiter, external tanks, and solid rocket 
boosters), are exempt from the requirements of this subpart, except for 
depainting operations found in Sec.  63.746.
    (i) Any waterborne coating for which the manufacturer's supplied 
data demonstrate that organic HAP and VOC contents are less than or 
equal to the organic HAP and VOC content limits for its coating type, as 
specified in Sec. Sec.  63.745(c) and 63.747(c), is exempt from the 
following requirements of this subpart: Sec. Sec.  63.745 (d) and (e), 
63.747(d) and (e), 63.749 (d) and (h), 63.750 (c) through (h) and (k) 
through (n), 63.752 (c) and (f), and 63.753 (c) and (e). A facility 
shall maintain the manufacturer's supplied data and annual purchase 
records for each exempt waterborne coating readily available for 
inspection and review and shall retain these data for 5 years.
    (j) Regulated activities associated with the rework of antique 
aerospace vehicles or components are exempt from the requirements of 
this subpart.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15016, Mar. 27, 1998; 
63 FR 46532, Sept. 1, 1998; 80 FR 76179, Dec. 7, 2015]



Sec.  63.742  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Aerospace facility means any facility that produces, reworks, or 
repairs in any amount any commercial, civil, or military aerospace 
vehicle or component.
    Aerospace vehicle or component means any fabricated part, processed 
part, assembly of parts, or completed unit, with the exception of 
electronic components, of any aircraft including but not limited to 
airplanes, helicopters, missiles, rockets, and space vehicles.
    Aircraft fluid systems means those systems that handle hydraulic 
fluids, fuel, cooling fluids, or oils.
    Aircraft transparency means the aircraft windshield, canopy, 
passenger windows, lenses, and other components which are constructed of 
transparent materials.
    Airless and air-assisted airless spray mean any coating spray 
application technology that relies solely on the fluid pressure of the 
coating to create an atomized coating spray pattern and does not apply 
any atomizing compressed air to the coating before it leaves the spray 
gun nozzle. Air-assisted airless spray uses compressed air to shape and 
distribute the fan of atomized coating, but still uses fluid pressure to 
create the atomized coating.
    Antique aerospace vehicle or component means an aircraft or 
component thereof that was built at least 30 years ago. An antique 
aerospace vehicle would not routinely be in commercial or military 
service in the capacity for which it was designed.
    Carbon adsorber means one vessel in a series of vessels in a carbon 
adsorption system that contains carbon and is used to remove gaseous 
pollutants from a gaseous emission source.
    Carbon Adsorber control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Chemical milling maskant means a coating that is applied directly to 
aluminum components to protect surface areas when chemical milling the 
component with a Type I or Type II etchant. Type I chemical milling 
maskants are used with a Type I etchant and Type II chemical milling 
maskants are used with a Type II etchant. This definition does not 
include bonding maskants, critical use and line sealer maskants, and 
seal coat maskants. Additionally, maskants that must be used with a 
combination of Type I or II etchants and any of the above types of 
maskants (i.e., bonding, critical use and line sealer, and seal coat) 
are also not included in this definition. (See also Type I and Type II 
etchant definitions.)
    Chemical milling maskant application operation means application of 
chemical milling maskant for use with Type I or Type II chemical milling 
etchants.
    Classified National Security Information means information that has 
been determined pursuant to Executive Order 13526, ``Classified National 
Security Information,'' December 29, 2009 or any successor order to 
require protection against unauthorized disclosure and is marked to 
indicate its classified status when in documentary form. The

[[Page 257]]

term ``Classified Information'' is an alternative term that may be used 
instead of ``Classified National Security Information.''
    Cleaning operation means collectively spray gun, hand-wipe, and 
flush cleaning operations.
    Cleaning solvent means a liquid material used for hand-wipe, spray 
gun, or flush cleaning. This definition does not include solutions that 
contain HAP and VOC below the de minimis levels specified in Sec.  
63.741(f).
    Closed-cycle depainting system means a dust-free, automated process 
that removes permanent coating in small sections at a time and maintains 
a continuous vacuum around the area(s) being depainted to capture 
emissions.
    Coating means a material that is applied to a substrate for 
decorative, protective, or functional purposes. Such materials include, 
but are not limited to, paints, sealants, liquid plastic coatings, 
caulks, inks, adhesives, and maskants. Decorative, protective, or 
functional materials that consist only of protective oils for metal, 
acids, bases, or any combination of these substances; paper film or 
plastic film which may be pre-coated with an adhesive by the film 
manufacturer; or pre-impregnated composite sheets are not considered 
coatings for the purposes of this subpart. Materials in handheld non-
refillable aerosol containers, touch-up markers, and marking pens are 
also not considered coatings for the purposes of this subpart. A liquid 
plastic coating means a coating made from fine particle-size polyvinyl 
chloride (PVC) in solution (also referred to as a plastisol).
    Coating operation means the use of a spray booth, tank, or other 
enclosure or any area, such as a hangar, for the application of a single 
type of coating (e.g., primer); the use of the same spray booth for the 
application of another type of coating (e.g., topcoat) constitutes a 
separate coating operation for which compliance determinations are 
performed separately.
    Coating unit means a series of one or more coating applicators and 
any associated drying area and/or oven wherein a coating is applied, 
dried, and/or cured. A coating unit ends at the point where the coating 
is dried or cured, or prior to any subsequent application of a different 
coating. It is not necessary to have an oven or flashoff area in order 
to be included in this definition.
    Confined space means a space that: (1) Is large enough and so 
configured that an employee can bodily enter and perform assigned work; 
(2) has limited or restricted means for entry or exit (for example, fuel 
tanks, fuel vessels, and other spaces that have limited means of entry); 
and (3) is not suitable for continuous employee occupancy.
    Control device means destruction and/or recovery equipment used to 
destroy or recover HAP or VOC emissions generated by a regulated 
operation.
    Control system means a combination of pollutant capture system(s) 
and control device(s) used to reduce discharge to the atmosphere of HAP 
or VOC emissions generated by a regulated operation.
    Depainting means the removal of a permanent coating from the outer 
surface of an aerospace vehicle or component, whether by chemical or 
non-chemical means. For non-chemical means, this definition excludes 
hand and mechanical sanding, and any other non-chemical removal 
processes that do not involve blast media or other mechanisms that would 
result in airborne particle movement at high velocity.
    Depainting operation means the use of a chemical agent, media 
blasting, or any other technique to remove permanent coatings from the 
outer surface of an aerospace vehicle or components. The depainting 
operation includes washing of the aerospace vehicle or component to 
remove residual stripper, media, or coating residue.
    Electrodeposition of paint means the application of a coating using 
a water-based electrochemical bath process. The component being coated 
is immersed in a bath of the coating. An electric potential is applied 
between the component and an oppositely charged electrode hanging in the 
bath. The electric potential causes the ionized coating to be 
electrically attracted, migrated, and deposited on the component being 
coated.
    Electrostatic spray means a method of applying a spray coating in 
which an

[[Page 258]]

electrical charge is applied to the coating and the substrate is 
grounded. The coating is attracted to the substrate by the electrostatic 
potential between them.
    Exempt solvent means specified organic compounds that have been 
determined by the EPA to have negligible photochemical reactivity and 
are listed in 40 CFR 51.100.
    Exterior primer means the first layer and any subsequent layers of 
identically formulated coating applied to the exterior surface of an 
aerospace vehicle or component where the component is used on the 
exterior of the aerospace vehicle. Exterior primers are typically used 
for corrosion prevention, protection from the environment, functional 
fluid resistance, and adhesion of subsequent exterior topcoats. Coatings 
that are defined as specialty coatings are not included under this 
definition.
    Flush cleaning means the removal of contaminants such as dirt, 
grease, oil, and coatings from an aerospace vehicle or component or 
coating equipment by passing solvent over, into, or through the item 
being cleaned. The solvent may simply be poured into the item being 
cleaned and then drained, or be assisted by air or hydraulic pressure, 
or by pumping. Hand-wipe cleaning operations where wiping, scrubbing, 
mopping, or other hand action are used are not included.
    General aviation (GA) means that segment of civil aviation that 
encompasses all facets of aviation except air carriers, commuters, and 
military. General aviation includes charter and corporate-executive 
transportation, instruction, rental, aerial application, aerial 
observation, business, pleasure, and other special uses.
    General aviation rework facility means any aerospace facility with 
the majority of its revenues resulting from the reconstruction, repair, 
maintenance, repainting, conversion, or alteration of general aviation 
aerospace vehicles or components.
    Hand-wipe cleaning operation means the removal of contaminants such 
as dirt, grease, oil, and coatings from an aerospace vehicle or 
component by physically rubbing it with a material such as a rag, paper, 
or cotton swab that has been moistened with a cleaning solvent.
    Hazardous air pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    High efficiency particulate air (HEPA) filter means a filter that 
has a 99.97 percent reduction efficiency for 0.3 micron aerosol.
    High volume low pressure (HVLP) spray equipment means spray 
equipment that is used to apply coating by means of a spray gun that 
operates at 10.0 psig of atomizing air pressure or less at the air cap.
    Inorganic hazardous air pollutant (HAP) means any HAP that is not 
organic.
    Large commercial aircraft means an aircraft of more than 110,000 
pounds, maximum certified take-off weight manufactured for non-military 
use.
    Leak means any visible leakage, including misting and clouding.
    Limited access space means internal surfaces or passages of an 
aerospace vehicle or component that cannot be reached without the aid of 
an airbrush or a spray gun extension for the application of coatings.
    Mechanical sanding means aerospace vehicle or component surface 
conditioning which uses directional and random orbital abrasive tools 
and aluminum oxide or nylon abrasive pads for the purpose of corrosion 
rework, substrate repair, prepaint surface preparation, and other 
maintenance activities.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Non-chemical based depainting equipment means any depainting 
equipment or technique, including, but not limited to, media blasting 
equipment, that can depaint an aerospace vehicle or component in the 
absence of a chemical stripper. This definition does not include 
mechanical sanding or hand sanding.

[[Page 259]]

    Non-HAP material means, for the purposes of this subpart, a primer, 
topcoat, specialty coating, chemical milling maskant, cleaning solvent, 
or stripper that contains no more than 0.1 percent by mass of any 
individual organic HAP that is an Occupational Safety and Health 
Administration-defined carcinogen as specified in 29 CFR 1910.1200(d)(4) 
and no more than 1.0 percent by mass for any other individual HAP.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation.
    Organic hazardous air pollutant (HAP) means any HAP that is organic.
    Primer means the first layer and any subsequent layers of 
identically formulated coating applied to the surface of an aerospace 
vehicle or component. Primers are typically used for corrosion 
prevention, protection from the environment, functional fluid 
resistance, and adhesion of subsequent coatings. Coatings that are 
defined as specialty coatings are not included under this definition.
    Radome means the non-metallic protective housing for electromagnetic 
transmitters and receivers (e.g., radar, electronic countermeasures, 
etc.).
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value, 
use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators, 
or organic-water separators or organic removal devices such as 
decanters, strippers, or thin-film evaporation units.
    Research and Development means an operation whose primary purpose is 
for research and development of new processes and products, that is 
conducted under the close supervision of technically trained personnel, 
and is not involved in the manufacture of final or intermediate products 
for commercial purposes, except in a de mimnimis manner.
    Self-priming topcoat means a topcoat that is applied directly to an 
uncoated aerospace vehicle or component for purposes of corrosion 
prevention, environmental protection, and functional fluid resistance. 
More than one layer of identical coating formulation may be applied to 
the vehicle or component.
    Semi-aqueous cleaning solvent means a solution in which water is a 
primary ingredient ('' 60 percent of the solvent solution as applied 
must be water.)
    Softener means a liquid that is applied to an aerospace vehicle or 
component to degrade coatings such as primers, topcoats, and specialty 
coatings specifically as a preparatory step to subsequent depainting by 
non-chemical based depainting equipment. Softeners may contain VOC but 
shall not contain any HAP as determined from MSDS's or manufacturer 
supplied information.
    Solids means the non-volatile portion of the coating which after 
drying makes up the dry film.
    Space vehicle means a man-made device, either manned or unmanned, 
designed for operation beyond earth's atmosphere. This definition 
includes integral equipment such as models, mock-ups, prototypes, molds, 
jigs, tooling, hardware jackets, and test coupons. Also included is 
auxiliary equipment associated with test, transport, and storage, which 
through contamination can compromise the space vehicle performance.
    Specialty coating means a coating that, even though it meets the 
definition of a primer, topcoat, or self-priming topcoat, has additional 
performance criteria beyond those of primers, topcoats, and self-priming 
topcoats for specific applications. These performance criteria may 
include, but are not limited to, temperature or fire resistance, 
substrate compatibility, antireflection, temporary protection or 
marking, sealing, adhesively joining substrates, or enhanced corrosion 
protection. Individual specialty coatings are defined in appendix A to 
this subpart and in the CTG for

[[Page 260]]

Aerospace Manufacturing and Rework Operations (EPA 453/R-97-004).
    Spot stripping means the depainting of an area where it is not 
technically feasible to use a non-chemical depainting technique.
    Spray-applied coating operation means coatings that are applied 
using a device that creates an atomized mist of coating and deposits the 
coating on a substrate. For the purposes of this subpart, spray-applied 
coatings do not include the following materials or activities:
    (1) Coatings applied from a hand-held device with a paint cup 
capacity that is equal to or less than 3.0 fluid ounces (89 cubic 
centimeters) in which no more than 3.0 fluid ounces of coating is 
applied in a single application (i.e., the total volume of a single 
coating formulation applied during any one day to any one aerospace 
vehicle or component). Under this definition, the use of multiple small 
paint cups and the refilling of a small paint cup to spray apply more 
than 3.0 fluid ounces of a coating is a spray-applied coating operation. 
Under this definition, the use of a paint cup liner in a reusable holder 
or cup that is designed to hold a liner with a capacity of more than 3.0 
fluid ounces is a spray-applied coating operation.
    (2) Application of coating using powder coating, hand-held non-
refillable aerosol containers, or non-atomizing application technology, 
including but not limited to paint brushes, rollers, flow coating, dip 
coating, electrodeposition coating, web coating, coil coating, touch-up 
markers, marking pens, trowels, spatulas, daubers, rags, sponges, 
mechanically and/or pneumatic-driven syringes, and inkjet machines.
    (3) Application of adhesives, sealants, maskants, caulking 
materials, and inks.
    Spray gun means a device that atomizes a coating or other material 
and projects the particulates or other material onto a substrate.
    Stripper means a liquid that is applied to an aerospace vehicle or 
component to remove permanent coatings such as primers, topcoats, and 
specialty coatings.
    Surface preparation means the removal of contaminants from the 
surface of an aerospace vehicle or component, or the activation or 
reactivation of the surface in preparation for the application of a 
coating.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the emissions from an 
affected source that are not delivered to an emission control device. A 
temporary total enclosure must be constructed and ventilated (through 
stacks suitable for testing) so that it has minimal impact on the 
performance of the permanent emission capture system. A temporary total 
enclosure will be assumed to achieve total capture of fugitive emissions 
if it conforms to the requirements found in Sec.  63.750(g)(4) and if 
all natural draft openings are at least four duct or hood equivalent 
diameters away from each exhaust duct or hood. Alternatively, the owner 
or operator may apply to the Administrator for approval of a temporary 
enclosure on a case-by-case basis.
    Topcoat means a coating that is applied over a primer on an 
aerospace vehicle or component for appearance, identification, 
camouflage, or protection. Coatings that are defined as specialty 
coatings are not included under this definition.
    Total enclosure means a permanent structure that is constructed 
around a gaseous emission source so that all gaseous pollutants emitted 
from the source are collected and ducted through a control device, such 
that 100% capture efficiency is achieved. There are no fugitive 
emissions from a total enclosure. The only openings in a total enclosure 
are forced makeup air and exhaust ducts and any natural draft openings 
such as those that allow raw materials to enter and exit the enclosure 
for processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity

[[Page 261]]

across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. An enclosure that meets the requirements 
found in Sec.  63.750(g)(4) is a permanent total enclosure.
    Touch-up and repair operation means that portion of the coating 
operation that is the incidental application of coating used to cover 
minor imperfections in the coating finish or to achieve complete 
coverage. This definition includes out-of-sequence or out-of-cycle 
coating.
    Two-stage filter system means a dry particulate filter system using 
two layers of filter media to remove particulate. The first stage is 
designed to remove the bulk of the particulate and a higher efficiency 
second stage is designed to remove smaller particulate.
    Type I etchant means a chemical milling etchant that contains 
varying amounts of dissolved sulfur and does not contain amines.
    Type II etchant means a chemical milling etchant that is a strong 
sodium hydroxide solution containing amines.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100. This includes any organic compound other than those 
determined by the EPA to be an exempt solvent. For purposes of 
determining compliance with emission limits, VOC will be measured by the 
approved test methods. Where such a method also inadvertently measures 
compounds that are exempt solvent, an owner or operator may exclude 
these exempt solvents when determining compliance with an emission 
standard.
    Waterborne (water-reducible) coating means any coating that contains 
more than 5 percent water by weight as applied in its volatile fraction.
    Waterwash system means a control system that utilizes flowing water 
(i.e., a conventional waterwash system) or a pumpless system to remove 
particulate emissions from the exhaust air stream in spray coating 
application or dry media blast depainting operations.
    Nomenclature for determining carbon adsorber efficiency--The 
nomenclature defined below is used in Sec.  63.750(g):
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device from the affected 
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each 
uncontrolled gas stream (k) emitted directly to the atmosphere from the 
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each 
uncontrolled gas stream entering each individual carbon adsorber vessel 
(v), in parts per million by volume. For the purposes of calculating the 
efficiency of the individual carbon adsorber vessel, Cgv may 
be measured in the carbon adsorption system's common inlet duct prior to 
the branching of individual inlet ducts to the individual carbon 
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas 
stream exiting each individual carbon adsorber vessel (v), in parts per 
million by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) Hv = the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (12) Hsys = the efficiency of the carbon adsorption 
system calculated when each carbon adsorber vessel has an individual 
exhaust stack (expressed as a fraction).
    (13) Mci = the total mass in kilograms of each batch of 
coating (i) applied, or

[[Page 262]]

of each coating applied at an affected coating operation during a 7 to 
30-day period, as appropriate, as determined from records at the 
affected source. This quantity shall be determined at a time and 
location in the process after all ingredients (including any dilution 
solvent) have been added to the coating, or if ingredients are added 
after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (14) Mr = the total mass in kilograms of HAP or VOC 
recovered for a 7 to 30-day period.
    (15) Qaj = the volumetric flow rate of each gas stream 
(j) exiting the emission control device in either dry standard cubic 
meters per hour when EPA Method 18 in appendix A of part 60 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (16) Qbi = the volumetric flow rate of each gas stream 
(i) entering the emission control device, in dry standard cubic meters 
per hour when EPA Method 18 is used to measure HAP or VOC concentration 
or in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (17) Qdi = the volumetric flow rate of each gas stream 
(i) entering the emission control device from the affected source in 
either dry standard cubic meters per hour when EPA Method 18 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (18) Qfk = the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source in either dry standard cubic meters per hour when EPA Method 18 
is used to measure HAP or VOC concentration or in standard cubic meters 
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (19) Qgv = the volumetric flow rate of each gas stream 
entering each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration. For 
purposes of calculating the efficiency of the individual carbon adsorber 
vessel, the value of Qgv can be assumed to equal the value of 
Qhv measured for that carbon adsorber vessel.
    (20) Qhv = the volumetric flow rate of each gas stream 
exiting each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration.
    (21) Qini = the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (22) Qoutj = the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood in 
standard cubic meters per hour (wet basis).
    (23) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (24) RSi = the total mass in kilograms of HAP or VOC 
retained in the coating after drying.
    (25) Woi = the weight fraction of VOC in each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7- to 30-day period, as appropriate, as determined by 
EPA Method 24 or formulation data. This value shall be determined at a 
time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.

[60 FR 45956, Sept. 1, 1995, as amended at 63 FR 15017, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76179, Dec. 
7, 2015]



Sec.  63.743  Standards: General.

    (a) Except as provided in paragraphs (a)(4) through (a)(10) of this 
section and in Table 1 of this subpart, each owner

[[Page 263]]

or operator of an affected source subject to this subpart is also 
subject to the following sections of subpart A of this part:
    (1) Sec.  63.4, Prohibited activities and circumvention;
    (2) Sec.  63.5, Preconstruction review and notification 
requirements; and
    (3) Sec.  63.6, Compliance with standards and maintenance 
requirements.
    (4) For the purposes of this subpart, all affected sources shall 
submit any request for an extension of compliance not later than 120 
days before the affected source's compliance date. The extension request 
should be requested for the shortest time necessary to attain 
compliance, but in no case shall exceed 1 year.
    (5)(i) For the purposes of this subpart, the Administrator (or the 
State with an approved permit program) will notify the owner or operator 
in writing of his/her intention to deny approval of a request for an 
extension of compliance submitted under either Sec.  63.6(i)(4) or Sec.  
63.6(i)(5) within 60 calendar days after receipt of sufficient 
information to evaluate the request.
    (ii) In addition, for purposes of this subpart, if the Administrator 
does not notify the owner or operator in writing of his/her intention to 
deny approval within 60 calendar days after receipt of sufficient 
information to evaluate a request for an extension of compliance, then 
the request shall be considered approved.
    (6)(i) For the purposes of this subpart, the Administrator (or the 
State) will notify the owner or operator in writing of the status of 
his/her application submitted under Sec.  63.6(i)(4)(ii) (that is, 
whether the application contains sufficient information to make a 
determination) within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted, rather than 15 calendar 
days as provided for in Sec.  63.6(i)(13)(i).
    (ii) In addition, for the purposes of this subpart, if the 
Administrator does not notify the owner or operator in writing of the 
status of his/her application within 30 calendar days after receipt of 
the original application and within 30 calendar days after receipt of 
any supplementary information that is submitted, then the information in 
the application or the supplementary information is to be considered 
sufficient upon which to make a determination.
    (7) For the purposes of this subpart, each owner or operator who has 
submitted an extension request application under Sec.  63.6(i)(5) is to 
be provided 30 calendar days to present additional information or 
arguments to the Administrator after he/she is notified that the 
application is not complete, rather than 15 calendar days as provided 
for in Sec.  63.6(i)(13)(ii).
    (8) For the purposes of this subpart, each owner or operator is to 
be provided 30 calendar days to present additional information to the 
Administrator after he/she is notified of the intended denial of a 
compliance extension request submitted under either Sec.  63.6(i)(4) or 
Sec.  63.6(i)(5), rather than 15 calendar days as provided for in Sec.  
63.6(i)(12)(iii)(B) and Sec.  63.6(i)(13)(iii)(B).
    (9) For the purposes of this subpart, a final determination to deny 
any request for an extension submitted under either Sec.  63.6(i)(4) or 
Sec.  63.6(i)(5) will be made within 60 calendar days after presentation 
of additional information or argument (if the application is complete), 
or within 60 calendar days after the final date specified for the 
presentation if no presentation is made, rather than 30 calendar days as 
provided for in Sec.  63.6(i)(12)(iv) and Sec.  63.6(i)(13)(iv).
    (10) For the purposes of compliance with the requirements of Sec.  
63.5(b)(4) of the General Provisions and this subpart, owners or 
operators of existing primer, topcoat, or specialty coating application 
operations and depainting operations who construct or reconstruct a 
spray booth or hangar that does not have the potential to emit 10 tons/
yr or more of an individual inorganic HAP or 25 tons/yr or more of all 
inorganic HAP combined shall only be required to notify the 
Administrator of such construction or reconstruction on an annual basis. 
Notification shall be submitted on or before March 1 of each year and 
shall include the information required in Sec.  63.5(b)(4) for each such 
spray booth or hangar constructed or reconstructed during the prior 
calendar year, except that such information shall be limited to 
inorganic HAP. No

[[Page 264]]

advance notification or written approval from the Administrator pursuant 
to Sec.  63.5(b)(3) shall be required for the construction or 
reconstruction of such a spray booth or hangar unless the booth or 
hangar has the potential to emit 10 tons/yr or more of an individual 
inorganic HAP or 25 tons/yr or more of all inorganic HAP combined.
    (b) [Reserved]
    (c) An owner or operator who uses an air pollution control device or 
equipment not listed in this subpart shall submit a description of the 
device or equipment, test data verifying the performance of the device 
or equipment in controlling organic HAP and/or VOC emissions, as 
appropriate, and specific operating parameters that will be monitored to 
establish compliance with the standards to the Administrator for 
approval not later than 120 days prior to the compliance date.
    (d) Instead of complying with the individual coating limits in 
Sec. Sec.  63.745 and 63.747, a facility may choose to comply with the 
averaging provisions specified in paragraphs (d)(1) through (d)(6) of 
this section.
    (1) Each owner or operator of a new or existing source shall use any 
combination of primers, topcoats (including self-priming topcoats), 
specialty coatings, Type I chemical milling maskants, or Type II 
chemical milling maskants such that the monthly volume-weighted average 
organic HAP and VOC contents of the combination of primers, topcoats, 
specialty coatings, Type I chemical milling maskants, or Type II 
chemical milling maskants, as determined in accordance with the 
applicable procedures set forth in Sec.  63.750, complies with the 
specified content limits in Sec. Sec.  63.745(c) and 63.747(c), unless 
the permitting agency specifies a shorter averaging period as part of an 
ambient ozone control program.
    (2) Averaging is allowed only for uncontrolled primers, topcoats 
(including self-priming topcoats), specialty coatings, Type I chemical 
milling maskants, or Type II chemical milling maskants.
    (3) Averaging is not allowed between specialty coating types defined 
in appendix A to this subpart, or between the different types of 
coatings specified in paragraphs (d)(3)(i) through (vii) of this 
section.
    (i) Primers and topcoats (including self-priming topcoats).
    (ii) Type I and Type II chemical milling maskants.
    (iii) Primers and chemical milling maskants.
    (iv) Topcoats and chemical milling maskants.
    (v) Primers and specialty coatings.
    (vi) Topcoats and specialty coatings.
    (vii) Chemical milling maskants and specialty coatings.
    (4)--(5) [Reserved]
    (6) Each averaging scheme shall be approved in advance by the 
permitting agency and adopted as part of the facility's title V permit.
    (e) 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.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15017, Mar. 27, 1998; 
71 FR 20457, Apr. 20, 2006; 80 FR 76180, Dec. 7, 2015]



Sec.  63.744  Standards: Cleaning operations.

    (a) Housekeeping measures. Each owner or operator of a new or 
existing cleaning operation subject to this subpart shall comply with 
the requirements in paragraphs (a)(1) through (4) of this section unless 
the cleaning solvent used is identified in Table 1 of this section or 
meets the definition of ``Non-HAP material'' in 63.742. The requirements 
of paragraphs (a)(1) through (4) of this section do not apply

[[Page 265]]

to spent cleaning solvents, and solvent-laden applicators that are 
subject to and handled and stored in compliance with 40 CFR parts 262 
through 268 (including the air emission control requirements in 40 CFR 
part 265, subpart CC).
    (1) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, place used solvent-laden cloth, paper, 
or any other absorbent applicators used for cleaning in bags or other 
closed containers. Ensure that these bags and containers are kept closed 
at all times except when depositing or removing these materials from the 
container. Use bags and containers of such design so as to contain the 
vapors of the cleaning solvent. Cotton-tipped swabs used for very small 
cleaning operations are exempt from this requirement.
    (2) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, store fresh and spent cleaning 
solvents, except semi-aqueous solvent cleaners, used in aerospace 
cleaning operations in closed containers.
    (3) Conduct the handling and transfer of cleaning solvents to or 
from enclosed systems, vats, waste containers, and other cleaning 
operation equipment that hold or store fresh or spent cleaning solvents 
in such a manner that minimizes spills.
    (4) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that equivalent or better alternative measures are in 
place compared to the use of closed containers for the solvent-laden 
materials described in paragraph (a)(1) of this section, or the storage 
of solvents described in paragraph (a)(2) of this section.
    (b) Hand-wipe cleaning. Each owner or operator of a new or existing 
hand-wipe cleaning operation (excluding cleaning of spray gun equipment 
performed in accordance with paragraph (c) of this section) subject to 
this subpart shall use cleaning solvents that meet one of the 
requirements specified in paragraphs (b)(1), (b)(2), and (b)(3) of this 
section. Cleaning solvent solutions that contain HAP and VOC below the 
de minimis levels specified in Sec.  63.741(f) are exempt from the 
requirements in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (1) Meet one of the composition requirements in Table 1 of this 
section;
    (2) Have a composite vapor pressure of 45 mm Hg (24.1 in. 
H2 O) or less at 20 [deg]C (68 [deg]F); or
    (3) Demonstrate that the volume of hand-wipe solvents used in 
cleaning operations has been reduced by at least 60% from a baseline 
adjusted for production. The baseline shall be established as part of an 
approved alternative plan administered by the State. Demonstrate that 
the volume of hand-wipe cleaning solvents used in cleaning operations 
has been reduced by at least 60 percent from a baseline adjusted for 
production. The baseline shall be calculated using data from 1996 and 
1997, or as otherwise agreed upon by the Administrator or delegated 
State Authority. The baseline shall be approved by the Administrator or 
delegated State Authority and shall be included as part of the 
facility's title V or part 70 permit.
    (c) Spray gun cleaning. Each owner or operator of a new or existing 
spray gun cleaning operation subject to this subpart in which spray guns 
are used for the application of coatings or any other materials that 
require the spray guns to be cleaned shall use one or more of the 
techniques, or their equivalent, specified in paragraphs (c)(1) through 
(c)(4) of this section. Spray gun cleaning operations using cleaning 
solvent solutions that contain HAP and VOC below the de minimis levels 
specified in Sec.  63.741(f) are exempt from the requirements in 
paragraphs (c)(1) through (c)(4) of this section.
    (1)(i) Enclosed system. Clean the spray gun in an enclosed system 
that is closed at all times except when inserting or removing the spray 
gun. Cleaning shall consist of forcing solvent through the gun.
    (ii) If leaks are found during the monthly inspection required in 
Sec.  63.751(a), repairs shall be made as soon as practicable, but no 
later than 15 days after the leak was found. If the leak is not repaired 
by the 15th day after detection, the cleaning solvent shall be removed, 
and the enclosed cleaner shall be shut down until the

[[Page 266]]

leak is repaired or its use is permanently discontinued.
    (2) Nonatomized cleaning. Clean the spray gun by placing cleaning 
solvent in the pressure pot and forcing it through the gun with the 
atomizing cap in place. No atomizing air is to be used. Direct the 
cleaning solvent from the spray gun into a vat, drum, or other waste 
container that is closed when not in use.
    (3) Disassembled spray gun cleaning. Disassemble the spray gun and 
clean the components by hand in a vat, which shall remain closed at all 
times except when in use. Alternatively, soak the components in a vat, 
which shall remain closed during the soaking period and when not 
inserting or removing components.
    (4) Atomizing cleaning. Clean the spray gun by forcing the cleaning 
solvent through the gun and direct the resulting atomized spray into a 
waste container that is fitted with a device designed to capture the 
atomized cleaning solvent emissions.
    (5) Cleaning of the nozzle tips of automated spray equipment 
systems, except for robotic systems that can be programmed to spray into 
a closed container, shall be exempt from the requirements of paragraph 
(c) of this section.
    (d) Flush cleaning. Each owner or operator of a flush cleaning 
operation subject to this subpart (excluding those in which Table 1 or 
semi-aqueous cleaning solvents are used) shall empty the used cleaning 
solvent each time aerospace parts or assemblies, or components of a 
coating unit (with the exception of spray guns) are flush cleaned into 
an enclosed container or collection system that is kept closed when not 
in use or into a system with equivalent emission control.
    (e) Exempt cleaning operations. The following cleaning operations 
are exempt from the requirements of paragraph (b) of this section:
    (1) Cleaning during the manufacture, assembly, installation, 
maintenance, or testing of components of breathing oxygen systems that 
are exposed to the breathing oxygen;
    (2) Cleaning during the manufacture, assembly, installation, 
maintenance, or testing of parts, subassemblies, or assemblies that are 
exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, 
liquid oxygen, or hydrazine);
    (3) Cleaning and surface activation prior to adhesive bonding;
    (4) Cleaning of electronic parts and assemblies containing 
electronic parts;
    (5) Cleaning of aircraft and ground support equipment fluid systems 
that are exposed to the fluid, including air-to-air heat exchangers and 
hydraulic fluid systems;
    (6) Cleaning of fuel cells, fuel tanks, and confined spaces;
    (7) Surface cleaning of solar cells, coated optics, and thermal 
control surfaces;
    (8) Cleaning during fabrication, assembly, installation, and 
maintenance of upholstery, curtains, carpet, and other textile materials 
used in the interior of the aircraft;
    (9) Cleaning of metallic and nonmetallic materials used in honeycomb 
cores during the manufacture or maintenance of these cores, and cleaning 
of the completed cores used in the manufacture of aerospace vehicles or 
components;
    (10) Cleaning of aircraft transparencies, polycarbonate, or glass 
substrates;
    (11) Cleaning and cleaning solvent usage associated with research 
and development, quality control, and laboratory testing;
    (12) Cleaning operations, using nonflamable liquids, conducted 
within five feet of energized electrical systems. Energized electrical 
systems means any AC or DC electrical circuit on an assembled aircraft 
once electrical power is connected, including interior passenger and 
cargo areas, wheel wells and tail sections; and
    (13) Cleaning operations identified as essential uses under the 
Montreal Protocol for which the Administrator has allocated essential 
use allowances or exemptions in 40 CFR 82.4.

[[Page 267]]



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


[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15018, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 68 FR 37352, June 23, 2003; 80 FR 76181, 
Dec. 7, 2015]



Sec.  63.745  Standards: Primer, topcoat, and specialty coating 
application operations.

    (a) Each owner or operator of a new or existing primer, topcoat, or 
specialty coating application operation subject to this subpart shall 
comply with the requirements specified in paragraph (c) of this section 
for those coatings that are uncontrolled (no control device is used to 
reduce organic HAP emissions from the operation), and in paragraph (d) 
of this section for those coatings that are controlled (organic HAP 
emissions from the operation are reduced by the use of a control 
device). Aerospace equipment that is no longer operational, intended for 
public display, and not easily capable of being moved is exempt from the 
requirements of this section.
    (b) Each owner or operator shall conduct the handling and transfer 
of primers, topcoats, and specialty coatings to or from containers, 
tanks, vats, vessels, and piping systems in such a manner that minimizes 
spills.
    (c) Uncontrolled coatings--organic HAP and VOC content levels. Each 
owner or operator shall comply with the organic HAP and VOC content 
limits specified in paragraphs (c)(1) through (6) of this section for 
those coatings that are uncontrolled.
    (1) Organic HAP emissions from primers shall be limited to an 
organic HAP content level of no more than: 540 g/L (4.5 lb/gal) of 
primer (less water), as applied, for general aviation rework facilities; 
or 650 g/L (5.4 lb/gal) of exterior primer (less water), as applied, to 
large commercial aircraft components (parts or assemblies) or fully 
assembled, large commercial aircraft at existing affected sources that 
produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/
gal) of primer (less water), as applied.
    (2) VOC emissions from primers shall be limited to a VOC content 
level of no more than: 540 g/L (4.5 lb/gal) of primer (less water and 
exempt solvents), as applied, for general aviation rework facilities; or 
650 g/L (5.4 lb/gal) of exterior primer (less water and exempt 
solvents), as applied, to large commercial aircraft components (parts or 
assemblies) or fully assembled, large commercial aircraft at existing 
affected sources that produce fully assembled, large commercial 
aircraft; or 350 g/L (2.9 lb/gal) of primer (less water and exempt 
solvents), as applied.
    (3) Organic HAP emissions from topcoats shall be limited to an 
organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of 
coating (less water) as applied or 540 g/L (4.5 lb/gal) of coating (less 
water) as applied for general aviation rework facilities. Organic HAP 
emissions from self-priming topcoats shall be limited to an organic HAP 
content level of no more than: 420 g/L (3.5 lb/gal) of self-priming 
topcoat (less water) as applied or 540 g/L (4.5 lb/gal) of self-priming 
topcoat (less water) as applied for general aviation rework facilities.
    (4) VOC emissions from topcoats shall be limited to a VOC content 
level of no more than: 420 g/L (3.5 lb/gal) of coating (less water and 
exempt solvents) as applied or 540 g/L (4.5 lb/gal) of coating (less 
water and exempt solvents) as applied for general aviation rework 
facilities. VOC emissions from

[[Page 268]]

self-priming topcoats shall be limited to a VOC content level of no more 
than: 420 g/L (3.5 lb/gal) of self-priming topcoat (less water and 
exempt solvents) as applied or 540 g/L (4.5 lb/gal) of self-priming 
topcoat (less water) as applied for general aviation rework facilities.
    (5) Organic HAP emissions from specialty coatings shall be limited 
to an organic HAP content level of no more than the HAP content limit 
specified in Table 1 of this section for each applicable specialty 
coating type.
    (6) VOC emissions from specialty coatings shall be limited to a VOC 
content level of no more than the VOC content limit specified in Table 1 
of this section for each applicable specialty coating type.

         Table 1--Specialty Coatings--HAP and VOC Content Limits
------------------------------------------------------------------------
                                    HAP Limit g/L (lb/ VOC Limit g/L (lb/
           Coating Type                gallon) \1\        gallon) \1\
------------------------------------------------------------------------
Ablative Coating..................          600 (5.0)          600 (5.0)
Adhesion Promoter.................          890 (7.4)          890 (7.4)
Adhesive Bonding Primers: Cured at          850 (7.1)          850 (7.1)
 250 [deg]F or below..............
Adhesive Bonding Primers: Cured            1030 (8.6)         1030 (8.6)
 above 250 [deg]F.................
Commercial Interior Adhesive......          760 (6.3)          760 (6.3)
Cyanoacrylate Adhesive............        1,020 (8.5)        1,020 (8.5)
Fuel Tank Adhesive................          620 (5.2)          620 (5.2)
Nonstructural Adhesive............          360 (3.0)          360 (3.0)
Rocket Motor Bonding Adhesive.....          890 (7.4)          890 (7.4)
Rubber-based Adhesive.............          850 (7.1)          850 (7.1)
Structural Autoclavable Adhesive..           60 (0.5)           60 (0.5)
Structural Nonautoclavable                  850 (7.1)          850 (7.1)
 Adhesive.........................
Antichafe Coating.................          660 (5.5)          660 (5.5)
Bearing Coating...................          620 (5.2)          620 (5.2)
Caulking and Smoothing Compounds..          850 (7.1)          850 (7.1)
Chemical Agent-Resistant Coating..          550 (4.6)          550 (4.6)
Clear Coating.....................          720 (6.0)          720 (6.0)
Commercial Exterior Aerodynamic             650 (5.4)          650 (5.4)
 Structure Primer.................
Compatible Substrate Primer.......          780 (6.5)          780 (6.5)
Corrosion Prevention System.......          710 (5.9)          710 (5.9)
Cryogenic Flexible Primer.........          645 (5.4)          645 (5.4)
Cryoprotective Coating............          600 (5.0)          600 (5.0)
Dry Lubricative Material..........          880 (7.3)          880 (7.3)
Electric or Radiation-Effect                800 (6.7)          800 (6.7)
 Coating..........................
Electrostatic Discharge and                 800 (6.7)          800 (6.7)
 Electromagnetic Interference
 (EMI) Coating....................
Elevated-Temperature Skydrol-               740 (6.2)          740 (6.2)
 Resistant Commercial Primer......
Epoxy Polyamide Topcoat...........          660 (5.5)          660 (5.5)
Fire-Resistant (interior) Coating.          800 (6.7)          800 (6.7)
Flexible Primer...................          640 (5.3)          640 (5.3)
Flight-Test Coatings: Missile or            420 (3.5)          420 (3.5)
 Single Use Aircraft..............
Flight-Test Coatings: All Other...          840 (7.0)          840 (7.0)
Fuel-Tank Coating.................          720 (6.0)          720 (6.0)
High-Temperature Coating..........          850 (7.1)          850 (7.1)
Insulation Covering...............          740 (6.2)          740 (6.2)
Intermediate Release Coating......          750 (6.3)          750 (6.3)
Lacquer...........................          830 (6.9)          830 (6.9)
Bonding Maskant...................       1,230 (10.3)       1,230 (10.3)
Critical Use and Line Sealer              1,020 (8.5)        1,020 (8.5)
 Maskant..........................
Seal Coat Maskant.................       1,230 (10.3)       1,230 (10.3)
Metallized Epoxy Coating..........          740 (6.2)          740 (6.2)
Mold Release......................          780 (6.5)          780 (6.5)
Optical Anti-Reflective Coating...          750 (6.3)          750 (6.3)
Part Marking Coating..............          850 (7.1)          850 (7.1)
Pretreatment Coating..............          780 (6.5)          780 (6.5)
Rain Erosion-Resistant Coating....          850 (7.1)          850 (7.1)
Rocket Motor Nozzle Coating.......          660 (5.5)          660 (5.5)
Scale Inhibitor...................          880 (7.3)          880 (7.3)
Screen Print Ink..................          840 (7.0)          840 (7.0)
Extrudable/Rollable/Brushable               280 (2.3)          280 (2.3)
 Sealant..........................
Sprayable Sealant.................          600 (5.0)          600 (5.0)
Silicone Insulation Material......          850 (7.1)          850 (7.1)
Solid Film Lubricant..............          880 (7.3)          880 (7.3)
Specialized Function Coating......          890 (7.4)          890 (7.4)
Temporary Protective Coating......          320 (2.7)          320 (2.7)
Thermal Control Coating...........          800 (6.7)          800 (6.7)
Wet Fastener Installation Coating.          675 (5.6)          675 (5.6)

[[Page 269]]

 
Wing Coating......................          850 (7.1)          850 (7.1)
------------------------------------------------------------------------
\1\ Coating limits for HAP are expressed in terms of mass (grams or
  pounds) of HAP per volume (liters or gallons) of coating less water.
  Coating limits for VOC are expressed in terms of mass (grams or
  pounds) of VOC per volume (liters or gallons) of coating less water
  and less exempt solvent.

    (d) Controlled coatings--control system requirements. Each control 
system shall reduce the operation's organic HAP and VOC emissions to the 
atmosphere by 81% or greater, taking into account capture and 
destruction or removal efficiencies, as determined using the procedures 
in Sec.  63.750(g) when a carbon adsorber is used and in Sec.  63.750(h) 
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC 
content limits specified in paragraphs (c)(1) through (6) of this 
section shall be accomplished by using the methods specified in 
paragraphs (e)(1) and (2) of this section either by themselves or in 
conjunction with one another.
    (1) Use primers, topcoats (including self-priming topcoats), and 
specialty coatings with HAP and VOC content levels equal to or less than 
the limits specified in paragraphs (c)(1) through (6) of this section; 
or
    (2) Use the averaging provisions described in Sec.  63.743(d).
    (f) Application equipment. Except as provided in paragraph (f)(3) of 
this section, each owner or operator of a new or existing primer, 
topcoat (including self-priming topcoat), or specialty coating 
application operation subject to this subpart in which any of the 
coatings contain organic HAP or VOC shall comply with the requirements 
specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) All spray applied primers, topcoats (including self-priming 
topcoats), and specialty coatings shall be applied using one or more of 
the spray application techniques specified in paragraphs (f)(1)(i) 
through (f)(1)(v) of this section.
    (i) High volume low pressure (HVLP) spraying;
    (ii) Electrostatic spray application;
    (iii) Airless spray application;
    (iv) Air-assisted airless spray application; or
    (v) Any other coating spray application methods that achieve 
emission reductions or a transfer efficiency equivalent to or better 
than HVLP spray, electrostatic spray, airless spray, or air-assisted 
airless spray application methods as determined according to the 
requirements in Sec.  63.750(i).
    (2) All coating spray application devices used to apply primers, 
topcoats (including self-priming topcoats), or specialty coatings shall 
be operated according to company procedures, local specified operating 
procedures, and/or the manufacturer's specifications, whichever is most 
stringent, at all times. Spray application equipment modified by the 
facility shall maintain a transfer efficiency equivalent to HVLP spray, 
electrostatic spray, airless spray, or air-assisted airless spray 
application techniques.
    (3) The following situations are exempt from the requirements of 
paragraph (f)(1) of this section:
    (i) Any situation that normally requires an extension on the spray 
gun to properly reach limited access spaces;
    (ii) The application of coatings that contain fillers that adversely 
affect atomization with HVLP spray guns;
    (iii) The application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.) and that the 
permitting agency has determined cannot be applied by any of the 
application methods specified in paragraph (f)(1) of this section;
    (iv) The use of airbrush application methods for stenciling, 
lettering, and other identification markings, and the spray application 
of no more than 3.0 fluid ounces of coating in a single application 
(i.e., the total volume of a single coating formulation applied during 
any one day to any one aerospace vehicle or component) from a hand-held 
device with a paint cup capacity that is equal to or less than 3.0 fluid 
ounces (89 cubic centimeters). Using multiple small paint cups or 
refilling a small paint cup to apply more than 3.0 fluid ounces under 
the requirements of this paragraph is prohibited. If a paint cup liner 
is used in a reusable holder or cup, then the holder or cup must be 
designed to hold a liner with a capacity

[[Page 270]]

of no more than 3.0 fluid ounces. For example, a 3.0 ounce liner cannot 
be used in a holder that can also be used with a 6.0 ounce liner under 
the requirements of this paragraph;
    (v) The use of hand-held non-refillable aerosol containers;
    (vi) Touch-up and repair operations;
    (vii) Adhesives, sealants, maskants, caulking materials, and inks; 
and
    (viii) The application of coatings that contain less than 20 grams 
of VOC per liter of coating.
    (g) Inorganic HAP emissions. Except as provided in paragraph (g)(4) 
of this section, each owner or operator of a new or existing primer, 
topcoat, or specialty coating application operation subject to this 
subpart in which any of the coatings that are spray-applied (as defined 
in Sec.  63.742) and contain inorganic HAP, shall comply with the 
applicable requirements in paragraphs (g)(1) through (3) of this 
section.
    (1) Apply these coatings in a booth, hangar, or portable enclosure 
in which air flow is directed downward onto or across the part or 
assembly being coated and exhausted through one or more outlets.
    (2) Control the air stream from this operation as follows:
    (i) For existing sources, the owner or operator must choose one of 
the following:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec.  63.750(o) to meet or exceed the efficiency data 
points in Tables 2 and 3 of this section; or

Table 2--Two-Stage Arrestor; Liquid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                                            Aerodynamic
                                                           particle size
          Filtration efficiency requirement, %                range,
                                                             [micro]m
------------------------------------------------------------------------
90...........................................  5.7
50...........................................  4.1
10...........................................  2.2
------------------------------------------------------------------------


 Table 3--Two-Stage Arrestor; Solid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                                            Aerodynamic
                                                           particle size
          Filtration efficiency requirement, %                range,
                                                             [micro]m
------------------------------------------------------------------------
90...........................................  8.1
50...........................................  5.0
10...........................................  2.6
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through a waterwash system that shall remain in operation during all 
coating application operations; or
    (C) Before exhausting it to the atmosphere, pass the air stream 
through an air pollution control system that meets or exceeds the 
efficiency data points in Tables 2 and 3 of this section and is approved 
by the permitting authority.
    (ii) For new sources, either:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec.  63.750(o) to meet or exceed the efficiency data 
points in Tables 4 and 5 of this section; or

  Table 4--Three-Stage Arrestor; Liquid Phase Challenge for New Sources
------------------------------------------------------------------------
                                                            Aerodynamic
                                                           particle size
          Filtration efficiency requirement, %                range,
                                                             [micro]m
------------------------------------------------------------------------
95...........................................  2.0
80...........................................  1.0
65...........................................  0.4
                                                                       2
------------------------------------------------------------------------


  Table 5--Three-Stage Arrestor; Solid Phase Challenge for New Sources
------------------------------------------------------------------------
                                                            Aerodynamic
                                                           particle size
          Filtration efficiency requirement, %                range,
                                                             [micro]m
------------------------------------------------------------------------
95...........................................  2.5
85...........................................  1.1
75...........................................  0.7
                                                                       0
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through an air pollution control system that meets or exceeds the 
efficiency data points in Tables 4 and 5 of this section and is approved 
by the permitting authority.
    (iii) Owners or operators of new sources that have commenced 
construction or reconstruction after June 6, 1994 but prior to October 
29, 1996 may

[[Page 271]]

comply with the following requirements in lieu of the requirements in 
paragraph (g)(2)(ii) of this section:
    (A) Pass the air stream through either a two-stage dry particulate 
filter system or a waterwash system before exhausting it to the 
atmosphere.
    (B) If the primer, topcoat, or specialty coating contains chromium 
or cadmium, control shall consist of a HEPA filter system, three-stage 
filter system, or other control system equivalent to the three-stage 
filter system as approved by the permitting agency.
    (iv) If a dry particulate filter system is used, the following 
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter and 
read and record the pressure drop once per shift, or install an 
interlock system that will automatically shut down the coating spray 
application system if the pressure drop exceeds or falls below the 
filter manufacturer's recommended limit(s); and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limit(s).
    (v) If a conventional waterwash system is used, continuously monitor 
the water flow rate and read and record the water flow rate once per 
shift, or install an interlock system that will automatically shut down 
the coating spray application system if the water flow rate falls below 
or exceeds the limit(s) specified by the booth manufacturer or in 
locally prepared operating procedures. If a pumpless system is used, 
continuously monitor the booth parameter(s) that indicate performance of 
the booth per the manufacturer's recommendations to maintain the booth 
within the acceptable operating efficiency range and read and record the 
parameters once per shift, or install an interlock system that will 
automatically shut down the coating spray application system if the 
booth parameters are outside the parameter range in the manufacturer's 
recommendations.
    (3) If the pressure drop across the dry particulate filter system, 
as recorded pursuant to Sec.  63.752(d)(1), is outside the limit(s) 
specified by the filter manufacturer or in locally prepared operating 
procedures, shut down the operation immediately and take corrective 
action. If the water path in the waterwash system fails the visual 
continuity/flow characteristics check, or the water flow rate recorded 
pursuant to Sec.  63.752(d)(2) exceeds the limit(s) specified by the 
booth manufacturer or in locally prepared operating procedures, or the 
booth manufacturer's or locally prepared maintenance procedures for the 
filter or waterwash system have not been performed as scheduled, shut 
down the operation immediately and take corrective action. The operation 
shall not be resumed until the pressure drop or water flow rate is 
returned within the specified limit(s).
    (4) The requirements of paragraphs (g)(1) through (g)(3) of this 
section do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged paint;
    (ii) Hole daubing for fasteners;
    (iii) Touch-up of trimmed edges;
    (iv) Coating prior to joining dissimilar metal components;
    (v) Stencil operations performed by brush or air brush;
    (vi) Section joining;
    (vii) Touch-up of bushings and other similar parts;
    (viii) Sealant detackifying;
    (ix) Spray application of primers, topcoats, and specialty coatings 
in an area identified in a title V permit, where the permitting 
authority has determined that it is not technically feasible to spray 
apply coatings to the parts in a booth;
    (x) The use of hand-held non-refillable aerosol containers; and
    (xi) The spray application of no more than 3.0 fluid ounces of 
coating in a single application (i.e., the total volume of a single 
coating formulation applied during any one day to any one aerospace 
vehicle or component) from a hand-held device with a paint cup capacity 
that is equal to or less than 3.0 fluid ounces (89 cubic centimeters). 
Using multiple small paint cups or refilling a small paint cup to apply 
more

[[Page 272]]

than 3.0 fluid ounces under the requirements of this paragraph is 
prohibited. If a paint cup liner is used in a reusable holder or cup, 
then the holder or cup must be designed to hold a liner with a capacity 
of no more than 3.0 fluid ounces. For example, under the requirements of 
this paragraph, a 3.0 ounce liner cannot be used in a holder that can 
also be used with a 6.0 ounce liner.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15019, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76181, Dec. 
7, 2015]



Sec.  63.746  Standards: Depainting operations.

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

[[Page 273]]

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

[[Page 274]]

Sec.  63.750(h) when a control device other than a carbon adsorber is 
used.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15020, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 80 FR 76184, Dec. 7, 2015]



Sec.  63.747  Standards: Chemical milling maskant application operations.

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

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



Sec.  63.748  Standards: Handling and storage of waste.

    (a) The owner or operator of each facility subject to this subpart 
that produces a waste that contains organic HAP from aerospace primer, 
topcoat, specialty coating, chemical milling maskant, or chemical 
depainting operations must be handled and stored as specified in 
paragraph (a)(1) or (a)(2) of this section. The requirements of 
paragraphs (a)(1) and (a)(2) of this section do not apply to spent 
wastes that contain organic HAP that are subject to and handled and 
stored in compliance with 40 CFR parts 262 through 268 (including the 
air emission control requirements in 40 CFR part 265, subpart CC).
    (1) Conduct the handling and transfer of the waste to or from 
containers, tanks, vats, vessels, and piping systems in such a manner 
that minimizes spills.
    (2) Store all waste that contains organic HAP in closed containers.

[[Page 275]]

    (b) [Reserved]

[80 FR 76184, Dec. 7, 2015]



Sec.  63.749  Compliance dates and determinations.

    (a) Compliance dates. (1) Each owner or operator of an existing 
affected source subject to this subpart shall comply with the 
requirements of this subpart by September 1, 1998, except as specified 
in paragraphs (a)(2) and (3) of this section. Owners or operators of new 
affected sources subject to this subpart shall comply on the effective 
date or upon startup, whichever is later. In addition, each owner or 
operator shall comply with the compliance dates specified in Sec.  
63.6(b) and (c) as indicated in Table 1 to this subpart.
    (2) Owners or operators of existing primer, topcoat, or specialty 
coating application operations and depainting operations who construct 
or reconstruct a spray booth or hangar must comply with the new source 
requirements for inorganic HAP specified in Sec. Sec.  63.745(g)(2)(ii) 
and 63.746(b)(4) for that new spray booth or hangar upon startup. Such 
sources must still comply with all other existing source requirements by 
September 1, 1998.
    (3) Each owner or operator of a specialty coating application 
operation or handling and storage of waste operation that begins 
construction or reconstruction after February 17, 2015, shall be in 
compliance with the requirements of this subpart on December 7, 2015, or 
upon startup, whichever is later. Each owner or operator of a specialty 
coating application operation or handling and storage of waste operation 
that is existing on February 17, 2015, shall be in compliance with the 
requirements of this subpart on or before December 7, 2018.
    (b) General. Each facility subject to this subpart shall be 
considered in noncompliance if the owner or operator uses a control 
device, other than one specified in this subpart, that has not been 
approved by the Administrator, as required by Sec.  63.743(c).
    (c) Cleaning operations. Each cleaning operation subject to this 
subpart shall be considered in noncompliance if the owner or operator 
fails to institute and carry out the housekeeping measures required 
under Sec.  63.744(a). Incidental emissions resulting from the 
activation of pressure release vents and valves on enclosed cleaning 
systems are exempt from this paragraph.
    (1) Hand-wipe cleaning. An affected hand-wipe cleaning operation 
shall be considered in compliance when all hand-wipe cleaning solvents, 
excluding those used for hand cleaning of spray gun equipment under 
Sec.  63.744(c)(3), meet either the composition requirements specified 
in Sec.  63.744(b)(1) or the vapor pressure requirement specified in 
Sec.  63.744(b)(2).
    (2) Spray gun cleaning. An affected spray gun cleaning operation 
shall be considered in compliance when each of the following conditions 
is met:
    (i) One of the four techniques specified in Sec.  63.744 (c)(1) 
through (c)(4) is used;
    (ii) The technique selected is operated according to the procedures 
specified in Sec.  63.744 (c)(1) through (c)(4) as appropriate; and
    (iii) If an enclosed system is used, monthly visual inspections are 
conducted and any leak detected is repaired within 15 days after 
detection. If the leak is not repaired by the 15th day after detection, 
the solvent shall be removed and the enclosed cleaner shall be shut down 
until the cleaner is repaired or its use is permanently discontinued.
    (3) Flush cleaning. An affected flush cleaning operation shall be 
considered in compliance if the operating requirements specified in 
Sec.  63.744(d) are implemented and carried out.
    (d) Organic HAP and VOC content levels--primer, topcoat, and 
specialty coating application operations--(1) Performance test periods. 
For uncontrolled coatings that are not averaged, each 24 hours is 
considered a performance test. For compliant and non-compliant coatings 
that are averaged together, each 30-day period is considered a 
performance test, unless the permitting agency specifies a shorter 
averaging period as part of an ambient ozone control program. When using 
a control device other than a carbon adsorber, three 1-hour runs 
constitute the test period for the initial and any subsequent 
performance test. When using a carbon adsorber, each rolling material 
balance

[[Page 276]]

period is considered a performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in paragraph Sec.  63.745, unless a waiver is obtained under either 
Sec.  63.7(e)(2)(iv) or Sec.  63.7(h). The initial performance test 
shall be conducted according to the procedures and test methods 
specified in Sec. Sec.  63.7 and 63.750(g) for carbon adsorbers and in 
Sec.  63.750(h) for control devices other than carbon adsorbers. For 
carbon adsorbers, the initial performance test shall be used to 
establish the appropriate rolling material balance period for 
determining compliance. The procedures in paragraphs (d)(2)(i) through 
(d)(2)(vi) of this section shall be used in determining initial 
compliance with the provisions of this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec.  63.750(g) (2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec.  63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The primer application operation is considered in compliance 
when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv) 
of this section, as applicable, and in paragraph (e) of this section are 
met. Failure to meet any one of the conditions identified in these 
paragraphs shall constitute noncompliance. The compliance demonstration 
for a primer may be based on the organic HAP content or the VOC content 
of the primer; demonstrating compliance with both the HAP content limit 
and the VOC content limit is not required. If a primer contains HAP 
solvents that are exempt from the definition of VOC in Sec.  63.741 and 
40 CFR 51.100, then the HAP content must be used to demonstrate 
compliance.
    (i) For all uncontrolled primers, all values of Hi and 
Ha (as determined using the procedures specified in Sec.  
63.750(c) and (d)) are less than or equal to the applicable HAP content 
limit in Sec.  63.745(c)(1), and all values of Gi and 
Ga (as determined using the procedures specified in Sec.  
63.750(e) and (f)) are less than or equal to the applicable VOC content 
limit in Sec.  63.745(c)(2).
    (ii) If a control device is used:
    (A) The overall control system efficiency, Ek, as 
determined using the procedures specified in Sec.  63.750(g) for control 
systems containing carbon adsorbers and in Sec.  63.750(h) for control 
systems with other control devices, is equal to or greater than 81% 
during the initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec.  63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec.  63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec.  63.745 
(f)(1)(i) through (f)(1)(viii), or
    (B) Uses an alternative application technique, as allowed under

[[Page 277]]

Sec.  63.745(f)(1)(ix), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated using HVLP or 
electrostatic spray application methods as determined using the 
procedures specified in Sec.  63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures, 
whichever is more stringent.
    (4) The topcoat or specialty coating application operation is 
considered in compliance when the conditions specified in paragraphs 
(d)(4)(i) through (d)(4)(iv) of this section, as applicable, and in 
paragraph (e) of this section are met. Failure to meet any of the 
conditions identified in these paragraphs shall constitute 
noncompliance.
    (i) The topcoat application operation is considered in compliance 
when the conditions specified in paragraph (d)(4)(i)(A) of this section 
are met. The specialty coating application operation is considered in 
compliance when the conditions specified in paragraph (d)(4)(i)(B) are 
met. The compliance demonstration for a topcoat or a specialty coating 
may be based on the organic HAP content or the VOC content of the 
coating; demonstrating compliance with both the HAP content limit and 
the VOC content limit is not required. If a topcoat or specialty coating 
contains HAP solvents that are exempt from the definition of VOC in 
Sec.  63.741 and 40 CFR 51.100, then the HAP content must be used to 
demonstrate compliance.
    (A) For all uncontrolled topcoats, all values of Hi and 
Ha (as determined using the procedures specified in Sec.  
63.750(c) and (d)) are less than or equal to the applicable HAP content 
limit in Sec.  63.745(c)(3), and all values of Gi and 
Ga (as determined using the procedures specified in Sec.  
63.750(e) and (f)) are less than or equal to the applicable VOC content 
limit in Sec.  63.745(c)(4).
    (B) For all uncontrolled specialty coatings, all values of 
Hi and Ha (as determined using the procedures 
specified in Sec.  63.750(c) and (d)) are less than or equal to the HAP 
content limits specified in Table 1 to Sec.  63.745 for the applicable 
specialty coating types (less water) as applied, and all values of 
Gi and Ga (as determined using the procedures 
specified in Sec.  63.750(e) and (f)) are less than or equal to the VOC 
content limits specified in Table 1 to Sec.  63.745 for the applicable 
specialty coating types (less water and exempt solvents) as applied.
    (ii) If a control device is used,
    (A) The overall control system efficiency, Ek, as 
determined using the procedures specified in Sec.  63.750(g) for control 
systems containing carbon adsorbers and in Sec.  63.750(h) for control 
systems with other control devices, is equal to or greater than 81% 
during the initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec.  63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec.  63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec.  
63.745(f)(1)(i) through (f)(1)(iv); or
    (B) Uses an alternative application technique, as allowed under 
Sec.  63.745(f)(1)(v), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated using HVLP spray, 
electrostatic spray, airless spray, or air-assisted airless spray 
application methods, as determined using the procedures specified in 
Sec.  63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures.
    (e) Inorganic HAP emissions--primer, topcoat, and specialty coating 
application operations. For each primer, topcoat, or specialty coating 
application operation that emits inorganic HAP, the operation is in 
compliance when:
    (1) It is operated according to the requirements specified in Sec.  
63.745(g)(1) through (g)(3); and

[[Page 278]]

    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec.  63.745(g)(3).
    (f) Organic HAP emissions--Depainting operations--(1) Performance 
test periods. When using a control device other than a carbon adsorber, 
three 1-hour runs constitute the test period for the initial and any 
subsequent performance test. When a carbon adsorber is used, each 
rolling material balance period is considered a performance test. Each 
24-hour period is considered a performance test period for determining 
compliance with Sec.  63.746(b)(1). For uncontrolled organic emissions 
from depainting operations, each calendar year is considered a 
performance test period for determining compliance with the HAP limits 
for organic HAP-containing chemical strippers used for spot stripping 
and decal removal.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec.  63.746(c), unless a waiver is obtained under either Sec.  
63.7(e)(2)(iv) or Sec.  63.7(h). The initial performance test shall be 
conducted according to the procedures and test methods specified in 
Sec. Sec.  63.7 and 63.750(g) for carbon adsorbers and in Sec.  
63.750(h) for control devices other than carbon adsorbers. For carbon 
adsorbers, the initial performance test shall be used to establish the 
appropriate rolling material balance period for determining compliance. 
The procedures in paragraphs (2)(i) through (2)(vi) of this section 
shall be used in determining initial compliance with the provisions of 
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec.  63.750(g)(2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec.  63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) An organic HAP-containing chemical stripper depainting operation 
is considered in compliance when the conditions specified in paragraph 
(g)(3)(i) of this section are met.
    (i) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec.  63.750(g) (or other control device as 
determined using the procedures specified in Sec.  63.750(h)), is equal 
to or greater than 81% for control systems installed before the 
effective date, or equal to or greater than 95% for control systems 
installed on or after the effective date, during the initial performance 
test and all subsequent material balances (or performance tests, as 
appropriate).
    (ii) For non-HAP depainting operations complying with Sec.  
63.746(b)(1);
    (A) For any spot stripping and decal removal, the value of C, as 
determined using the procedures specified in Sec.  63.750(j), is less 
than or equal to 26 gallons of organic HAP-containing chemical stripper 
or 190 pounds of organic HAP per commercial aircraft

[[Page 279]]

depainted calculated on a yearly average; and is less than or equal to 
50 gallons of organic HAP-containing chemical stripper or 365 pounds of 
organic HAP per military aircraft depainted calculated on a yearly 
average; and
    (B) The requirements of Sec.  63.746(b)(2) are carried out during 
malfunctions of non-chemical based equipment.
    (g) Inorganic HAP emissions--depainting operations. Each depainting 
operation is in compliance when:
    (1) The operating requirements specified in Sec.  63.746(b)(4) are 
followed; and
    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec.  63.746(b)(4)(v).
    (h) Chemical milling maskant application operations--(1) Performance 
test periods. For uncontrolled chemical milling maskants that are not 
averaged, each 24-hour period is considered a performance test. For 
compliant and noncompliant chemical milling maskants that are averaged 
together, each 30-day period is considered a performance test, unless 
the permitting agency specifies a shorter period as part of an ambient 
ozone control program. When using a control device other than a carbon 
adsorber, three 1-hour runs constitute the test period for the initial 
and any subsequent performance test. When a carbon adsorber is used, 
each rolling material balance period is considered a performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec.  63.747(d), unless a waiver is obtained under either Sec.  
63.7(e)(2)(iv) or Sec.  63.7(h). The initial performance test shall be 
conducted according to the procedures and test methods specified in 
Sec.  63.7 and Sec.  63.750(g) for carbon adsorbers and in Sec.  
63.750(h) for control devices other than carbon adsorbers. For carbon 
adsorbers, the initial performance test shall be used to establish the 
appropriate rolling material balance period for determining compliance. 
The procedures in paragraphs (h)(2) (i) through (vi) of this section 
shall be used in determining initial compliance with the provisions of 
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec.  63.750(g) (2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec.  63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The chemical milling maskant application operation is considered 
in compliance when the conditions specified in paragraphs (i)(3)(i) and 
(ii) of this section are met. The compliance demonstration for a 
chemical milling maskant may be based on the organic HAP content or the 
VOC content of the chemical milling maskant; demonstrating compliance 
with both the HAP content limit and the VOC content limit is not 
required. If a chemical milling maskant contains HAP solvents that are 
exempt from the definition of VOC in Sec.  63.741 and 40 CFR 51.100, 
then the HAP content must be used to demonstrate compliance.

[[Page 280]]

    (i) For all uncontrolled chemical milling maskants, all values of 
Hi and Ha (as determined using the procedures 
specified in Sec.  63.750 (k) and (l)) are less than or equal to 622 
grams of organic HAP per liter (5.2 lb/gal) of Type I chemical milling 
maskant as applied (less water), and 160 grams of organic HAP per liter 
(1.3 lb/gal) of Type II chemical milling maskant as applied (less 
water). All values of Gi and Ga (as determined 
using the procedures specified in Sec.  63.750 (m) and (n)) are less 
than or equal to 622 grams of VOC per liter (5.2 lb/gal) of Type I 
chemical milling maskant as applied (less water and exempt solvents), 
and 160 grams of VOC per liter (1.3 lb/gal) of Type II chemical milling 
maskant (less water and exempt solvents) as applied.
    (ii) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec.  63.750(g) (or systems with other 
control devices as determined using the procedures specified in Sec.  
63.750(h)), is equal to or greater than 81% during the initial 
performance test period and all subsequent material balances (or 
performance tests, as appropriate).
    (i) Handling and storage of waste. For those wastes subject to this 
subpart, failure to comply with the requirements specified in Sec.  
63.748 shall be considered a violation.
    (j) 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. 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.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 
80 FR 76184, Dec. 7, 2015; 81 FR 51116, Aug. 3, 2016]



Sec.  63.750  Test methods and procedures.

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

where:

Wi = Weight of the ``i''th VOC compound, grams.
Ww = Weight of water, grams.

[[Page 281]]

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

    (c) Organic HAP content level determination--compliant primers, 
topcoats, and specialty coatings. For those uncontrolled primers, 
topcoats, and specialty coatings complying with the primer, topcoat, or 
specialty coating organic HAP content limits specified in Sec.  
63.745(c) without being averaged, the procedures in paragraphs (c)(1) 
through (3) of this section shall be used to determine the mass of 
organic HAP emitted per volume of coating (less water) as applied. As an 
alternative to the procedures in paragraphs (c)(1) through (3) of this 
section, an owner or operator may use the coating manufacturer's 
supplied data to demonstrate that organic HAP emitted per volume of 
coating (less water), as applied, is less than or equal to the 
applicable organic HAP limit specified in Sec.  63.745(c). Owners and 
operators that use the coating manufacturer's supplied data to 
demonstrate compliance based on the HAP content of the coating may add 
non-HAP solvent to those coatings provided that the owner or operator 
also maintains records of the non-HAP solvent added to the coating.
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating formulation as applied, determine the organic 
HAP weight fraction, water weight fraction (if applicable), and density 
from manufacturer's data. If the value for organic HAP weight fraction 
cannot be determined using the manufacturer's data, the owner or 
operator shall use Method 311 of 40 CFR part 63, appendix A, or submit 
an alternative procedure for determining the value for approval by the 
Administrator. If the values for water weight fraction (if applicable) 
and density cannot be determined using the manufacturer's data, the 
owner or operator shall submit an alternative procedure for determining 
their values for approval by the Administrator. Recalculation is 
required only when a change occurs in the coating formulation. If there 
is a discrepancy between the manufacturer's formulation data and the 
results of the Method 311 analysis, compliance shall be based on the 
results from the Method 311 analysis.
    (3) For each coating as applied, calculate the mass of organic HAP 
emitted per volume of coating (lb/gal) less water as applied using 
equations 1, 2, and 3:
[GRAPHIC] [TIFF OMITTED] TR01SE95.004

where:

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

where:

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


[[Page 282]]


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

    (d) Organic HAP content level determination--averaged primers, 
topcoats, and specialty coatings. For those uncontrolled primers, 
topcoats, and specialty coatings that are averaged together in order to 
comply with the primer, topcoat, and specialty coating organic HAP 
content limits specified in Sec.  63.745(c), the following procedure 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of coating (less water) as applied, 
unless the permitting agency specifies a shorter averaging period as 
part of an ambient ozone control program.
    (1)(i) Determine the total organic HAP weight fraction as applied of 
each coating. If any ingredients, including diluent solvent, are added 
to a coating prior to its application, the organic HAP weight fraction 
of the coating shall be determined at a time and location in the process 
after all ingredients have been added.
    (ii) Determine the total organic HAP weight fraction of each coating 
as applied each month.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the organic HAP content of the coating, the value previously determined 
may continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the organic HAP content of the coating, the total 
organic HAP weight fraction of the coating shall be redetermined.
    (iii) Manufacturer's formulation data may be used to determine the 
total organic HAP content of each coating and any ingredients added to 
the coating prior to its application. If the total organic HAP content 
cannot be determined using the manufacturer's data, the owner or 
operator shall use Method 311 of 40 CFR part 63, appendix A for 
determining the total organic HAP weight fraction, or shall submit an 
alternative procedure for determining the total organic HAP weight 
fraction for approval by the Administrator. If there is a discrepancy 
between the manufacturer's formulation data and the results of the 
Method 311 analysis, compliance shall be based on the results from the 
Method 311 analysis.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water) as applied of each coating. If any 
ingredients, including diluent solvents, are added prior to its 
application, the volume of each coating shall be determined at a time 
and location in the process after all ingredients (including any diluent 
solvent) have been added.
    (ii) Determine the volume of each coating (less water) as applied 
each month, unless the permitting agency specifies a shorter period as 
part of an ambient ozone control program.
    (iii) The volume applied may be determined from company records.
    (3)(i) Determine the density of each coating as applied. If any 
ingredients, including diluent solvent, are added to a coating prior to 
its application, the density of the coating shall be determined at a 
time and location in the process after all ingredients have been added.
    (ii) Determine the density of each coating as applied each month, 
unless the permitting agency specifies a shorter period as part of an 
ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the density of the coating, then the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the density of the coating, then the density of 
the coating shall be redetermined.

[[Page 283]]

    (iii) The density may be determined from company records, including 
manufacturer's data sheets. If the density of the coating cannot be 
determined using the company's records, including the manufacturer's 
data, then the owner or operator shall submit an alternative procedure 
for determining the density for approval by the Administrator.
    (4) Calculate the total volume in gallons as applied (less water) by 
summing the individual volumes of each coating (less water) as applied, 
which were determined under paragraph (d)(2) of this section.
    (5) Calculate the volume-weighted average mass of organic HAP in 
coatings emitted per unit volume (lb/gal) of coating (less water) as 
applied during each 30-day period using equation 4:
[GRAPHIC] [TIFF OMITTED] TR01SE95.007

where:

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

    (e) VOC content level determination--compliant primers, topcoats, 
and specialty coatings. For those uncontrolled primers, topcoats, and 
specialty coatings complying with the primer, topcoat, and specialty 
coating VOC content levels specified in Sec.  63.745(c) without being 
averaged, the procedures in paragraphs (e)(1) through (3) of this 
section shall be used to determine the mass of VOC emitted per volume of 
coating (less water and exempt solvents) as applied. As an alternative 
to the procedures in paragraphs (e)(1) through (3) of this section, an 
owner or operator may use coating manufacturer's supplied data to 
demonstrate that VOC emitted per volume of coating (less water and 
exempt solvents), as applied, is less than or equal to the applicable 
VOC limit specified in Sec.  63.745(c).
    (1) Determine the VOC content of each formulation (less water and 
exempt solvents) as applied using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating applied, calculate the mass of VOC emitted per 
volume of coating (lb/gal) (less water and exempt solvents) as applied 
using equations 5, 6, and 7:
[GRAPHIC] [TIFF OMITTED] TR01SE95.008

where:

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

where:

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

[[Page 284]]

[GRAPHIC] [TIFF OMITTED] TR27MR98.002

where:

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

    (3)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, compliance shall be based, 
except as provided in paragraph (e)(3)(ii) of this section, upon the VOC 
content obtained using EPA Method 24.
    (ii) If the VOC content of a coating obtained using Method 24 would 
indicate noncompliance as determined under either Sec.  63.749 (d)(3)(i) 
or (d)(4)(i), an owner or operator may elect to average the coating with 
other uncontrolled coatings and (re)calculate Gi (using the 
procedure specified in paragraph (f) of this section), provided 
appropriate and sufficient records were maintained for all coatings 
included in the average (re)calculation. The (re)calculated value of 
Gi (Ga in paragraph (f)) for the averaged coatings 
shall then be used to determine compliance.
    (f) VOC content level determination--averaged primers, topcoats, and 
specialty coatings. For those uncontrolled primers, topcoats, and 
specialty coatings that are averaged within their respective coating 
category in order to comply with the primer, topcoat, and specialty 
coating VOC content limits specified in Sec.  63.745(c)(2), (c)(4), and 
(c)(6), the following procedure shall be used to determine the monthly 
volume-weighted average mass of VOC emitted per volume of coating (less 
water and exempt solvents) as applied, unless the permitting agency 
specifies a shorter averaging period as part of an ambient ozone control 
program.
    (1)(i) Determine the VOC content (lb/gal) as applied of each 
coating. If any ingredients, including diluent solvent, are added to a 
coating prior to its application, the VOC content of the coating shall 
be determined at a time and location in the process after all 
ingredients have been added.
    (ii) Determine the VOC content of each coating as applied each 
month, unless the permitting agency specifies a shorter period as part 
of an ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the VOC content of the coating, the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the VOC content of the coating, the VOC content 
of the coating shall be redetermined.
    (iii) Determine the VOC content of each primer, topcoat, and 
specialty coating formulation (less water and exempt solvents) as 
applied using EPA Method 24 or from manufacturer's data.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water and exempt solvents) as applied of each 
coating. If any ingredients, including diluent solvents, are added prior 
to its application, the volume of each coating shall be determined at a 
time and location in the process after all ingredients (including any 
diluent solvent) have been added.
    (ii) Determine the volume of each coating (less water and exempt 
solvents) as applied each day.
    (iii) The volume applied may be determined from company records.
    (3) Calculate the total volume in gallons (less water and exempt 
solvents) as applied by summing the individual volumes of each coating 
(less water and exempt solvents) as applied, which were determined under 
paragraph (f)(2) of this section.
    (4) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of coating (less water and exempt solvents) as 
applied for

[[Page 285]]

each coating category during each 30-day period using equation 8:
[GRAPHIC] [TIFF OMITTED] TR01SE95.011

where:

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

    (5)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga 
is required using the new value. If more than one coating is involved, 
the recalculation shall be made once using all of the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled coatings that 
were not previously included provided appropriate and sufficient records 
were maintained for these other coatings to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(f)(5)(i) or (f)(5)(ii) of this section shall be used to determine 
compliance.
    (g) Overall VOC and/or organic HAP control efficiency--carbon 
adsorber. Each owner or operator subject to the requirements of Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d) shall demonstrate initial 
compliance with the requirements of this subpart by following the 
procedures of paragraph (g)(1), (2), (3), (4), or (5) as applicable and 
paragraphs (6), (7), and (8) of this section. When an initial compliance 
demonstration is required by this subpart, the procedures in paragraphs 
(g)(9) through (g)(14) of this section shall be used in determining 
initial compliance with the provisions of this subpart.
    (1) To demonstrate initial and continuous compliance with Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d) when emissions are 
controlled by a dedicated solvent recovery device, each owner or 
operator of the affected operation may perform a liquid-liquid HAP or 
VOC material balance over rolling 7- to 30-day periods in lieu of 
demonstrating compliance through the methods in paragraph (g)(2), 
(g)(3), or (g)(4) of this section. Results of the material balance 
calculations performed to demonstrate initial compliance shall be 
submitted to the Administrator with the notification of compliance 
status required by Sec.  63.9(h) and by Sec.  63.753 (c)(1)(iv), 
(d)(3)(i), and (e)(3). When demonstrating compliance by this procedure, 
Sec.  63.7(e)(3) of subpart A does not apply. The amount of liquid HAP 
or VOC applied and recovered shall be determined as discussed in 
paragraph (g)(1)(iii) of this section. The overall HAP or VOC emission 
reduction (R) is calculated using equation 9:
[GRAPHIC] [TIFF OMITTED] TR01SE95.012

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

[[Page 286]]

using the test method specified in Sec.  63.750(c) (1) through (3) or 
(e) (1) and (2) of this section;
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7- to 30-
day periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this 
certification shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7- to 30-day periods using equation 9.
    (F) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiencies required by Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d).
    (2) To demonstrate initial compliance with Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec.  63.750(g) (9) through (14).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:
    (A) Build a temporary total enclosure around the affected HAP 
emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens. All ventilation air must be vented 
through stacks suitable for testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 10:
    (v) Determine the efficiency (F) of the capture system using 
equation 11:
[GRAPHIC] [TIFF OMITTED] TR01SE95.013

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

[[Page 287]]

subpart and that the emissions can be captured for measurement, as 
described in paragraphs (g)(2)(ii) (A) and (B) of this section;
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
carbon adsorber vessel (v) using equation 12:
[GRAPHIC] [TIFF OMITTED] TR01SE95.014

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

    (vi) Determine the efficiency (F) of the capture system using 
equation 11.
    (vii) For each HAP emission point subject to Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d), compliance is demonstrated if the product 
of (Hsys) x (F) is equal to or greater than the overall HAP 
control efficiency required by Sec.  63.745(d), Sec.  63.746(c), or 
Sec.  63.747(d).
    (4) An alternative method of demonstrating compliance with Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d) is the installation of a 
total enclosure around the affected HAP emission point(s) and the 
ventilation of all HAP emissions from the total enclosure to a control 
device with the efficiency specified in paragraph (g)(4)(iii) of this 
section. If this method is selected, the compliance test methods 
described in paragraphs (g)(1), (g)(2), and (g)(3) of this section are 
not required. Instead, each owner or operator of an affected source 
shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) The total area of all natural draft openings shall not exceed 5% 
of the total surface area of the total enclosure's walls, floor, and 
ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in Sec.  
63.750(g) (10) and (11); volumetric flow rates shall be calculated 
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 14:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.016
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.

[[Page 288]]

    (ii) Determine the control device efficiency using equation 10 or 
equations 12 and 13, as applicable, and the test methods and procedures 
specified in Sec.  63.750(g) (9) through (14).
    (iii) Compliance shall be achieved if the installation of a total 
enclosure is demonstrated and the value of E determined from equation 10 
(or the value of Hsys determined from equations 12 and 13, as 
applicable) is equal to or greater than the overall HAP control 
efficiencies required under Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d).
    (5) When nonregenerative carbon adsorbers are used to comply with 
Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d), the owner or 
operator may conduct a design evaluation to demonstrate initial 
compliance in lieu of following the compliance test procedures of 
paragraphs (g)(1), (2), (3), and (4) of this section. The design 
evaluation shall consider the vent stream composition, component 
concentrations, flow rate, relative humidity, and temperature, and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of the carbon bed, type and working capacity of 
activated carbon used for the carbon bed, and design carbon replacement 
interval based on the total carbon working capacity of the control 
device and the emission point operating schedule.
    (6)(i) To demonstrate initial compliance with Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) when hard piping or ductwork is used to 
direct VOC and HAP emissions from a VOC and HAP source to the control 
device, each owner or operator shall demonstrate upon inspection that 
the criteria of paragraph (g)(6)(i)(A) and paragraph (g)(6)(i) (B) or 
(C) of this section VR/FD are met.
    (A) The equipment shall be vented to a control device.
    (B) The control device efficiency (E or Hsys, as 
applicable) determined using equation 10 or equations 12 and 13, 
respectively, and the test methods and procedures specified in Sec.  
63.750(g) (9) through (14), shall be equal to or greater than the 
overall HAP control efficiency required by Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d).
    (C) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) shall be vented to the control 
device and the carbon adsorber shall be demonstrated, through the 
procedures of Sec.  63.750(g) (1), (2), (3), (4), or (5), to meet the 
requirements of Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d).
    (7) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) are being attained.
    (8) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec.  63.7(f) of subpart A.
    (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
VOC and HAP concentration of air exhaust streams as required by Sec.  
63.750(g) (1) through (6). The owner or operator shall submit notice of 
the intended test method to the Administrator for approval along with 
the notification of the performance test required under Sec.  63.7(b). 
Method selection shall be based on consideration of the diversity of 
organic species present and their total concentration and on 
consideration of the potential presence of interfering gases. Except as 
indicated in paragraphs (g)(9) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to paragraph (g) (2) or (4) of this section, the test 
shall consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with individual exhaust stacks for each carbon adsorber vessel 
pursuant to

[[Page 289]]

Sec.  63.750(g) (3) or (4), each carbon adsorber vessel shall be tested 
individually. The test for each carbon adsorber vessel shall consist of 
three separate runs. Each run shall coincide with one or more complete 
adsorption cycles.
    (10) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (11) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (12) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (13) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (14) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (h) Overall VOC and/or organic HAP control efficiency--control 
devices other than carbon adsorbers. Calculate the overall control 
efficiency of a control system with a control device other than a carbon 
adsorber using the following procedure.
    (1) Calculate the overall control efficiency using equation 15:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.017
    
where:

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

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

where:

Ei, Eo = mass rate of TOC (minus methane and 
          ethane) or total organic HAP at the inlet and outlet of the 
          control device, respectively, dry basis, kg/hr.
K2 = constant, 2.494 x 10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram) (minute/hour), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
n = number of sample components in the gas stream.
Cij, Coj = concentration of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          respectively, dry basis, parts per million by volume.
Mij, Moj = molecular weight of sample component j 
          of the gas stream at the inlet and outlet of the control 
          device, respectively, gram/gram-mole.
Qi, Qo = flow rate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meter per minute.


[[Page 290]]


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

where:

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

    (3) Determine the capture efficiency Fk of each capture 
system to which organic HAP and VOC emissions from coating operations 
are vented. The capture efficiency value shall be determined using 
Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure as found in appendix B to Sec.  52.741 of part 52 of 
this chapter for total enclosures, and the capture efficiency protocol 
specified in Sec.  52.741(a)(4)(iii) of part 52 of this chapter for all 
other enclosures.
    (i)(1) Alternative application method--primers, topcoats, and 
specialty coatings. (i) Each owner or operator seeking to use an 
alternative application method (as allowed in Sec.  63.745(f)(1)(v)) in 
complying with the standards for primers and topcoats shall use the 
procedures specified in paragraphs (i)(2)(i) and (ii) or (i)(2)(iii) of 
this section to determine the organic HAP and VOC emission levels of the 
alternative application technique as compared to either HVLP, 
electrostatic spray application methods, air-assisted airless 
application methods, or airless application methods.
    (ii) For specialty coatings, an owner or operator may use any other 
coating application method capable of achieving emission reductions or a 
transfer efficiency equivalent to or better than that provided by HVLP, 
electrostatic spray, air-assisted airless, or airless application. Any 
owner or operator using an application method pursuant to this paragraph 
(i)(2)(ii) shall maintain records demonstrating the transfer efficiency 
achieved.
    (2)(i) For the process or processes for which the alternative 
application method is to be used, the total organic HAP and VOC 
emissions shall be determined for an initial 30-day period, the period 
of time required to apply coating to five completely assembled aircraft, 
or a time period approved by the permitting agency. During this initial 
period, only HVLP, electrostatic spray application methods, air-assisted 
airless application methods, or airless application methods shall be 
used. The emissions shall be determined based on the volumes, organic 
HAP contents (less water), and VOC contents (less water and exempt 
solvents) of the coatings as applied.
    (ii) Upon implementation of the alternative application method, use 
the alternative application method in production on actual production 
parts or assemblies for a period of time sufficient to coat an 
equivalent amount of parts and assemblies with coatings identical to 
those used in the initial 30-day period. The actual organic HAP and VOC 
emissions shall be calculated for this post-implementation period.
    (iii) Test the proposed application method against either HVLP, 
electrostatic spray application methods, air-assisted airless 
application methods, or airless application methods in a laboratory or 
pilot production area, using parts and coatings representative of the 
process(es) where the alternative method is to be used. The laboratory 
test will use the same part configuration(s) and the same number of 
parts for both the proposed method and the HVLP, electrostatic spray 
application

[[Page 291]]

methods, air-assisted airless application methods, or airless 
application methods.
    (iv) Whenever the approach in either paragraph (i)(2)(ii) or 
(i)(2)(iii) of this section is used, the owner or operator shall 
calculate both the organic HAP and VOC emission reduction using 
equation:
[GRAPHIC] [TIFF OMITTED] TR01SE98.001

where:

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

    (3) Each owner or operator seeking to demonstrate that an 
alternative application method achieves emission reductions equivalent 
to HVLP, electrostatic spray application methods, air-assisted airless 
application methods, or airless application methods shall comply with 
the following:
    (i) Each coating shall be applied such that the dried film thickness 
is within the range specified by the applicable specification(s) for the 
aerospace vehicle or component being coated.
    (ii) If no such dried film thickness specification(s) exists, the 
owner or operator shall ensure that the dried film thickness applied 
during the initial 30-day period is equivalent to the dried film 
thickness applied during the alternative application method test period 
for similar aerospace vehicles or components.
    (iii) Failure to comply with these dried film thickness requirements 
shall invalidate the test results obtained under paragraph (i)(2)(i) of 
this section.
    (j) Spot stripping and decal removal. Each owner or operator seeking 
to comply with Sec.  63.746(b)(3) shall determine the volume of organic 
HAP-containing chemical strippers or alternatively the weight of organic 
HAP used per aircraft using the procedure specified in paragraphs (j)(1) 
through (j)(3) of this section.
    (1) For each chemical stripper used for spot stripping and decal 
removal, determine for each annual period the total volume as applied or 
the total weight of organic HAP using the procedure specified in 
paragraph (d)(2) of this section.
    (2) Determine the total number of aircraft for which depainting 
operations began during the annual period as determined from company 
records.
    (3) Calculate the annual average volume of organic HAP-containing 
chemical stripper or weight of organic HAP used for spot stripping and 
decal removal per aircraft using equation 20 (volume) or equation 21 
(weight):
[GRAPHIC] [TIFF OMITTED] TR27MR98.004

where:

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

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

[[Page 292]]

Vsi = volume (gal) of organic HAP-containing chemical 
          stripper (i) used during the annual period.
A = number of aircraft for which depainting operations began during the 
          annual period.

    (k) Organic HAP content level determination--compliant chemical 
milling maskants. For those uncontrolled chemical milling maskants 
complying with the chemical milling maskant organic HAP content limit 
specified in Sec.  63.747(c)(1) without being averaged, the procedure in 
paragraph (k)(1) of this section shall be used to determine the mass of 
organic HAP emitted per unit volume of coating (chemical milling 
maskant) i as applied (less water), Hi (lb/gal). As an 
alternative to the procedures in paragraph (k)(1) of this section, an 
owner or operator may use coating manufacturer's supplied data to 
demonstrate that organic HAP emitted per volume of coating (less water), 
as applied, is less than or equal to the applicable organic HAP limit 
specified in Sec.  63.747(c). Owners and operators that use the coating 
manufacturer's supplied data to demonstrate compliance based on the HAP 
content of the coating may add non-HAP solvent to those coatings 
provided that the owner or operator also maintains records of the non-
HAP solvent added to the coating.
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) [Reserved]
    (l) Organic HAP content level determination--averaged chemical 
milling maskants. For those uncontrolled chemical milling maskants that 
are averaged together in order to comply with the chemical milling 
maskant organic HAP content level specified in Sec.  63.747(c)(1), the 
procedure specified in paragraphs (l)(1) through (l)(4) of this section 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of chemical milling maskant (less water) 
as applied, unless the permitting agency specifies a shorter averaging 
period as part of an ambient ozone control program.
    (1) Determine the total organic HAP weight fraction as applied of 
each chemical milling maskant used during each 30-day period using the 
procedure specified in paragraph (d)(1) of this section.
    (2) Determine for each 30-day period:
    (i) The individual volume of each chemical milling maskant applied 
in terms of total gallons (less water) (using the procedure specified in 
paragraph (d)(2) of this section), and
    (ii) The total volume in gallons of all chemical milling maskants 
(less water) as applied by summing the individual volumes of each 
chemical milling maskant as applied (less water).
    (3) Determine the density of each chemical milling maskant as 
applied used during each 30-day period using the procedure specified in 
paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP 
emitted per unit volume (lb/gal) of chemical milling maskant (less 
water) as applied for all chemical milling maskants during each 30-day 
period using equation 22:
[GRAPHIC] [TIFF OMITTED] TR27MR98.006

where:

Ha = volume-weighted mass of organic HAP emitted per unit 
          volume of chemical milling maskants (lb/gal) (less water) as 
          applied during each 30-day period for those chemical milling 
          maskants being averaged.

[[Page 293]]

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

    (m) VOC content level determination--compliant chemical milling 
maskants. For those uncontrolled chemical milling maskants complying 
with the chemical milling maskant VOC content limit specified in Sec.  
63.747(c)(2) without being averaged, the procedure specified in 
paragraphs (m)(1) and (2) of this section shall be used to determine the 
mass of VOC emitted per volume of chemical milling maskant (less water 
and exempt solvents) as applied. As an alternative to the procedures in 
paragraphs (m)(1) and (2) of this section, an owner or operator may use 
coating manufacturer's supplied data to demonstrate that VOC emitted per 
volume of coating (less water and exempt solvents), as applied, is less 
than or equal to the applicable VOC limit specified in Sec.  63.747(c).
    (1) Determine the mass of VOC emitted per unit volume of chemical 
milling maskant (lb/gal) (less water and exempt solvents) as applied, 
Gi, for each chemical milling maskant using the procedures 
specified in paragraphs (e)(1) and (e)(2) of this section.
    (2)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Gi, compliance shall be based, 
except as provided in paragraph (m)(2)(ii) of this section, upon the VOC 
content obtained using EPA Method 24.
    (ii) If the VOC content of a chemical milling maskant obtained using 
EPA Method 24 would indicate noncompliance as determined under Sec.  
63.749(h)(3)(i), an owner or operator may elect to average the chemical 
milling maskant with other uncontrolled chemical milling maskants and 
(re)calculate Ga (using the procedure specified in paragraph 
(n) of this section), provided appropriate and sufficient records were 
maintained for all chemical milling maskants included in the average 
recalculation. The (re)calculated value of Ga for the 
averaged chemical milling maskants shall then be used to determine 
compliance.
    (n) VOC content level determination--averaged chemical milling 
maskants. For those uncontrolled chemical milling maskants that are 
averaged together in order to comply with the chemical milling maskant 
VOC content limit specified in Sec.  63.747(c)(2), the procedure 
specified in paragraphs (n)(1) through (n)(4) of this section shall be 
used to determine the monthly volume-weighted average mass of VOC 
emitted per volume of chemical milling maskant (less water and exempt 
solvents) as applied, unless the permitting agency specifies a shorter 
averaging period as part of an ambient ozone control program.
    (1) Determine the VOC content of each chemical milling maskant (less 
water and exempt solvents) as applied used during each 30-day period 
using the procedure specified in paragraph (f)(1) of this section.
    (2)(i) Determine the individual volume of each chemical milling 
maskant applied in terms of total gallons (less water and exempt 
solvents) using the procedure specified in paragraph (f)(2) of this 
section, and
    (ii) Calculate the total volume in gallons of all chemical milling 
maskants (less water and exempt solvents) as applied by summing the 
individual volumes of each chemical milling maskant (less water and 
exempt solvents) as applied.
    (3) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of chemical milling maskant (less water and exempt 
solvents) as applied during each 30-day period using equation 23:
[GRAPHIC] [TIFF OMITTED] TR27MR98.007

where:


[[Page 294]]


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

    (4)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga 
is required using the new value. If more than one chemical milling 
maskant is involved, the recalculation shall be made once using all of 
the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled chemical 
milling maskants that were not previously included provided appropriate 
and sufficient records were maintained for these other chemical milling 
maskants to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(n)(4)(i) or (n)(4)(ii) of this section shall be used to determine 
compliance.
    (o) Inorganic HAP emissions--dry particulate filter certification 
requirements. Dry particulate filters used to comply with Sec. Sec.  
63.745(g)(2) or 63.746(b)(4) must be certified by the filter 
manufacturer or distributor, paint/depainting booth supplier, and/or the 
facility owner or operator using method 319 in appendix A of this part, 
to meet or exceed the efficiency data points found in Tables 2 and 3, or 
4 and 5 of Sec.  63.745 for existing or new sources respectively.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998; 65 FR 62215, Oct. 17, 2000; 79 FR 11284, 
Feb. 27, 2014; 80 FR 76185, Dec. 7, 2015]



Sec.  63.751  Monitoring requirements.

    (a) Enclosed spray gun cleaners. Each owner or operator using an 
enclosed spray gun cleaner under Sec.  63.744(c)(1) shall visually 
inspect the seals and all other potential sources of leaks associated 
with each enclosed gun spray cleaner system at least once per month. 
Each inspection shall occur while the system is in operation.
    (b) Incinerators and carbon adsorbers--initial compliance 
demonstrations. Each owner or operator subject to the requirements in 
this subpart must demonstrate initial compliance with the requirements 
of Sec. Sec.  63.745(d), 63.746(c), and 63.747(d) of this subpart. Each 
owner or operator using a carbon adsorber to comply with the 
requirements in this subpart shall comply with the requirements 
specified in paragraphs (b)(1) through (7) of this section. Each owner 
or operator using an incinerator to comply with the requirements in this 
subpart shall comply with the requirements specified in paragraphs 
(b)(8) through (12) of this section.
    (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section, 
for each control device used to control organic HAP or VOC emissions, 
the owner or operator shall fulfill the requirements of paragraph (b)(1) 
(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d), the site-specific 
operating parameter value may be established as part of the design 
evaluation used to demonstrate initial compliance. Otherwise, the site-
specific operating parameter value shall be established during the 
initial performance test conducted according to the procedures of Sec.  
63.750(g).

[[Page 295]]

    (2) For each nonregenerative carbon adsorber, in lieu of meeting the 
requirements of Sec.  63.751(b)(1), the owner or operator may establish 
as the site-specific operating parameter the carbon replacement time 
interval, as determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system. 
The carbon replacement time interval shall be established either as part 
of the design evaluation to demonstrate initial compliance or during the 
initial performance test conducted according to the procedures in Sec.  
63.750(g) (1), (2), (3), or (4).
    (3) Each owner or operator venting solvent HAP emissions from a 
source through a room, enclosure, or hood, to a control device to comply 
with Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d) shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec.  63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (4) Owners or operators subject to Sec.  63.751(b) (1), (2), or (3) 
shall calculate the site-specific operating parameter value, or range of 
values, as the arithmetic average of the maximum and/or minimum 
operating parameter values, as appropriate, that demonstrate compliance 
with Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d) during the 
multiple test runs required by Sec.  63.750 (g)(2) and (g)(1).
    (5) For each solvent recovery device used to comply with Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d), in lieu of meeting the 
requirements of paragraph (b)(1) of this section, the results of the 
material balance calculation conducted in accordance with Sec.  
63.750(g)(1) may serve as the site-specific operating parameter that 
demonstrates compliance with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d).
    (6) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with Sec.  63.745(d), Sec.  63.746(c), or Sec.  63.747(d) of this 
subpart shall be demonstrated as outlined in this paragraph.
    (i) Each owner or operator of an affected source subject to Sec.  
63.745(d), Sec.  63.746(c), or Sec.  63.747(d) of this subpart shall 
monitor the applicable parameters specified in paragraph (b)(6)(ii), 
(b)(6)(iii), or (b)(6)(iv) of this section depending on the type of 
control technique used.
    (ii) Compliance monitoring shall be subject to the following 
provisions:
    (A) Except as allowed by paragraph (b)(6)(iii)(A)(2) of this 
section, all continuous emission monitors shall comply with performance 
specification (PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate 
depending on whether VOC or HAP concentration is being measured. The 
requirements in appendix F of 40 CFR part 60 shall also be followed. In 
conducting the quarterly audits required by appendix F, owners or 
operators shall challenge the monitors with compounds representative of 
the gaseous emission stream being controlled.
    (B) If the effluent from multiple emission points are combined prior 
to being channeled to a common control device, the owner or operator is 
required only to monitor the common control device, not each emission 
point.
    (iii) Owners or operators complying with Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) through the use of a control device and 
establishing a site-specific operating parameter in accordance with 
paragraph (b)(1) of this section shall fulfill the requirements of 
paragraph (b)(6)(iii)(A) of this section and paragraph (b)(6)(iii)(B) or 
(C) of this section, as appropriate.
    (A) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (1) The continuous emission monitor shall be used to measure 
continuously

[[Page 296]]

the total HAP or VOC concentration at both the inlet and the outlet 
whenever HAP from coating and paint stripping operations are vented to 
the control device, or when continuous compliance is demonstrated 
through a percent efficiency calculation; or
    (2) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(b)(6)(iii)(A)(1) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet or the outlet of the carbon adsorber as 
appropriate.
    (a) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (b) The monitoring device shall meet the requirements of part 60, 
appendix A, Method 21, sections 2, 3, 4.1, 4.2, and 4.4. The calibration 
gas shall either be representative of the compounds to be measured or 
shall be methane, and shall be at a concentration associated with 125% 
of the expected organic compound concentration level for the carbon 
adsorber outlet vent.
    (c) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (B) If complying with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d) through the use of a carbon adsorption system with a common 
exhaust stack for all of the carbon vessels, the owner or operator shall 
not operate the control device at an average control efficiency less 
than that required by Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d) for three consecutive adsorption cycles.
    (C) If complying with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d) through the use of a carbon adsorption system with individual 
exhaust stacks for each of the multiple carbon adsorber vessels, the 
owner or operator shall not operate any carbon adsorber vessel at an 
average control efficiency less than that required by Sec.  63.745(d), 
Sec.  63.746(c), or Sec.  63.747(d) as calculated daily using a 7 to 30-
day rolling average.
    (D) If complying with Sec.  63.745(d), Sec.  63.746(c), or Sec.  
63.747(d) through the use of a nonregenerative carbon adsorber, in lieu 
of the requirements of paragraph (b)(6)(iii) (B) or (C) of this section, 
the owner or operator may monitor the VOC or HAP concentration of the 
adsorber exhaust daily, at intervals no greater than 20 percent of the 
design carbon replacement interval, whichever is greater, or at a 
frequency as determined by the owner or operator and approved by the 
Administrator.
    (iv) Owners or operators complying with Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) through the use of a nonregenerative 
carbon adsorber and establishing a site-specific operating parameter for 
the carbon replacement time interval in accordance with paragraph (b)(2) 
shall replace the carbon in the carbon adsorber system with fresh carbon 
at the predetermined time interval as determined in the design 
evaluation.
    (v) Owners or operators complying with Sec.  63.745(d), Sec.  
63.746(c), or Sec.  63.747(d) by capturing emissions through a room, 
enclosure, or hood shall install, calibrate, operate, and maintain the 
instrumentation necessary to measure continuously the site-specific 
operating parameter established in accordance with paragraph (b)(3) of 
this section whenever VOC and HAP from coating and stripper operations 
are vented through the capture device. The capture device shall not be 
operated at an average value greater than or less than (as appropriate) 
the operating parameter value established in accordance with paragraph 
(b)(3) of this section for any 3-hour period.
    (7) Owners or operators complying with paragraph (b)(4) or (b)(5) of 
this section shall calculate the site-specific operating parameter value 
as the arithmetic average of the minimum operating parameter values that 
demonstrate compliance with Sec.  63.745(d)and Sec.  63.747(d) during 
the three test runs required by Sec.  63.750(h)(2)(iv).
    (8) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications. Every 3 months, facilities shall replace the temperature 
sensors or

[[Page 297]]

have the temperature sensors recalibrated. As an alternative, a facility 
may use a continuous emission monitoring system (CEMS) to verify that 
there has been no change in the destruction efficiency and effluent 
composition of the incinerator.
    (9) Where an incinerator other than a catalytic incinerator is used, 
a thermocouple equipped with a continuous recorder shall be installed 
and continuously operated in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (10) Where a catalytic incinerator is used, thermocouples, each 
equipped with a continuous recorder, shall be installed and continuously 
operated in the gas stream immediately before and after the catalyst 
bed.
    (11) For each incinerator other than a catalytic incinerator, each 
owner or operator shall establish during each performance test during 
which compliance is demonstrated, including the initial performance 
test, the minimum combustion temperature as a site-specific operating 
parameter. This minimum combustion temperature shall be the operating 
parameter value that demonstrates compliance with Sec. Sec.  63.745(d) 
and 63.747(d).
    (12) For each catalytic incinerator, each owner or operator shall 
establish during each performance test during which compliance is 
demonstrated, including the initial performance test, the minimum gas 
temperature upstream of the catalyst bed and the minimum gas temperature 
difference across the catalyst bed as site-specific operating 
parameters. These minimum temperatures shall be the operating parameter 
values that demonstrate compliance with Sec. Sec.  63.745(d) and 
63.747(d).
    (c) Dry particulate filter, HEPA filter, and waterwash systems--
primer, topcoat, and specialty coating application operations. (1) Each 
owner or operator using a dry particulate filter system to meet the 
requirements of Sec.  63.745(g)(2) shall, while primer, topcoat, and 
specialty coating application operations are occurring, continuously 
monitor the pressure drop across the system and read and record the 
pressure drop once per shift following the recordkeeping requirements of 
Sec.  63.752(d), or install an interlock system as specified in Sec.  
63.745(g)(2)(iv)(C).
    (2) Each owner or operator using a conventional waterwash system to 
meet the requirements of Sec.  63.745(g)(2) shall, while primer or 
topcoat application operations are occurring, continuously monitor the 
water flow rate through the system and read and record the water flow 
rate once per shift following the recordkeeping requirements of Sec.  
63.752(d), or install an interlock system as specified in Sec.  
63.745(g)(2)(v). Each owner or operator using a pumpless waterwash 
system to meet the requirements of Sec.  63.745(g)(2) shall, while 
primer, topcoat, and specialty coating application operations are 
occurring, measure and record the parameter(s) recommended by the booth 
manufacturer that indicate booth performance once per shift, following 
the recordkeeping requirements of Sec.  63.752(d), or install an 
interlock system as specified in Sec.  63.745(g)(2)(v).
    (d) Particulate filters and waterwash booths--depainting operations. 
Each owner or operator using a dry particulate filter or a conventional 
waterwash system in accordance with the requirements of Sec.  
63.746(b)(4) shall, while depainting operations are occurring, 
continuously monitor the pressure drop across the particulate filters or 
the water flow rate through the conventional waterwash system and read 
and record the pressure drop or the water flow rate once per shift 
following the recordkeeping requirements of Sec.  63.752(e). Each owner 
or operator using a pumpless waterwash system to meet the requirements 
of Sec.  63.746(b)(4) shall, while depainting operations are occurring, 
measure and record the parameter(s) recommended by the booth 
manufacturer that indicate booth performance once per shift, following 
the recordkeeping requirements of Sec.  63.752(e).
    (e) Use of an alternative monitoring method--(1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source shall remain subject to the requirements of this 
section.
    (2) After receipt and consideration of written application, the 
Administrator

[[Page 298]]

may approve alternatives to any monitoring methods or procedures of this 
section including, but not limited to, the following:
    (i) Alternative monitoring requirements when the affected source is 
infrequently operated; or
    (ii) Alternative locations for installing continuous monitoring 
systems when the owner or operator can demonstrate that installation at 
alternate locations will enable accurate and representative 
measurements; or
    (iii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified in this section.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section. If the results of 
the specified and the alternative method, requirement, or procedure do 
not agree, the results obtained by the specified method, requirement, or 
procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall submit 
an application to the Administrator as described in paragraph (e)(4)(ii) 
of this section. The application may be submitted at any time provided 
that the monitoring method is not used to demonstrate compliance with a 
relevant standard or other requirement. If the alternative monitoring 
method is to be used to demonstrate compliance with a relevant standard, 
the application shall be submitted not later than with the site-specific 
test plan required in Sec.  63.7(c) (if requested) or with the site-
specific performance evaluation plan (if requested), or at least 60 days 
before the performance evaluation is scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and information justifying the owner's or 
operator's request for an alternative monitoring method, such as the 
technical or economic infeasibility, or the impracticality, of the 
affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (e)(4)(i) of this section to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this subpart.
    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of his/her intention 
to deny approval of the request to use an alternative monitoring method 
within 60 calendar days after receipt of the original request and within 
60 calendar days after receipt of any supplementary information that is 
submitted. If notification of intent to deny approval is not received 
within 60 calendar days, the alternative monitoring method is to be 
considered approved. Before disapproving any request to use an 
alternative monitoring method, the Administrator will notify the 
applicant of the Administrator's intent to disapprove the request 
together with:
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (e)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until approval is received from the 
Administrator to use another monitoring method as allowed by paragraph 
(e) of this section.
    (f) Reduction of monitoring data. (1) The data may be recorded in 
reduced or nonreduced form (e.g., parts per million (ppm) pollutant and 
% O2 or nanograms per Joule (ng/J) of pollutant).

[[Page 299]]

    (2) All emission data shall be converted into units specified in 
this subpart for reporting purposes. After conversion into units 
specified in this subpart, the data may be rounded to the same number of 
significant digits as used in this subpart to specify the emission limit 
(e.g., rounded to the nearest 1% overall reduction efficiency).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76186, Dec. 
7, 2015]



Sec.  63.752  Recordkeeping requirements.

    (a) General. Each owner or operator of a source subject to this 
subpart shall fulfill all recordkeeping requirements specified in Sec.  
63.10(a), (b), (d), and (f), except Sec.  63.10(b)(2)(i), (iv) and (v). 
Each owner or operator must also record and maintain according to Sec.  
63.10(b)(1) the information specified in paragraph (a)(1) through (3) of 
this section.
    (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 each 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 
quantity 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.  63.743(e), and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (b) Cleaning operation. Each owner or operator of a new or existing 
cleaning operation subject to this subpart shall record the information 
specified in paragraphs (b)(1) through (b)(5) of this section, as 
appropriate.
    (1) The name, vapor pressure, and documentation showing the organic 
HAP constituents of each cleaning solvent used for affected cleaning 
operations at the facility.
    (2) For each cleaning solvent used in hand-wipe cleaning operations 
that complies with the composition requirements specified in Sec.  
63.744(b)(1) or for semi-aqueous cleaning solvents used for flush 
cleaning operations:
    (i) The name of each cleaning solvent used;
    (ii) All data and calculations that demonstrate that the cleaning 
solvent complies with one of the composition requirements; and
    (iii) Annual records of the volume of each solvent used, as 
determined from facility purchase records or usage records.
    (3) For each cleaning solvent used in hand-wipe cleaning operations 
that does not comply with the composition requirements in Sec.  
63.744(b)(1), but does comply with the vapor pressure requirement in 
Sec.  63.744(b)(2):
    (i) The name of each cleaning solvent used;
    (ii) The composite vapor pressure of each cleaning solvent used;
    (iii) All vapor pressure test results, if appropriate, data, and 
calculations used to determine the composite vapor pressure of each 
cleaning solvent; and
    (iv) The amount (in gallons) of each cleaning solvent used each 
month at each operation.
    (4) For each cleaning solvent used for the exempt hand-wipe cleaning 
operations specified in Sec.  63.744(e) that does not conform to the 
vapor pressure or composition requirements of Sec.  63.744(b):
    (i) The identity and amount (in gallons) of each cleaning solvent 
used each month at each operation; and
    (ii) A list of the processes set forth in Sec.  63.744(e) to which 
the cleaning operation applies.
    (5) A record of all leaks from enclosed spray gun cleaners 
identified pursuant to Sec.  63.751(a) that includes for each leak 
found:
    (i) Source identification;
    (ii) Date leak was discovered; and
    (iii) Date leak was repaired.
    (c) Primer, topcoat, and specialty coating application operations--
organic HAP and VOC. Each owner or operator required to comply with the 
organic HAP and VOC content limits specified in Sec.  63.745(c) shall 
record the information specified in paragraphs (c)(1) through (6) of 
this section, as appropriate. Each owner and operator using coating 
manufacturer's supplied data to demonstrate compliance with the 
applicable organic HAP or VOC limit specified

[[Page 300]]

in Sec.  63.745(c) may retain the manufacturer's documentation and 
annual purchase records in place of the records specified in paragraphs 
(c)(2) and (3) of this section. Owners and operators using the coating 
manufacturer's supplied data to demonstrate compliance based on the HAP 
content of the coating, and adding non-HAP solvent to those coatings, 
must also maintain records of the non-HAP solvent added to the coating.
    (1) The name and VOC content as received and as applied of each 
primer, topcoat, and specialty coating used at the facility.
    (2) For uncontrolled primers, topcoats, and specialty coatings that 
meet the organic HAP and VOC content limits in Sec.  63.745(c)(1) 
through (c)(6) without averaging:
    (i) The mass of organic HAP emitted per unit volume of coating as 
applied (less water) (Hi) and the mass of VOC emitted per 
unit volume of coating as applied (less water and exempt solvents) 
(Gi) for each coating formulation within each coating 
category used each month (as calculated using the procedures specified 
in Sec.  63.750(c) and (e));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and 
Gi; and
    (iii) The volume (gal) of each coating formulation within each 
coating category used each month.
    (3) For ``low HAP content'' uncontrolled primers with organic HAP 
content less than or equal to 250 g/l (2.1 lb/gal) less water as applied 
and VOC content less than or equal to 250 g/l (2.1 lb/gal) less water 
and exempt solvents as applied:
    (i) Annual purchase records of the total volume of each primer 
purchased; and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the organic HAP and VOC content as 
applied. These records shall consist of the manufacturer's certification 
when the primer is applied as received, or the data and calculations 
used to determine Hi if not applied as received.
    (4) For primers, topcoats, and specialty coatings complying with the 
organic HAP or VOC content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of coating as applied (less water) 
(Ha) and of VOC emitted per unit volume of coating as applied 
(less water and exempt solvents) (Ga) for all coatings (as 
determined by the procedures specified in Sec.  63.750(d) and (f)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and 
Ga.
    (5) For primers, topcoats, and specialty coatings that are 
controlled by a control device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under Sec.  
63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature recorded under Sec.  63.751(b)(10) and all calculated 3-hour 
averages of the recorded temperatures.
    (6) For primers, topcoats, and specialty coatings that are 
controlled by a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec.  63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The

[[Page 301]]

record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (d) Primer, topcoat, and specialty coating application operations--
inorganic HAP emissions. (1) Each owner or operator complying with Sec.  
63.745(g) for the control of inorganic HAP emissions from primer, 
topcoat, and specialty coating application operations through the use of 
a dry particulate filter system or a HEPA filter system shall record the 
pressure drop across the operating system once each shift during which 
coating operations occur.
    (2) Each owner or operator complying with Sec.  63.745(g) through 
the use of a conventional waterwash system shall record the water flow 
rate through the operating system once each shift during which coating 
operations occur. Each owner or operator complying with Sec.  63.745(g) 
through the use of a pumpless waterwash system shall record the 
parameter(s) recommended by the booth manufacturer that indicate the 
performance of the booth once each shift during which coating operations 
occur.
    (3) This log shall include the acceptable limit(s) of pressure drop, 
water flow rate, or for the pumpless waterwash booth, the booth 
manufacturer recommended parameter(s) that indicate the booth 
performance, as applicable, as specified by the filter or booth 
manufacturer or in locally prepared operating procedures.
    (e) Depainting operations. Each owner or operator subject to the 
depainting standards specified in Sec.  63.746 shall record the 
information specified in paragraphs (e)(1) through (e)(7) of this 
section, as appropriate.
    (1) General. For all chemical strippers used in the depainting 
operation:
    (i) The name of each chemical stripper; and
    (ii) Monthly volumes of each organic HAP containing chemical 
stripper used or monthly weight of organic HAP-material used for spot 
stripping and decal removal.
    (2) For HAP-containing chemical strippers that are controlled by a 
carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec.  63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (3) For HAP-containing chemical strippers that are controlled by a 
control device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) [Reserved]
    (4) For each type of aircraft depainted at the facility, a listing 
of the parts, subassemblies, and assemblies normally removed from the 
aircraft before depainting. Prototype, test model or aircraft that exist 
in low numbers (i.e., less than 25 aircraft of any one type) are exempt 
from this requirement.
    (5) Non-chemical based equipment. If dry media blasting equipment is 
used to comply with the organic HAP emission limit specified in Sec.  
63.746(b)(1):
    (i) The names and types of non-chemical based equipment; and
    (ii) For periods of malfunction,
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and

[[Page 302]]

    (F) The date that the malfunction was corrected.
    (6) Spot stripping and decal removal. For spot stripping and decal 
removal, the volume of organic HAP-containing chemical stripper or 
weight of organic HAP used, the annual average volume of organic HAP-
containing chemical stripper or weight of organic HAP used per aircraft, 
the annual number of aircraft stripped, and all data and calculations 
used.
    (7) Inorganic HAP emissions. Each owner or operator shall record the 
actual pressure drop across the particulate filters or the visual 
continuity of the water curtain and water flow rate for conventional 
waterwash systems once each shift in which the depainting process is in 
operation. For pumpless waterwash systems, the owner or operator shall 
record the parameter(s) recommended by the booth manufacturer that 
indicate the performance of the booth once per shift in which the 
depainting process is in operation. This log shall include the 
acceptable limit(s) of the pressure drop as specified by the filter 
manufacturer, the visual continuity of the water curtain and the water 
flow rate for conventional waterwash systems, or the recommended 
parameter(s) that indicate the booth performance for pumpless systems as 
specified by the booth manufacturer or in locally prepared operating 
procedures.
    (f) Chemical milling maskant application operations. Each owner or 
operator seeking to comply with the organic HAP and VOC content limits 
for the chemical milling maskant application operation, as specified in 
Sec.  63.747(c), or the control system requirements specified in Sec.  
63.747(d), shall record the information specified in paragraphs (f)(1) 
through (4) of this section, as appropriate. Each owner and operator 
using coating manufacturer's supplied data to demonstrate compliance 
with the applicable organic HAP or VOC limit specified in Sec.  
63.747(c) may retain the manufacturer's documentation and annual 
purchase records in place of the records specified in paragraph (f)(1) 
of this section. Owners and operators using the coating manufacturer's 
supplied data to demonstrate compliance based on the HAP content of the 
coating, and adding non-HAP solvent to those coatings, must also 
maintain records of the non-HAP solvent added to the coating.
    (1) For uncontrolled chemical milling maskants that meet the organic 
HAP or VOC content limit without averaging:
    (i) The mass of organic HAP emitted per unit volume of chemical 
milling maskant as applied (less water) (Hi) and the mass of 
VOC emitted per unit volume of chemical milling maskant as applied (less 
water and exempt solvents) (Gi) for each chemical milling 
maskant formulation used each month (as determined by the procedures 
specified in Sec.  63.750 (k) and (m));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and 
Gi; and
    (iii) The volume (gal) of each chemical milling maskant formulation 
used each month.
    (2) For chemical milling maskants complying with the organic HAP or 
VOC content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of chemical milling maskant as applied (less 
water) (Ha) and of VOC emitted per unit volume of chemical 
milling maskant as applied (less water and exempt solvents) 
(Ga) for all chemical milling maskants (as determined by the 
procedures specified in Sec.  63.750 (l) and (n)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and 
Ga.
    (3) For chemical milling maskants that are controlled by a carbon 
adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or

[[Page 303]]

    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec.  63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (4) For chemical milling maskants that are controlled by a control 
device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec.  63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under Sec.  
63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature recorded under Sec.  63.751(b)(10) and all calculated 3-hour 
averages of the recorded temperatures.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998; 80 FR 76187, Dec. 7, 2015]



Sec.  63.753  Reporting requirements.

    (a)(1) Except as provided in paragraphs (a)(2) through (5) of this 
section, each owner or operator subject to this subpart shall fulfill 
the requirements contained in Sec.  63.9(a) through (e) and (h) through 
(j), Notification requirements, and Sec.  63.10(a), (b), (d), and (f), 
Recordkeeping and reporting requirements, of the General Provisions, 40 
CFR part 63, subpart A, and that the initial notification for existing 
sources required in Sec.  63.9(b)(2) shall be submitted not later than 
September 1, 1997, or as specified in Sec.  63.9(b)(2). In addition to 
the requirements of Sec.  63.9(h), the notification of compliance status 
shall include:
    (i) Information detailing whether the source has operated within the 
specified ranges of its designated operating parameters.
    (ii) For each coating line, where averaging will be used along with 
the types of quantities of coatings the facility expects to use in the 
first year of operation. Averaging scheme shall be approved by the 
Administrator or delegated State authority and shall be included as part 
of the facility's title V or part 70 permit.
    (2) The initial notification for existing sources, required in Sec.  
63.9(b)(2) shall be submitted no later than September 1, 1997, or as 
specified in Sec.  63.9(b)(2). For the purposes of this subpart, a title 
V or part 70 permit application may be used in lieu of the initial 
notification required under Sec.  63.9(b)(2), provided the same 
information is contained in the permit application as required by Sec.  
63.9(b)(2), and the State to which the permit application has been 
submitted has an approved operating permit program under part 70 of this 
chapter and has received delegation of authority from the EPA. Permit 
applications shall be submitted by the same due dates as those specified 
for the initial notifications.
    (3) For the purposes of this subpart, the Administrator will notify 
the owner or operator in writing of approval or disapproval of the 
request for an adjustment to a particular time period or postmark 
deadline submitted under Sec.  63.9(i) within 30 calendar days of 
receiving sufficient information to evaluate the request, rather than 15 
calendar days as provided for in Sec.  63.9(i)(3).
    (4) Each owner or operator subject to this subpart is not required 
to comply with Sec.  63.10(b)(2)(i), (b)(2)(iv), (b)(2)(v), and (d)(5).
    (5) If a source fails to meet an applicable standard specified in 
Sec. Sec.  63.744 through 63.748, report such events in the semiannual 
report:
    (i) The number of failures to meet an applicable standard.
    (ii) For each instance, report the date, time, and duration of each 
failure.
    (iii) 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.

[[Page 304]]

    (b) Cleaning operation. Each owner or operator of a cleaning 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any instance where a noncompliant cleaning solvent is used for a 
non-exempt hand-wipe cleaning operation;
    (ii) A list of any new cleaning solvents used for hand-wipe cleaning 
in the previous 6 months and, as appropriate, their composite vapor 
pressure or notification that they comply with the composition 
requirements specified in Sec.  63.744(b)(1);
    (iii) Any instance where a noncompliant spray gun cleaning method is 
used;
    (iv) Any instance where a leaking enclosed spray gun cleaner remains 
unrepaired and in use for more than 15 days; and
    (v) If the operations have been in compliance for the semiannual 
period, a statement that the cleaning operations have been in compliance 
with the applicable standards. Sources shall also submit a statement of 
compliance signed by a responsible company official certifying that the 
facility is in compliance with all applicable requirements.
    (c) Primer, topcoat, and specialty coating application operations. 
Each owner or operator of a primer or topcoat application operation 
subject to this subpart shall submit the following information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) For primers, topcoats, and specialty coatings where compliance 
is not being achieved through the use of averaging or a control device, 
the HAP or VOC content in manufacturer's supplied data as recorded under 
Sec.  63.752(c), or each value of Hi and Gi, as 
recorded under Sec.  63.752(c)(2)(i), that exceeds the applicable 
organic HAP or VOC content limit specified in Sec.  63.745(c);
    (ii) For primers, topcoats, and specialty coatings where compliance 
is being achieved through the use of averaging, each value of 
Ha and Ga, as recorded under Sec.  
63.752(c)(4)(i), that exceeds the applicable organic HAP or VOC content 
limit specified in Sec.  63.745(c);
    (iii) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under Sec.  
63.751(b) (11) or (12) during the most recent performance test during 
which compliance was demonstrated;
    (iv) If a carbon adsorber is used;
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (v) For control devices other than an incinerator or carbon 
adsorber, each exceedance of the operating parameter(s) established for 
the control device under the initial performance test during which 
compliance was demonstrated;
    (vi) All times when a primer or topcoat application operation was 
not immediately shut down when the pressure drop across a dry 
particulate filter or HEPA filter system, the water flow rate through a 
conventional waterwash system, or the recommended parameter(s) that 
indicate the booth performance for pumpless systems, as appropriate, was 
outside the limit(s) specified by the filter or booth manufacturer or in 
locally prepared operating procedures;
    (vii) If the operations have been in compliance for the semiannual 
period, a statement that the operations have been in compliance with the 
applicable standards; and,
    (2) Annual reports beginning 12 months after the date of the 
notification of compliance status listing the number of times the 
pressure drop or water flow rate for each dry filter or waterwash 
system, as applicable, was

[[Page 305]]

outside the limit(s) specified by the filter or booth manufacturer or in 
locally prepared operating procedures.
    (d) Depainting operation. Each owner or operator of a depainting 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any 24-hour period where organic HAP were emitted from the 
depainting of aerospace vehicles, other than from the exempt operations 
listed in Sec.  63.746 (a), (b)(3), and (b)(5).
    (ii) Any new chemical strippers used at the facility during the 
reporting period;
    (iii) The organic HAP content of these new chemical strippers;
    (iv) For each chemical stripper that undergoes reformulation, its 
organic HAP content;
    (v) Any new non-chemical depainting technique in use at the facility 
since the notification of compliance status or any subsequent semiannual 
report was filed;
    (vi) For periods of malfunctions:
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected;
    (vii) All periods where a nonchemical depainting operation subject 
to Sec.  63.746(b)(2) and (b)(4) for the control of inorganic HAP 
emissions was not immediately shut down when the pressure drop, water 
flow rate, or recommended booth parameter(s) was outside the limit(s) 
specified by the filter or booth manufacturer or in locally prepared 
operational procedures;
    (viii) A list of new and discontinued aircraft models depainted at 
the facility over the last 6 months and a list of the parts normally 
removed for depainting for each new aircraft model being depainted; and
    (ix) If the depainting operation has been in compliance for the 
semiannual period, a statement signed by a responsible company official 
that the operation was in compliance with the applicable standards.
    (2) Annual reports occurring every 12 months from the date of the 
notification of compliance status that identify:
    (i) The average volume per aircraft of organic HAP-containing 
chemical strippers or weight of organic HAP used for spot stripping and 
decal removal operations if it exceeds the limits specified in Sec.  
63.746(b)(3); and
    (ii) The number of times the pressure drop limit(s) for each filter 
system or the number of times the water flow rate limit(s) for each 
waterwash system were outside the limit(s) specified by the filter or 
booth manufacturer or in locally prepared operating procedures.
    (3) Where a control device is used to control organic HAP emissions, 
semiannual reports that identify:
    (i) If a carbon adsorber is used,
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81% for existing systems or 
less than 95% for new systems, the initial material balance calculation, 
and any exceedances as demonstrated through the calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (ii) For control devices other than a carbon adsorber, each 
exceedance of the operating parameter(s) established for the control 
device under the initial performance test during which compliance was 
demonstrated;
    (iii) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report.
    (e) Chemical milling maskant application operation. Each owner or 
operator of a chemical milling maskant application operation subject to 
this subpart shall submit semiannual reports occurring every 6 months 
from the date of

[[Page 306]]

the notification of compliance status that identify:
    (1) For chemical milling maskants where compliance is not being 
achieved through the use of averaging or a control device, the HAP or 
VOC content in manufacturer's supplied data as recorded under Sec.  
63.752(f), or each value of Hi and Gi, as recorded 
under Sec.  63.752(f)(1)(i), that exceeds the applicable organic HAP or 
VOC content limit specified in Sec.  63.747(c);
    (2) For chemical milling maskants where compliance is being achieved 
through the use of averaging, each value of Ha and 
Ga, as recorded under Sec.  63.752(f)(2)(i), that exceeds the 
applicable organic HAP or VOC content limit specified in Sec.  
63.747(c);
    (3) Where a control device is used,
    (i) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under Sec.  
63.751(b) (11) or (12) during the most recent performance test during 
which compliance was demonstrated;
    (ii) If a carbon adsorber is used,
    (A) Each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) For nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (iii) For control devices other than an incinerator or carbon 
adsorber, each exceedance of the operating parameter(s) established for 
the control device under the initial performance test during which 
compliance was demonstrated;
    (4) All chemical milling maskants currently in use that were not 
listed in the notification of compliance status or any other subsequent 
semiannual report;
    (5) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report; and
    (6) If the operations have been in compliance for the semiannual 
period, a statement that the chemical milling maskant application 
operation has been in compliance with the applicable standards.
    (f) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests following the procedure 
specified in either paragraph (f)(1) or (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) at the time of the test, 
you must 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/)). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternate electronic 
file format consistent with the extensible markup language (XML) schema 
listed on the EPA's ERT Web site. If you claim that some of the 
performance test information being submitted is confidential business 
information (CBI), you must 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 disc, 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: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (f).
    (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 at the time of the 
test, you

[[Page 307]]

must submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec.  63.13.

[60 FR 45956, Sept. 1, 1996; 61 FR 4903, Feb. 9, 1996, as amended at 61 
FR 66227, Dec. 17, 1996; 63 FR 15023, Mar. 27, 1998; 63 FR 46535, Sept. 
1, 1998; 80 FR 76187, Dec. 7, 2015]



Sec. Sec.  63.754-63.758  [Reserved]



Sec.  63.759  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, 
and 63.649(a).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37352, June 23, 2003]



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

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

[[Page 308]]

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

[[Page 309]]

 
63.8(c)(2)-(d)(2).............  Yes..............
63.8(d)(3)....................  No...............
63.8(e)(1)-(4)................  Yes..............
63.8(e)(5)(i).................  Yes..............
63.8(e)(5)(ii)................  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.8(f)(1)....................  Yes..............
63.8(f)(2)(i)-(vii)...........  Yes..............
63.8(f)(2)(viii)..............  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.8(f)(2)(ix)................  Yes..............
63.8(f)(3)-(6)................  Yes..............
63.8(g).......................  Yes..............
63.9(a).......................  Yes..............
63.9(b)(1)....................  Yes..............
63.9(b)(2)....................  Yes..............  Sec.   63.753(a)(1)
                                                    requires submittal
                                                    of the initial
                                                    notification at
                                                    least 1 year prior
                                                    to the compliance
                                                    date; Sec.
                                                    63.753(a)(2) allows
                                                    a title V or part 70
                                                    permit application
                                                    to be substituted
                                                    for the initial
                                                    notification in
                                                    certain
                                                    circumstances.
63.9(b)(3)....................  Yes..............
63.9(b)(4)....................  Yes..............
63.9(b)(5)....................  Yes..............
63.9(c).......................  Yes..............
63.9(d).......................  Yes..............
63.9(e).......................  Yes..............
63.9(f).......................  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.9(g)(1)....................  No...............
63.9(g)(2)....................  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.9(g)(3)....................  No...............
63.9(h)(1)-(3)................  Yes..............  Sec.   63.753(a)(1)
                                                    also specifies
                                                    additional
                                                    information to be
                                                    included in the
                                                    notification of
                                                    compliance status.
63.9(h)(4)....................  No...............  Reserved.
63.9(h)(5)-(6)................  Yes..............
63.9(i).......................  Yes..............
63.9(j).......................  Yes..............
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
63.10(a)......................  Yes..............
63.10(b)(1)...................  Yes..............
63.10(b)(2)(i)................  No...............
63.10(b)(2)(ii)...............  No...............  See Sec.   63.752(a)
                                                    for recordkeeping of
                                                    (1) date, time, and
                                                    duration; (2)
                                                    listing of affected
                                                    source or equipment,
                                                    and an estimate of
                                                    the quantity of each
                                                    regulated pollutant
                                                    emitted over the
                                                    standard; and (3)
                                                    actions to minimize
                                                    emissions and
                                                    correct the failure.
63.10(b)(2)(iii)..............  Yes..............
63.10(b)(2)(iv)-(v)...........  No...............
63.10(b)(2)(vi)...............  Yes..............
63.10(b)(2)(vi)(A)-(C)........  No...............  Sec.
                                                    63.10(b)(vii)(A),
                                                    (B) and (C) do not
                                                    apply because
                                                    subpart GG does not
                                                    require the use of
                                                    CEMS.
63.10(b)(2)(vii)-(xiv)........
63.10(b)(3)...................  Yes..............
63.10(c)(1)...................  No...............
63.10(c)(2)-(4)...............  No...............  Reserved.
63.10(c)(5)-(6)...............  No...............
63.10(c)(7)-(8)...............  Yes..............
63.10(c)(9)...................  No...............  Reserved.
63.10(c)(10)-(13).............  No...............
63.10(c)(14)..................  No...............  Sec.   63.8(d) does
                                                    not apply to this
                                                    subpart.
63.10(c)(15)..................  No...............
63.10(d)(1)-(2)...............  Yes..............
63.10(d)(3)...................  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.10(d)(4)...................  Yes..............
63.10(d)(5)...................  No...............  See Sec.
                                                    63.753(a)(5) for
                                                    malfunction
                                                    reporting
                                                    requirements.
63.(10)(e)(1).................  No...............
63.10(e)(2)(i)................  No...............
63.10(e)(2)(ii)...............  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.10(e)(3)...................  No...............
63.10(e)(4)...................  No...............  The standards in
                                                    subpart GG do not
                                                    include opacity
                                                    standards.
63.10(f)......................  Yes..............
63.11.........................  Yes..............
63.12.........................  Yes..............
63.13.........................  Yes..............
63.14.........................  Yes..............
63.15.........................  Yes..............
63.16.........................  Yes..............
------------------------------------------------------------------------


[[Page 310]]


[80 FR 76188, Dec. 7, 2015; 85 FR 73894, Nov. 19, 2020]



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

    Ablative coating--A coating that chars when exposed to open flame or 
extreme temperatures, as would occur during the failure of an engine 
casing or during aerodynamic heating. The ablative char surface serves 
as an insulative barrier, protecting adjacent components from the heat 
or open flame.
    Adhesion promoter--A very thin coating applied to a substrate to 
promote wetting and form a chemical bond with the subsequently applied 
material.
    Adhesive bonding primer--A primer applied in a thin film to 
aerospace components for the purpose of corrosion inhibition and 
increased adhesive bond strength by attachment. There are two categories 
of adhesive bonding primers: primers with a design cure at 250 [deg]F or 
below and primers with a design cure above 250 [deg]F.
    Aerosol coating--A hand-held, pressurized, nonrefillable container 
that expels an adhesive or a coating in a finely divided spray when a 
valve on the container is depressed.
    Antichafe coating--A coating applied to areas of moving aerospace 
components that may rub during normal operations or installation.
    Bearing coating--A coating applied to an antifriction bearing, a 
bearing housing, or the area adjacent to such a bearing in order to 
facilitate bearing function or to protect base material from excessive 
wear. A material shall not be classified as a bearing coating if it can 
also be classified as a dry lubricative material or a solid film 
lubricant.
    Bonding maskant--A temporary coating used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions during 
processing for bonding.
    Caulking and smoothing compounds--Semi-solid materials which are 
applied by hand application methods and are used to aerodynamically 
smooth exterior vehicle surfaces or fill cavities such as bolt hole 
accesses. A material shall not be classified as a caulking and smoothing 
compound if it can also be classified as a sealant.
    Chemical agent-resistant coating (CARC)--An exterior topcoat 
designed to withstand exposure to chemical warfare agents or the 
decontaminants used on these agents.
    Clear coating--A transparent coating usually applied over a colored 
opaque coating, metallic substrate, or placard to give improved gloss 
and protection to the color coat. In some cases, a clearcoat refers to 
any transparent coating without regard to substrate.
    Commercial exterior aerodynamic structure primer--A primer used on 
aerodynamic components and structures that protrude from the fuselage, 
such as wings and attached components, control surfaces, horizontal 
stabilizers, vertical fins, wing-to-body fairings, antennae, and landing 
gear and doors, for the purpose of extended corrosion protection and 
enhanced adhesion.
    Commercial interior adhesive--Materials used in the bonding of 
passenger cabin interior components. These components must meet the FAA 
fireworthiness requirements.
    Compatible substrate primer--Includes two categories: compatible 
epoxy primer and adhesive primer. Compatible epoxy primer is primer that 
is compatible with the filled elastomeric coating and is epoxy based. 
The compatible substrate primer is an epoxy-polyamide primer used to 
promote adhesion of elastomeric coatings such as impact-resistant 
coatings. Adhesive primer is a coating that (1) inhibits corrosion and 
serves as a primer applied to bare metal surfaces or prior to adhesive 
application, or (2) is applied to surfaces that can be expected to 
contain fuel. Fuel tank coatings are excluded from this category.
    Corrosion prevention system--A coating system that provides 
corrosion protection by displacing water and penetrating mating 
surfaces, forming a protective barrier between the metal surface and 
moisture. Coatings containing oils or waxes are excluded from this 
category.
    Critical use and line sealer maskant--A temporary coating, not 
covered under other maskant categories, used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions such as those 
used in anodizing, plating, chemical milling and processing of 
magnesium, titanium, high-strength steel, high-precision aluminum 
chemical milling of deep cuts, and aluminum chemical milling of complex 
shapes. Materials used for repairs or to bridge gaps left by scribing 
operations (i.e. line sealer) are also included in this category.
    Cryogenic flexible primer--A primer designed to provide corrosion 
resistance, flexibility, and adhesion of subsequent coating systems when 
exposed to loads up to and surpassing the yield point of the substrate 
at cryogenic temperatures (-275 [deg]F and below).
    Cryoprotective coating--A coating that insulates cryogenic or 
subcooled surfaces to limit propellant boil-off, maintain structural 
integrity of metallic structures during ascent or re-entry, and prevent 
ice formation.
    Cyanoacrylate adhesive--A fast-setting, single component adhesive 
that cures at room temperature. Also known as ``super glue.''
    Dry lubricative material--A coating consisting of lauric acid, cetyl 
alcohol, waxes, or other non-cross linked or resin-bound materials which 
act as a dry lubricant.

[[Page 311]]

    Electric or radiation-effect coating--A coating or coating system 
engineered to interact, through absorption or reflection, with specific 
regions of the electromagnetic energy spectrum, such as the ultraviolet, 
visible, infrared, or microwave regions. Uses include, but are not 
limited to, lightning strike protection, electromagnetic pulse (EMP) 
protection, and radar avoidance. Coatings that have been designated as 
``Classified National Security Information'' by the Department of 
Defense are exempt.
    Electrostatic discharge and electromagnetic interference (EMI) 
coating--A coating applied to aerospace vehicles and components to 
disperse static energy or reduce electromagnetic interference.
    Elevated-temperature Skydrol-resistant commercial primer--A primer 
applied primarily to commercial aircraft (or commercial aircraft adapted 
for military use) that must withstand immersion in phosphate-ester (PE) 
hydraulic fluid (Skydrol 500b or equivalent) at the elevated temperature 
of 150 [deg]F for 1,000 hours.
    Epoxy polyamide topcoat--A coating used where harder films are 
required or in some areas where engraving is accomplished in camouflage 
colors.
    Fire-resistant (interior) coating--For civilian aircraft, fire-
resistant interior coatings are used on passenger cabin interior parts 
that are subject to the FAA fireworthiness requirements. For military 
aircraft, fire-resistant interior coatings are used on parts subject to 
the flammability requirements of MIL-STD-1630A and MIL-A-87721. For 
space applications, these coatings are used on parts subject to the 
flammability requirements of SE-R-0006 and SSP 30233.
    Flexible primer--A primer that meets flexibility requirements such 
as those needed for adhesive bond primed fastener heads or on surfaces 
expected to contain fuel. The flexible coating is required because it 
provides a compatible, flexible substrate over bonded sheet rubber and 
rubber-type coatings as well as a flexible bridge between the fasteners, 
skin, and skin-to-skin joints on outer aircraft skins. This flexible 
bridge allows more topcoat flexibility around fasteners and decreases 
the chance of the topcoat cracking around the fasteners. The result is 
better corrosion resistance.
    Flight test coating--A coating applied to aircraft other than 
missiles or single-use aircraft prior to flight testing to protect the 
aircraft from corrosion and to provide required marking during flight 
test evaluation.
    Fuel tank adhesive--An adhesive used to bond components exposed to 
fuel and that must be compatible with fuel tank coatings.
    Fuel tank coating--A coating applied to fuel tank components to 
inhibit corrosion and/or bacterial growth and to assure sealant adhesion 
in extreme environmental conditions.
    High temperature coating--A coating designed to withstand 
temperatures of more than 350 [deg]F.
    Insulation covering--Material that is applied to foam insulation to 
protect the insulation from mechanical or environmental damage.
    Intermediate release coating--A thin coating applied beneath 
topcoats to assist in removing the topcoat in depainting operations and 
generally to allow the use of less hazardous depainting methods.
    Lacquer--A clear or pigmented coating formulated with a 
nitrocellulose or synthetic resin to dry by evaporation without a 
chemical reaction. Lacquers are resoluble in their original solvent.
    Metalized epoxy coating--A coating that contains relatively large 
quantities of metallic pigmentation for appearance and/or added 
protection.
    Mold release--A coating applied to a mold surface to prevent the 
molded piece from sticking to the mold as it is removed.
    Nonstructural adhesive--An adhesive that bonds nonload bearing 
aerospace components in noncritical applications and is not covered in 
any other specialty adhesive categories.
    Optical anti-reflection coating--A coating with a low reflectance in 
the infrared and visible wavelength ranges, which is used for anti-
reflection on or near optical and laser hardware.
    Part marking coating--Coatings or inks used to make identifying 
markings on materials, components, and/or assemblies. These markings may 
be either permanent or temporary.
    Pretreatment coating--An organic coating that contains at least 0.5 
percent acids by weight and is applied directly to metal or composite 
surfaces to provide surface etching, corrosion resistance, adhesion, and 
ease of stripping.
    Rain erosion-resistant coating--A coating or coating system used to 
protect the leading edges of parts such as flaps, stabilizers, radomes, 
engine inlet nacelles, etc. against erosion caused by rain impact during 
flight.
    Rocket motor bonding adhesive--An adhesive used in rocket motor 
bonding applications.
    Rocket motor nozzle coating--A catalyzed epoxy coating system used 
in elevated temperature applications on rocket motor nozzles.
    Rubber-based adhesive--Quick setting contact cements that provide a 
strong, yet flexible, bond between two mating surfaces that may be of 
dissimilar materials.
    Scale inhibitor--A coating that is applied to the surface of a part 
prior to thermal processing to inhibit the formation of scale.
    Screen print ink--Inks used in screen printing processes during 
fabrication of decorative laminates and decals.
    Seal coat maskant--An overcoat applied over a maskant to improve 
abrasion and

[[Page 312]]

chemical resistance during production operations.
    Sealant--A material used to prevent the intrusion of water, fuel, 
air, or other liquids or solids from certain areas of aerospace vehicles 
or components. There are two categories of sealants: extrudable/
rollable/brushable sealants and sprayable sealants.
    Silicone insulation material--Insulating material applied to 
exterior metal surfaces for protection from high temperatures caused by 
atmospheric friction or engine exhaust. These materials differ from 
ablative coatings in that they are not ``sacrificial.''
    Solid film lubricant--A very thin coating consisting of a binder 
system containing as its chief pigment material one or more of the 
following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or 
other solids that act as a dry lubricant between faying surfaces.
    Specialized function coatings--Coatings that fulfill extremely 
specific engineering requirements that are limited in application and 
are characterized by low volume usage. This category excludes coatings 
covered in other Specialty Coating categories.
    Structural autoclavable adhesive--An adhesive used to bond load-
carrying aerospace components that is cured by heat and pressure in an 
autoclave.
    Structural nonautoclavable adhesive--An adhesive cured under ambient 
conditions that is used to bond load-carrying aerospace components or 
for other critical functions, such as nonstructural bonding in the 
proximity of engines.
    Temporary protective coating--A coating applied to provide scratch 
or corrosion protection during manufacturing, storage, or 
transportation. Two types include peelable protective coatings and 
alkaline removable coatings. These materials are not intended to protect 
against strong acid or alkaline solutions. Coatings that provide this 
type of protection from chemical processing are not included in this 
category.
    Thermal control coating--Coatings formulated with specific thermal 
conductive or radiative properties to permit temperature control of the 
substrate.
    Touch-up and Repair Coating--A coating used to cover minor coating 
imperfections appearing after the main coating operation.
    Wet fastener installation coating--A primer or sealant applied by 
dipping, brushing, or daubing to fasteners that are installed before the 
coating is cured.
    Wing coating--A corrosion-resistant topcoat that is resilient enough 
to withstand the flexing of the wings.

[63 FR 15026, Mar. 27, 1998, as amended at 80 FR 76191, Dec. 7, 2015]



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

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



Sec.  63.760  Applicability and designation of affected source.

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

[[Page 313]]

prior to October 15, 2012, the owner or operator shall calculate the 
maximum natural gas or hydrocarbon liquid throughput used to determine 
maximum potential emissions according to the requirements specified in 
paragraph (a)(1)(i)(A) of this section. In all other circumstances, the 
owner or operator shall calculate the maximum throughput used to 
determine whether a facility is a major source in accordance with the 
requirements specified in paragraph (a)(1)(i)(B) of this section.
    (A) The maximum natural gas or hydrocarbon liquid throughput is the 
average of the annual natural gas or hydrocarbon liquid throughput for 
the 3 years prior to October 15, 2012, multiplied by a factor of 1.2.
    (B) The maximum natural gas or hydrocarbon liquid throughput is the 
highest annual natural gas or hydrocarbon liquid throughput over the 5 
years prior to October 15, 2012, multiplied by a factor of 1.2.
    (ii) The owner or operator shall maintain records of the annual 
facility natural gas or hydrocarbon liquid throughput each year and upon 
request submit such records to the Administrator. If the facility annual 
natural gas or hydrocarbon liquid throughput increases above the maximum 
natural gas or hydrocarbon liquid throughput calculated in paragraph 
(a)(1)(i)(A) or (a)(1)(i)(B) of this section, the maximum natural gas or 
hydrocarbon liquid throughput must be recalculated using the higher 
throughput multiplied by a factor of 1.2.
    (iii) The owner or operator shall determine the maximum values for 
other parameters used to calculate emissions as the maximum for the 
period over which the maximum natural gas or hydrocarbon liquid 
throughput is determined in accordance with paragraph (a)(1)(i)(A) or 
(B) of this section. Parameters, other than glycol circulation rate, 
shall be based on either highest measured values or annual average. For 
estimating maximum potential emissions from glycol dehydration units, 
the glycol circulation rate used in the calculation shall be the unit's 
maximum rate under its physical and operational design consistent with 
the definition of potential to emit in Sec.  63.2.
    (2) Facilities that process, upgrade, or store hydrocarbon liquids.
    (3) Facilities that process, upgrade, or store natural gas prior to 
the point at which natural gas enters the natural gas transmission and 
storage source category or is delivered to a final end user. For the 
purposes of this subpart, natural gas enters the natural gas 
transmission and storage source category after the natural gas 
processing plant, when present. If no natural gas processing plant is 
present, natural gas enters the natural gas transmission and storage 
source category after the point of custody transfer.
    (b) The affected sources for major sources are listed in paragraph 
(b)(1) of this section and for area sources in paragraph (b)(2) of this 
section.
    (1) For major sources, the affected source shall comprise each 
emission point located at a facility that meets the criteria specified 
in paragraph (a) of this section and listed in paragraphs (b)(1)(i) 
through (b)(1)(iv) of this section.
    (i) Each glycol dehydration unit as specified in paragraphs 
(b)(1)(i)(A) through (C) of this section.
    (A) Each large glycol dehydration unit;
    (B) Each small glycol dehydration unit for which construction 
commenced on or before August 23, 2011, is an existing small glycol 
dehydration unit; and
    (C) Each small glycol dehydration unit for which construction 
commenced after August 23, 2011, is a new small glycol dehydration unit.
    (ii) Each storage vessel with the potential for flash emissions;
    (iii) The group of all ancillary equipment, except compressors, 
intended to operate in volatile hazardous air pollutant service (as 
defined in Sec.  63.761), which are located at natural gas processing 
plants; and
    (iv) Compressors intended to operate in volatile hazardous air 
pollutant service (as defined in Sec.  63.761), which are located at 
natural gas processing plants.
    (2) For area sources, the affected source includes each triethylene 
glycol (TEG) dehydration unit located at a facility that meets the 
criteria specified in paragraph (a) of this section.

[[Page 314]]

    (c) Any source that determines it is not a major source but has 
actual emissions of 5 tons per year or more of a single HAP, or 12.5 
tons per year or more of a combination of HAP (i.e., 50 percent of the 
major source thresholds), shall update its major source determination 
within 1 year of the prior determination or October 15, 2012, whichever 
is later, and each year thereafter, using gas composition data measured 
during the preceding 12 months.
    (d) The owner and operator of a facility that does not contain an 
affected source as specified in paragraph (b) of this section are not 
subject to the requirements of this subpart.
    (e) Exemptions. The facilities listed in paragraphs (e)(1) and 
(e)(2) of this section are exempt from the requirements of this subpart. 
Records shall be maintained as required in Sec.  63.10(b)(3).
    (1) A facility that exclusively processes, stores, or transfers 
black oil (as defined in Sec.  63.761) is not subject to the 
requirements of this subpart. For the purposes of this subpart, a black 
oil facility that uses natural gas for fuel or generates gas from black 
oil shall qualify for this exemption.
    (2) A major source facility, prior to the point of custody transfer, 
with a facility-wide actual annual average natural gas throughput less 
than 18.4 thousand standard cubic meters per day and a facility-wide 
actual annual average hydrocarbon liquid throughput less than 39,700 
liters per day.
    (f) The owner or operator of an affected major source shall achieve 
compliance with the provisions of this subpart by the dates specified in 
paragraphs (f)(1), (2), and (f)(7) through (9) of this section. The 
owner or operator of an affected area source shall achieve compliance 
with the provisions of this subpart by the dates specified in paragraphs 
(f)(3) through (6) of this section.
    (1) Except as specified in paragraphs (f)(7) through (9) of this 
section, the owner or operator of an affected major source, the 
construction or reconstruction of which commenced before February 6, 
1998, shall achieve compliance with the applicable provisions of this 
subpart no later than June 17, 2002, except as provided for in Sec.  
63.6(i). The owner or operator of an area source, the construction or 
reconstruction of which commenced before February 6, 1998, that 
increases its emissions of (or its potential to emit) HAP such that the 
source becomes a major source that is subject to this subpart shall 
comply with this subpart 3 years after becoming a major source.
    (2) Except as specified in paragraphs (f)(7) through (9) of this 
section, the owner or operator of an affected major source, the 
construction or reconstruction of which commences on or after February 
6, 1998, shall achieve compliance with the applicable provisions of this 
subpart immediately upon initial startup or June 17, 1999, whichever 
date is later. Area sources, other than production field facilities 
identified in (f)(9) of this section, the construction or reconstruction 
of which commences on or after February 6, 1998, that become major 
sources shall comply with the provisions of this standard immediately 
upon becoming a major source.
    (3) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec.  63.761, the construction or 
reconstruction of which commences before February 6, 1998, shall achieve 
compliance with the provisions of this subpart no later than the dates 
specified in paragraphs (f)(3)(i) or (ii) of this section, except as 
provided for in Sec.  63.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec.  63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec.  63.761, the compliance date 
is January 5, 2009.
    (4) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec.  63.761, the construction or 
reconstruction of which commences on or after February 6, 1998, shall 
achieve compliance with the provisions of this subpart immediately upon 
initial startup or January 3, 2007, whichever date is later.
    (5) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec.  63.761, the 
construction or reconstruction of which commences before July 8, 2005, 
shall achieve compliance with the provisions of this subpart no later 
than

[[Page 315]]

the dates specified in paragraphs (f)(5)(i) or (ii) of this section, 
except as provided for in Sec.  3.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec.  63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec.  63.761, the compliance date 
is January 5, 2009.
    (6) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec.  63.761, the 
construction or reconstruction of which commences on or after July 8, 
2005, shall achieve compliance with the provisions of this subpart 
immediately upon initial startup or January 3, 2007, whichever date is 
later.
    (7) Each affected existing small glycol dehydration unit, as defined 
in Sec.  63.761, located at a major source, that commenced construction 
before August 23, 2011, must achieve compliance no later than October 
15, 2015, except as provided in Sec.  63.6(i).
    (8) Each affected new small glycol dehydration unit, as defined in 
Sec.  63.761, located at a major source, that commenced construction on 
or after August 23, 2011, must achieve compliance immediately upon 
initial startup or October 15, 2012, whichever is later.
    (9) A production field facility, as defined in Sec.  63.761, 
constructed on or before August 23, 2011, that was previously determined 
to be an area source but becomes a major source (as defined in paragraph 
3 of the major source definition in Sec.  63.761) on the October 15, 
2012 must achieve compliance no later than October 15, 2015, except as 
provided in Sec.  63.6(i).
    (g) The following provides owners or operators of an affected source 
at a major source with information on overlap of this subpart with other 
regulations for equipment leaks. The owner or operator of an affected 
source at a major source shall document that they are complying with 
other regulations by keeping the records specified in Sec.  
63.774(b)(9).
    (1) [Reserved]
    (2) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 61, subpart V, are only required to comply with the 
requirements of 40 CFR part 61, subpart V.
    (3) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 63, subpart H, are only required to comply with the 
requirements of 40 CFR part 63, subpart H.
    (h) An owner or operator of an affected source that is a major 
source or is located at a major source and is subject to the provisions 
of this subpart is also subject to 40 CFR part 70 or part 71 operating 
permit requirements. Unless otherwise required by law, the owner or 
operator of an area source subject to the provisions of this subpart is 
exempt from the permitting requirements established by 40 CFR part 70 or 
40 CFR part 71.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34550, June 29, 2001; 
72 FR 36, Jan. 3, 2007; 77 FR 49568, Aug. 16, 2012; 85 FR 73894, Nov. 
19, 2020]



Sec.  63.761  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act (Act), subpart A of this part (General Provisions), 
and in this section. If the same term is defined in subpart A and in 
this section, it shall have the meaning given in this section for 
purposes of this subpart.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Alaskan North Slope means the approximately 180,000 square kilometer 
area (69,000 square mile area) extending from the Brooks Range to the 
Arctic Ocean.
    Ancillary equipment means any of the following pieces of equipment: 
pumps, pressure relief devices, sampling connection systems, open-ended 
valves, or lines, valves, flanges, or other connectors.

[[Page 316]]

    API gravity means the weight per unit volume of hydrocarbon liquids 
as measured by a system recommended by the American Petroleum Institute 
(API) and is expressed in degrees.
    Associated equipment, as used in this subpart and as referred to in 
section 112(n)(4) of the Act, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the wellbore to the point of custody transfer, except glycol 
dehydration units and storage vessels.
    Black oil means hydrocarbon (petroleum) liquid with an initial 
producing gas-to-oil ratio (GOR) less than 0.31 cubic meters per liter 
and an API gravity less than 40 degrees.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering and exporting thermal 
energy in the form of steam or hot water. Boiler also means any 
industrial furnace as defined in 40 CFR 260.10.
    BTEX means benzene, toluene, ethyl benzene and xylene.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and if necessary, flow 
inducing devices that transport gas or vapor from an emission point to 
one or more control devices. If gas or vapor from regulated equipment is 
routed to a process (e.g., to a fuel gas system), the conveyance system 
shall not be considered a closed-vent system and is not subject to 
closed-vent system standards.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic HAP emissions.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature, pressure, or both, and 
remains liquid at standard conditions, as specified in Sec.  63.2.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every hour or records 
hourly or more frequent block average values.
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of an enclosed combustion device), 
returned back to the process, or sold, then the recovery system used, 
including piping, connections, and flow inducing devices, is not 
considered to be a control device or closed-vent system.
    Cover means a device which is placed on top of or over a material 
such that the entire surface area of the material is enclosed and 
sealed. A cover may have openings (such as access hatches, sampling 
ports, and gauge wells) if those openings are necessary for operation, 
inspection, maintenance, or repair of the unit on which the cover is 
installed, provided that each opening is closed and sealed when the 
opening is not in use. In addition, a cover may have one or more safety 
devices. Examples of a cover include, but are not limited to, a fixed-
roof installed on a tank, an external floating roof installed on a tank, 
and a lid installed on a drum or other container.
    Custody transfer means the transfer of hydrocarbon liquids or 
natural gas: after processing and/or treatment in the producing 
operations, or from storage vessels or automatic transfer facilities or 
other such equipment, including product loading racks, to pipelines or 
any other forms of transportation. For the purposes of this subpart, the 
point at which such liquids or natural gas enters a natural gas 
processing plant is a point of custody transfer.
    Equipment leaks means emissions of HAP from ancillary equipment (as 
defined in this section) and compressors.
    Facility means any grouping of equipment where hydrocarbon liquids 
are processed, upgraded (i.e., remove impurities or other constituents 
to meet contract specifications), or stored prior to the point of 
custody transfer; or where natural gas is processed, upgraded, or stored 
prior to entering the natural gas transmission and storage source 
category. For the purpose of a

[[Page 317]]

major source determination, facility (including a building, structure, 
or installation) means oil and natural gas production and processing 
equipment that is located within the boundaries of an individual surface 
site as defined in this section. Equipment that is part of a facility 
will typically be located within close proximity to other equipment 
located at the same facility. Pieces of production equipment or 
groupings of equipment located on different oil and gas leases, mineral 
fee tracts, lease tracts, subsurface or surface unit areas, surface fee 
tracts, surface lease tracts, or separate surface sites, whether or not 
connected by a road, waterway, power line or pipeline, shall not be 
considered part of the same facility. Examples of facilities in the oil 
and natural gas production source category include, but are not limited 
to, well sites, satellite tank batteries, central tank batteries, a 
compressor station that transports natural gas to a natural gas 
processing plant, and natural gas processing plants.
    Field natural gas means natural gas extracted from a production well 
prior to entering the first stage of processing, such as dehydration.
    Fixed-roof means a cover that is mounted on a storage vessel in a 
stationary manner and that does not move with fluctuations in liquid 
level.
    Flame zone means the portion of the combustion chamber in a 
combustion device occupied by the flame envelope.
    Flare means a thermal oxidation system using an open flame (i.e., 
without enclosure).
    Flash tank. See the definition for gas-condensate-glycol (GCG) 
separator.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or whether the valve position would allow gas flow to 
be present in a line.
    Gas-condensate-glycol (GCG) separator means a two- or three-phase 
separator through which the ``rich'' glycol stream of a glycol 
dehydration unit is passed to remove entrained gas and hydrocarbon 
liquid. The GCG separator is commonly referred to as a flash separator 
or flash tank.
    Gas-to-oil ratio (GOR) means the number of standard cubic meters of 
gas produced per liter of crude oil or other hydrocarbon liquid.
    Glycol dehydration unit means a device in which a liquid glycol 
(including, but not limited to, ethylene glycol, diethylene glycol, or 
triethylene glycol) absorbent directly contacts a natural gas stream and 
absorbs water in a contact tower or absorption column (absorber). The 
glycol contacts and absorbs water vapor and other gas stream 
constituents from the natural gas and becomes ``rich'' glycol. This 
glycol is then regenerated in the glycol dehydration unit reboiler. The 
``lean'' glycol is then recycled.
    Glycol dehydration unit baseline operations means operations 
representative of the large glycol dehydration unit operations as of 
June 17, 1999 and the small glycol dehydrator unit operations as of 
August 23, 2011. For the purposes of this subpart, for determining the 
percentage of overall HAP emission reduction attributable to process 
modifications, baseline operations shall be parameter values (including, 
but not limited to, glycol circulation rate or glycol-HAP absorbency) 
that represent actual long-term conditions (i.e., at least 1 year). 
Glycol dehydration units in operation for less than 1 year shall 
document that the parameter values represent expected long-term 
operating conditions had process modifications not been made.
    Glycol dehydration unit process vent means the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
    Glycol dehydration unit reboiler vent means the vent through which 
exhaust from the reboiler of a glycol dehydration unit passes from the 
reboiler to the atmosphere or to a control device.
    Hazardous air pollutants or HAP means the chemical compounds listed 
in section 112(b) of the Clean Air Act. All chemical compounds listed in 
section 112(b) of the Act need to be considered when making a major 
source determination. Only the HAP compounds listed in Table 1 of this 
subpart need to be considered when determining compliance.
    Hydrocarbon liquid means any naturally occurring, unrefined 
petroleum liquid.

[[Page 318]]

    In VHAP service means that a piece of ancillary equipment or 
compressor either contains or contacts a fluid (liquid or gas) which has 
a total volatile HAP (VHAP) concentration equal to or greater than 10 
percent by weight as determined according to the provisions of Sec.  
63.772(a).
    In wet gas service means that a piece of equipment contains or 
contacts the field gas before the extraction of natural gas liquids.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section is not 
physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Initial producing GOR means the producing standard cubic meters of 
gas per liter at the time that the reservoir pressure is above the 
bubble point pressure (or dewpoint pressure for a gas).
    Initial startup means the first time a new or reconstructed source 
begins production. For the purposes of this subpart, initial startup 
does not include subsequent startups (as defined in this section) of 
equipment, for example, following malfunctions or shutdowns.
    Large glycol dehydration unit means a glycol dehydration unit with 
an actual annual average natural gas flowrate equal to or greater than 
85 thousand standard cubic meters per day and actual annual average 
benzene emissions equal to or greater than 0.90 Mg/yr, determined 
according to Sec.  63.772(b). A glycol dehydration unit complying with 
the 0.9 Mg/yr control option under Sec.  63.765(b)(1)(ii) is considered 
to be a large dehydrator.
    Major source, as used in this subpart, shall have the same meaning 
as in Sec.  63.2, except that:
    (1) Emissions from any oil or gas exploration or production well 
(with its associated equipment, as defined in this section), and 
emissions from any pipeline compressor station or pump station shall not 
be aggregated with emissions from other similar units to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) Emissions from processes, operations, or equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated; and
    (3) For facilities that are production field facilities, only HAP 
emissions from glycol dehydration units and storage vessels shall be 
aggregated for a major source determination. For facilities that are not 
production field facilities, HAP emissions from all HAP emission units 
shall be aggregated for a major source determination.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations beneath the earth's 
surface. The principal hydrocarbon constituent is methane.
    Natural gas liquids (NGL) means the liquid hydrocarbons, such as 
ethane, propane, butane, pentane, natural gasoline, and condensate that 
are extracted from field natural gas.
    Natural gas processing plant (gas plant) means any processing site 
engaged in the extraction of natural gas liquids from field gas, or the 
fractionation of mixed NGL to natural gas products, or a combination of 
both.
    No detectable emissions means no escape of HAP from a device or 
system to the atmosphere as determined by:
    (1) Instrument monitoring results in accordance with the 
requirements of Sec.  63.772(c); and
    (2) The absence of visible openings or defects in the device or 
system, such as rips, tears, or gaps.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself or in combination with one or more other operating parameter 
values, indicates that an owner or operator has complied with an 
applicable operating parameter limitation, over the appropriate 
averaging period as specified in Sec.  63.772(f) or (g).

[[Page 319]]

    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic monitoring device means an instrument used to indicate the 
concentration level of organic compounds exiting a control device based 
on a detection principle such as infra-red, photoionization, or thermal 
conductivity.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed device using a controlled flame, 
the primary purpose of which is to transfer heat to a process fluid or 
process material that is not a fluid, or to a heat transfer material for 
use in a process (rather than for steam generation).
    Produced water means water that is extracted from the earth from an 
oil or natural gas production well, or that is separated from crude oil, 
condensate, or natural gas after extraction.
    Production field facilities means those facilities located prior to 
the point of custody transfer.
    Production well means any hole drilled in the earth from which crude 
oil, condensate, or field natural gas is extracted.
    Reciprocating compressor means a piece of equipment that increases 
the pressure of a process gas by positive displacement, employing linear 
movement of the drive shaft.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Act or the 
regulations promulgated thereunder are concerned; and
    (ii) The designated representative for any other purposes under part 
70.
    Safety device means a device that meets both of the following 
conditions: it is not used for planned or routine venting of liquids, 
gases, or fumes from the unit or equipment on which the device is 
installed; and it remains in a closed, sealed position at all times 
except when an unplanned event requires that the device open for the 
purpose of preventing physical damage or permanent deformation of the 
unit or equipment on which the device is installed in accordance with 
good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. Examples of 
unplanned events which may require a safety device to open include 
failure of an essential equipment component or a sudden power outage.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a glycol dehydration unit, or other affected source under 
this subpart, or equipment required or used solely to comply with this 
subpart.
    Small glycol dehydration unit means a glycol dehydration unit, 
located at a major source, with an actual annual average natural gas 
flowrate less than 85 thousand standard cubic meters per day or actual 
annual average benzene

[[Page 320]]

emissions less than 0.90 Mg/yr, determined according to Sec.  63.772(b).
    Startup means the setting into operation of a glycol dehydration 
unit, or other affected equipment under this subpart, or equipment 
required or used to comply with this subpart. Startup includes initial 
startup and operation solely for the purpose of testing equipment.
    Storage vessel means a tank or other vessel that is designed to 
contain an accumulation of crude oil, condensate, intermediate 
hydrocarbon liquids, or produced water and that is constructed primarily 
of non-earthen materials (e.g., wood, concrete, steel, plastic) that 
provide structural support. The following process units are not 
considered storage vessels: Surge control vessels and knockout vessels.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank GOR 
equal to or greater than 0.31 cubic meters per liter and an API gravity 
equal to or greater than 40 degrees and an actual annual average 
hydrocarbon liquid throughput equal to or greater than 79,500 liters per 
day. Flash emissions occur when dissolved hydrocarbons in the fluid 
evolve from solution when the fluid pressure is reduced.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Tank battery means a collection of equipment used to separate, 
treat, store, and transfer crude oil, condensate, natural gas, and 
produced water. A tank battery typically receives crude oil, condensate, 
natural gas, or some combination of these extracted products from 
several production wells for accumulation and separation prior to 
transmission to a natural gas plant or petroleum refinery. A tank 
battery may or may not include a glycol dehydration unit.
    Temperature monitoring device means an instrument used to monitor 
temperature and having a minimum accuracy of 2 
percent of the temperature being monitored expressed in [deg]C, or 
2.5 [deg]C, whichever is greater. The temperature 
monitoring device may measure temperature in degrees Fahrenheit or 
degrees Celsius, or both.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds which can be measured according to the procedures of Method 
18, 40 CFR part 60, appendix A.
    UA plus offset and UC is defined as the area occupied by each 
urbanized area, each urban cluster that contains at least 10,000 people, 
and the area located two miles or less from each urbanized area 
boundary.
    Urban-1 County is defined as a county that contains a part of a 
Metropolitan Statistical Area with a population greater than 250,000, 
based on the Office of Management and Budget's Standards for defining 
Metropolitan and Micropolitan Statistical Areas (December 27, 2000), and 
Census 2000 Data released by the U.S. Census Bureau.
    Urbanized area refers to Census 2000 Urbanized Area, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urbanized area consists of densely settled territory 
with a population of at least 50,000 people.
    Urban cluster refers to a Census 2000 Urban Cluster, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urban cluster consists of densely settled territory with 
at least 2,500 people but fewer than 50,000 people.
    Volatile hazardous air pollutant concentration or VHAP concentration 
means the fraction by weight of all HAP contained in a material as 
determined in accordance with procedures specified in Sec.  63.772(a).

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



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

    (a) The provisions set forth in this subpart shall apply at all 
times.
    (b)-(c) [Reserved]
    (d) In response to an action to enforce the standards set forth in 
this subpart, you may assert an affirmative defense to a claim for civil 
penalties for violations of such standards that are caused by 
malfunction, as defined in 40 CFR 63.2. Appropriate penalties

[[Page 321]]

may be assessed; however, if you fail to meet your burden of proving all 
of the requirements in the affirmative defense, the affirmative defense 
shall not be available for claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a standard, you must timely meet the reporting requirements in 
paragraph (d)(2) of this section, and must prove by a preponderance of 
evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when a violation 
occurred. Off-shift and overtime labor were used, to the extent 
practicable to make these repairs; and
    (iii) The frequency, amount and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (iv) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the violation were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (2) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (d)(1) of this section. This affirmative defense 
report shall be included in the first periodic compliance, deviation 
report or excess emission report otherwise required after the initial 
occurrence of the violation of the relevant standard (which may be the 
end of any applicable averaging period). If such compliance, deviation 
report or excess emission report is due less than 45 days after the 
initial occurrence of the violation, the affirmative defense report may 
be included in the second compliance, deviation report or excess 
emission report due after the initial occurrence of the violation of the 
relevant standard.

[77 FR 49569, Aug. 16, 2012]



Sec.  63.763  [Reserved]



Sec.  63.764  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) of this part that apply and those that do not apply 
to owners and operators of affected sources subject to this subpart.
    (b) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. Reports 
may be submitted on electronic media.
    (c) Except as specified in paragraph (e) of this section, the owner 
or operator of an affected source located at an existing or new major 
source of HAP emissions shall comply with the standards in this subpart 
as specified in paragraphs (c)(1) through (3) of this section.

[[Page 322]]

    (1) For each glycol dehydration unit process vent subject to this 
subpart, the owner or operator shall comply with the requirements 
specified in paragraphs (c)(1)(i) through (iii) of this section.
    (i) The owner or operator shall comply with the control requirements 
for glycol dehydration unit process vents specified in Sec.  63.765;
    (ii) The owner or operator shall comply with the monitoring 
requirements specified in Sec.  63.773; and
    (iii) The owner or operator shall comply with the recordkeeping and 
reporting requirements specified in Sec. Sec.  63.774 and 63.775.
    (2) For each storage vessel with the potential for flash emissions 
subject to this subpart, the owner or operator shall comply with the 
requirements specified in paragraphs (c)(2)(i) through (iii) of this 
section.
    (i) The control requirements for storage vessels specified in Sec.  
63.766;
    (ii) The monitoring requirements specified in Sec.  63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Sec. Sec.  63.774 and 63.775.
    (3) For ancillary equipment (as defined in Sec.  63.761) and 
compressors at a natural gas processing plant subject to this subpart, 
the owner or operator shall comply with the requirements for equipment 
leaks specified in Sec.  63.769.
    (d) Except as specified in paragraph (e)(1) of this section, the 
owner or operator of an affected source located at an existing or new 
area source of HAP emissions shall comply with the applicable standards 
specified in paragraph (d) of this section.
    (1) Each owner or operator of an area source located within an UA 
plus offset and UC boundary (as defined in Sec.  63.761) shall comply 
with the provisions specified in paragraphs (d)(1)(i) through (iii) of 
this section.
    (i) The control requirements for glycol dehydration unit process 
vents specified in Sec.  63.765;
    (ii) The monitoring requirements specified in Sec.  63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Sec. Sec.  63.774 and 63.775.
    (2) Each owner or operator of an area source not located in a UA 
plus offset and UC boundary (as defined in Sec.  63.761) shall comply 
with paragraphs (d)(2)(i) through (iii) of this section.
    (i) Determine the optimum glycol circulation rate using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR02JA07.001

Where:

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

    (ii) Operate the TEG dehydration unit such that the actual glycol 
circulation rate does not exceed the optimum glycol circulation rate 
determined in accordance with paragraph (d)(2)(i) of this section. If 
the TEG dehydration unit is unable to meet the sales gas specification 
for moisture content using the glycol circulation rate determined in 
accordance with paragraph (d)(2)(i), the owner or operator must 
calculate an alternate circulation rate using GRI-GLYCalc \TM\, Version 
3.0 or higher. The owner or operator must document why the TEG 
dehydration unit must be operated using the alternate circulation rate 
and submit this documentation with the initial notification in 
accordance with Sec.  63.775(c)(7).
    (iii) Maintain a record of the determination specified in paragraph 
(d)(2)(ii) in accordance with the requirements in Sec.  63.774(f) and 
submit the Initial Notification in accordance with the requirements in 
Sec.  63.775(c)(7). If operating conditions change and a modification to 
the optimum glycol circulation rate is required, the owner or operator 
shall prepare a new determination in accordance with paragraph (d)(2)(i) 
or (ii) of this section and submit the information specified under Sec.  
63.775(c)(7)(ii) through (v).
    (e) Exemptions. (1) The owner or operator of an area source is 
exempt from the requirements of paragraph (d) of this section if the 
criteria listed in paragraph (e)(1)(i) or (ii) of this section are met, 
except that the records of the

[[Page 323]]

determination of these criteria must be maintained as required in Sec.  
63.774(d)(1).
    (i) The actual annual average flowrate of natural gas to the glycol 
dehydration unit is less than 85 thousand standard cubic meters per day, 
as determined by the procedures specified in Sec.  63.772(b)(1) of this 
subpart; or
    (ii) The actual average emissions of benzene from the glycol 
dehydration unit process vent to the atmosphere are less than 0.90 
megagram per year, as determined by the procedures specified in Sec.  
63.772(b)(2) of this subpart.
    (2) The owner or operator is exempt from the requirements of 
paragraph (c)(3) of this section for ancillary equipment (as defined in 
Sec.  63.761) and compressors at a natural gas processing plant subject 
to this subpart if the criteria listed in paragraph (e)(2)(i) or (ii) of 
this section are met, except that the records of the determination of 
these criteria must be maintained as required in Sec.  63.774(d)(2).
    (i) Any ancillary equipment and compressors that contain or contact 
a fluid (liquid or gas) must have a total VHAP concentration less than 
10 percent by weight, as determined by the procedures specified in Sec.  
63.772(a); or
    (ii) That ancillary equipment and compressors must operate in VHAP 
service less than 300 hours per calendar year.
    (f) Each owner or operator of a major HAP source subject to this 
subpart is required to apply for a 40 CFR part 70 or part 71 operating 
permit from the appropriate permitting authority. If the Administrator 
has approved a State operating permit program under 40 CFR part 70, the 
permit shall be obtained from the State authority. If a State operating 
permit program has not been approved, the owner or operator of a source 
shall apply to the EPA Regional Office pursuant to 40 CFR part 71.
    (g)-(h) [Reserved]
    (i) In all cases where the provisions of this subpart require an 
owner or operator to repair leaks by a specified time after the leak is 
detected, it is a violation of this standard to fail to take action to 
repair the leak(s) within the specified time. If action is taken to 
repair the leak(s) within the specified time, failure of that action to 
successfully repair the leak(s) is not a violation of this standard. 
However, if the repairs are unsuccessful, and a leak is detected, the 
owner or operator shall take further action as required by the 
applicable provisions of this subpart.
    (j) At all times the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. Determination 
of whether such operation and maintenance procedures are being used will 
be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance records, 
and inspection of the source.

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



Sec.  63.765  Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to 
this subpart that must be controlled for air emissions as specified in 
either paragraph (c)(1)(i) or paragraph (d)(1)(i) of Sec.  63.764.
    (b) Except as provided in paragraph (c) of this section, an owner or 
operator of a glycol dehydration unit process vent shall comply with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) For each glycol dehydration unit process vent, the owner or 
operator shall control air emissions by either paragraph (b)(1)(i), 
(ii), or (iii) of this section.
    (i) The owner or operator of a large glycol dehydration unit, as 
defined in Sec.  63.761, shall connect the process vent to a control 
device or a combination of control devices through a closed-vent system. 
The closed-vent system shall be designed and operated in accordance with 
the requirements of Sec.  63.771(c). The control device(s) shall be 
designed and operated in accordance with the requirements of Sec.  
63.771(d).
    (ii) The owner or operator of a large glycol dehydration unit shall 
connect

[[Page 324]]

the process vent to a control device or combination of control devices 
through a closed-vent system and the outlet benzene emissions from the 
control device(s) shall be reduced to a level less than 0.90 megagrams 
per year. The closed-vent system shall be designed and operated in 
accordance with the requirements of Sec.  63.771(c). The control 
device(s) shall be designed and operated in accordance with the 
requirements of Sec.  63.771(d), except that the performance levels 
specified in Sec.  63.771(d)(1)(i) and (ii) do not apply.
    (iii) You must limit BTEX emissions from each existing small glycol 
dehydration unit process vent, as defined in Sec.  63.761, to the limit 
determined in Equation 1 of this section. You must limit BTEX emissions 
from each new small glycol dehydration unit process vent, as defined in 
Sec.  63.761, to the limit determined in Equation 2 of this section. The 
limits determined using Equation 1 or Equation 2 must be met in 
accordance with one of the alternatives specified in paragraphs 
(b)(1)(iii)(A) through (D) of this section.
[GRAPHIC] [TIFF OMITTED] TR16AU12.009

    Equation 1

Where:

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

          [GRAPHIC] [TIFF OMITTED] TR16AU12.010
          

Where:

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

    (A) Connect the process vent to a control device or combination of 
control devices through a closed-vent system. The closed vent system 
shall be designed and operated in accordance with the requirements of 
Sec.  63.771(c). The control device(s) shall be designed and operated in 
accordance with the requirements of Sec.  63.771(f).
    (B) Meet the emissions limit through process modifications in 
accordance with the requirements specified in Sec.  63.771(e).
    (C) Meet the emissions limit for each small glycol dehydration unit 
using a combination of process modifications and one or more control 
devices through the requirements specified in paragraphs (b)(1)(iii)(A) 
and (B) of this section.
    (D) Demonstrate that the emissions limit is met through actual 
uncontrolled operation of the small glycol dehydration unit. Document 
operational parameters in accordance with the requirements specified in 
Sec.  63.771(e) and emissions in accordance with the requirements 
specified in Sec.  63.772(b)(2).
    (2) One or more safety devices that vent directly to the atmosphere 
may be used on the air emission control equipment installed to comply 
with paragraph (b)(1) of this section.
    (c) As an alternative to the requirements of paragraph (b) of this 
section, the owner or operator may comply with one of the requirements 
specified

[[Page 325]]

in paragraphs (c)(1) through (3) of this section.
    (1) The owner or operator shall control air emissions by connecting 
the process vent to a process natural gas line.
    (2) The owner or operator shall demonstrate, to the Administrator's 
satisfaction, that the total HAP emissions to the atmosphere from the 
large glycol dehydration unit process vent are reduced by 95.0 percent 
through process modifications, or a combination of process modifications 
and one or more control devices, in accordance with the requirements 
specified in Sec.  63.771(e).
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraph (c)(3)(i) through (iv) of this section, 
through the installation and operation of controls as specified in 
paragraph (b)(1) of this section.
    (i) For any large glycol dehydration unit, HAP emissions are reduced 
by 95.0 percent or more.
    (ii) For any large glycol dehydration unit, benzene emissions are 
reduced to a level less than 0.90 megagrams per year.
    (iii) For each existing small glycol dehydration unit, BTEX 
emissions are reduced to a level less than the limit calculated by 
Equation 1 of paragraph (b)(1)(iii) of this section.
    (iv) For each new small glycol dehydration unit, BTEX emissions are 
reduced to a level less than the limit calculated by Equation 2 of 
paragraph (b)(1)(iii) of this section.

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



Sec.  63.766  Storage vessel standards.

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

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



Sec. Sec.  63.767-63.768  [Reserved]



Sec.  63.769  Equipment leak standards.

    (a) This section applies to equipment subject to this subpart and 
specified in paragraphs (a)(1) and (2) of this section that is located 
at a natural gas processing plant and operates in VHAP service equal to 
or greater than 300 hours per calendar year.
    (1) Ancillary equipment, as defined in Sec.  63.761; and
    (2) Compressors.

[[Page 326]]

    (b) This section does not apply to ancillary equipment and 
compressors for which the owner or operator is subject to and controlled 
under the requirements specified in subpart H of this part; or is 
subject to and controlled under the requirements specified in 40 CFR 
part 60, subpart OOOO. Ancillary equipment and compressors subject to 
and controlled under 40 CFR part 60, subpart OOOO shall submit the 
periodic reports specified in Sec.  63.775(e).
    (c) For each piece of ancillary equipment and each compressor 
subject to this section located at an existing or new source, the owner 
or operator shall meet the requirements specified in 40 CFR part 61, 
subpart V, Sec. Sec.  61.241 through 61.247, except as specified in 
paragraphs (c)(1) through (8) of this section, except that for valves 
subject to Sec.  61.242-7(b) or Sec.  61.243-1, a leak is detected if an 
instrument reading of 500 ppm or greater is measured. A leak detected 
from a valve at a source constructed on or before August 23, 2011 shall 
be repaired in accordance with the schedule in Sec.  61.242-7(d), or by 
October 15, 2013, whichever is later. A leak detected from a valve at a 
source constructed after August 23, 2011 shall be repaired in accordance 
with the schedule in Sec.  61.242-7(d), or by October 15, 2012, 
whichever is later.
    (1) Each pressure relief device in gas/vapor service shall be 
monitored quarterly and within 5 days after each pressure release to 
detect leaks, except under the following conditions.
    (i) The owner or operator has obtained permission from the 
Administrator to use an alternative means of emission limitation that 
achieves a reduction in emissions of VHAP at least equivalent to that 
achieved by the control required in this subpart.
    (ii) The pressure relief device is located in a nonfractionating 
facility that is monitored only by non-facility personnel, it may be 
monitored after a pressure release the next time the monitoring 
personnel are on site, instead of within 5 days. Such a pressure relief 
device shall not be allowed to operate for more than 30 days after a 
pressure release without monitoring.
    (2) For pressure relief devices, if an instrument reading of 10,000 
parts per million or greater is measured, a leak is detected.
    (3) For pressure relief devices, when a leak is detected, it shall 
be repaired as soon as practicable, but no later than 15 calendar days 
after it is detected, unless a delay in repair of equipment is granted 
under 40 CFR 61.242-10.
    (4) Sampling connection systems are exempt from the requirements of 
40 CFR 61.242-5.
    (5) Pumps in VHAP service, valves in gas/vapor and light liquid 
service, and pressure relief devices in gas/vapor service that are 
located at a nonfractionating plant that does not have the design 
capacity to process 283,000 standard cubic meters per day or more of 
field gas are exempt from the routine monitoring requirements of 40 CFR 
61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of 
this section.
    (6) Pumps in VHAP service, valves in gas/vapor and light liquid 
service, and pressure relief devices in gas/vapor service located within 
a natural gas processing plant that is located on the Alaskan North 
Slope are exempt from the routine monitoring requirements of 40 CFR 
61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of 
this section.
    (7) Reciprocating compressors in wet gas service are exempt from the 
compressor control requirements of 40 CFR 61.242-3.
    (8) Flares, as defined in Sec.  63.761, used to comply with this 
subpart shall comply with the requirements of Sec.  63.11(b).

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



Sec.  63.770  [Reserved]



Sec.  63.771  Control equipment requirements.

    (a) This section applies to each cover, closed-vent system, and 
control device installed and operated by the owner or operator to 
control air emissions as required by the provisions of this subpart. 
Compliance with paragraphs (b), (c), and (d) of this section will be 
determined by review of the records required by Sec.  63.774 and the 
reports required by Sec.  63.775, by review of performance test results, 
and by inspections.

[[Page 327]]

    (b) Cover requirements. (1) The cover and all openings on the cover 
(e.g., access hatches, sampling ports, and gauge wells) shall be 
designed to form a continuous barrier over the entire surface area of 
the liquid in the storage vessel.
    (2) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid or cap) whenever material is in the 
unit on which the cover is installed except during those times when it 
is necessary to use an opening as follows:
    (i) To add material to, or remove material from the unit (this 
includes openings necessary to equalize or balance the internal pressure 
of the unit following changes in the level of the material in the unit);
    (ii) To inspect or sample the material in the unit;
    (iii) To inspect, maintain, repair, or replace equipment located 
inside the unit; or
    (iv) To vent liquids, gases, or fumes from the unit through a 
closed-vent system to a control device designed and operated in 
accordance with the requirements of paragraphs (c) and (d) of this 
section.
    (c) Closed-vent system requirements. (1) The closed-vent system 
shall route all gases, vapors, and fumes emitted from the material in an 
emissions unit to a control device that meets the requirements specified 
in paragraph (d) of this section.
    (2) The closed-vent system shall be designed and operated with no 
detectable emissions.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of 
this section.
    (i) For each bypass device, except as provided for in paragraph 
(c)(3)(ii) of this section, the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device is 
open such that the stream is being, or could be, diverted away from the 
control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (c)(3)(i) of this section.
    (d) Control device requirements for sources except small glycol 
dehydration units. Owners and operators of small glycol dehydration 
units, shall comply with the control device requirements in paragraph 
(f) of this section.
    (1) The control device used to reduce HAP emissions in accordance 
with the standards of this subpart shall be one of the control devices 
specified in paragraphs (d)(1)(i) through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) that is designed 
and operated in accordance with one of the following performance 
requirements:
    (A) Reduces the mass content of either TOC or total HAP in the gases 
vented to the device by 95.0 percent by weight or greater as determined 
in accordance with the requirements of Sec.  63.772(e); or
    (B) Reduces the concentration of either TOC or total HAP in the 
exhaust gases at the outlet to the device to a level equal to or less 
than 20 parts per million by volume on a dry basis corrected to 3 
percent oxygen as determined in accordance with the requirements of 
Sec.  63.772(e); or
    (C) Operates at a minimum temperature of 760 degrees C, provided the 
control device has demonstrated, under Sec.  63.772(e), that combustion 
zone temperature is an indicator of destruction efficiency.
    (D) If a boiler or process heater is used as the control device, 
then the vent stream shall be introduced into the flame zone of the 
boiler or process heater.

[[Page 328]]

    (ii) A vapor recovery device (e.g., carbon adsorption system or 
condenser) or other non-destructive control device that is designed and 
operated to reduce the mass content of either TOC or total HAP in the 
gases vented to the device by 95.0 percent by weight or greater as 
determined in accordance with the requirements of Sec.  63.772(e).
    (iii) A flare, as defined in Sec.  63.761, that is designed and 
operated in accordance with the requirements of Sec.  63.11(b).
    (2) [Reserved]
    (3) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (d)(1) of this 
section as specified in Sec.  63.772(e).
    (4) The owner or operator shall operate each control device in 
accordance with the requirements specified in paragraphs (d)(4)(i) and 
(ii) of this section.
    (i) Each control device used to comply with this subpart shall be 
operating at all times when gases, vapors, and fumes are vented from the 
HAP emissions unit or units through the closed-vent system to the 
control device, as required under Sec.  63.765, Sec.  63.766, and Sec.  
63.769. An owner or operator may vent more than one unit to a control 
device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the 
requirements of Sec.  63.773(d), the owner or operator shall demonstrate 
compliance according to the requirements of Sec.  63.772(f) or (g), as 
applicable.
    (5) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (d)(1) of this section, the owner or 
operator shall manage the carbon as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system. Records identifying 
the schedule for replacement and records of each carbon replacement 
shall be maintained as required in Sec.  63.774(b)(7)(ix). The schedule 
for replacement shall be submitted with the Notification of Compliance 
Status Report as specified in Sec.  63.775(d)(5)(iv). Each carbon 
replacement must be reported in the Periodic Reports as specified in 
Sec.  63.772(e)(2)(xii).
    (ii) The spent carbon removed from the carbon adsorption system 
shall be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emissions standard for HAP under another subpart in 40 CFR part 
61 or this part.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator which the owner or 
operator has designed and operates in accordance with the requirements 
of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace which the owner or 
operator has designed and operates in accordance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (e) Process modification requirements. Each owner or operator that 
chooses to comply with Sec.  63.765(c)(2) shall meet the requirements 
specified in paragraphs (e)(1) through (e)(3) of this section.
    (1) The owner or operator shall determine glycol dehydration unit 
baseline operations (as defined in Sec.  63.761). Records of glycol 
dehydration unit baseline operations shall be retained as required under 
Sec.  63.774(b)(10).

[[Page 329]]

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

[[Page 330]]

    (ii) For each control device monitored in accordance with the 
requirements of Sec.  63.773(d), the owner or operator shall demonstrate 
compliance according to the requirements of either Sec.  63.772(f) or 
(h).
    (3) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (f)(1)(ii) of this section, the owner 
or operator shall manage the carbon as required under (d)(5)(i) and (ii) 
of this section.

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



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

    (a) Determination of material VHAP or HAP concentration to determine 
the applicability of the equipment leak standards under this subpart 
(Sec.  63.769). Each piece of ancillary equipment and compressors are 
presumed to be in VHAP service or in wet gas service unless an owner or 
operator demonstrates that the piece of equipment is not in VHAP service 
or in wet gas service.
    (1) For a piece of ancillary equipment and compressors to be 
considered not in VHAP service, it must be determined that the percent 
VHAP content can be reasonably expected never to exceed 10.0 percent by 
weight. For the purposes of determining the percent VHAP content of the 
process fluid that is contained in or contacts a piece of ancillary 
equipment or compressor, you shall use the method in either paragraph 
(a)(1)(i) or paragraph (a)(1)(ii) of this section.
    (i) Method 18 of 40 CFR part 60, appendix A, or
    (ii) ASTM D6420-99 (2004), Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (incorporated by reference--see Sec.  63.14), provided that 
the provisions of paragraphs (a)(1)(ii)(A) through (D) of this section 
are followed:
    (A) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99 (2004);
    (B) The target concentration is between 150 parts per billion by 
volume and 100 parts per million by volume;
    (C) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 
(2004), but potentially detected by mass spectrometry, the additional 
system continuing calibration check after each run, as detailed in 
section 10.5.3 of ASTM D6420-99 (2004), is conducted, met, documented, 
and submitted with the data report, even if there is no moisture 
condenser used or the compound is not considered water soluble; and
    (D) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 
(2004), and not amenable to detection by mass spectrometry, ASTM D6420-
99 (2004) may not be used.
    (2) For a piece of ancillary equipment and compressors to be 
considered in wet gas service, it must be determined that it contains or 
contacts the field gas before the extraction of natural gas liquids.
    (b) Determination of glycol dehydration unit flowrate, benzene 
emissions, or BTEX emissions. The procedures of this paragraph shall be 
used by an owner or operator to determine glycol dehydration unit 
natural gas flowrate, benzene emissions, or BTEX emissions.
    (1) The determination of actual flowrate of natural gas to a glycol 
dehydration unit shall be made using the procedures of either paragraph 
(b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator shall install and operate a monitoring 
instrument that directly measures natural gas flowrate to the glycol 
dehydration unit with an accuracy of plus or minus 2 percent or better. 
The owner or operator shall convert annual natural gas flowrate to a 
daily average by dividing the annual flowrate by the number of days per 
year the glycol dehydration unit processed natural gas.
    (ii) The owner or operator shall document, to the Administrator's 
satisfaction, the actual annual average natural gas flowrate to the 
glycol dehydration unit.
    (2) The determination of actual average benzene or BTEX emissions 
from a glycol dehydration unit shall be made using the procedures of 
either paragraph (b)(2)(i) or (ii) of this section. Emissions shall be 
determined either uncontrolled, or with federally enforceable controls 
in place.

[[Page 331]]

    (i) The owner or operator shall determine actual average benzene or 
BTEX emissions using the model GRI-GLYCalc \TM\, Version 3.0 or higher, 
and the procedures presented in the associated GRI-GLYCalc \TM\ 
Technical Reference Manual. Inputs to the model shall be representative 
of actual operating conditions of the glycol dehydration unit and may be 
determined using the procedures documented in the Gas Research Institute 
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining 
Glycol Dehydrator Emissions'' (GRI-95/0368.1); or
    (ii) The owner or operator shall determine an average mass rate of 
benzene or BTEX emissions in kilograms per hour through direct 
measurement using the methods in Sec.  63.772(a)(1)(i) or (ii), or an 
alternative method according to Sec.  63.7(f). Annual emissions in 
kilograms per year shall be determined by multiplying the mass rate by 
the number of hours the unit is operated per year. This result shall be 
converted to megagrams per year.
    (c) No detectable emissions test procedure. (1) The no detectable 
emissions test procedure shall be conducted in accordance with Method 
21, 40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21, 40 CFR part 60, appendix A, except that the instrument 
response factor criteria in section 3.1.2(a) of Method 21 shall be for 
the average composition of the fluid and not for each individual organic 
compound in the stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21, 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air); and
    (ii) A mixture of methane in air at a concentration less than 10,000 
parts per million by volume.
    (5) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (6)(i) Except as provided in paragraph (c)(6)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid, not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inert gases that are not organic hazardous air pollutants or 
volatile organic compounds, the average stream response factor shall be 
calculated on an inert-free basis.
    (ii) If no instrument is available at the facility that will meet 
the performance criteria specified in paragraph (c)(6)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (c)(6)(i) of this section.
    (7) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (c)(7)(i) or (c)(7)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (c)(8) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (c)(5) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (c)(8) of this section.

[[Page 332]]

    (8) A potential leak interface is determined to operate with no 
detectable organic emissions if the organic concentration value 
determined in paragraph (c)(7) of this section, is less than 500 parts 
per million by volume.
    (d) Test procedures and compliance demonstrations for small glycol 
dehydration units. This paragraph applies to the test procedures for 
small dehydration units.
    (1) If the owner or operator is using a control device to comply 
with the emission limit in Sec.  63.765(b)(1)(iii), the requirements of 
paragraph (e) of this section apply. Compliance is demonstrated using 
the methods specified in paragraph (f) of this section.
    (2) If no control device is used to comply with the emission limit 
in Sec.  63.765(b)(1)(iii), the owner or operator must determine the 
glycol dehydration unit BTEX emissions as specified in paragraphs 
(d)(2)(i) through (iii) of this section. Compliance is demonstrated if 
the BTEX emissions determined as specified in paragraphs (d)(2)(i) 
through (iii) are less than the emission limit calculated using the 
equation in Sec.  63.765(b)(1)(iii).
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the outlet of the 
glycol dehydration unit process vent. Any references to particulate 
mentioned in Methods 1 and 1A do not apply to this section.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) The BTEX emissions from the outlet of the glycol dehydration 
unit process vent shall be determined using the procedures specified in 
paragraph (e)(3)(v) of this section. As an alternative, the mass rate of 
BTEX at the outlet of the glycol dehydration unit process vent may be 
calculated using the model GRI-GLYCalc \TM\, Version 3.0 or higher, and 
the procedures presented in the associated GRI-GLYCalc \TM\ Technical 
Reference Manual. Inputs to the model shall be representative of actual 
operating conditions of the glycol dehydration unit and shall be 
determined using the procedures documented in the Gas Research Institute 
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining 
Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the BTEX mass rate 
is calculated for glycol dehydration units using the model GRI-GLYCalc 
\TM\, all BTEX measured by Method 18, 40 CFR part 60, appendix A, shall 
be summed.
    (e) Control device performance test procedures. This paragraph 
applies to the performance testing of control devices. The owners or 
operators shall demonstrate that a control device achieves the 
performance requirements of Sec.  63.771(d)(1), (e)(3)(ii) or (f)(1) 
using a performance test as specified in paragraph (e)(3) of this 
section. Owners or operators using a condenser have the option to use a 
design analysis as specified in paragraph (e)(4) of this section. The 
owner or operator may elect to use the alternative procedures in 
paragraph (e)(5) of this section for performance testing of a condenser 
used to control emissions from a glycol dehydration unit process vent. 
Flares shall meet the provisions in paragraph (e)(2) of this section. As 
an alternative to conducting a performance test under this section for 
combustion control devices, a control device that can be demonstrated to 
meet the performance requirements of Sec.  63.771(d)(1), (e)(3)(ii) or 
(f)(1) through a performance test conducted by the manufacturer, as 
specified in paragraph (h) of this section, can be used.
    (1) The following control devices are exempt from the requirements 
to conduct performance tests and design analyses under this section:
    (i) Except as specified in paragraph (e)(2) of this section, a 
flare, as defined in Sec.  63.761, that is designed and operated in 
accordance with Sec.  63.11(b);
    (ii) Except for control devices used for small glycol dehydration 
units, a boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (iii) Except for control devices used for small glycol dehydration 
units, a boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel;
    (iv) Except for control devices used for small glycol dehydration 
units, a boiler or process heater burning hazardous waste for which the 
owner or

[[Page 333]]

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.  63.761, in accordance with the requirements specified 
in Sec.  63.11(b) and the compliance determination shall be conducted 
using Method 22 of 40 CFR part 60, appendix A, to determine visible 
emissions.
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec.  63.771(d)(1), (e)(3)(ii) or 
(f)(1), the owner or operator shall use the test methods and procedures 
specified in paragraphs (e)(3)(i) through (v) of this section. The 
initial and periodic performance tests shall be conducted according to 
the schedule specified in paragraph (e)(3)(vi) of this section.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites in paragraphs 
(e)(3)(i)(A) and (B) of this section. Any references to particulate 
mentioned in Methods 1 and 1A do not apply to this section.
    (A) To determine compliance with the control device percent 
reduction requirement specified in Sec.  63.771(d)(1)(i)(A), (d)(1)(ii) 
or (e)(3)(ii), sampling sites shall be located at the inlet of the first 
control device, and at the outlet of the final control device.
    (B) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec.  63.771(d)(1)(i)(B), or 
the BTEX emission limit specified in Sec.  63.765(b)(1)(iii) the 
sampling site shall be located at the outlet of the combustion device.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the control device percent 
reduction performance requirement in Sec.  63.771(d)(1)(i)(A), 
(d)(1)(ii), and (e)(3)(ii), the owner or operator shall use one of the 
following methods: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 
CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in Sec.  
63.772(a)(1)(ii); or any other method or data that have been validated 
according to the applicable procedures in Method 301, 40 CFR part 63, 
appendix A. The following procedures shall be used to calculate percent 
reduction efficiency:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed using the equations 
and procedures specified in paragraphs (e)(3)(iii)(B)(1) through (3) of 
this section. As an alternative, the mass rate of either TOC (minus 
methane and ethane) or total HAP at the inlet of the control device 
(Ei) may be calculated using the procedures specified in 
paragraph (e)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:

[[Page 334]]

[GRAPHIC] [TIFF OMITTED] TR29JN01.025

Where:

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

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

Where:

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

    (D) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the combustion 
air or as a secondary fuel, the weight-percent reduction of total HAP or 
TOC (minus methane and ethane) across the device shall be determined by 
comparing the TOC (minus methane and ethane) or total HAP in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total HAP exiting the device, 
respectively.
    (iv) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec.  63.771(d)(1)(i)(B), the 
owner or operator shall use one of the following methods to measure 
either TOC (minus methane and ethane) or total HAP: Method 18, 40 CFR 
part 60, appendix A;

[[Page 335]]

Method 25A, 40 CFR part 60, appendix A; ASTM D6420-99 (2004), as 
specified in Sec.  63.772(a)(1)(ii), or any other method or data that 
have been validated according to Method 301 of appendix A of this part. 
The following procedures shall be used to calculate parts per million by 
volume concentration, corrected to 3 percent oxygen:
    (A) The minimum sampling time for each run shall be 1 hour, in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (e)(3)(iv)(B)(1) or (e)(3)(iv)(B)(2) 
of this section.
    (1) The TOC concentration is the sum of the concentrations of the 
individual components and shall be computed for each run using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.003

Where:

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

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

Where:

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

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

[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TR16AU12.011


Where:

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

    (2) When the BTEX mass rate is calculated, only BTEX compounds 
measured by Method 18, 40 CFR part 60, appendix A, or ASTM D6420-99 
(Reapproved 2004) (incorporated by reference as specified in Sec.  
63.14) as specified in Sec.  63.772(a)(1)(ii), shall be summed using the 
equations in paragraph (e)(3)(v)(B)(1) of this section.
    (vi) The owner or operator shall conduct performance tests according 
to the schedule specified in paragraphs (e)(3)(vi)(A) and (B) of this 
section.
    (A) An initial performance test shall be conducted within 180 days 
after the compliance date that is specified for each affected source in 
Sec.  63.760(f)(7) through (8), except that the initial performance test 
for existing combustion control devices (i.e., control devices installed 
on or before August 23, 2011) at major sources shall be conducted no 
later than October 15, 2015. If the owner or operator of an existing 
combustion control device at a major source chooses to replace such 
device with a control device whose model is tested under Sec.  
63.772(h), then the newly installed device shall comply with all 
provisions of this subpart no later than October 15, 2015. The 
performance test results shall be submitted in the Notification of 
Compliance Status Report as required in Sec.  63.775(d)(1)(ii).
    (B) Periodic performance tests shall be conducted for all control 
devices required to conduct initial performance tests except as 
specified in paragraphs (e)(3)(vi)(B)(1) and (2) of this section. The 
first periodic performance test shall be conducted no later than 60 
months after the initial performance test required in paragraph 
(e)(3)(vi)(A) of this section. Subsequent periodic performance tests 
shall be conducted at intervals no longer than 60 months following the 
previous periodic performance test or whenever a source desires to 
establish a new operating limit. The periodic performance test results 
must be submitted in the next Periodic Report as specified in Sec.  
63.775(e)(2)(xi). Combustion control devices meeting the criteria in 
either paragraph (e)(3)(vi)(B)(1) or (2) of this section are not 
required to conduct periodic performance tests.
    (1) A control device whose model is tested under, and meets the 
criteria of, Sec.  63.772(h), or
    (2) A combustion control device demonstrating during the performance 
test under Sec.  63.772(e) that combustion zone temperature is an 
indicator of destruction efficiency and operates at a minimum 
temperature of 760 degrees C.
    (4) For a condenser design analysis conducted to meet the 
requirements of Sec.  63.771(d)(1), (e)(3)(ii), or (f)(1), the owner or 
operator shall meet the requirements specified in paragraphs (e)(4)(i) 
and (ii) of this section. Documentation of the design analysis shall be 
submitted as a part of the Notification of Compliance Status Report as 
required in Sec.  63.775(d)(1)(i).
    (i) The condenser design analysis shall include an analysis of the 
vent stream composition, constituent concentrations, flowrate, relative 
humidity, and temperature, and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet. As

[[Page 337]]

an alternative to the condenser design analysis, an owner or operator 
may elect to use the procedures specified in paragraph (e)(5) of this 
section.
    (ii) If the owner or operator and the Administrator do not agree on 
a demonstration of control device performance using a design analysis 
then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (e)(3) of this section. The Administrator 
may choose to have an authorized representative observe the performance 
test.
    (5) As an alternative to the procedures in paragraph (e)(4)(i) of 
this section, an owner or operator may elect to use the procedures 
documented in the GRI report entitled, ``Atmospheric Rich/Lean Method 
for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as inputs 
for the model GRI-GLYCalc \TM\, Version 3.0 or higher, to generate a 
condenser performance curve.
    (f) Compliance demonstration for control device performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in Sec.  
63.771(d)(1)(i), (e)(3), and (f)(1). Compliance shall be demonstrated 
using the requirements in paragraphs (f)(1) through (3) of this section. 
As an alternative, an owner or operator that installs a condenser as the 
control device to achieve the requirements specified in Sec.  
63.771(d)(1)(ii), (e)(3), or (f)(1) may demonstrate compliance according 
to paragraph (g) of this section. An owner or operator may switch 
between compliance with paragraph (f) of this section and compliance 
with paragraph (g) of this section only after at least 1 year of 
operation in compliance with the selected approach. Notification of such 
a change in the compliance method shall be reported in the next Periodic 
Report, as required in Sec.  63.775(e), following the change.
    (1) The owner or operator shall establish a site specific maximum or 
minimum monitoring parameter value (as appropriate) according to the 
requirements of Sec.  63.773(d)(5)(i).
    (2) The owner or operator shall calculate the daily average of the 
applicable monitored parameter in accordance with Sec.  63.773(d)(4) 
except that the inlet gas flowrate to the control device shall not be 
averaged.
    (3) Compliance with the operating parameter limit is achieved when 
the daily average of the monitoring parameter value calculated under 
paragraph (f)(2) of this section is either equal to or greater than the 
minimum or equal to or less than the maximum monitoring value 
established under paragraph (f)(1) of this section. For inlet gas 
flowrate, compliance with the operating parameter limit is achieved when 
the value is equal to or less than the value established under Sec.  
63.772(h) or under the performance test conducted under Sec.  63.772(e), 
as applicable.
    (4) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, system accuracy audits and required zero and span 
adjustments), the CMS required in Sec.  63.773(d) must be operated at 
all times the affected source is operating. A monitoring system 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. Monitoring system repairs are required 
to be completed in response to monitoring system malfunctions and to 
return the monitoring system to operation as expeditiously as 
practicable.
    (5) Data recorded during monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, or required monitoring 
system quality assurance or control activities may not be used in 
calculations used to report emissions or operating levels. All the data 
collected during all other required data collection periods must be used 
in assessing the operation of the control device and associated control 
system.
    (6) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required quality 
monitoring system quality assurance or quality

[[Page 338]]

control activities (including, as applicable, system accuracy audits and 
required zero and span adjustments), failure to collect required data is 
a deviation of the monitoring requirements.
    (g) Compliance demonstration with percent reduction or emission 
limit performance requirements--condensers. This paragraph applies to 
the demonstration of compliance with the performance requirements 
specified in Sec.  63.771(d)(1)(ii), (e)(3), or (f)(1) for condensers. 
Compliance shall be demonstrated using the procedures in paragraphs 
(g)(1) through (3) of this section.
    (1) The owner or operator shall establish a site-specific condenser 
performance curve according to Sec.  63.773(d)(5)(ii). For sources 
required to meet the BTEX limit in accordance with Sec.  63.771(e) or 
(f)(1) the owner or operator shall identify the minimum percent 
reduction necessary to meet the BTEX limit.
    (2) Compliance with the requirements in Sec.  63.771(d)(1)(ii), 
(e)(3), or (f)(1) shall be demonstrated by the procedures in paragraphs 
(g)(2)(i) through (iii) of this section.
    (i) The owner or operator must calculate the daily average condenser 
outlet temperature in accordance with Sec.  63.773(d)(4).
    (ii) The owner or operator shall determine the condenser efficiency 
for the current operating day using the daily average condenser outlet 
temperature calculated under paragraph (g)(2)(i) of this section and the 
condenser performance curve established under paragraph (g)(1) of this 
section.
    (iii) Except as provided in paragraphs (g)(2)(iii)(A) and (B) of 
this section, at the end of each operating day, the owner or operator 
shall calculate the 365-day average HAP, or BTEX, emission reduction, as 
appropriate, from the condenser efficiencies as determined in paragraph 
(g)(2)(ii) of this section for the preceding 365 operating days. If the 
owner or operator uses a combination of process modifications and a 
condenser in accordance with the requirements of Sec.  63.771(e), the 
365-day average HAP, or BTEX, emission reduction shall be calculated 
using the emission reduction achieved through process modifications and 
the condenser efficiency as determined in paragraph (g)(2)(ii) of this 
section, both for the previous 365 operating days.
    (A) After the compliance dates specified in Sec.  63.760(f), an 
owner or operator with less than 120 days of data for determining 
average HAP, or BTEX, emission reduction, as appropriate, shall 
calculate the average HAP, or BTEX emission reduction, as appropriate, 
for the first 120 days of operation after the compliance dates. For 
sources required to meet the overall 95.0 percent reduction requirement, 
compliance is achieved if the 120-day average HAP emission reduction is 
equal to or greater than 90.0 percent. For sources required to meet the 
BTEX limit under Sec.  63.765(b)(1)(iii), compliance is achieved if the 
average BTEX emission reduction is at least 95.0 percent of the required 
365-day value identified under paragraph (g)(1) of this section (i.e., 
at least 76.0 percent if the 365-day design value is 80.0 percent).
    (B) After 120 days and no more than 364 days of operation after the 
compliance dates specified in Sec.  63.760(f), the owner or operator 
shall calculate the average HAP emission reduction as the HAP emission 
reduction averaged over the number of days between the current day and 
the applicable compliance date. For sources required to meet the overall 
95.0-percent reduction requirement, compliance with the performance 
requirements is achieved if the average HAP emission reduction is equal 
to or greater than 90.0 percent. For sources required to meet the BTEX 
limit under Sec.  63.765(b)(1)(iii), compliance is achieved if the 
average BTEX emission reduction is at least 95.0 percent of the required 
365-day value identified under paragraph (g)(1) of this section (i.e., 
at least 76.0 percent if the 365-day design value is 80.0 percent).
    (3) If the owner or operator has data for 365 days or more of 
operation, compliance is achieved based on the applicable criteria in 
paragraphs (g)(3)(i) or (ii) of this section.
    (i) For sources meeting the HAP emission reduction specified in 
Sec.  63.771(d)(1)(ii) or (e)(3) the average HAP emission reduction 
calculated in paragraph (g)(2)(iii) of this section is equal to or 
greater than 95.0 percent.
    (ii) For sources required to meet the BTEX limit under Sec.  
63.771(e)(3) or (f)(1),

[[Page 339]]

compliance is achieved if the average BTEX emission reduction calculated 
in paragraph (g)(2)(iii) of this section is equal to or greater than the 
minimum percent reduction identified in paragraph (g)(1) of this 
section.
    (h) Performance testing for combustion control devices--
manufacturers' performance test. (1) This paragraph applies to the 
performance testing of a combustion control device conducted by the 
device manufacturer. The manufacturer shall demonstrate that a specific 
model of control device achieves the performance requirements in 
paragraph (h)(7) of this section by conducting a performance test as 
specified in paragraphs (h)(2) through (6) of this section.
    (2) Performance testing shall consist of three one-hour (or longer) 
test runs for each of the four following firing rate settings making a 
total of 12 test runs per test. Propene (propylene) gas shall be used 
for the testing fuel. All fuel analyses shall be performed by an 
independent third-party laboratory (not affiliated with the control 
device manufacturer or fuel supplier).
    (i) 90-100 percent of maximum design rate (fixed rate).
    (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 100 percent of the maximum design 
rate. Hold at 100 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 70 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 70 percent of the maximum design 
rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 30 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at 0 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 30 percent of the maximum design 
rate. Hold at 30 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 0 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (3) All models employing multiple enclosures shall be tested 
simultaneously and with all burners operational. Results shall be 
reported for the each enclosure individually and for the average of the 
emissions from all interconnected combustion enclosures/chambers. 
Control device operating data shall be collected continuously throughout 
the performance test using an electronic Data Acquisition System and 
strip chart. Data shall be submitted with the test report in accordance 
with paragraph (h)(8)(iii) of this section.
    (4) Inlet gas testing shall be conducted as specified in paragraphs 
(h)(4)(i) through (iii) of this section.
    (i) The inlet gas flow metering system shall be located in 
accordance with Method 2A, 40 CFR part 60, appendix A-1, (or other 
approved procedure) to measure inlet gas flowrate at the control device 
inlet location. The fitting for filling inlet gas sample containers 
shall be located a minimum of 8 pipe diameters upstream of any inlet gas 
flow monitoring meter.
    (ii) Inlet gas flowrate shall be determined using Method 2A, 40 CFR 
part 60, appendix A-1. Record the start and stop reading for each 60-
minute THC test. Record the inlet gas pressure and temperature at 5-
minute intervals throughout each 60-minute THC test.
    (iii) Inlet gas fuel sampling shall be conducted in accordance with 
the criteria in paragraphs (h)(4)(iii)(A) and (B) of this section.
    (A) At the inlet gas sampling location, securely connect a Silonite-
coated stainless steel evacuated canister fitted with a flow controller 
sufficient to fill the canister over a 3 hour period. Filling shall be 
conducted as specified in the following:
    (1) Open the canister sampling valve at the beginning of the total 
hydrocarbon (THC) test, and close the canister at the end of each THC 
run.
    (2) Fill one canister across the three test runs for each THC test 
such that one composite fuel sample exists for each test condition.

[[Page 340]]

    (3) Label the canisters individually and record on a chain of 
custody form.
    (B) Each inlet gas sample shall be analyzed using the following 
methods. The results shall be included in the test report.
    (1) Hydrocarbon compounds containing between one and five atoms of 
carbon plus benzene using ASTM D1945-03 (Reapproved 2010) (incorporated 
by reference as specified in Sec.  63.14).
    (2) Hydrogen (H2), carbon monoxide (CO), carbon dioxide 
(CO2), nitrogen (N2), oxygen (O2) using 
ASTM D1945-03 (Reapproved 2010) (incorporated by reference as specified 
in Sec.  63.14).
    (3) Higher heating value using ASTM D3588-98 (Reapproved 2003) or 
ASTM D4891-89 (Reapproved 2006) (incorporated by reference as specified 
in Sec.  63.14).
    (5) Outlet testing shall be conducted in accordance with the 
criteria in paragraphs (h)(5)(i) through (v) of this section.
    (i) Sampling and flowrate measured in accordance with the following:
    (A) The outlet sampling location shall be a minimum of 4 equivalent 
stack diameters downstream from the highest peak flame or any other flow 
disturbance, and a minimum of one equivalent stack diameter upstream of 
the exit or any other flow disturbance. A minimum of two sample ports 
shall be used.
    (B) Flowrate shall be measured using Method 1, 40 CFR part 60, 
Appendix 1, for determining flow measurement traverse point location; 
and Method 2, 40 CFR part 60, Appendix 1, shall be used to measure duct 
velocity. If low flow conditions are encountered (i.e., velocity 
pressure differentials less than 0.05 inches of water) during the 
performance test, a more sensitive manometer or other pressure 
measurement device shall be used to obtain an accurate flow profile.
    (ii) Molecular weight shall be determined as specified in paragraphs 
(h)(4)(iii)(B) and (h)(5)(ii)(A) and (B) of this section.
    (A) An integrated bag sample shall be collected during the Method 4, 
40 CFR part 60, Appendix A, moisture test. Analyze the bag sample using 
a gas chromatograph-thermal conductivity detector (GC-TCD) analysis 
meeting the following criteria:
    (1) Collect the integrated sample throughout the entire test, and 
collect representative volumes from each traverse location.
    (2) The sampling line shall be purged with stack gas before opening 
the valve and beginning to fill the bag.
    (3) The bag contents shall be vigorously mixed prior to the GC 
analysis.
    (4) The GC-TCD calibration procedure in Method 3C, 40 CFR part 60, 
Appendix A, shall be modified by using EPAAlt-045 as follows: For the 
initial calibration, triplicate injections of any single concentration 
must agree within 5 percent of their mean to be valid. The calibration 
response factor for a single concentration re-check must be within 10 
percent of the original calibration response factor for that 
concentration. If this criterion is not met, the initial calibration 
using at least three concentration levels shall be repeated.
    (B) Report the molecular weight of: O2, CO2, 
methane (CH4), and N2 and include in the test report 
submitted under Sec.  63.775(d)(iii). Moisture shall be determined using 
Method 4, 40 CFR part 60, Appendix A. Traverse both ports with the 
Method 4, 40 CFR part 60, Appendix A, sampling train during each test 
run. Ambient air shall not be introduced into the Method 3C, 40 CFR part 
60, Appendix A, integrated bag sample during the port change.
    (iii) Carbon monoxide shall be determined using Method 10, 40 CFR 
part 60, Appendix A, or ASTM D6522-00 (Reapproved 2005), (incorporated 
by reference as specified in Sec.  63.14). The test shall be run at the 
same time and with the sample points used for the EPA Method 25A, 40 CFR 
part 60, Appendix A, testing. An instrument range of 0-10 per million by 
volume-dry (ppmvd) shall be used.
    (iv) Visible emissions shall be determined using Method 22, 40 CFR 
part 60, Appendix A. The test shall be performed continuously during 
each test run. A digital color photograph of the exhaust point, taken 
from the position of the observer and annotated with date and time, will 
be taken once per test run and the four photos included in the test 
report.

[[Page 341]]

    (v) Excess air shall be determined using resultant data from the EPA 
Method 3C tests and EPA Method 3B, 40 CFR part 60, Appendix A, equation 
3B-1 or ANSI/ASME PTC 19.10, 1981-Part 10 (manual portion only) 
(incorporated by reference as specified in Sec.  63.14).
    (6) Total hydrocarbons (THC) shall be determined as specified by the 
following criteria:
    (i) Conduct THC sampling using Method 25A, 40 CFR part 60, Appendix 
A, except the option for locating the probe in the center 10 percent of 
the stack shall not be allowed. The THC probe must be traversed to 16.7 
percent, 50 percent, and 83.3 percent of the stack diameter during each 
test.
    (ii) A valid test shall consist of three Method 25A, 40 CFR part 60, 
Appendix A, tests, each no less than 60 minutes in duration.
    (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane) 
measurement range is preferred; as an alternative a 0-30 ppmvw (as 
carbon) measurement range may be used.
    (iv) Calibration gases will be propane in air and be certified 
through EPA Protocol 1--``EPA Traceability Protocol for Assay and 
Certification of Gaseous Calibration Standards,'' September 1997, as 
amended August 25, 1999, EPA-600/R-97/121 (or more recent if updated 
since 1999).
    (v) THC measurements shall be reported in terms of ppmvw as propane.
    (vi) THC results shall be corrected to 3 percent CO2, as 
measured by Method 3C, 40 CFR part 60, Appendix A.
    (vii) Subtraction of methane/ethane from the THC data is not allowed 
in determining results.
    (7) Performance test criteria:
    (i) The control device model tested must meet the criteria in 
paragraphs (h)(7)(i)(A) through (C) of this section:
    (A) Method 22, 40 CFR part 60, Appendix A, results under paragraph 
(h)(5)(v) of this section with no indication of visible emissions, and
    (B) Average Method 25A, 40 CFR part 60, Appendix A, results under 
paragraph (h)(6) of this section equal to or less than 10.0 ppmvw THC as 
propane corrected to 3.0 percent CO2, and
    (C) Average CO emissions determined under paragraph (h)(5)(iv) of 
this section equal to or less than 10 parts ppmvd, corrected to 3.0 
percent CO2.
    (D) Excess combustion air shall be equal to or greater than 150 
percent.
    (ii) The manufacturer shall determine a maximum inlet gas flowrate 
which shall not be exceeded for each control device model to achieve the 
criteria in paragraph (h)(7)(i) of this section.
    (iii) A control device meeting the criteria in paragraphs 
(h)(7)(i)(A) through (C) of this section will have demonstrated a 
destruction efficiency of 95.0 percent for HAP regulated under this 
subpart.
    (8) The owner or operator of a combustion control device model 
tested under this section shall submit the information listed in 
paragraphs (h)(8)(i) through (iii) of this section in the test report 
required under Sec.  63.775(d)(1)(iii).
    (i) Full schematic of the control device and dimensions of the 
device components.
    (ii) Design net heating value (minimum and maximum) of the device.
    (iii) Test fuel gas flow range (in both mass and volume). Include 
the minimum and maximum allowable inlet gas flowrate.
    (iv) Air/stream injection/assist ranges, if used.
    (v) The test parameter ranges listed in paragraphs (h)(8)(v)(A) 
through (O) of this section, as applicable for the tested model.
    (A) Fuel gas delivery pressure and temperature.
    (B) Fuel gas moisture range.
    (C) Purge gas usage range.
    (D) Condensate (liquid fuel) separation range.
    (E) Combustion zone temperature range. This is required for all 
devices that measure this parameter.
    (F) Excess combustion air range.
    (G) Flame arrestor(s).
    (H) Burner manifold pressure.
    (I) Pilot flame sensor.
    (J) Pilot flame design fuel and fuel usage.
    (K) Tip velocity range.
    (L) Momentum flux ratio.
    (M) Exit temperature range.
    (N) Exit flowrate.
    (O) Wind velocity and direction.
    (vi) The test report shall include all calibration quality 
assurance/quality

[[Page 342]]

control data, calibration gas values, gas cylinder certification, and 
strip charts annotated with test times and calibration values.
    (i) Compliance demonstration for combustion control devices--
manufacturers' performance test. This paragraph applies to the 
demonstration of compliance for a combustion control device tested under 
the provisions in paragraph (h) of this section. Owners or operators 
shall demonstrate that a control device achieves the performance 
requirements of Sec.  63.771(d)(1), (e)(3)(ii) or (f)(1), by installing 
a device tested under paragraph (h) of this section and complying with 
the following criteria:
    (1) The inlet gas flowrate shall meet the range specified by the 
manufacturer. Flowrate shall be calculated as specified in Sec.  
63.773(d)(3)(i)(H)(1).
    (2) A pilot flame shall be present at all times of operation. The 
pilot flame shall be monitored in accordance with Sec.  
63.773(d)(3)(i)(H)(2).
    (3) Devices shall be operated with no visible emissions, except for 
periods not to exceed a total of 2 minutes during any hour. A visible 
emissions test using Method 22, 40 CFR part 60, Appendix A, shall be 
performed each calendar quarter. The observation period shall be 1 hour 
and shall be conducted according to EPA Method 22, 40 CFR part 60, 
Appendix A.
    (4) Compliance with the operating parameter limit is achieved when 
the following criteria are met:
    (i) The inlet gas flowrate monitored under paragraph (i)(1) of this 
section is equal to or below the maximum established by the 
manufacturer; and
    (ii) The pilot flame is present at all times; and
    (iii) During the visible emissions test performed under paragraph 
(i)(3) of this section the duration of visible emissions does not exceed 
a total of 2 minutes during the observation period. Devices failing the 
visible emissions test shall follow manufacturers repair instructions, 
if available, or best combustion engineering practice as outlined in the 
unit inspection and maintenance plan, to return the unit to compliant 
operation. All repairs and maintenance activities for each unit shall be 
recorded in a maintenance and repair log and shall be available on site 
for inspection.
    (iv) Following return to operation from maintenance or repair 
activity, each device must pass a Method 22 visual observation as 
described in paragraph (i)(3) of this section.

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



Sec.  63.773  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. Sec.  63.765 and 
63.766.
    (b) The owner or operator of a control device whose model was tested 
under Sec.  63.772(h) shall develop an inspection and maintenance plan 
for each control device. At a minimum, the plan shall contain the 
control device manufacturer's recommendations for ensuring proper 
operation of the device. Semi-annual inspections shall be conducted for 
each control device with maintenance and replacement of control device 
components made in accordance with the plan.
    (c) Cover and closed-vent system inspection and monitoring 
requirements. (1) For each closed-vent system or cover required to 
comply with this section, the owner or operator shall comply with the 
requirements of paragraphs (c) (2) through (7) of this section.
    (2) Except as provided in paragraphs (c)(5) and (6) of this section, 
each closed-vent system shall be inspected according to the procedures 
and schedule specified in paragraphs (c)(2)(i) and (ii) of this section, 
each cover shall be inspected according to the procedures and schedule 
specified in paragraph (c)(2)(iii) of this section, and each bypass 
device shall be inspected according to the procedures of paragraph 
(c)(2)(iv) of this section.
    (i) For each closed-vent system joints, seams, or other connections 
that are permanently or semi-permanently sealed (e.g., a welded joint 
between two sections of hard piping or a bolted and gasketed ducting 
flange), the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec.  63.772(c) to demonstrate that the

[[Page 343]]

closed-vent system operates with no detectable emissions. Inspection 
results shall be submitted with the Notification of Compliance Status 
Report as specified in Sec.  63.775(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; or broken or 
missing caps or other closure devices. The owner or operator shall 
monitor a component or connection using the procedures in Sec.  
63.772(c) to demonstrate that it operates with no detectable emissions 
following any time the component is repaired or replaced or the 
connection is unsealed. Inspection results shall be submitted in the 
Periodic Report as specified in Sec.  63.775(e)(2)(iii).
    (ii) For closed-vent system components other than those specified in 
paragraph (c)(2)(i) of this section, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec.  63.772(c) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as specified 
in Sec.  63.775(d)(1) or (2).
    (B) Conduct annual inspections according to the procedures specified 
in Sec.  63.772(c) to demonstrate that the components or connections 
operate with no detectable emissions. Inspection results shall be 
submitted in the Periodic Report as specified in Sec.  
63.775(e)(2)(iii).
    (C) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork; loose connections; or broken or 
missing caps or other closure devices. Inspection results shall be 
submitted in the Periodic Report as specified in Sec.  
63.775(e)(2)(iii).
    (iii) For each cover, the owner or operator shall:
    (A) Conduct visual inspections for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover, or between the cover and the separator 
wall; broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices. In the case where the storage vessel is buried 
partially or entirely underground, inspection is required only for those 
portions of the cover that extend to or above the ground surface, and 
those connections that are on such portions of the cover (e.g., fill 
ports, access hatches, gauge wells, etc.) and can be opened to the 
atmosphere.
    (B) The inspections specified in paragraph (c)(2)(iii)(A) of this 
section shall be conducted initially, following the installation of the 
cover. Inspection results shall be submitted with the Notification of 
Compliance Status Report as specified in Sec.  63.775(d)(12). 
Thereafter, the owner or operator shall perform the inspection at least 
once every calendar year, except as provided in paragraphs (c)(5) and 
(6) of this section. Annual inspection results shall be submitted in the 
Periodic Report as specified in Sec.  63.775(e)(2)(iii).
    (iv) For each bypass device, except as provided for in Sec.  
63.771(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
    (3) In the event that a leak or defect is detected, the owner or 
operator shall repair the leak or defect as soon as practicable, except 
as provided in paragraph (c)(4) of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (4) Delay of repair of a closed-vent system or cover for which leaks 
or defects have been detected is allowed if the repair is technically 
infeasible without a shutdown, as defined in

[[Page 344]]

Sec.  63.761, or if the owner or operator determines that emissions 
resulting from immediate repair would be greater than the fugitive 
emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next shutdown.
    (5) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(5) (i) and (ii) of this 
section, as unsafe to inspect are exempt from the inspection 
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section 
if:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs 
(c)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (6) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(6) (i) and (ii) of this 
section, as difficult to inspect are exempt from the inspection 
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section 
if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (7) Records shall be maintained as specified in Sec.  63.774(b)(5) 
through (8).
    (d) Control device monitoring requirements. (1) For each control 
device, except as provided for in paragraph (d)(2) of this section, the 
owner or operator shall install and operate a continuous parameter 
monitoring system in accordance with the requirements of paragraphs 
(d)(3) through (7) of this section. Owners or operators that install and 
operate a flare in accordance with Sec.  63.771(d)(1)(iii) or 
(f)(1)(iii) are exempt from the requirements of paragraphs (d)(4) and 
(5) of this section. The continuous monitoring system shall be designed 
and operated so that a determination can be made on whether the control 
device is achieving the applicable performance requirements of Sec.  
63.771(d), (e)(3), or (f)(1). Each continuous parameter monitoring 
system shall meet the following specifications and requirements:
    (i) Each continuous parameter monitoring system shall measure data 
values at least once every hour and record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (ii) A site-specific monitoring plan must be prepared that addresses 
the monitoring system design, data collection, and the quality assurance 
and quality control elements outlined in paragraph (d) of this section 
and in Sec.  63.8(d). Each CPMS must be installed, calibrated, operated, 
and maintained in accordance with the procedures in your approved site-
specific monitoring plan. Using the process described in Sec.  
63.8(f)(4), you may request approval of monitoring system quality 
assurance and quality control procedures alternative to those specified 
in paragraphs (d)(1)(ii)(A) through (E) of this section in your site-
specific monitoring plan.
    (A) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations;
    (B) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements;
    (C) Equipment performance checks, system accuracy audits, or other 
audit procedures;
    (D) Ongoing operation and maintenance procedures in accordance with 
provisions in Sec.  63.8(c)(1) and (3); and
    (E) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (iii) The owner or operator must conduct the CPMS equipment 
performance checks, system accuracy audits, or other audit procedures 
specified in the

[[Page 345]]

site-specific monitoring plan at least once every 12 months.
    (iv) The owner or operator must conduct a performance evaluation of 
each CPMS in accordance with the site-specific monitoring plan.
    (2) An owner or operator is exempt from the monitoring requirements 
specified in paragraphs (d)(3) through (7) of this section for the 
following types of control devices:
    (i) Except for control devices for small glycol dehydration units, a 
boiler or process heater in which all vent streams are introduced with 
the primary fuel or is used as the primary fuel; or
    (ii) Except for control devices for small glycol dehydration units, 
a boiler or process heater with a design heat input capacity equal to or 
greater than 44 megawatts.
    (3) The owner or operator shall install, calibrate, operate, and 
maintain a device equipped with a continuous recorder to measure the 
values of operating parameters appropriate for the control device as 
specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of 
this section.
    (i) A continuous monitoring system that measures the following 
operating parameters as applicable:
    (A) For a thermal vapor incinerator that demonstrates during the 
performance test conducted under Sec.  63.772(e) that the combustion 
zone temperature is an accurate indicator of performance, a temperature 
monitoring device equipped with a continuous recorder. The monitoring 
device shall have a minimum accuracy of 2 percent 
of the temperature being monitored in [deg]C, or 2.5 [deg]C, whichever value is greater. The temperature 
sensor shall be installed at a location representative of the combustion 
zone temperature.
    (B) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations and have a minimum accuracy 
of 2 percent of the temperature being monitored in 
[deg]C, or 2.5 [deg]C, whichever value is greater. 
One temperature sensor shall be installed in the vent stream at the 
nearest feasible point to the catalyst bed inlet and a second 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed outlet.
    (C) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (D) For a boiler or process heater, a temperature monitoring device 
equipped with a continuous recorder. The temperature monitoring device 
shall have a minimum accuracy of 2 percent of the 
temperature being monitored in [deg]C, or 2.5 
[deg]C, whichever value is greater. The temperature sensor shall be 
installed at a location representative of the combustion zone 
temperature.
    (E) For a condenser, a temperature monitoring device equipped with a 
continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature 
being monitored in [deg]C, or 2.5 [deg]C, 
whichever value is greater. The temperature sensor shall be installed at 
a location in the exhaust vent stream from the condenser.
    (F) For a regenerative-type carbon adsorption system:
    (1) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 percent; and
    (2) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
temperature monitoring device shall have a minimum accuracy of 2 percent of the temperature being monitored in [deg]C, 
or 2.5 [deg]C, whichever value is greater.
    (G) For a nonregenerative-type carbon adsorption system, the owner 
or operator shall monitor the design carbon replacement interval 
established using a performance test performed in accordance with Sec.  
63.772(e)(3) and shall be based on the total carbon working capacity of 
the control device and source operating schedule.

[[Page 346]]

    (H) For a control device model whose model is tested under Sec.  
63.772(h):
    (1) The owner or operator shall determine actual average inlet waste 
gas flowrate using the model GRI-GLYCalc \TM\, Version 3.0 or higher, 
ProMax, or AspenTech HYSYS. Inputs to the models shall be representative 
of actual operating conditions of the controlled unit. The determination 
shall be performed to coincide with the visible emissions test under 
Sec.  63.772(i)(3);
    (2) A heat sensing monitoring device equipped with a continuous 
recorder that indicates the continuous ignition of the pilot flame.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder. The monitor must meet the requirements of Performance 
Specification 8 or 9 of appendix B of 40 CFR part 60 and must be 
installed, calibrated, and maintained according to the manufacturer's 
specifications.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (d)(3)(i) 
or (d)(3)(ii) of this section upon approval of the Administrator as 
specified in Sec.  63.8(f)(1) through (5).
    (4) Using the data recorded by the monitoring system, except for 
inlet gas flowrate, the owner or operator must calculate the daily 
average value for each monitored operating parameter for each operating 
day. If the emissions unit operation is continuous, the operating day is 
a 24-hour period. If the emissions unit operation is not continuous, the 
operating day is the total number of hours of control device operation 
per 24-hour period. Valid data points must be available for 75 percent 
of the operating hours in an operating day to compute the daily average.
    (5) For each operating parameter monitor installed in accordance 
with the requirements of paragraph (d)(3) of this section, the owner or 
operator shall comply with paragraph (d)(5)(i) of this section for all 
control devices, and when condensers are installed, the owner or 
operator shall also comply with paragraph (d)(5)(ii) of this section.
    (i) The owner or operator shall establish a minimum operating 
parameter value or a maximum operating parameter value, as appropriate 
for the control device, to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec.  63.771(d)(1), (e)(3)(ii), or (f)(1). 
Each minimum or maximum operating parameter value shall be established 
as follows:
    (A) If the owner or operator conducts performance tests in 
accordance with the requirements of Sec.  63.772(e)(3) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec.  63.771(d)(1), (e)(3)(ii) or (f)(1), then the minimum 
operating parameter value or the maximum operating parameter value shall 
be established based on values measured during the performance test and 
supplemented, as necessary, by a condenser design analysis or control 
device manufacturer recommendations or a combination of both.
    (B) If the owner or operator uses a condenser design analysis in 
accordance with the requirements of Sec.  63.772(e)(4) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec.  63.771(d)(1), (e)(3)(ii), or (f)(1), then the minimum 
operating parameter value or the maximum operating parameter value shall 
be established based on the condenser design analysis and may be 
supplemented by the condenser manufacturer's recommendations.
    (C) If the owner or operator operates a control device where the 
performance test requirement was met under Sec.  63.772(h) to 
demonstrate that the control device achieves the applicable performance 
requirements specified in Sec.  63.771(d)(1), (e)(3)(ii), or (f)(1), 
then the maximum inlet gas flowrate shall be established based on the 
performance test and supplemented, as necessary, by the manufacturer 
recommendations.
    (ii) The owner or operator shall establish a condenser performance 
curve showing the relationship between condenser outlet temperature and 
condenser control efficiency. The curve shall be established as follows:
    (A) If the owner or operator conducts a performance test in 
accordance with

[[Page 347]]

the requirements of Sec.  63.772(e)(3) to demonstrate that the condenser 
achieves the applicable performance requirements in Sec.  63.771(d)(1), 
(e)(3)(ii), or (f)(1), then the condenser performance curve shall be 
based on values measured during the performance test and supplemented as 
necessary by control device design analysis, or control device 
manufacturer's recommendations, or a combination of both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec.  63.772(e)(4)(i) to 
demonstrate that the condenser achieves the applicable performance 
requirements specified in Sec.  63.771(d)(1), (e)(3)(ii), or (f)(1), 
then the condenser performance curve shall be based on the condenser 
design analysis and may be supplemented by the control device 
manufacturer's recommendations.
    (C) As an alternative to paragraph (d)(5)(ii)(B) of this section, 
the owner or operator may elect to use the procedures documented in the 
GRI report entitled, ``Atmospheric Rich/Lean Method for Determining 
Glycol Dehydrator Emissions'' (GRI-95/0368.1) as inputs for the model 
GRI-GLYCalc \TM\, Version 3.0 or higher, to generate a condenser 
performance curve.
    (6) An excursion for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (d)(6)(i) through (vi) 
of this section being met. When multiple operating parameters are 
monitored for the same control device and during the same operating day 
and more than one of these operating parameters meets an excursion 
criterion specified in paragraphs (d)(6)(i) through (vi) of this 
section, then a single excursion is determined to have occurred for the 
control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (d)(5)(i) of this section.
    (ii) For sources meeting Sec.  63.771(d)(1)(ii), an excursion occurs 
when the 365-day average condenser efficiency calculated according to 
the requirements specified in Sec.  63.772(g)(2)(iii) is less than 95.0 
percent. For sources meeting Sec.  63.771(f)(1), an excursion occurs 
when the 365-day average condenser efficiency calculated according to 
the requirements specified in Sec.  63.772(g)(2)(iii) is less than 95.0 
percent of the identified 365-day required percent reduction.
    (iii) For sources meeting Sec.  63.771(d)(1)(ii), if an owner or 
operator has less than 365 days of data, an excursion occurs when the 
average condenser efficiency calculated according to the procedures 
specified in Sec.  63.772(g)(2)(iii)(A) or (B) is less than 90.0 
percent. For sources meeting Sec.  63.771(f)(1), an excursion occurs 
when the 365-day average condenser efficiency calculated according to 
the requirements specified in Sec.  63.772(g)(2)(iii) is less than the 
identified 365-day required percent reduction.
    (iv) An excursion occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.
    (v) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, an excursion occurs when:
    (A) For each bypass line subject to Sec.  63.771(c)(3)(i)(A) the 
flow indicator indicates that flow has been detected and that the stream 
has been diverted away from the control device to the atmosphere.
    (B) For each bypass line subject to Sec.  63.771(c)(3)(i)(B), if the 
seal or closure mechanism has been broken, the bypass line valve 
position has changed, the key for the lock-and-key type lock has been 
checked out, or the car-seal has broken.
    (vi) For control device whose model is tested under Sec.  63.772(h) 
an excursion occurs when:
    (A) The inlet gas flowrate exceeds the maximum established during 
the test conducted under Sec.  63.772(h).
    (B) Failure of the quarterly visible emissions test conducted under 
Sec.  63.772(i)(3) occurs.

[[Page 348]]

    (7) For each excursion, the owner or operator shall be deemed to 
have failed to have applied control in a manner that achieves the 
required operating parameter limits. Failure to achieve the required 
operating parameter limits is a violation of this standard.

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



Sec.  63.774  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63, subpart A, that 
apply and those that do not apply to owners and operators of sources 
subject to this subpart are listed in Table 2 of this subpart.
    (b) Except as specified in paragraphs (c), (d), and (f) of this 
section, each owner or operator of a facility subject to this subpart 
shall maintain the records specified in paragraphs (b)(1) through (11) 
of this section:
    (1) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain files of all information 
(including all reports and notifications) required by this subpart. The 
files shall be retained for at least 5 years following the date of each 
occurrence, measurement, maintenance, corrective action, report or 
period.
    (i) All applicable records shall be maintained in such a manner that 
they can be readily accessed.
    (ii) The most recent 12 months of records shall be retained on site 
or shall be accessible from a central location by computer or other 
means that provides access within 2 hours after a request.
    (iii) The remaining 4 years of records may be retained offsite.
    (iv) Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) Records specified in Sec.  63.10(b)(2);
    (3) Records specified in Sec.  63.10(c) for each monitoring system 
operated by the owner or operator in accordance with the requirements of 
Sec.  63.773(d). Notwithstanding the requirements of Sec.  63.10(c), 
monitoring data recorded during periods identified in paragraphs 
(b)(3)(i) through (iv) of this section shall not be included in any 
average or percent leak rate computed under this subpart. Records shall 
be kept of the times and durations of all such periods and any other 
periods during process or control device operation when monitors are not 
operating or failed to collect required data.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) [Reserved]
    (iii) Periods of non-operation resulting in cessation of the 
emissions to which the monitoring applies; and
    (iv) Excursions due to invalid data as defined in Sec.  
63.773(d)(6)(iv).
    (4) Each owner or operator using a control device to comply with 
Sec.  63.764 of this subpart shall keep the following records up-to-date 
and readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.773(d) or specified by the 
Administrator in accordance with Sec.  63.773(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section shall be maintained in place of continuous 
records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec.  63.773(d)(4) of this subpart, except as 
specified in paragraphs (b)(4)(ii)(A) through (C) of this section.
    (A) For flares, the records required in paragraph (e) of this 
section.
    (B) For condensers installed to comply with Sec.  63.765, records of 
the annual 365-day rolling average condenser efficiency determined under 
Sec.  63.772(g) shall be kept in addition to the daily averages.
    (C) For a control device whose model is tested under Sec.  
63.772(h), the records required in paragraph (h) of this section.
    (iii) Hourly records of the times and durations of all periods when 
the vent stream is diverted from the control device or the device is not 
operating.
    (iv) Where a seal or closure mechanism is used to comply with Sec.  
63.771(c)(3)(i)(B), hourly records of flow are not required. In such 
cases,

[[Page 349]]

the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanism has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (5) Records identifying all parts of the cover or closed-vent system 
that are designated as unsafe to inspect in accordance with Sec.  
63.773(c)(5), an explanation of why the equipment is unsafe to inspect, 
and the plan for inspecting the equipment.
    (6) Records identifying all parts of the cover or closed-vent system 
that are designated as difficult to inspect in accordance with Sec.  
63.773(c)(6), an explanation of why the equipment is difficult to 
inspect, and the plan for inspecting the equipment.
    (7) For each inspection conducted in accordance with Sec.  
63.773(c), during which a leak or defect is detected, a record of the 
information specified in paragraphs (b)(7)(i) through (b)(7)(viii) of 
this section.
    (i) The instrument identification numbers, operator name or 
initials, and identification of the equipment.
    (ii) The date the leak or defect was detected and the date of the 
first attempt to repair the leak or defect.
    (iii) Maximum instrument reading measured by the method specified in 
Sec.  63.772(c) after the leak or defect is successfully repaired or 
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak or 
defect is not repaired within 15 calendar days after discovery of the 
leak or defect.
    (v) The name, initials, or other form of identification of the owner 
or operator (or designee) whose decision it was that repair could not be 
effected without a shutdown.
    (vi) The expected date of successful repair of the leak or defect if 
a leak or defect is not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (viii) The date of successful repair of the leak or defect.
    (ix) Records identifying the carbon replacement schedule under Sec.  
63.771(d)(5) and records of each carbon replacement.
    (8) For each inspection conducted in accordance with Sec.  63.773(c) 
during which no leaks or defects are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks or defects were detected.
    (9) Records identifying ancillary equipment and compressors that are 
subject to and controlled under the provisions of 40 CFR part 60, 
subpart KKK; 40 CFR part 61, subpart V; or 40 CFR part 63, subpart H.
    (10) Records of glycol dehydration unit baseline operations 
calculated as required under Sec.  63.771(e)(1).
    (11) Records required in Sec.  63.771(e)(3)(i) documenting that the 
facility continues to operate under the conditions specified in Sec.  
63.771(e)(2).
    (c) An owner or operator that elects to comply with the benzene 
emission limit specified in Sec.  63.765(b)(1)(ii) shall document, to 
the Administrator's satisfaction, the following items:
    (1) The method used for achieving compliance and the basis for using 
this compliance method; and
    (2) The method used for demonstrating compliance with 0.90 megagrams 
per year of benzene.
    (3) Any information necessary to demonstrate compliance as required 
in the methods specified in paragraphs (c)(1) and (c)(2) of this 
section.
    (d)(1) An owner or operator of a glycol dehydration unit that meets 
the exemption criteria in Sec.  63.764(e)(1)(i) or Sec.  
63.764(e)(1)(ii) shall maintain the records specified in paragraph 
(d)(1)(i) or paragraph (d)(1)(ii) of this section, as appropriate, for 
that glycol dehydration unit.
    (i) The actual annual average natural gas throughput (in terms of 
natural gas flowrate to the glycol dehydration unit per day) as 
determined in accordance with Sec.  63.772(b)(1), or
    (ii) The actual average benzene emissions (in terms of benzene 
emissions per year) as determined in accordance with Sec.  63.772(b)(2).
    (2) An owner or operator that is exempt from the control 
requirements

[[Page 350]]

under Sec.  63.764(e)(2) of this subpart shall maintain the following 
records:
    (i) Information and data used to demonstrate that a piece of 
ancillary equipment or a compressor is not in VHAP service or not in wet 
gas service shall be recorded in a log that is kept in a readily 
accessible location.
    (ii) Identification and location of ancillary equipment or 
compressors, located at a natural gas processing plant subject to this 
subpart, that is in VHAP service less than 300 hours per year.
    (e) Record the following when using a flare to comply with Sec.  
63.771(d):
    (1) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (2) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.772(e)(2); and
    (3) All hourly records and other recorded periods when the pilot 
flame is absent.
    (f) The owner or operator of an area source not located within a UA 
plus offset and UC boundary must keep a record of the calculation used 
to determine the optimum glycol circulation rate in accordance with 
Sec.  63.764(d)(2)(i) or Sec.  63.764(d)(2)(ii), as applicable.
    (g) The owner or operator of an affected source subject to this 
subpart shall maintain records of the occurrence and duration of each 
malfunction of operation (i.e., process equipment) or the air pollution 
control equipment and monitoring equipment. The owner or operator shall 
maintain records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.764(j), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (h) Record the following when using a control device whose model is 
tested under Sec.  63.772(h) to comply with Sec.  63.771(d), (e)(3)(ii), 
and (f)(1):
    (1) All visible emission readings and flowrate calculations made 
during the compliance determination required by Sec.  63.772(i); and
    (2) All hourly records and other recorded periods when the pilot 
flame is absent.
    (i) The date the semi-annual maintenance inspection required under 
Sec.  63.773(b) is performed. Include a list of any modifications or 
repairs made to the control device during the inspection and other 
maintenance performed such as cleaning of the fuel nozzles.

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



Sec.  63.775  Reporting requirements.

    (a) The reporting provisions of subpart A of this part, that apply 
and those that do not apply to owners and operators of sources subject 
to this subpart are listed in Table 2 of this subpart.
    (b) Each owner or operator of a major source subject to this subpart 
shall submit the information listed in paragraphs (b)(1) through (b)(6) 
of this section, except as provided in paragraphs (b)(7) and (b)(8) of 
this section.
    (1) The initial notifications required for existing affected sources 
under Sec.  63.9(b)(2) shall be submitted as provided in paragraphs 
(b)(1)(i) and (ii) of this section.
    (i) Except as otherwise provided in paragraph (b)(1)(ii) of this 
section, the initial notifications shall be submitted by 1 year after an 
affected source becomes subject to the provisions of this subpart or by 
June 17, 2000, whichever is later. Affected sources that are major 
sources on or before June 17, 2000, and plan to be area sources by June 
17, 2002, shall include in this notification a brief, nonbinding 
description of a schedule for the action(s) that are planned to achieve 
area source status.
    (ii) An affected source identified under Sec.  63.760(f)(7) or (9) 
shall submit an initial notification required for existing affected 
sources under Sec.  63.9(b)(2) within 1 year after the affected source 
becomes subject to the provisions of this subpart or by October 15, 
2013, whichever is later. An affected source identified under Sec.  
63.760(f)(7) or (9) that plans to be an area source by October 15, 2015, 
shall include in this notification a brief, nonbinding description of a 
schedule for the action(s) that are planned to achieve area source 
status.

[[Page 351]]

    (2) The date of the performance evaluation as specified in Sec.  
63.8(e)(2), required only if the owner or operator is required by the 
Administrator to conduct a performance evaluation for a continuous 
monitoring system. A separate notification of the performance evaluation 
is not required if it is included in the initial notification submitted 
in accordance with paragraph (b)(1) of this section.
    (3) The planned date of a performance test at least 60 days before 
the test in accordance with Sec.  63.7(b). Unless requested by the 
Administrator, a site-specific test plan is not required by this 
subpart. If requested by the Administrator, the owner or operator must 
also submit the site-specific test plan required by Sec.  63.7(c) with 
the notification of the performance test. A separate notification of the 
performance test is not required if it is included in the initial 
notification submitted in accordance with paragraph (b)(1) of this 
section.
    (4) A Notification of Compliance Status report as described in 
paragraph (d) of this section;
    (5) Periodic Reports as described in paragraph (e) of this section; 
and
    (6) If there was a malfunction during the reporting period, the 
Periodic Report specified in paragraph (e) of this section shall include 
the number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec.  63.764(j), including actions taken to 
correct a malfunction.
    (7) [Reserved]
    (8) Each owner or operator of ancillary equipment and compressors 
subject to this subpart that are exempt from the control requirements 
for equipment leaks in Sec.  63.769, are exempt from all reporting 
requirements for major sources in this subpart, for that equipment.
    (c) Except as provided in paragraph (c)(8), each owner or operator 
of an area source subject to this subpart shall submit the information 
listed in paragraph (c)(1) of this section. If the source is located 
within a UA plus offset and UC boundary, the owner or operator shall 
also submit the information listed in paragraphs (c)(2) through (6) of 
this section. If the source is not located within any UA plus offset and 
UC boundaries, the owner or operator shall also submit the information 
listed within paragraph (c)(7).
    (1) The initial notifications required under Sec.  63.9(b)(2) not 
later than January 3, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. In addition to 
submitting your initial notification to the addressees specified under 
Sec.  63.9(a), you must also submit a copy of the initial notification 
to the EPA's Office of Air Quality Planning and Standards. Send your 
notification via email to Oil and Gas [email protected] or via U.S. mail or 
other mail delivery service to U.S. EPA, Sector Policies and Programs 
Division/Fuels and Incineration Group (E143-01), Attn: Oil and Gas 
Project Leader, Research Triangle Park, NC 27711.
    (2) The date of the performance evaluation as specified in Sec.  
63.8(e)(2) if an owner or operator is required by the Administrator to 
conduct a performance evaluation for a continuous monitoring system.
    (3) The planned date of a performance test at least 60 days before 
the test in accordance with Sec.  63.7(b). Unless requested by the 
Administrator, a site-specific test plan is not required by this 
subpart. If requested by the Administrator, the owner or operator must 
submit the site-specific test plan required by Sec.  63.7(c) with the 
notification of the performance test. A separate notification of the 
performance test is not required if it is included in the initial 
notification submitted in accordance with paragraph (c)(1) of this 
section.
    (4) A Notification of Compliance Status as described in paragraph 
(d) of this section;
    (5) Periodic reports as described in paragraph (e)(3) of this 
section; and
    (6) If there was a malfunction during the reporting period, the 
Periodic Report specified in paragraph (e) of this section shall include 
the number, duration, and a brief description for each

[[Page 352]]

type of malfunction which occurred during the reporting period and which 
caused or may have caused any applicable emission limitation to be 
exceeded. The report must also include a description of actions taken by 
an owner or operator during a malfunction of an affected source to 
minimize emissions in accordance with Sec.  63.764(j), including actions 
taken to correct a malfunction.
    (7) The information listed in paragraphs (c)(1)(i) through (v) of 
this section. This information shall be submitted with the initial 
notification.
    (i) Documentation of the source's location relative to the nearest 
UA plus offset and UC boundaries. This information shall include the 
latitude and longitude of the affected source; whether the source is 
located in an urban cluster with 10,000 people or more; the distance in 
miles to the nearest urbanized area boundary if the source is not 
located in an urban cluster with 10,000 people or more; and the name of 
the nearest urban cluster with 10,000 people or more and nearest 
urbanized area.
    (ii) Calculation of the optimum glycol circulation rate determined 
in accordance with Sec.  63.764(d)(2)(i).
    (iii) If applicable, documentation of the alternate glycol 
circulation rate calculated using GRI-GLYCalc \TM\, Version 3.0 or 
higher and documentation stating why the TEG dehydration unit must 
operate using the alternate glycol circulation rate.
    (iv) The name of the manufacturer and the model number of the glycol 
circulation pump(s) in operation.
    (v) Statement by a responsible official, with that official's name, 
title, and signature, certifying that the facility will always operate 
the glycol dehydration unit using the optimum circulation rate 
determined in accordance with Sec.  63.764(d)(2)(i) or Sec.  
63.764(d)(2)(ii), as applicable.
    (8) An owner or operator of a TEG dehydration unit located at an 
area source that meets the criteria in Sec.  63.764(e)(1)(i) or Sec.  
63.764(e)(1)(ii) is exempt from the reporting requirements for area 
sources in paragraphs (c)(1) through (7) of this section, for that unit.
    (d) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status Report as required under 
Sec.  63.9(h) within 180 days after the compliance date specified in 
Sec.  63.760(f). In addition to the information required under Sec.  
63.9(h), the Notification of Compliance Status Report shall include the 
information specified in paragraphs (d)(1) through (12) of this section. 
This information may be submitted in an operating permit application, in 
an amendment to an operating permit application, in a separate 
submittal, or in any combination of the three. If all of the information 
required under this paragraph has been submitted at any time prior to 
180 days after the applicable compliance dates specified in Sec.  
63.760(f), a separate Notification of Compliance Status Report is not 
required. If an owner or operator submits the information specified in 
paragraphs (d)(1) through (12) of this section at different times, and/
or different submittals, subsequent submittals may refer to previous 
submittals instead of duplicating and resubmitting the previously 
submitted information.
    (1) If a closed-vent system and a control device other than a flare 
are used to comply with Sec.  63.764, the owner or operator shall submit 
the information in paragraph (d)(1)(iii) of this section and the 
information in either paragraph (d)(1)(i) or (ii) of this section.
    (i) The condenser design analysis documentation specified in Sec.  
63.772(e)(4) of this subpart, if the owner or operator elects to prepare 
a design analysis.
    (ii) If the owner or operator is required to conduct a performance 
test, the performance test results including the information specified 
in paragraphs (d)(1)(ii)(A) and (B) of this section. Results of a 
performance test conducted prior to the compliance date of this subpart 
can be used provided that the test was conducted using the methods 
specified in Sec.  63.772(e)(3) and that the test conditions are 
representative of current operating conditions. If the owner or operator 
operates a combustion control device model tested under Sec.  63.772(h), 
an electronic copy of the performance test results shall be submitted 
via email to [email protected] unless the test results for that 
model of combustion control device are posted at the

[[Page 353]]

following Web site: epa.gov/airquality/oilandgas/.
    (A) The percent reduction of HAP or TOC, or the outlet concentration 
of HAP or TOC (parts per million by volume on a dry basis), determined 
as specified in Sec.  63.772(e)(3) of this subpart; and
    (B) The value of the monitored parameters specified in Sec.  773(d) 
of this subpart, or a site-specific parameter approved by the permitting 
agency, averaged over the full period of the performance test.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec.  63.773(c)(2)(i) and 
(ii).
    (2) If a closed-vent system and a flare are used to comply with 
Sec.  63.764, the owner or operator shall submit performance test 
results including the information in paragraphs (d)(2)(i) and (ii) of 
this section. The owner or operator shall also submit the information in 
paragraph (d)(2)(iii) of this section.
    (i) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.772(e)(2) of this subpart.
    (ii) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec.  63.773(c)(2)(i) and 
(ii).
    (3) For each owner or operator subject to the provisions specified 
in Sec.  63.769, the owner or operator shall submit the information 
required by Sec.  61.247(a), except that the initial report required in 
Sec.  61.247(a) shall be submitted as a part of the Notification of 
Compliance Status Report required in paragraph (d) of this section. The 
owner or operator shall also submit the information specified in 
paragraphs (d)(3) (i) and (ii) of this section.
    (i) The number of each equipment (e.g., valves, pumps, etc.) 
excluding equipment in vacuum service, and
    (ii) Any change in the information submitted in this paragraph shall 
be provided to the Administrator as a part of subsequent Periodic 
Reports described in paragraph (e)(2)(iv) of this section.
    (4) The owner or operator shall submit one complete test report for 
each test method used for a particular source.
    (i) For additional tests performed using the same test method, the 
results specified in paragraph (d)(1)(ii) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (5) For each control device other than a flare used to meet the 
requirements of Sec.  63.764, the owner or operator shall submit the 
information specified in paragraphs (d)(5) (i) through (iii) of this 
section for each operating parameter required to be monitored in 
accordance with the requirements of Sec.  63.773(d).
    (i) The minimum operating parameter value or maximum operating 
parameter value, as appropriate for the control device, established by 
the owner or operator to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec.  63.771(d)(1) or (e)(3)(ii).
    (ii) An explanation of the rationale for why the owner or operator 
selected each of the operating parameter values established in Sec.  
63.773(d)(5). This explanation shall include any data and calculations 
used to develop the value and a description of why the chosen value 
indicates that the control device is operating in accordance with the 
applicable requirements of Sec.  63.771(d)(1), (e)(3)(ii) or (f)(1).
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.

[[Page 354]]

    (iv) For each carbon adsorber, the predetermined carbon replacement 
schedule as required in Sec.  63.771(d)(5)(i).
    (6) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
Report.
    (7) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this subpart. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this subpart, the owner or operator of such source shall 
submit the notification of compliance status to the appropriate 
permitting authority following completion of the relevant compliance 
demonstration activity specified in this subpart.
    (8) The owner or operator that elects to comply with the 
requirements of Sec.  63.765(b)(1)(ii) shall submit the records required 
under Sec.  63.774(c).
    (9) The owner or operator shall submit the analysis performed under 
Sec.  63.760(a)(1).
    (10) The owner or operator shall submit a statement as to whether 
the source has complied with the requirements of this subpart.
    (11) The owner or operator shall submit the analysis prepared under 
Sec.  63.771(e)(2) to demonstrate the conditions by which the facility 
will be operated to achieve the HAP emission reduction of 95.0 percent, 
or the BTEX limit in Sec.  63.765(b)(1)(iii), through process 
modifications or a combination of process modifications and one or more 
control devices.
    (12) If a cover is installed to comply with Sec.  63.764, the 
results of the initial inspection performed according to the 
requirements specified in Sec.  63.773(c)(2)(iii).
    (13) If the owner or operator installs a combustion control device 
model tested under the procedures in Sec.  63.772(h), the data listed 
under Sec.  63.772(h)(8).
    (14) For each combustion control device model tested under Sec.  
63.772(h), the information listed in paragraphs (d)(14)(i) through (vi) 
of this section.
    (i) Name, address and telephone number of the control device 
manufacturer.
    (ii) Control device model number.
    (iii) Control device serial number.
    (iv) Date the model of control device was tested by the 
manufacturer.
    (v) Manufacturer's HAP destruction efficiency rating.
    (vi) Control device operating parameters, maximum allowable inlet 
gas flowrate.
    (e) Periodic Reports. An owner or operator of a major source shall 
prepare Periodic Reports in accordance with paragraphs (e) (1) and (2) 
of this section and submit them to the Administrator. An owner or 
operator of an area source shall prepare Periodic Reports in accordance 
with paragraph (e)(3) of this section and submit them to the 
Administrator.
    (1) An owner or operator shall submit Periodic Reports semiannually 
beginning 60 calendar days after the end of the applicable reporting 
period. The first report shall be submitted no later than 240 days after 
the date the Notification of Compliance Status Report is due and shall 
cover the 6-month period beginning on the date the Notification of 
Compliance Status Report is due.
    (2) The owner or operator shall include the information specified in 
paragraphs (e)(2)(i) through (ix) of this section, as applicable.
    (i) The information required under Sec.  63.10(e)(3). For the 
purposes of this subpart and the information required under Sec.  
63.10(e)(3), excursions (as defined in Sec.  63.773(d)(6)) shall be 
considered excess emissions.
    (ii) A description of all excursions as defined in Sec.  
63.773(d)(6) of this subpart that have occurred during the 6-month 
reporting period.
    (A) For each excursion caused when the daily average value of a 
monitored operating parameter is less than the minimum operating 
parameter limit (or, if applicable, greater than the maximum operating 
parameter limit), as specified in Sec.  63.773(d)(6)(i), the report must 
include the daily average values of the monitored parameter, the 
applicable operating parameter limit, and the date and duration of the 
period that the excursion occurred.

[[Page 355]]

    (B) For each excursion caused when the 365-day average condenser 
control efficiency is less than the value specified in Sec.  
63.773(d)(6)(ii), the report must include the 365-day average values of 
the condenser control efficiency, and the date and duration of the 
period that the excursion occurred.
    (C) For each excursion caused when condenser control efficiency is 
less than the value specified in Sec.  63.773(d)(6)(iii), the report 
must include the average values of the condenser control efficiency, and 
the date and duration of the period that the excursion occurred.
    (D) For each excursion caused by the lack of monitoring data, as 
specified in Sec.  63.773(d)(6)(iv), the report must include the date 
and duration of the period when the monitoring data were not collected 
and the reason why the data were not collected.
    (E) For each excursion caused when the maximum inlet gas flowrate 
identified under Sec.  63.772(h) is exceeded, the report must include 
the values of the inlet gas identified and the date and duration of the 
period that the excursion occurred.
    (F) For each excursion caused when visible emissions determined 
under Sec.  63.772(i) exceed the maximum allowable duration, the report 
must include the date and duration of the period that the excursion 
occurred, repairs affected to the unit, and date the unit was returned 
to service.
    (iii) For each inspection conducted in accordance with Sec.  
63.773(c) during which a leak or defect is detected, the records 
specified in Sec.  63.774(b)(7) must be included in the next Periodic 
Report.
    (iv) For each owner or operator subject to the provisions specified 
in Sec.  63.769, the owner or operator shall comply with the reporting 
requirements specified in 40 CFR 61.247, except that the Periodic 
Reports shall be submitted on the schedule specified in paragraph (e)(1) 
of this section.
    (v) For each closed-vent system with a bypass line subject to Sec.  
63.771(c)(3)(i)(A), records required under Sec.  63.774(b)(4)(iii) of 
all periods when the vent stream is diverted from the control device 
through a bypass line. For each closed-vent system with a bypass line 
subject to Sec.  63.771(c)(3)(i)(B), records required under Sec.  
63.774(b)(4)(iv) of all periods in which the seal mechanism is broken, 
the bypass valve position has changed, or the key to unlock the bypass 
line valve was checked out.
    (vi) If an owner or operator elects to comply with Sec.  
63.765(b)(1)(ii), the records required under Sec.  63.774(c)(3).
    (vii) The information in paragraphs (e)(2)(vii) (A) and (B) of this 
section shall be stated in the Periodic Report, when applicable.
    (A) No excursions.
    (B) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (viii) Any change in compliance methods as specified in Sec.  
63.772(f).
    (ix) If the owner or operator elects to comply with Sec.  
63.765(c)(2), the records required under Sec.  63.774(b)(11).
    (x) For flares, the records specified in Sec.  63.774(e)(3).
    (xi) The results of any periodic test as required in Sec.  
63.772(e)(3) conducted during the reporting period.
    (xii) For each carbon adsorber used to meet the control device 
requirements of Sec.  63.771(d)(1), records of each carbon replacement 
that occurred during the reporting period.
    (xiii) For combustion control device inspections conducted in 
accordance with Sec.  63.773(b) the records specified in Sec.  
63.774(i).
    (xiv) Certification by a responsible official of truth, accuracy, 
and completeness. This certification shall state that, based on 
information and belief formed after reasonable inquiry, the statements 
and information in the document are true, accurate, and complete.
    (3) An owner or operator of an area source located inside a UA plus 
offset and UC boundary shall prepare and submit Periodic Reports in 
accordance with paragraphs (e)(3)(i) through (iii) of this section.
    (i) Periodic reports must be submitted on an annual basis. The first 
reporting period shall cover the period beginning on the date the 
Notification of Compliance Status Report is due and ending on December 
31. The report shall be submitted within 30 days after the end of the 
reporting period.

[[Page 356]]

    (ii) Subsequent reporting periods begin every January 1 and end on 
December 31. Subsequent reports shall be submitted within 30 days 
following the end of the reporting period.
    (iii) The periodic reports must contain the information included in 
paragraph (e)(2) of this section.
    (f) Notification of process change. Whenever a process change is 
made, or a change in any of the information submitted in the 
Notification of Compliance Status Report, the owner or operator shall 
submit a report within 180 days after the process change is made or as a 
part of the next Periodic Report as required under paragraph (e) of this 
section, whichever is sooner. The report shall include:
    (1) A brief description of the process change;
    (2) A description of any modification to standard procedures or 
quality assurance procedures;
    (3) Revisions to any of the information reported in the original 
Notification of Compliance Status Report under paragraph (d) of this 
section; and
    (4) Information required by the Notification of Compliance Status 
Report under paragraph (d) of this section for changes involving the 
addition of processes or equipment.
    (g) Electronic reporting. (1) Within 60 days after the date of 
completing each performance test (defined in Sec.  63.2) as required by 
this subpart you must submit the results of the performance tests 
required by this subpart to EPA's WebFIRE database by using the 
Compliance and Emissions Data Reporting Interface (CEDRI) that is 
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of EPA's Electronic Reporting Tool (ERT) (see http://
www.epa.gov/ttn/chief/ert/index.html). Only data collected using test 
methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance tests 
is confidential business information (CBI) must submit a complete ERT 
file including information claimed to be CBI on a compact disk or other 
commonly used electronic storage media (including, but not limited to, 
flash drives) to EPA. The electronic media must be clearly marked as CBI 
and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT file with the CBI omitted must be submitted to EPA via CDX as 
described earlier in this paragraph. At the discretion of the delegated 
authority, you must also submit these reports, including the 
confidential business information, to the delegated authority in the 
format specified by the delegated authority.
    (2) All reports required by this subpart not subject to the 
requirements in paragraph (g)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. The 
Administrator or the delegated authority may request a report in any 
form suitable for the specific case (e.g., by commonly used electronic 
media such as Excel spreadsheet, on CD or hard copy). The Administrator 
retains the right to require submittal of reports subject to paragraph 
(g)(1) of this section in paper format.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 
72 FR 39, Jan. 3, 2007; 77 FR 49580, Aug. 16, 2012; 85 FR 73894, Nov. 
19, 2020]



Sec.  63.776  Implementation and enforcement.

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

[[Page 357]]

transferred to the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.760, 63.764 through 63.766, 63.769, 63.771, and 63.777.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.



Sec.  63.777  Alternative means of emission limitation.

    (a) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in HAP emissions at 
least equivalent to the reduction in HAP emissions from that source 
achieved under the applicable requirements in Sec. Sec.  63.764 through 
63.771, the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative means for purposes of compliance 
with that requirement. The notice may condition the permission on 
requirements related to the operation and maintenance of the alternative 
means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information demonstrating that the alternative achieves 
equivalent emission reductions.



Sec. Sec.  63.778-63.779  [Reserved]



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

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


    Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63
                    General Provisions to Subpart HH
------------------------------------------------------------------------
                                  Applicable to
General provisions reference       subpart HH            Explanation
------------------------------------------------------------------------
Sec.   63.1(a)(1)...........  Yes.
Sec.   63.1(a)(2)...........  Yes.
Sec.   63.1(a)(3)...........  Yes.
Sec.   63.1(a)(4)...........  Yes.
Sec.   63.1(a)(5)...........  No..................  Section reserved.
Sec.   63.1(a)(6)...........  Yes.
Sec.   63.1(a)(7) through     No..................  Section reserved.
 (a)(9).
Sec.   63.1(a)(10)..........  Yes.
Sec.   63.1(a)(11)..........  Yes.
Sec.   63.1(a)(12)..........  Yes.
Sec.   63.1(b)(1)...........  No..................  Subpart HH specifies
                                                     applicability.
Sec.   63.1(b)(2)...........  No..................  Section reserved.
Sec.   63.1(b)(3)...........  Yes.
Sec.   63.1(c)(1)...........  No..................  Subpart HH specifies
                                                     applicability.
Sec.   63.1(c)(2)...........  Yes.................  Subpart HH exempts
                                                     area sources from
                                                     the requirement to
                                                     obtain a Title V
                                                     permit unless
                                                     otherwise required
                                                     by law as specified
                                                     in Sec.
                                                     63.760(h).
Sec.   63.1(c)(3) and (c)(4)  No..................  Section reserved.
Sec.   63.1(c)(5)...........  Yes.
Sec.   63.1(c)(6)...........  Yes.................
Sec.   63.1(d)..............  No..................  Section reserved.

[[Page 358]]

 
Sec.   63.1(e)..............  Yes.
Sec.   63.2.................  Yes.................  Except definition of
                                                     major source is
                                                     unique for this
                                                     source category and
                                                     there are
                                                     additional
                                                     definitions in
                                                     subpart HH.
Sec.   63.3(a) through (c)..  Yes.
Sec.   63.4(a)(1) through     Yes.
 (a)(2).
Sec.   63.4(a)(3) through     No..................  Section reserved.
 (a)(5).
Sec.   63.4(b)..............  Yes.
Sec.   63.4(c)..............  Yes.
Sec.   63.5(a)(1)...........  Yes.
Sec.   63.5(a)(2)...........  Yes.
Sec.   63.5(b)(1)...........  Yes.
Sec.   63.5(b)(2)...........  No..................  Section reserved.
Sec.   63.5(b)(3)...........  Yes.
Sec.   63.5(b)(4)...........  Yes.
Sec.   63.5(b)(5)...........  No..................  Section Reserved.
Sec.   63.5(b)(6)...........  Yes.
Sec.   63.5(c)..............  No..................  Section reserved.
Sec.   63.5(d)(1)...........  Yes.
Sec.   63.5(d)(2)...........  Yes.
Sec.   63.5(d)(3)...........  Yes.
Sec.   63.5(d)(4)...........  Yes.
Sec.   63.5(e)..............  Yes.
Sec.   63.5(f)(1)...........  Yes.
Sec.   63.5(f)(2)...........  Yes.
Sec.   63.6(a)..............  Yes.
Sec.   63.6(b)(1)...........  Yes.
Sec.   63.6(b)(2)...........  Yes.
Sec.   63.6(b)(3)...........  Yes.
Sec.   63.6(b)(4)...........  Yes.
Sec.   63.6(b)(5)...........  Yes.
Sec.   63.6(b)(6)...........  No..................  Section reserved.
Sec.   63.6(b)(7)...........  Yes.
Sec.   63.6(c)(1)...........  Yes.
Sec.   63.6(c)(2)...........  Yes.
Sec.   63.6(c)(3) through     No..................  Section reserved.
 (c)(4).
Sec.   63.6(c)(5)...........  Yes.
Sec.   63.6(d)..............  No..................  Section reserved.
Sec.   63.6(e)(1)(i)........  No..................  See Sec.   63.764(j)
                                                     for general duty
                                                     requirement.
Sec.   63.6(e)(1)(ii).......  No.
Sec.   63.6(e)(1)(iii)......  Yes.
Sec.   63.6(e)(2)...........  No..................  Section reserved.
Sec.   63.6(e)(3)...........  No.
Sec.   63.6(f)(1)...........  No.
Sec.   63.6(f)(2)...........  Yes.
Sec.   63.6(f)(3)...........  Yes.
Sec.   63.6(g)..............  Yes.
Sec.   63.6(h)(1)...........  No.
Sec.   63.6(h)(2) through     Yes.
 (h)(9).
Sec.   63.6(i)(1) through     Yes.
 (i)(14).
Sec.   63.6(i)(15)..........  No..................  Section reserved.
Sec.   63.6(i)(16)..........  Yes.
Sec.   63.6(j)..............  Yes.
Sec.   63.7(a)(1)...........  Yes.
Sec.   63.7(a)(2)...........  Yes.................  But the performance
                                                     test results must
                                                     be submitted within
                                                     180 days after the
                                                     compliance date.
Sec.   63.7(a)(3)...........  Yes.
Sec.   63.7(a)(4)...........  Yes.
Sec.   63.7(c)..............  Yes.
Sec.   63.7(d)..............  Yes.
Sec.   63.7(e)(1)...........  No.
Sec.   63.7(e)(2)...........  Yes.
Sec.   63.7(e)(3)...........  Yes.
Sec.   63.7(e)(4)...........  Yes.
Sec.   63.7(f)..............  Yes.
Sec.   63.7(g)..............  Yes.
Sec.   63.7(h)..............  Yes.
Sec.   63.8(a)(1)...........  Yes.
Sec.   63.8(a)(2)...........  Yes.
Sec.   63.8(a)(3)...........  No..................  Section reserved.
Sec.   63.8(a)(4)...........  Yes.

[[Page 359]]

 
Sec.   63.8(b)(1)...........  Yes.
Sec.   63.8(b)(2)...........  Yes.
Sec.   63.8(b)(3)...........  Yes.
Sec.   63.8(c)(1)...........  No.
Sec.   63.8(c)(1)(i)........  No.
Sec.   63.8(c)(1)(ii).......  Yes.
Sec.   63.8(c)(1)(iii)......  No.
Sec.   63.8(c)(2)...........  Yes.
Sec.   63.8(c)(3)...........  Yes.
Sec.   63.8(c)(4)...........  Yes.
Sec.   63.8(c)(4)(i)........  No..................  Subpart HH does not
                                                     require continuous
                                                     opacity monitors.
Sec.   63.8(c)(4)(ii).......  Yes.
Sec.   63.8(c)(5) through     Yes.
 (c)(8).
Sec.   63.8(d)(1)...........  Yes.
Sec.   63.8(d)(2)...........  Yes.
Sec.   63.8(d)(3)...........  Yes.................  Except for last
                                                     sentence, which
                                                     refers to an SSM
                                                     plan. SSM plans are
                                                     not required.
Sec.   63.8(e)..............  Yes.................  Subpart HH does not
                                                     specifically
                                                     require continuous
                                                     emissions monitor
                                                     performance
                                                     evaluation,
                                                     however, the
                                                     Administrator can
                                                     request that one be
                                                     conducted.
Sec.   63.8(f)(1) through     Yes.
 (f)(5).
Sec.   63.8(f)(6)...........  Yes.
Sec.   63.8(g)..............  No..................  Subpart HH specifies
                                                     continuous
                                                     monitoring system
                                                     data reduction
                                                     requirements.
Sec.   63.9(a)..............  Yes.
Sec.   63.9(b)(1)...........  Yes.
Sec.   63.9(b)(2)...........  Yes.................  Existing sources are
                                                     given 1 year
                                                     (rather than 120
                                                     days) to submit
                                                     this notification.
                                                     Major and area
                                                     sources that meet
                                                     Sec.   63.764(e) do
                                                     not have to submit
                                                     initial
                                                     notifications.
Sec.   63.9(b)(3)...........  No..................  Section reserved.
Sec.   63.9(b)(4)...........  Yes.
Sec.   63.9(b)(5)...........  Yes.
Sec.   63.9(c)..............  Yes.
Sec.   63.9(d)..............  Yes.
Sec.   63.9(e)..............  Yes.
Sec.   63.9(f)..............  Yes.
Sec.   63.9(g)..............  Yes.
Sec.   63.9(h)(1) through     Yes.................  Area sources located
 (h)(3).                                             outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     notifications of
                                                     compliance status.
Sec.   63.9(h)(4)...........  No..................  Section reserved.
Sec.   63.9(h)(5) through     Yes.
 (h)(6).
Sec.   63.9(i)..............  Yes.
Sec.   63.9(j)..............  Yes.
Sec.   63.9(k)..............  Yes.................  Only as specified in
                                                     Sec.   63.9(j).
Sec.   63.10(a).............  Yes.
Sec.   63.10(b)(1)..........  Yes.................  Sec.   63.774(b)(1)
                                                     requires sources to
                                                     maintain the most
                                                     recent 12 months of
                                                     data on-site and
                                                     allows offsite
                                                     storage for the
                                                     remaining 4 years
                                                     of data.
Sec.   63.10(b)(2)..........  Yes.
Sec.   63.10(b)(2)(i).......  No.
Sec.   63.10(b)(2)(ii)......  No..................  See Sec.   63.774(g)
                                                     for recordkeeping
                                                     of (1) occurrence
                                                     and duration and
                                                     (2) actions taken
                                                     during
                                                     malfunctions.
Sec.   63.10(b)(2)(iii).....  Yes.
Sec.   63.10(b)(2)(iv)        No.
 through (b)(2)(v).
Sec.   63.10(b)(2)(vi)        Yes.
 through (b)(2)(xiv).
Sec.   63.10(b)(3)..........  Yes.................  Sec.   63.774(b)(1)
                                                     requires sources to
                                                     maintain the most
                                                     recent 12 months of
                                                     data on-site and
                                                     allows offsite
                                                     storage for the
                                                     remaining 4 years
                                                     of data.
Sec.   63.10(c)(1)..........  Yes.
Sec.   63.10(c)(2) through    No..................  Sections reserved.
 (c)(4).
Sec.   63.10(c)(5) through    Yes.
 (c)(8).
Sec.   63.10(c)(9)..........  No..................  Section reserved.
Sec.   63.10(c)(10) through   No..................  See Sec.   63.774(g)
 (11).                                               for recordkeeping
                                                     of malfunctions.
Sec.   63.10(c)(12) through   Yes.
 (14).
Sec.   63.10(c)(15).........  No.
Sec.   63.10(d)(1)..........  Yes.
Sec.   63.10(d)(2)..........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries do not
                                                     have to submit
                                                     performance test
                                                     reports.
Sec.   63.10(d)(3)..........  Yes.

[[Page 360]]

 
Sec.   63.10(d)(4)..........  Yes.
Sec.   63.10(d)(5)..........  No..................  See Sec.
                                                     63.775(b)(6) or
                                                     (c)(6) for
                                                     reporting of
                                                     malfunctions.
Sec.   63.10(e)(1)..........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec.   63.10(e)(2)..........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec.   63.10(e)(3)(i).......  Yes.................  Subpart HH requires
                                                     major sources to
                                                     submit Periodic
                                                     Reports semi-
                                                     annually. Area
                                                     sources are
                                                     required to submit
                                                     Periodic Reports
                                                     annually. Area
                                                     sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec.   63.10(e)(3)(i)(A)....  Yes.
Sec.   63.10(e)(3)(i)(B)....  Yes.
Sec.   63.10(e)(3)(i)(C)....  No.
Sec.   63.10(e)(3)(i)(D)....  Yes.................  Section reserved.
Sec.   63.10(e)(3)(ii)        Yes.
 through (viii).
Sec.   63.10(e)(4)..........  Yes.
Sec.   63.10(f).............  Yes.
Sec.   63.11(a) and (b).....  Yes.
Sec.   63.11(c), (d), and     Yes.
 (e).
Sec.   63.12(a) through (c).  Yes.
Sec.   63.13(a) through (c).  Yes.
Sec.   63.14(a) through (q).  Yes.
Sec.   63.15(a) and (b).....  Yes.
Sec.   63.16................  Yes.                  ....................
------------------------------------------------------------------------


[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 
71 FR 20457, Apr. 20, 2006; 72 FR 40, Jan. 3, 2007; 73 FR 78214, Dec. 
22, 2008; 77 FR 49581, Aug. 16, 2012; 85 FR 73894, Nov. 19, 2020]



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

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



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

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



Sec.  63.781  Applicability.

    (a) The provisions of this subpart apply to shipbuilding and ship 
repair operations at any facility that is a major source.
    (b) The provisions of this subpart do not apply to coatings used in 
volumes of less than 200 liters (52.8 gallons) per year, provided the 
total volume of coating exempt under this paragraph does not exceed 
1,000 liters per year (264 gallons per year) at any facility. Coatings 
exempt under this paragraph shall be clearly labeled as ``low-usage 
exempt,'' and the volume of each such coating applied shall be 
maintained in the facility's records.
    (c) The provisions of this subpart do not apply to coatings applied 
with hand-held, nonrefillable, aerosol containers or to unsaturated 
polyester resin (i.e., fiberglass lay-up) coatings. Coatings applied to 
suitably prepared fiberglass surfaces for protective or decorative 
purposes are subject to this subpart.
    (d) If you are authorized in accordance with 40 CFR 63.783(c) to use 
an add-on control system as an alternative means of limiting emissions 
from coating operations, in response to an action to enforce the 
standards set forth in this subpart, you may assert an affirmative 
defense to a claim for civil penalties for exceedances of such standards 
that are caused by a malfunction, as defined in 40 CFR 63.2. Appropriate 
penalties may be assessed, however, if you fail to meet your burden of 
proving all the requirements in

[[Page 361]]

the affirmative defense. The affirmative defense shall not be available 
in response to claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (d)(2) of this section, and must prove by a preponderance of 
evidence that:
    (i) The excess emissions:
    (A) Were caused by a sudden, infrequent and unavoidable failure of 
air pollution control and monitoring equipment, process equipment or a 
process to operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (iii) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (2) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than 2 business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standard in this subpart to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (d)(1) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45 day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedance.

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



Sec.  63.782  Definitions.

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in subpart A of part 63, or in this section as follows:
    Add-on control system means an air pollution control device such as 
a carbon absorber or incinerator that reduces pollution in an air stream 
by destruction or removal prior to discharge to the atmosphere.
    Affected source means any shipbuilding or ship repair facility 
having

[[Page 362]]

surface coating operations with a minimum 1,000 liters (L) (264 gallons 
[gal]) annual marine coating usage that is subject to this subpart.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Air flask specialty coating means any special composition coating 
applied to interior surfaces of high pressure breathing air flasks to 
provide corrosion resistance and that is certified safe for use with 
breathing air supplies.
    Antenna specialty coating means any coating applied to equipment 
through which electromagnetic signals must pass for reception or 
transmission.
    Antifoulant specialty coating means any coating that is applied to 
the underwater portion of a vessel to prevent or reduce the attachment 
of biological organisms and that is registered with the EPA as a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
    As applied means the condition of a coating at the time of 
application to the substrate, including any thinning solvent.
    As supplied means the condition of a coating before any thinning, as 
sold and delivered by the coating manufacturer to the user.
    Batch means the product of an individual production run of a coating 
manufacturer's process. A batch may vary in composition from other 
batches of the same product.
    Bitumens mean black or brown materials that are soluble in carbon 
disulfide and consist mainly of hydrocarbons.
    Bituminous resin coating means any coating that incorporates 
bitumens as a principal component and is formulated primarily to be 
applied to a substrate or surface to resist ultraviolet radiation and/or 
water.
    Certify means, in reference to the volatile organic compounds (VOC) 
content or volatile organic hazardous air pollutants (VOHAP) content of 
a coating, to attest to the VOC content as determined through analysis 
by Method 24 of appendix A to 40 CFR part 60 or through use of forms and 
procedures outlined in appendix A of this subpart, or to attest to the 
VOHAP content as determined through an Administrator-approved test 
method. In the case of conflicting results, Method 24 of appendix A to 
40 CFR part 60 shall take precedence over the forms and procedures 
outlined in appendix A to this subpart for the options in which VOC is 
used as a surrogate for VOHAP.
    Coating means any material that can be applied as a thin layer to a 
substrate and which cures to form a continuous solid film.
    Cold-weather time period means any time during which the ambient 
temperature is below 4.5 [deg]C (40 [deg]F) and coating is to be 
applied.
    Container of coating means the container from which the coating is 
applied, including but not limited to a bucket or pot.
    Cure volatiles means reaction products which are emitted during the 
chemical reaction which takes place in some coating films at the cure 
temperature. These emissions are other than those from the solvents in 
the coating and may, in some cases, comprise a significant portion of 
total VOC and/or VOHAP emissions.
    Epoxy means any thermoset coating formed by reaction of an epoxy 
resin (i.e., a resin containing a reactive epoxide with a curing agent).
    Exempt compounds means specified organic compounds that are not 
considered VOC due to negligible photochemical reactivity. Exempt 
compounds are specified in 40 CFR 51.100(s).
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    General use coating means any coating that is not a specialty 
coating.
    Hazardous air pollutants (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the CAA.
    Heat resistant specialty coating means any coating that during 
normal use must withstand a temperature of at least 204 [deg]C (400 
[deg]F).
    High-gloss specialty coating means any coating that achieves at 
least 85 percent reflectance on a 60 degree meter

[[Page 363]]

when tested by ASTM D523-89 (incorporation by reference--see Sec.  
63.14).
    High-temperature specialty coating means any coating that during 
normal use must withstand a temperature of at least 426 [deg]C (800 
[deg]F).
    Inorganic zinc (high-build) specialty coating means a coating that 
contains 960 grams per liter (8 pounds per gallon) or more elemental 
zinc incorporated into an inorganic silicate binder that is applied to 
steel to provide galvanic corrosion resistance. (These coatings are 
typically applied at more than 2 mil dry film thickness.)
    Major source means any source that emits or has the potential to 
emit, in the aggregate, 9.1 megagrams per year (10 tons per year) or 
more of any HAP or 22.7 megagrams per year (25 tons per year) or more of 
any combination of HAP.
    Maximum allowable thinning ratio means the maximum volume of thinner 
that can be added per volume of coating without violating the standards 
of Sec.  63.783(a), as determined using Equation 1 of this subpart.
    Military exterior specialty coating or Chemical Agent Resistant 
Coatings (``CARC'') means any exterior topcoat applied to military or 
U.S. Coast Guard vessels that are subject to specific chemical, 
biological, and radiological washdown requirements.
    Mist specialty coating means any low viscosity, thin film, epoxy 
coating applied to an inorganic zinc primer that penetrates the porous 
zinc primer and allows the occluded air to escape through the paint film 
prior to curing.
    Navigational aids specialty coating means any coating applied to 
Coast Guard buoys or other Coast Guard waterway markers when they are 
recoated aboard ship at their usage site and immediately returned to the 
water.
    Nonskid specialty coating means any coating applied to the 
horizontal surfaces of a marine vessel for the specific purpose of 
providing slip resistance for personnel, vehicles, or aircraft.
    Nonvolatiles (or volume solids) means substances that do not 
evaporate readily. This term refers to the film-forming material of a 
coating.
    Normally closed means a container or piping system is closed unless 
an operator is actively engaged in adding or removing material.
    Nuclear specialty coating means any protective coating used to seal 
porous surfaces such as steel (or concrete) that otherwise would be 
subject to intrusion by radioactive materials. These coatings must be 
resistant to long-term (service life) cumulative radiation exposure 
(ASTM D4082-89 [incorporation by reference--see Sec.  63.14]), 
relatively easy to decontaminate (ASTM D4256-89 or 94 [reapproved 1994] 
[incorporation by reference--see Sec.  63.14]), and resistant to various 
chemicals to which the coatings are likely to be exposed (ASTM D3912-80 
[incorporation by reference--see Sec.  63.14]). [For nuclear coatings, 
see the general protective requirements outlined by the U.S. Nuclear 
Regulatory Commission in a report entitled ``U.S. Atomic Energy 
Commission Regulatory Guide 1.54'' dated June 1973, available through 
the Government Printing Office at (202) 512-2249 as document number 
A74062-00001.]
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Organic zinc specialty coating means any coating derived from zinc 
dust incorporated into an organic binder that contains more than 960 
grams of elemental zinc per liter (8 pounds per gallon) of coating, as 
applied, and that is used for the expressed purpose of corrosion 
protection.
    Pleasure craft means any marine or fresh-water vessel used by 
individuals for noncommercial, nonmilitary, and recreational purposes 
that is less than 20 meters in length. A vessel rented exclusively to or 
chartered by individuals for such purposes shall be considered a 
pleasure craft.
    Pretreatment wash primer specialty coating means any coating that 
contains a minimum of 0.5 percent acid, by mass, and is applied only to 
bare metal to etch the surface and enhance adhesion of subsequent 
coatings.

[[Page 364]]

    Repair and maintenance of thermoplastic coating of commercial 
vessels (specialty coating) means any vinyl, chlorinated rubber, or 
bituminous resin coating that is applied over the same type of existing 
coating to perform the partial recoating of any in-use commercial 
vessel. (This definition does not include coal tar epoxy coatings, which 
are considered ``general use'' coatings.)
    Rubber camouflage specialty coating means any specially formulated 
epoxy coating used as a camouflage topcoat for exterior submarine hulls 
and sonar domes.
    Sealant for thermal spray aluminum means any epoxy coating applied 
to thermal spray aluminum surfaces at a maximum thickness of 1 dry mil.
    Ship means any marine or fresh-water vessel used for military or 
commercial operations, including self-propelled vessels, those propelled 
by other craft (barges), and navigational aids (buoys). This definition 
includes, but is not limited to, all military and Coast Guard vessels, 
commercial cargo and passenger (cruise) ships, ferries, barges, tankers, 
container ships, patrol and pilot boats, and dredges. For purposes of 
this subpart, pleasure crafts and offshore oil and gas drilling 
platforms are not considered ships.
    Shipbuilding and ship repair operations means any building, repair, 
repainting, converting, or alteration of ships.
    Special marking specialty coating means any coating that is used for 
safety or identification applications, such as markings on flight decks 
and ships' numbers.
    Specialty coating means any coating that is manufactured and used 
for one of the specialized applications described within this list of 
definitions.
    Specialty interior coating means any coating used on interior 
surfaces aboard U.S. military vessels pursuant to a coating 
specification that requires the coating to meet specified fire retardant 
and low toxicity requirements, in addition to the other applicable 
military physical and performance requirements.
    Tack specialty coating means any thin film epoxy coating applied at 
a maximum thickness of 2 dry mils to prepare an epoxy coating that has 
dried beyond the time limit specified by the manufacturer for the 
application of the next coat.
    Thinner means a liquid that is used to reduce the viscosity of a 
coating and that evaporates before or during the cure of a film.
    Thinning ratio means the volumetric ratio of thinner to coating, as 
supplied.
    Thinning solvent: see Thinner.
    Undersea weapons systems specialty coating means any coating applied 
to any component of a weapons system intended to be launched or fired 
from under the sea.
    Volatile organic compounds (VOC) is as defined in Sec.  51.100(s) of 
this chapter.
    Volatile organic hazardous air pollutants (VOHAP) means any compound 
listed in or pursuant to section 112(b) of the CAA that contains carbon, 
excluding metallic carbides and carbonates. This definition includes VOC 
listed as HAP and exempt compounds listed as HAP.
    Weld-through preconstruction primer (specialty coating) means a 
coating that provides corrosion protection for steel during inventory, 
is typically applied at less than 1 mil dry film thickness, does not 
require removal prior to welding, is temperature resistant (burn back 
from a weld is less than 1.25 centimeters [0.5 inch]), and does not 
normally require removal before applying film-building coatings, 
including inorganic zinc high-build coatings. When constructing new 
vessels, there may be a need to remove areas of weld-through 
preconstruction primer due to surface damage or contamination prior to 
application of film-building coatings.

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



Sec.  63.783  Standards.

    (a) No owner or operator of any existing or new affected source 
shall cause or allow the application of any coating to a ship with an 
as-applied VOHAP content exceeding the applicable limit given in Table 2 
of this subpart, as determined by the procedures described in Sec.  
63.785 (c)(1) through (c)(4). For the compliance procedures described in 
Sec.  63.785 (c)(1) through (c)(3), VOC shall be used as a surrogate for 
VOHAP, and Method 24 of appendix A to 40 CFR part

[[Page 365]]

60 shall be used as the definitive measure for determining compliance. 
For the compliance procedure described in Sec.  63.785(c)(4), an 
alternative test method capable of measuring independent VOHAP shall be 
used to determine compliance. The method must be submitted to and 
approved by the Administrator.
    (b) Each owner or operator of a new or existing affected source 
shall ensure that:
    (1) At all times the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. Determination 
of whether such operation and maintenance procedures are being used will 
be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance records, 
and inspection of the source.
    (2) All handling and transfer of VOHAP-containing materials to and 
from containers, tanks, vats, drums, and piping systems is conducted in 
a manner that minimizes spills.
    (3) All containers, tanks, vats, drums, and piping systems are free 
of cracks, holes, and other defects and remain closed unless materials 
are being added to or removed from them.
    (c) Approval of alternative means of limiting emissions. (1) The 
owner or operator of an affected source may apply to the Administrator 
for permission to use an alternative means (such as an add-on control 
system) of limiting emissions from coating operations. The application 
must include:
    (i) An engineering material balance evaluation that provides a 
comparison of the emissions that would be achieved using the alternative 
means to those that would result from using coatings that comply with 
the limits in Table 2 of this subpart, or the results from an emission 
test that accurately measures the capture efficiency and control device 
efficiency achieved by the control system and the composition of the 
associated coatings so that the emissions comparison can be made;
    (ii) A proposed monitoring protocol that includes operating 
parameter values to be monitored for compliance and an explanation of 
how the operating parameter values will be established through a 
performance test; and
    (iii) Details of appropriate recordkeeping and reporting procedures.
    (2) The Administrator shall approve the alternative means of 
limiting emissions if, in the Administrator's judgment, postcontrol 
emissions of VOHAP per volume applied solids will be no greater than 
those from the use of coatings that comply with the limits in Table 2 of 
this subpart.
    (3) The Administrator may condition approval on operation, 
maintenance, and monitoring requirements to ensure that emissions from 
the source are no greater than those that would otherwise result from 
this subpart.

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



Sec.  63.784  Compliance dates.

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

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



Sec.  63.785  Compliance procedures.

    (a) For each batch of coating that is received by an affected 
source, the owner or operator shall (see Figure 1 of this section for a 
flow diagram of the compliance procedures):
    (1) Determine the coating category and the applicable VOHAP limit as 
specified in Sec.  63.783(a).
    (2) Certify the as-supplied VOC content of the batch of coating. The 
owner

[[Page 366]]

or operator may use a certification supplied by the manufacturer for the 
batch, although the owner or operator retains liability should 
subsequent testing reveal a violation. If the owner or operator performs 
the certification testing, only one of the containers in which the batch 
of coating was received is required to be tested.
    (b)(1) In lieu of testing each batch of coating, as applied, the 
owner or operator may determine compliance with the VOHAP limits using 
any combination of the procedures described in paragraphs (c)(1), 
(c)(2), (c)(3), and (c)(4) of this section. The procedure used for each 
coating shall be determined and documented prior to application.
    (2) The results of any compliance demonstration conducted by the 
affected source or any regulatory agency using Method 24 shall take 
precedence over the results using the procedures in paragraphs (c)(1), 
(c)(2), or (c)(3) of this section.
    (3) The results of any compliance demonstration conducted by the 
affected source or any regulatory agency using an approved test method 
to determine VOHAP content shall take precedence over the results using 
the procedures in paragraph (c)(4) of this section.
    (c)(1) Coatings to which thinning solvent will not be added. For 
coatings to which thinning solvent (or any other material) will not be 
added under any circumstance or to which only water is added, the owner 
or operator of an affected source shall comply as follows:
    (i) Certify the as-applied VOC content of each batch of coating.
    (ii) Notify the persons responsible for applying the coating that no 
thinning solvent may be added to the coating by affixing a label to each 
container of coating in the batch or through another means described in 
the implementation plan required in Sec.  63.787(b).
    (iii) If the certified as-applied VOC content of each batch of 
coating used during a calendar month is less than or equal to the 
applicable VOHAP limit in Sec.  63.783(a) (either in terms of g/L of 
coating or g/L of solids), then compliance is demonstrated for that 
calendar month, unless a violation is revealed using Method 24 of 
appendix A to 40 CFR part 60.
    (2) Coatings to which thinning solvent will be added--coating-by-
coating compliance. For a coating to which thinning solvent is routinely 
or sometimes added, the owner or operator shall comply as follows:
    (i) Prior to the first application of each batch, designate a single 
thinner for the coating and calculate the maximum allowable thinning 
ratio (or ratios, if the affected source complies with the cold-weather 
limits in addition to the other limits specified in Table 2 of this 
subpart) for each batch as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.191

where:

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

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

where:

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

    The procedures specified in Sec.  63.786(d) may be used to determine 
the values of variables defined in this paragraph. In addition, the 
owner or operator may choose to construct nomographs, based on Equation 
1 of this subpart, similar or identical to the one provided in appendix 
B of this subpart as a means of easily estimating the maximum allowable 
thinning ratio.
    (ii) Prior to the first application of each batch, notify painters 
and other persons, as necessary, of the designated

[[Page 367]]

thinner and maximum allowable thinning ratio(s) for each batch of the 
coating by affixing a label to each container of coating or through 
another means described in the implementation plan required in Sec.  
63.787(b).
    (iii) By the 15th day of each calendar month, determine the volume 
of each batch of the coating used, as supplied, during the previous 
month.
    (iv) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the coating used during the previous 
month as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.193

where:

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

    (v) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the coating during the previous month.
    (vi) If the volume of thinner actually used with the coating 
[paragraph (c)(3)(v) of this section] is less than or equal to the total 
allowable volume of thinner for the coating [paragraph (c)(3)(iv) of 
this section], then compliance is demonstrated for the coating for the 
previous month, unless a violation is revealed using Method 24 of 
appendix A to 40 CFR part 60.
    (3) Coatings to which the same thinning solvent will be added--group 
compliance. For coatings to which the same thinning solvent (or other 
material) is routinely or sometimes added, the owner or operator shall 
comply as follows:
    (i) Designate a single thinner to be added to each coating during 
the month and ``group'' coatings according to their designated thinner.
    (ii) Prior to the first application of each batch, calculate the 
maximum allowable thinning ratio (or ratios, if the affected source 
complies with the cold-weather limits in addition to the other limits 
specified in Table 2 of this subpart) for each batch of coating in the 
group using the equations in paragraph (c)(2) of this section.
    (iii) Prior to the first application of each ``batch,'' notify 
painters and other persons, as necessary, of the designated thinner and 
maximum allowable thinning ratio(s) for each batch in the group by 
affixing a label to each container of coating or through another means 
described in the implementation plan required in Sec.  63.787(b).
    (iv) By the 15th day of each calendar month, determine the volume of 
each batch of the group used, as supplied, during the previous month.
    (v) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the group for the previous month using 
Equation 3 of this subpart.
    (vi) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the group during the previous month.
    (vii) If the volume of thinner actually used with the group 
[paragraph (c)(3)(vi) of this section] is less than or equal to the 
total allowable volume of thinner for the group [paragraph (c)(3)(v) of 
this section], then compliance is demonstrated for the group for the 
previous month, unless a violation is revealed using Method 24 of 
appendix A to 40 CFR part 60.
    (4) Demonstration of compliance through an alternative (i.e., other 
than Method 24 of appendix A to 40 CFR part 60) test method. The owner 
or operator shall comply as follows:

[[Page 368]]

    (i) Certify the as-supplied VOHAP content (g VOHAP/L solids) of each 
batch of coating.
    (ii) If no thinning solvent will be added to the coating, the owner 
or operator of an affected source shall follow the procedure described 
in Sec.  63.785(c)(1), except that VOHAP content shall be used in lieu 
of VOC content.
    (iii) If thinning solvent will be added to the coating, the owner or 
operator of an affected source shall follow the procedure described in 
Sec.  63.785(c)(2) or (3), except that in Equation 1 of this subpart: 
the term ``mVOC'' shall be replaced by the term 
``mVOHAP,'' defined as the VOHAP content of the coating as 
supplied (g VOHAP/L coating) and the term ``Dth'' shall be 
replaced by the term ``Dth(VOHAP)'' defined as the average 
density of the VOHAP thinner(s) (g/L).
    (d) A violation revealed through any approved test method shall 
result in a 1-day violation for enforcement purposes. A violation 
revealed through the recordkeeping procedures described in paragraphs 
(c)(1) through (c)(4) of this section shall result in a 30-day violation 
for enforcement purposes, unless the owner or operator provides 
sufficient data to demonstrate the specific days during which 
noncompliant coatings were applied.
    (e) Continuous compliance requirements. You must demonstrate 
continuous compliance with the emissions standards and operating limits 
by using the performance test methods and procedures in Sec.  63.786 for 
each affected source.
    (1) General requirements. (i) You must monitor and collect data, and 
provide a site specific monitoring plan, as required by Sec. Sec.  
63.783, 63.785, 63.786 and 63.787.
    (ii) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must operate the monitoring system and collect data at all required 
intervals at all times the affected source is operating, and periods of 
malfunction. Any period for which data collection is required and the 
operation of the Continuous Emissions Monitoring System (CEMS) is not 
otherwise exempt and for which the monitoring system is out-of-control 
and data are not available for required calculations constitutes a 
deviation from the monitoring requirements.
    (iii) You may not use data recorded during monitoring system 
malfunctions, repairs associated with monitoring system malfunctions or 
required monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. A monitoring 
system malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. The owner or operator must use all the 
data collected during all other periods in assessing the operation of 
the control device and associated control system.
    (2) [Reserved]

[[Page 369]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.045


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



Sec.  63.786  Test methods and procedures.

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

[[Page 370]]

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

[[Page 371]]

    (e) For add-on control systems approved for use in limiting 
emissions from coating operations pursuant to Sec.  63.783(c), 
performance tests shall be conducted under such conditions as the 
Administrator specifies to the owner or operator based on representative 
performance of the affected source for the period being tested. Upon 
request, the owner or operator shall make available to the Administrator 
such records as may be necessary to demonstrate the conditions present 
during performance tests.

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



Sec.  63.787  Notification requirements.

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

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



Sec.  63.788  Recordkeeping and reporting requirements.

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

[[Page 372]]

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

[[Page 373]]

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

[[Page 374]]

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

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



Sec.  63.789  Implementation and enforcement.

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

[68 FR 37353, June 23, 2003]



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

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

[[Page 375]]

 
63.7(a)-(d)..........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.7(e)(1)...........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then see Sec.   63.786(e).
63.7(e)(2)-(e)(4)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.8.................................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this section does apply, with
                                                                the exception of Sec.   63.8(c)(1)(i), Sec.
                                                                63.8(c)(1)(iii), and the last sentence of Sec.
                                                                63.8(d)(3).
63.9(a)-(d)..........................  Yes...................  Sec.   63.787(a) extends the initial notification
                                                                deadline to 180 days. Sec.   63.787(b) requires
                                                                an implementation plan to be submitted with the
                                                                initial notification.
63.9(e)..............................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this paragraph does apply.
63.9(f)..............................  No....................  Subpart II does not contain any opacity or
                                                                visible emission standards
63.9(g)-(h)..........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c) then these paragraphs do apply.
63.9(i)-(k)..........................  Yes...................  Sec.   63.9(k) only as specified in Sec.
                                                                63.9(j).
63.10(a).............................  Yes.
63.10(b)(1)..........................  Yes.
63.10(b)(2)(i).......................  No.
63.10(b)(2)(ii)......................  No....................  See Sec.   63.788(b)(5) for recordkeeping of
                                                                occurrence, duration, and actions taken during
                                                                malfunctions.
63.10(b)(2)(iii).....................  Yes.
63.10(b)(2)(iv)-(b)(2)(v)............  No.
63.10(b)(2)(vi)-(b)(2)(xiv)..........  Yes.
63.10(b)(3)..........................  Yes.
63.10(c)(1)-(9)......................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.10(c)(10)-(11)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then see Sec.   63.788(b)(5) for
                                                                records of malfunctions.
63.10(c)(12)-(14)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.10(c)(15).........................  No.
63.10(d)(1)-(4)......................  Yes.
63.10(d)(5)..........................  No....................  See Sec.   63.788(c) for reporting malfunctions.
63.10(e).............................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this paragraph does apply.
63.10(f).............................  Yes...................
63.11................................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this section does apply.
63.12-63.15..........................  Yes...................
----------------------------------------------------------------------------------------------------------------


[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72070, Nov. 21, 2011; 
85 FR 73895, Nov. 19, 2020]



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

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

[[Page 376]]

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


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



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

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


[[Page 377]]


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



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

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

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

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

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

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

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

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

Remarks: (use reverse side)

    Signed: _______ Date: ______________

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

[[Page 378]]



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


[[Page 379]]





Subpart JJ_National Emission Standards for Wood Furniture Manufacturing 
                               Operations

    Source: 60 FR 62936, Dec. 7, 1995, unless otherwise noted.



Sec.  63.800  Applicability.

    (a) The affected source to which this subpart applies is each 
facility that is engaged, either in part or in whole, in the manufacture 
of wood furniture or wood furniture components and that is located at a 
plant site that is a major source as defined in 40 CFR part 63, subpart 
A, Sec.  63.2. The owner or operator of a source that meets the 
definition for an incidental wood furniture manufacturer shall maintain 
purchase or usage records demonstrating that the source meets the 
definition in Sec.  63.801 of this subpart, but the source shall not be 
subject to any other provisions of this subpart.
    (b) A source that complies with the limits and criteria specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area source 
for the purposes of this subpart and is not subject to any other 
provision of this rule, provided that: In the case of paragraphs (b)(1) 
and (b)(2), finishing materials, adhesives, cleaning solvents and 
washoff solvents used for wood furniture or wood furniture component 
manufacturing operations account for at least 90 percent of annual HAP 
emissions at the plant site, and if the plant site has HAP emissions 
that do not originate from the listed materials, the owner or operator 
shall keep any records necessary to demonstrate that the 90 percent 
criterion is being met. A source that initially relies on the limits and 
criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) to become an 
area source, but subsequently exceeds the relevant limit (without first 
obtaining and complying with other limits that keep its potential to 
emit hazardous air pollutants below major source levels), becomes a 
major source and must comply thereafter with all applicable provisions 
of this subpart starting on the applicable compliance date in Sec.  
63.800. Nothing in this paragraph (b) is intended to preclude a source 
from limiting its potential to emit through other appropriate mechanisms 
that may be available through the permitting authority.
    (1) The owner or operator of the source uses no more than 250 
gallons per month, for every month, of coating, gluing, cleaning, and 
washoff materials at the source, including materials used for source 
categories other than wood furniture (surface coating), but excluding 
materials used in routine janitorial or facility grounds maintenance, 
personal uses by employees or other persons, the use of products for the 
purpose of maintaining motor vehicles operated by the facility, or the 
use of toxic chemicals contained in intake water (used for processing or 
noncontact cooling) or intake air (used either as compressed air or for 
combustion). The owner or operator shall maintain records of the total 
gallons of coating, gluing, cleaning, and washoff materials used each 
month, and upon request submit such records to the Administrator. These 
records shall be maintained for five years.
    (2) The owner or operator of the source uses no more than 3,000 
gallons per rolling 12-month period, for every 12-month period, of 
coating, gluing, cleaning, and washoff materials at the source, 
including materials used for source categories other than wood furniture 
(surface coating), but excluding materials used in routine janitorial or 
facility grounds maintenance, personal uses by employees or other 
persons, the use of products for the purpose of maintaining motor 
vehicles operated by the facility, or the use of toxic chemicals 
contained in intake water (used for processing or noncontact cooling) or 
intake air (used either as compressed air or for combustion). A rolling 
12-month period includes the previous 12 months of operation. The owner 
or operator of the source shall maintain records of the total gallons of 
coating, gluing, cleaning, and washoff materials used each month and the 
total gallons used each previous month, and upon request submit such 
records to the Administrator. Because records are needed over the 
previous set of 12 months, the owner or operator shall keep monthly 
records beginning no less than one year before the compliance date 
specified in Sec.  63.800(e).

[[Page 380]]

Records shall be maintained for five years.
    (3) The source emits no more than 4.5 Mg (5 tons) of any one HAP per 
rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any 
combination of HAP per rolling 12-month period, and at least 90 percent 
of the plantwide emissions per rolling 12-month period are associated 
with the manufacture of wood furniture or wood furniture components.
    (c) This subpart does not apply to research or laboratory facilities 
as defined in Sec.  63.801.
    (d) This subpart does not apply to any surface coating or coating 
operation that meets any of the criteria of paragraphs (d)(1) through 
(4) of this section.
    (1) Surface coating of metal parts and products other than metal 
components of wood furniture that meets the applicability criteria for 
miscellaneous metal parts and products surface coating (subpart MMMM of 
this part).
    (2) Surface coating of plastic parts and products other than plastic 
components of wood furniture that meets the applicability criteria for 
plastic parts and products surface coating (subpart PPPP of this part).
    (3) Surface coating of wood building products that meets the 
applicability criteria for wood building products surface coating 
(subpart QQQQ of this part). The surface coating of millwork and trim 
associated with cabinet manufacturing are subject to subpart JJ.
    (4) Surface coating of metal furniture that meets the applicability 
criteria for metal furniture surface coating (subpart RRRR of this 
part). Surface coating of metal components of wood furniture performed 
at a wood furniture or wood furniture component manufacturing facility 
are subject to subpart JJ.
    (e) Owners or operators of affected sources shall also comply with 
the requirements of subpart A of this part (General Provisions), 
according to the applicability of subpart A to such sources, as 
identified in Table 1 of this subpart.
    (f) The compliance date for existing affected sources that emit less 
than 50 tons per year of HAP in 1996 is December 7, 1998. The compliance 
date for existing affected sources that emit 50 tons or more of 
hazardous air pollutants in 1996 is November 21, 1997. The owner or 
operator of an existing area source that increases its emissions of (or 
its potential to emit) HAP such that the source becomes a major source 
that is subject to this subpart shall comply with this subpart one year 
after becoming a major source.
    (g) Existing affected sources shall be in compliance with Sec.  
63.802(a)(4) and Sec.  63.803(h) no later than November 21, 2014. The 
owner or operator of an existing area source that increases its 
emissions of (or its potential to emit) hazardous air pollutants (HAP) 
such that the source becomes a major source that is subject to this 
subpart shall comply with this subpart 1 year after becoming a major 
source.
    (h) New affected sources must comply with the provisions of this 
standard immediately upon startup or by December 7, 1995, whichever is 
later. New area sources that become major sources shall comply with the 
provisions of this standard immediately upon becoming a major source.
    (i) Reconstructed affected sources are subject to the requirements 
for new affected sources. The costs associated with the purchase and 
installation of air pollution control equipment (e.g., incinerators, 
carbon adsorbers, etc.) are not considered in determining whether the 
facility has been reconstructed, unless the control equipment is 
required as part of the process (e.g., product recovery). Additionally, 
the costs of retrofitting and replacement of equipment that is installed 
specifically to comply with this subpart are not considered 
reconstruction costs. For example, an affected source may convert to 
waterborne coatings to meet the requirements of this subpart. At most 
facilities, this conversion will require the replacement of existing 
storage tanks, mix equipment, and transfer lines. The cost of replacing 
the equipment is not considered in determining whether the facility has 
been reconstructed.
    (j) If the owner or operator, in accordance with 40 CFR 63.804, uses 
a control system as a means of limiting emissions, in response to an 
action to enforce the standards set forth in this

[[Page 381]]

subpart, you may assert an affirmative defense to a claim for civil 
penalties for exceedances of such standards that are caused by 
malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be 
assessed, however, if the respondent fails to meet its burden of proving 
all the requirements in the affirmative defense. The affirmative defense 
shall not be available for claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a limit, the owner or operator must timely meet the notification 
requirements in paragraph (j)(2) of this section, and must prove by a 
preponderance of evidence that:
    (i) The excess emissions:
    (A) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (iii) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (2) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than 2 business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standard in this subpart to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (h)(1) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45 day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedance.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30259, June 3, 1997; 76 
FR 72071, Nov. 21, 2011]



Sec.  63.801  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the

[[Page 382]]

meaning given to them in the CAA and in subpart A (General Provisions) 
of this part.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together other than by mechanical means. 
Under this subpart, adhesives shall not be considered coatings or 
finishing materials. Products used on humans and animals, adhesive tape, 
contact paper, or any other product with an adhesive incorporated onto 
or in an inert substrate shall not be considered adhesives under this 
subpart.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative.
    Aerosol adhesive means an adhesive that is dispensed from a 
pressurized container as a suspension of fine solid or liquid particles 
in gas.
    Affected source means a wood furniture manufacturing facility that 
is engaged, either in part or in whole, in the manufacture of wood 
furniture or wood furniture components and that is located at a plant 
site that is a major source as defined in 40 CFR part 63.2, excluding 
sources that meet the criteria established in Sec.  63.800(a), (b) and 
(c) of this subpart.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Alternative method means any method of sampling and analyzing for an 
air pollutant that is not a reference or equivalent method but has been 
demonstrated to the Administrator's satisfaction to, in specific cases, 
produce results adequate for a determination of compliance.
    As applied means the HAP and solids content of the coating or 
contact adhesive that is actually used for coating or gluing the 
substrate. It includes the contribution of materials used for in-house 
dilution of the coating or contact adhesive.
    Basecoat means a coat of colored material, usually opaque, that is 
applied before graining inks, glazing coats, or other opaque finishing 
materials, and is usually topcoated for protection.
    Baseline conditions means the conditions that exist prior to an 
affected source implementing controls, such as a control system.
    Building enclosure means a building housing a process that meets the 
requirements of a temporary total enclosure. The EPA Method 204E is used 
to identify all emission points from the building enclosure and to 
determine which emission points must be tested. For additional 
information see Guidelines for Determining Capture Efficiency, January 
1994. Docket No. A-93-10, Item No. IV-B-1.
    Capture device means a hood, enclosed room, floor sweep, or other 
means of collecting solvent emissions or other pollutants into a duct so 
that the pollutant can be directed to a pollution control device such as 
an incinerator or carbon adsorber.
    Capture efficiency means the fraction of all organic vapors 
generated by a process that are directed to a control device.
    Certified product data sheet (CPDS) means documentation furnished by 
coating or adhesive suppliers or an outside laboratory that provides:
    (1) The VHAP content of a finishing material, contact adhesive, or 
solvent, by percent weight, measured using the EPA Method 311 (as 
promulgated in this subpart), or an equivalent or alternative method (or 
formulation data if the coating meets the criteria specified in Sec.  
63.805(a));
    (2) The solids content of a finishing material or contact adhesive 
by percent weight, determined using data from the EPA Method 24, or an 
alternative or equivalent method (or formulation data if the coating 
meets the criteria specified in Sec.  63.805 (a)); and
    (3) The density, measured by EPA Method 24 or an alternative or 
equivalent method. Therefore, the reportable VHAP content shall 
represent the maximum aggregate emissions potential of the finishing 
material, adhesive, or solvent in concentrations greater than or equal 
to 1.0 percent by weight or 0.1 percent for VHAP that are carcinogens, 
as defined by the Occupational Safety and Health Administration Hazard 
Communication Standard (29 CFR part

[[Page 383]]

1910), as formulated. Only VHAP present in concentrations greater than 
or equal to 1.0 percent by weight, or 0.1 percent for VHAP that are 
carcinogens, must be reported on the CPDS. The purpose of the CPDS is to 
assist the affected source in demonstrating compliance with the emission 
limitations presented in Sec.  63.802.
    Note: Because the optimum analytical conditions under EPA Method 311 
vary by coating, the coating or adhesive supplier may also choose to 
include on the CPDS the optimum analytical conditions for analysis of 
the coating, adhesive, or solvent using EPA Method 311. Such information 
may include, but not be limited to, separation column, oven temperature, 
carrier gas, injection port temperature, extraction solvent, and 
internal standard.)
    Cleaning operations means operations in which organic HAP solvent is 
used to remove coating materials or adhesives from equipment used in 
wood furniture manufacturing operations.
    Coating means a protective, decorative, or functional film applied 
in a thin layer to a surface. Such materials include, but are not 
limited to, paints, topcoats, varnishes, sealers, stains, washcoats, 
basecoats, enamels, inks, and temporary protective coatings. Aerosol 
spray paints used for touch-up and repair are not considered coatings 
under this subpart.
    Coating application station means the part of a coating operation 
where the coating is applied, e.g., a spray booth.
    Coating operation means those activities in which a coating is 
applied to a substrate and is subsequently air-dried, cured in an oven, 
or cured by radiation.
    Coating solids (or solids) means the part of the coating which 
remains after the coating is dried or cured; solids content is 
determined using data from the EPA Method 24, or an equivalent or 
alternative method.
    Compliant coating/contact adhesive means a finishing material, 
contact adhesive, or strippable booth coating that meets the emission 
limits specified in Table 3 of this subpart.
    Contact adhesive means an adhesive that is applied to two 
substrates, dried, and mated under only enough pressure to result in 
good contact. The bond is immediate and sufficiently strong to hold 
pieces together without further clamping, pressure, or airing.
    Continuous coater means a finishing system that continuously applies 
finishing materials onto furniture parts moving along a conveyor. 
Finishing materials that are not transferred to the part are recycled to 
a reservoir. Several types of application methods can be used with a 
continuous coater including spraying, curtain coating, roll coating, dip 
coating, and flow coating.
    Continuous compliance means that the affected source is meeting the 
emission limitations and other requirements of the rule at all times and 
is fulfilling all monitoring and recordkeeping provisions of the rule in 
order to demonstrate compliance.
    Control device means any equipment that reduces the quantity of a 
pollutant that is emitted to the air. The device may destroy or secure 
the pollutant for subsequent recovery. Includes, but is not limited to, 
incinerators, carbon adsorbers, and condensers.
    Control device efficiency means the ratio of the pollutant released 
by a control device and the pollutant introduced to the control device.
    Control system means the combination of capture and control devices 
used to reduce emissions to the atmosphere.
    Conventional air spray means a spray coating method in which the 
coating is atomized by mixing it with compressed air and applied at an 
air pressure greater than 10 pounds per square inch (gauge) at the point 
of atomization. Airless and air assisted airless spray technologies are 
not conventional air spray because the coating is not atomized by mixing 
it with compressed air. Electrostatic spray technology is also not 
considered conventional air spray because an electrostatic charge is 
employed to attract the coating to the workpiece.
    Data quality objective (DQO) approach means a set of approval 
criteria that must be met so that data from an alternative test method 
can be used in determining the capture efficiency of a control system. 
For additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Day means a period of 24 consecutive hours beginning at midnight 
local

[[Page 384]]

time, or beginning at a time consistent with a facility's operating 
schedule.
    Disposed offsite means sending used organic HAP solvent or coatings 
outside of the facility boundaries for disposal.
    Emission means the release or discharge, whether directly or 
indirectly, of HAP into the ambient air.
    Enamel means a coat of colored material, usually opaque, that is 
applied as a protective topcoat over a basecoat, primer, or previously 
applied enamel coats. In some cases, another finishing material may be 
applied as a topcoat over the enamel.
    Equipment leak means emissions of VHAP from pumps, valves, flanges, 
or other equipment used to transfer or apply coatings, adhesives, or 
organic HAP solvents.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specific conditions.
    Finishing material means a coating used in the wood furniture 
industry. Such materials include, but are not limited to, stains, 
basecoats, washcoats, enamels, sealers, and topcoats.
    Finishing operation means those operations in which a finishing 
material is applied to a substrate and is subsequently air-dried, cured 
in an oven, or cured by radiation.
    Foam adhesive means a contact adhesive used for gluing foam to 
fabric, foam to foam, and fabric to wood.
    Gluing operation means those operations in which adhesives are used 
to join components, for example, to apply a laminate to a wood substrate 
or foam to fabric.
    Incidental wood furniture manufacturer means a major source that is 
primarily engaged in the manufacture of products other than wood 
furniture or wood furniture components and that uses no more than 100 
gallons per month of finishing material or adhesives in the manufacture 
of wood furniture or wood furniture components.
    Incinerator means, for the purposes of this industry, an enclosed 
combustion device that thermally oxidizes volatile organic compounds to 
CO and CO2. This term does not include devices that burn 
municipal or hazardous waste material.
    Janitorial maintenance means the upkeep of equipment or building 
structures that is not directly related to the manufacturing process, 
for example, cleaning of restroom facilities.
    Low-formaldehyde means, in the context of a coating or contact 
adhesive, a product concentration of less than or equal to 1.0 percent 
formaldehyde by weight, as described in a certified product data sheet 
for the material.
    Lower confidence limit (LCL) approach means a set of approval 
criteria that must be met so that data from an alternative test method 
can be used in determining the capture efficiency of a control system. 
For additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Material safety data sheet (MSDS) means the documentation required 
for hazardous chemicals by the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard (29 CFR part 1910) 
for a solvent, cleaning material, contact adhesive, coating, or other 
material that identifies select reportable hazardous ingredients of the 
material, safety and health considerations, and handling procedures.
    Noncompliant coating/contact adhesive means a finishing material, 
contact adhesive, or strippable booth coating that has a VHAP content 
(VOC content for the strippable booth coating) greater than the emission 
limitation presented in Table 3 of this subpart.
    Nonporous substrate means a surface that is impermeable to liquids. 
Examples include metal, rigid plastic, flexible vinyl, and rubber.
    Normally closed container means a container that is closed unless an 
operator is actively engaged in activities such as emptying or filling 
the container.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has

[[Page 385]]

complied with an applicable emission limit.
    Organic HAP solvent means a HAP that is a volatile organic liquid 
used for dissolving or dispersing constituents in a coating or contact 
adhesive, adjusting the viscosity of a coating or contact adhesive, or 
cleaning equipment. When used in a coating or contact adhesive, the 
organic HAP solvent evaporates during drying and does not become a part 
of the dried film.
    Overall control efficiency means the efficiency of a control system, 
calculated as the product of the capture and control device 
efficiencies, expressed as a percentage.
    Permanent total enclosure means a permanently installed enclosure 
that completely surrounds a source of emissions such that all emissions 
are captured and contained for discharge through a control device. For 
additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Recycled onsite means the reuse of an organic HAP solvent in a 
process other than cleaning or washoff.
    Reference method means any method of sampling and analyzing for an 
air pollutant that is published in appendix A of 40 CFR part 60.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development to develop new 
processes and products where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Responsible official has the meaning given to it in 40 CFR part 70, 
State Operating Permit Programs (Title V permits).
    Sealer means a finishing material used to seal the pores of a wood 
substrate before additional coats of finishing material are applied. 
Special purpose finishing materials that are used in some finishing 
systems to optimize aesthetics are not sealers.
    Solvent means a liquid used in a coating or contact adhesive to 
dissolve or disperse constituents and/or to adjust viscosity. It 
evaporates during drying and does not become a part of the dried film.
    Stain means any color coat having a solids content by weight of no 
more than 8.0 percent that is applied in single or multiple coats 
directly to the substrate. It includes, but is not limited to, nongrain 
raising stains, equalizer stains, prestains, sap stains, body stains, 
no-wipe stains, penetrating stains, and toners.
    Storage containers means vessels or tanks, including mix equipment, 
used to hold finishing, gluing, cleaning, or washoff materials.
    Strippable spray booth material means a coating that:
    (1) Is applied to a spray booth wall to provide a protective film to 
receive over spray during finishing operations;
    (2) That is subsequently peeled off and disposed; and
    (3) By achieving (1) and (2) of this definition reduces or 
eliminates the need to use organic HAP solvents to clean spray booth 
walls.
    Substrate means the surface onto which a coating or contact adhesive 
is applied (or into which a coating or contact adhesive is impregnated).
    Temporary total enclosure means an enclosure that meets the 
requirements of Sec.  63.805(e)(1) (i) through (iv) and is not 
permanent, but constructed only to measure the capture efficiency of 
pollutants emitted from a given source. Additionally, any exhaust point 
from the enclosure shall be at least four equivalent duct or hood 
diameters from each natural draft opening. For additional information, 
see Guidelines for Determining Capture Efficiency, January 1994. (Docket 
No. A-93-10, Item No. IV-B-1).
    Thinner means a volatile liquid that is used to dilute coatings or 
contact adhesives (to reduce viscosity, color strength, and solids, or 
to modify drying conditions).
    Topcoat means the last film-building finishing material that is 
applied in a finishing system.
    Touchup and repair means the application of finishing materials to 
cover minor finishing imperfections.
    VHAP means any volatile hazardous air pollutant listed in Table 2 to 
Subpart JJ.

[[Page 386]]

    VHAP of potential concern means any VHAP from the list in table 6 of 
this subpart.
    Volatile organic compound (VOC) means any organic compound which 
participates in atmospheric photochemical reactions, that is, any 
organic compound other than those which the Administrator designates as 
having negligible photochemical reactivity. A VOC may be measured by a 
reference method, an equivalent method, an alternative method, or by 
procedures specified under any rule. A reference method, an equivalent 
method, or an alternative method, however, may also measure nonreactive 
organic compounds. In such cases, the owner or operator may exclude the 
nonreactive organic compounds when determining compliance with a 
standard. For a list of compounds that the Administrator has designated 
as having negligible photochemical reactivity, refer to 40 CFR part 
51.10.
    Washcoat means a transparent special purpose finishing material 
having a solids content by weight of 12.0 percent by weight or less. 
Washcoats are applied over initial stains to protect, to control color, 
and to stiffen the wood fibers in order to aid sanding.
    Washoff operations means those operations in which organic HAP 
solvent is used to remove coating from wood furniture or a wood 
furniture component.
    Wood furniture means any product made of wood, a wood product such 
as rattan or wicker, or an engineered wood product such as particleboard 
that is manufactured at any facility that is engaged, either in part or 
in whole, in the manufacture of wood furniture or wood furniture 
components, including, but not limited to, facilities under any of the 
following standard industrial classification codes: 2434, 2511, 2512, 
2517, 2519, 2521, 2531, 2541, 2599, or 5712.
    Wood furniture component means any part that is used in the 
manufacture of wood furniture. Examples include, but are not limited to, 
drawer sides, cabinet doors, seat cushions, and laminated tops. However, 
foam seat cushions manufactured and fabricated at a facility that does 
not engage in any other wood furniture or wood furniture component 
manufacturing operation are excluded from this definition.
    Wood furniture manufacturing operations means the finishing, gluing, 
cleaning, and washoff operations associated with the production of wood 
furniture or wood furniture components.
    (b) The nomenclature used in this subpart has the following meaning:
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Cc = the VHAP content of a finishing material (c), in 
kilograms of volatile hazardous air pollutants per kilogram of coating 
solids (kg VHAP/kg solids), as supplied. Also given in pounds of 
volatile hazardous air pollutants per pound of coating solids (lb VHAP/
lb solids).
    (3) Caj = the concentration of VHAP in gas stream (j) 
exiting the control device, in parts per million by volume.
    (4) Cbi = the concentration of VHAP in gas stream (i) 
entering the control device, in parts per million by volume.
    (5) Cdi = the concentration of VHAP in gas stream (i) 
entering the control device from the affected source, in parts per 
million by volume.
    (6) Cfk = the concentration of VHAP in uncontrolled gas 
stream (k) emitted directly to the atmosphere from the affected source, 
in parts per million by volume.
    (7) E = the emission limit achieved by an emission point or a set of 
emission points, in kg VHAP/kg solids (lb VHAP/lb solids).
    (8) F = the control device efficiency, expressed as a fraction.
    (9) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (10) G = the VHAP content of a contact adhesive, in kg VHAP/kg 
solids (lb VHAP/lb solids), as applied.
    (11) M = the mass of solids in finishing material used monthly, kg 
solids/month (lb solids/month).
    (12) N = the capture efficiency, expressed as a fraction.
    (13) Qaj = the volumetric flow rate of gas stream (j) 
exiting the control device, in dry standard cubic meters per hour.

[[Page 387]]

    (14) Qbi = the volumetric flow rate of gas stream (i) 
entering the control device, in dry standard cubic meters per hour.
    (15) Qdi = the volumetric flow rate of gas stream (i) 
entering the control device from the emission point, in dry standard 
cubic meters per hour.
    (16) Qfk = the volumetric flow rate of uncontrolled gas 
stream (k) emitted directly to the atmosphere from the emission point, 
in dry standard cubic meters per hour.
    (17) Qin i = the volumetric flow rate of gas stream (i) 
entering the total enclosure through a forced makeup air duct, in 
standard cubic meters per hour (wet basis).
    (18) Qout j = the volumetric flow rate of gas stream (j) 
exiting the total enclosure through an exhaust duct or hood, in standard 
cubic meters per hour (wet basis).
    (19) R = the overall efficiency of the control system, expressed as 
a percentage.
    (20) S = the VHAP content of a solvent, expressed as a weight 
fraction, added to finishing materials.
    (21) W = the amount of solvent, in kilograms (pounds), added to 
finishing materials during the monthly averaging period.
    (22) ac = after the control system is installed and operated.
    (23) bc = before control.
    (24) Cf = the formaldehyde content of a finishing 
material (c), in pounds of formaldehyde per gallon of coating (lb/gal).
    (25) Ftotal = total formaldehyde emissions in each 
rolling 12 month period.
    (26) Gf = the formaldehyde content of a contact adhesive 
(g), in pounds of formaldehyde per gallon of contact adhesive (lb/gal).
    (27) Vc = the volume of formaldehyde-containing finishing 
material (c), in gal.
    (28) Vg = the volume of formaldehyde-containing contact 
adhesive (g), in gal.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 62 
FR 31363, June 9, 1997; 63 FR 71380, Dec. 28, 1998; 76 FR 72072, Nov. 
21, 2011]



Sec.  63.802  Emission limits.

    (a) Each owner or operator of an existing affected source subject to 
this subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the 
emission limitations for existing sources presented in Table 3 of this 
subpart, using any of the compliance methods in Sec.  63.804(a). To 
determine VHAP emissions from a finishing material containing 
formaldehyde or styrene, the owner or operator of the affected source 
shall use the methods presented in Sec.  63.803(l)(2) for determining 
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP 
limit for contact adhesives based on the following criteria:
    (i) For foam adhesives (contact adhesives used for upholstery 
operations) used in products that meet the upholstered seating 
flammability requirements of California Technical Bulletin 116, 117, or 
133, the Business and Institutional Furniture Manufacturers 
Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar 
requirements from local, State, or Federal fire regulatory agencies, the 
VHAP content of the adhesive shall not exceed 1.8 kg VHAP/kg solids (1.8 
lb VHAP/lb solids), as applied; or
    (ii) For all other contact adhesives (including foam adhesives used 
in products that do not meet the standards presented in paragraph 
(a)(2)(i) of this section, but excluding aerosol adhesives and excluding 
contact adhesives applied to nonporous substrates, the VHAP content of 
the adhesive shall not exceed 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb 
solids), as applied.
    (3) Limit HAP emissions from strippable spray booth coatings by 
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb 
VOC/lb solids), as applied.
    (4) Limit formaldehyde emissions by complying with the provisions 
specified in either paragraph (a)(4)(i) or (a)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings and 
contact adhesives to no more than 400 pounds per rolling 12 month 
period.
    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde

[[Page 388]]

coatings and adhesives, in any wood furniture manufacturing operations.
    (b) Each owner or operator of a new affected source subject to this 
subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the 
emission limitations for new sources presented in Table 3 of this 
subpart using any of the compliance methods in Sec.  63.804(d). To 
determine VHAP emissions from a finishing material containing 
formaldehyde or styrene, the owner or operator of the affected source 
shall use the methods presented in Sec.  63.803(l)(2) for determining 
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP 
limit for contact adhesives, excluding aerosol adhesives and excluding 
contact adhesives applied to nonporous substrates, of no greater than 
0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied, using either 
of the compliance methods in Sec.  63.804(e).
    (3) Limit HAP emissions from strippable spray booth coatings by 
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb 
VOC/lb solids), as applied.
    (4) Limit formaldehyde emissions by complying with the provisions 
specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings and 
contact adhesives to no more than 400 pounds per rolling 12 month 
period.
    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde coatings and adhesives, in any wood furniture manufacturing 
operations.
    (c) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72072, Nov. 21, 2011]



Sec.  63.803  Work practice standards.

    (a) Work practice implementation plan. (1) Each owner or operator of 
an affected source subject to this subpart shall prepare and maintain a 
written work practice implementation plan that defines environmentally 
desirable work practices for each wood furniture operation manufacturing 
operation and addresses each of the work practice standards presented in 
paragraphs (b) through (l) of this section. The plan shall be developed 
no more than 60 days after the compliance date.
    (2) The written work practice implementation plan shall be available 
for inspection by the Administrator (or delegated State, local, or 
Tribal authority) upon request. If the Administrator (or delegated 
State, local, or Tribal authority) determines that the work practice 
implementation plan does not include sufficient mechanisms for ensuring 
that the work practice standards are being implemented, the 
Administrator (or delegated State, local, or Tribal authority) may 
require the affected source to modify the plan. Revisions or 
modifications to the plan do not require a revision of the source's 
Title V permit.
    (3) The inspection and maintenance plan required by paragraph (c) of 
this section and the formulation assessment plan for finishing 
operations required by paragraph (l) of this section are also reviewable 
by the Administrator (or delegated State, local, or Tribal authority).
    (b) Operator training course. Each owner or operator of an affected 
source shall train all new and existing personnel, including contract 
personnel, who are involved in finishing, gluing, cleaning, and washoff 
operations, use of manufacturing equipment, or implementation of the 
requirements of this subpart. All new personnel, those hired after the 
compliance date of the standard, shall be trained upon hiring. All 
existing personnel, those hired before the compliance date of the 
standard, shall be trained within six months of the compliance date of 
the standard.

[[Page 389]]

All personnel shall be given refresher training annually. The affected 
source shall maintain a copy of the training program with the work 
practice implementation plan. The training program shall include, at a 
minimum, the following:
    (1) A list of all current personnel by name and job description that 
are required to be trained;
    (2) An outline of the subjects to be covered in the initial and 
refresher training for each position or group of personnel;
    (3) Lesson plans for courses to be given at the initial and the 
annual refresher training that include, at a minimum, appropriate 
application techniques, appropriate cleaning and washoff procedures, 
appropriate equipment setup and adjustment to minimize finishing 
material usage and overspray, and appropriate management of cleanup 
wastes; and
    (4) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate and document successful 
completion.
    (c) Inspection and maintenance plan. Each owner or operator of an 
affected source shall prepare and maintain with the work practice 
implementation plan a written leak inspection and maintenance plan that 
specifies:
    (1) A minimum visual inspection frequency of once per month for all 
equipment used to transfer or apply coatings, adhesives, or organic HAP 
solvents;
    (2) An inspection schedule;
    (3) Methods for documenting the date and results of each inspection 
and any repairs that were made;
    (4) The timeframe between identifying the leak and making the 
repair, which adheres, at a minimum, to the following schedule:
    (i) A first attempt at repair (e.g., tightening of packing glands) 
shall be made no later than five calendar days after the leak is 
detected; and
    (ii) Final repairs shall be made within 15 calendar days after the 
leak is detected, unless the leaking equipment is to be replaced by a 
new purchase, in which case repairs shall be completed within three 
months.
    (d) Cleaning and washoff solvent accounting system. Each owner or 
operator of an affected source shall develop an organic HAP solvent 
accounting form to record:
    (1) The quantity and type of organic HAP solvent used each month for 
washoff and cleaning, as defined in Sec.  63.801 of this subpart;
    (2) The number of pieces washed off, and the reason for the washoff; 
and
    (3) The quantity of spent organic HAP solvent generated from each 
washoff and cleaning operation each month, and whether it is recycled 
onsite or disposed offsite.
    (e) Chemical composition of cleaning and washoff solvents. Each 
owner or operator of an affected source shall not use cleaning or 
washoff solvents that contain any of the pollutants listed in Table 4 to 
this subpart, in concentrations subject to MSDS reporting as required by 
OSHA.
    (f) Spray booth cleaning. Each owner or operator of an affected 
source shall not use compounds containing more than 8.0 percent by 
weight of VOC for cleaning spray booth components other than conveyors, 
continuous coaters and their enclosures, or metal filters, or plastic 
filters unless the spray booth is being refurbished. If the spray booth 
is being refurbished, that is the spray booth coating or other 
protective material used to cover the booth is being replaced, the 
affected source shall use no more than 1.0 gallon of organic HAP solvent 
per booth to prepare the surface of the booth prior to applying the 
booth coating.
    (g) Storage requirements. Each owner or operator of an affected 
source shall use normally closed containers for storing finishing, 
gluing, cleaning, and washoff materials.
    (h) Application equipment requirements. Each owner or operator of an 
affected source shall not use conventional air spray guns except when 
all emissions from the finishing application station are routed to a 
functioning control device.
    (i) Line cleaning. Each owner or operator of an affected source 
shall pump or drain all organic HAP solvent used for line cleaning into 
a normally closed container.
    (j) Gun cleaning. Each owner or operator of an affected source shall 
collect all organic HAP solvent used to clean

[[Page 390]]

spray guns into a normally closed container.
    (k) Washoff operations. Each owner or operator of an affected source 
shall control emissions from washoff operations by:
    (1) Using normally closed tanks for washoff; and
    (2) Minimizing dripping by tilting or rotating the part to drain as 
much solvent as possible.
    (l) Formulation assessment plan for finishing operations. Each owner 
or operator of an affected source shall prepare and maintain with the 
work practice implementation plan a formulation assessment plan that:
    (1) Identifies VHAP from the list presented in Table 5 of this 
subpart that are being used in finishing operations by the affected 
source;
    (2) Establishes a baseline level of usage by the affected source, 
for each VHAP identified in paragraph (l)(1) of this section. The 
baseline usage level shall be the highest annual usage from 1994, 1995, 
or 1996, for each VHAP identified in paragraph (l)(1) of this section. 
For formaldehyde, the baseline level of usage shall be based on the 
amount of free formaldehyde present in the finishing material when it is 
applied. For styrene, the baseline level of usage shall be an estimate 
of unreacted styrene, which shall be calculated by multiplying the 
amount of styrene monomer in the finishing material, when it is applied, 
by a factor of 0.16. Sources using a control device to reduce emissions 
may adjust their usage based on the overall control efficiency of the 
control system, which is determined using the equation in Sec.  63.805 
(d) or (e).
    (3) Tracks the annual usage of each VHAP identified in (l)(1) by the 
affected source that is present in amounts subject to MSDS reporting as 
required by OSHA.
    (4) If, after November 1998, the annual usage of the VHAP identified 
in paragraph (l)(1) exceeds its baseline level, then the owner or 
operator of the affected source shall provide a written notification to 
the permitting authority that describes the amount of the increase and 
explains the reasons for exceedance of the baseline level. The following 
explanations would relieve the owner or operator from further action, 
unless the affected source is not in compliance with any State 
regulations or requirements for that VHAP:
    (i) The exceedance is no more than 15.0 percent above the baseline 
level;
    (ii) Usage of the VHAP is below the de minimis level presented in 
Table 5 of this subpart for that VHAP (sources using a control device to 
reduce emissions may adjust their usage based on the overall control 
efficiency of the control system, which is determined using the 
procedures in Sec.  63.805 (d) or (e);
    (iii) The affected source is in compliance with its State's air 
toxic regulations or guidelines for the VHAP; or
    (iv) The source of the pollutant is a finishing material with a VOC 
content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as 
applied.
    (5) If none of the above explanations are the reason for the 
increase, the owner or operator shall confer with the permitting 
authority to discuss the reason for the increase and whether there are 
practical and reasonable technology-based solutions for reducing the 
usage. The evaluation of whether a technology is reasonable and 
practical shall be based on cost, quality, and marketability of the 
product, whether the technology is being used successfully by other wood 
furniture manufacturing operations, or other criteria mutually agreed 
upon by the permitting authority and owner or operator. If there are no 
practical and reasonable solutions, the facility need take no further 
action. If there are solutions, the owner or operator shall develop a 
plan to reduce usage of the pollutant to the extent feasible. The plan 
shall address the approach to be used to reduce emissions, a timetable 
for implementing the plan, and a schedule for submitting notification of 
progress.
    (6) If, after November 1998, an affected source uses a VHAP of 
potential concern listed in table 6 of this subpart for which a baseline 
level has not been previously established, then the baseline level shall 
be established as the de minimis level provided in that same table for 
that chemical. The affected source shall track the annual usage of each 
VHAP of potential concern identified in this paragraph that is present 
in amounts subject to MSDS reporting as

[[Page 391]]

required by OSHA. If usage of the VHAP of potential concern exceeds the 
de minimis level listed in table 6 of this subpart for that chemical, 
then the affected source shall provide an explanation to the permitting 
authority that documents the reason for the exceedance of the de minimis 
level. If the explanation is not one of those listed in paragraphs 
(l)(4)(i) through (l)(4)(iv) of this section, the affected source shall 
follow the procedures in paragraph (l)(5) of this section.

[60 FR 62936, Dec. 7, 1995, as amended at 63 FR 71380, Dec. 28, 1998; 68 
FR 37353, June 23, 2003; 76 FR 72073, Nov. 21, 2011]



Sec.  63.804  Compliance procedures and monitoring requirements.

    (a) The owner or operator of an existing affected source subject to 
Sec.  63.802(a)(1) shall comply with those provisions using any of the 
methods presented in Sec.  63.804 (a)(1) through (a)(4).
    (1) Calculate the average VHAP content for all finishing materials 
used at the facility using Equation 1, and maintain a value of E no 
greater than 1.0;

E = (Mc1 Cc1 + Mc2 Cc2 + * * 
* + Mcn Ccn + S1 W1 + 
S2 W2 + * * * Sn Wn)/
(Mc1 + Mc2 + * * * + Mcn) Equation 1

    (2) Use compliant finishing materials according to the following 
criteria:
    (i) Demonstrate that each stain, sealer, and topcoat has a VHAP 
content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), 
as applied, and each thinner contains no more than 10.0 percent VHAP by 
weight by maintaining certified product data sheets for each coating and 
thinner;
    (ii) Demonstrate that each washcoat, basecoat, and enamel that is 
purchased pre-made, that is, it is not formulated onsite by thinning 
another finishing material, has a VHAP content of no more than 1.0 kg 
VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner 
contains no more than 10.0 percent VHAP by weight by maintaining 
certified product data sheets for each coating and thinner; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is 
formulated at the affected source is formulated using a finishing 
material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb 
solids) and a thinner containing no more than 3.0 percent VHAP by 
weight.
    (3) Use a control system with an overall control efficiency (R) such 
that the value of Eac in Equation 2 is no greater than 1.0.

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

    The value of Ebc in Equation 2 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
paragraph (a)(1) of this section, compliant finishing materials, as 
described in paragraph (a)(2) of this section, and a control system, as 
described in paragraph (a)(3) of this section.
    (b) The owner or operator of an affected source subject to Sec.  
63.802(a)(2)(i) shall comply with the provisions by using compliant foam 
adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids (1.8 
lb VHAP/lb solids), as applied.
    (c) The owner or operator of an affected source subject to Sec.  
63.802(a)(2)(ii) shall comply with those provisions by using either of 
the methods presented in Sec.  63.804 (c)(1) and (c)(2).
    (1) Use compliant contact adhesives with a VHAP content no greater 
than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such 
that the value of Gac is no greater than 1.0.

R=[(Gbc-Gac)/Gbc] (100) Equation 3

    (d) The owner or operator of a new affected source subject to Sec.  
63.802(b)(1) may comply with those provisions by using any of the 
following methods:
    (1) Calculate the average VHAP content across all finishing 
materials used at the facility using Equation 1, and maintain a value of 
E no greater than 0.8;
    (2) Use compliant finishing materials according to the following 
criteria:
    (i) Demonstrate that each sealer and topcoat has a VHAP content of 
no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, 
each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 
lb VHAP/lb solids), as applied, and each thinner contains no more than 
10.0 percent VHAP by weight;

[[Page 392]]

    (ii) Demonstrate that each washcoat, basecoat, and enamel that is 
purchased pre-made, that is, it is not formulated onsite by thinning 
another finishing material, has a VHAP content of no more than 0.8 kg 
VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner 
contains no more than 10.0 percent VHAP by weight; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is 
formulated onsite is formulated using a finishing material containing no 
more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a thinner 
containing no more than 3.0 percent HAP by weight.
    (3) Use a control system with an overall control efficiency (R) such 
that the value of Eac in Equation 4 is no greater than 0.8.

R=[(Ebc-Eac)/Ebc](100) Equation 4

    The value of Ebc in Equation 4 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
(d)(1), compliant finishing materials, as described in (d)(2), and a 
control system, as described in (d)(3).
    (e) The owner or operator of a new affected source subject to Sec.  
63.802(b)(2) shall comply with the provisions using either of the 
following methods:
    (1) Use compliant contact adhesives with a VHAP content no greater 
than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such 
that the value of Gac in Equation 3 is no greater than 0.2.
    (f) Initial compliance. (1) Owners or operators of an affected 
source subject to the provisions of Sec.  63.802 (a)(1) or (b)(1) that 
comply through the procedures established in Sec.  63.804 (a)(1) or 
(d)(1) shall submit the results of the averaging calculation (Equation 
1) for the first month with the initial compliance status report 
required by Sec.  63.807(b). The first month's calculation shall include 
data for the entire month in which the compliance date falls. For 
example, if the source's compliance date is November 21, 1997, the 
averaging calculation shall include data from November 1, 1997 to 
November 30, 1997.
    (2) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec.  63.804 (a)(2) or (d)(2) shall submit an 
initial compliance status report, as required by Sec.  63.807(b), 
stating that compliant stains, washcoats, sealers, topcoats, basecoats, 
enamels, and thinners, as applicable, are being used by the affected 
source.
    (3) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec.  63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate initial 
compliance by:
    (i) Submitting an initial compliance status report, as required by 
Sec.  63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir and the VHAP content as 
calculated from records, and compliant thinners are being used; or
    (ii) Submitting an initial compliance status report, as required by 
Sec.  63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir, are being used; the 
viscosity of the coating in the reservoir is being monitored; and 
compliant thinners are being used. The affected source shall also submit 
data that demonstrate that viscosity is an appropriate parameter for 
demonstrating compliance.
    (4) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec.  63.804 (a)(3) or (d)(3) shall 
demonstrate initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating 
parameter to be monitored for the capture device and discusses why each 
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under Sec.  
63.7 using the procedures and test methods listed in Sec. Sec.  63.7 and 
63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the 
procedures in Sec.  63.805 (d) or (e); and

[[Page 393]]

    (iv) Determining those operating conditions critical to determining 
compliance and establishing one or more operating parameters that will 
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion 
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a 
fixed catalyst bed, the minimum gas temperature both upstream and 
downstream of the catalyst bed shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a 
fluidized catalyst bed, the minimum gas temperature upstream of the 
catalyst bed and the pressure drop across the catalyst bed shall be the 
operating parameters.
    (D) For compliance with a carbon adsorber, the operating parameters 
shall be the total regeneration mass stream flow for each regeneration 
cycle and the carbon bed temperature after each regeneration, or the 
concentration level of organic compounds exiting the adsorber, unless 
the owner or operator requests and receives approval from the 
Administrator to establish other operating parameters.
    (E) For compliance with a control device not listed in this section, 
one or more operating parameter values shall be established using the 
procedures identified in Sec.  63.804(g)(4)(vi).
    (v) Owners or operators complying with Sec.  63.804(f)(4) shall 
calculate each site-specific operating parameter value as the arithmetic 
average of the maximum or minimum operating parameter values, as 
appropriate, that demonstrate compliance with the standards, during the 
three test runs required by Sec.  63.805(c)(1).
    (5) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(2) or (b)(2) that comply through the 
procedures established in Sec.  63.804 (b), (c)(1), or (e)(1), shall 
submit an initial compliance status report, as required by Sec.  
63.807(b), stating that compliant contact adhesives are being used by 
the affected source.
    (6) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(2)(ii) or (b)(2) that comply through the 
procedures established in Sec.  63.804 (c)(2) or (e)(2), shall 
demonstrate initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating 
parameter to be monitored for the capture device and discusses why each 
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under Sec.  
63.7 using the procedures and test methods listed in Sec. Sec.  63.7 and 
63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the 
procedures in Sec.  63.805 (d) or (e); and
    (iv) Determining those operating conditions critical to determining 
compliance and establishing one or more operating parameters that will 
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion 
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a 
fixed catalyst bed, the minimum gas temperature both upstream and 
downstream of the catalyst shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a 
fluidized catalyst bed, the minimum gas temperature upstream of the 
catalyst bed and the pressure drop across the catalyst bed shall be the 
operating parameters.
    (v) Owners or operators complying with Sec.  63.804(f)(6) shall 
calculate each site-specific operating parameter value as the arithmetic 
average of the maximum or minimum operating values as appropriate, that 
demonstrate compliance with the standards, during the three test runs 
required by Sec.  63.805(c)(1).
    (7) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(3) or (b)(3) shall submit an initial 
compliance status report, as required by Sec.  63.807(b), stating that 
compliant strippable spray booth coatings are being used by the affected 
source.
    (8) Owners or operators of an affected source subject to the work 
practice standards in Sec.  63.803 shall submit an initial compliance 
status report, as required by Sec.  63.807(b), stating that the work 
practice implementation plan has

[[Page 394]]

been developed and procedures have been established for implementing the 
provisions of the plan.
    (g) Continuous compliance demonstrations. (1) Owners or operators of 
an affected source subject to the provisions of Sec.  63.802 (a)(1) or 
(b)(1) that comply through the procedures established in Sec.  63.804 
(a)(1) or (d)(1) shall demonstrate continuous compliance by submitting 
the results of the averaging calculation (Equation 1) for each month 
within that semiannual period and submitting a compliance certification 
with the semiannual report required by Sec.  63.807(c).
    (i) The compliance certification shall state that the value of (E), 
as calculated by Equation 1, is no greater than 1.0 for existing sources 
or 0.8 for new sources. An affected source is in violation of the 
standard if E is greater than 1.0 for existing sources or 0.8 for new 
sources for any month. A violation of the monthly average is a separate 
violation of the standard for each day of operation during the month, 
unless the affected source can demonstrate through records that the 
violation of the monthly average can be attributed to a particular day 
or days during the period.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (2) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec.  63.804 (a)(2) or (d)(2) shall 
demonstrate continuous compliance by using compliant coatings and 
thinners, maintaining records that demonstrate the coatings and thinners 
are compliant, and submitting a compliance certification with the 
semiannual report required by Sec.  63.807(c).
    (i) The compliance certification shall state that compliant stains, 
washcoats, sealers, topcoats, basecoats, enamels, and thinners, as 
applicable, have been used each day in the semiannual reporting period 
or should otherwise identify the periods of noncompliance and the 
reasons for noncompliance. An affected source is in violation of the 
standard whenever a noncompliant coating, as demonstrated by records or 
by a sample of the coating, is used.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (3) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec.  63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate continuous 
compliance by following the procedures in paragraph (g)(3) (i) or (ii) 
of this section.
    (i) Using compliant coatings, as determined by the VHAP content of 
the coating in the reservoir and the VHAP content as calculated from 
records, using compliant thinners, and submitting a compliance 
certification with the semiannual report required by Sec.  63.807(c).
    (A) The compliance certification shall state that compliant coatings 
have been used each day in the semiannual reporting period, or should 
otherwise identify the days of noncompliance and the reasons for 
noncompliance. An affected source is in violation of the standard 
whenever a noncompliant coating, as determined by records or by a sample 
of the coating, is used. Use of a noncompliant coating is a separate 
violation for each day the noncompliant coating is used.
    (B) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (ii) Using compliant coatings, as determined by the VHAP content of 
the coating in the reservoir, using compliant thinners, maintaining a 
viscosity of the coating in the reservoir that is no less than the 
viscosity of the initial coating by monitoring the viscosity with a 
viscosity meter or by testing the viscosity of the initial coating and 
retesting the coating in the reservoir each time solvent is added, 
maintaining records of solvent additions, and submitting a compliance 
certification with the semiannual report required by Sec.  63.807(c).
    (A) The compliance certification shall state that compliant 
coatings, as determined by the VHAP content of

[[Page 395]]

the coating in the reservoir, have been used each day in the semiannual 
reporting period. Additionally, the certification shall state that the 
viscosity of the coating in the reservoir has not been less than the 
viscosity of the initial coating, that is, the coating that is initially 
mixed and placed in the reservoir, for any day in the semiannual 
reporting period.
    (B) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (C) An affected source is in violation of the standard when a sample 
of the as-applied coating exceeds the applicable limit established in 
Sec.  63.804 (a)(2) or (d)(2), as determined using EPA Method 311, or 
the viscosity of the coating in the reservoir is less than the viscosity 
of the initial coating.
    (4) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec.  63.804 (a)(3) or (d)(3) shall 
demonstrate continuous compliance by installing, calibrating, 
maintaining, and operating the appropriate monitoring equipment 
according to manufacturer's specifications. The owner or operator shall 
also submit the excess emissions and continuous monitoring system 
performance report and summary report required by Sec.  63.807(d) and 
Sec.  63.10(e) of subpart A.
    (i) Where a capture/control device is used, a device to monitor each 
site-specific operating parameter established in accordance with Sec.  
63.804(f)(6)(i) is required.
    (ii) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring 
device shall be installed in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed 
is used, temperature monitoring devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst 
bed is used, a temperature monitoring device shall be installed in the 
gas stream immediately before the bed. In addition, a pressure 
monitoring device shall be installed to determine the pressure drop 
across the catalyst bed. The pressure drop shall be measured monthly at 
a constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total 
regeneration stream mass flow for each regeneration cycle; and a carbon 
bed temperature monitoring device, having an accuracy of 1 percent of the temperature being monitored or 0.5 [deg]C, whichever is greater, and capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec.  63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator who uses a control device not listed in 
Sec.  63.804(f)(4) shall submit, for the Administrator's approval, a 
description of the device, test data verifying performance, and 
appropriate site-specific operating parameters that will be monitored to 
demonstrate continuous compliance with the standard.

[[Page 396]]

    (5) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(2) (i) or (ii) or (b)(2) that comply 
through the procedures established in Sec.  63.804 (b), (c)(1), or 
(e)(1), shall submit a compliance certification with the semiannual 
report required by Sec.  63.807(c).
    (i) The compliance certification shall state that compliant contact 
and/or foam adhesives have been used each day in the semiannual 
reporting period, or should otherwise identify each day noncompliant 
contact and/or foam adhesives were used. Each day a noncompliant contact 
or foam adhesive is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (6) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(2)(ii) or (b)(2) that comply through the 
procedures established in Sec.  63.804 (c)(2) or (e)(2), shall 
demonstrate continuous compliance by installing, calibrating, 
maintaining, and operating the appropriate monitoring equipment 
according to the manufacturer's specifications. The owner or operator 
shall also submit the excess emissions and continuous monitoring system 
performance report and summary report required by Sec.  63.807(d) and 
Sec.  63.10(e) of subpart A of this part.
    (i) Where a capture/control device is used, a device to monitor each 
site-specific operating parameter established in accordance with Sec.  
63.804(f)(6)(i) is required.
    (ii) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring 
device shall be installed in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed 
is used, temperature monitoring devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst 
bed is used, a temperature monitoring device shall be installed in the 
gas stream immediately before the bed. In addition, a pressure 
monitoring device shall be installed to measure the pressure drop across 
the catalyst bed. The pressure drop shall be measured monthly at a 
constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total 
regeneration stream mass flow for each regeneration cycle; and a carbon 
bed temperature monitoring device, having an accuracy of 1 percent of the temperature being monitored or 0.5 [deg]C, whichever is greater, and capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec.  63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator using a control device not listed in this 
section shall submit to the Administrator a description of the device, 
test data verifying the performance of the device, and appropriate 
operating parameter values that will be monitored to demonstrate 
continuous compliance with the standard. Compliance using

[[Page 397]]

this device is subject to the Administrator's approval.
    (7) Owners or operators of an affected source subject to the 
provisions of Sec.  63.802 (a)(3) or (b)(3) shall submit a compliance 
certification with the semiannual report required by Sec.  63.807(c).
    (i) The compliance certification shall state that compliant 
strippable spray booth coatings have been used each day in the 
semiannual reporting period, or should otherwise identify each day 
noncompliant materials were used. Each day a noncompliant strippable 
booth coating is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (8) Owners or operators of an affected source subject to the work 
practice standards in Sec.  63.803 shall submit a compliance 
certification with the semiannual report required by Sec.  63.807(c).
    (i) The compliance certification shall state that the work practice 
implementation plan is being followed, or should otherwise identify the 
provisions of the plan that have not been implemented and each day the 
provisions were not implemented. During any period of time that an owner 
or operator is required to implement the provisions of the plan, each 
failure to implement an obligation under the plan during any particular 
day is a violation.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (9) Continuous compliance requirements. You must demonstrate 
continuous compliance with the emissions standards and operating limits 
by using the performance test methods and procedures in Sec.  63.805 for 
each affected source.
    (i) General requirements. (A) You must monitor and collect data, and 
provide a site specific monitoring plan as required by Sec. Sec.  
63.804, 63.806 and 63.807.
    (B) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must operate the monitoring system and collect data at all required 
intervals at all times the affected source is operating and periods of 
malfunction. Any period for which data collection is required and the 
operation of the CEMS is not otherwise exempt and for which the 
monitoring system is out-of-control and data are not available for 
required calculations constitutes a deviation from the monitoring 
requirements.
    (C) You may not use data recorded during monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, or 
required monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. A monitoring 
system malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. The owner or operator must use all the 
data collected during all other periods in assessing the operation of 
the control device and associated control system.
    (ii) [Reserved]
    (h) The owner or operator of an existing or new affected source 
subject to Sec.  63.802(a)(4) or (b)(4) shall comply with those 
provisions by using either of the methods presented in Sec.  
63.804(h)(1) and (2) if complying with Sec.  63.802(a)(4)(i) or 
(b)(4)(i) or by using the method presented in Sec.  63.804(h)(3) if 
complying with Sec.  63.802(a)(4)(ii) or (b)(4)(ii).
    (1) Calculate total formaldehyde emissions from all finishing 
materials and contact adhesives used at the facility using Equation 5 
and maintain a value of Ftotal no more than 400 pounds per 
rolling 12 month period.

[[Page 398]]

[GRAPHIC] [TIFF OMITTED] TR21NO11.000

    (2) Use a control system with an overall control efficiency (R) such 
that the calculated value of Ftotal in Equation 6 is no more 
than 400 pounds per rolling 12 month period.
[GRAPHIC] [TIFF OMITTED] TR21NO11.001

    (3) Demonstrate compliance by use of coatings and contact adhesives 
only if they are low-formaldehyde coatings and contact adhesives 
maintaining a certified product data sheet for each coating and contact 
adhesive used, as required by Sec.  63.806(b)(1), and submitting a 
compliance certification with the semiannual report required by Sec.  
63.807(c).
    (i) The compliance certification shall state that low-formaldehyde 
coatings and contact adhesives, as applicable, have been used each day 
in the semiannual reporting period or should otherwise identify the 
periods of noncompliance and the reasons for noncompliance. An affected 
source is in violation of the standard whenever a coating or contact 
adhesive that is not low-formaldehyde, as demonstrated by records or by 
a sample of the coating or contact adhesive, is used. Use of a 
noncompliant coating or contact adhesive is a separate violation for 
each day the noncompliant coating or contact adhesive is used.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011]



Sec.  63.805  Performance test methods.

    (a)(1) The EPA Method 311 of appendix A of part 63 shall be used in 
conjunction with formulation data to determine the VHAP content of the 
liquid coating. Formulation data shall be used to identify VHAP present 
in the coating. The EPA Method 311 shall then be used to quantify those 
VHAP identified through formulation data. The EPA Method 311 shall not 
be used to quantify HAP such as styrene and formaldehyde that are 
emitted during the cure. The EPA Method 24 (40 CFR part 60, appendix A) 
shall be used to determine the solids content by weight and the density 
of coatings. If it is demonstrated to the satisfaction of the 
Administrator that a coating does not release VOC or HAP byproducts 
during the cure, for example, all VOC and HAP present in the coating is 
solvent, then batch formulation information shall be accepted. The owner 
or operator of an affected source may request approval from the 
Administrator to use an alternative method for determining the VHAP 
content of the coating. In the event of any inconsistency between the 
EPA Method 24 or Method 311 test data and a facility's formulation data, 
that is, if the EPA Method 24/311 value is higher, the EPA Method 24/311 
test shall govern unless after consultation, a regulated source could 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data were correct. Sampling procedures shall follow the 
guidelines presented in ``Standard Procedures for Collection of Coating 
and Ink Samples for VOC Content Analysis by Reference Method 24 and 
Reference Method 24A,'' EPA-340/1-91-010. (Docket No. A-93-10, Item No. 
IV-A-1).
    (2) Performance tests shall be conducted under such conditions as 
the Administrator specifies to the owner or

[[Page 399]]

operator based on representative performance of the affected source for 
the period being tested. Upon request, the owner or operator shall make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (b) Owners or operators demonstrating compliance in accordance with 
Sec.  63.804 (f)(4) or (f)(6) and Sec.  63.804 (g)(4) or (g)(6), or 
complying with any of the other emission limits of Sec.  63.802 by 
operating a capture or control device shall determine the overall 
control efficiency of the control system (R) as the product of the 
capture and control device efficiency, using the test methods cited in 
Sec.  63.805(c) and the procedures in Sec.  63.805 (d) or (e).
    (c) When an initial compliance demonstration is required by Sec.  
63.804 (f)(4) or (f)(6) of this subpart, the procedures in paragraphs 
(c)(1) through (c)(6) of this section shall be used in determining 
initial compliance with the provisions of this subpart.
    (1) The EPA Method 18 (40 CFR part 60, appendix A) shall be used to 
determine the HAP concentration of gaseous air streams. The test shall 
consist of three separate runs, each lasting a minimum of 30 minutes.
    (2) The EPA Method 1 or 1A (40 CFR part 60, appendix A) shall be 
used for sample and velocity traverses.
    (3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, appendix A) 
shall be used to measure velocity and volumetric flow rates.
    (4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to 
analyze the exhaust gases.
    (5) The EPA Method 4 (40 CFR part 60, appendix A) shall be used to 
measure the moisture in the stack gas.
    (6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (d) Each owner or operator of an affected source demonstrating 
compliance in accordance with Sec.  63.804 (f)(4) or (f)(6) shall 
perform a gaseous emission test using the following procedures:
    (1) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP emissions can be accurately 
determined by the applicable test methods specified in Sec.  63.805(c) 
(1) through (6);
    (2) Determine capture efficiency from the affected emission point(s) 
by capturing, venting, and measuring all HAP emissions from the affected 
emission point(s). During a performance test, the owner or operator 
shall isolate affected emission point(s) located in an area with other 
nonaffected gaseous emission sources from all other gaseous emission 
point(s) by any of the following methods:
    (i) Build a temporary total enclosure (see Sec.  63.801) around the 
affected emission point(s); or
    (ii) Use the building that houses the process as the enclosure (see 
Sec.  63.801);
    (iii) Use any alternative protocol and test method provided they 
meet either the requirements of the data quality objective (DQO) 
approach or the lower confidence level (LCL) approach (see Sec.  
63.801);
    (iv) Shut down all nonaffected HAP emission point(s) and continue to 
exhaust fugitive emissions from the affected emission point(s) through 
any building ventilation system and other room exhausts such as drying 
ovens. All exhaust air must be vented through stacks suitable for 
testing; or
    (v) Use another methodology approved by the Administrator provided 
it complies with the EPA criteria for acceptance under part 63, appendix 
A, Method 301.
    (3) Operate the control device with all affected emission points 
that will subsequently be delivered to the control device connected and 
operating at maximum production rate;
    (4) Determine the efficiency (F) of the control device using the 
following equation:

[[Page 400]]

[GRAPHIC] [TIFF OMITTED] TR07DE95.000

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

    (6) For each affected source complying with Sec.  63.802(a)(1) in 
accordance with Sec.  63.804(a)(3), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Eac in Equation 2 is no greater than 1.0.
    (7) For each new affected source complying with Sec.  63.802(b)(1) 
in accordance with Sec.  63.804(d)(3), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Eac in Equation 4 is no greater than 0.8.
    (8) For each affected source complying with Sec.  63.802(a)(2)(ii) 
in accordance with Sec.  63.804(c)(2), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Gac in Equation 3 is no greater than 1.0.
    (9) For each new affected source complying with Sec.  63.802(b)(2) 
in accordance with Sec.  63.804(e)(2), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Gac in Equation 3 is no greater than 0.2.
    (e) An alternative method to the compliance method in Sec.  
63.805(d) is the installation of a permanent total enclosure around the 
affected emission point(s). A permanent total enclosure presents prima 
facia evidence that all HAP emissions from the affected emission 
point(s) are directed to the control device. Each affected source that 
complies using a permanent total enclosure shall:
    (1) Demonstrate that the total enclosure meets the requirements in 
paragraphs (e)(1) (i) through (iv). The owner or operator of an 
enclosure that does not meet these requirements may apply to the 
Administrator for approval of the enclosure as a total enclosure on a 
case-by-case basis. The enclosure shall be considered a total enclosure 
if it is demonstrated to the satisfaction of the Administrator that all 
HAP emissions from the affected emission point(s) are contained and 
vented to the control device. The requirements for automatic approval 
are as follows:
    (i) The total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (ii) All sources of emissions within the enclosure shall be a 
minimum of four equivalent diameters away from each natural draft 
opening;
    (iii) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (A) All forced makeup air ducts and all exhaust ducts are 
constructed so

[[Page 401]]

that the volumetric flow rate in each can be accurately determined by 
the test methods specified in Sec.  63.805 (c)(2) and (3). Volumetric 
flow rates shall be calculated without the adjustment normally made for 
moisture content; and
    (B) Determine FV by the following equation:
    [GRAPHIC] [TIFF OMITTED] TR07DE95.002
    
    (iv) All access doors and windows whose areas are not included as 
natural draft openings and are not included in the calculation of FV 
shall be closed during routine operation of the process.
    (2) Determine the control device efficiency using Equation (5), and 
the test methods and procedures specified in Sec.  63.805 (c)(1) through 
(6).
    (3) For each affected source complying with Sec.  63.802(a)(1) in 
accordance with Sec.  63.804(a)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Eac in Equation 2 is no greater than 1.0.
    (4) For each new affected source complying with Sec.  63.802(b)(1) 
in accordance with Sec.  63.804(d)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Eac in Equation 4 is no greater than 0.8.
    (5) For each affected source complying with Sec.  63.802(a)(2)(ii) 
in accordance with Sec.  63.804(c)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Gac in Equation 3 is no greater than 1.0.
    (6) For each new affected source complying with Sec.  63.802(b)(2) 
in accordance with Sec.  63.804(e)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Gac in Equation 3 is no greater than 0.2.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011]



Sec.  63.806  Recordkeeping requirements.

    (a) The owner or operator of an affected source subject to this 
subpart shall fulfill all recordkeeping requirements of Sec.  63.10 of 
subpart A, according to the applicability criteria in Sec.  63.800(d) of 
this subpart.
    (b) The owner or operator of an affected source subject to the 
emission limits in Sec.  63.802 of this subpart shall maintain records 
of the following:
    (1) A certified product data sheet for each finishing material, 
thinner, contact adhesive, and strippable spray booth coating subject to 
the emission limits in Sec.  63.802; and
    (2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as 
applied, of each finishing material and contact adhesive subject to the 
emission limits in Sec.  63.802; and
    (3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as 
applied, of each strippable booth coating subject to the emission limits 
in Sec.  63.802 (a)(3) or (b)(3).
    (4) The formaldehyde content, in lb/gal, as applied, of each 
finishing material and contact adhesive subject to the

[[Page 402]]

emission limits in Sec.  63.802(a)(4) or (b)(4) and chooses to comply 
with the 400 lb/yr limits on formaldehyde in Sec.  63.802(a)(4) (i) or 
(b)(4)(i).
    (c) The owner or operator of an affected source following the 
compliance method in Sec.  63.804 (a)(1) or (d)(1) shall maintain copies 
of the averaging calculation for each month following the compliance 
date, as well as the data on the quantity of coatings and thinners used 
that is necessary to support the calculation of E in Equation 1.
    (d) The owner or operator of an affected source following the 
compliance procedures of Sec.  63.804 (f)(3)(ii) and (g)(3)(ii) shall 
maintain the records required by Sec.  63.806(b) as well as records of 
the following:
    (1) Solvent and coating additions to the continuous coater 
reservoir;
    (2) Viscosity measurements; and
    (3) Data demonstrating that viscosity is an appropriate parameter 
for demonstrating compliance.
    (e) The owner or operator of an affected source subject to the work 
practice standards in Sec.  63.803 of this subpart shall maintain onsite 
the work practice implementation plan and all records associated with 
fulfilling the requirements of that plan, including, but not limited to:
    (1) Records demonstrating that the operator training program 
required by Sec.  63.803(b) is in place;
    (2) Records collected in accordance with the inspection and 
maintenance plan required by Sec.  63.803(c);
    (3) Records associated with the cleaning solvent accounting system 
required by Sec.  63.803(d);
    (4) [Reserved]
    (5) Records associated with the formulation assessment plan required 
by Sec.  63.803(l); and
    (6) Copies of documentation such as logs developed to demonstrate 
that the other provisions of the work practice implementation plan are 
followed.
    (f) The owner or operator of an affected source following the 
compliance method of Sec.  63.804 (f)(4) or (g)(4) shall maintain copies 
of the calculations demonstrating that the overall control efficiency 
(R) of the control system results in the value of Eac 
required by Equations 2 or 4, records of the operating parameter values, 
and copies of the semiannual compliance reports required by Sec.  
63.807(d).
    (g) The owner or operator of an affected source following the 
compliance method of Sec.  63.804 (f)(6) or (g)(6), shall maintain 
copies of the calculations demonstrating that the overall control 
efficiency (R) of the control system results in the applicable value of 
Gac calculated using Equation 3, records of the operating 
parameter values, and copies of the semiannual compliance reports 
required by Sec.  63.807(d).
    (h) The owner or operator of an affected source subject to the 
emission limits in Sec.  63.802 and following the compliance provisions 
of Sec.  63.804(f) (1), (2), (3), (5), (7) and (8) and Sec.  63.804(g) 
(1), (2), (3), (5), (7), and (8) shall maintain records of the 
compliance certifications submitted in accordance with Sec.  63.807(c) 
for each semiannual period following the compliance date.
    (i) The owner or operator of an affected source shall maintain 
records of all other information submitted with the compliance status 
report required by Sec.  63.9(h) and Sec.  63.807(b) and the semiannual 
reports required by Sec.  63.807(c).
    (j) The owner or operator of an affected source shall maintain all 
records in accordance with the requirements of Sec.  63.10(b)(1).
    (k) The owner or operator of an affected source subject to this 
subpart shall maintain records of the occurrence and duration of each 
malfunction of operation (i.e., process equipment) or the air pollution 
control equipment and monitoring equipment. The owner or operator shall 
maintain records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.802(c), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011]



Sec.  63.807  Reporting requirements.

    (a) The owner or operator of an affected source subject to this 
subpart shall fulfill all reporting requirements of Sec.  63.7 through 
Sec.  63.10 of subpart A (General Provisions) according to the 
applicability criteria in Sec.  63.800(d) of this subpart.

[[Page 403]]

    (b) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec.  63.804(f) (1), (2), (3), (5), (7) 
and (8) shall submit the compliance status report required by Sec.  
63.9(h) of subpart A (General Provisions) no later than 60 days after 
the compliance date. The report shall include the information required 
by Sec.  63.804(f) (1), (2), (3), (5), (7), and (8) of this subpart.
    (c) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec.  63.804(g)(1), (2), (3), (5), (7), 
(8), (h)(1), and (h)(3) shall submit a report covering the previous 6 
months of wood furniture manufacturing operations.
    (1) The first report shall be submitted 30 calendar days after the 
end of the first 6-month period following the compliance date.
    (2) Subsequent reports shall be submitted 30 calendar days after the 
end of each 6-month period following the first report.
    (3) The semiannual reports shall include the information required by 
Sec.  63.804(g) (1), (2), (3), (5), (7), (8), (h)(1), and (h)(3), a 
statement of whether the affected source was in compliance or 
noncompliance, and, if the affected source was in noncompliance, the 
measures taken to bring the affected source into compliance. If there 
was a malfunction during the reporting period, the report shall also 
include the number, duration and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec.  63.802(c), including actions taken to 
correct a malfunction.
    (4) The frequency of the reports required by paragraph (c) of this 
section shall not be reduced from semiannually regardless of the history 
of the owner's or operator's compliance status.
    (d) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec.  63.804(g)(4), (6), and (h)(2) of 
this subpart shall submit the excess emissions and continuous monitoring 
system performance report and summary report required by Sec.  63.10(e) 
of subpart A. The report shall include the monitored operating parameter 
values required by Sec.  63.804(g) (4) and (6). If the source 
experiences excess emissions, the report shall be submitted quarterly 
for at least 1 year after the excess emissions occur and until a request 
to reduce reporting frequency is approved, as indicated in Sec.  
63.10(e)(3)(C). If no excess emissions occur, the report shall be 
submitted semiannually.
    (e) The owner or operator of an affected source required to provide 
a written notification under Sec.  63.803(1)(4) shall include in the 
notification one or more statements that explains the reasons for the 
usage increase. The notification shall be submitted no later than 30 
calendar days after the end of the annual period in which the usage 
increase occurred.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011]



Sec.  63.808  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.800, 63.802, and

[[Page 404]]

63.803(a)(1), (b), (c) introductory text, and (d) through (l).
    (2) Approval of alternatives to the monitoring and compliance 
requirements in Sec. Sec.  63.804(f)(4)(iv)(D) and (E), 
63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi).
    (3) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart, as well as approval of any alternatives to the specific 
test methods under Sec. Sec.  63.805(a), 63.805(d)(2)(v), and 
63.805(e)(1).
    (4) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]



Sec. Sec.  63.809-63.819  [Reserved]



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

------------------------------------------------------------------------
                                  Applies to
          Reference               subpart JJ             Comment
------------------------------------------------------------------------
63.1(a).....................  Yes
63.1(b)(1)..................  No...............  Subpart JJ specifies
                                                  applicability.
63.1(b)(2)..................  Yes
63.1(b)(3)..................  Yes
63.1(c)(1)..................  No...............  Subpart JJ specifies
                                                  applicability.
63.1(c)(2)..................  No...............  Area sources are not
                                                  subject to subpart JJ.
63.1(c)(4)..................  Yes
63.1(c)(5)..................  Yes
63.1(c)(6)..................  Yes..............
63.1(e).....................  Yes
63.2........................  Yes..............  Additional terms are
                                                  defined in 63.801(a)
                                                  of subpart JJ. When
                                                  overlap between
                                                  subparts A and JJ
                                                  occurs, subpart JJ
                                                  takes precedence.
63.3........................  Yes..............  Other units used in
                                                  subpart JJ are defined
                                                  in 63.801(b).
63.4........................  Yes
63.5........................  Yes
63.6(a).....................  Yes
63.6(b)(1)..................  Yes
63.6(b)(2)..................  Yes
63.6(b)(3)..................  Yes
63.6(b)(4)..................  No...............  May apply when
                                                  standards are proposed
                                                  under Section 112(f)
                                                  of the CAA.
63.6(b)(5)..................  Yes
63.6(b)(7)..................  Yes
63.6(c)(1)..................  Yes
63.6(c)(2)..................  No
63.6(c)(5)..................  Yes
63.6(e)(1)(i)...............  No...............  See Sec.   63.802(c)
                                                  for general duty
                                                  requirement.
63.6(e)(1)(ii)..............  No.
63.6(e)(1)(iii).............  Yes.
63.6(e)(2)..................  No...............  Section reserved.
63.6(e)(3)..................  No.
63.6(f)(1)..................  No...............  Affected sources
                                                  complying through the
                                                  procedures specified
                                                  in 63.804 (a)(1),
                                                  (a)(2), (b), (c)(1),
                                                  (d)(1), (d)(2),
                                                  (e)(1), and (e)(2) are
                                                  subject to the
                                                  emission standards at
                                                  all times, including
                                                  periods of startup,
                                                  shutdown, and
                                                  malfunction.
63.6(f)(2)..................  Yes
63.6(f)(3)..................  Yes
63.6(g).....................  Yes
63.6(h).....................  No...............
63.6 (i)(1)-(i)(3)..........  Yes
63.6(i)(4)(i)...............  Yes
63.6(i)(4)(ii)..............  No...............
63.6 (i)(5)-(i)(14).........  Yes
63.6(i)(16).................  Yes
63.6(j).....................  Yes
63.7(a)-(d).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.7(e)(1)..................  No...............  See Sec.
                                                  63.805(a)(1).
63.7(e)(2)-(e)(4)...........  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(a)-(b).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(c)(1)(i)...............  No.
63.8(c)(1)(ii)..............  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(c)(1)(iii).............  No.
63.8(c)(2)-(d)(2)...........  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.

[[Page 405]]

 
63.8(d)(3)..................  Yes, except for    Applies only to
                               last sentence.     affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(e)-(g).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(a).....................  Yes
63.9(b).....................  Yes..............  Existing sources are
                                                  required to submit
                                                  initial notification
                                                  report within 270 days
                                                  of the effective date
                                                  or no later than 120
                                                  days after the source
                                                  becomes subject to
                                                  this subpart,
                                                  whichever is later.
63.9(c).....................  Yes
63.9(d).....................  Yes
63.9(e).....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(f).....................  No
63.9(g).....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(h).....................  Yes..............  63.9(h)(2)(ii) applies
                                                  only to affected
                                                  sources using a
                                                  control device to
                                                  comply with the rule.
63.9(i).....................  Yes
63.9(j).....................  Yes
63.9(k).....................  Yes..............  Only as specified in
                                                  63.9(j).
63.10(a)....................  Yes
63.10(b)(1).................  Yes
63.10(b)(2)(i)..............  No.
63.10(b)(2)(ii).............  No...............  See Sec.   63.806(k)
                                                  for recordkeeping of
                                                  occurrence and
                                                  duration of
                                                  malfunctions and
                                                  recordkeeping of
                                                  actions taken during
                                                  malfunctions.
63.10(b)(2)(iii)............  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(b)(2)(iv)-(b)(2)(v)...  No.
63.10(b)(2)(vi)-(b)(2)(xiv).  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(b)(3).................  Yes
63.10(c)(1)-(9).............  Yes.
63.10(c)(10)-(11)...........  No...............  See Sec.   63.806(k)
                                                  for recordkeeping of
                                                  malfunctions.
63.10(c)(12)-(14)...........  Yes.
63.10(c)(15)................  No.
63.10(d)(1).................  Yes
63.10(d)(2).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(d)(3).................  No
63.10(d)(4).................  Yes
63.10(d)(5).................  No...............  See Sec.   63.807(c)(3)
                                                  for reporting of
                                                  malfunctions.
63.10(e)....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(f)....................  Yes
63.11.......................  No
63.12-63.15.................  Yes
------------------------------------------------------------------------


[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011; 85 
FR 73895, Nov. 19, 2020]



 Sec. Table 2 to Subpart JJ of Part 63--List of Volatile Hazardous Air 
                               Pollutants

------------------------------------------------------------------------
                        Chemical name                           CAS No.
------------------------------------------------------------------------
Acetaldehyde.................................................      75070
Acetamide....................................................      60355
Acetonitrile.................................................      75058
Acetophenone.................................................      98862
2-Acetylaminofluorine........................................      53963
Acrolein.....................................................     107028
Acrylamide...................................................      79061
Acrylic acid.................................................      79107
Acrylonitrile................................................     107131
Allyl chloride...............................................     107051
4-Aminobiphenyl..............................................      92671
Aniline......................................................      62533
o-Anisidine..................................................      90040
Benzene......................................................      71432
Benzidine....................................................      92875
Benzotrichloride.............................................      98077
Benzyl chloride..............................................     100447
Biphenyl.....................................................      92524
Bis (2-ethylhexyl) phthalate (DEHP)..........................     117817
Bis (chloromethyl) ether.....................................     542881
Bromoform....................................................      75252
1,3-Butadiene................................................     106990
Carbon disulfide.............................................      75150
Carbon tetrachloride.........................................      56235
Carbonyl sulfide.............................................     463581
Catechol.....................................................     120809
Chloroacetic acid............................................      79118
2-Chloroacetophenone.........................................     532274
Chlorobenzene................................................     108907
Chloroform...................................................      67663
Chloromethyl methyl ether....................................     107302
Chloroprene..................................................     126998
Cresols (isomers and mixture)................................    1319773
o-Cresol.....................................................      95487
m-Cresol.....................................................     108394
p-Cresol.....................................................     106445
Cumene.......................................................      98828
2,4-D (2,4-Dichlorophenoxyacetic acid, including salts and         94757
 esters).....................................................
DDE (1,1-Dichloro-2,2-bis(p-chlorophenyl)ethylene)...........      72559
Diazomethane.................................................     334883
Dibenzofuran.................................................     132649
1,2-Dibromo-3-chloropropane..................................      96128
Dibutylphthalate.............................................      84742
1,4-Dichlorobenzene..........................................     106467
3,3'-Dichlorobenzidine.......................................      91941
Dichloroethyl ether (Bis(2-chloroethyl)ether)................     111444
1,3-Dichloropropene..........................................     542756

[[Page 406]]

 
Diethanolamine...............................................     111422
N,N-Dimethylaniline..........................................     121697
Diethyl sulfate..............................................      64675
3,3'-Dimethoxybenzidine......................................     119904
4-Dimethylaminoazobenzene....................................      60117
3,3'-Dimethylbenzidine.......................................     119937
Dimethylcarbamoyl chloride...................................      79447
N,N-Dimethylformamide........................................      68122
1,1-Dimethylhydrazine........................................      57147
Dimethyl phthalate...........................................     131113
Dimethyl sulfate.............................................      77781
4,6-Dinitro-o-cresol, and salts..............................     534521
2,4-Dinitrophenol............................................      51285
2,4-Dinitrotoluene...........................................     121142
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
1,2-Diphenylhydrazine........................................     122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane)..................     106898
1,2-Epoxybutane..............................................     106887
Ethyl acrylate...............................................     140885
Ethylbenzene.................................................     100414
Ethyl carbamate (Urethane)...................................      51796
Ethyl chloride (Chloroethane)................................      75003
Ethylene dibromide (Dibromoethane)...........................     106934
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Ethylene glycol..............................................     107211
Ethylene oxide...............................................      75218
Ethylenethiourea.............................................      96457
Ethylidene dichloride (1,1-Dichloroethane)...................      75343
Formaldehyde.................................................      50000
Glycolethers \a\.............................................  .........
Hexachlorobenzene............................................     118741
Hexachloro-1,3-butadiene.....................................      87683
Hexachloroethane.............................................      67721
Hexamethylene-1,6-diisocyanate...............................     822060
Hexamethylphosphoramide......................................     680319
Hexane.......................................................     110543
Hydrazine....................................................     302012
Hydroquinone.................................................     123319
Isophorone...................................................      78591
Maleic anhydride.............................................     108316
Methanol.....................................................      67561
Methyl bromide (Bromomethane)................................      74839
Methyl chloride (Chloromethane)..............................      74873
Methyl chloroform (1,1,1-Trichloroethane)....................      71556
Methyl ethyl ketone (2-Butanone).............................      78933
Methylhydrazine..............................................      60344
Methyl iodide (Iodomethane)..................................      74884
Methyl isobutyl ketone (Hexone)..............................     108101
Methyl isocyanate............................................     624839
Methyl methacrylate..........................................      80626
Methyl tert-butyl ether......................................    1634044
4,4'-Methylenebis (2-chloroaniline)..........................     101144
Methylene chloride (Dichloromethane).........................      75092
4,4'-Methylenediphenyl diisocyanate (MDI)....................     101688
4,4'-Methylenedianiline......................................     101779
Naphthalene..................................................      91203
Nitrobenzene.................................................      98953
4-Nitrobiphenyl..............................................      92933
4-Nitrophenol................................................     100027
2-Nitropropane...............................................      79469
N-Nitroso-N-methylurea.......................................     684935
N-Nitrosodimethylamine.......................................      62759
N-Nitrosomorpholine..........................................      59892
Phenol.......................................................     108952
p-Phenylenediamine...........................................     106503
Phosgene.....................................................      75445
Phthalic anhydride...........................................      85449
Polychlorinated biphenyls (Aroclors).........................    1336363
Polycyclic Organic Matter \b\................................  .........
1,3-Propane sultone..........................................    1120714
beta-Propiolactone...........................................      57578
Propionaldehyde..............................................     123386
Propoxur (Baygon)............................................     114261
Propylene dichloride (1,2-Dichloropropane)...................      78875
Propylene oxide..............................................      75569
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Quinone......................................................     106514
Styrene......................................................     100425
Styrene oxide................................................      96093
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
1,1,2,2-Tetrachloroethane....................................      79345
Tetrachloroethylene (Perchloroethylene)......................     127184
Toluene......................................................     108883
2,4-Toluenediamine...........................................      95807
Toluene-2,4-diisocyanate.....................................     584849
o-Toluidine..................................................      95534
1,2,4-Trichlorobenzene.......................................     120821
1,1,2-Trichloroethane........................................      79005
Trichloroethylene............................................      79016
2,4,5-Trichlorophenol........................................      95954
2,4,6-Trichlorophenol........................................      88062
Triethylamine................................................     121448
Trifluralin..................................................    1582098
2,2,4-Trimethylpentane.......................................     540841
Vinyl acetate................................................     108054
Vinyl bromide................................................     593602
Vinyl chloride...............................................      75014
Vinylidene chloride (1,1-Dichloroethylene)...................      75354
Xylenes (isomers and mixture)................................    1330207
o-Xylene.....................................................      95476
m-Xylene.....................................................     108383
p-Xylene.....................................................     106423
------------------------------------------------------------------------
\a\ Includes mono- and di-ethers of ethylene glycol, diethylene glycols
  and triethylene glycol; R-(OCH2CH2) RR-OR where:
n = 1, 2, or 3,
R = alkyl or aryl groups
R'= R, H, or groups which, when removed, yield glycol ethers with the
  structure: R-(OCH2CH2)n--OH. Polymers are excluded from the glycol
  category.
\b\ Includes organic compounds with more than one benzene ring, and
  which have a boiling point greater than or equal to 100[deg]C.


[63 FR 71381, Dec. 28, 1998]



    Sec. Table 3 to Subpart JJ of Part 63--Summary of Emission Limits

------------------------------------------------------------------------
                                                  Existing
                Emission point                     source     New source
------------------------------------------------------------------------
Finishing Operations:
  (a) Achieve a weighted average VHAP content         a 1.0        a 0.8
   across all coatings (maximum kg VHAP/kg
   solids [lb VHAP/lb solids], as applied.....
  (b) Use compliant finishing materials
   (maximum kg VHAP/kg solids [lb VHAP/lb
   solids], as applied):
      --stains................................        a 1.0        a 1.0
      --washcoats.............................      a b 1.0      a b 0.8
      --sealers...............................        a 1.0        a 0.8
      --topcoats..............................        a 1.0        a 0.8

[[Page 407]]

 
      --basecoats.............................      a b 1.0      a b 0.8
      --enamels...............................      a b 1.0      a b 0.8
      --thinners (maximum percent VHAP                 10.0         10.0
       allowable); or.........................
  (c) As an alternative, use control device;          c 1.0        c 0.8
   or.........................................
  (d) Use any combination of (a), (b), and (c)          1.0          0.8
Cleaning Operations:
  Strippable spray booth material (maximum VOC          0.8          0.8
   content, kg VOC/kg solids [lb VOC/lb
   solids])...................................
Contact Adhesives:
  (a) Use compliant contact adhesives (maximum
   kg VHAP/kg solids [lb VHAP/lb solids], as
   applied) based on following criteria:
      i. For aerosol adhesives, and for                d NA         d NA
       contact adhesives applied to nonporous
       substrates.............................
      ii. For foam adhesives used in products           1.8          0.2
       that meet flammability requirements....
      iii. For all other contact adhesives              1.0          0.2
       (including foam adhesives used in
       products that do not meet flammability
       requirements); or......................
  (b) Use a control device....................        e 1.0        e 0.2
All Finishing Operations and Contact
 Adhesives:
  (a) Achieve total free formaldehyde                   400          400
   emissions across all finishing operations
   and contact adhesives, lb per rolling 12
   month period, as applied
  (b) Use coatings and contact adhesives only         f 1.0        f 1.0
   if they are low-formaldehyde coatings and
   contact adhesives..........................
------------------------------------------------------------------------
\a\ The limits refer to the VHAP content of the coating, as applied.
\b\ Washcoats, basecoats, and enamels must comply with the limits
  presented in this table if they are purchased premade, that is, if
  they are not formulated onsite by thinning other finishing materials.
  If they are formulated onsite, they must be formulated using compliant
  finishing materials, i.e., those that meet the limits specified in
  this table, and thinners containing no more than 3.0 percent VHAP by
  weight.
\c\ The control device must operate at an efficiency that is equivalent
  to no greater than 1.0 kilogram (or 0.8 kilogram) of VHAP being
  emitted from the affected emission source per kilogram of solids used.
\d\ There is no limit on the VHAP content of these adhesives.
\e\ The control device must operate at an efficiency that is equivalent
  to no greater than 1.0 kilogram (or 0.2 kilogram) of VHAP being
  emitted from the affected emission source per kilogram of solids used.
\f\ The limits refer to the formaldehyde content by weight of the
  coating or contact adhesive, as specified on certified product data
  sheets.


[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 76 
FR 72073, Nov. 21, 2011]



 Sec. Table 4 to Subpart JJ of Part 63--Pollutants Excluded From Use in 
                      Cleaning and Washoff Solvents

------------------------------------------------------------------------
                        Chemical name                           CAS No.
------------------------------------------------------------------------
4-Aminobiphenyl..............................................      92671
Styrene oxide................................................      96093
Diethyl sulfate..............................................      64675
N-Nitrosomorpholine..........................................      59892
Dimethyl formamide...........................................      68122
Hexamethylphosphoramide......................................     680319
Acetamide....................................................      60355
4,4'-Methylenedianiline......................................     101779
o-Anisidine..................................................      90040
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
Beryllium salts..............................................  .........
Benzidine....................................................      92875
N-Nitroso-N-methylurea.......................................     684935
Bis (chloromethyl) ether.....................................     542881
Dimethyl carbamoyl chloride..................................      79447
Chromium compounds (hexavalent)..............................  .........
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Arsenic and inorganic arsenic compounds......................   99999904
Hydrazine....................................................     302012
1,1-Dimethyl hydrazine.......................................      57147
Beryllium compounds..........................................    7440417
1,2-Dibromo-3-chloropropane..................................      96128
N-Nitrosodimethylamine.......................................      62759
Cadmium compounds............................................  .........
Benzo (a) pyrene.............................................      50328
Polychlorinated biphenyls (Aroclors).........................    1336363
Heptachlor...................................................      76448
3,3'-Dimethyl benzidine......................................     119937
Nickel subsulfide............................................   12035722
Acrylamide...................................................      79061
Hexachlorobenzene............................................     118741
Chlordane....................................................      57749
1,3-Propane sultone..........................................    1120714
1,3-Butadiene................................................     106990
Nickel refinery dust.........................................  .........
2-Acetylaminoflourine........................................      53963
3,3'-Dichlorobenzidine.......................................      53963
Lindane (hexachlorcyclohexane, gamma)........................      58899
2,4-Toluene diamine..........................................      95807
Dichloroethyl ether (Bis(2-chloroethyl) ether)...............     111444
1,2-Diphenylhydrazine........................................     122667
Toxaphene (chlorinated camphene).............................    8001352
2,4-Dinitrotoluene...........................................     121142
3,3'-Dimethoxybenzidine......................................     119904
Formaldehyde.................................................      50000
4,4'-Methylene bis (2-chloroaniline).........................     101144
Acrylonitrile................................................     107131
Ethylene dibromide (1,2-Dibromoethane).......................     106934
DDE (1,1-p-chlorophenyl 1-2 dichloroethylene)................      72559
Chlorobenzilate..............................................     510156
Dichlorvos...................................................      62737
Vinyl chloride...............................................      75014
Coke Oven Emissions..........................................  .........
Ethylene oxide...............................................      75218
Ethylene thiourea............................................      96457
Vinyl bromide (bromoethene)..................................     593602
Selenium sulfide (mono and di)...............................    7488564
Chloroform...................................................      67663
Pentachlorophenol............................................      87865
Ethyl carbamate (Urethane)...................................      51796
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Propylene dichloride (1,2-Dichloropropane)...................      78875
Carbon tetrachloride.........................................      56235
Benzene......................................................      71432
Methyl hydrazine.............................................      60344
Ethyl acrylate...............................................     140885

[[Page 408]]

 
Propylene oxide..............................................      75569
Aniline......................................................      62533
1,4-Dichlorobenzene(p).......................................     106467
2,4,6-Trichlorophenol........................................      88062
Bis (2-ethylhexyl) phthalate (DEHP)..........................     117817
o-Toluidine..................................................      95534
Propoxur.....................................................     114261
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
Acetaldehyde.................................................      75070
Bromoform....................................................      75252
Captan.......................................................     133062
Epichlorohydrin..............................................     106898
Methylene chloride (Dichloromethane).........................      75092
Dibenz (ah) anthracene.......................................      53703
Chrysene.....................................................     218019
Dimethyl aminoazobenzene.....................................      60117
Benzo (a) anthracene.........................................      56553
Benzo (b) fluoranthene.......................................     205992
Antimony trioxide............................................    1309644
2-Nitropropane...............................................      79469
1,3-Dichloropropene..........................................     542756
7, 12-Dimethylbenz(a) anthracene.............................      57976
Benz(c) acridine.............................................     225514
Indeno(1,2,3-cd)pyrene.......................................     193395
1,2:7,8-Dibenzopyrene........................................     189559
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]



Sec. Table 5 to Subpart JJ of Part 63--List of VHAP of Potential Concern 
                         Identified by Industry

------------------------------------------------------------------------
                                                                 EPA de
               CAS No.                     Chemical name        minimis,
                                                                tons/yr
------------------------------------------------------------------------
68122...............................       Dimethyl formamide        1.0
50000...............................             Formaldehyde        0.2
75092...............................       Methylene chloride        4.0
79469...............................           2-Nitropropane        1.0
78591...............................               Isophorone        0.7
1000425.............................          Styrene monomer        1.0
108952..............................                   Phenol        0.1
111422..............................          Dimethanolamine        5.0
109864..............................         2-Methoxyethanol       10.0
111159..............................    2-Ethoxyethyl acetate       10.0
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]



    Sec. Table 6 to Subpart JJ of Part 63--VHAP of Potential Concern

------------------------------------------------------------------------
                                                              EPA de
       CAS No.                   Chemical name            minimis, tons/
                                                                yr*
------------------------------------------------------------------------
92671................  4-Aminobiphenyl..................      1.0
96093................  Styrene oxide....................      1.0
64675................  Diethyl sulfate..................      1.0
59892................  N-Nitrosomorpholine..............      1.0
68122................  Dimethyl formamide...............      1.0
680319...............  Hexamethylphosphoramide..........      0.01
60355................  Acetamide........................      1.0
101779...............  4,4'-Methylenedianiline..........      1.0
90040................  o-Anisidine......................      1.0
1746016..............  2,3,7,8-Tetrachlorodibenzo-p-          0.00000006
                        dioxin.
92875................  Benzidine........................      0.00003
684935...............  N-Nitroso-N-methylurea...........      0.00002
542881...............  Bis(chloromethyl) ether..........      0.00003
79447................  Dimethyl carbamoyl chloride......      0.002
75558................  1,2-Propylenimine (2-Methyl            0.0003
                        aziridine).
57147................  1,1-Dimethyl hydrazine...........      0.0008
96128................  1,2-Dibromo-3-chloropropane......      0.001
62759................  N-Nitrosodimethylamine...........      0.0001
50328................  Benzo (a) pyrene.................      0.001
1336363..............  Polychlorinated biphenyls              0.0009
                        (Aroclors).
76448................  Heptachlor.......................      0.002
119937...............  3,3'-Dimethyl benzidine..........      0.001
79061................  Acrylamide.......................      0.002
118741...............  Hexachlorobenzene................      0.004
57749................  Chlordane........................      0.005
1120714..............  1,3-Propane sultone..............      0.003
106990...............  1,3-Butadiene....................      0.007
53963................  2-Acetylaminoflourine............      0.0005
91941................  3,3'-Dichlorobenzidine...........      0.02
58899................  Lindane (hexachlorocyclohexane,        0.005
                        gamma).
95807................  2,4-Toluene diamine..............      0.002
111444...............  Dichloroethyl ether (Bis(2-            0.006
                        chloroethyl)ether).
122667...............  1,2--Diphenylhydrazine...........      0.009
8001352..............  Toxaphene (chlorinated camphene).      0.006
121142...............  2,4-Dinitrotoluene...............      0.002
119904...............  3,3'-Dimethoxybenzidine..........      0.01
50000................  Formaldehyde.....................      0.2
101144...............  4,4'-Methylene bis(2-                  0.02
                        chloroaniline).
107131...............  Acrylonitrile....................      0.03
106934...............  Ethylene dibromide(1,2-                0.01
                        Dibromoethane).
72559................  DDE (1,1-p-chlorophenyl 1-2            0.01
                        dichloroethylene).
510156...............  Chlorobenzilate..................      0.04

[[Page 409]]

 
62737................  Dichlorvos.......................      0.02
75014................  Vinyl chloride...................      0.02
75218................  Ethylene oxide...................      0.09
96457................  Ethylene thiourea................      0.06
593602...............  Vinyl bromide (bromoethene)......      0.06
67663................  Chloroform.......................      0.09
87865................  Pentachlorophenol................      0.07
51796................  Ethyl carbamate (Urethane).......      0.08
107062...............  Ethylene dichloride (1,2-              0.08
                        Dichloroethane).
78875................  Propylene dichloride (1,2-             0.1
                        Dichloropropane).
56235................  Carbon tetrachloride.............      0.1
71432................  Benzene..........................      0.2
140885...............  Ethyl acrylate...................      0.1
75569................  Propylene oxide..................      0.5
62533................  Aniline..........................      0.1
106467...............  1,4-Dichlorobenzene(p)...........      0.3
88062................  2,4,6-Trichlorophenol............      0.6
117817...............  Bis (2-ethylhexyl) phthalate           0.5
                        (DEHP).
95534................  o-Toluidine......................      0.4
114261...............  Propoxur.........................      2.0
79016................  Trichloroethylene................      1.0
123911...............  1,4-Dioxane (1,4-Diethyleneoxide)      0.6
75070................  Acetaldehyde.....................      0.9
75252................  Bromoform........................      2.0
133062...............  Captan...........................      2.0
106898...............  Epichlorohydrin..................      2.0
75092................  Methylene chloride                     4.0
                        (Dichloromethane).
127184...............  Tetrachloroethylene                    4.0
                        (Perchloroethylene).
53703................  Dibenz (ah) anthracene...........      0.01
218019...............  Chrysene.........................      0.01
60117................  Dimethyl aminoazobenzene.........      1.0
56553................  Benzo (a) anthracene.............      0.01
205992...............  Benzo (b) fluoranthene...........      0.01
79469................  2-Nitropropane...................      1.0
542756...............  1,3-Dichloropropene..............      1.0
57976................  7,12-Dimethylbenz (a) anthracene.      0.01
225514...............  Benz(c)acridine..................      0.01
193395...............  Indeno(1,2,3-cd)pyrene...........      0.01
189559...............  1,2:7,8-Dibenzopyrene............      0.01
79345................  1,1,2,2-Tetrachloroethane........      0.03
91225................  Quinoline........................      0.0006
75354................  Vinylidene chloride (1,1-              0.04
                        Dichloroethylene).
87683................  Hexachlorobutadiene..............      0.09
82688................  Pentachloronitrobenzene                0.03
                        (Quintobenzene).
78591................  Isophorone.......................      0.7
79005................  1,1,2-Trichloroethane............      0.1
74873................  Methyl chloride (Chloromethane)..      1.0
67721................  Hexachloroethane.................      0.5
1582098..............  Trifluralin......................      0.9
1319773..............  Cresols/Cresylic acid (isomers         1.0
                        and mixture).
108394...............  m-Cresol.........................      1.0
75343................  Ethylidene dichloride (1,1-            1.0
                        Dichloroethane).
95487................  o-Cresol.........................      1.0
106445...............  p-Cresol.........................      1.0
74884................  Methyl iodide (Iodomethane)......      1.0
100425...............  Styrene..........................      1.0
107051...............  Allyl chloride...................      1.0
334883...............  Diazomethane.....................      1.0
95954................  2,4,5--Trichlorophenol...........      1.0
133904...............  Chloramben.......................      1.0
106887...............  1,2--Epoxybutane.................      1.0
108054...............  Vinyl acetate....................      1.0
126998...............  Chloroprene......................      1.0
123319...............  Hydroquinone.....................      1.0
92933................  4-Nitrobiphenyl..................      1.0
56382................  Parathion........................      0.1
13463393.............  Nickel Carbonyl..................      0.1
60344................  Methyl hydrazine.................      0.006
151564...............  Ethylene imine...................      0.0003
77781................  Dimethyl sulfate.................      0.1
107302...............  Chloromethyl methyl ether........      0.1
57578................  beta-Propiolactone...............      0.1
100447...............  Benzyl chloride..................      0.04

[[Page 410]]

 
98077................  Benzotrichloride.................      0.0006
107028...............  Acrolein.........................      0.04
584849...............  2,4--Toluene diisocyanate........      0.1
75741................  Tetramethyl lead.................      0.01
78002................  Tetraethyl lead..................      0.01
12108133.............  Methylcyclopentadienyl manganese.      0.1
624839...............  Methyl isocyanate................      0.1
77474................  Hexachlorocyclopentadiene........      0.1
62207765.............  Fluomine.........................      0.1
10210681.............  Cobalt carbonyl..................      0.1
79118................  Chloroacetic acid................      0.1
534521...............  4,6-Dinitro-o-cresol, and salts..      0.1
101688...............  Methylene diphenyl diisocyanate..      0.1
108952...............  Phenol...........................      0.1
62384................  Mercury, (acetato-o) phenyl......      0.01
98862................  Acetophenone.....................      1.0
108316...............  Maleic anhydride.................      1.0
532274...............  2-Chloroacetophenone.............      0.06
51285................  2,4-Dinitrophenol................      1.0
109864...............  2-Methyoxy ethanol...............     10.0
98953................  Nitrobenzene.....................      1.0
74839................  Methyl bromide (Bromomethane)....     10.0
75150................  Carbon disulfide.................      1.0
121697...............  N,N-Dimethylaniline..............      1.0
106514...............  Quinone..........................      5.0
123386...............  Propionaldehyde..................      5.0
120809...............  Catechol.........................      5.0
85449................  Phthalic anhydride...............      5.0
463581...............  Carbonyl sulfide.................      5.0
132649...............  Dibenzofurans....................      5.0
100027...............  4-Nitrophenol....................      5.0
540841...............  2,2,4-Trimethylpentane...........      5.0
111422...............  Diethanolamine...................      5.0
822060...............  Hexamethylene-1,6-diisocyanate...      5.0
                       Glycol ethers \a\................      5.0
                       Polycyclic organic matter \b\....      0.01
------------------------------------------------------------------------
* These values are based on the de minimis levels provided in the
  proposed rulemaking pursuant to section 112(g) of the Act using a 70-
  year lifetime exposure duration for all VHAP. Default assumptions and
  the de minimis values based on inhalation reference doses (RfC) are
  not changed by this adjustment.
\a\ Except for ethylene glycol butyl ether, ethylene glycol ethyl ether
  (2-ethoxy ethanol), ethylene glycol hexyl ether, ethylene glycol
  methyl ether (2-methoxyethanol), ethylene glycol phenyl ether,
  ethylene glycol propyl ether, ethylene glycol mono-2-ethylhexyl ether,
  diethylene glycol butyl ether, diethylene glycol ethyl ether,
  diethylene glycol methyl ether, diethylene glycol hexyl ether,
  diethylene glycol phenyl ether, diethylene glycol propyl ether,
  triethylene glycol butyl ether, triethylene glycol ethyl ether,
  triethylene glycol methyl ether, triethylene glycol propyl ether,
  ethylene glycol butyl ether acetate, ethylene glycol ethyl ether
  acetate, and diethylene glycol ethyl ether acetate.
\b\ Except for benzo(b)fluoranthene, benzo(a)anthracene, benzo(a)pyrene,
  7,12-dimethylbenz(a)anthracene, benz(c)acridine, chrysene, dibenz(ah)
  anthracene, 1,2:7,8-dibenzopyrene, indeno(1,2,3-cd)pyrene, but
  including dioxins and furans.


[63 FR 71383, Dec. 28, 1998]



 Subpart KK_National Emission Standards for the Printing and Publishing 
                                Industry

    Source: 61 FR 27140, May 30, 1996, unless otherwise noted.



Sec.  63.820  Applicability.

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

[[Page 411]]

    (i) Use less than 9.1 Mg (10 tons) per each rolling 12-month period 
of each HAP at the facility, including materials used for source 
categories or purposes other than printing and publishing, and
    (ii) Use less than 22.7 Mg (25 tons) per each rolling 12-month 
period of any combination of HAP at the facility, including materials 
used for source categories or purposes other than printing and 
publishing.
    (3) Each facility for which the owner or operator chooses to commit 
to and meets the criteria stated in paragraph (a)(2) of this section 
shall be considered an area source, and is subject only to the 
provisions of Sec. Sec.  63.829(d) and 63.830(b)(1) of this subpart.
    (4) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section may exclude material used 
in routine janitorial or facility grounds maintenance, personal uses by 
employees or other persons, the use of products for the purpose of 
maintaining electric, propane, gasoline and diesel powered motor 
vehicles operated by the facility, and the use of HAP contained in 
intake water (used for processing or noncontact cooling) or intake air 
(used either as compressed air or for combustion).
    (5) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section to become an area source, 
but subsequently exceeds either of the thresholds in paragraph (a)(2) of 
this section for any rolling 12-month period (without first obtaining 
and complying with other limits that keep its potential to emit HAP 
below major source levels), shall be considered in violation of its 
commitment for that 12-month period and shall be considered a major 
source of HAP beginning the first month after the end of the 12-month 
period in which either of the HAP-use thresholds was exceeded. As a 
major source of HAP, each such facility would be subject to the 
provisions of this subpart as noted in paragraph (a)(1) of this section 
and would no longer be eligible to use the provisions of paragraph 
(a)(2) of this section, even if in subsequent 12-month periods the 
facility uses less HAP than the thresholds in paragraph (a)(2) of this 
section.
    (6) An owner or operator of an affected source subject to paragraph 
(a)(2) of this section who chooses to no longer be subject to paragraph 
(a)(2) of this section shall notify the Administrator of such change. 
If, by no longer being subject to paragraph (a)(2) of this section, the 
facility at which the affected source is located becomes a major source:
    (i) The owner or operator of an existing source must continue to 
comply with the HAP usage provisions of paragraph (a)(2) of this section 
until the source is in compliance with all relevant requirements for 
existing affected sources under this subpart;
    (ii) The owner or operator of a new source must continue to comply 
with the HAP usage provisions of paragraph (a)(2) of this section until 
the source is in compliance with all relevant requirements for new 
affected sources under this subpart.
    (7) Nothing in this paragraph is intended to preclude a facility 
from establishing area source status by limiting its potential to emit 
through other appropriate mechanisms that may be available through the 
permitting authority.
    (b) This subpart does not apply to research or laboratory equipment.
    (c) In response to an action to enforce the standards set forth in 
this subpart, an owner or operator may assert an affirmative defense to 
a claim for civil penalties for exceedances of such standards that are 
caused by a malfunction, as defined in Sec.  63.2. Appropriate penalties 
may be assessed, however, if the owner or operator fails to meet the 
burden of proving all the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (1) To establish the affirmative defense in any action to enforce 
such a limit, the owners or operators of a facility must timely meet the 
notification requirements of paragraph (c)(2) of this section, and must 
prove by a preponderance of evidence that:
    (i) The excess emissions were caused by a sudden, infrequent, and 
unavoidable failure of air pollution control and

[[Page 412]]

monitoring equipment, or a process to operate in a normal or usual 
manner; and could not have been prevented through careful planning, 
proper design or better operation and maintenance practices; and did not 
stem from any activity or event that could have been foreseen and 
avoided, or planned for; and were not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance;
    (ii) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs;
    (iii) The frequency, amount, and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions;
    (iv) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (v) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health;
    (vi) All emissions monitoring and control systems were kept in 
operation, if at all possible, consistent with safety and good air 
pollution control practices;
    (vii) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs;
    (viii) At all times, the facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) The owner or operator has prepared a written root cause 
analysis, the purpose of which is to determine, correct and eliminate 
the primary causes of the malfunction and the excess emissions resulting 
from the malfunction event at issue. The analysis shall also specify, 
using the best monitoring methods and engineering judgment, the amount 
of excess emissions that were the result of the malfunction.
    (2) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than 2 business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standard in this subpart to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (c)(1) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45 day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedance.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006; 76 
FR 22597, Apr. 21, 2011]



Sec.  63.821  Designation of affected sources.

    (a) The affected sources subject to this subpart are:
    (1) All of the publication rotogravure presses and all related 
equipment, including proof presses, cylinder and parts cleaners, ink and 
solvent mixing and storage equipment, and solvent recovery equipment at 
a facility.
    (2) All of the product and packaging rotogravure or wide-web 
flexographic printing presses at a facility plus any other equipment at 
that facility which the owner or operator chooses to include in 
accordance with paragraphs (a)(3) or (a)(4) of this section, except
    (i) Proof presses, unless the owner or operator chooses to include 
proof presses in the affected source in accordance with paragraph (a)(5) 
of this section.
    (ii) Any product and packaging rotogravure or wide-web flexographic 
press which is used primarily for coating, laminating, or other 
operations which the owner or operator chooses to exclude, provided that

[[Page 413]]

    (A) the sum of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press using product and packaging rotogravure print 
stations and the total mass of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials applied by 
the press using wide-web flexographic print stations in each month never 
exceeds 5 percent of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press in that month, including all inboard and outboard 
stations; and
    (B) The owner or operator maintains records as required in Sec.  
63.829(f).
    (3) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source stand-alone equipment subject to the following provisions:
    (i) Stand-alone equipment meeting any of the criteria specified in 
this subparagraph is eligible for inclusion:
    (A) The stand-alone equipment and one or more product and packaging 
rotogravure or wide-web flexographic presses are used to apply solids-
containing materials to the same web or substrate; or
    (B) The stand-alone equipment and one or more product and packaging 
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (C) A common control device is used to control organic HAP emissions 
from the stand-alone equipment and from one or more product and 
packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone equipment located at the facility is 
included in the affected source; and
    (iii) No product and packaging rotogravure or wide-web flexographic 
presses are excluded from the affected source under the provisions of 
paragraph (a)(2)(ii) of this section.
    (4) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source narrow-web flexographic presses subject to the following 
provisions:
    (i) Each narrow-web flexographic press meeting any of the criteria 
specified in this subparagraph is eligible for inclusion:
    (A) The narrow-web flexographic press and one or more product and 
packaging rotogravure or wide-web flexographic presses are used to apply 
solids containing material to the same web or substrate; or
    (B) The narrow-web flexographic press and one or more product and 
packaging rotogravure or wide-web flexographic presses apply a common 
solids-containing material; or
    (C) A common control device is used to control organic HAP emissions 
from the narrow-web flexographic press and from one or more product and 
packaging rotogravure or wide-web flexographic presses; and
    (ii) All eligible narrow-web flexographic presses located at the 
facility are included in the affected source.
    (5) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source rotogravure proof presses or flexographic proof presses subject 
to the following provisions:
    (i) Each proof press meeting any of the criteria specified in this 
subparagraph is eligible for inclusion.
    (A) The proof press and one or more product and packaging 
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (B) A common control device is used to control organic HAP emissions 
from the proof press and from one or more product and packaging 
rotogravure or wide-web flexographic presses; and
    (ii) All eligible proof presses located at the facility are included 
in the affected source.
    (6) Affiliated operations such as mixing or dissolving of ink or 
coating ingredients prior to application; ink or coating mixing for 
viscosity adjustment, color tint or additive blending, or pH adjustment; 
cleaning of ink or coating lines and line parts; handling and storage of 
inks, coatings, and solvents; and conveyance and treatment of wastewater 
are part of the printing and publishing industry source category, but 
are not part of the product

[[Page 414]]

and packaging rotogravure or wide-web flexographic printing affected 
source.
    (7) Other presses are part of the printing and publishing industry 
source category, but are not part of the publication rotogravure 
affected source or the product and packaging rotogravure or wide-web 
flexographic printing affected source and are, therefore, exempt from 
the requirements of this subpart except as provided in paragraph (a)(3) 
of this section.
    (8) Narrow web-flexographic presses are part of the printing and 
publishing industry source category, but are not part of the publication 
rotogravure affected source or the product and packaging rotogravure or 
wide-web flexographic printing affected source and are, therefore, 
exempt from the requirements of this subpart except as provided in 
paragraphs (a)(3) through (5) of this section.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with the criteria of paragraphs 
(b)(1) or (b)(2) on and after the applicable compliance date as 
specified in Sec.  63.826 of this subpart is subject only to the 
requirements of Sec. Sec.  63.829(e) and 63.830(b)(1) of this subpart.
    (1) The owner or operator of the affected source applies no more 
than 500 kilograms (kg) per month, for every month, of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, and other 
materials on product and packaging rotogravure or wide-web flexographic 
printing presses, or
    (2) The owner or operator of the affected source applies no more 
than 400 kg per month, for every month, of organic HAP on product and 
packaging rotogravure or wide-web flexographic printing presses.
    (c) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with neither the criterion of 
paragraph (b)(1) nor (b)(2) of this section in any month after the 
applicable compliance date as specified in Sec.  63.826 of this subpart 
is, starting with that month, subject to all relevant requirements of 
this subpart and is no longer eligible to use the provisions of 
paragraph (b) of this section, even if in subsequent months the affected 
source does comply with the criteria of paragraphs (b)(1) or (b)(2) of 
this section.

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



Sec.  63.822  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the CAA and in subpart A of this part.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Always-controlled work station means a work station associated with 
a dryer from which the exhaust is delivered to a control device, with no 
provision for the dryer exhaust to bypass the control device. Sampling 
lines for analyzers and relief valves needed for safety purposes are not 
considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that are delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that exhausts 
to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Certified product data sheet (CPDS) means documentation furnished by 
suppliers of inks, coatings, varnishes, adhesives, primers, solvents, 
and other materials or by an independent third party that provides the 
organic HAP weight fraction of these materials determined in accordance 
with Sec.  63.827(b), or the volatile matter weight fraction or solids 
weight fraction determined in accordance with Sec.  63.827(c). A 
material safety data sheet (MSDS) may serve as

[[Page 415]]

a CPDS provided the MSDS meets the data requirements of Sec.  63.827(b) 
and (c). The purpose of the CPDS is to assist the owner or operator in 
demonstrating compliance with the emission limitations presented in 
Sec. Sec.  63.824-63.825.
    Coating means material applied onto or impregnated into a substrate 
for decorative, protective, or functional purposes. Such materials 
include, but are not limited to, solvent-borne coatings, waterborne 
coatings, wax coatings, wax laminations, extrusion coatings, extrusion 
laminations, 100 percent solid adhesives, ultra-violet cured coatings, 
electron beam cured coatings, hot melt coatings, and cold seal coatings. 
Materials used to form unsupported substrates such as calendaring of 
vinyl, blown film, cast film, extruded film, and coextruded film are not 
considered coatings.
    Control device means a device such as a carbon adsorber or oxidizer 
which reduces the organic HAP in an exhaust gas by recovery or by 
destruction.
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total organic HAP 
emissions that are introduced into the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Flexible packaging means any package or part of a package the shape 
of which can be readily changed. Flexible packaging includes, but is not 
limited to, bags, pouches, labels, liners and wraps utilizing paper, 
plastic, film, aluminum foil, metalized or coated paper or film, or any 
combination of these materials.
    Flexographic press means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator), a 
series of individual work stations, one or more of which is a 
flexographic print station, any dryers (including interstage dryers and 
overhead tunnel dryers) associated with the work stations, and a rewind, 
stack, or collection section. The work stations may be oriented 
vertically, horizontally, or around the circumference of a single large 
impression cylinder. Inboard and outboard work stations, including those 
employing any other technology, such as rotogravure, are included if 
they are capable of printing or coating on the same substrate. A 
publication rotogravure press with one or more flexographic imprinters 
is not a flexographic press.
    Flexographic print station means a print station on which a 
flexographic printing operation is conducted. A flexographic print 
station includes an anilox roller that transfers material to a raised 
image (type or art) on a plate cylinder. The material is then 
transferred from the image on the plate cylinder to the web or sheet to 
be printed. A flexographic print station may include a fountain roller 
to transfer material from the reservoir to the anilox roller, or 
material may be transferred directly from the reservoir to the anilox 
roller. The materials applied are of a fluid, rather than paste, 
consistency.
    HAP applied means the organic HAP content of all inks, coatings, 
varnishes, adhesives, primers, solvent, and other materials applied to a 
substrate by a product and packaging rotogravure or wide-web 
flexographic printing affected source.
    HAP used means the organic HAP applied by a publication rotogravure 
printing affected source, including all organic HAP used for cleaning, 
parts washing, proof presses, and all organic HAP emitted during tank 
loading, ink mixing, and storage.
    Intermittently-controllable work station means a work station 
associated with a dryer with provisions for the dryer exhaust to be 
delivered to or diverted from a control device depending on the position 
of a valve or damper. Sampling lines for analyzers and relief valves 
needed for safety purposes are not considered bypass lines.
    Month means a calendar month or a prespecified period of 28 days to 
35 days.
    Narrow-web flexographic press means a flexographic press that is not 
capable of printing substrates greater than 18 inches in width and that 
does not also meet the definition of rotogravure

[[Page 416]]

press (i.e., it has no rotogravure print stations).
    Never-controlled work station means a work station which is not 
equipped with provisions by which any emissions, including those in the 
exhaust from any associated dryer, may be delivered to a control device.
    Other press means a lithographic press, letterpress press, or screen 
printing press that does not meet the definition of rotogravure press or 
flexographic press (i.e., it has no rotogravure print stations and no 
flexographic print stations), and that does not print on fabric or other 
textiles as defined in the Printing, Coating, and Dyeing of Fabrics and 
Other Textiles NESHAP (40 CFR part 63, subpart OOOO), wood furniture 
components as defined in the Wood Furniture Manufacturing Operations 
NESHAP (40 CFR part 63, subpart JJ) or wood building products as defined 
in the Surface Coating of Wood Building Products NESHAP (40 CFR part 63, 
subpart QQQQ).
    Overall Organic HAP control efficiency means the total efficiency of 
a control system, determined either by:
    (1) The product of the capture efficiency and the control device 
efficiency or
    (2) A liquid-liquid material balance.
    Print station means a work station on which a printing operation is 
conducted.
    Printing operation means the formation of words, designs, or 
pictures on a substrate other than wood furniture components as defined 
in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, 
subpart JJ), wood building products as defined in the Surface Coating of 
Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ), and fabric 
or other textiles as defined in the Printing, Coating, and Dyeing of 
Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), except 
for fabric or other textiles for use in flexible packaging.
    Product and packaging rotogravure printing means the production, on 
a rotogravure press, of any printed substrate not otherwise defined as 
publication rotogravure printing. This includes, but is not limited to, 
folding cartons, flexible packaging, labels and wrappers, gift wraps, 
wall and floor coverings, upholstery, decorative laminates, and tissue 
products.
    Proof press means any press which prints only non-saleable items 
used to check the quality of image formation of rotogravure cylinders or 
flexographic plates; substrates such as paper, plastic film, metal foil, 
or vinyl; or ink, coating varnish, adhesive, primer, or other solids-
containing material.
    Publication rotogravure press means a rotogravure press used for 
publication rotogravure printing. A publication rotogravure press may 
include one or more flexographic imprinters. A publication rotogravure 
press with one or more flexographic imprinters is not a flexographic 
press.
    Publication rotogravure printing means the production, on a 
rotogravure press, of the following saleable paper products:
    (1) Catalogues, including mail order and premium,
    (2) Direct mail advertisements, including circulars, letters, 
pamphlets, cards, and printed envelopes,
    (3) Display advertisements, including general posters, outdoor 
advertisements, car cards, window posters; counter and floor displays; 
point of purchase and other printed display material,
    (4) Magazines,
    (5) Miscellaneous advertisements, including brochures, pamphlets, 
catalog sheets, circular folders, announcements, package inserts, book 
jackets, market circulars, magazine inserts, and shopping news,
    (6) Newspapers, magazine and comic supplements for newspapers, and 
preprinted newspaper inserts, including hi-fi and spectacolor rolls and 
sections,
    (7) Periodicals, and
    (8) Telephone and other directories, including business reference 
services.
    Research or laboratory equipment means any equipment for which the 
primary purpose is to conduct research and development into new 
processes and products, where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.

[[Page 417]]

    Rotogravure press means an unwind or feed section, which may include 
more than one unwind or feed station (such as on a laminator), a series 
of individual work stations, one or more of which is a rotogravure print 
station, any dryers associated with the work stations, and a rewind, 
stack, or collection section. Inboard and outboard work stations, 
including those employing any other technology, such as flexography, are 
included if they are capable of printing or coating on the same 
substrate.
    Rotogravure print station means a print station on which a 
rotogravure printing operation is conducted. A rotogravure print station 
includes a rotogravure cylinder and supply for ink or other solids 
containing material. The image (type and art) to be printed is etched or 
engraved below the surface of the rotogravure cylinder. On a rotogravure 
cylinder the printing image consists of millions of minute cells.
    Stand-alone equipment means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator); a 
series of one or more work stations and any associated dryers; and a 
rewind, stack, or collection section that is not part of a product and 
packaging rotogravure or wide-web flexographic press. Stand-alone 
equipment is sometimes referred to as ``off-line'' equipment.
    Wide-web flexographic press means a flexographic press capable of 
printing substrates greater than 18 inches in width.
    Work station means a unit on which material is deposited onto a 
substrate.
    (b) The symbols used in equations in this subpart are defined as 
follows:
    (1) Cahi = the monthly average, as-applied, organic HAP 
content of solids-containing material, i, expressed as a weight-
fraction, kg/kg.
    (2) Casi = the monthly average, as applied, solids 
content, of solids-containing material, i, expressed as a weight-
fraction, kg/kg.
    (3) Chi = the organic HAP content of ink or other solids-
containing material, i, expressed as a weight-fraction, kg/kg.
    (4) Chij = the organic HAP content of solvent j, added to 
solids-containing material i, expressed as a weight-fraction, kg/kg.
    (5) Chj = the organic HAP content of solvent j, expressed 
as a weight-fraction, kg/kg.
    (6) [Reserved]
    (7) Csi = the solids content of ink or other material, i, 
expressed as a weight-fraction, kg/kg.
    (8) Cvi = the volatile matter content of ink or other 
material, i, expressed as a weight-fraction, kg/kg.
    (9) E = the organic volatile matter control efficiency of the 
control device, percent.
    (10) F = the organic volatile matter capture efficiency of the 
capture system, percent.
    (11) Gi = the mass fraction of each solids containing 
material, i, which was applied at 20 weight-percent or greater solids 
content, on an as-applied basis, kg/kg.
    (12) H = the monthly organic HAP emitted, kg.
    (13) Ha = the monthly allowable organic HAP emissions, 
kg.
    (14) HL = the monthly average, as-applied, organic HAP 
content of all solids-containing materials applied at less than 0.04 kg 
organic HAP per kg of material applied, kg/kg.
    (15) Hs = the monthly average, as-applied, organic HAP to 
solids ratio, kg organic HAP/kg solids applied.
    (16) Hsi = the as-applied, organic HAP to solids ratio of 
material i.
    (17) L = the mass organic HAP emission rate per mass of solids 
applied, kg/kg.
    (18) MBi = the sum of the mass of solids-containing 
material, i, applied on intermittently-controllable work stations 
operating in bypass mode and the mass of solids-containing material, i, 
applied on never-controlled work stations, in a month, kg.
    (19) MBj = the sum of the mass of solvent, thinner, 
reducer, diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in bypass mode and 
the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on never-controlled work stations, in a 
month, kg.
    (20) Mci = the sum of the mass of solids-containing 
material, i, applied on

[[Page 418]]

intermittently-controllable work stations operating in controlled mode 
and the mass of solids-containing material, i, applied on always-
controlled work stations, in a month, kg.
    (21) Mcj = the sum of the mass of solvent, thinner, 
reducer, diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in controlled mode 
and the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on always-controlled work stations in a 
month, kg.
    (22) [Reserved]
    (23) Mfi = the organic volatile matter mass flow rate at 
the inlet to the control device, kg/h.
    (24) Mfo = the organic volatile matter mass flow rate at 
the outlet of the control device, kg/h.
    (25) Mhu = the mass of organic HAP used in a month, kg.
    (26) Mi = the mass of ink or other material, i, applied 
in a month, kg.
    (27) Mij = the mass of solvent, thinner, reducer, 
diluent, or other non-solids-containing material, j, added to solids-
containing material, i, in a month, kg.
    (28) Mj = the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, applied in a month, kg.
    (29) MLj = the mass of solvent, thinner, reducer, 
diluent, or other non-solids-containing material, j, added to solids-
containing materials which were applied at less than 20 weight-percent 
solids content, on an as-applied basis, in a month, kg.
    (30) Mvr = the mass of volatile matter recovered in a 
month, kg.
    (31) Mvu = the mass of volatile matter, including water, 
used in a month, kg.
    (32) [Reserved]
    (33) n = the number of organic compounds in the vent gas.
    (34) p = the number of different inks, coatings, varnishes, 
adhesives, primers, and other materials applied in a month.
    (35) q = the number of different solvents, thinners, reducers, 
diluents, or other non-solids-containing materials applied in a month.
    (36) [Reserved]
    (37) R = the overall organic HAP control efficiency, percent.
    (38) Re = the overall effective organic HAP control 
efficiency for publication rotogravure, percent.
    (39) Rv = the organic volatile matter collection and 
recovery efficiency, percent.
    (40) S = the mass organic HAP emission rate per mass of material 
applied, kg/kg.
    (41) 0.0416 = conversion factor for molar volume, kg-mol/m\3\(@ 293 
K and 760 mmHg).

[61 FR 27140, May 30, 1996, as amended at 71 FR 29800, May 24, 2006; 76 
FR 22598, Apr. 21, 2011]



Sec.  63.823  Standards: General.

    (a) Table 1 to this subpart provides cross references to the 40 CFR 
part 63, subpart A, general provisions, indicating the applicability of 
the general provisions requirements to this subpart KK.
    (b) Each owner or operator of an affected source subject to this 
subpart must at all times operate and maintain that affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator, which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.

[76 FR 22598, Apr. 21, 2011]



Sec.  63.824  Standards: Publication rotogravure printing.

    (a) Each owner or operator of any publication rotogravure printing 
affected source that is subject to the requirements of this subpart 
shall comply with these requirements on and after the compliance dates 
as specified in Sec.  63.826 of this subpart.
    (b) Each publication rotogravure affected source shall limit 
emissions of organic HAP to no more than eight percent of the total 
volatile matter

[[Page 419]]

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


For the purposes of this calculation, the mass fraction of organic HAP 
present in the recovered volatile matter is assumed to be equal to the 
mass fraction of organic HAP present in the volatile matter used.
    (G) The affected source is in compliance for the month, if 
Re is at least 92 percent each month.
    (ii) Use continuous emission monitors, conduct an initial 
performance test of capture efficiency, and continuously monitor a site 
specific operating parameter to assure capture efficiency as specified 
in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(E) of this section:
    (A) Install continuous emission monitors to collect the data 
necessary to calculate the total organic volatile matter mass flow in 
the gas stream entering and the total organic volatile matter mass flow 
in the gas stream exiting the solvent recovery device for each month 
such that the percent control efficiency (E) of the solvent recovery 
device can be calculated for the month. This requires continuous 
emission monitoring of the total organic volatile matter concentration 
in the gas stream entering the solvent recovery device, the total 
organic volatile matter concentration in the gas stream exiting the 
solvent recovery device, and the volumetric gas flow rate through the 
solvent recovery device. A single continuous volumetric gas flow 
measurement should be sufficient for a solvent recovery device since the 
inlet and outlet volumetric gas flow rates for a solvent recovery device 
are essentially equal. Each month's individual

[[Page 420]]

inlet concentration values and corresponding individual gas flow rate 
values are multiplied and then summed to get the total organic volatile 
matter mass flow in the gas stream entering the solvent recovery device 
for the month. Each month's individual outlet concentration values and 
corresponding individual gas flow rate values are multiplied and then 
summed to get the total organic volatile matter mass flow in the gas 
stream exiting the solvent recovery device for the month.
    (B) Determine the percent capture efficiency (F) of the capture 
system according to Sec.  63.827(e).
    (C) Calculate the overall effective organic HAP control efficiency 
(Re) achieved for each month using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR30MY96.001

    (D) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec.  63.828(a)(5) whenever a publication 
rotogravure printing press is operated.
    (E) The affected source is in compliance with the requirement for 
the month if Re is at least 92 percent, and the capture 
device is operated at an average value greater than, or less than (as 
appropriate) the operating parameter value established in accordance 
with Sec.  63.828(a)(5) for each three-hour period.
    (2) Each owner or operator using an oxidizer to control emissions 
shall demonstrate compliance by showing that the HAP emission limitation 
is achieved by following the procedure in either paragraph (b)(2)(i) or 
(b)(2)(ii) of this section:
    (i) Demonstrate initial compliance through performance tests and 
continuing compliance through continuous monitoring as follows:
    (A) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec.  63.827(d).
    (B) Determine the capture efficiency (F) using the procedure in 
Sec.  63.827(e).
    (C) [Reserved]
    (D) Calculate the overall effective organic HAP control efficiency 
(Re) achieved using Equation 2.
    (E) The affected source is in initial compliance if Re is 
at least 92 percent. Demonstration of continuing compliance is achieved 
by continuous monitoring of an appropriate oxidizer operating parameter 
in accordance with Sec.  63.828(a)(4), and by continuous monitoring of 
an appropriate capture system monitoring parameter in accordance with 
Sec.  63.828(a)(5). The affected source is in continuing compliance if 
the capture device is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec.  63.828(a)(5), and
    (1) if an oxidizer other than a catalytic oxidizer is used, the 
average combustion temperature for all three-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec.  63.827(d), or
    (2) if a catalytic oxidizer is used, the average catalyst bed inlet 
temperature for all three-hour periods is greater than or equal to the 
average catalyst bed inlet temperature established in accordance with 
Sec.  63.827(d).
    (ii) Use continuous emission monitors, conduct an initial 
performance test of capture efficiency, and continuously monitor a site 
specific operating parameter to assure capture efficiency. The percent 
control efficiency of the oxidizer shall be demonstrated in accordance 
with the requirements of paragraph (b)(1)(ii) of this section except 
that separate continuous measurements of the inlet volumetric gas flow 
rate and the outlet volumetric gas flow rate are required for an 
oxidizer.
    (3) To demonstrate compliance without the use of a control device, 
each owner or operator shall compare the mass of organic HAP used to the 
mass of volatile matter used each month, as

[[Page 421]]

specified in paragraphs (b)(3)(i) through (b)(3)(iv) of this section:
    (i) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material used in the affected source during 
the month.
    (ii) Determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material used during the 
month following the procedure in Sec.  63.827(b)(1), and
    (iii) Determine the volatile matter content, including water, of 
each ink, coating, varnish, adhesive, primer, solvent, and other 
material used during the month following the procedure in Sec.  
63.827(c)(1).
    (iv) The affected source is in compliance for the month if the mass 
of organic HAP used does not exceed eight percent of the mass of 
volatile matter used.

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



Sec.  63.825  Standards: Product and packaging rotogravure 
and wide-web flexographic printing.

    (a) Each owner or operator of any product and packaging rotogravure 
or wide-web flexographic printing affected source that is subject to the 
requirements of this subpart shall comply with these requirements on and 
after the compliance dates as specified in Sec.  63.826 of this subpart.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source shall limit organic HAP emissions to no more 
than 5 percent of the organic HAP applied for the month; or to no more 
than 4 percent of the mass of inks, coatings, varnishes, adhesives, 
primers, solvents, reducers, thinners, and other materials applied for 
the month; or to no more than 20 percent of the mass of solids applied 
for the month; or to a calculated equivalent allowable mass based on the 
organic HAP and solids contents of the inks, coatings, varnishes, 
adhesives, primers, solvents, reducers, thinners, and other materials 
applied for the month. The owner or operator of each product and 
packaging rotogravure or wide-web flexographic printing affected source 
shall demonstrate compliance with this standard by following one of the 
procedures in paragraphs (b)(1) through (b)(10) of this section:
    (1) Demonstrate that each ink, coating, varnish, adhesive, primer, 
solvent, diluent, reducer, thinner, and other material applied during 
the month contains no more than 0.04 weight-fraction organic HAP, on an 
as-purchased basis, as determined in accordance with Sec.  63.827(b)(2).
    (2) Demonstrate that each ink, coating, varnish, adhesive, primer, 
and other solids-containing material applied during the month contains 
no more than 0.04 weight-fraction organic HAP, on a monthly average as-
applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii) 
of this section. The owner or operator shall calculate the as-applied 
HAP content of materials which are reduced, thinned, or diluted prior to 
application, as follows:
    (i) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent, diluent, reducer, thinner, and other material 
applied on an as-purchased basis in accordance with Sec.  63.827(b)(2).
    (ii) Calculate the monthly average as-applied organic HAP content, 
Cahi of each ink, coating, varnish, adhesive, primer, and 
other solids-containing material using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR30MY96.002

    (3)(i) Demonstrate that each ink, coating, varnish, adhesive, 
primer, and other solids-containing material applied, either
    (A) Contains no more than 0.04 weight-fraction organic HAP on a 
monthly average as-applied basis, or
    (B) Contains no more than 0.20 kg of organic HAP per kg of solids 
applied, on a monthly average as-applied basis.
    (ii) The owner or operator may demonstrate compliance in accordance 
with paragraphs (b)(3)(ii) (A)-(C) of this section.
    (A) Use the procedures of paragraph (b)(2) of this section to 
determine

[[Page 422]]

which materials meet the requirements of paragraph (b)(3)(i)(A) of this 
section,
    (B) Determine the as-applied solids content following the procedure 
in Sec.  63.827(c)(2) of all materials which do not meet the 
requirements of paragraph (b)(3)(i)(A) of this section. The owner or 
operator may calculate the monthly average as-applied solids content of 
materials which are reduced, thinned, or diluted prior to application, 
using Equation 4, and
[GRAPHIC] [TIFF OMITTED] TR30MY96.003

    (C) Calculate the as-applied organic HAP to solids ratio, 
Hsi, for all materials which do not meet the requirements of 
paragraph (b)(3)(i)(A) of this section, using Equation 5.
[GRAPHIC] [TIFF OMITTED] TR30MY96.004

    (4) Demonstrate that the monthly average as-applied organic HAP 
content, HL, of all materials applied is less than 0.04 kg 
HAP per kg of material applied, as determined by Equation 6.
[GRAPHIC] [TIFF OMITTED] TR30MY96.005

    (5) Demonstrate that the monthly average as-applied organic HAP 
content on the basis of solids applied, Hs, is less than 0.20 
kg HAP per kg solids applied as determined by Equation 7.
[GRAPHIC] [TIFF OMITTED] TR30MY96.006

    (6) Demonstrate that the total monthly organic HAP applied, 
Happ, as determined by Equation 8, is less than the 
calculated equivalent allowable organic HAP, Ha, as 
determined by paragraph (e) of this section.
[GRAPHIC] [TIFF OMITTED] TR24MY06.002

Where:

Happ = Total monthly organic HAP applied, kg.

    (7) Operate a capture system and control device and demonstrate an 
overall organic HAP control efficiency of at least 95 percent for each 
month. If the affected source operates more than one capture system or 
more than one control device, and has only always-controlled work 
stations, then the owner or operator shall demonstrate compliance in 
accordance with the provisions of either paragraph (f) or (h) of this 
section. If the affected source operates one or more never-controlled 
work stations or one or more intermittently-controllable work stations, 
then the owner or operator shall demonstrate compliance in accordance 
with the provisions of paragraph (f) of this section. Otherwise, the 
owner or operator shall demonstrate compliance in accordance with the 
procedure in paragraph (c) of this section when emissions from the 
affected source are controlled by a solvent recovery device or the 
procedure in paragraph (d) of this section when emissions are controlled 
by an oxidizer.
    (8) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.20 kg organic HAP emitted 
per kg solids applied as determined on a monthly average as-applied 
basis. If the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations, then 
the owner or operator shall demonstrate compliance in accordance with 
the provisions of paragraph (f) of this section. Otherwise, the owner or 
operator shall demonstrate compliance following the procedure in 
paragraph (c) of this section when emissions from the affected source 
are controlled by a solvent recovery device or the procedure in 
paragraph (d) of this section when emissions are controlled by an 
oxidizer.
    (9) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.04 kg organic HAP emitted 
per kg material

[[Page 423]]

applied as determined on a monthly average as-applied basis. If the 
affected source operates more than one capture system, more than one 
control device, one or more never-controlled work stations, or one or 
more intermittently-controllable work stations, then the owner or 
operator shall demonstrate compliance in accordance with the provisions 
of paragraph (f) of this section. Otherwise, the owner or operator shall 
demonstrate compliance following the procedure in paragraph (c) of this 
section when emissions from the affected source are controlled by a 
solvent recovery device or the procedure in paragraph (d) of this 
section when emissions are controlled by an oxidizer.
    (10) Operate a capture system and control device and limit the 
monthly organic HAP emissions to less than the allowable emissions as 
calculated in accordance with paragraph (e) of this section. If the 
affected source operates more than one capture system, more than one 
control device, one or more never-controlled work stations, or one or 
more intermittently-controllable work stations, then the owner or 
operator shall demonstrate compliance in accordance with the provisions 
of paragraph (f) of this section. Otherwise, the owner or operator shall 
demonstrate compliance following the procedure in paragraph (c) of this 
section when emissions from the affected source are controlled by a 
solvent recovery device or the procedure in paragraph (d) of this 
section when emissions are controlled by an oxidizer.
    (c) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec.  63.825(b)(7) or the organic HAP 
emissions limitation requirements in Sec.  63.825(b)(8)-(10), each owner 
or operator using a solvent recovery device to control emissions shall 
show compliance by following the procedures in either paragraph (c)(1) 
or (c)(2) of this section:
    (1) Perform a liquid-liquid material balance for each and every 
month as follows:
    (i) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent and other material applied on the press or group of 
presses controlled by a common solvent recovery device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec.  63.827(b)(2).
    (iii) Determine the volatile matter content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec.  63.827(c)(2).
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec.  63.827(c)(2).
    (v) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device shall be initially certified by the 
manufacturer to be accurate to within 2.0 percent.
    (vi) Measure the amount of volatile matter recovered for the month.
    (vii) Calculate the volatile matter collection and recovery 
efficiency, Rv, using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR30MY96.008

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, 
using Equation 10.

[[Page 424]]

[GRAPHIC] [TIFF OMITTED] TR30MY96.009

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 11.
[GRAPHIC] [TIFF OMITTED] TR30MY96.010

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR30MY96.011

    (xi) The affected source is in compliance if
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) the organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) the organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency following the 
procedures in paragraphs (c)(2)(i) through (c)(2)(xi) of this section:
    (i) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
materials applied, or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common control device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec.  63.827(b)(2).
    (iii) Install continuous emission monitors to collect the data 
necessary to calculate the total organic volatile matter mass flow in 
the gas stream entering and the total organic volatile mass flow in the 
gas stream exiting the solvent recovery device for each month such that 
the percent control efficiency (E) of the solvent recovery device can be 
calculated for the month. This requires continuous emission monitoring 
of the total organic volatile matter concentration in the gas stream 
entering the solvent recovery device, the total organic volatile matter 
concentration in the gas stream exiting the solvent recovery device, and 
the volumetric gas flow rate through the solvent recovery device. A 
single continuous volumetric gas flow measurement should be sufficient 
for a solvent recovery device since the inlet and outlet volumetric gas 
flow rates for a solvent recovery device are essentially equal. Each 
month's individual inlet concentration values and corresponding 
individual gas flow rate values are multiplied and then summed to get 
the total organic volatile matter mass flow in the gas stream entering 
the solvent recovery device for the month. Each month's individual 
outlet

[[Page 425]]

concentration values and corresponding individual gas flow rate values 
are multiplied and then summed to get the total organic volatile matter 
mass flow in the gas stream exiting the solvent recovery device for the 
month.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec.  63.827(c)(2).
    (v) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec.  63.828(a)(5) whenever a product and 
packaging rotogravure or wide-web flexographic printing press is 
operated.
    (vi) Determine the capture efficiency (F) in accordance with Sec.  
63.827(e)-(f).
    (vii) Calculate the overall organic HAP control efficiency, (R), 
achieved for each month using Equation 13.
[GRAPHIC] [TIFF OMITTED] TR30MY96.012

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR30MY96.013

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR30MY96.014

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR30MY96.015

    (xi) The affected source is in compliance if the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec.  63.828(a)(5) for each three hour period, and
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (d) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec.  63.825(b)(7) or the overall organic HAP 
emission rate limitation requirements in Sec.  63.825(b)(8)-(10), each 
owner or operator using an oxidizer to control emissions shall show 
compliance by following the procedures in either paragraph (d)(1) or 
(d)(2) of this section:

[[Page 426]]

    (1) Demonstrate initial compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters following the procedures in paragraph 
(d)(1)(i) through (d)(1)(xi) of this section:
    (i) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec.  63.827(d).
    (ii) Determine the capture system capture efficiency (F) in 
accordance with Sec.  63.827(e)-(f).
    (iii) Calculate the overall organic HAP control efficiency, (R), 
achieved using Equation 13.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on materials applied, or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common control device during the month.
    (v) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec.  63.827(b)(2).
    (vi) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec.  63.827(c)(2).
    (vii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, for each month using Equation 
15.
    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on materials applied, calculate the organic HAP 
emission rate based on material applied, S, using Equation 16.
    (x) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameters 
established in accordance with Sec.  63.828(a)(4)-(5) whenever a product 
and packaging rotogravure or wide-web flexographic press is operating.
    (xi) The affected source is in compliance, if the oxidizer is 
operated such that the average operating parameter value is greater than 
the operating parameter value established in accordance with Sec.  
63.828(a)(4) for each three-hour period, and the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec.  63.828(a)(5) for each three hour period, and
    (A) The overall organic HAP control efficiency, R, is 95 percent or 
greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency. The percent control 
efficiency of the oxidizer shall be demonstrated in accordance with the 
requirements of paragraph (c)(2) of this section except that separate 
continuous volumetric

[[Page 427]]

gas flow measurements of the inlet and outlet volumetric gas flow rates 
are required for an oxidizer.
    (e) Owners or operators may calculate the monthly allowable HAP 
emissions, Ha, for demonstrating compliance in accordance 
with paragraph (b)(6), (c)(1)(xi)(D), (c)(2)(xi)(D), or (d)(1)(xi)(D) of 
this section as follows:
    (1) Determine the as-purchased mass of each ink, coating, varnish, 
adhesive, primer, and other solids-containing material applied each 
month, Mi.
    (2) Determine the as-purchased solids content of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material applied 
each month, in accordance with Sec.  63.827(c)(2), Csi.
    (3) Determine the as-purchased mass fraction of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material which 
was applied at 20 weight-percent or greater solids content, on an as-
applied basis, Gi.
    (4) Determine the total mass of each solvent, diluent, thinner, or 
reducer added to materials which were applied at less than 20 weight-
percent solids content, on an as-applied basis, each month, 
MLj.
    (5) Calculate the monthly allowable HAP emissions, Ha, 
using Equation 17.
[GRAPHIC] [TIFF OMITTED] TR30MY96.016

    (f) Owners or operators of product and packaging rotogravure or 
wide-web flexographic printing presses shall demonstrate compliance 
according to the procedures in paragraphs (f)(1) through (f)(7) of this 
section if the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations.
    (1) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses for which the owner or operator chooses to comply 
by means of a liquid-liquid mass balance shall determine the organic HAP 
emissions for those presses controlled by that solvent recovery system 
either
    (i) in accordance with paragraphs (c)(1)(i)-(iii) and (c)(1)(v)-
(viii) of this section if the presses controlled by that solvent 
recovery system have only always-controlled work stations, or
    (ii) in accordance with paragraphs (c)(1)(ii)-(iii), (c)(1)(v)-(vi), 
and (g) of this section if the presses controlled by that solvent 
recovery system have one or more never-controlled or intermittently-
controllable work stations.
    (2) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses, for which the owner or operator chooses to comply 
by means of an initial test of capture efficiency, continuous emission 
monitoring of the control device, and continuous monitoring of a capture 
system operating parameter, shall
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor an operating parameter established in 
accordance with Sec.  63.828(a)(5) to assure capture system efficiency, 
and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that solvent recovery system 
either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of this section if the presses served by that capture system 
have one or more never-controlled or intermittently-controllable work 
stations.
    (3) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic

[[Page 428]]

presses choosing to demonstrate compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters, shall
    (i) Monitor an operating parameter established in accordance with 
Sec.  63.828(a)(4) to assure control device efficiency, and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with Sec.  
63.828(a)(5) to assure capture efficiency, and
    (iii) Determine the organic HAP emissions for those presses served 
by each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (d)(1)(i)-(v) and (d)(1)(vii) of 
this section if the presses served by that capture system have only 
always-controlled work stations, or
    (B) In accordance with paragraphs (d)(1)(i)-(iii), (d)(1)(v), and 
(g) of this section if the presses served by that capture system have 
one or more never-controlled or intermittently-controllable work 
stations.
    (4) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through an 
initial capture efficiency test, continuous emission monitoring of the 
control device and continuous monitoring of a capture system operating 
parameter, shall
    (i) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with Sec.  
63.828(a)(5) to assure capture efficiency, and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of this section if the presses served by that capture system 
have one or more never-controlled or intermittently-controllable work 
stations.
    (5) The owner or operator of one or more uncontrolled product and 
packaging rotogravure or wide-web flexographic printing presses shall 
determine the organic HAP applied on those presses using Equation 8. The 
organic HAP emitted from an uncontrolled press is equal to the organic 
HAP applied on that press.
    (6) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied or emission of less than the calculated 
allowable organic HAP, the owner or operator shall determine the solids 
content of each ink, coating, varnish, adhesive, primer, solvent and 
other material applied during the month following the procedure in Sec.  
63.827(c)(2).
    (7) The owner or operator shall determine the organic HAP emissions 
for the affected source for the month by summing all organic HAP 
emissions calculated according to paragraphs (f)(1), (f)(2)(ii), 
(f)(3)(iii), (f)(4)(ii), and (f)(5) of this section. The affected source 
is in compliance for the month, if all operating parameters required to 
be monitored under paragraphs (f)(2)-(4) of this section were maintained 
at the appropriate values, and
    (i) The total mass of organic HAP emitted by the affected source was 
not more than four percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, diluents, reducers, thinners 
and other materials applied by the affected source, or
    (ii) The total mass of organic HAP emitted by the affected source 
was not more than 20 percent of the total mass of solids applied by the 
affected source, or
    (iii) The total mass of organic HAP emitted by the affected source 
was not more than the equivalent allowable organic HAP emissions for the 
affected source, Ha, calculated in accordance with paragraph 
(e) of this section, or
    (iv) The total mass of organic HAP emitted by the affected source 
was not more than five percent of the total mass of organic HAP applied 
by the affected source. The total mass of organic HAP applied by the 
affected

[[Page 429]]

source in the month shall be determined by the owner or operator using 
Equation 8.
    (g) Owners or operators determining organic HAP emissions from a 
press or group of presses having one or more never-controlled or 
intermittently-controllable work stations and using the procedures 
specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or 
(f)(4)(ii)(B) of this section shall for that press or group of presses:
    (1) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in bypass mode and 
the mass of all inks, coatings, varnishes, adhesives, primers, and other 
solids-containing materials which are applied on never-controlled work 
stations during the month, MBi.
    (2) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in bypass mode and the mass of all solvents, 
reducers, thinners, and other diluents which are applied on never-
controlled work stations during the month, MBj.
    (3) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in controlled mode 
and the mass of all inks, coatings, varnishes, adhesives, primers, and 
other solids-containing materials which are applied on always-controlled 
work stations during the month, MBj.
    (4) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in controlled mode and the mass of all 
solvents, reducers, thinners, and other diluents which are applied on 
always-controlled work stations during the month, MCj.
    (5) For each press or group of presses for which the owner or 
operator uses the provisions of paragraph (f)(1)(ii) of this section, 
the owner or operator shall calculate the organic HAP emitted during the 
month using Equation 18.
[GRAPHIC] [TIFF OMITTED] TR30MY96.017

    (6) For each press or group of presses for which the owner or 
operator uses the provisions of paragraphs (f)(2)(ii)(B), 
(f)(3)(iii)(B), or (f)(4)(ii)(B) of this section, the owner or operator 
shall calculate the organic HAP emitted during the month using Equation 
(19).
[GRAPHIC] [TIFF OMITTED] TR30MY96.018

    (h) If the affected source operates more than one capture system or 
more than one control device, and has no never-controlled work stations 
and no intermittently-controllable work stations, then the affected 
source is in compliance with the 95 percent overall organic HAP control 
efficiency requirement for the month if for each press or

[[Page 430]]

group of presses controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency, 
Rv, as determined by paragraphs (c)(1)(i), (c)(1)(iii), and 
(c)(1)(v)-(vii) of this section is equal to or greater than 95 percent, 
or
    (2) The overall organic HAP control efficiency as determined by 
paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each 
press or group of presses served by that control device and a common 
capture system is equal to or greater than 95 percent and the average 
capture system operating parameter value for each capture system serving 
that control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec.  63.828(a)(5) for each three hour period, or
    (3) The overall organic HAP control efficiency as determined by 
paragraphs (d)(1)(i)-(iii) and (d)(1)(x) of this section for each press 
or group of presses served by that control device and a common capture 
system is equal to or greater than 95 percent, the oxidizer is operated 
such that the average operating parameter value is greater than the 
operating parameter value established in accordance with Sec.  
63.828(a)(4) for each three hour period, and the average capture system 
operating parameter value for each capture system serving that control 
device is greater than or less than (as appropriate) the operating 
parameter value established for that capture system in accordance with 
Sec.  63.828(a)(5) for each three hour period.

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



Sec.  63.826  Compliance dates.

    (a) The compliance date for an owner or operator of an existing 
affected source subject to the provisions of this subpart is May 30, 
1999.
    (b) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
start-up of the affected source, or May 30, 1996, whichever is later.
    (c) Affected sources which have undergone reconstruction are subject 
to the requirements for new affected sources. The costs associated with 
the purchase and installation of air pollution control equipment are not 
considered in determining whether the affected source has been 
reconstructed. Additionally, the costs of retrofitting and replacement 
of equipment that is installed specifically to comply with this subpart 
are not considered reconstruction costs.



Sec.  63.827  Performance test methods.

    Performance tests shall be conducted under such conditions as the 
Administrator specifies to the owner or operator based on representative 
performance of the affected source for the period being tested. Upon 
request, the owner or operator shall make available to the Administrator 
such records as may be necessary to determine the conditions of 
performance tests.
    (a) An owner or operator using a control device to comply with the 
requirements of Sec. Sec.  63.824-63.825 is not required to conduct an 
initial performance test to demonstrate compliance if one or more of the 
criteria in paragraphs (a)(1) through (a)(3) of this section are met:
    (1) A control device that is in operation prior to May 30, 1996, 
does not need to be tested if
    (i) It is equipped with continuous emission monitors for determining 
total organic volatile matter concentration and the volumetric gas flow 
rate, and capture efficiency has been determined in accordance with the 
requirements of this subpart, such that an overall organic HAP control 
efficiency can be calculated, and
    (ii) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec.  63.824(b)(1)(ii), Sec.  
63.825(b)(2)(ii), Sec.  63.825(c)(2), or Sec.  63.825(d)(2), as 
applicable, and Sec.  63.828, or
    (2) The owner or operator has met the requirements of either Sec.  
63.7(e)(2)(iv) or Sec.  63.7(h), or
    (3) The control device is a solvent recovery system and the owner or 
operator chooses to comply by means of a monthly liquid-liquid material 
balance.
    (b) Determination of the weight fraction organic HAP of inks, 
coatings, varnishes, adhesives, primers, solvents,

[[Page 431]]

thinners, reducers, diluents, and other materials used by a publication 
rotogravure affected source shall be conducted according to paragraph 
(b)(1) of this section. Determination of the weight fraction organic HAP 
of inks, coatings, varnishes, adhesives, primers, solvents, thinners, 
reducers, diluents, and other materials applied by a product and 
packaging rotogravure or wide-web flexographic printing affected source 
shall be conducted according to paragraph (b)(2) of this section. If the 
weight fraction organic HAP values are not determined using the 
procedures in paragraphs (b)(1) or (b)(2) of this section, the owner or 
operator must submit an alternative test method for determining their 
values for approval by the Administrator in accordance with Sec.  
63.7(f). The recovery efficiency of the test method must be determined 
for all of the target organic HAP and a correction factor, if necessary, 
must be determined and applied.
    (1) Each owner or operator of a publication rotogravure affected 
source shall determine the weight fraction organic HAP of each ink, 
coating, varnish, adhesive, primer, solvent, and other material used by 
following one of the procedures in paragraphs (b)(1)(i) through (iii) of 
this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part. The Method 311 determination may 
be performed by the owner or operator of the affected source, the 
supplier of the material, or an independent third party. The organic HAP 
content determined by Method 311 must be calculated according to the 
criteria and procedures in paragraphs (b)(1)(i)(A) through (C) of this 
section.
    (A) Include each organic HAP determined to be present at greater 
than or equal to 0.1 weight percent for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for 
other organic HAP compounds.
    (B) Express the weight fraction of each organic HAP included 
according to paragraph (b)(1)(i)(A) of this section as a value truncated 
to four places after the decimal point (for example, 0.3791).
    (C) Calculate the total weight fraction of organic HAP in the tested 
material by summing the weight fraction of each organic HAP included 
according to paragraph (b)(1)(i)(A) of this section and truncating the 
result to three places after the decimal point (for example, 0.763).
    (ii) The owner or operator may determine the weight fraction 
volatile matter of the material in accordance with Sec.  63.827(c)(1) 
and use this value for the weight fraction organic HAP for all 
compliance purposes.
    (iii) The owner or operator may use formulation data to determine 
the weight fraction organic HAP of a material. Formulation data may be 
provided to the owner or operator on a CPDS by the supplier of the 
material or an independent third party. Formulation data may be used 
provided that the weight fraction organic HAP is calculated according to 
the criteria and procedures in paragraphs (b)(1)(iii)(A) through (D) of 
this section. In the event of an inconsistency between the formulation 
data and the result of Method 311 of appendix A of this part, where the 
test result is higher, the Method 311 data will take precedence unless, 
after consultation, the owner or operator can demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (A) For each raw material used in making the material, include each 
organic HAP present in that raw material at greater than or equal to 0.1 
weight percent for OSHA-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for 
other organic HAP compounds. The weight fraction of each such organic 
HAP in each raw material must be determined by Method 311 of appendix A 
of this part, by an alternate method approved by the Administrator, or 
from a CPDS provided by the raw material supplier or an independent 
third party. The weight fraction of each such organic HAP in each raw 
material must be expressed as a value truncated to four places after the 
decimal point (for example, 0.1291).
    (B) For each raw material used in making the material, the weight 
fraction contribution of each organic HAP,

[[Page 432]]

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

[[Page 433]]

alternate method approved by the Administrator, or from a CPDS provided 
by the raw material supplier or an independent third party. The weight 
fraction of each such organic HAP in each raw material must be expressed 
as a value truncated to four places after the decimal point (for 
example, 0.1291).
    (B) For each raw material used in making the material, the weight 
fraction contribution of each organic HAP, which is included according 
to paragraph (b)(2)(iii)(A) of this section, in that raw material to the 
weight fraction organic HAP of the material is calculated by multiplying 
the weight fraction, truncated to four places after the decimal point 
(for example, 0.1291), of that organic HAP in that raw material times 
the weight fraction of that raw material, truncated to four places after 
the decimal point (for example, 0.2246), in the material. The product of 
each such multiplication is truncated to four places after the decimal 
point (for example, 0.1291 times 0.2246 yields 0.02899586 which 
truncates to 0.0289).
    (C) For each organic HAP which is included according to paragraph 
(b)(2)(iii)(A) of this section, the total weight fraction of that 
organic HAP in the material is calculated by adding the weight fraction 
contribution of that organic HAP from each raw material in which that 
organic HAP is included according to paragraph (b)(2)(iii)(A) of this 
section. The sum of each such addition must be expressed to four places 
after the decimal point.
    (D) The total weight fraction of organic HAP in the material is the 
sum of the counted individual organic HAP weight fractions. This sum is 
to be truncated to three places after the decimal point (for example, 
0.763).
    (c) Determination of the weight fraction volatile matter content of 
inks, coatings, varnishes, adhesives, primers, solvents, reducers, 
thinners, diluents, and other materials used by a publication 
rotogravure affected source shall be conducted according to paragraph 
(c)(1) of this section. Determination of the weight fraction volatile 
matter content and weight fraction solids content of inks, coatings, 
varnishes, adhesives, primers, solvents, reducers, thinners, diluents, 
and other materials applied by a product and packaging rotogravure or 
wide-web flexographic printing affected source shall be conducted 
according to paragraph (c)(2) of this section.
    (1) Each owner or operator of a publication rotogravure affected 
source shall determine the volatile matter weight fraction of each ink, 
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, 
and other material used by following the procedures in paragraph 
(b)(1)(i) of this section, or by using formulation data as described in 
paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material 
using Method 24A of 40 CFR part 60, appendix A. The Method 24A 
determination may be performed by the owner or operator of the affected 
source, the supplier of the material, or an independent third party. The 
Method 24A result shall be truncated to three places after the decimal 
point (for example, 0.763). If these values cannot be determined using 
Method 24A, the owner or operator shall submit an alternative technique 
for determining their values for approval by the Administrator.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing affected source shall determine the 
volatile matter weight fraction and solids weight fraction of each ink, 
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, 
and other material applied by following the procedures in paragraphs 
(b)(2)(i) and (ii) of this section, or by using formulation data as 
described in paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material 
using Method 24 of 40 CFR part 60, appendix A. The Method 24 
determination may be performed by the owner or operator of the affected 
source, the supplier of the material, or an independent third party. The 
Method 24 result shall be truncated to three places after the decimal 
point (for example, 0.763). If these values cannot be determined using 
Method 24, the owner or operator shall submit an alternative technique 
for determining their values for approval by the Administrator.
    (ii) Calculate the solids weight fraction Method 24 result by 
subtracting

[[Page 434]]

the volatile matter weight fraction Method 24 result from 1.000. This 
calculation may be performed by the owner or operator, the supplier of 
the material, or an independent third party.
    (3) The owner or operator may use formulation data to determine the 
volatile matter weight fraction or solids weight fraction of a material. 
Formulation data may be provided to the owner or operator on a CPDS by 
the supplier of the material or an independent third party. The volatile 
matter weight fraction and solids weight fraction shall be truncated to 
three places after the decimal point (for example, 0.763). In the event 
of any inconsistency between the formulation data and the result of 
Method 24 or Method 24A of 40 CFR part 60, appendix A, where the test 
result for volatile matter weight fraction is higher or the test result 
for solids weight fraction is lower, the applicable test method data 
will take precedence unless, after consultation, the owner or operator 
can demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (d) A performance test of a control device to determine destruction 
efficiency for the purpose of meeting the requirements of Sec. Sec.  
63.824-63.825 shall be conducted by the owner or operator in accordance 
with the following:
    (1) An initial performance test to establish the destruction 
efficiency of an oxidizer and the associated combustion zone temperature 
for a thermal oxidizer and the associated catalyst bed inlet temperature 
for a catalytic oxidizer shall be conducted and the data reduced in 
accordance with the following reference methods and procedures:
    (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample 
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used 
to determine gas volumetric flow rate.
    (iii) Method 3 of 40 CFR part 60, appendix A is used for gas 
analysis to determine dry molecular weight.
    (iv) Method 4 of 40 CFR part 60, appendix A is used to determine 
stack gas moisture.
    (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be 
performed, as applicable, at least twice during each test period.
    (vi) Method 25 of 40 CFR part 60, appendix A, shall be used to 
determine organic volatile matter concentration, except as provided in 
paragraphs (d)(1)(vi)(A) through (D) of this section. The owner or 
operator shall submit notice of the intended test method to the 
Administrator for approval along with notice of the performance test 
required under Sec.  63.7(c). The same method must be used for both the 
inlet and outlet measurements. The owner or operator may use Method 25A 
of 40 CFR part 60, appendix A, if (A) An exhaust gas organic volatile 
matter concentration of 50 parts per million by volume (ppmv) or less as 
carbon is required to comply with the standards of Sec. Sec.  63.824-
63.825, or
    (B) The organic volatile matter concentration at the inlet to the 
control system and the required level of control are such to result in 
exhaust gas organic volatile matter concentrations of 50 ppmv or less as 
carbon, or
    (C) Because of the high efficiency of the control device, the 
anticipated organic volatile matter concentration at the control device 
exhaust is 50 ppmv or less as carbon, regardless of inlet concentration, 
or
    (D) The control device is not an oxidizer.
    (vii) Each performance test shall consist of three separate runs; 
each run conducted for at least one hour under the conditions that exist 
when the affected source is operating under normal operating conditions. 
For the purpose of determining organic volatile matter concentrations 
and mass flow rates, the average of results of all runs shall apply.
    (viii) Organic volatile matter mass flow rates shall be determined 
using Equation 20:

[[Page 435]]

[GRAPHIC] [TIFF OMITTED] TR24MY06.003

Where:

Mf = Total organic volatile matter mass flow rate, kg/hour 
          (h).
Qsd = Volumetric flow rate of gases entering or exiting the 
          control device, as determined according to Sec.  
          63.827(d)(1)(ii), dry standard cubic meters (dscm)/h.
Cc = Concentration of organic compounds as carbon, ppmv.
12.0 = Molecular weight of carbon.
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).
    (ix) Emission control device efficiency shall be determined using 
Equation 21:
[GRAPHIC] [TIFF OMITTED] TR30MY96.020

    (2) The owner or operator shall record such process information as 
may be necessary to determine the conditions of the performance test. 
Operations during periods of start-up, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) For the purpose of determining the value of the oxidizer 
operating parameter that will demonstrate continuing compliance, the 
time-weighted average of the values recorded during the performance test 
shall be computed. For an oxidizer other than catalytic oxidizer, the 
owner or operator shall establish as the operating parameter the minimum 
combustion temperature. For a catalytic oxidizer, the owner or operator 
shall establish as the operating parameter the minimum gas temperature 
upstream of the catalyst bed. These minimum temperatures are the 
operating parameter values that demonstrate continuing compliance with 
the requirements of Sec. Sec.  63.824-63.825.
    (e) A performance test to determine the capture efficiency of each 
capture system venting organic emissions to a control device for the 
purpose of meeting the requirements of Sec.  63.824(b)(1)(ii), Sec.  
63.824(b)(2), Sec.  63.825(c)(2), Sec.  63.825(d)(1)-(2), Sec.  
63.825(f)(2)-(4), or Sec.  63.825(h)(2)-(3) shall be conducted by the 
owner or operator in accordance with the following:
    (1) You may assume your capture efficiency equals 100 percent if 
your capture system is a permanent total enclosure (PTE). You must 
confirm that your capture system is a PTE by demonstrating that it meets 
the requirements of section 6 of Method 204 of 40 CFR part 51, appendix 
M, and that all exhaust gases from the enclosure are delivered to a 
control device.
    (2) You may determine capture efficiency according to the protocols 
for testing with temporary total enclosures that are specified in 
Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may 
exclude never controlled work stations from such capture efficiency 
determinations.
    (f) As an alternative to the procedures specified in Sec.  63.827(e) 
an owner or operator required to conduct a capture efficiency test may 
use any capture efficiency protocol and test methods that satisfy the 
criteria of either the Data Quality Objective (DQO) or the Lower 
Confidence Limit (LCL) approach as described in Appendix A of this 
subpart. The owner or operator may exclude never-controlled work 
stations from such capture efficiency determinations.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29802, May 24, 2006; 76 
FR 22598, Apr. 21, 2011]



Sec.  63.828  Monitoring requirements.

    (a) Following the date on which the initial performance test of a 
control device is completed, to demonstrate continuing compliance with 
the standard, the owner or operator shall monitor and inspect each 
control device required to comply with Sec. Sec.  63.824-63.825 to 
ensure proper operation and maintenance by implementing the applicable 
requirements in paragraph (a)(1) through (a)(5) of this section.
    (1) Owners or operators of product and packaging rotogravure or 
wide-web flexographic presses with intermittently-controllable work 
stations shall

[[Page 436]]

follow one of the procedures in paragraphs (a)(1)(i) through (a)(1)(iv) 
of this section for each dryer associated with such a work station:
    (i) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a flow control position indicator that 
provides a record indicating whether the exhaust stream from the dryer 
was directed to the control device or was diverted from the control 
device. The time and flow control position must be recorded at least 
once per hour, as well as every time the flow direction is changed. The 
flow control position indicator shall be installed at the entrance to 
any bypass line that could divert the exhaust stream away from the 
control device to the atmosphere.
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve or damper is maintained in the closed position 
and the exhaust stream is not diverted through the bypass line.
    (iii) Ensure that any bypass line valve or damper is in the closed 
position through continuous monitoring of valve position. The monitoring 
system shall be inspected at least once every month to ensure that it is 
functioning properly.
    (iv) Use an automatic shutdown system in which the press is stopped 
when flow is diverted away from the control device to any bypass line. 
The automatic system shall be inspected at least once every month to 
ensure that it is functioning properly.
    (2) Compliance monitoring shall be subject to the provisions of 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section, as applicable.
    (i) All continuous emission monitors shall comply with performance 
specifications (PS) 8 or 9 of 40 CFR part 60, appendix B, as 
appropriate. The requirements of appendix F of 40 CFR part 60 shall also 
be followed. In conducting the quarterly audits required by appendix F, 
owners or operators must challenge the monitors with compounds 
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturers 
specifications. The calibration of the chart recorder, data logger, or 
temperature indicator shall be verified every three months; or the chart 
recorder, data logger, or temperature indicator shall be replaced. The 
replacement shall be done either if the owner or operator chooses not to 
perform the calibration, or if the equipment cannot be calibrated 
properly.
    (3) An owner or operator complying with Sec. Sec.  63.824-63.825 
through continuous emission monitoring of a control device shall 
install, calibrate, operate, and maintain continuous emission monitors 
to measure total organic volatile matter concentration and volumetric 
gas flow rate in accordance with Sec.  63.824(b)(1)(ii), Sec.  
63.825(b)(2)(ii), Sec.  63.825(c)(2), or Sec.  63.825(d)(2), as 
applicable.
    (4) An owner or operator complying with the requirements of 
Sec. Sec.  63.824-63.825 through the use of an oxidizer and 
demonstrating continuous compliance through monitoring of an oxidizer 
operating parameter shall:
    (i) For an oxidizer other than a catalytic oxidizer, install, 
calibrate, operate, and maintain a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in 
[deg]C or 1 [deg]C, whichever is greater. The 
thermocouple or temperature sensor shall be installed in the combustion 
chamber at a location in the combustion zone.
    (ii) For a catalytic oxidizer, install, calibrate, operate, and 
maintain a temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being 
monitored in [deg]C or 1 [deg]C, whichever is 
greater. The thermocouple or temperature sensor shall be installed in 
the vent stream at the nearest feasible point to the catalyst bed inlet.
    (5) An owner or operator complying with the requirements of 
Sec. Sec.  63.824-63.825 through the use of a control device and 
demonstrating continuous compliance by monitoring an operating parameter

[[Page 437]]

to ensure that the capture efficiency measured during the initial 
compliance test is maintained, shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec.  63.9(h) of the General Provisions, a plan that
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained,
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance, and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec. Sec.  63.824-63.825, and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (b) Any excursion from the required operating parameters which are 
monitored in accordance with paragraphs (a)(4) and (a)(5) of this 
section, unless otherwise excused, shall be considered a violation of 
the emission standard.

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



Sec.  63.829  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63 subpart A of this 
part that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart are listed in Table 1 of this 
subpart.
    (b) Each owner or operator of an affected source subject to this 
subpart shall maintain the records specified in paragraphs (b)(1) 
through (b)(3) of this section on a monthly basis in accordance with the 
requirements of Sec.  63.10(b)(1) of this part:
    (1) Records specified in Sec.  63.10(b)(2) of this part, of all 
measurements needed to demonstrate compliance with this standard, such 
as continuous emission monitor data, control device and capture system 
operating parameter data, material usage, HAP usage, volatile matter 
usage, and solids usage that support data that the source is required to 
report.
    (2) Records specified in Sec.  63.10(b)(3) of this part for each 
applicability determination performed by the owner or operator in 
accordance with the requirements of Sec.  63.820(a) of this subpart, and
    (3) Records specified in Sec.  63.10(c) of this part for each 
continuous monitoring system operated by the owner or operator in 
accordance with the requirements of Sec.  63.828(a) of this subpart.
    (c) Each owner or operator of an affected source subject to this 
subpart shall maintain records of all liquid-liquid material balances 
performed in accordance with the requirements of Sec. Sec.  63.824-
63.825 of this subpart. The records shall be maintained in accordance 
with the requirements of Sec.  63.10(b) of this part.
    (d) The owner or operator of each facility which commits to the 
criteria of Sec.  63.820(a)(2) shall maintain records of all required 
measurements and calculations needed to demonstrate compliance with 
these criteria, including the mass of all HAP containing materials used 
and the mass fraction of HAP present in each HAP containing material 
used, on a monthly basis.
    (e) The owner or operator of each facility which meets the limits 
and criteria of Sec.  63.821(b)(1) shall maintain records as required in 
paragraph (e)(1) of this section. The owner or operator of each facility 
which meets the limits and criteria of Sec.  63.821(b)(2) shall maintain 
records as required in paragraph (e)(2) of this section. Owners or 
operators shall maintain these records for five years, and upon request, 
submit them to the Administrator.
    (1) For each facility which meets the criteria of Sec.  
63.821(b)(1), the owner or operator shall maintain records of the total 
mass of each material applied on product and packaging rotogravure or 
wide-web flexographic printing presses during each month.
    (2) For each facility which meets the criteria of Sec.  
63.821(b)(2), the owner or operator shall maintain records of the total 
mass and organic HAP content of each material applied on product and 
packaging rotogravure or wide-web flexographic printing presses during 
each month.
    (f) The owner or operator choosing to exclude from an affected 
source, a

[[Page 438]]

product and packaging rotogravure or wide-web flexographic press which 
meets the limits and criteria of Sec.  63.821(a)(2)(ii)(A) shall 
maintain the records specified in paragraphs (f)(1) and (f)(2) of this 
section for five years and submit them to the Administrator upon 
request:
    (1) The total mass of each material applied each month on the press, 
including all inboard and outboard stations, and
    (2) The total mass of each material applied each month on the press 
by product and packaging rotogravure or wide-web flexographic printing 
operations.
    (g) Each owner or operator of an affected source subject to this 
subpart shall maintain records of the occurrence and duration of each 
malfunction of operation (i.e., process equipment), air pollution 
control equipment, or monitoring equipment.
    (h) Each owner or operator of an affected source subject to this 
subpart shall maintain records of actions taken during periods of 
malfunction to minimize emissions in accordance with Sec.  63.823(b), 
including corrective actions to restore malfunctioning process and air 
pollution control and monitoring equipment to its normal or usual manner 
of operation.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76 
FR 22598, Apr. 21, 2011]



Sec.  63.830  Reporting requirements.

    (a) The reporting provisions of 40 CFR part 63 subpart A of this 
part that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart are listed in Table 1 of this 
subpart.
    (b) Each owner or operator of an affected source subject to this 
subpart shall submit the reports specified in paragraphs (b)(1) through 
(b)(6) of this section to the Administrator:
    (1) An initial notification required in Sec.  63.9(b).
    (i) Initial notifications for existing sources shall be submitted no 
later than one year before the compliance date specified in Sec.  
63.826(a), or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.
    (ii) Initial notifications for new and reconstructed sources shall 
be submitted as required by Sec.  63.9(b).
    (iii) For the purpose of this subpart, a Title V or part 70 permit 
application may be used in lieu of the initial notification required 
under Sec.  63.9(b), provided the same information is contained in the 
permit application as required by Sec.  63.9(b), and the State to which 
the permit application has been submitted has an approved operating 
permit program under part 70 of this chapter and has received delegation 
of authority from the EPA.
    (iv) Permit applications shall be submitted by the same due dates as 
those specified for the initial notifications.
    (2) A Notification of Performance Tests specified in Sec. Sec.  63.7 
and 63.9(e) of this part. This notification, and the site-specific test 
plan required under Sec.  63.7(c)(2) shall identify the operating 
parameter to be monitored to ensure that the capture efficiency measured 
during the performance test is maintained. The operating parameter 
identified in the site-specific test plan shall be considered to be 
approved unless explicitly disapproved, or unless comments received from 
the Administrator require monitoring of an alternate parameter.
    (3) A Notification of Compliance Status specified in Sec.  63.9(h) 
of this part.
    (4) Performance test reports specified in Sec.  63.10(d)(2) of this 
part.
    (5) [Reserved]
    (6) A summary report specified in Sec.  63.10(e)(3) of this part 
shall be submitted on a semi-annual basis (i.e., once every 6-month 
period). These summary reports are required even if the affected source 
does not have any control devices or does not take the performance of 
any control devices into account in demonstrating compliance with the 
emission limitations in Sec.  63.824 or Sec.  63.825. In addition to a 
report of operating parameter exceedances as required by Sec.  
63.10(e)(3)(i), the summary report shall include, as applicable:
    (i) Exceedances of the standards in Sec. Sec.  63.824-63.825.
    (ii) Exceedances of either of the criteria of Sec.  63.820(a)(2).
    (iii) Exceedances of the criterion of Sec.  63.821(b)(1) and the 
criterion of Sec.  63.821(b)(2) in the same month.

[[Page 439]]

    (iv) Exceedances of the criterion of Sec.  63.821(a)(2)(ii)(A).
    (v) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec.  63.823(b), including actions taken to 
correct a malfunction.
    (c)(1) As of January 1, 2012, and within 60 days after the date of 
completing each performance test, as defined in Sec.  63.2 and as 
required in this subpart, you must submit performance test data, except 
opacity data, electronically to EPA's Central Data Exchange by using the 
ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the 
requirements in paragraph (c)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraph (c)(1) of this section in paper format.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76 
FR 22598, Apr. 21, 2011; 85 FR 73895, Nov. 19, 2020]



Sec.  63.831  Implementation and enforcement.

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

[68 FR 37354, June 23, 2003]



Sec. Sec.  63.832-63.839  [Reserved]



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

------------------------------------------------------------------------
                                  Applicable to
 General provisions reference       subpart KK            Comment
------------------------------------------------------------------------
Sec.   63.1(a)(1)-(a)(4)......  Yes.
Sec.   63.1(a)(5).............  No...............  Section reserved.
Sec.   63.1(a)(6)-(a)(8)......  No.
Sec.   63.1(a)(9).............  No...............  Section reserved.
Sec.   63.1(a)(10)-(a)(14)....  Yes.

[[Page 440]]

 
Sec.   63.1(b)(1).............  No...............  Subpart KK specifies
                                                    applicability.
Sec.   63.1(b)(2)-(b)(3)......  Yes.
Sec.   63.1(c)(1).............  Yes.
Sec.   63.1(c)(2).............  No...............  Area sources are not
                                                    subject to subpart
                                                    KK.
Sec.   63.1(c)(3).............  No...............  Section reserved.
Sec.   63.1(c)(4).............  Yes.
Sec.   63.1(c)(5).............  No.
Sec.   63.1(c)(6).............  Yes..............
Sec.   63.1(d)................  No...............  Section reserved.
Sec.   63.1(e)................  Yes.
Sec.   63.2...................  Yes..............  Additional
                                                    definitions in
                                                    subpart KK.
Sec.   63.3(a)-(c)............  Yes.
Sec.   63.4(a)(1)-(a)(3)......  Yes.
Sec.   63.4(a)(4).............  No...............  Section reserved.
Sec.   63.4(a)(5).............  Yes.
Sec.   63.4(b)-(c)............  Yes.
Sec.   63.5(a)(1)-(a)(2)......  Yes.
Sec.   63.5(b)(1).............  Yes.
Sec.   63.5(b)(2).............  No...............  Section reserved.
Sec.   63.5(b)(3)-(b)(6)......  Yes.
Sec.   63.5(c)................  No...............  Section reserved.
Sec.   63.5(d)................  Yes.
Sec.   63.5(e)................  Yes.
Sec.   63.5(f)................  Yes.
Sec.   63.6(a)................  Yes.
Sec.   63.6(b)(1)-(b)(5)......  Yes.
Sec.   63.6(b)(6).............  No...............  Section reserved.
Sec.   63.6(b)(7).............  Yes.
Sec.   63.6(c)(1)-(c)(2)......  Yes.
Sec.   63.6(c)(3)-(c)(4)......  No...............  Sections reserved.
Sec.   63.6(c)(5).............  Yes.
Sec.   63.6(d)................  No...............  Section reserved.
Sec.   63.6(e)(1)(i)..........  No...............  See 63.823(b) for
                                                    general duty
                                                    requirement. Any
                                                    cross-reference to
                                                    63.6(e)(1)(i) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.823(b).
Sec.   63.6(e)(1)(ii).........  No...............
Sec.   63.6(e)(1)(iii)........  Yes.
Sec.   63.6(e)(2).............  No...............  Section reserved.
Sec.   63.6(e)(3).............  No...............
Sec.   63.6(f)(1).............  No...............
Sec.   63.6(f)(2)-(f)(3)......  Yes.
Sec.   63.6(g)................  Yes.
Sec.   63.6(h)................  No...............  Subpart KK does not
                                                    require COMS.
Sec.   63.6(i)(1)-(i)(14).....  Yes.
Sec.   63.6(i)(15)............  No...............  Section reserved.
Sec.   63.6(i)(16)............  Yes.
Sec.   63.6(j)................  Yes.
Sec.   63.7(a)-(d)............  Yes.
Sec.   63.7(e)(1).............  No...............  See 63.827
                                                    introductory text.
                                                    Any cross-reference
                                                    to 63.7(e)(1) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to 63.827
                                                    introductory text.
Sec.   63.7(e)(2)-(e)(4)......  Yes.
Sec.   63.8(a)(1)-(a)(2)......  Yes.
Sec.   63.8(a)(3).............  No...............  Section reserved.
Sec.   63.8(a)(4).............  No...............  Subpart KK specifies
                                                    the use of solvent
                                                    recovery devices or
                                                    oxidizers.
Sec.   63.8(b)................  Yes.
Sec.   63.8(c)(1)-(3).........  Yes.
Sec.   63.8(c)(4).............  No...............  Subpart KK specifies
                                                    CMS sampling
                                                    requirements.
Sec.   63.8(c)(5).............  No...............  Subpart KK does not
                                                    require COMS.
Sec.   63.8(c)(6)-(c)(8)......  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec.   63.8(d)(1)-(2).........  Yes.
Sec.   63.8(d)(3).............  Yes, except for
                                 last sentence.
Sec.   63.8(e)-(f)............  Yes.
Sec.   63.8(g)................  No...............  Subpart KK specifies
                                                    CMS data reduction
                                                    requirements.
Sec.   63.9(a)................  Yes.
Sec.   63.9(b)(1).............  Yes.
Sec.   63.9(b)(2).............  Yes..............  Initial notification
                                                    submission date
                                                    extended.
Sec.   63.9(b)(3)-(b)(5)......  Yes.
Sec.   63.9(c)-(e)............  Yes.
Sec.   63.9(f)................  No...............  Subpart KK does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.

[[Page 441]]

 
Sec.   63.9(g)................  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec.   63.9(h)(1)-(h)(3)......  Yes.
Sec.   63.9(h)(4).............  No...............  Section reserved.
Sec.   63.9(h)(5)-(h)(6)......  Yes.
Sec.   63.9(i)................  Yes.
Sec.   63.9(j)................  Yes.
Sec.   63.9(k)................  Yes..............  Only as specified in
                                                    63.9(j).
Sec.   63.10(a)...............  Yes.
Sec.   63.10(b)(1)............  Yes.
Sec.   63.10(b)(2)(i).........  No.
Sec.   63.10(b)(2)(ii)........  No...............  See 63.829(g) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions. See
                                                    63.829(h) for
                                                    recordkeeping of
                                                    actions taken during
                                                    malfunction. Any
                                                    cross-reference to
                                                    63.10(b)(2)(ii) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.829(g).
Sec.   63.10(b)(2)(iii).......  Yes.
Sec.   63.10(b)(2)(iv)-         No.
 (b)(2)(v).
Sec.   63.10(b)(2)(vi)-         Yes.
 (b)(2)(xiv).
Sec.   63.10(b)(3)............  Yes.
Sec.   63.10(c)(1)............  Yes.
Sec.   63.10(c)(2)-(c)(4).....  No...............  Sections reserved.
Sec.   63.10(c)(5)-(c)(8).....  Yes.
Sec.   63.10(c)(9)............  No...............  Section reserved.
Sec.   63.10(c)(10)...........  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(10) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec.   63.10(c)(11)...........  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(11) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec.   63.10(c)(12)-(c)(14)...  Yes.
Sec.   63.10(c)(15)...........  No.
Sec.   63.10(d)(1)-(d)(2).....  Yes.
Sec.   63.10(d)(3)............  No...............  Subpart KK does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec.   63.10(d)(4)............  Yes.
Sec.   63.10(d)(5)............  No.
Sec.   63.10(e)...............  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec.   63.10(f)...............  Yes.
Sec.   63.11..................  No...............  Subpart KK specifies
                                                    the use of solvent
                                                    recovery devices or
                                                    oxidizers.
Sec.   63.12..................  Yes.
Sec.   63.13..................  Yes.
Sec.   63.14..................  Yes.
Sec.   63.15..................  Yes.
------------------------------------------------------------------------


[61 FR 27140, May 30, 1996, as amended at 76 FR 22598, Apr. 21, 2011; 85 
FR 73895, Nov. 19, 2020]



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

                             1. Introduction

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

[[Page 442]]

             2. General Criteria for DQO and LCL Approaches

    2.1 The following general criteria must be met for an alternative 
capture efficiency protocol and test methods to qualify under the DQO or 
LCL approach.
    2.2 An alternative CE protocol must consist of at least three valid 
test runs. Each test run must be at least 20 minutes long. No test run 
can be longer than 24 hours.
    2.3 All test runs must be separate and independent. For example, 
liquid VOC input and output must be determined independently for each 
run. The final liquid VOC sample from one run cannot be the initial 
sample for another run. In addition, liquid input for an entire day 
cannot be apportioned among test runs based on production.
    2.4 Composite liquid samples cannot be used to obtain an ``average 
composition'' for a test run. For example, separate initial and final 
coating samples must be taken and analyzed for each run; initial and 
final samples cannot be combined prior to analysis to derive an 
``average composition'' for the test run.
    2.5 All individual test runs that result in a CE of greater than 105 
percent are invalid and must be discarded.
    2.6 If the source can demonstrate to the regulatory agency that a 
test run should not be considered due to an identified testing or 
analysis error such as spillage of part of the sample during shipping or 
an upset or improper operating conditions that is not considered part of 
normal operation then the test result for that individual test run may 
be discarded. This limited exception allows sources to discard as 
``outliers'' certain individual test runs without replacing them with a 
valid test run as long as the facility has at least three valid test 
runs to use when calculating its DQO or LCL. This exception is limited 
solely to test runs involving the types of errors identified above.
    2.7 All valid test runs that are conducted must be included in the 
average CE determination. The individual test run CE results and average 
CE results cannot be truncated (i.e., 105 percent cannot be reported as 
100 + percent) for purposes of meeting general or specific criteria for 
either the DQO or the LCL. If the DQO is satisfied and the average CE is 
greater than 100, then 100 percent CE must be considered the result of 
the test.
    2.8 Alternative test methods for measuring VOC concentration must 
include a three-point calibration of the gas analysis instrument in the 
expected concentration range.

                   3. Data Quality Objective Approach

    3.1 The purpose of the DQO is to allow sources to use alternative CE 
protocols and test methods while ensuring reasonable precision 
consistent with pertinent requirements of the Clean Air Act. In addition 
to the general criteria described in section 2, the specific DQO 
criterion is that the width of the two-sided 95 percent confidence 
interval of the mean measured value must be less than or equal to 10 
percent of the mean measured value (see Figure 1). This ensures that 95 
percent of the time, when the DQO is met, the actual CE value will be 
5 percent of the mean measured value (assuming 
that the test protocol is unbiased).
[GRAPHIC] [TIFF OMITTED] TC01MY92.047


[[Page 443]]


    3.2 The DQO calculation is made as follows using Equations 1 and 2:
    [GRAPHIC] [TIFF OMITTED] TR24MY06.004
    
    [GRAPHIC] [TIFF OMITTED] TR24MY06.005
    
Where:

a = Distance from the average measured CE value to the endpoints of the 
          95-percent (two-sided) confidence interval for the measured 
          value.
n = Number of valid test runs.
P = DQO indicator statistic, distance from the average measured CE value 
          to the endpoints of the 95-percent (two-sided) confidence 
          interval, expressed as a percent of the average measured CE 
          value.
s = Sample standard deviation.
t0.975 = t-value at the 95-percent (two-sided) confidence 
          level (see Table A-1).
xavg = Average measured CE value (calculated from all valid 
          test runs).
xi = The CE value calculated from the ith test run.

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

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

[GRAPHIC] [TIFF OMITTED] TR30MY96.025

    3.4 The DQO criteria are achieved when all of the general criteria 
in section 2 are achieved and P <=5 percent (i.e., the specific DQO 
criterion is achieved). In order to meet this objective, facilities may 
have to conduct more than three test runs. Examples of calculating P, 
given a finite number of test runs, are shown below. (For purposes of 
this example it is assumed that all of the general criteria are met.)
    3.5 Facility A conducted a CE test using a traditional liquid/gas 
mass balance and submitted the following results and the calculations 
shown in Equations 5 and 6:

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
1..............................................................     96.1
2..............................................................    105.0
3..............................................................    101.2
------------------------------------------------------------------------

Therefore:
n = 3
t0.975 = 4.30
xavg = 100.8
s = 4.51
[GRAPHIC] [TIFF OMITTED] TR30MY96.026

[GRAPHIC] [TIFF OMITTED] TR30MY96.027

    3.6 Since the facility did not meet the specific DQO criterion, they 
ran three more test runs.

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
4..............................................................     93.2
5..............................................................     96.2
6..............................................................     87.6
------------------------------------------------------------------------

    3.7 The calculations for Runs 1-6 are made as follows using 
Equations 7 and 8:

n = 6
t0.975 = 2.57
xavg = 96.6
s = 6.11
[GRAPHIC] [TIFF OMITTED] TR30MY96.028

[GRAPHIC] [TIFF OMITTED] TR30MY96.029


[[Page 444]]


    3.8 The facility still did not meet the specific DQO criterion. They 
ran three more test runs with the following results:

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
7..............................................................     92.9
8..............................................................     98.3
9..............................................................     91.0
------------------------------------------------------------------------

    3.9 The calculations for Runs 1-9 are made as follows using 
Equations 9 and 10:
n = 9
t0.975 = 2.31
xavg = 95.7
s = 5.33
[GRAPHIC] [TIFF OMITTED] TR30MY96.030

[GRAPHIC] [TIFF OMITTED] TR30MY96.031

    3.10 Based on these results, the specific DQO criterion is 
satisfied. Since all of the general criteria were also satisfied, the 
average CE from the nine test runs can be used to determine compliance.

                   4. Lower Confidence Limit Approach

    4.1 The purpose of the LCL approach is to provide sources, that may 
be performing much better than their applicable regulatory requirement, 
a screening option by which they can demonstrate compliance. The 
approach uses less precise methods and avoids additional test runs which 
might otherwise be needed to meet the specific DQO criterion while still 
being assured of correctly demonstrating compliance. It is designed to 
reduce ``false positive'' or so called ``Type II errors'' which may 
erroneously indicate compliance where more variable test methods are 
employed. Because it encourages CE performance greater than that 
required in exchange for reduced compliance demonstration burden, the 
sources that successfully use the LCL approach could produce emission 
reductions beyond allowable emissions. Thus, it could provide additional 
benefits to the environment as well.
    4.2 The LCL approach compares the 80 percent (two-sided) LCL for the 
mean measured CE value to the applicable CE regulatory requirement. In 
addition to the general criteria described in section 2, the specific 
LCL criteria are that either the LCL be greater than or equal to the 
applicable CE regulatory requirement or that the specific DQO criterion 
is met. A more detailed description of the LCL approach follows:
    4.3 A source conducts an initial series of at least three runs. The 
owner or operator may choose to conduct additional test runs during the 
initial test if desired.
    4.4 If all of the general criteria are met and the specific DQO 
criterion is met, then the average CE value is used to determine 
compliance.
    4.5 If the data meet all of the general criteria, but do not meet 
the specific DQO criterion; and the average CE, using all valid test 
runs, is above 100 percent then the test sequence cannot be used to 
calculate the LCL. At this point the facility has the option of (a) 
conducting more test runs in hopes of meeting the DQO or of bringing the 
average CE for all test runs below 100 percent so the LCL can be used or 
(b) discarding all previous test data and retesting.
    4.6 The purpose of the requirement in Section 4.5 is to protect 
against protocols and test methods which may be inherently biased high. 
This is important because it is impossible to have an actual CE greater 
than 100 percent and the LCL approach only looks at the lower end 
variability of the test results. This is different from the DQO which 
allows average CE values up to 105 percent because the DQO sets both 
upper and lower limits on test variability.
    4.7 If at any point during testing the results meet the DQO, the 
average CE can be used for demonstrating compliance with the applicable 
regulatory requirement. Similarly, if the average CE is below 100 
percent then the LCL can be used for demonstrating compliance with the 
applicable regulatory requirement without regard to the DQO.
    4.8 The LCL is calculated at an 80 percent (two-sided) confidence 
level as follows using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR24MY06.006

Where:

LC1 = LCL at an 80-percent (two-sided) confidence level.
n = Number of valid test runs.
s = Sample standard deviation.
t0.90 = t-value at the 80-percent (two-sided) confidence 
          level (see Table A-1).
xavg = Average measured CE value (calculated from all valid 
          test runs).

    4.9 The resulting LC1 is compared to the applicable CE 
regulatory requirement. If LC1 exceeds (i.e., is higher than) 
the applicable regulatory requirement, then a facility is in initial 
compliance. However, if the LC1 is below the CE requirement, 
then the facility must conduct additional test runs. After this point 
the test results will be evaluated not only looking at the LCL, but also 
the DQO of 5 percent of the mean at a 95 percent 
confidence level. If the test results with the additional test runs meet 
the DQO before the LCL exceeds the applicable CE regulatory requirement, 
then the average CE value will be compared to the applicable CE 
regulatory requirement for determination of compliance.

[[Page 445]]

    4.10 If there is no specific CE requirement in the applicable 
regulation, then the applicable CE regulatory requirement is determined 
based on the applicable regulation and an acceptable destruction 
efficiency test. If the applicable regulation requires daily compliance 
and the latest CE compliance demonstration was made using the LCL 
approach, then the calculated LC1 will be the highest CE 
value which a facility is allowed to claim until another CE 
demonstration test is conducted. This last requirement is necessary to 
assure both sufficiently reliable test results in all circumstances and 
the potential environmental benefits referenced above.
    4.11 An example of calculating the LCL is shown below. Facility B's 
applicable regulatory requirement is 85 percent CE. Facility B conducted 
a CE test using a traditional liquid/gas mass balance and submitted the 
following results and the calculation shown in Equation 12:

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

Therefore:

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

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

          5. Recommended Reporting for Alternative CE Protocols

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

       6. Recommended Recordkeeping for Alternative CE Protocols.

    6.1 A record should be kept at the facility of all raw data recorded 
during the test in a suitable form for submittal to the appropriate 
regulatory authority upon request.

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



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

    Source: 62 FR 52407, Oct. 7, 1997, unless otherwise noted.



Sec.  63.840  Applicability.

    (a) Except as provided in paragraph (b) of this section, the 
requirements of this subpart apply to the owner or operator of each new 
or existing pitch storage tank, potline, paste production plant and 
anode bake furnace associated with primary aluminum production and 
located at a major source as defined in Sec.  63.2.
    (b) The requirements of this subpart do not apply to any existing 
anode bake furnace that is not located on the same site as a primary 
aluminum reduction plant. The owner or operator shall comply with the 
State MACT determination established by the applicable regulatory 
authority.

[[Page 446]]

    (c) An owner or operator of an affected facility (potroom group or 
anode bake furnace) under Sec.  60.190 of this chapter may elect to 
comply with either the requirements of Sec.  63.845 of this subpart or 
the requirements of subpart S of part 60 of this chapter.

[62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62414, Oct. 15, 2015]



Sec.  63.841  [Reserved]



Sec.  63.842  Definitions.

    Terms used in this subpart are defined in the Clean Air Act as 
amended (the Act), in Sec.  63.2, or in this section as follows:
    Anode bake cycle means the period during which the regularly 
repeated sequence of loading, preheating, firing, cooling, and removing 
anodes from all sections within an anode bake furnace occurs one time.
    Anode bake furnace means an oven in which the formed green anodes 
are baked for use in a prebake process. This definition includes 
multiple anode bake furnaces controlled by a common control device (bake 
furnaces controlled by a common control device are considered to be one 
source).
    Center-worked prebake (CWPB) process means a method of primary 
aluminum reduction using the prebake process in which the alumina feed 
is added down the center of the reduction cell.
    Center-worked prebake one (CWPB1) means all existing center-worked 
prebake potlines not defined as center-worked prebake two (CWPB2) or 
center-worked prebake three (CWPB3) potlines.
    Center-worked prebake two (CWPB2) means all existing center-worked 
prebake potlines located at Alcoa in Rockdale, Texas; Kaiser Aluminum in 
Mead, Washington; Ormet Corporation in Hannibal, Ohio; Ravenswood 
Aluminum in Ravenswood, West Virginia; Reynolds Metals in Troutdale, 
Oregon; and Vanalco Aluminum in Vancouver, Washington.
    Center-worked prebake three (CWPB3) means all existing center-worked 
prebake potlines that produce very high purity aluminum, have a wet 
scrubber for the primary control system, and are located at the NSA 
primary aluminum plant in Hawesville, Kentucky.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    High purity aluminum means aluminum produced with an average purity 
level of at least 99.9 percent.
    Modified potroom group means an existing potroom group to which any 
physical change in, or change in the method of operation of, results in 
an increase in the amount of total fluoride emitted into the atmosphere 
by that potroom group.
    Operating day means a 24-hour period between 12 midnight and the 
following midnight during which an affected source operates at any time. 
It is not necessary for operations to occur for the entire 24-hour 
period.
    Particulate matter (PM) means, for the purposes of this subpart, 
emissions of particulate matter that serve as a measure of total 
particulate emissions and as a surrogate for metal hazardous air 
pollutants contained in the particulates, including but not limited to: 
Antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, nickel and selenium.
    Paste production plant means the processes whereby calcined 
petroleum coke, coal tar pitch (hard or liquid) and/or other materials 
are mixed, transferred and formed into briquettes or paste for vertical 
stud Soderberg (VSS) processes or into green anodes for a prebake 
process. This definition includes all operations from initial mixing to 
final forming (i.e., briquettes, paste, green anodes) within the paste 
production plant, including conveyors and units managing heated liquid 
pitch.
    Pitch storage tank means any fixed roof tank that is used to store 
liquid pitch that is not part of the paste production plant.
    Polychlorinated biphenyl (PCB) means any or all of the 209 possible 
chlorinated biphenyl isomers.

[[Page 447]]

    Polycyclic organic matter (POM) means organic matter extractable by 
methylene chloride as determined by Method 315 in appendix A to this 
part or by an approved alternative method.
    Potline means a single, discrete group of electrolytic reduction 
cells electrically connected in series, in which alumina is reduced to 
form aluminum.
    Potroom means a building unit that houses a group of electrolytic 
cells in which aluminum is produced.
    Potroom group means an uncontrolled potroom, a potroom that is 
controlled individually, or a group of potrooms or potroom segments 
ducted to a common control system.
    Prebake process means a method of primary aluminum reduction that 
uses an anode that was baked in an anode bake furnace, which is 
introduced into the top of the reduction cell and consumed as part of 
the reduction process.
    Primary aluminum reduction plant means any facility manufacturing 
aluminum by electrolytic reduction.
    Primary control system means the equipment used to capture the gases 
and particulate matter evacuated directly from the reduction cell and 
the emission control device(s) used to remove pollutants prior to 
discharge of the cleaned gas to the atmosphere. A roof scrubber is not 
part of the primary control system.
    Primary emissions means the emissions discharged from the primary 
control system.
    Reconstructed potroom group means an existing potroom group for 
which the components are replaced to such an extent that the fixed 
capital cost of the new components exceeds 50 percent of the fixed 
capital cost that would be required to construct a comparable entirely 
new potroom group, and for which it is technologically and economically 
feasible to meet the applicable emission limits for total fluoride set 
forth in this subpart.
    Reconstruction means the replacement of components of a source to 
such an extent that:
    (1) All of the major components of the source are replaced (for 
example, the major components of a potline include the raw material 
handling system, reduction cells, superstructure, hooding, ductwork, 
etc.); and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the standards for new sources established 
in this subpart.
    Roof monitor means that portion of the roof of a potroom building 
where gases not captured at the cell exit from the potroom.
    Secondary emissions means the fugitive emissions that are not 
captured and controlled by the primary control system and that escape 
through the roof monitor or through roof scrubbers.
    Side-worked prebake (SWPB) process means a method of primary 
aluminum reduction using the prebake process, in which the alumina is 
added along the sides of the reduction cell.
    Soderberg process means a method of primary aluminum reduction in 
which the anode paste mixture is baked in the reduction pot by the heat 
resulting from the electrolytic process.
    Startup of an anode bake furnace means the process of initiating 
heating to the anode bake furnace. The startup or re-start of the 
furnace begins when the heating begins. The startup or re-start 
concludes at the start of the second anode bake cycle if the furnace was 
at ambient temperature upon startup or when the anode bake cycle resumes 
if the furnace was not at ambient temperature.
    Total fluorides (TF) means elemental fluorine and all fluoride 
compounds as measured by Methods 13A or 13B in appendix A to part 60 of 
this chapter or by an approved alternative method.
    Toxicity equivalence (TEQ) means an international method of 
expressing toxicity equivalents for PCBs as defined in U.S. EPA, 
Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk 
Assessments of 2,3,7,8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like 
Compounds, EPA/100/R-10/005 December 2010.
    Vertical stud Soderberg two (VSS2) means all existing vertical stud 
Soderberg potlines located at Columbia Falls Aluminum in Columbia Falls, 
Montana.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 
FR 62414, Oct. 15, 2015]

[[Page 448]]



Sec.  63.843  Emission limits for existing sources.

    (a) Potlines. The owner or operator shall not discharge or cause to 
be discharged into the atmosphere any emissions of TF, POM, PM, nickel, 
arsenic or PCB in excess of the applicable limits in paragraphs (a)(1) 
through (6) of this section.
    (1) TF limits. Emissions of TF shall not exceed:
    (i) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for each CWPB1 
potline;
    (ii) 1.5 kg/Mg (3.0 lb/ton) of aluminum produced for each CWPB2 
potline;
    (iii) 1.25 kg/Mg (2.5 lb/ton) of aluminum produced for each CWPB3 
potline;
    (iv) 0.8 kg/Mg (1.6 lb/ton) of aluminum produced for each SWPB 
potline; and
    (v) [Reserved]
    (vi) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each VSS2 
potline.
    (2) POM limits. Emissions of POM shall not exceed:
    (i)--(ii) [Reserved]
    (iii) 0.85 kg/Mg (1.9 lb/ton) of aluminum produced for each VSS2 
potline;
    (iv) 0.55 kg/Mg (1.1 lb/ton) of aluminum produced for each CWPB1 
prebake potline;
    (v) 6.0 kg/Mg (12 lb/ton) of aluminum produced for each CWPB2 
prebake potline;
    (vi) 1.4 kg/Mg (2.7 lb/ton) of aluminum produced for each CWPB3 
prebake potline; and
    (vii) 8.5 kg/Mg (17 lb/ton) of aluminum produced for each SWPB 
prebake potline.
    (3) PM limits. Emissions of PM shall not exceed:
    (i) 3.7 kg/Mg (7.4 lb/ton) of aluminum produced for each CWPB1 
potline;
    (ii) 5.5 kg/Mg (11 lb/ton) of aluminum produced for each CWPB2 
potline;
    (iii) 10 kg/Mg (20 lb/ton) of aluminum produced for each CWPB3 
potline;
    (iv) 2.45 kg/Mg (4.9 lb/ton) of aluminum produced for each SWPB 
potline; and
    (v) 13 kg/Mg (26 lb/ton) of aluminum produced for each VSS2 potline.
    (4) Nickel limit. Emissions of nickel shall not exceed 0.07 lb/ton 
of aluminum produced from each VSS2 potline at a primary aluminum 
reduction plant.
    (5) Arsenic limit. Emissions of arsenic shall not exceed 0.006 lb/
ton of aluminum produced from each VSS2 potline at a primary aluminum 
reduction plant.
    (6) PCB limit. Emissions of PCB shall not exceed 2.0 [micro]g 
toxicity equivalence (TEQ) per ton of aluminum produced from each VSS2 
potline at a primary aluminum reduction plant.
    (7) Change in subcategory. Any potline, other than a reconstructed 
potline, that is changed such that its applicable subcategory also 
changes shall meet the applicable emission limit in this subpart for the 
original subcategory or the new subcategory, whichever is more 
stringent.
    (b) Paste production plants. The owner or operator shall install, 
operate and maintain equipment to capture and control POM and PM 
emissions from each paste production plant.
    (1) The emission capture system shall be installed and operated to 
meet the generally accepted engineering standards for minimum exhaust 
rates as published by the American Conference of Governmental Industrial 
Hygienists in Chapters 3 and 5 of ``Industrial Ventilation: A Handbook 
of Recommended Practice'' (incorporated by reference; see Sec.  63.14); 
and
    (2) Captured emissions shall be routed through a closed system to a 
dry coke scrubber; or
    (3) The owner or operator may submit a written request for use of an 
alternative control device to the applicable regulatory authority for 
review and approval. The request shall contain information and data 
demonstrating that the alternative control device achieves POM emissions 
less than 0.011 lb/ton of paste for plants with continuous mixers or POM 
emissions less than 0.024 lb/ton of paste for plants with batch mixers. 
The POM emission rate shall be determined by sampling using Method 315 
in appendix A to this part.
    (4) PM limit. Emissions of PM shall not exceed 0.041 kg/Mg (0.082 
lb/ton) of paste.
    (c) Anode bake furnaces. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere any emissions of TF, POM, 
PM or mercury in excess of the limits in paragraphs (c)(1) through (4) 
of this section.

[[Page 449]]

    (1) TF limit. Emissions of TF shall not exceed 0.10 kg/Mg (0.20 lb/
ton) of green anode;
    (2) POM limit. Emissions of POM shall not exceed 0.09 kg/Mg (0.18 
lb/ton) of green anode;
    (3) PM limit. Emissions of PM shall not exceed 0.10 kg/Mg (0.20 lb/
ton) of green anode; and
    (4) Mercury limit. Emissions of mercury shall not exceed 1.7 
[micro]g/dscm.
    (d) Pitch storage tanks. Each pitch storage tank shall be equipped 
with an emission control system designed and operated to reduce inlet 
emissions of POM by 95 percent or greater.
    (e) COS limit. Emissions of COS must not exceed 1.95 kg/Mg (3.9 lb/
ton) of aluminum produced for each potline.
    (f) 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.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 
FR 62415, Oct. 15, 2015]



Sec.  63.844  Emission limits for new or reconstructed sources.

    (a) Potlines. The owner or operator shall not discharge or cause to 
be discharged into the atmosphere any emissions of TF, POM, PM, nickel, 
arsenic or PCB in excess of the applicable limits in paragraphs (a)(1) 
through (6) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.6 kg/Mg (1.2 lb/
ton) of aluminum produced; and
    (2) POM limit. Emissions of POM from potlines must not exceed 0.39 
kg/Mg (0.77 lb/ton) of aluminum produced.
    (3) PM limit. Emissions of PM from potlines must not exceed 2.45 kg/
Mg (4.9 lb/ton) of aluminum produced.
    (4) Nickel limit. Emissions of nickel shall not exceed 0.035 kg/Mg 
(0.07 lb/ton) of aluminum produced from each Soderberg potline at a 
primary aluminum reduction plant.
    (5) Arsenic limit. Emissions of arsenic shall not exceed 0.003 kg/Mg 
(0.006 lb/ton) of aluminum produced from each Soderberg potline at a 
primary aluminum reduction plant.
    (6) PCB limit. Emissions of PCB shall not exceed 2.0 [micro]g TEQ/
ton of aluminum produced from each Soderberg potline at a primary 
aluminum reduction plant.
    (b) Paste production plants. (1) The owner or operator shall meet 
the requirements in Sec.  63.843(b)(1) through (3) for existing paste 
production plants and shall not discharge or cause to be discharged into 
the atmosphere any emissions of PM in excess of the limit in paragraph 
(b)(2) of this section.
    (2) Emissions of PM shall not exceed 0.0028 kg/Mg (0.0056 lb/ton) of 
green anode.
    (c) Anode bake furnaces. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere any emissions of TF, PM, 
POM or mercury in excess of the limits in paragraphs (c)(1) through (4) 
of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.01 kg/Mg (0.02 lb/
ton) of green anode;
    (2) POM limit. Emissions of POM shall not exceed 0.025 kg/Mg (0.05 
lb/ton) of green anode;
    (3) PM limit. Emissions of PM shall not exceed 0.035 kg/Mg (0.07 lb/
ton) of green anode; and
    (4) Mercury limit. Emissions of mercury shall not exceed 1.7 
[micro]g/dscm.
    (d) Pitch storage tanks. Each pitch storage tank shall be equipped 
with an emission control system designed and operated to reduce inlet 
emissions of POM by 95 percent or greater.
    (e) COS limit. Emissions of COS must not exceed 1.55 kg/Mg (3.1 lb/
ton) of aluminum produced for each potline.
    (f) 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

[[Page 450]]

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.

[62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62416, Oct. 15, 2015]



Sec.  63.845  Incorporation of new source performance standards 
for potroom groups.

    (a) Applicability. The provisions in paragraphs (a) through (i) of 
this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that 
adds a new potroom group to an existing potline or that is associated 
with a potroom group that meets the definition of ``modified potroom 
group'' or ``reconstructed potroom group.''
    (1) The following shall not, by themselves, be considered to result 
in a potroom group modification:
    (i) Maintenance, repair, and replacement that the applicable 
regulatory authority determines to be routine for the potroom group;
    (ii) An increase in production rate of an existing potroom group, if 
that increase can be accomplished without a capital expenditure on that 
potroom group;
    (iii) An increase in the hours of operation;
    (iv) Use of an alternative fuel or raw material if, prior to the 
effective date of this subpart, the existing potroom group was designed 
to accommodate that alternative use;
    (v) The addition or use of any system or device whose primary 
function is the reduction of air pollutants, except when an emission 
control system is removed or is replaced by a system that the applicable 
regulatory authority determines to be less environmentally beneficial; 
and
    (vi) The relocation or change in ownership of an existing potroom 
group.
    (2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of 
this section apply when the applicable regulatory authority must 
determine if a potroom group meets the definition of reconstructed 
potroom group.
    (i) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (ii) If an owner or operator of an existing potroom group proposes 
to replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new potroom group, he/she shall notify 
the applicable regulatory authority of the proposed replacements. The 
notice must be postmarked 60 days (or as soon as practicable) before 
construction of the replacements is commenced and must include the 
following information:
    (A) Name and address of the owner or operator;
    (B) The location of the existing potroom group;
    (C) A brief description of the existing potroom group and the 
components that are to be replaced;
    (D) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment;
    (E) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new potroom group;
    (F) The estimated life of the existing potroom group after the 
replacements; and
    (G) A discussion of any economic or technical limitations the 
potroom group may have in complying with the applicable standards of 
performance after the proposed replacements.
    (iii) The applicable regulatory authority will determine, within 30 
days of the receipt of the notice required by paragraph (a)(2)(ii) of 
this section and any additional information he/she may reasonably 
require, whether the proposed replacement constitutes a reconstructed 
potroom group.
    (iv) The applicable regulatory authority's determination under 
paragraph (a)(2)(iii) of this section shall be based on:
    (A) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new potroom group;
    (B) The estimated life of the potroom group after the replacements 
compared

[[Page 451]]

to the life of a comparable entirely new potroom group;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the potroom group; and
    (D) Any economic or technical limitations on compliance with 
applicable standards of performance that are inherent in the proposed 
replacements.
    (b) Lower TF emission limit. The owner or operator shall calculate a 
lower TF emission limit for any potline associated with the modified 
potroom group, reconstructed potroom group, or new potroom group using 
the following equation:

L1 = f1 x LPG1 + (1-f1) x 
LPL

Where:

L1 = the lower TF emission limit in kg/Mg (lb/ton);
f1 = the fraction of the potline's total aluminum production 
          capacity that is contained within all modified potroom groups, 
          reconstructed potroom groups, and new potroom groups;
LPG1 = 0.95 kg/Mg (1.9 lb/ton) for prebake potlines and 1.0 
          kg/Mg (2.0 lb/ton) for Soderberg potlines; and
LPL = the TF emission limit from Sec.  63.843(a)(1) for the 
          appropriate potline subcategory that would have otherwise 
          applied to the potline.

    (c) Upper TF emission limit. The owner or operator shall calculate 
an upper TF emission limit for any potline associated with the modified 
potroom group, reconstructed potroom group, or new potroom group using 
the following equation:

L2 = f1 x LPG2 + (1-f1) x 
LPL

Where:

L2 = the upper TF emission limit in kg/Mg (lb/ton); and
LPG2 = 1.25 kg/Mg (2.5 lb/ton) for prebake potlines and 1.3 
          kg/Mg (2.6 lb/ton) for Soderberg potlines.

    (d) Recalculation. The TF emission limits in paragraphs (b) and (c) 
of this section shall be recalculated each time a new potroom group is 
added to the potline and each time an additional potroom group meets the 
definition of ``modified potroom group'' or ``reconstructed potroom 
group.''
    (e) Emission limitation. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere emissions of TF from any 
potline associated with the modified potroom group, reconstructed 
potroom group, or new potroom group that exceed the lower emission limit 
calculated in paragraph (b) of this section, except that emissions less 
than the upper limit calculated in paragraph (c) of this section will be 
considered in compliance if the owner or operator demonstrates that 
exemplary operation and maintenance procedures were used with respect to 
the emission control system and that proper control equipment was 
operating at the potline during the performance test.
    (f) Report. Within 30 days of any performance test that reveals 
emissions that fall between the lower limit calculated in paragraph (b) 
of this section and the upper limit calculated in paragraph (c) of this 
section, the owner or operator shall submit to the applicable regulatory 
authority a report indicating whether all necessary control devices were 
online and operating properly during the performance test, describing 
the operating and maintenance procedures followed, and setting forth any 
explanation for the excess emissions.
    (g) Procedures to determine TF emissions. The owner or operator 
shall determine TF emissions for the potline using the following 
procedures:
    (1) Determine the emission rate of TF in kg/Mg (lb/ton) from 
sampling secondary emissions and the primary control system for all new 
potroom groups, modified potroom groups, and reconstructed potroom 
groups using the procedures, equations, and test methods in Sec. Sec.  
63.847, 63.848, and 63.849.
    (2) Determine the emission rate of TF in kg/Mg (lb/ton) from 
sampling secondary emissions and the primary control system for potroom 
groups or sections of potroom groups within the potline that are not new 
potroom groups, modified potroom groups, or reconstructed potroom groups 
according to paragraphs (g)(2)(i) or (g)(2)(ii) of this section.
    (i) Determine the mass emission rate of TF in kg/Mg (lb/ton) from at 
least one potroom group within the potline that is not a new potroom 
group, modified potroom group, or reconstructed potroom group using the 
procedures,

[[Page 452]]

equations, and test methods in Sec. Sec.  63.847, 63.848, and 63.849, or
    (ii) Use the results of the testing required by paragraph (g)(1) of 
this section to represent the entire potline based on a demonstration 
that the results are representative of the entire potline. 
Representativeness shall be based on showing that all of the potroom 
groups associated with the potline are substantially equivalent in terms 
of their structure, operability, type of emissions, volume of emissions, 
and concentration of emissions.
    (3) Calculate the TF emissions for the potline in kg/Mg (lb/ton) 
based on the production-weighted average of the TF emission rates from 
paragraphs (g)(1) and (g)(2) of this section using the following 
equation:

E = f1 x EPG1 + (1-f1) x EPL

where:

E = the TF emission rate for the entire potline, kg/Mg (lb/ton);
f1 = the fraction of the potline's total aluminum production 
          rate that is contained within all modified potroom groups, 
          reconstructed potroom groups, and new potroom groups;
EPG1 = the TF emission rate from paragraph (g)(1) of this 
          section for all modified potroom groups, reconstructed potroom 
          groups, and new potroom groups, kg/Mg (lb/ton); and
EPL = the TF emission rate for the balance of the potline 
          from paragraph (g)(2) of this section, kg/Mg (lb/ton).

    Compliance is demonstrated when TF emissions for the potline meet 
the requirements in paragraph (e) of this section.
    (4) As an alternative to sampling as required in paragraphs (g)(1) 
and (g)(2) of this section, the owner or operator may perform 
representative sampling of the entire potline subject to the approval of 
the applicable regulatory authority. Such sampling shall provide 
coverage by the sampling equipment of both the new, modified, or 
reconstructed potroom group and the balance of the potline. The coverage 
for the new, modified, or reconstructed potroom group must meet the 
criteria specified in the reference methods in Sec.  63.849. TF 
emissions shall be determined for the potline using the procedures, 
equations, and test methods in Sec. Sec.  63.847, 63.848, and 63.849. 
Compliance is demonstrated when TF emissions for the potline meet the 
requirements in paragraph (e) of this section.
    (h) Opacity. Except as provided in paragraph (i) of this section, 
the owner or operator shall not discharge or cause to be discharged into 
the atmosphere from the modified potroom group, reconstructed potroom 
group, or new potroom group any emissions of gases that exhibit 10 
percent opacity or greater.
    (i) Alternative opacity limit. An alternative opacity limit may be 
established in place of the opacity limit in paragraph (h) of this 
section using the following procedures:
    (1) If the regulatory authority finds that a potline is in 
compliance with the applicable TF standard for which performance tests 
are conducted in accordance with the methods and procedures in Sec.  
63.849 but during the time such performance tests are being conducted 
fails to meet any applicable opacity standard, the regulatory authority 
shall notify and advise the owner or operator that he/she may petition 
the regulatory authority within 10 days of receipt of notification to 
make appropriate adjustment to the opacity standard.
    (2) The regulatory authority will grant such a petition upon a 
demonstration by the owner or operator that the potroom group and 
associated air pollution control equipment were operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed under the conditions 
established by the regulatory authority; and that the potroom group and 
associated air pollution control equipment were incapable of being 
adjusted or operated to meet the applicable opacity standard.
    (3) As indicated by the performance and opacity tests, the 
regulatory authority will establish an opacity standard for any potroom 
group meeting the requirements in paragraphs (i)(1) and (i)(2) of this 
section such that the opacity standard could be met by the potroom group 
at all times during which the potline is meeting the TF emission limit.

[[Page 453]]

    (4) The alternative opacity limit established in paragraph (i)(3) of 
this section shall not be greater than 20 percent opacity.



Sec.  63.846  Emission averaging.

    (a) General. The owner or operator of an existing potline or anode 
bake furnace in a State that does not choose to exclude emission 
averaging in the approved operating permit program may demonstrate 
compliance by emission averaging according to the procedures in this 
section.
    (b) Potlines. The owner or operator may average emissions from 
potlines and demonstrate compliance with the limits in Tables 1 through 
3 of this subpart using the procedures in paragraphs (b)(1) through (3) 
of this section.
    (1) Semiannual average emissions of TF shall not exceed the 
applicable emission limit in Table 1 of this subpart. The emission rate 
shall be calculated based on the total primary and secondary emissions 
from all potlines comprising the averaging group over the period divided 
by the quantity of aluminum produced during the period, from all 
potlines comprising the averaging group. To determine compliance with 
the applicable emission limit in Table 1 of this subpart for TF 
emissions, the owner or operator shall determine the average emissions 
(in lb/ton) from each potline from at least three runs per potline 
semiannually for TF secondary emissions and at least three runs per 
potline primary control system each year using the procedures and 
methods in Sec. Sec.  63.847 and 63.849. The owner or operator shall 
combine the results of secondary TF average emissions with the TF 
results for the primary control system and divide total emissions by 
total aluminum production.
    (2) Semiannual average emissions of POM shall not exceed the 
applicable emission limit in Table 2 of this subpart. The emission rate 
shall be calculated based on the total primary and secondary emissions 
from all potlines comprising the averaging group over the period divided 
by the quantity of aluminum produced during the period, from all 
potlines comprising the averaging group. To determine compliance with 
the applicable emission limit in Table 2 of this subpart for POM 
emissions, the owner or operator shall determine the average emissions 
(in lb/ton) from each potline from at least three runs per potline 
semiannually for POM secondary emissions and at least three runs per 
potline primary control system each year for POM primary emissions using 
the procedures and methods in Sec. Sec.  63.847 and 63.849. The owner or 
operator shall combine the results of secondary POM average emissions 
with the POM results for the primary control system and divide total 
emissions by total aluminum production.
    (3) Semiannual average emissions of PM shall not exceed the 
applicable emission limit in Table 3 of this subpart. The emission rate 
shall be calculated based on the total primary and secondary emissions 
from all potlines comprising the potline group over the period divided 
by the quantity of aluminum produced during the period, from all 
potlines comprising the averaging group. To determine compliance with 
the applicable emission limit in Table 3 of this subpart for PM 
emissions, the owner or operator shall determine the average emissions 
(in lb/ton) from each potline from at least three runs per potline 
semiannually for PM secondary emissions and at least three runs per 
potline primary control system each year for PM primary emissions using 
the procedures and methods in Sec. Sec.  63.847 and 63.849. The owner or 
operator shall combine the results of secondary PM average emissions 
with the PM results for the primary control system and divide total 
emissions by total aluminum production.
    (c) Anode bake furnaces. The owner or operator may average TF 
emissions from anode bake furnaces and demonstrate compliance with the 
limits in Table 4 of this subpart using the procedures in paragraphs 
(c)(1) and (2) of this section. The owner or operator also may average 
POM emissions from anode bake furnaces and demonstrate compliance with 
the limits in Table 4 of this subpart using the procedures in paragraphs 
(c)(1) and (2) of this section. The owner or operator also may average 
PM emissions from anode bake furnaces and demonstrate compliance

[[Page 454]]

with the limits in Table 4 of this subpart using the procedures in 
paragraphs (c)(1) and (2) of this section.
    (1) Annual emissions of TF, POM and/or PM from a given number of 
anode bake furnaces making up each averaging group shall not exceed the 
applicable emission limit in Table 4 of this subpart in any one year; 
and
    (2) To determine compliance with the applicable emission limit in 
Table 4 of this subpart for anode bake furnaces, the owner or operator 
shall determine TF, POM and/or PM emissions from the control device for 
each anode bake furnace at least once each year using the procedures and 
methods in Sec. Sec.  63.847 and 63.849.
    (d) Implementation plan. The owner or operator shall develop and 
submit an implementation plan for emission averaging to the applicable 
regulatory authority for review and approval according to the following 
procedures and requirements:
    (1) Deadlines. The owner or operator must submit the implementation 
plan no later than 6 months before the date that the facility intends to 
comply with the emission averaging limits.
    (2) Contents. The owner or operator shall include the following 
information in the implementation plan or in the application for an 
operating permit for all emission sources to be included in an emissions 
average:
    (i) The identification of all emission sources (potlines or anode 
bake furnaces) in the average;
    (ii) The assigned TF, POM and/or PM emission limit for each 
averaging group of potlines and/or anode bake furnaces;
    (iii) The specific control technologies or pollution prevention 
measures to be used for each emission source in the averaging group and 
the date of its installation or application. If the pollution prevention 
measures reduce or eliminate emissions from multiple sources, the owner 
or operator must identify each source;
    (iv) The test plan for the measurement of TF, POM and/or PM 
emissions in accordance with the requirements in Sec.  63.847(b);
    (v) The operating parameters to be monitored for each control system 
or device and a description of how the operating limits will be 
determined;
    (vi) If the owner or operator requests to monitor an alternative 
operating parameter pursuant to Sec.  63.848(l):
    (A) A description of the parameter(s) to be monitored and an 
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device; the frequency and content of monitoring, reporting, and 
recordkeeping requirements; and a demonstration, to the satisfaction of 
the applicable regulatory authority, that the proposed monitoring 
frequency is sufficient to represent control device operating 
conditions; and
    (vii) A demonstration that compliance with each of the applicable 
emission limit(s) will be achieved under representative operating 
conditions.
    (3) Approval criteria. Upon receipt, the regulatory authority shall 
review and approve or disapprove the plan or permit application 
according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (d)(2) of this section; and
    (ii) Whether the plan or permit application presents sufficient 
information to determine that compliance will be achieved and 
maintained.
    (4) Prohibitions. The applicable regulatory authority shall not 
approve an implementation plan or permit application containing any of 
the following provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources. Emission averaging shall not be allowed 
between TF, POM and/or PM, and emission averaging shall not be allowed 
between potlines and anode bake furnaces;
    (ii) The inclusion of any emission source other than an existing 
potline or existing anode bake furnace or the inclusion of any potline 
or anode bake furnace not subject to the same operating permit; or
    (iii) The inclusion of any potline or anode bake furnace while it is 
shut down, in the emission calculations.

[[Page 455]]

    (5) Term. Following review, the applicable regulatory authority 
shall approve the plan or permit application, request changes, or 
request additional information. Once the applicable regulatory authority 
receives any additional information requested, the applicable regulatory 
authority shall approve or disapprove the plan or permit application 
within 120 days.
    (i) The applicable regulatory authority shall approve the plan for 
the term of the operating permit;
    (ii) To revise the plan prior to the end of the permit term, the 
owner or operator shall submit a request to the applicable regulatory 
authority; and
    (iii) The owner or operator may submit a request to the applicable 
regulatory authority to implement emission averaging after the 
applicable compliance date.
    (6) Operation. While operating under an approved implementation 
plan, the owner or operator shall monitor the operating parameters of 
each control system, keep records, and submit periodic reports as 
required for each source subject to this subpart.

[62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62416, Oct. 15, 2015]



Sec.  63.847  Compliance provisions.

    (a) Compliance dates. The owner operator of a primary aluminum 
reduction plant must comply with the requirements of this subpart by the 
applicable compliance date in paragraph (a)(1), (a)(2) or (a)(4) of this 
section:
    (1) Except as noted in paragraph (a)(2) of this section, the 
compliance date for an owner or operator of an existing plant or source 
subject to the provisions of this subpart is October 7, 1999.
    (2) The compliance dates for existing plants and sources are:
    (i) October 15, 2015 for the malfunction provisions of Sec.  
63.850(d)(2) and (e)(4)(xvi) and (xvii) and the electronic reporting 
provisions of Sec.  63.850(b), (c) and (f) which became effective 
October 15, 2015.
    (ii) October 17, 2016 for potline work practice standards in Sec.  
63.854 and COS emission limit provisions of Sec.  63.843(e); for anode 
bake furnace startup practices in Sec.  63.847(l) and PM emission limits 
in Sec.  63.843(c)(3); for Soderberg potline PM and PCB emission limits 
in Sec.  63.843(a)(3)(v) and (a)(6); and for paste production plant 
startup practices in Sec.  63.847(m) and PM emission limits in Sec.  
63.843(b)(4) which became effective October 15, 2015.
    (iii) October 16, 2017 for prebake potline POM emission limits in 
Sec.  63.843(a)(2)(iv) through (vii); for Soderberg potline POM, As and 
Ni emission limits in Sec. Sec.  63.843(a)(2)(iii), (a)(4) and (5); for 
prebake potline PM emission limits in Sec.  63.843(a)(3); for anode bake 
furnace Hg emission limits in Sec.  63.843(c)(4); and for the pitch 
storage tank POM limit provisions of Sec.  63.843(d) which became 
effective October 15, 2015.
    (3) [Reserved]
    (4) Upon startup, for an owner or operator of a new or reconstructed 
source.
    (5) Except as provided in paragraphs (a)(6) and (7) of this section, 
a new affected source is one for which construction or reconstruction 
commenced after September 26, 1996.
    (6) For the purposes of compliance with the emission standards for 
PM, a new affected potline, anode bake furnace or paste production plant 
is one for which construction or reconstruction commenced after December 
8, 2014.
    (7) For the purposes of compliance with the emission standards for 
POM and COS, a new affected prebake potline is one for which 
construction or reconstruction commenced after December 8, 2014.
    (8) For the purposes of compliance with the emission standards for 
As, Ni and POM, a new affected Soderberg potline is one for which 
construction or reconstruction commenced after December 8, 2014.
    (9) For the purposes of compliance with the emission standards for 
Hg, a new affected anode bake furnace is one for which construction or 
reconstruction commenced after December 8, 2014.
    (b) Test plan. The owner or operator shall prepare a site-specific 
test plan prior to the initial performance test according to the 
requirements of Sec.  63.7(c) of this part. The test plan must include 
procedures for conducting the initial performance test and for 
subsequent performance tests required in

[[Page 456]]

Sec.  63.848 for emission monitoring. In addition to the information 
required by Sec.  63.7, the test plan shall include:
    (1) Procedures to ensure a minimum of three runs are performed 
annually for the primary control system for each source;
    (2) For a source with a single control device exhausted through 
multiple stacks, procedures to ensure that at least three runs are 
performed annually by a representative sample of the stacks satisfactory 
to the applicable regulatory authority;
    (3) For multiple control devices on a single source, procedures to 
ensure that at least one run is performed annually for each control 
device by a representative sample of the stacks satisfactory to the 
applicable regulatory authority;
    (4) Procedures for sampling single stacks associated with multiple 
anode bake furnaces;
    (5) For plants with roof scrubbers, procedures for rotating sampling 
among the scrubbers or other procedures to obtain representative samples 
as approved by the applicable regulatory authority;
    (6) [Reserved]
    (7) For a SWPB potline, procedures to ensure that the average of the 
sampling results for two fans (or two scrubbers) per potline is used for 
each run; and
    (8) Procedures for establishing the frequency of testing to ensure 
that at least one run is performed before the 15th of the month, at 
least one run is performed after the 15th of the month, and that there 
are at least 6 days between two of the runs during the month, or that 
secondary emissions are measured according to an alternate schedule 
satisfactory to the applicable regulatory authority.
    (c) Following approval of the site-specific test plan, the owner or 
operator must conduct a performance test to demonstrate initial 
compliance according to the procedures in paragraph (d) of this section. 
If a performance test has been conducted on the primary control system 
for potlines, the anode bake furnace, the paste production plant, or (if 
applicable) the pitch storage tank control device within the 12 months 
prior to the compliance date, the results of that performance test may 
be used to demonstrate initial compliance. The owner or operator must 
conduct the performance test:
    (1) During the first month following the compliance date for an 
existing potline (or potroom group), anode bake furnace, paste 
production plant or pitch storage tank.
    (2) By the date determined according to the requirements in 
paragraph (c)(2)(i), (ii), (iii), or (iv) of this section for a new or 
reconstructed potline, anode bake furnace, or pitch storage tank (for 
which the owner or operator elects to conduct an initial performance 
test):
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    (iii) By the 30th day following startup for a pitch storage tank. 
The 30-day period starts when the tank is first used to store pitch.
    (iv) By the 30th day following startup of a paste production plant. 
The 30-day period starts when the paste production plant produces green 
anodes.
    (3) By the date determined according to the requirements in 
paragraph (c)(3)(i), (ii), (iii) or (iv) of this section for an existing 
potline, anode bake furnace, paste production plant, or pitch storage 
tank that was shut down at the time compliance would have otherwise been 
required and is subsequently restarted:
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    (iii) By the 30th day following startup of a paste production plant. 
The 30-day period starts when the paste production plant produces green 
anodes.

[[Page 457]]

    (iv) By the 30th day following startup for a pitch storage tank. The 
30-day period starts when the tank is first used to store pitch.
    (d) Performance test requirements. The initial performance test and 
all subsequent performance tests must be conducted in accordance with 
the applicable requirements of the general provisions in subpart A of 
this part, the approved test plan and the procedures in this section. 
Performance tests must be conducted under such conditions as the 
Administrator specifies to the owner or operator based on representative 
performance of the affected source for the period being tested. Upon 
request, the owner or operator must make available to the Administrator 
such records as may be necessary to determine the conditions of 
performance tests.
    (1) TF, POM and PM emissions from potlines. For each potline, the 
owner or operator shall measure and record the emission rates of TF, POM 
and PM exiting the outlet of the primary control system and the rate of 
secondary emissions exiting through each roof monitor, or for a plant 
with roof scrubbers, exiting through the scrubbers. Using the equation 
in paragraph (e)(1) of this section, the owner or operator shall compute 
and record the average of at least three runs semiannually for secondary 
emissions and at least three runs each year for the primary control 
system to determine compliance with the applicable emission limit. 
Compliance is demonstrated when the emission rates of TF, POM, and PM 
are equal to or less than the applicable emission limits in Sec.  
63.843, Sec.  63.844, or Sec.  63.846.
    (2) [Reserved]
    (3) Previous control device tests. If the owner or operator has 
performed more than one test of primary emission control device(s) for a 
potline or for a bake furnace during the previous consecutive 12 months, 
the average of all runs performed in the previous 12-month period shall 
be used to determine the contribution from the primary emission control 
system.
    (4) TF, POM, PM and Hg emissions from anode bake furnaces. For each 
anode bake furnace, the owner or operator shall measure and record the 
emission rate of TF, POM, PM and Hg exiting the exhaust stacks(s) of the 
primary emission control system. In accordance with paragraphs (e)(3) 
and (4) of this section, the owner or operator shall compute and record 
the average of at least three runs each year to determine compliance 
with the applicable emission limits for TF, POM, PM and Hg. Compliance 
is demonstrated when the emission rates of TF, POM, PM and Hg are equal 
to or less than the applicable TF, POM, PM and Hg emission limits in 
Sec.  63.843, Sec.  63.844 or Sec.  63.846.
    (5) Nickel emissions from VSS2 Potlines and new Soderberg potlines. 
(i) For each VSS2 potline, and for each new Soderberg potline, the owner 
or operator must measure and record the emission rate of nickel exiting 
the primary emission control system and the rate of secondary emissions 
of nickel exiting through each roof monitor, or for a plant with roof 
scrubbers, exiting through the scrubbers. Using the equation in 
paragraph (e)(1) of this section, the owner or operator must compute and 
record the average of at least three runs each year for secondary 
emissions and at least three runs each year for primary emissions.
    (ii) Compliance is demonstrated when the emissions of nickel are 
equal to or less than the applicable emission limit in Sec.  
63.843(a)(4) or Sec.  63.844(a)(4).
    (6) Arsenic emissions from VSS2 Potlines and from new Soderberg 
potlines. (i) For each VSS2 potline, and for each new Soderberg potline, 
the owner or operator must measure and record the emission rate of 
arsenic exiting the primary emission control system and the rate of 
secondary emissions of arsenic exiting through each roof monitor, or for 
a plant with roof scrubbers, exiting through the scrubbers. Using the 
equation in paragraph (e)(1) of this section, the owner or operator must 
compute and record the average of at least three runs each year for 
secondary emissions and at least three runs each year for primary 
emissions.
    (ii) Compliance is demonstrated when the emissions of arsenic are 
equal to or less than the applicable emission limit in Sec.  
63.843(a)(5) or Sec.  63.844(a)(5).
    (7) PCB emissions from VSS2 Potlines and from new Soderberg 
potlines. (i) For each VSS2 potline, and for each new

[[Page 458]]

Soderberg potline, the owner or operator must measure and record the 
emission rate of PCB exiting the primary emission control system and the 
rate of secondary emissions of PCB exiting through each roof monitor, or 
for a plant with roof scrubbers, exiting through the scrubbers. Using 
the equation in paragraph (e)(1) of this section, the owner or operator 
must compute and record the average of at least three runs each year for 
secondary emissions and at least three runs each year for primary 
emissions.
    (ii) Compliance is demonstrated when the emissions of PCB are equal 
to or less than the applicable emission limit in Sec.  63.843(a)(6) or 
Sec.  63.844(a)(6).
    (e) The owner or operator shall determine compliance with the 
applicable TF, POM, PM, nickel, arsenic or PCB emission limits using the 
following equations and procedures:
    (1) Compute the emission rate (Ep) of TF, POM, PM, 
nickel, arsenic or PCB from each potline using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR15OC15.000

Where:

Ep = emission rate of TF, POM, PM, nickel or arsenic from a 
          potline, kg/Mg (lb/ton) (or [micro]g TEQ/ton for PCB);
Cs1 = concentration of TF, POM, PM, nickel or arsenic from 
          the primary control system, mg/dscm (mg/dscf) (or [micro]g 
          TEQ/dscf for PCB);
Qsd = volumetric flow rate of effluent gas corresponding to 
          the appropriate subscript location, dscm/hr (dscf/hr);
Cs2 = concentration of TF, POM, PM, nickel or arsenic as 
          measured for roof monitor emissions, mg/dscm (mg/dscf) (or 
          [micro]g TEQ/dscf for PCB);
P = aluminum production rate, Mg/hr (ton/hr);
K = conversion factor, 10\6\ mg/kg (453,600 mg/lb) for TF, POM, PM, 
          nickel or arsenic (= 1 for PCB);
1 = subscript for primary control system effluent gas; and
2 = subscript for secondary control system or roof monitor 
          effluent gas.

    (2) [Reserved]
    (3) Compute the emission rate (Eb) of TF, POM or PM from 
each anode bake furnace using Equation 2,
[GRAPHIC] [TIFF OMITTED] TR15OC15.001

Where:

Eb = emission rate of TF, POM or PM, kg/mg (lb/ton) of green 
          anodes;
Cs = concentration of TF, POM or PM, mg/dscm (mg/dscf);
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr);
Pb = quantity of green anode material placed in the furnace, 
          mg/hr (ton/hr); and
K = conversion factor, 10\6\ mg/kg (453,600 mg/lb).

    (4) Compliance with the anode bake furnace Hg emission standard is 
demonstrated if the Hg concentration of the exhaust from the anode bake 
furnace control device is equal to or less than the applicable 
concentration standard in Sec.  63.843(c)(4) or Sec.  63.844(c)(4).
    (5) Determine the weight of the aluminum tapped from the potline and 
the weight of the green anode material placed in the anode bake furnace 
using the monitoring devices required in Sec.  63.848(j).
    (6) Determine the aluminum production rate (P) by dividing the 
number of hours in the calendar month into the weight of aluminum tapped 
from the potline during the calendar month that includes the three runs 
of a performance test.

[[Page 459]]

    (7) Determine the rate of green anode material introduced into the 
furnace by dividing the number of operating hours in the calendar month 
into the weight of green anode material used during the calendar month 
in which the performance test was conducted.
    (8) Compute the emission rate (EPMpp) of PM from each 
paste production plant using Equation 3,
[GRAPHIC] [TIFF OMITTED] TR15OC15.002

Where:

EPMpp = emission rate of PM, kg/mg (lb/ton) of green anode 
          material exiting the paste production plant;
Cs = concentration of PM, mg/dscm (mg/dscf);
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr);
Pb = quantity of green anode material exiting the paste 
          production plant, mg/hr (ton/hr); and
K = conversion factor, 10\6\ mg/kg (453,600 mg/lb).

    (f) Paste production plants. (1) Initial compliance with the POM 
standards for existing and new paste production plants in Sec. Sec.  
63.843(b) and 63.844(b) will be demonstrated through site inspection(s) 
and review of site records by the applicable regulatory authority.
    (2) For each paste production plant, the owner or operator shall 
measure and record the emission rate of PM exiting the exhaust stacks(s) 
of the primary emission control system. Using the equation in paragraph 
(e)(8) of this section, the owner or operator shall compute and record 
the average of at least three runs each year to determine compliance 
with the applicable emission limits for PM. Compliance with the PM 
standards for existing and new paste production plants is demonstrated 
when the PM emission rates are less than or equal to the applicable PM 
emission limits in Sec. Sec.  63.843(b)(4) and 63.844(b)(2).
    (g) Pitch storage tanks. The owner or operator must demonstrate 
initial compliance with the standard for pitch storage tanks in 
Sec. Sec.  63.843(d) and 63.844(d) by preparing a design evaluation or 
by conducting a performance test. The owner or operator must submit for 
approval by the regulatory authority the information specified in 
paragraph (g)(1) of this section, along with the information specified 
in paragraph (g)(2) of this section where a design evaluation is 
performed or the information specified in paragraph (g)(3) of this 
section where a performance test is conducted.
    (1) A description of the parameters to be monitored to ensure that 
the control device is being properly operated and maintained, an 
explanation of the criteria used for selection of that parameter (or 
parameters), and the frequency with which monitoring will be performed; 
and
    (2) Where a design evaluation is performed, documentation 
demonstrating that the control device used achieves the required control 
efficiency during reasonably expected maximum filling rate. The 
documentation shall include a description of the gas stream that enters 
the control device, including flow and POM content under varying liquid 
level conditions, and the information specified in paragraphs (g)(2)(i) 
through (g)(2)(vi) of this section, as applicable.
    (i) If the control device receives vapors, gases, or liquids, other 
than fuels, from emission points other than pitch storage tanks, the 
efficiency demonstration is to include consideration of all vapors, 
gases, and liquids, other than fuels, received by the control device;
    (ii) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 degrees C (1,400 degrees 
F) is used to meet the emission reduction requirement specified in Sec.  
63.843(d) and Sec.  63.844(d), documentation that those conditions exist 
is sufficient to meet the requirements of Sec.  63.843(d) and Sec.  
63.844(d);
    (iii) Except as provided in paragraph (g)(2)(ii) of this section, 
for thermal incinerators, the design evaluation shall

[[Page 460]]

include the autoignition temperature of the organic HAP, the flow rate 
of the organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature;
    (iv) If the pitch storage tank is vented to the emission control 
system installed for control of emissions from the paste production 
plant pursuant to Sec.  63.843(b) or Sec.  63.844(b)(1), documentation 
of compliance with the requirements of Sec.  63.843(b) is sufficient to 
meet the requirements of Sec.  63.843(d) or Sec.  63.844(d);
    (v) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic vapors for carbon, the amount of carbon in each 
bed, the number of beds, the humidity of the feed gases, the temperature 
of the feed gases, the flow rate of the organic HAP emission stream, and 
if applicable, the desorption schedule, the regeneration stream pressure 
or temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, the pressure drop shall be included; and
    (vi) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (3) If a performance test is conducted, the owner or operator shall 
determine the control efficiency for POM during tank loading using 
Method 315 in appendix A to this part. The owner or operator shall 
include the following information:
    (i) Identification of the pitch storage tank and control device for 
which the performance test will be submitted; and
    (ii) Identification of the emission point(s) that share the control 
device with the pitch storage tank and for which the performance test 
will be conducted.
    (h) Selection of monitoring parameters. The owner or operator shall 
determine the operating limits and monitoring frequency for each control 
device that is to be monitored as required in Sec.  63.848(f).
    (1) For potlines and anode bake furnaces, the owner or operator 
shall determine upper and/or lower operating limits, as appropriate, for 
each monitoring device for the emission control system from the values 
recorded during each of the runs performed during the initial 
performance test and from historical data from previous performance 
tests conducted by the methods specified in this subpart.
    (2) For a paste production plant, the owner or operator shall 
specify and provide the basis or rationale for selecting parameters to 
be monitored and the associated operating limits for the emission 
control device.
    (3) The owner or operator may redetermine the upper and/or lower 
operating limits, as appropriate, based on historical data or other 
information and submit an application to the applicable regulatory 
authority to change the applicable limit(s). The redetermined limits 
shall become effective upon approval by the applicable regulatory 
authority.
    (i) [Reserved]
    (j) Carbonyl sulfide (COS) emissions. The owner operator must 
calculate, for each potline, the emission rate of COS for each calendar 
month of operation using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR15OC15.003

Where:

ECOS = the emission rate of COS during the calendar month, 
          pounds per ton of aluminum produced;
K = factor accounting for molecular weights and conversion of sulfur to 
          carbonyl sulfide = 234;
Y = the mass of anode consumed in the potline during the calendar month, 
          tons;
Z = the mass of aluminum produced by the potline during the calendar 
          month, tons; and

[[Page 461]]

S = the weighted average fraction of sulfur in the anode coke consumed 
          in the production of aluminum during the calendar month (e.g., 
          if the weighted average sulfur content of the anode coke 
          consumed during the calendar month was 2.5 percent, then S = 
          0.025). The weight of anode coke used during the calendar 
          month of each different concentration of sulfur is used to 
          calculate the overall weighted average fraction of sulfur.

    Compliance is demonstrated if the calculated value of 
ECOS is less than the applicable standard for COS emissions 
in Sec. Sec.  63.843(e) and 63.844(e).
    (k) Startup of potlines. The owner or operator must develop a 
written startup plan as described in Sec.  63.854(b) that contains 
specific procedures to be followed during startup periods of potline(s). 
Compliance with the applicable standards in Sec.  63.854(b) will be 
demonstrated through site inspection(s) and review of site records by 
the regulatory authority.
    (l) Startup of anode bake furnaces. The owner or operator must 
develop a written startup plan as described in paragraphs (l)(1) through 
(4) of this section, to be followed during startup periods of bake 
furnaces. Compliance with the startup plan will be demonstrated through 
site inspection(s) and review of site records by the regulatory 
authority. The written startup plan must contain specific procedures to 
be followed during startup periods of anode bake furnaces, including the 
following:
    (1) A requirement to develop an anode bake furnace startup schedule.
    (2) Records of time, date, duration of anode bake furnace startup 
and any nonroutine actions taken during startup of the furnaces.
    (3) A requirement that the associated emission control system be 
operating within normal parametric limits prior to startup of the anode 
bake furnace.
    (4) A requirement to take immediate actions to stop the startup 
process as soon as practicable and continue to comply with Sec.  
63.843(f) or Sec.  63.844(f) if the associated emission control system 
is off line at any time during startup. The anode bake furnace restart 
may resume once the associated emission control system is back on line 
and operating within normal parametric limits.
    (m) Startup of paste production plants. The owner or operator must 
develop a written startup plan as described in paragraphs (m)(1) through 
(3) of this section, to be followed during startup periods for paste 
production plants. Compliance with the startup plan will be demonstrated 
through site inspection(s) and review of site records by the regulatory 
authority. The written startup plan must contain specific procedures to 
be followed during startup periods of paste production plants, including 
the following:
    (1) Records of time, date, duration of paste production plant 
startup and any nonroutine actions taken during startup of the paste 
production plants.
    (2) A requirement that the associated emission control system be 
operating within normal parametric limits prior to startup of the paste 
production plant.
    (3) A requirement to take immediate actions to stop the startup 
process as soon as practicable and continue to comply with Sec.  
63.843(f) or Sec.  63.844(f) if the associated emission control system 
is off line at any time during startup. The paste production plant 
restart may resume once the associated emission control system is back 
on line and operating within normal parametric limits.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 
FR 62417, Oct. 15, 2015]



Sec.  63.848  Emission monitoring requirements.

    (a) TF and PM emissions from potlines. Using the procedures in Sec.  
63.847 and in the approved test plan, the owner or operator shall 
monitor emissions of TF and PM from each potline by conducting annual 
performance tests on the primary control system and semiannual 
performance tests on the secondary emissions. The owner or operator 
shall compute and record the average semiannually from at least three 
runs for secondary emissions and the average from at least three runs 
for the primary control system to determine compliance with the 
applicable emission limit. The owner or operator must include all valid 
runs in the semiannual average. The duration of each run for secondary 
emissions must represent a complete operating cycle. Potline emissions 
shall be recorded as the sum of the average of at least three

[[Page 462]]

runs from the primary control system and the average of at least three 
runs from the roof monitor or secondary emissions control device.
    (b) POM emissions from potlines. Using the procedures in Sec.  
63.847 and in the approved test plan, the owner or operator must monitor 
emissions of POM from each potline stack annually and secondary potline 
POM emissions semiannually. The owner or operator must compute and 
record the semiannual average from at least three runs for secondary 
emissions and at least three runs for the primary control systems to 
determine compliance with the applicable emission limit. The owner or 
operator must include all valid runs in the semiannual average. The 
duration of each run for secondary emissions must represent a complete 
operating cycle. The primary control system must be sampled over an 8-
hour period, unless site-specific factors dictate an alternative 
sampling time subject to the approval of the regulatory authority. 
Potline emissions shall be recorded as the sum of the average of at 
least three runs from the primary control system and the average of at 
least three runs from the roof monitor or secondary emissions control 
device.
    (c) TF, PM, Hg and POM emissions from anode bake furnaces. Using the 
procedures in Sec.  63.847 and in the approved test plan, the owner or 
operator shall determine TF, PM, Hg and POM emissions from each anode 
bake furnace on an annual basis. The owner or operator shall compute and 
record the annual average of TF, PM, Hg and POM emissions from at least 
three runs to determine compliance with the applicable emission limits. 
A minimum of four dscm per run must be collected for monitoring of Hg 
emissions. The owner or operator must include all valid runs in the 
annual average.
    (d) Similar potlines. As an alternative to semiannual monitoring of 
TF, POM or PM secondary emissions from each potline using the methods in 
Sec.  63.849, the owner or operator may perform semiannual monitoring of 
TF, POM or PM secondary emissions from one potline using the test 
methods in Sec.  63.849(a) or (b) to represent the performance of 
similar potline(s). The similar potline(s) must be monitored using an 
alternative method that meets the requirements of paragraphs (d)(1) 
through (7) of this section. Two or more potlines are similar if the 
owner or operator demonstrates that their structure, operability, type 
of emissions, volume of emissions and concentration of emissions are 
substantially equivalent.
    (1) To demonstrate (to the satisfaction of the regulatory authority) 
that the level of emission control performance is the same or better, 
the owner or operator shall perform an emission test using an 
alternative monitoring procedure for the similar potline simultaneously 
with an emission test using the applicable test methods. The results of 
the emission test using the applicable test methods must be in 
compliance with the applicable emission limit for existing or new 
potlines in Sec.  63.843 or Sec.  63.844. An alternative method:
    (i) For TF emissions, must account for or include gaseous fluoride 
and cannot be based on measurement of particulate matter or particulate 
fluoride alone; and
    (ii) For TF, POM and PM emissions, must meet or exceed Method 14 
criteria.
    (2) An HF continuous emission monitoring system is an approved 
alternative for the monitoring of TF secondary emissions.
    (3) An owner or operator electing to use an alternative monitoring 
procedure shall establish an alternative emission limit based on at 
least nine simultaneous runs using the applicable test methods and the 
alternative monitoring method. All runs must represent a full process 
cycle.
    (4) The owner or operator shall derive an alternative emission limit 
for the HF continuous emission monitor or an alternative method using 
either of the following procedures:
    (i) Use the highest value from the alternative method associated 
with a simultaneous run by the applicable test method that does not 
exceed the applicable emission limit; or
    (ii) Correlate the results of the two methods (the applicable test 
method results and the alternative monitoring

[[Page 463]]

method results) and establish an emission limit for the alternative 
monitoring system that corresponds to the applicable emission limit.
    (5) The owner or operator shall submit the results required in 
paragraph (d)(4) of this section and all supporting documentation to the 
applicable regulatory authority for review and approval.
    (6) The regulatory authority shall review and approve or disapprove 
the request for an alternative method and alternative emission limit. 
The criterion for approval shall be a demonstration (to the satisfaction 
of the regulatory authority) that the alternative method and alternative 
emission limit achieve a level of emission control that is the same as 
or better than the level that would have otherwise been achieved by the 
applicable method and emission limit.
    (7) If the alternative method is approved by the applicable 
regulatory authority, the owner or operator must perform semiannual 
emission monitoring using the approved alternative monitoring procedure 
to demonstrate compliance with the alternative emission limit for each 
similar potline.
    (e) [Reserved]
    (f) Monitoring parameters for emission control devices. The owner or 
operator shall install, operate, calibrate, and maintain a continuous 
parameter monitoring system for each emission control device. The owner 
or operator shall submit for approval by the regulatory authority a 
description of the parameter(s) to be monitored, the operating limits, 
and the monitoring frequency to ensure that the control device is being 
properly operated and maintained. An explanation of the criteria used 
for selection of the parameter(s), the operating limits, and the 
monitoring frequency, including how these relate to emission control 
also shall be submitted to the regulatory authority. Except as provided 
in paragraph (l) of this section, the following monitoring devices shall 
be installed:
    (1) For dry alumina scrubbers, devices for the measurement of 
alumina flow and air flow;
    (2) For dry coke scrubbers, devices for the measurement of coke flow 
and air flow;
    (3) For wet scrubbers as the primary control system, devices for the 
measurement of water flow and air flow;
    (4) For electrostatic precipitators, devices for the measurement of 
voltage and secondary current; and
    (5) For wet roof scrubbers for secondary emission control:
    (i) A device for the measurement of total water flow; and
    (ii) The owner or operator shall inspect each control device at 
least once each operating day to ensure the control device is operating 
properly and record the results of each inspection.
    (6) For emission sources control device exhaust streams for which 
the owner or operator chooses to demonstrate continuous compliance 
through bag leak detection systems you must install and operate a bag 
leak detection system according to the requirements in paragraph (o) of 
this section, and you must set your operating limit such that the sum of 
the durations of bag leak detection system alarms does not exceed 5 
percent of the process operating time during a 6-month period.
    (7) For emission sources control device exhaust streams for which 
the owner or operator chooses to demonstrate continuous compliance 
through a PM CEMS, you must install and operate a PM CEMS according to 
the requirements in paragraph (p) of this section. You must determine 
continuous compliance averaged on a rolling 30 operating day basis, 
updated at the end of each new operating day. All valid hours of data 
from 30 successive operating days shall be included in the arithmetic 
average. Compliance is demonstrated when the 30 operating day PM 
emissions are equal to or less than the applicable emission limits in 
Sec.  63.843, Sec.  63.844, or Sec.  63.846.
    (g) The owner or operator of a new or reconstructed affected source 
that is subject to a PM limit shall comply with the requirements of 
either paragraph (f)(6) or (7) of this section. The owner or operator of 
an existing affected source that is equipped with a control device and 
is subject to a PM limit shall:
    (1) Install and operate a bag leak detection system in accordance 
with paragraph (f)(6) of this section; or

[[Page 464]]

    (2) Install and operate a PM CEMS in accordance with paragraph 
(f)(7) of this section; or
    (3) Visually inspect the exhaust stack(s) of each fabric filter 
using Method 22 on a twice daily basis (at least 4 hours apart) for 
evidence of any visible emissions indicating abnormal operations and, 
must initiate corrective actions within 1 hour of a visible emissions 
inspection that indicates abnormal operation. Corrective actions shall 
include, at a minimum, isolating, shutting down and conducting an 
internal inspection of the baghouse compartment that is the source of 
the visible emissions that indicate abnormal operations.
    (h) Corrective action. If a monitoring device for a primary control 
device measures an operating parameter outside the limit(s) established 
pursuant to Sec.  63.847(h), if visible emissions indicating abnormal 
operation are observed from the exhaust stack of a control device during 
a daily inspection, or if a problem is detected during the daily 
inspection of a wet roof scrubber for potline secondary emission 
control, the owner or operator shall initiate corrective action 
procedures within 1 hour. Failure to initiate the corrective action 
procedures within 1 hour or to take the necessary corrective actions to 
remedy the problem is a violation.
    (i) Exceedances. If the limit for a given operating parameter 
associated with monitoring a specific control device is exceeded six 
times in any semiannual reporting period, then any subsequent exceedance 
in that reporting period is a violation. For the purpose of determining 
the number of exceedances, no more than one exceedance shall be 
attributed in any given 24-hour period.
    (j) Weight of aluminum and green anodes. The owner or operator of a 
new or existing potline or anode bake furnace shall install, operate, 
and maintain a monitoring device to determine the daily weight of 
aluminum produced and the weight of green anode material placed in the 
anode bake furnace. The weight of green anode material may be determined 
by monitoring the weight of all anodes or by monitoring the number of 
anodes placed in the furnace and determining an average weight from 
measurements of a representative sample of anodes.
    (k) Accuracy and calibration. The owner or operator shall submit 
recommended accuracy requirements to the regulatory authority for review 
and approval. All monitoring devices required by this section must be 
certified by the owner or operator to meet the accuracy requirements and 
must be calibrated in accordance with the manufacturer's instructions.
    (l) Alternative operating parameters. The owner or operator may 
monitor alternative control device operating parameters subject to prior 
written approval by the applicable regulatory authority.
    (m) Other control systems. An owner or operator using a control 
system not identified in this section shall request that the applicable 
regulatory authority include the recommended parameters for monitoring 
in the facility's part 70 permit.
    (n) PM emissions from paste production plants. Using the procedures 
in Sec.  63.847 and in the approved test plan, the owner or operator 
shall monitor PM emissions from each paste production plant on an annual 
basis. The owner or operator shall compute and record the annual average 
of PM emissions from at least three runs to determine compliance with 
the applicable emission limits. The owner or operator must include all 
valid runs in the annual average.
    (o) Bag leak detection system. For each new affected source subject 
to a PM emissions limit, you must install, operate and maintain a bag 
leak detection system according to paragraphs (o)(1) through (3) of this 
section, unless a system meeting the requirements of paragraph (p) of 
this section, for a CEMS, is installed for monitoring the concentration 
of PM.
    (1) You must develop and implement written procedures for control 
device maintenance that include, at a minimum, a preventative 
maintenance schedule that is consistent with the control device 
manufacturer's instructions for routine and long-term maintenance.

[[Page 465]]

    (2) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (o)(2)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1.0 milligram per dry standard cubic meter (0.00044 grains per actual 
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings.
    (iii) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in relative particulate loadings 
is detected over a preset level.
    (iv) You must install, calibrate, operate and maintain the bag leak 
detection system according to the manufacturer's written specifications 
and recommendations.
    (v) The initial adjustment of the system must, at a minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (vi) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except in accordance with the procedures developed under paragraph 
(o)(1) of this section. You cannot increase the sensitivity by more than 
100 percent or decrease the sensitivity by more than 50 percent over a 
365-day period unless such adjustment follows a complete PM control 
device inspection that demonstrates that the PM control device is in 
good operating condition.
    (vii) You must install the bag leak detector downstream of the PM 
control device.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (3) You must include in the written procedures required by paragraph 
(o)(1) of this section a corrective action plan that specifies the 
procedures to be followed in the case of a bag leak detection system 
alarm. The corrective action plan must include, at a minimum, the 
procedures that you will use to determine and record the time and cause 
of the alarm as well as the corrective actions taken to minimize 
emissions as specified in paragraphs (o)(3)(i) and (ii) of this section.
    (i) The procedures used to determine the cause of the alarm must be 
initiated within 1 hour of the alarm.
    (ii) The cause of the alarm must be alleviated by taking the 
necessary corrective action(s) that may include, but not be limited to, 
those listed in paragraphs (o)(3)(ii)(A) through (F) of this section.
    (A) Inspecting the PM control device for air leaks, torn or broken 
filter elements, or any other malfunction that may cause an increase in 
emissions.
    (B) Sealing off defective bags or filter media.
    (C) Replacing defective bags or filter media, or otherwise repairing 
the control device.
    (D) Sealing off a defective baghouse compartment.
    (E) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (F) Shutting down the process producing the particulate emissions.
    (p) Particulate Matter CEMS. If you are using a CEMS to measure 
particulate matter emissions to meet requirements of this subpart, you 
must install, certify, operate and maintain the particulate matter CEMS 
as specified in paragraphs (p)(1) through (4) of this section.
    (1) You must conduct a performance evaluation of the PM CEMS 
according to the applicable requirements of Sec.  60.13, and Performance 
Specification 11 at 40 CFR part 60, Appendix B of this chapter.
    (2) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 at 40 CFR part 60, Appendix B of this 
chapter, collect data concurrently by both the CEMS and by conducting 
performance tests using Method 5, 5D or 5I at 40 CFR part 60, Appendix 
A-3.
    (3) Operate and maintain the CEMS in accordance with Procedure 2 at 
40 CFR part 60, Appendix F of this chapter. Relative Response Audits 
must be

[[Page 466]]

performed annually and Response Correlation Audits must be performed 
every three years.

[62 FR 52407, Oct. 7, 1997, as amended at 71 FR 20458, Apr. 20, 2006; 80 
FR 62420, Oct. 15, 2015]



Sec.  63.849  Test methods and procedures.

    (a) The owner or operator shall use the following reference methods 
to determine compliance with the applicable emission limits for TF, POM, 
PM, Ni, As, Hg, PCB and conduct visible emissions observations:
    (1) Method 1 in appendix A to part 60 of this chapter for sample and 
velocity traverses;
    (2) Method 2 in appendix A to part 60 of this chapter for velocity 
and volumetric flow rate;
    (3) Method 3 in appendix A to part 60 of this chapter for gas 
analysis;
    (4) Method 13A or Method 13B in appendix A to part 60 of this 
chapter, or an approved alternative, for the concentration of TF where 
stack or duct emissions are sampled;
    (5) Method 13A or Method 13B and Method 14 or Method 14A in appendix 
A to part 60 of this chapter or an approved alternative method for the 
concentration of TF where emissions are sampled from roof monitors not 
employing wet roof scrubbers;
    (6) Method 315 in appendix A to this part or an approved alternative 
method for the concentration of POM where stack or duct emissions are 
sampled;
    (7) Method 315 in appendix A to this part and Method 14 or 14A in 
appendix A to part 60 of this chapter or an approved alternative method 
for the concentration of POM where emissions are sampled from roof 
monitors not employing wet roof scrubbers. Method 315 need not be set up 
as required in the method. Instead, when using Method 14A, replace the 
Method 14A monitor cassette filter with the filter specified by Method 
315. Recover and analyze the filter according to Method 315. When using 
Method 14, test at ambient conditions, do not heat the filter and probe, 
and do not analyze the back half of the sampling train;
    (8) Method 5 in appendix A to part 60 of this chapter or an approved 
alternative method for the concentration of PM where stack or duct 
emissions are sampled;
    (9) Method 17 and Method 14 or Method 14A in appendix A to part 60 
of this chapter or an approved alternative method for the concentration 
of PM where emissions are sampled from roof monitors not employing wet 
roof scrubbers. Method 17 need not be set up as required in the method. 
Instead, when using Method 14A, replace the Method 14A monitor cassette 
filter with the filter specified by Method 17. Recover and analyze the 
filter according to Method 17. When using Method 14, test at ambient 
conditions, do not heat the filter and probe, and do not analyze the 
back half of the sampling train;
    (10) Method 29 in appendix A to part 60 of this chapter or an 
approved alternative method for the concentration of mercury, nickel and 
arsenic where stack or duct emissions are sampled;
    (11) Method 29 and Method 14 or Method 14A in appendix A to part 60 
of this chapter or an approved alternative method for the concentration 
of nickel and arsenic where emissions are sampled from roof monitors not 
employing wet roof scrubbers. Method 29 need not be set up as required 
in the method. Instead, replace the Method 14A monitor cassette filter 
with the filter specified by Method 29. Recover and analyze the filter 
according to Method 29. When using Method 14, test at ambient 
conditions, do not heat the filter and probe, and do not analyze the 
back half of the sampling train;
    (12) Method 22 in Appendix A to part 60 of this chapter or an 
approved alternative method for determination of visual emissions;
    (13) Method 428 of the California Air Resources Board (incorporated 
by reference; see Sec.  63.14) for the measurement of PCB where stack or 
duct emissions are sampled; and
    (14) Method 428 of the California Air Resources Board (incorporated 
by reference; see Sec.  63.14) and Method 14 or Method 14A in appendix A 
to part 60 of this chapter or an approved alternative method for the 
concentration of PCB where emissions are sampled from roof monitors not 
employing wet roof scrubbers.
    (b) The owner or operator of a VSS potline or a SWPB potline 
equipped with wet roof scrubbers for the control

[[Page 467]]

of secondary emissions shall use methods that meet the intent of the 
sampling requirements of Method 14 in appendix A to part 60 of this 
chapter and that are approved by the State. Sample analysis shall be 
performed using Method 13A or Method 13B in appendix A to part 60 of 
this chapter for TF, Method 315 in appendix A to this part for POM, or 
an approved alternative method.
    (c) Except as provided in Sec.  63.845(g)(1), references to 
``potroom'' or ``potroom group'' in Method 14 in appendix A to part 60 
of this chapter shall be interpreted as ``potline'' for the purposes of 
this subpart.
    (d) For sampling using Method 14 in appendix A to part 60 of this 
chapter, the owner or operator shall install one Method 14 manifold per 
potline in a potroom that is representative of the entire potline, and 
this manifold shall meet the installation requirements specified in 
section 2.2.1 of Method 14 in appendix A to part 60 of this chapter.
    (e) The owner or operator may use an alternative test method for TF 
or POM emissions providing:
    (1) The owner or operator has already demonstrated the equivalency 
of the alternative method for a specific plant and has received previous 
approval from the Administrator or the applicable regulatory authority 
for TF or POM measurements using the alternative method; or
    (2) The owner or operator demonstrates to the satisfaction of the 
applicable regulatory authority that the results from the alternative 
method meet the criteria specified in Sec. Sec.  63.848(d)(1) and (d)(3) 
through (d)(6). The results from the alternative method shall be based 
on simultaneous sampling using the alternative method and the following 
reference methods:
    (i) For TF, Methods 13 and 14 or Method 14A in appendix A to part 60 
of this chapter; or
    (ii) For POM, Method 315 in appendix A to this part and Method 14 in 
appendix A to part 60 of this chapter.
    (f) The owner or operator must use either ASTM D4239-14e1 or ASTM 
D6376-10 (incorporated by reference; see Sec.  63.14) for determination 
of the sulfur content in anode coke shipments to determine compliance 
with the applicable emission limit for COS emissions.

[62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62421, Oct. 15, 2015]



Sec.  63.850  Notification, reporting, and recordkeeping requirements.

    (a) Notifications. The owner or operator shall submit the following 
written notifications:
    (1) Notification for an area source that subsequently increases its 
emissions such that the source is a major source subject to the 
standard;
    (2) Notification that a source is subject to the standard, where the 
initial startup is before the effective date of the standard;
    (3) Notification that a source is subject to the standard, where the 
source is new or has been reconstructed, the initial startup is after 
the effective date of the standard, and for which an application for 
approval of construction or reconstruction is not required;
    (4) Notification of intention to construct a new major source or 
reconstruct a major source; of the date construction or reconstruction 
commenced; of the anticipated date of startup; of the actual date of 
startup, where the initial startup of a new or reconstructed source 
occurs after the effective date of the standard, and for which an 
application for approval of construction or reconstruction is required 
[see Sec. Sec.  63.9(b)(4) and (b)(5)];
    (5) Notification of initial performance test;
    (6) Notification of initial compliance status;
    (7) One-time notification for each affected source of the intent to 
use an HF continuous emission monitor;
    (8) Notification of compliance approach. The owner or operator shall 
develop and submit to the applicable regulatory authority, if requested, 
an engineering plan that describes the techniques that will be used to 
address the capture efficiency of the reduction cells for gaseous 
hazardous air pollutants in compliance with the emission limits in 
Sec. Sec.  63.843, 63.844, and 63.846; and
    (9) One-time notification of startup of an existing potline or 
potroom group, anode bake furnace, or paste production plant that was 
shut down

[[Page 468]]

for a long period and subsequently restarted. The owner or operator must 
provide written notice to the Administrator at least 30 days before the 
startup.
    (b) Performance test reports. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2) required by 
this subpart, you must submit the results of the performance tests 
following the procedure specified in either paragraph (b)(1) or (b)(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) at the time of the test, 
you must 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) (https://
cdx.epa.gov/epa_home.asp). Performance test data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you 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. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must 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 disc, 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/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must 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 at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (3) For data collected which requires summation of results from both 
ERT and non-ERT supported test methods in order to demonstrate 
compliance with an emission limit, you must submit the results of the 
performance test(s) used to demonstrate compliance with that emission 
limit to the Administrator at the appropriate address listed in Sec.  
63.13.
    (c) Performance evaluation reports. Within 60 days after the date of 
completing each continuous emissions monitoring system performance 
evaluation (as defined in Sec.  63.2), you must submit the results of 
the performance evaluation following the procedure specified in either 
paragraph (c)(1) or (2) of this section.
    (1) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the test, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit performance evaluation data in an electronic file format 
consistent with the XML schema listed on the EPA's ERT Web site once the 
XML schema is available. If you claim that some of the performance 
evaluation information being transmitted is CBI, you must 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 disc, 
flash drive, or other commonly used electronic storage media to the EPA. 
The electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to

[[Page 469]]

the EPA via the EPA's CDX as described earlier in this paragraph.
    (2) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site at the time of the test, you must 
submit the results of the performance evaluation to the Administrator at 
the appropriate address listed in Sec.  63.13.
    (d) Reporting. In addition to the information required under Sec.  
63.10 of the General Provisions, the owner or operator must provide 
semiannual reports containing the information specified in paragraphs 
(d)(1) and (2) of this section to the Administrator or designated 
authority.
    (1) Excess emissions report. As required by Sec.  63.10(e)(3), the 
owner or operator must submit a report (or a summary report) if measured 
emissions are in excess of the applicable standard. The report must 
contain the information specified in Sec.  63.10(e)(3)(v) and be 
submitted semiannually unless quarterly reports are required as a result 
of excess emissions.
    (2) If there was a malfunction during the reporting period, the 
owner or operator must submit a report that includes 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. Sec.  63.843(f) and 63.844(f), including actions taken to 
correct a malfunction.
    (e) Recordkeeping. The owner or operator shall maintain files of all 
information (including all reports and notifications) required by Sec.  
63.10(b) and by this subpart.
    (1) The owner or operator must retain each record for at least 5 
years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record. The most recent 2 years of records 
must be retained at the facility. The remaining 3 years of records may 
be retained offsite;
    (2) The owner or operator may retain records on microfilm, on a 
computer, on computer disks, on magnetic tape, or on microfiche;
    (3) The owner or operator may report required information on paper 
or on a labeled computer disc using commonly available and compatible 
computer software; and
    (4) In addition to the general records required by Sec.  63.10(b), 
the owner or operator shall maintain records of the following 
information:
    (i) Daily production rate of aluminum;
    (ii) Daily production rate of green anode material placed in the 
anode bake furnace;
    (iii) [Reserved]
    (iv) Records of design information for paste production plant 
capture systems;
    (v) Records of design information for an alternative emission 
control device for a paste production plant;
    (vi) Records supporting the monitoring of similar potlines 
demonstrating that the performance of similar potlines is the same as or 
better than that of potlines sampled by manual methods;
    (vii) Records supporting a request for reduced sampling of potlines;
    (viii) Records supporting the correlation of emissions measured by a 
continuous emission monitoring system to emissions measured by manual 
methods and the derivation of the alternative emission limit derived 
from the measurements;
    (ix) The current implementation plan for emission averaging and any 
subsequent amendments;
    (x) Records, such as a checklist or the equivalent, demonstrating 
that the daily inspection of a potline with wet roof scrubbers for 
secondary emission control has been performed as required in Sec.  
63.848(f)(5)(ii), including the results of each inspection;
    (xi) Records, such as a checklist or the equivalent, demonstrating 
that the daily visual inspection of the exhaust stack for each control 
device has been performed as required in Sec.  63.848(g), including the 
results of each inspection;
    (xii) For a potline equipped with an HF continuous emission monitor,

[[Page 470]]

records of information and data required by Sec.  63.10(c);
    (xiii) Records documenting the corrective actions taken when the 
limit(s) for an operating parameter established under Sec.  63.847(h) 
were exceeded, when visible emissions indicating abnormal operation were 
observed from a control device stack during a daily inspection required 
under Sec.  63.848(g), or when a problem was detected during the daily 
inspection of a wet roof scrubber for potline secondary control required 
in Sec.  63.848(f)(5)(ii);
    (xiv) Records documenting any POM data that are invalidated due to 
the installation and startup of a cathode;
    (xv) Records documenting the portion of TF that is measured as 
particulate matter and the portion that is measured as gaseous when the 
particulate and gaseous fractions are quantified separately using an 
approved test method;
    (xvi) Records of the occurrence and duration of each malfunction of 
operation (i.e. process equipment) or the air pollution control 
equipment and monitoring equipment; and
    (xvii) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. Sec.  63.843(f) and 
63.844(f), including corrective actions to restore malfunctioning 
process and air pollution control and monitoring equipment to its normal 
or usual manner of operation.
    (f) All reports required by this subpart not subject to the 
requirements in paragraph (b) or (c) 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 (b) of this section in paper format.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66285, Nov. 2, 2005; 71 
FR 20458, Apr. 20, 2006; 80 FR 62421, Oct. 15, 2015]



Sec.  63.851  Regulatory authority review procedures.

    (a) The applicable regulatory authority shall notify the owner or 
operator in writing of the need for additional time to review the 
submissions in paragraphs (a)(1) through (a)(5) of this section or of 
approval or intent to deny approval of the submissions in paragraphs 
(a)(1) through (a)(5) of this section within 60 calendar days after 
receipt of sufficient information to evaluate the submission. The 60-day 
period begins after the owner or operator has been notified that the 
submission is complete.
    (1) The test plan in Sec.  63.847(b);
    (2) Request to change limits for operating parameters in Sec.  
63.847(h)(3);
    (3) Request for similar potline monitoring in Sec.  63.848(d)(5);
    (4) Request for reduced sampling frequency in Sec.  63.848(e); and
    (5) Request for an alternative method in Sec.  63.849(e)(2).
    (b) The applicable regulatory authority shall notify the owner or 
operator in writing whether the submission is complete within 30 
calendar days of receipt of the original submission or within 30 days of 
receipt of any supplementary information that is submitted. When a 
submission is incomplete, the applicable regulatory authority shall 
specify the information needed to complete the submission and shall give 
the owner or operator 30 calendar days after receipt of the notification 
to provide the information.



Sec.  63.852  Applicability of general provisions.

    The requirements of the general provisions in subpart A of this part 
that are not applicable to the owner or operator subject to the 
requirements of this subpart are shown in appendix A of this subpart.



Sec.  63.853  Implementation and enforcement.

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

[[Page 471]]

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

[68 FR 37354, June 23, 2003]



Sec.  63.854  Work practice standards for potlines.

    (a) Periods of operation other than startup. If you own or operate a 
new or existing primary aluminum reduction affected source, you must 
comply with the requirements of paragraphs (a)(1) through (8) of this 
section during periods of operation other than startup.
    (1) Ensure the potline scrubbers and exhaust fans are operational at 
all times.
    (2) Ensure that the primary capture and control system is operating 
at all times.
    (3) Hood covers should be replaced as soon as possible after each 
potroom operation.
    (4) Inspect potlines daily and perform the work practices specified 
in paragraphs (a)(4)(i) through (iii) of this section.
    (i) Identify unstable pots as soon as practicable but in no case 
more than 12 hours from the time the pot became unstable;
    (ii) Reduce cell temperatures to as low as practicable, and follow 
the written operating plan described in paragraph (b)(4) of this section 
if the cell temperature exceeds the specified high temperature limit; 
and
    (iii) Reseal pot crusts that have been broken as often and as soon 
as practicable.
    (5) Ensure that hood covers fit properly and are in good condition.
    (6) If the exhaust system is equipped with an adjustable damper 
system, the hood exhaust rate for individual pots must be increased 
whenever hood covers are removed from a pot, provided that the exhaust 
system will not be overloaded by placing too many pots on high exhaust.
    (7) Dust entrainment must be minimized during material handling 
operations and sweeping of the working aisles.
    (8) Only tapping crucibles with functional aspirator air return 
systems (for returning gases under the collection hooding) can be used, 
unless the regulatory authority approves an alternative tapping 
crucible.
    (b) Periods of startup. If you own or operate a new or existing 
primary aluminum reduction affected source, you must comply with the 
requirements of paragraphs (a)(1) through (8) and (b)(1) through (4) of 
this section during periods of startup for each affected potline.
    (1) Develop a potline startup schedule before starting up the 
potline.
    (2) Keep records of the number of pots started each day.
    (3) Inspect potlines daily and adjust pot parameters to their 
optimum levels, as specified in the operating plan described in 
paragraph (b)(4) of this section, including, but not limited to: alumina 
addition rate, exhaust air flow rate, cell voltage, feeding level, anode 
current and liquid and solid bath levels.
    (4) Prepare a written operating plan to minimize emissions during 
startup to include, but not limited to, the requirements in (b)(1) 
through (3) of this section. The operating plan must include a specified 
high temperature limit for pots that will trigger corrective action.

[80 FR 62423, Oct. 15, 2015]

[[Page 472]]



Sec.  63.855  Alternative emissions limits for co-controlled new 
and existing anode bake furnaces.

    (a) Applicability. The owner or operator of a new anode bake furnace 
meeting the criteria of paragraphs (a)(1) and (2) of this section may 
demonstrate compliance with alternative TF and POM emission limits 
according to the procedures of this section.
    (1) The new anode bake furnace must have been permitted to operate 
prior to May 1, 1998; and
    (2) The new anode bake furnace must share a common control device 
with one or more existing anode bake furnaces.
    (b) TF emission limit. (1) Prior to the date on which each TF 
emission test is required to be conducted, the owner or operator must 
determine the applicable TF emission limit using Equation 6-A,
[GRAPHIC] [TIFF OMITTED] TR15OC15.004

Where:

LTFC = Combined emission limit for TF, lb/ton green anode 
          material placed in the bake furnace;
LTFE = TF limit for emission averaging for the total number 
          of new and existing anode bake furnaces from Table 4 to this 
          subpart;
PE = Mass of green anode placed in existing anode bake 
          furnaces in the twelve months preceding the compliance test, 
          ton/year; and
PN = Mass of green anode placed in new anode bake furnaces in 
          the twelve months preceding the compliance test, ton/year.

    (2) The owner or operator of a new anode bake furnace that is 
controlled by a control device that also controls emissions of TF from 
one or more existing anode bake furnaces must not discharge, or cause to 
be discharged into the atmosphere, any emissions of TF in excess of the 
emission limits established in paragraph (b)(1) of this section.
    (c) POM emission limits. (1) Prior to the date on which each POM 
emission test is required to be conducted, the owner or operator must 
determine the applicable POM emission limit using Equation 6-B,
[GRAPHIC] [TIFF OMITTED] TR15OC15.005

Where:

    LPOMC = Combined emission limit for POM, lb/ton green 
anode material placed in the bake furnace.

    (2) The owner or operator of a new anode bake furnace that is 
controlled by a control device that also controls emissions of POM from 
one or more existing anode bake furnaces must not discharge, or cause to 
be discharged into the atmosphere, any emissions of TF in excess of the 
emission limits established in paragraph (c)(1) of this section.

[80 FR 62423, Oct. 15, 2015]



Sec. Sec.  63.856-63.859  [Reserved]



 Sec. Table 1 to Subpart LL of Part 63--Potline TF Limits for Emission 
                                Averaging

----------------------------------------------------------------------------------------------------------------
                                             Semiannual TF limit (lb/ton) [for given number of potlines]
                Type                ----------------------------------------------------------------------------
                                      2 lines    3 lines    4 lines    5 lines    6 lines    7 lines    8 lines
----------------------------------------------------------------------------------------------------------------
CWPB1..............................        1.7        1.6        1.5        1.5        1.4        1.4        1.4
CWPB2..............................        2.9        2.8        2.7        2.7        2.6        2.6        2.6
CWPB3..............................        2.3        2.2        2.2        2.1        2.1        2.1        2.1

[[Page 473]]

 
SWPB...............................        1.4        1.3        1.3        1.2        1.2        1.2        1.2
VSS2...............................        2.6        2.5        2.5        2.4        2.4        2.4        2.4
----------------------------------------------------------------------------------------------------------------


[80 FR 62424, Oct. 15, 2015



 Sec. Table 2 to Subpart LL of Part 63--Potline POM Limits for Emission 
                                Averaging

----------------------------------------------------------------------------------------------------------------
                                             Semiannual POM limit (lb/ton) [for given number of potlines]
                Type                ----------------------------------------------------------------------------
                                      2 lines    3 lines    4 lines    5 lines    6 lines    7 lines    8 lines
----------------------------------------------------------------------------------------------------------------
CWPB1..............................          1        0.9        0.9        0.9        0.8        0.8        0.8
CWPB2..............................       11.6       11.2       10.8       10.8       10.4       10.4       10.4
CWPB3..............................        2.5        2.4        2.4        2.3        2.3        2.3        2.3
SWPB...............................       14.8       13.8       13.8       13.8       13.8       13.8       13.8
VSS2...............................        1.7        1.6        1.5        1.5        1.4        1.4        1.4
----------------------------------------------------------------------------------------------------------------


[80 FR 62424, Oct. 15, 2015]



 Sec. Table 3 to Subpart LL of Part 63--Potline PM Limits for Emission 
                                Averaging

----------------------------------------------------------------------------------------------------------------
                                             Semiannual PM limit (lb/ton) [for given number of potlines]
                Type                ----------------------------------------------------------------------------
                                      2 lines    3 lines    4 lines    5 lines    6 lines    7 lines    8 lines
----------------------------------------------------------------------------------------------------------------
CWPB1..............................        6.1        6.1        5.3        5.3        5.0        5.0        5.0
CWPB2..............................       10.6       10.3        9.9        9.9        9.5        9.5        9.5
CWPB3..............................       18.4       17.6       17.6       16.8       16.8       16.8       16.8
SWPB...............................        4.3        3.9        3.9        3.7        3.7        3.7        3.7
VSS2...............................         25       24.1       24.1       23.1       23.1       23.1       23.1
----------------------------------------------------------------------------------------------------------------


[80 FR 62425, Oct. 15, 2015]



  Sec. Table 4 to Subpart LL of Part 63--Anode Bake Furnace Limits for 
                           Emission Averaging

----------------------------------------------------------------------------------------------------------------
                                                                         Emission limit (lb/ton of anode)
                       Number of furnaces                        -----------------------------------------------
                                                                        TF              POM             PM
----------------------------------------------------------------------------------------------------------------
2...............................................................            0.11            0.17            0.11
3...............................................................            0.09            0.17           0.091
4...............................................................           0.077            0.17           0.076
5...............................................................            0.07            0.17           0.071
----------------------------------------------------------------------------------------------------------------


[80 FR 62424, Oct. 15, 2015]



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

----------------------------------------------------------------------------------------------------------------
       Reference section(s)                 Requirement         Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)............  General Applicability.....  Yes..................
63.1(a)(5)........................  ..........................  No...................  [Reserved].
63.1(a)(6)........................  ..........................  Yes..................
63.1(a)(7) through (9)............  ..........................  No...................  [Reserved].
63.1(a)(10) through (12)..........  ..........................  Yes..................
63.1(b)(1) through (3)............  Initial Applicability       Yes..................  (b)(2) Reserved.
                                     Determination.
63.1(c)(1)........................  Applicability after         Yes..................
                                     standard Established.
63.1(c)(2)........................  ..........................  Yes..................  Area sources are not
                                                                                        subject to this subpart.
63.1(c)(3) and (4)................  ..........................  No...................  [Reserved].
63.1(c)(5)........................  ..........................  Yes..................
63.1(c)(6)........................  Reclassification..........  Yes..................
63.1(d)...........................  ..........................  No...................  [Reserved].
63.1(e)...........................  Applicability of Permit     Yes..................
                                     Program.

[[Page 474]]

 
63.2..............................  Definitions...............  Yes..................  Reconstruction defined in
                                                                                        Sec.   63.842.
63.3..............................  Units and Abbreviations...  Yes..................
63.4(a)(1) and (2)................  Prohibited activities.....  Yes..................
63.4(a)(3) through (5)............  ..........................  No...................  [Reserved].
63.4(b) and (c)...................  Circumvention/Severability  Yes..................
63.5(a)...........................  Construction/               Yes..................
                                     Reconstruction
                                     Applicability.
63.5(b)(1)........................  Existing, New,              Yes..................
                                     Reconstructed Sources
                                     Requirements.
63.5(b)(2)........................  ..........................  No...................  [Reserved].
63.5(b)(3) and (4)................  ..........................  Yes..................
63.5(b)(5)........................  ..........................  No...................  [Reserved].
63.5(b)(6)........................  ..........................  Yes..................
63.5(c)...........................  ..........................  No...................  [Reserved].
63.5(d)...........................  Application for Approval    Yes..................
                                     of Construction/
                                     Reconstruction.
63.5(e)...........................  Approval of Construction/   Yes..................
                                     Reconstruction.
63.5(f)...........................  Approval of Construction/   Yes..................
                                     Reconstruction Based on
                                     State Review.
63.6(a)...........................  Compliance with Standards   Yes..................
                                     and Maintenance
                                     Applicability.
63.6(b)(1) through (5)............  New and Reconstructed       Yes..................  See Sec.   847(a)(6) and
                                     Source Dates.                                      (7).
63.6(b)(6)........................  ..........................  No...................  [Reserved].
63.6(b)(7)........................  ..........................  Yes..................
63.6(c)(1)........................  Existing Source Dates.....  No...................  See Sec.   847(a).
63.6(c)(2)........................  ..........................  Yes..................
63.6(c)(3) and (4)................  ..........................  No...................  [Reserved].
63.6(c)(5)........................  ..........................  Yes..................
63.6(d)...........................  ..........................  No...................  [Reserved].
63.6(e)(1)(i).....................  ..........................  No...................  See Sec.  Sec.
                                                                                        63.843(f) and 63.844(f)
                                                                                        for general duty
                                                                                        requirement.
63.6(e)(1)(ii)....................  ..........................  No...................
63.6(e)(1)(iii)...................  ..........................  Yes..................
63.6(e)(2)........................  ..........................  No...................  [Reserved].
63.6(e)(3)........................  Startup, Shutdown and       No...................
                                     Malfunction Plan.
63.6(f)(1)........................  Compliance with Emissions   No...................
                                     Standards.
63.6(f)(2)........................  Methods/Finding of          Yes..................
                                     Compliance.
63.6(g)...........................  Alternative Standard......  Yes..................
63.6(h)...........................  Compliance with Opacity/VE  Only in Sec.   63.845  Opacity standards
                                     Standards.                                         applicable only when
                                                                                        incorporating the NSPS
                                                                                        requirements under Sec.
                                                                                         63.845.
63.6(i)(1) through (14)...........  Extension of Compliance...  Yes..................
63.6(i)(15).......................  ..........................  No...................  [Reserved].
63.6(i)(16).......................  ..........................  Yes..................
63.6(j)...........................  Exemption from Compliance.  Yes..................
63.7(a)...........................  Performance Test            Yes..................
                                     Requirements
                                     Applicability.
63.7(b)...........................  Notification..............  Yes..................
63.7(c)...........................  Quality Assurance/Test      Yes..................
                                     Plan.
63.7(d)...........................  Testing facilities........  Yes..................
63.7(e)(1)........................  Conduct of Tests..........  No...................  See Sec.   63.847(d).
63.7(e)(2) through (4)............  ..........................  Yes..................
63.7(f), (g), (h).................  Alternative Test Method...  Yes..................
63.8(a)(1) and (2)................  Monitoring Requirements     Yes..................
                                     Applicability.
63.8(a)(3)........................  ..........................  No...................  [Reserved].
63.8(b)...........................  Conduct of Monitoring.....  Yes..................
63.8(c)(1)(i).....................  ..........................  No...................  See Sec.  Sec.
                                                                                        63.843(f) and 63.844(f)
                                                                                        for general duty
                                                                                        requirement.
63.8(c)(1)(ii)....................  ..........................  Yes..................
63.8(c)(1)(iii)...................  ..........................  No...................
63.8(c)(2) through (d)(2).........  ..........................  Yes..................
63.8(d)(3)........................  ..........................  Yes, except for last
                                                                 sentence.
63.8(e) through (g)...............  ..........................  Yes..................
63.9(a)...........................  Notification Requirements   Yes..................
                                     Applicability.
63.9(b)...........................  Initial Notifications.....  Yes..................  Notification of re-start
                                                                                        specified in Sec.
                                                                                        63.850(a)(9).

[[Page 475]]

 
63.9(c)...........................  Request for Compliance      Yes..................
                                     Extension.
63.9(d)...........................  New Source Notification     Yes..................
                                     for Special Compliance
                                     Requirements.
63.9(e)...........................  Notification of             No...................
                                     Performance Test.
63.9(f)...........................  Notification of VE/Opacity  No...................
                                     Test.
63.9(g)...........................  Additional CMS              No...................
                                     Notifications.
63.9(h)(1) through (3)............  Notification of Compliance  Yes..................
                                     Status.
63.9(h)(4)........................  ..........................  No...................  [Reserved].
63.9(h)(5) and (6)................  ..........................  Yes..................
63.9(i)...........................  Adjustment of Deadlines...  Yes..................
63.9(j)...........................  Change in Previous          Yes..................
                                     Information.
63.9(k)...........................  Electronic reporting        Yes..................  Only as specified in Sec.
                                     procedures.                                          63.9(j).
63.10(a)..........................  Recordkeeping/Reporting     Yes..................
                                     Applicability.
63.10(b)(1).......................  General Recordkeeping       Yes..................
                                     Requirements.
63.10(b)(2)(i)....................  ..........................  No...................
63.10(b)(2)(ii)...................  ..........................  No...................  See Sec.  Sec.
                                                                                        63.850(e)(4)(xvi) and
                                                                                        (xvii) for recordkeeping
                                                                                        of occurrence and
                                                                                        duration of malfunctions
                                                                                        and recordkeeping of
                                                                                        actions taken during
                                                                                        malfunction.
63.10(b)(2)(iii)..................  ..........................  Yes..................
63.10(b)(2)(iv) and (v)...........  ..........................  No...................
63.10(b)(2)(vi) through (xiv).....  ..........................  Yes..................
63.(10)(b)(3).....................  ..........................  Yes..................
63.10(c)(1) through (9)...........  ..........................  Yes..................
63.10(c)(10) and (11).............  ..........................  No...................  See Sec.  Sec.
                                                                                        63.850(e)(4)(xvi) and
                                                                                        (xvii) for recordkeeping
                                                                                        of malfunctions.
63.10(c)(12) through (14).........  ..........................  Yes..................
63.10(c)(15)......................  ..........................  No...................
63.10(d)(1).......................  General Reporting           Yes..................
                                     Requirements.
63.10(d)(2).......................  ..........................  No...................  See Sec.   63.850(b).
63.10(d)(3) and (4)...............  ..........................  Yes..................
63.10(d)(5).......................  Startup-Shutdown and        No...................  See Sec.   63.850(d)(2)
                                     Malfunction Reports.                               for reporting of
                                                                                        malfunctions.
63.10(e) and (f)..................  Additional CMS Reports and  Yes..................
                                     Recordkeeping/Reporting
                                     Waiver.
63.11.............................  Control Device/work         No...................
                                     practices requirements
                                     Applicability.
63.12.............................  State Authority and         Yes..................
                                     Delegations.
63.13.............................  Addresses.................  Yes..................
63.14.............................  Incorporation by Reference  Yes..................
63.15.............................  Information Availability/   Yes..................
                                     Confidentiality.
63.16.............................  Performance Track           No...................
                                     Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 62425, Oct. 15, 2015, as amended at 85 FR 73896, Nov. 19, 2020]



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

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



Sec.  63.860  Applicability and designation of affected source.

    (a) The requirements of this subpart apply to the owner or operator 
of each kraft, soda, sulfite, or stand-alone semichemical pulp mill that 
is a major source of hazardous air pollutants (HAP) emissions as defined 
in Sec.  63.2.
    (b) Affected sources. The requirements of this subpart apply to each 
new or existing affected source listed in paragraphs (b)(1) through (7) 
of this section:
    (1) Each existing chemical recovery system (as defined in Sec.  
63.861) located at a kraft or soda pulp mill.
    (2) Each new nondirect contact evaporator (NDCE) recovery furnace 
and associated smelt dissolving tank(s) located at a kraft or soda pulp 
mill.
    (3) Each new direct contact evaporator (DCE) recovery furnace system 
(as defined in Sec.  63.861) and associated

[[Page 476]]

smelt dissolving tank(s) located at a kraft or soda pulp mill.
    (4) Each new lime kiln located at a kraft or soda pulp mill.
    (5) Each new or existing sulfite combustion unit located at a 
sulfite pulp mill, except such existing units at Cosmo Specialty Fibers' 
Cosmopolis, Washington facility (Emission Unit no. AP-10).
    (6) Each new or existing semichemical combustion unit located at a 
stand-alone semichemical pulp mill.
    (7) The requirements of the alternative standard in Sec.  63.862(d) 
apply to the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, 
Washington facility (Emission Unit no. HD-14).
    (c) The requirements of the General Provisions in subpart A of this 
part that apply to the owner or operator subject to the requirements of 
this subpart are identified in Table 1 to this subpart.
    (d) 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.

[66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003; 82 
FR 47347, Oct. 11, 2017]



Sec.  63.861  Definitions.

    All terms used in this subpart are defined in the Clean Air Act, in 
subpart A of this part, or in this section. For the purposes of this 
subpart, if the same term is defined in subpart A or any other subpart 
of this part and in this section, it must have the meaning given in this 
section.
    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter in order to 
detect bag failures. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other principle to monitor relative 
PM loadings.
    Black liquor means spent cooking liquor that has been separated from 
the pulp produced by the kraft, soda, or semichemical pulping process.
    Black liquor oxidation (BLO) system means the vessels used to 
oxidize the black liquor, with air or oxygen, and the associated storage 
tank(s).
    Black liquor solids (BLS) means the dry weight of the solids in the 
black liquor that enters the recovery furnace or semichemical combustion 
unit.
    Black liquor solids firing rate means the rate at which black liquor 
solids are fed to the recovery furnace or the semichemical combustion 
unit.
    Chemical recovery combustion source means any source in the chemical 
recovery area of a kraft, soda, sulfite or stand-alone semichemical pulp 
mill that is an NDCE recovery furnace, a DCE recovery furnace system, a 
smelt dissolving tank, a lime kiln, a sulfite combustion unit, or a 
semichemical combustion unit.
    Chemical recovery system means all existing DCE and NDCE recovery 
furnaces, smelt dissolving tanks, and lime kilns at a kraft or soda pulp 
mill. Each existing recovery furnace, smelt dissolving tank, or lime 
kiln is considered a process unit within a chemical recovery system.
    Direct contact evaporator (DCE) recovery furnace means a kraft or 
soda recovery furnace equipped with a direct contact evaporator that 
concentrates strong black liquor by direct contact between the hot 
recovery furnace exhaust gases and the strong black liquor.
    Direct contact evaporator (DCE) recovery furnace system means a 
direct contact evaporator recovery furnace and any black liquor 
oxidation system, if present, at the pulp mill.

[[Page 477]]

    Dry electrostatic precipitator (ESP) system means an electrostatic 
precipitator with a dry bottom (i.e., no black liquor, water, or other 
fluid is used in the ESP bottom) and a dry particulate matter return 
system (i.e., no black liquor, water, or other fluid is used to 
transport the collected PM to the mix tank).
    Fabric filter means an air pollution control device used to capture 
PM by filtering a gas stream through filter media; also known as a 
baghouse.
    Hazardous air pollutants (HAP) metals means the sum of all emissions 
of antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, mercury, nickel, and selenium as measured by EPA Method 29 
(40 CFR part 60, appendix A-8).
    Hog fuel dryer means the equipment that combusts fine particles of 
wood waste (hog fuel) in a fluidized bed and directs the heated exhaust 
stream to a rotary dryer containing wet hog fuel to be dried prior to 
combustion in the hog fuel boiler at Cosmo Specialty Fibers' Cosmopolis, 
Washington facility. The hog fuel dryer at Cosmo Specialty Fibers' 
Cosmopolis, Washington facility is Emission Unit no. HD-14.
    Kraft pulp mill means any stationary source that produces pulp from 
wood by cooking (digesting) wood chips in a solution of sodium hydroxide 
and sodium sulfide. The recovery process used to regenerate cooking 
chemicals is also considered part of the kraft pulp mill.
    Kraft recovery furnace means a recovery furnace that is used to burn 
black liquor produced by the kraft pulping process, as well as any 
recovery furnace that burns black liquor produced from both the kraft 
and semichemical pulping processes, and includes the direct contact 
evaporator, if applicable.
    Lime kiln means the combustion unit (e.g., rotary lime kiln or 
fluidized-bed calciner) used at a kraft or soda pulp mill to calcine 
lime mud, which consists primarily of calcium carbonate, into quicklime, 
which is calcium oxide (CaO).
    Lime production rate means the rate at which dry lime, measured as 
CaO, is produced in the lime kiln.
    Method detection limit means the minimum concentration of an analyte 
that can be determined with 99 percent confidence that the true value is 
greater than zero.
    Modification means, for the purposes of Sec.  
63.862(a)(1)(ii)(D)(1), any physical change (excluding any routine part 
replacement or maintenance) or operational change that is made to the 
air pollution control device that could result in an increase in PM 
emissions.
    Nondetect data means, for the purposes of this subpart, any value 
that is below the method detection limit.
    Nondirect contact evaporator (NDCE) recovery furnace means a kraft 
or soda recovery furnace that burns black liquor that has been 
concentrated by indirect contact with steam.
    No-load fan amperage means, for purposes of this subpart, the 
amperage pulled by the fan motor when the fan is operating under no-
load, specifically the amperage value the motor would use if the fan 
belt was removed or the coupling to a direct drive fan was disconnected.
    Particulate matter (PM) means total filterable particulate matter as 
measured by EPA Method 5 (40 CFR part 60, appendix A-3), EPA Method 17 
(Sec.  63.865(b)(1)) (40 CFR part 60, appendix A-6), or EPA Method 29 
(40 CFR part 60, appendix A-8).
    Process unit means an existing DCE or NDCE recovery furnace, smelt 
dissolving tank, or lime kiln in a chemical recovery system at a kraft 
or soda mill.
    Recovery furnace means an enclosed combustion device where 
concentrated black liquor produced by the kraft or soda pulping process 
is burned to recover pulping chemicals and produce steam.
    Regenerative thermal oxidizer (RTO) means a thermal oxidizer that 
transfers heat from the exhaust gas stream to the inlet gas stream by 
passing the exhaust stream through a bed of ceramic stoneware or other 
heat-absorbing medium before releasing it to the atmosphere, then 
reversing the gas flow so the inlet gas stream passes through the heated 
bed, raising the temperature of the inlet stream close to or at its 
ignition temperature.
    Semichemical combustion unit means any equipment used to combust or 
pyrolyze black liquor at stand-alone

[[Page 478]]

semichemical pulp mills for the purpose of chemical recovery.
    Similar process units means all existing DCE and NDCE recovery 
furnaces, smelt dissolving tanks, or lime kilns at a kraft or soda pulp 
mill.
    Smelt dissolving tank (SDT) means a vessel used for dissolving the 
smelt collected from a kraft or soda recovery furnace.
    Soda pulp mill means any stationary source that produces pulp from 
wood by cooking (digesting) wood chips in a sodium hydroxide solution. 
The recovery process used to regenerate cooking chemicals is also 
considered part of the soda pulp mill.
    Soda recovery furnace means a recovery furnace used to burn black 
liquor produced by the soda pulping process and includes the direct 
contact evaporator, if applicable.
    Stand-alone semichemical pulp mill means any stationary source that 
produces pulp from wood by partially digesting wood chips in a chemical 
solution followed by mechanical defibrating (grinding), and has an 
onsite chemical recovery process that is not integrated with a kraft 
pulp mill.
    Sulfite combustion unit means a combustion device, such as a 
recovery furnace or fluidized-bed reactor, where spent liquor from the 
sulfite pulping process (i.e., red liquor) is burned to recover pulping 
chemicals.
    Sulfite pulp mill means any stationary source that produces pulp 
from wood by cooking (digesting) wood chips in a solution of sulfurous 
acid and bisulfite ions. The recovery process used to regenerate cooking 
chemicals is also considered part of the sulfite pulp mill.
    Total hydrocarbons (THC) means the sum of organic compounds measured 
as carbon using EPA Method 25A (40 CFR part 60, appendix A-7).

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7713, Feb. 18, 2003; 82 FR 47347, Oct. 11, 2017; 85 FR 70493, Nov. 5, 
2020]



Sec.  63.862  Standards.

    (a) Standards for HAP metals: existing sources. (1) Each owner or 
operator of an existing kraft or soda pulp mill must comply with the 
requirements of either paragraph (a)(1)(i) or (ii) of this section.
    (i) Each owner or operator of a kraft or soda pulp mill must comply 
with the PM emissions limits in paragraphs (a)(1)(i)(A) through (C) of 
this section.
    (A) The owner or operator of each existing kraft or soda recovery 
furnace must ensure that the concentration of PM in the exhaust gases 
discharged to the atmosphere is less than or equal to 0.10 gram per dry 
standard cubic meter (g/dscm) (0.044 grain per dry standard cubic foot 
(gr/dscf)) corrected to 8 percent oxygen.
    (B) The owner or operator of each existing kraft or soda smelt 
dissolving tank must ensure that the concentration of PM in the exhaust 
gases discharged to the atmosphere is less than or equal to 0.10 
kilogram per megagram (kg/Mg) (0.20 pound per ton (lb/ton)) of black 
liquor solids fired.
    (C) The owner or operator of each existing kraft or soda lime kiln 
must ensure that the concentration of PM in the exhaust gases discharged 
to the atmosphere is less than or equal to 0.15 g/dscm (0.064 gr/dscf) 
corrected to 10 percent oxygen.
    (ii) As an alternative to meeting the requirements of Sec.  
63.862(a)(1)(i), each owner or operator of a kraft or soda pulp mill may 
establish PM emissions limits for each existing kraft or soda recovery 
furnace, smelt dissolving tank, and lime kiln that operates 6,300 hours 
per year or more by:
    (A) Establishing an overall PM emission limit for each existing 
process unit in the chemical recovery system at the kraft or soda pulp 
mill using the methods in Sec.  63.865(a)(1) and (2).
    (B) The emissions limits for each kraft recovery furnace, smelt 
dissolving tank, and lime kiln that are used to establish the overall PM 
limit in paragraph (a)(1)(ii)(A) of this section must not be less 
stringent than the emissions limitations required by Sec.  60.282 of 
part 60 of this chapter for any kraft recovery furnace, smelt dissolving 
tank, or lime kiln that is subject to the requirements of Sec.  60.282.
    (C) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln must ensure that the PM 
emissions discharged to the atmosphere from each of these sources are 
less than or equal to the applicable PM emissions limits,

[[Page 479]]

established using the methods in Sec.  63.865(a)(1), that are used to 
establish the overall PM emissions limits in paragraph (a)(1)(ii)(A) of 
this section.
    (D) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln must reestablish the 
emissions limits determined in paragraph (a)(1)(ii)(A) of this section 
if either of the actions in paragraphs (a)(1)(ii)(D)(1) and (2) of this 
section are taken:
    (1) The air pollution control system for any existing kraft or soda 
recovery furnace, smelt dissolving tank, or lime kiln for which an 
emission limit was established in paragraph (a)(1)(ii)(A) of this 
section is modified (as defined in Sec.  63.861) or replaced; or
    (2) Any kraft or soda recovery furnace, smelt dissolving tank, or 
lime kiln for which an emission limit was established in paragraph 
(a)(1)(ii)(A) of this section is shut down for more than 60 consecutive 
days.
    (iii) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln that operates less than 
6,300 hours per year must comply with the applicable PM emissions limits 
for that process unit provided in paragraph (a)(1)(i) of this section.
    (2) Except as specified in paragraph (d) of this section, the owner 
or operator of each existing sulfite combustion unit must ensure that 
the concentration of PM in the exhaust gases discharged to the 
atmosphere is less than or equal to 0.092 g/dscm (0.040 gr/dscf) 
corrected to 8 percent oxygen.
    (b) Standards for HAP metals: new sources. (1) The owner or operator 
of any new kraft or soda recovery furnace must ensure that the 
concentration of PM in the exhaust gases discharged to the atmosphere is 
less than or equal to 0.034 g/dscm (0.015 gr/dscf) corrected to 8 
percent oxygen.
    (2) The owner or operator of any new kraft or soda smelt dissolving 
tank must ensure that the concentration of PM in the exhaust gases 
discharged to the atmosphere is less than or equal to 0.06 kg/Mg (0.12 
lb/ton) of black liquor solids fired.
    (3) The owner or operator of any new kraft or soda lime kiln must 
ensure that the concentration of PM in the exhaust gases discharged to 
the atmosphere is less than or equal to 0.023 g/dscm (0.010 gr/dscf) 
corrected to 10 percent oxygen.
    (4) The owner or operator of any new sulfite combustion unit must 
ensure that the concentration of PM in the exhaust gases discharged to 
the atmosphere is less than or equal to 0.046 g/dscm (O.020 gr/dscf) 
corrected to 8 percent oxygen.
    (c) Standards for gaseous organic HAP. (1) The owner or operator of 
any new recovery furnace at a kraft or soda pulp mill must ensure that 
the concentration of gaseous organic HAP, as measured by methanol, 
discharged to the atmosphere is no greater than 0.012 kg/Mg (0.025 lb/
ton) of black liquor solids fired.
    (2) The owner or operator of each existing or new semichemical 
combustion unit must ensure that:
    (i) The concentration of gaseous organic HAP, as measured by total 
hydrocarbons reported as carbon, discharged to the atmosphere is less 
than or equal to 1.49 kg/Mg (2.97 lb/ton) of black liquor solids fired; 
or
    (ii) The gaseous organic HAP emissions, as measured by total 
hydrocarbons reported as carbon, are reduced by at least 90 percent 
prior to discharge of the gases to the atmosphere.
    (d) Alternative standard. As an alternative to meeting the 
requirements of paragraph (a)(2) of this section, the owner or operator 
of the existing hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, 
Washington facility (Emission Unit no. HD-14) must ensure that the mass 
of PM in the exhaust gases discharged to the atmosphere from the hog 
fuel dryer is less than or equal to 4.535 kilograms per hour (kg/hr) 
(10.0 pounds per hour (lb/hr)).

[66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003; 68 
FR 67954, Dec. 5, 2003; 82 FR 47347, Oct. 11, 2017]



Sec.  63.863  Compliance dates.

    (a) The owner or operator of an existing affected source or process 
unit must comply with the requirements in this subpart no later than 
March 13, 2004, except as noted in paragraph (c) of this section.

[[Page 480]]

    (b) The owner or operator of a new affected source that has an 
initial startup date after March 13, 2001 must comply with the 
requirements in this subpart immediately upon startup of the affected 
source, except as specified in Sec.  63.6(b).
    (c) The owner or operator of an existing source or process unit must 
comply with the revised requirements published on October 11, 2017 no 
later than October 11, 2019, with the exception of the following:
    (1) The first of the 5-year periodic performance tests must be 
conducted by October 13, 2020, and thereafter within 5 years following 
the previous performance test; and
    (2) The date to submit performance test data through the CEDRI is 
within 60 days after the date of completing each performance test.

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 66 
FR 37593, July 19, 2001; 68 FR 46108, Aug. 5, 2003; 82 FR 47347, Oct. 
11, 2017]



Sec.  63.864  Monitoring requirements.

    (a)-(c) [Reserved]
    (d) Continuous opacity monitoring system (COMS). The owner or 
operator of each affected kraft or soda recovery furnace or lime kiln 
equipped with an ESP must install, calibrate, maintain, and operate a 
COMS in accordance with Performance Specification 1 (PS-1) in appendix B 
to 40 CFR part 60 and the provisions in Sec. Sec.  63.6(h) and 63.8 and 
paragraphs (d)(3) and (4) of this section.
    (1)-(2) [Reserved]
    (3) As specified in Sec.  63.8(c)(4)(i), each COMS must complete a 
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
    (4) As specified in Sec.  63.8(g)(2), each 6-minute COMS data 
average must be calculated as the average of 36 or more data points, 
equally spaced over each 6-minute period.
    (e) Continuous parameter monitoring system (CPMS). For each CPMS 
required in this section, the owner or operator of each affected source 
or process unit must meet the requirements in paragraphs (e)(1) through 
(14) of this section.
    (1) For any kraft or soda recovery furnace or lime kiln using an ESP 
emission control device, the owner or operator must maintain proper 
operation of the ESP's automatic voltage control (AVC).
    (2) For any kraft or soda recovery furnace or lime kiln using an ESP 
followed by a wet scrubber, the owner or operator must follow the 
parameter monitoring requirements specified in paragraphs (e)(1) and 
(10) of this section. The opacity monitoring system specified in 
paragraph (d) of this section is not required for combination ESP/wet 
scrubber control device systems.
    (3)-(9) [Reserved]
    (10) The owner or operator of each affected kraft or soda recovery 
furnace, kraft or soda lime kiln, sulfite combustion unit, or kraft or 
soda smelt dissolving tank equipped with a wet scrubber must install, 
calibrate, maintain, and operate a CPMS that can be used to determine 
and record the pressure drop across the scrubber and the scrubbing 
liquid flow rate at least once every successive 15-minute period using 
the procedures in Sec.  63.8(c), as well as the procedures in paragraphs 
(e)(10)(i) and (ii) of this section:
    (i) A monitoring device used for the continuous measurement of the 
pressure drop of the gas stream across the scrubber must be certified by 
the manufacturer to be accurate to within a gage pressure of 500 pascals (2 inches of water 
gage pressure); and
    (ii) A monitoring device used for continuous measurement of the 
scrubbing liquid flow rate must be certified by the manufacturer to be 
accurate within 5 percent of the design scrubbing 
liquid flow rate.
    (iii) As an alternative to pressure drop measurement under paragraph 
(e)(10)(i) of this section, a monitoring device for measurement of fan 
amperage or fan revolutions per minute (RPM) may be used for smelt 
dissolving tank dynamic scrubbers that operate at ambient pressure or 
for low-energy entrainment scrubbers where the fan speed does not vary.
    (11) The owner or operator of each affected semichemical combustion 
unit equipped with an RTO must install, calibrate, maintain, and operate 
a

[[Page 481]]

CPMS that can be used to determine and record the operating temperature 
of the RTO at least once every successive 15-minute period using the 
procedures in Sec.  63.8(c). The monitor must compute and record the 
operating temperature at the point of incineration of effluent gases 
that are emitted using a temperature monitor accurate to within 1 percent of the temperature being measured.
    (12) The owner or operator of the affected hog fuel dryer at Cosmo 
Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-
14) must meet the requirements in paragraphs (e)(12)(i) through (xi) of 
this section for each bag leak detection system.
    (i) The owner or operator must install, calibrate, maintain, and 
operate each triboelectric bag leak detection system according to EPA-
454/R-98-015, ``Fabric Filter Bag Leak Detection Guidance'' 
(incorporated by reference--see Sec.  63.14). The owner or operator must 
install, calibrate, maintain, and operate other types of bag leak 
detection systems in a manner consistent with the manufacturer's written 
specifications and recommendations.
    (ii) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (iii) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (iv) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (v) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (vi) For positive pressure fabric filter systems, a bag leak 
detector must be installed in each baghouse compartment or cell.
    (vii) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ix) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance'' (incorporated by reference--see 
Sec.  63.14).
    (x) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted except as detailed in the site-specific monitoring plan. In 
no case may the sensitivity be increased by more than 100 percent or 
decreased more than 50 percent over a 365-day period unless such 
adjustment follows a complete fabric filter inspection which 
demonstrates that the fabric filter is in good operating condition, as 
defined in section 5.2 of the ``Fabric Filter Bag Leak Detection 
Guidance,'' (incorporated by reference--see Sec.  63.14). Record each 
adjustment.
    (xi) The owner or operator must record the results of each 
inspection, calibration, and validation check.
    (13) The owner or operator of each affected source or process unit 
that uses an ESP, wet scrubber, RTO, or fabric filter may monitor 
alternative control device operating parameters subject to prior written 
approval by the Administrator. The request for approval must also 
include the manner in which the parameter operating limit is to be set.
    (14) The owner or operator of each affected source or process unit 
that uses an air pollution control system other than an ESP, wet 
scrubber, RTO, or fabric filter must provide to the Administrator an 
alternative monitoring request that includes a description of the 
control device, test results verifying the performance of the control 
device, the appropriate operating parameters that will be monitored, how 
the operating limit is to be set, and the frequency of measuring and 
recording to establish continuous compliance with the standards. The 
alternative monitoring request is subject to

[[Page 482]]

the Administrator's approval. The owner or operator of the affected 
source or process unit must install, calibrate, operate, and maintain 
the monitor(s) in accordance with the alternative monitoring request 
approved by the Administrator. The owner or operator must include in the 
information submitted to the Administrator proposed performance 
specifications and quality assurance procedures for the monitors. The 
Administrator may request further information and will approve 
acceptable test methods and procedures. The owner or operator must 
monitor the parameters as approved by the Administrator using the 
methods and procedures in the alternative monitoring request.
    (f) Data quality assurance. The owner or operator shall keep CMS 
data quality assurance procedures consistent with the requirements in 
Sec.  63.8(d)(1) and (2) on record for the life of the affected source 
or until the affected source is no longer subject to the provisions of 
this part, to be made available for inspection, upon request, by the 
Administrator. If the performance evaluation plan in Sec.  63.8(d)(2) is 
revised, the owner or operator shall keep previous (i.e., superseded) 
versions of the performance evaluation plan on record to be made 
available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan. The program of 
corrective action should be included in the plan required under Sec.  
63.8(d)(2).
    (g) Gaseous organic HAP. The owner or operator of each affected 
source or process unit complying with the gaseous organic HAP standard 
of Sec.  63.862(c)(1) through the use of an NDCE recovery furnace 
equipped with a dry ESP system is not required to conduct any continuous 
monitoring to demonstrate compliance with the gaseous organic HAP 
standard.
    (h) Monitoring data. As specified in Sec.  63.8(g)(5), monitoring 
data recorded during periods of unavoidable CMS breakdowns, out-of-
control periods, repairs, maintenance periods, calibration checks, and 
zero (low-level) and high level adjustments must not be included in any 
data average computed under this subpart.
    (i) [Reserved]
    (j) Determination of operating limits. (1) During the initial or 
periodic performance test required in Sec.  63.865, the owner or 
operator of any affected source or process unit must establish operating 
limits for the monitoring parameters in paragraphs (e)(10) through (14) 
of this section, as appropriate; or
    (2) The owner or operator may base operating limits on values 
recorded during previous performance tests or conduct additional 
performance tests for the specific purpose of establishing operating 
limits, provided that data used to establish the operating limits are or 
have been obtained during testing that used the test methods and 
procedures required in this subpart. The owner or operator of the 
affected source or process unit must certify that all control techniques 
and processes have not been modified subsequent to the testing upon 
which the data used to establish the operating parameter limits were 
obtained.
    (3) The owner or operator of an affected source or process unit may 
establish expanded or replacement operating limits for the monitoring 
parameters listed in paragraphs (e)(10) through (14) of this section and 
established in paragraph (j)(1) or (2) of this section during subsequent 
performance tests using the test methods in Sec.  63.865.
    (4) The owner or operator of the affected source or process unit 
must continuously monitor each parameter and determine the arithmetic 
average value of each parameter during each performance test run. 
Multiple performance tests may be conducted to establish a range of 
parameter values. Operating outside a previously established parameter 
limit during a performance test to expand the operating limit range does 
not constitute a monitoring exceedance. Operating limits must be 
confirmed or reestablished during performance tests.
    (5) New, expanded, or replacement operating limits for the 
monitoring parameter values listed in paragraphs (e)(10) through (14) of 
this section should be determined as described in paragraphs (j)(5)(i) 
and (ii) of this section.
    (i) The owner or operator of an affected source or process unit that 
uses

[[Page 483]]

a wet scrubber must set minimum operating limits as described in 
paragraph (j)(5)(i)(A) and (B) of this section.
    (A) Set the minimum scrubbing liquid flow rate operating limit as 
the lowest of the 1-hour average scrubbing liquid flow rate values 
associated with each test run demonstrating compliance with the 
applicable emission limit in Sec.  63.862.
    (B) Set the minimum scrubber pressure drop operating limit as the 
lowest of the 1-hour average pressure drop values associated with each 
test run demonstrating compliance with the applicable emission limit in 
Sec.  63.862; or for a smelt dissolving tank dynamic wet scrubber 
operating at ambient pressure or for low-energy entrainment scrubbers 
where fan speed does not vary, set the minimum operating limit using one 
of the methods in paragraph (j)(5)(i)(B)(1) through (3) of this section.
    (1) The minimum fan amperage operating limit must be set as the 
midpoint between the lowest of the 1-hour average fan amperage values 
associated with each test run demonstrating compliance with the 
applicable emission limit in Sec.  63.862 and the no-load amperage 
value. The no-load amperage value must be determined using manufacturers 
specifications, or by performing a no-load test of the fan motor for 
each smelt dissolving tank scrubber; or
    (2) The minimum percent full load amperage (PFLA) to the fan motor 
must be set as the percent of full load amperage under no-load, plus 10 
percent. The PFLA is calculated by dividing the no-load amperage value 
by the highest of the 1-hour average fan amperage values associated with 
each test run demonstrating compliance with the applicable emission 
limit in Sec.  63.862 multiplied by 100 and then adding 10 percent. The 
no-load amperage value must be determined using manufacturers 
specifications, or by performing a no-load test of the fan motor for 
each smelt dissolving tank scrubber; or
    (3) The minimum RPM must be set as 5 percent lower than the lowest 
1-hour average RPM associated with each test run demonstrating 
compliance with the applicable emission limit.
    (ii) [Reserved]
    (k) On-going compliance provisions. (1) Following the compliance 
date, owners or operators of all affected sources or process units are 
required to implement corrective action if the monitoring exceedances in 
paragraphs (k)(1)(i) through (vii) of this section occur during times 
when spent pulping liquor or lime mud is fed (as applicable). Corrective 
action can include completion of transient startup and shutdown 
conditions as expediently as possible.
    (i) For a new or existing kraft or soda recovery furnace or lime 
kiln equipped with an ESP, when the average of ten consecutive 6-minute 
averages result in a measurement greater than 20 percent opacity;
    (ii) For a new or existing kraft or soda recovery furnace, kraft or 
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite 
combustion unit equipped with a wet scrubber, when any 3-hour average 
parameter value is below the minimum operating limit established in 
paragraph (j) of this section, with the exception of pressure drop 
during periods of startup and shutdown;
    (iii) For a new or existing kraft or soda recovery furnace or lime 
kiln equipped with an ESP followed by a wet scrubber, when any 3-hour 
average scrubber parameter value is below the minimum operating limit 
established in paragraph (j) of this section, with the exception of 
pressure drop during periods of startup and shutdown;
    (iv) For a new or existing semichemical combustion unit equipped 
with an RTO, when any 1-hour average temperature falls below the minimum 
temperature operating limit established in paragraph (j) of this 
section;
    (v) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, 
Washington facility (Emission Unit no. HD-14), when the bag leak 
detection system alarm sounds;
    (vi) For an affected source or process unit equipped with an ESP, 
wet scrubber, RTO, or fabric filter and monitoring alternative operating 
parameters established in paragraph (e)(13) of this section, when any 3-
hour average value does not meet the operating limit established in 
paragraph (j) of this section; and

[[Page 484]]

    (vii) For an affected source or process unit equipped with an 
alternative air pollution control system and monitoring operating 
parameters approved by the Administrator as established in paragraph 
(e)(14) of this section, when any 3-hour average value does not meet the 
operating limit established in paragraph (j) of this section.
    (2) Following the compliance date, owners or operators of all 
affected sources or process units are in violation of the standards of 
Sec.  63.862 if the monitoring exceedances in paragraphs (k)(2)(i) 
through (ix) of this section occur during times when spent pulping 
liquor or lime mud is fed (as applicable):
    (i) For an existing kraft or soda recovery furnace equipped with an 
ESP, when opacity is greater than 35 percent for 2 percent or more of 
the operating time within any semiannual period;
    (ii) For a new kraft or soda recovery furnace equipped with an ESP, 
when opacity is greater than 20 percent for 2 percent or more of the 
operating time within any semiannual period;
    (iii) For a new or existing kraft or soda lime kiln equipped with an 
ESP, when opacity is greater than 20 percent for 3 percent or more of 
the operating time within any semiannual period;
    (iv) For a new or existing kraft or soda recovery furnace, kraft or 
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite 
combustion unit equipped with a wet scrubber, when six or more 3-hour 
average parameter values within any 6-month reporting period are below 
the minimum operating limits established in paragraph (j) of this 
section, with the exception of pressure drop during periods of startup 
and shutdown;
    (v) For a new or existing kraft or soda recovery furnace or lime 
kiln equipped with an ESP followed by a wet scrubber, when six or more 
3-hour average scrubber parameter values within any 6-month reporting 
period are outside the range of values established in paragraph (j) of 
this section, with the exception of pressure drop during periods of 
startup and shutdown;
    (vi) For a new or existing semichemical combustion unit equipped 
with an RTO, when any 3-hour average temperature falls below the 
temperature established in paragraph (j) of this section;
    (vii) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, 
Washington facility (Emission Unit no. HD-14), when corrective action is 
not initiated within 1 hour of a bag leak detection system alarm and the 
alarm is engaged for more than 5 percent of the total operating time in 
a 6-month block reporting period. In calculating the operating time 
fraction, if inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted; if corrective 
action is required, each alarm is counted as a minimum of 1 hour; if 
corrective action is not initiated within 1 hour, the alarm time is 
counted as the actual amount of time taken to initiate corrective 
action;
    (viii) For an affected source or process unit equipped with an ESP, 
wet scrubber, RTO, or fabric filter and monitoring alternative operating 
parameters established in paragraph (e)(13) of this section, when six or 
more 3-hour average values within any 6-month reporting period do not 
meet the operating limits established in paragraph (j) of this section; 
and
    (ix) For an affected source or process unit equipped with an 
alternative air pollution control system and monitoring operating 
parameters approved by the Administrator as established in paragraph 
(e)(14) of this section, when six or more 3-hour average values within 
any 6-month reporting period do not meet the operating limits 
established in paragraph (j) of this section.
    (3) For purposes of determining the number of nonopacity monitoring 
exceedances, no more than one exceedance will be attributed in any given 
24-hour period.

[68 FR 7713, Feb. 18, 2003, as amended at 68 FR 42605, July 18, 2003; 68 
FR 67955, Dec. 5, 2003; 71 FR 20458, Apr. 20, 2006; 82 FR 47348, Oct. 
11, 2017; 85 FR 70493, Nov. 5, 2020]



Sec.  63.865  Performance test requirements and test methods.

    The owner or operator of each affected source or process unit 
subject to the requirements of this subpart is required to conduct an 
initial performance test and periodic performance

[[Page 485]]

tests using the test methods and procedures listed in Sec.  63.7 and 
paragraph (b) of this section. The owner or operator must conduct the 
first of the periodic performance tests within 3 years of the effective 
date of the revised standards and thereafter within 5 years following 
the previous performance test. Performance tests shall be conducted 
based on representative performance (i.e., performance based on normal 
operating conditions) of the affected source for the period being 
tested. Representative conditions exclude periods of startup and 
shutdown. 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.
    (a) The owner or operator of a process unit seeking to comply with a 
PM emission limit under Sec.  63.862(a)(1)(ii)(A) must use the 
procedures in paragraphs (a)(1) and (2) of this section:
    (1) Determine the overall PM emission limit for the chemical 
recovery system at the mill using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR05DE03.004

Where:

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

    (2) Establish an emission limit for each kraft or soda recovery 
furnace, smelt dissolving tank, and lime kiln; and, using these 
emissions limits, determine the overall PM emission rate for the 
chemical recovery system at the mill using the procedures in paragraphs 
(a)(2)(i) through (v) of this section, such that the overall PM emission 
rate calculated in paragraph (a)(2)(v) of this section is less than or 
equal to the overall PM emission limit determined in paragraph (a)(1) of 
this section, as appropriate.
    (i) The PM emission rate from each affected recovery furnace must be 
determined using Equation 2 of this section as follows:

[[Page 486]]

[GRAPHIC] [TIFF OMITTED] TR12JA01.002

Where:

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

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

Where:

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

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

Where:

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

    (iv) If more than one similar process unit is operated in the 
chemical recovery system at the kraft or soda pulp mill, Equation 5 of 
this section must be used to calculate the overall PM emission rate from 
all similar process units in the chemical recovery system at the mill 
and must be used in determining the overall PM emission rate for the 
chemical recovery system at the mill:

[[Page 487]]

[GRAPHIC] [TIFF OMITTED] TR12JA01.005

Where:

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

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

Where:

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

    (vi) After the Administrator has approved the PM emissions limits 
for each kraft or soda recovery furnace, smelt dissolving tank, and lime 
kiln, the owner or operator complying with an overall PM emission limit 
established in Sec.  63.862(a)(1)(ii) must demonstrate compliance with 
the HAP metals standard by demonstrating compliance with the approved PM 
emissions limits for each affected kraft or soda recovery furnace, smelt 
dissolving tank, and lime kiln, using the test methods and procedures in 
paragraph (b) of this section.
    (b) The owner or operator seeking to determine compliance with Sec.  
63.862(a), (b), or (d) must use the procedures in paragraphs (b)(1) 
through (6) of this section.
    (1) For purposes of determining the concentration or mass of PM 
emitted from each kraft or soda recovery furnace, sulfite combustion 
unit, smelt dissolving tank, lime kiln, or the hog fuel dryer at Cosmo 
Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-
14), Method 5 in appendix A-3 of 40 CFR part 60 or Method 29 in appendix 
A-8 of 40 CFR part 60 must be used, except that Method 17 in appendix A-
6 of 40 CFR part 60 may be used in lieu of Method 5 or Method 29 if a 
constant value of 0.009 g/dscm (0.004 gr/dscf) is added to the results 
of Method 17, and the stack temperature is no greater than 205 [deg]C 
(400[emsp14] [deg]F). For Methods 5, 29, and 17, the sampling time and 
sample volume for each run must be at least 60 minutes and 0.90 dscm 
(31.8 dscf), and water must be used as the

[[Page 488]]

cleanup solvent instead of acetone in the sample recovery procedure.
    (2) For sources complying with Sec.  63.862(a) or (b), the PM 
concentration must be corrected to the appropriate oxygen concentration 
using Equation 7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11OC17.004

Where:

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

    (3) Method 3A or 3B in appendix A-2 of 40 CFR part 60 must be used 
to determine the oxygen concentration. The voluntary consensus standard 
ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--see Sec.  
63.14) may be used as an alternative to using Method 3B. The gas sample 
must be taken at the same time and at the same traverse points as the 
particulate sample.
    (4) For purposes of complying with Sec.  63.862(a)(1)(ii)(A), the 
volumetric gas flow rate must be corrected to the appropriate oxygen 
concentration using Equation 8 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11OC17.005

Where:

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

    (5)(i) For purposes of selecting sampling port location and number 
of traverse points, Method 1 or 1A in appendix A-1 of 40 CFR part 60 
must be used;
    (ii) For purposes of determining stack gas velocity and volumetric 
flow rate, Method 2, 2A, 2C, 2D, or 2F in appendix A-1 of 40 CFR part 60 
or Method 2G in appendix A-2 of 40 CFR part 60 must be used;
    (iii) For purposes of conducting gas analysis, Method 3, 3A, or 3B 
in appendix A-2 of 40 CFR part 60 must be used. The voluntary consensus 
standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--
see Sec.  63.14) may be used as an alternative to using Method 3B; and
    (iv) For purposes of determining moisture content of stack gas, 
Method 4 in appendix A-3 of 40 CFR part 60 must be used.
    (6) Process data measured during the performance test must be used 
to determine the black liquor solids firing rate on a dry basis and the 
CaO production rate.
    (c) The owner or operator of each affected source or process unit 
complying with the gaseous organic HAP standard in Sec.  63.862(c)(1) 
must demonstrate compliance according to the provisions in paragraphs 
(c)(1) and (2) of this section.
    (1) The owner or operator complying through the use of an NDCE 
recovery furnace equipped with a dry ESP system is required to conduct 
periodic performance testing using Method 308 in appendix A of this 
part, as well as the methods listed in paragraphs (b)(5)(i) through (iv) 
of this section to

[[Page 489]]

demonstrate compliance with the gaseous organic HAP standard. The 
requirements and equations in paragraph (c)(2) of this section must be 
met and utilized, respectively.
    (2) The owner or operator complying without using an NDCE recovery 
furnace equipped with a dry ESP system must use Method 308 in appendix A 
of this part, as well as the methods listed in paragraphs (b)(5)(i) 
through (iv) of this section. The sampling time and sample volume for 
each Method 308 run must be at least 60 minutes and 0.014 dscm (0.50 
dscf), respectively.
    (i) The emission rate from any new NDCE recovery furnace must be 
determined using Equation 9 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.010

Where:

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

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

Where:

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

    (d) The owner or operator seeking to determine compliance with the 
gaseous organic HAP standards in Sec.  63.862(c)(2) for semichemical 
combustion units must use Method 25A in appendix A-7 of 40 CFR part 60, 
as well as the methods listed in paragraphs (b)(5)(i) through (iv) of 
this section. The sampling time for each Method 25A run must be at least 
60 minutes. The calibration gas for each Method 25A run must be propane.
    (1) The emission rate from any new or existing semichemical 
combustion unit must be determined using Equation 11 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.012

Where:

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

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

[[Page 490]]

[GRAPHIC] [TIFF OMITTED] TR12JA01.012

Where:

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

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 37593, July 19, 2001; 68 
FR 7716, Feb. 18, 2003; 68 FR 67955, Dec. 5, 2003; 82 FR 47350, Oct. 11, 
2017]



Sec.  63.866  Recordkeeping requirements.

    (a) [Reserved]
    (b) The owner or operator of an affected source or process unit must 
maintain records of any occurrence when corrective action is required 
under Sec.  63.864(k)(1), and when a violation is noted under Sec.  
63.864(k)(2).
    (c) In addition to the general records required by Sec.  
63.10(b)(2)(iii) and (vi) through (xiv), the owner or operator must 
maintain records of the information in paragraphs (c)(1) through (8) of 
this section:
    (1) Records of black liquor solids firing rates in units of Mg/d or 
ton/d for all recovery furnaces and semichemical combustion units;
    (2) Records of CaO production rates in units of Mg/d or ton/d for 
all lime kilns;
    (3) Records of parameter monitoring data required under Sec.  
63.864, including any period when the operating parameter levels were 
inconsistent with the levels established during the performance test, 
with a brief explanation of the cause of the monitoring exceedance, the 
time the monitoring exceedance occurred, the time corrective action was 
initiated and completed, and the corrective action taken;
    (4) Records and documentation of supporting calculations for 
compliance determinations made under Sec.  63.865(a) through (d);
    (5) Records of parameter operating limits established for each 
affected source or process unit;
    (6) Records certifying that an NDCE recovery furnace equipped with a 
dry ESP system is used to comply with the gaseous organic HAP standard 
in Sec.  63.862(c)(1);
    (7) For the bag leak detection system on the hog fuel dryer fabric 
filter at Cosmo Specialty Fibers' Cosmopolis, Washington facility 
(Emission Unit no. HD-14), records of each alarm, the time of the alarm, 
the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken; 
and
    (8) Records demonstrating compliance with the requirement in Sec.  
63.864(e)(1) to maintain proper operation of an ESP's AVC.
    (d)(1) In the event that an affected unit fails to meet an 
applicable standard, including any emission limit in Sec.  63.862 or any 
opacity or CPMS operating limit in Sec.  63.864, record the number of 
failures. For each failure record the date, start time, and duration of 
each failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, and the following 
information:
    (i) For any failure to meet an emission limit in Sec.  63.862, 
record an estimate of the quantity of each regulated pollutant emitted 
over the emission limit and a description of the method used to estimate 
the emissions.
    (ii) For each failure to meet an operating limit in Sec.  63.864, 
maintain sufficient information to estimate the quantity of each 
regulated pollutant emitted over the emission limit. This information 
must be sufficient to provide a reliable emissions estimate if requested 
by the Administrator.
    (3) Record actions taken to minimize emissions in accordance with 
Sec.  63.860(d) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7718, Feb. 18, 2003; 69 FR 25323, May 6, 2004; 71 FR 20458, Apr. 20, 
2006; 82 FR 47351, Oct. 11, 2017]

[[Page 491]]



Sec.  63.867  Reporting requirements.

    (a) Notifications. (1) The owner or operator of any affected source 
or process unit must submit the applicable notifications from subpart A 
of this part, as specified in Table 1 of this subpart.
    (2) [Reserved]
    (3) In addition to the requirements in subpart A of this part, the 
owner or operator of the hog fuel dryer at Cosmo Specialty Fibers' 
Cosmopolis, Washington, facility (Emission Unit no. HD-14) must include 
analysis and supporting documentation demonstrating conformance with EPA 
guidance and specifications for bag leak detection systems in Sec.  
63.864(e)(12) in the Notification of Compliance Status.
    (b) Additional reporting requirements for HAP metals standards. (1) 
Any owner or operator of a group of process units in a chemical recovery 
system at a mill complying with the PM emissions limits in Sec.  
63.862(a)(1)(ii) must submit the PM emissions limits determined in Sec.  
63.865(a) for each affected kraft or soda recovery furnace, smelt 
dissolving tank, and lime kiln to the Administrator for approval. The 
emissions limits must be submitted as part of the notification of 
compliance status required under subpart A of this part.
    (2) Any owner or operator of a group of process units in a chemical 
recovery system at a mill complying with the PM emissions limits in 
Sec.  63.862(a)(1)(ii) must submit the calculations and supporting 
documentation used in Sec.  63.865(a)(1) and (2) to the Administrator as 
part of the notification of compliance status required under subpart A 
of this part.
    (3) After the Administrator has approved the emissions limits for 
any process unit, the owner or operator of a process unit must notify 
the Administrator before any of the actions in paragraphs (b)(3)(i) 
through (iv) of this section are taken:
    (i) The air pollution control system for any process unit is 
modified or replaced;
    (ii) Any kraft or soda recovery furnace, smelt dissolving tank, or 
lime kiln in a chemical recovery system at a kraft or soda pulp mill 
complying with the PM emissions limits in Sec.  63.862(a)(1)(ii) is shut 
down for more than 60 consecutive days;
    (iii) A continuous monitoring parameter or the value or range of 
values of a continuous monitoring parameter for any process unit is 
changed; or
    (iv) The black liquor solids firing rate for any kraft or soda 
recovery furnace during any 24-hour averaging period is increased by 
more than 10 percent above the level measured during the most recent 
performance test.
    (4) An owner or operator of a group of process units in a chemical 
recovery system at a mill complying with the PM emissions limits in 
Sec.  63.862(a)(1)(ii) and seeking to perform the actions in paragraph 
(b)(3)(i) or (ii) of this section must recalculate the overall PM 
emissions limit for the group of process units and resubmit the 
documentation required in paragraph (b)(2) of this section to the 
Administrator. All modified PM emissions limits are subject to approval 
by the Administrator.
    (c) Excess emissions report. The owner or operator must submit 
semiannual excess emissions reports containing the information specified 
in paragraphs (c)(1) through (5) of this section. The owner or operator 
must submit semiannual excess emission reports and summary reports 
following the procedure specified in paragraph (d)(2) of this section as 
specified in Sec.  63.10(e)(3)(v).
    (1) If the total duration of excess emissions or process control 
system parameter exceedances for the reporting period is less than 1 
percent of the total reporting period operating time, and CMS downtime 
is less than 5 percent of the total reporting period operating time, 
only the summary report is required to be submitted. This report will be 
titled ``Summary Report--Gaseous and Opacity Excess Emissions and 
Continuous Monitoring System Performance'' and must contain the 
information specified in paragraphs (c)(1)(i) through (x) of this 
section.
    (i) The company name and address and name of the affected facility.
    (ii) Beginning and ending dates of the reporting period.
    (iii) An identification of each process unit with the corresponding 
air pollution control device, being included in the semiannual report, 
including the pollutants monitored at each process

[[Page 492]]

unit, and the total operating time for each process unit.
    (iv) An identification of the applicable emission limits, operating 
parameter limits, and averaging times.
    (v) An identification of the monitoring equipment used for each 
process unit and the corresponding model number.
    (vi) Date of the last CMS certification or audit.
    (vii) An emission data summary, including the total duration of 
excess emissions (recorded in minutes for opacity and hours for gases), 
the duration of excess emissions expressed as a percent of operating 
time, the number of averaging periods recorded as excess emissions, and 
reason for the excess emissions (e.g., startup/shutdown, control 
equipment problems, other known reasons, or other unknown reasons).
    (viii) A CMS performance summary, including the total duration of 
CMS downtime during the reporting period (recorded in minutes for 
opacity and hours for gases), the total duration of CMS downtime 
expressed as a percent of the total source operating time during that 
reporting period, and a breakdown of the total CMS downtime during the 
reporting period (e.g., monitoring equipment malfunction, non-monitoring 
equipment malfunction, quality assurance, quality control calibrations, 
other known causes, or other unknown causes).
    (ix) A description of changes to CMS, processes, or controls since 
last reporting period.
    (x) A certification by a certifying official of truth, accuracy and 
completeness. This will state that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
document are true, accurate, and complete.
    (2) [Reserved]
    (3) If measured parameters meet any of the conditions specified in 
Sec.  63.864(k)(1) or (2), the owner or operator of the affected source 
must submit a semiannual report describing the excess emissions that 
occurred. If the total duration of monitoring exceedances for the 
reporting period is 1 percent or greater of the total reporting period 
operating time, or the total CMS downtime for the reporting period is 5 
percent or greater of the total reporting period operating time, or any 
violations according to Sec.  63.864(k)(2) occurred, information from 
both the summary report and the excess emissions and continuous 
monitoring system performance report must be submitted. This report will 
be titled ``Excess Emissions and Continuous Monitoring System 
Performance Report'' and must contain the information specified in 
paragraphs (c)(1)(i) through (x) of this section, in addition to the 
information required in Sec.  63.10(c)(5) through (14), as specified in 
paragraphs (c)(3)(i) through (vi) of this section. Reporting monitoring 
exceedances does not constitute a violation of the applicable standard 
unless the violation criteria in Sec.  63.864(k)(2) and (3) are reached.
    (i) An identification of the date and time identifying each period 
during which the CMS was inoperative except for zero (low-level) and 
high-level checks.
    (ii) An identification of the date and time identifying each period 
during which the CMS was out of control, as defined in Sec.  63.8(c)(7).
    (iii) The specific identification of each period of excess emissions 
and parameter monitoring exceedances as described in paragraphs 
(c)(3)(iii)(A) through (E) of this section.
    (A) For opacity:
    (1) The total number of 6-minute averages in the reporting period 
(excluding process unit downtime).
    (2) [Reserved]
    (3) The number of 6-minute averages in the reporting period that 
exceeded the relevant opacity limit.
    (4) The percent of 6-minute averages in the reporting period that 
exceed the relevant opacity limit.
    (5) An identification of each exceedance by start and end time, 
date, and cause of exceedance (including startup/shutdown, control 
equipment problems, process problems, other known causes, or other 
unknown causes).
    (B) [Reserved]
    (C) For wet scrubber operating parameters:
    (1) The operating limits established during the performance test for 
scrubbing liquid flow rate and pressure drop across the scrubber (or 
alternatively,

[[Page 493]]

fan amperage or RPM if used for smelt dissolving tank scrubbers).
    (2) The number of 3-hour wet scrubber parameter averages below the 
minimum operating limit established during the performance test, if 
applicable.
    (3) An identification of each exceedance by start and end time, 
date, and cause of exceedance (including startup/shutdown, control 
equipment problems, process problems, other known causes, or other 
unknown causes).
    (D) For RTO operating temperature:
    (1) The operating limit established during the performance test.
    (2) The number of 1-hour and 3-hour temperature averages below the 
minimum operating limit established during the performance test.
    (3) An identification of each exceedance by start and end time, 
date, and cause of exceedance including startup/shutdown, control 
equipment problems, process problems, other known causes, or other 
unknown causes).
    (E) For alternative parameters established according to Sec.  
63.864(e)(13) or (14) subject to the requirements of Sec.  63.864(k)(1) 
and (2):
    (1) The type of operating parameters monitored for compliance.
    (2) The operating limits established during the performance test.
    (3) The number of 3-hour parameter averages outside of the operating 
limits established during the performance test.
    (4) An identification of each exceedance by start and end time, 
date, and cause of exceedance including startup/shutdown, control 
equipment problems, process problems, other known causes, or other 
unknown causes).
    (iv) The nature and cause of the event (if known).
    (v) The corrective action taken or preventative measures adopted.
    (vi) The nature of repairs and adjustments to the CMS that was 
inoperative or out of control.
    (4) If a source fails to meet an applicable standard, including any 
emission limit in Sec.  63.862 or any opacity or CPMS operating limit in 
Sec.  63.864, report such events in the semiannual excess emissions 
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, and for any failure to meet an emission limit under Sec.  
63.862, provide an estimate of the quantity of each regulated pollutant 
emitted over the emission limit, and a description of the method used to 
estimate the emissions.
    (5) The owner or operator of an affected source or process unit 
subject to the requirements of this subpart and subpart S of this part 
may combine excess emissions and/or summary reports for the mill.
    (d) Electronic reporting. (1) Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2) required by 
this subpart, the owner or operator must submit the results of the 
performance test following the procedure specified in either paragraph 
(d)(1)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test, the owner or operator must 
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) (https://cdx.epa.gov/).) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site. If the owner or operator claims that some of the 
performance test information being submitted is confidential business 
information (CBI), the owner or operator must 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 disc, 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: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old

[[Page 494]]

Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (d)(1)(i).
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, the owner or operator must submit the results of the performance 
test to the Administrator at the appropriate address listed in Sec.  
63.13 unless the Administrator agrees to or specifies an alternative 
reporting method.
    (2) The owner or operator must submit the notifications required in 
Sec.  63.9(b) and Sec.  63.9(h) (including any information specified in 
Sec.  63.867(b)) and semiannual reports to the EPA via the CEDRI. (CEDRI 
can be accessed through the EPA's CDX (https://cdx.epa.gov).) You must 
upload an electronic copy of each notification in CEDRI beginning with 
any notification specified in this paragraph that is required after 
October 11, 2019. The owner or operator must use the appropriate 
electronic report in CEDRI for this subpart listed on the CEDRI Web site 
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-
emissions-data-reporting-interface-cedri) for semiannual reports. 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 to the 
Administrator at all the appropriate addresses listed in Sec.  63.13. 
Once the form has been available in CEDRI for 1 year, you must begin 
submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted.
    (3) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, and due to a planned or actual outage of either 
the EPA's CEDRI or CDX systems within the period of time beginning 5 
business days prior to the date that the submission is due, you will be 
or are precluded from accessing CEDRI or CDX and submitting a required 
report within the time prescribed, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. You 
must submit notification to the Administrator in writing as soon as 
possible following the date you first knew, or through due diligence 
should have known, that the event may cause or caused a delay in 
reporting. You must provide to the Administrator a written description 
identifying the date, time and length of the outage; a rationale for 
attributing the delay in reporting beyond the regulatory deadline to the 
EPA system outage; describe the measures taken or to be taken to 
minimize the delay in reporting; and identify a date by which you 
propose to report, or if you have already met the reporting requirement 
at the time of the notification, the date you reported. In any 
circumstance, the report must be submitted electronically as soon as 
possible after the outage is resolved. The decision to accept the claim 
of EPA system outage and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.
    (4) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the

[[Page 495]]

event may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7718, Feb. 18, 2003; 68 FR 42605, July 18, 2003; 68 FR 46108, Aug. 5, 
2003; 69 FR 25323, May 6, 2004; 82 FR 47351, Oct. 11, 2017; 85 FR 70494, 
Nov. 5, 2020]



Sec.  63.868  Delegation of authority.

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

[66 FR 3193, Jan. 12, 2001, as amended at 82 FR 47353, Oct. 11, 2017]



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

----------------------------------------------------------------------------------------------------------------
                                        Summary of
  General provisions reference         requirements            Applies to subpart MM            Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................  General applicability  Yes.............................  Additional terms
                                   of the General                                           defined in Sec.
                                   Provisions.                                              63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part,
                                                                                            subpart MM takes
                                                                                            precedence.
63.1(a)(2)-(14).................  General applicability  Yes.............................
                                   of the General
                                   Provisions.
63.1(b)(1)......................  Initial applicability  No..............................  Subpart MM specifies
                                   determination.                                           the applicability in
                                                                                            Sec.   63.860.
63.1(b)(2)......................  Title V operating      Yes.............................  All major affected
                                   permit--see 40 CFR                                       sources are required
                                   part 70.                                                 to obtain a title V
                                                                                            permit.
63.1(b)(3)......................  Record of the          No..............................  All affected sources
                                   applicability                                            are subject to
                                   determination.                                           subpart MM according
                                                                                            to the applicability
                                                                                            definition of
                                                                                            subpart MM.
63.1(c)(1)......................  Applicability of       Yes.............................  Subpart MM clarifies
                                   subpart A of this                                        the applicability of
                                   part after a                                             each paragraph of
                                   relevant standard                                        subpart A of this
                                   has been set.                                            part to sources
                                                                                            subject to subpart
                                                                                            MM.
63.1(c)(2)......................  Title V permit         Yes.............................  All major affected
                                   requirement.                                             sources are required
                                                                                            to obtain a title V
                                                                                            permit. There are no
                                                                                            area sources in the
                                                                                            pulp and paper mill
                                                                                            source category.
63.1(c)(3)......................  [Reserved]...........  No..............................
63.1(c)(4)......................  Requirements for       Yes.............................
                                   existing source that
                                   obtains an extension
                                   of compliance.
63.1(c)(5)......................  Notification           Yes.............................
                                   requirements for an
                                   area source that
                                   increases HAP
                                   emissions to major
                                   source levels.
63.1(c)(6)......................  Reclassification.....  Yes.............................

[[Page 496]]

 
63.1(d).........................  [Reserved]...........  No..............................
63.1(e).........................  Applicability of       Yes.............................
                                   permit program
                                   before a relevant
                                   standard has been
                                   set.
63.2............................  Definitions..........  Yes.............................  Additional terms
                                                                                            defined in Sec.
                                                                                            63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part
                                                                                            occurs, subpart MM
                                                                                            takes precedence.
63.3............................  Units and              Yes.............................
                                   abbreviations.
63.4............................  Prohibited activities  Yes.............................
                                   and circumvention.
63.5(a).........................  Construction and       Yes.............................
                                   reconstruction--appl
                                   icability.
63.5(b)(1)......................  Upon construction,     Yes.............................
                                   relevant standards
                                   for new sources.
63.5(b)(2)......................  [Reserved]...........  No..............................
63.5(b)(3)......................  New construction/      Yes.............................
                                   reconstruction.
63.5(b)(4)......................  Construction/          Yes.............................
                                   reconstruction
                                   notification.
63.5(b)(5)......................  Construction/          Yes.............................
                                   reconstruction
                                   compliance.
63.5(b)(6)......................  Equipment addition or  Yes.............................
                                   process change.
63.5(c).........................  [Reserved]...........  No..............................
63.5(d).........................  Application for        Yes.............................
                                   approval of
                                   construction/
                                   reconstruction.
63.5(e).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval.
63.5(f).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval based on
                                   prior State
                                   preconstruction
                                   review.
63.6(a)(1)......................  Compliance with        Yes.............................
                                   standards and
                                   maintenance
                                   requirements--applic
                                   ability.
63.6(a)(2)......................  Requirements for area  Yes.............................
                                   source that
                                   increases emissions
                                   to become major.
63.6(b).........................  Compliance dates for   Yes.............................
                                   new and
                                   reconstructed
                                   sources.
63.6(c).........................  Compliance dates for   Yes, except for sources granted   Subpart MM
                                   existing sources.      extensions under 63.863(c).       specifically
                                                                                            stipulates the
                                                                                            compliance schedule
                                                                                            for existing
                                                                                            sources.
63.6(d).........................  [Reserved]...........  No..............................
63.6(e)(1)(i)...................  General duty to        No..............................  See Sec.   63.860(d)
                                   minimize emissions.                                      for general duty
                                                                                            requirement.
63.6(e)(1)(ii)..................  Requirement to         No..............................
                                   correct malfunctions
                                   ASAP.
63.6(e)(1)(iii).................  Operation and          Yes.............................
                                   maintenance
                                   requirements
                                   enforceable
                                   independent of
                                   emissions
                                   limitations.
63.6(e)(2)......................  [Reserved]...........  No..............................
63.6(e)(3)......................  Startup, shutdown,     No..............................
                                   and malfunction plan
                                   (SSMP).
63.6(f)(1)......................  Compliance with        No..............................
                                   nonopacity emissions
                                   standards except
                                   during SSM.
63.6(f)(2)-(3)..................  Methods for            Yes.............................
                                   determining
                                   compliance with
                                   nonopacity emissions
                                   standards.
63.6(g).........................  Compliance with        Yes.............................
                                   alternative
                                   nonopacity emissions
                                   standards.
63.6(h)(1)......................  Compliance with        No..............................
                                   opacity and visible
                                   emissions (VE)
                                   standards except
                                   during SSM.

[[Page 497]]

 
63.6(h)(2)-(9)..................  Compliance with        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   standards.                                               or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.6(i).........................  Extension of           Yes.............................
                                   compliance with
                                   emissions standards.
63.6(j).........................  Exemption from         Yes.............................
                                   compliance with
                                   emissions standards.
63.7(a)(1)......................  Performance testing    Yes.............................
                                   requirements--applic
                                   ability.
63.7(a)(2)......................  Performance test       Yes.............................
                                   dates.
63.7(a)(3)......................  Performance test       Yes.............................
                                   requests by
                                   Administrator under
                                   CAA section 114.
63.7(a)(4)......................  Notification of delay  Yes.............................
                                   in performance
                                   testing due to force
                                   majeure.
63.7(b)(1)......................  Notification of        Yes.............................
                                   performance test.
63.7(b)(2)......................  Notification of delay  Yes.............................
                                   in conducting a
                                   scheduled
                                   performance test.
63.7(c).........................  Quality assurance      Yes.............................
                                   program.
63.7(d).........................  Performance testing    Yes.............................
                                   facilities.
63.7(e)(1)......................  Conduct of             No..............................  See Sec.   63.865.
                                   performance tests.
63.7(e)(2)-(3)..................  Conduct of             Yes.............................
                                   performance tests.
63.7(e)(4)......................  Testing under section  Yes.............................
                                   114.
63.7(f).........................  Use of an alternative  Yes.............................
                                   test method.
63.7(g).........................  Data analysis,         Yes.............................
                                   recordkeeping, and
                                   reporting.
63.7(h).........................  Waiver of performance  Yes.............................  Sec.   63.865(c)(1)
                                   tests.                                                   specifies the only
                                                                                            exemption from
                                                                                            performance testing
                                                                                            allowed under
                                                                                            subpart MM.
63.8(a)(1)......................  Monitoring             Yes.............................  See Sec.   63.864.
                                   requirements--applic
                                   ability.
63.8(a)(2)......................  Performance            Yes.............................
                                   Specifications.
63.8(a)(3)......................  [Reserved]...........  No..............................
63.8(a)(4)......................  Monitoring with        No..............................  The use of flares to
                                   flares.                                                  meet the standards
                                                                                            in subpart MM is not
                                                                                            anticipated.
63.8(b)(1)......................  Conduct of monitoring  Yes.............................  See Sec.   63.864.
63.8(b)(2)-(3)..................  Specific requirements  Yes.............................
                                   for installing and
                                   reporting on
                                   monitoring systems.
63.8(c)(1)......................  Operation and          Yes.............................  See Sec.   63.864.
                                   maintenance of CMS.
63.8(c)(1)(i)...................  General duty to        No..............................
                                   minimize emissions
                                   and CMS operation.
63.8(c)(1)(ii)..................  Reporting              Yes.............................
                                   requirements for SSM
                                   when action not
                                   described in SSMP.
63.8(c)(1)(iii).................  Requirement to         No..............................
                                   develop SSM plan for
                                   CMS.
63.8(c)(2)-(3)..................  Monitoring system      Yes.............................
                                   installation.
63.8(c)(4)......................  CMS requirements.....  Yes.............................
63.8(c)(5)......................  Continuous opacity     Yes.............................
                                   monitoring system
                                   (COMS) minimum
                                   procedures.
63.8(c)(6)......................  Zero and high level    Yes.............................
                                   calibration check
                                   requirements.
63.8(c)(7)-(8)..................  Out-of-control         Yes.............................
                                   periods.
63.8(d)(1)-(2)..................  CMS quality control    Yes.............................  See Sec.   63.864.
                                   program.
63.8(d)(3)......................  Written procedures     No..............................  See Sec.   63.864(f).
                                   for CMS.
63.8(e)(1)......................  Performance            Yes.............................
                                   evaluation of CMS.
63.8(e)(2)......................  Notification of        Yes.............................
                                   performance
                                   evaluation.

[[Page 498]]

 
63.8(e)(3)......................  Submission of site-    Yes.............................
                                   specific performance
                                   evaluation test plan.
63.8(e)(4)......................  Conduct of             Yes.............................
                                   performance
                                   evaluation and
                                   performance
                                   evaluation dates.
63.8(e)(5)......................  Reporting performance  Yes.............................
                                   evaluation results.
63.8(f).........................  Use of an alternative  Yes.............................
                                   monitoring method.
63.8(g).........................  Reduction of           Yes.............................
                                   monitoring data.
63.9(a).........................  Notification           Yes.............................
                                   requirements--applic
                                   ability and general
                                   information.
63.9(b).........................  Initial notifications  Yes.............................
63.9(c).........................  Request for extension  Yes.............................
                                   of compliance.
63.9(d).........................  Notification that      Yes.............................
                                   source subject to
                                   special compliance
                                   requirements.
63.9(e).........................  Notification of        Yes.............................
                                   performance test.
63.9(f).........................  Notification of        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.9(g)(1)......................  Additional             Yes.............................
                                   notification
                                   requirements for
                                   sources with CMS.
63.9(g)(2)......................  Notification of        Yes.............................  Subpart MM does not
                                   compliance with                                          contain any opacity
                                   opacity emissions                                        or VE emissions
                                   standard.                                                standards; however,
                                                                                            Sec.   63.864
                                                                                            specifies opacity
                                                                                            monitoring
                                                                                            requirements.
63.9(g)(3)......................  Notification that      Yes.............................
                                   criterion to
                                   continue use of
                                   alternative to
                                   relative accuracy
                                   testing has been
                                   exceeded.
63.9(h).........................  Notification of        Yes.............................
                                   compliance status.
63.9(i).........................  Adjustment to time     Yes.............................
                                   periods or postmark
                                   deadlines for
                                   submittal and review
                                   of required
                                   communications.
63.9(j).........................  Change in information  Yes.............................
                                   already provided.
63.9(k).........................  Electronic reporting   Yes.............................  Only as specified in
                                   procedures.                                              Sec.   63.9(j).
63.10(a)........................  Recordkeeping          Yes.............................  See Sec.   63.866.
                                   requirements--applic
                                   ability and general
                                   information.
63.10(b)(1).....................  Records retention....  Yes.............................
63.10(b)(2)(i)..................  Recordkeeping of       No..............................
                                   occurrence and
                                   duration of startups
                                   and shutdowns.
63.10(b)(2)(ii).................  Recordkeeping of       No..............................  See Sec.   63.866(d)
                                   failures to meet a                                       for recordkeeping of
                                   standard.                                                (1) date, time and
                                                                                            duration; (2)
                                                                                            listing of affected
                                                                                            source or equipment,
                                                                                            and an estimate of
                                                                                            the quantity of each
                                                                                            regulated pollutant
                                                                                            emitted over the
                                                                                            standard; and (3)
                                                                                            actions to minimize
                                                                                            emissions and
                                                                                            correct the failure.
63.10(b)(2)(iii)................  Maintenance records..  Yes.............................
63.10(b)(2)(iv)-(v).............  Actions taken to       No..............................
                                   minimize emissions
                                   during SSM.
63.10(b)(2)(vi).................  Recordkeeping for CMS  Yes.............................
                                   malfunctions.
63.10(b)(2)(vii)-(xiv)..........  Other CMS              Yes.............................
                                   requirements.

[[Page 499]]

 
63.10(b)(3).....................  Records retention for  Yes.............................  Applicability
                                   sources not subject                                      requirements are
                                   to relevant standard.                                    given in Sec.
                                                                                            63.860.
63.10(c)(1)-(14)................  Additional             Yes.............................
                                   recordkeeping
                                   requirements for
                                   sources with CMS.
63.10(c)(15)....................  Use of SSM plan......  No..............................
63.10(d)(1).....................  General reporting      Yes.............................
                                   requirements.
63.10(d)(2).....................  Reporting results of   Yes.............................
                                   performance tests.
63.10(d)(3).....................  Reporting results of   Yes.............................  Subpart MM does not
                                   opacity or VE                                            include any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.10(d)(4).....................  Progress reports.....  Yes.............................
63.10(d)(5)(i)..................  Periodic startup,      No..............................  See Sec.
                                   shutdown, and                                            63.867(c)(3) for
                                   malfunction reports.                                     malfunction
                                                                                            reporting
                                                                                            requirements.
63.10(d)(5)(ii).................  Immediate startup,     No..............................  See Sec.
                                   shutdown, and                                            63.867(c)(3) for
                                   malfunction reports.                                     malfunction
                                                                                            reporting
                                                                                            requirements.
63.10(e)(1).....................  Additional reporting   Yes.............................
                                   requirements for
                                   sources with CMS--
                                   General.
63.10(e)(2).....................  Reporting results of   Yes.............................
                                   CMS performance
                                   evaluations.
63.10(e)(3)(i)-(iv).............  Requirement to submit  No..............................  Sec.   63.867(c)(1)
                                   excess emissions and                                     and (3) require
                                   CMS performance                                          submittal of the
                                   report and/or                                            excess emissions and
                                   summary report and                                       CMS performance
                                   frequency of                                             report and/or
                                   reporting.                                               summary report on a
                                                                                            semiannual basis.
63.10(e)(3)(v)..................  General content and    Yes.............................
                                   submittal dates for
                                   excess emissions and
                                   monitoring system
                                   performance reports.
63.10(e)(3)(vi).................  Specific summary       No..............................  Sec.   63.867(c)(1)
                                   report content.                                          specifies the
                                                                                            summary report
                                                                                            content.
63.10(e)(3)(vii)-(viii).........  Conditions for         No..............................  Sec.   63.867(c)(1)
                                   submitting summary                                       and (3) specify the
                                   report versus                                            conditions for
                                   detailed excess                                          submitting the
                                   emission report.                                         summary report or
                                                                                            detailed excess
                                                                                            emissions and CMS
                                                                                            performance report.
63.10(e)(4).....................  Reporting continuous   Yes.............................
                                   opacity monitoring
                                   system data produced
                                   during a performance
                                   test.
63.10(f)........................  Waiver of              Yes.............................
                                   recordkeeping and
                                   reporting
                                   requirements.
63.11...........................  Control device         No..............................  The use of flares to
                                   requirements for                                         meet the standards
                                   flares.                                                  in subpart MM is not
                                                                                            anticipated.
63.12...........................  State authority and    Yes.............................
                                   delegations.
63.13...........................  Addresses of State     Yes.............................
                                   air pollution
                                   control agencies and
                                   EPA Regional Offices.
63.14...........................  Incorporations by      Yes.............................
                                   reference.
63.15...........................  Availability of        Yes.............................
                                   information and
                                   confidentiality.
63.16...........................  Requirements for       Yes.............................
                                   Performance Track
                                   member facilities.
----------------------------------------------------------------------------------------------------------------


[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 82 
FR 47353, Oct. 11, 2017; 85 FR 73896, Nov. 19, 2020]

[[Page 500]]



Subpart NN_National Emission Standards for Hazardous Air Pollutants for 
              Wool Fiberglass Manufacturing at Area Sources

    Source: 80 FR 45325, July 29, 2015, unless otherwise noted.



Sec.  63.880  Applicability.

    (a) The requirements of this subpart apply to the owner or operator 
of each wool fiberglass manufacturing facility that is an area source or 
is located at a facility that is an area source.
    (b) The requirements of this subpart apply to emissions of chromium 
compounds, as measured according to the methods and procedures in this 
subpart, emitted from each new and existing gas-fired glass-melting 
furnace located at a wool fiberglass manufacturing facility that is an 
area source.
    (c) The provisions of subpart A of this part that apply and those 
that do not apply to this subpart are specified in Table 1 to this 
subpart.
    (d) Gas-fired glass-melting furnaces that are not subject to subpart 
NNN of this part are subject to this subpart.
    (e) Gas-fired glass-melting furnaces using electricity as a 
supplemental energy source are subject to this subpart.



Sec.  63.881  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, or in this section as follows:
    Bag leak detection system means systems that include, but are not 
limited to, devices using triboelectric, light scattering, and other 
effects to monitor relative or absolute particulate matter emissions.
    Gas-fired glass-melting furnace means a unit comprising a refractory 
vessel in which raw materials are charged, melted at high temperature 
using natural gas and other fuels, refined, and conditioned to produce 
molten glass. The unit includes foundations, superstructure and 
retaining walls, raw material charger systems, heat exchangers, exhaust 
system, refractory brick work, fuel supply and electrical boosting 
equipment, integral control systems and instrumentation, and appendages 
for conditioning and distributing molten glass to forming processes. The 
forming apparatus, including flow channels, is not considered part of 
the gas-fired glass-melting furnace. Cold-top electric glass-melting 
furnaces as defined in subpart NNN of this part are not gas-fired glass-
melting furnaces.
    Glass pull rate means the mass of molten glass that is produced by a 
single glass-melting furnace or that is used in the manufacture of wool 
fiberglass at a single manufacturing line in a specified time period.
    Incinerator means an enclosed air pollution control device that uses 
controlled flame combustion to convert combustible materials to 
noncombustible gases. For the purposes of this subpart, the term 
``incinerator'' means ``regenerative thermal oxidizer''.
    Manufacturing line means the manufacturing equipment for the 
production of wool fiberglass that consists of a forming section where 
molten glass is fiberized and a fiberglass mat is formed and which may 
include a curing section where binder resin in the mat is thermally set 
and a cooling section where the mat is cooled.
    New source means any affected source the construction or 
reconstruction of which is commenced after April 15, 2013.
    Wool fiberglass means insulation materials composed of glass fibers 
made from glass produced or melted at the same facility where the 
manufacturing line is located.
    Wool fiberglass manufacturing facility means any facility 
manufacturing wool fiberglass.



Sec.  63.882  Emission standards.

    (a) Emission limits for gas-fired glass-melting furnaces. For each 
existing, new, or reconstructed gas-fired glass-melting furnace, on and 
after the compliance date specified in Sec.  63.887 whichever date is 
earlier, you must not discharge or cause to be discharged into the 
atmosphere emissions in excess of 0.00025 lb of chromium compounds per 
ton of glass pulled (0.25 lb per thousand tons glass pulled).
    (b) Operating limits. On and after the date on which the performance 
test required by Sec. Sec.  63.7 and 63.1384 is completed, you must 
operate all affected

[[Page 501]]

control equipment and processes according to the following requirements.
    (1)(i) You must initiate corrective action within one hour of an 
alarm from a bag leak detection system and complete corrective actions 
in a timely manner according to the procedures in the operations, 
maintenance, and monitoring plan.
    (ii) You must implement a Quality Improvement Plan consistent with 
the compliance assurance monitoring provisions of 40 CFR part 64, 
subpart D when the bag leak detection system alarm is sounded for more 
than 5 percent of the total operating time in a 6-month block reporting 
period.
    (2)(i) You must initiate corrective action within one hour when any 
3-hour block average of the monitored electrostatic precipitator (ESP) 
parameter is outside the limit(s) established during the performance 
test as specified in Sec.  63.884 and complete corrective actions in a 
timely manner according to the procedures in the operations, 
maintenance, and monitoring plan.
    (ii) You must implement a Quality Improvement Plan consistent with 
the compliance assurance monitoring provisions of 40 CFR part 64, 
subpart D when the monitored ESP parameter is outside the limit(s) 
established during the performance test as specified in Sec.  63.884 for 
more than 5 percent of the total operating time in a 6-month block 
reporting period.
    (iii) You must operate the ESP such that the monitored ESP parameter 
is not outside the limit(s) established during the performance test as 
specified in Sec.  63.884 for more than 10 percent of the total 
operating time in a 6-month block reporting period.
    (3)(i) You must initiate corrective action within one hour when any 
3-hour block average value for the monitored parameter(s) for a gas-
fired glass-melting furnace, which uses no add-on controls, is outside 
the limit(s) established during the performance test as specified in 
Sec.  63.884 and complete corrective actions in a timely manner 
according to the procedures in the operations, maintenance, and 
monitoring plan.
    (ii) You must implement a Quality Improvement Plan consistent with 
the compliance assurance monitoring provisions of 40 CFR part 64, 
subpart D when the monitored parameter(s) is outside the limit(s) 
established during the performance test as specified in Sec.  63.884 for 
more than 5 percent of the total operating time in a 6-month block 
reporting period.
    (iii) You must operate a gas-fired glass-melting furnace, which uses 
no add-on technology, such that the monitored parameter(s) is not 
outside the limit(s) established during the performance test as 
specified in Sec.  63.884 for more than 10 percent of the total 
operating time in a 6-month block reporting period.
    (4)(i) You must initiate corrective action within one hour when the 
average glass pull rate of any 4-hour block period for gas-fired glass-
melting furnaces equipped with continuous glass pull rate monitors, or 
daily glass pull rate for glass-melting furnaces not so equipped, 
exceeds the average glass pull rate established during the performance 
test as specified in Sec.  63.884, by greater than 20 percent and 
complete corrective actions in a timely manner according to the 
procedures in the operations, maintenance, and monitoring plan.
    (ii) You must implement a Quality Improvement Plan consistent with 
the compliance assurance monitoring provisions of 40 CFR part 64, 
subpart D when the glass pull rate exceeds, by more than 20 percent, the 
average glass pull rate established during the performance test as 
specified in Sec.  63.884 for more than 5 percent of the total operating 
time in a 6-month block reporting period.
    (iii) You must operate each gas-fired glass-melting furnace such 
that the glass pull rate does not exceed, by more than 20 percent, the 
average glass pull rate established during the most recent successful 
performance test as specified in Sec.  63.884 for more than 10 percent 
of the total operating time in a 6-month block reporting period.
    (5)(i) You must initiate corrective action within one hour when the 
average pH (for a caustic scrubber) or pressure drop (for a venturi 
scrubber) for any 3-hour block period is outside the limits established 
during the performance tests as specified in Sec.  63.884 for each wet 
scrubbing control device and complete corrective actions in a timely 
manner

[[Page 502]]

according to the procedures in the operations, maintenance, and 
monitoring plan.
    (ii) You must implement a Quality Improvement Plan consistent with 
the compliance assurance monitoring provisions of 40 CFR part 64, 
subpart D when any scrubber parameter is outside the limit(s) 
established during the performance test as specified in Sec.  63.884 for 
more than 5 percent of the total operating time in a 6-month block 
reporting period.
    (iii) You must operate each scrubber such that each monitored 
parameter is not outside the limit(s) established during the performance 
test as specified in Sec.  63.884 for more than 10 percent of the total 
operating time in a 6-month block reporting period.



Sec.  63.883  Monitoring requirements.

    You must meet all applicable monitoring requirements contained in 
subpart NNN of this part.



Sec.  63.884  Performance test requirements.

    (a) If you are subject to the provisions of this subpart you must 
conduct a performance test to demonstrate compliance with the applicable 
emission limits in Sec.  63.882. For existing sources, compliance is 
demonstrated when the emission rate of the pollutant is equal to or less 
than each of the applicable emission limits in Sec.  63.882 by July 31, 
2017. For new sources compliance is demonstrated when the emission rate 
of the pollutant is equal to or less than each of the applicable 
emission limits in Sec.  63.882 by January 25, 2016 or 180 days after 
initial startup, whichever is later. You must conduct the performance 
test according to the procedures in subpart A of this part and in this 
section.
    (b) You must meet all applicable performance test requirements 
contained in subpart NNN of this part.



Sec.  63.885  Test methods and procedures.

    (a) You must use the following methods to determine compliance with 
the applicable emission limits:
    (1) Method 1 at 40 CFR part 60, appendix A-1 for the selection of 
the sampling port location and number of sampling ports;
    (2) Method 2 at 40 CFR part 60, appendix A-1 for volumetric flow 
rate;
    (3) Method 3 or 3A (40 CFR part 60, appendix A-2) for oxygen and 
carbon dioxide for diluent measurements needed to correct the 
concentration measurements to a standard basis;
    (4) Method 4 at 40 CFR part 60, appendix A-4 for moisture content of 
the stack gas;
    (5) Method 29 (40 CFR part 60, appendix A-8) for the concentration 
of chromium compounds. Each run must consist of a minimum sample volume 
of two dry standard cubic meters.
    (6) An alternative method, subject to approval by the Administrator.
    (b) Each performance test must consist of three runs. You must use 
the average of the three runs in the applicable equation for determining 
compliance.



Sec.  63.886  Notification, recordkeeping, and reporting requirements.

    You must meet all applicable notification, recordkeeping and 
reporting requirements contained in subpart NNN of this part.



Sec.  63.887  Compliance dates.

    (a) Compliance dates. The owner or operator subject to the 
provisions of this subpart must be in compliance with the requirements 
of this subpart by no later than:
    (1) Except as noted in paragraph (a)(3) of this section, the 
compliance date for an owner or operator of an existing source subject 
to the provisions in this subpart would be July 31, 2017.
    (2) Except as noted in paragraph (a)(3) of this section, the 
compliance date for new and reconstructed sources is upon initial 
startup of a new gas-fired glass-melting furnace or on July 29, 2015, 
whichever is later.
    (3) The compliance date for the provisions related to the electronic 
reporting provisions of Sec.  63.886 is on July 29, 2015.
    (b) Compliance extension. The owner or operator of an existing 
source subject to this subpart may request from the Administrator an 
extension of the compliance date for the emission standards for one 
additional year if such additional period is necessary for the 
installation of controls. You must

[[Page 503]]

submit a request for an extension according to the procedures in Sec.  
63.6(i)(3).



Sec.  63.888  Startups and shutdowns.

    You must meet all applicable startup and shutdown provisions 
contained in subpart NNN of this part.



Sec. Sec.  63.889-63.899  [Reserved]



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

----------------------------------------------------------------------------------------------------------------
    General provisions citation             Requirement         Applies to subpart NN         Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(5).............  Applicability.............  Yes
Sec.   63.1(a)(6).................  ..........................  Yes
Sec.   63.1(a)(7)-(9).............  ..........................  No...................  [Reserved].
Sec.   63.1(a)(10)-(12)...........  ..........................  Yes
Sec.   63.1(b)(1).................  Initial Applicability       Yes
                                     Determination.
Sec.   63.1(b)(2).................  ..........................  No...................  [Reserved].
Sec.   63.1(b)(3).................  ..........................  Yes
Sec.   63.1(c)(1)-(2).............  ..........................  Yes
Sec.   63.1(c)(3)-(4).............  ..........................  No...................  [Reserved].
Sec.   63.1(c)(5)-(e).............  ..........................  Yes
Sec.   63.2.......................  Definitions...............  Yes..................  Additional definitions in
                                                                                        Sec.   63.881.
Sec.   63.3.......................  Units and Abbreviations...  Yes
Sec.   63.4(a)(1)-(2).............  Prohibited Activities.....  Yes
Sec.   63.4(a)(3)-(5).............  ..........................  No...................  [Reserved].
Sec.   63.4(b)-(c)................  ..........................  Yes
Sec.   63.5(a)-(b)(2).............  Construction/               Yes
                                     Reconstruction
                                     Applicability.
Sec.   63.5(b)(3)-(4).............  ..........................  Yes
Sec.   63.5(b)(5).................  ..........................  No...................  [Reserved].
Sec.   63.5(b)(6).................  ..........................  Yes
Sec.   63.5(c)....................  ..........................  No...................  [Reserved].
Sec.   63.5(d)....................  Application for Approval    Yes
                                     of Construction/
                                     Reconstruction.
Sec.   63.5(e)....................  Approval of Construction/   Yes
                                     Reconstruction.
Sec.   63.5(f)....................  Approval of Construction/   Yes
                                     Reconstruction Based on
                                     State Review.
Sec.   63.6(a)-(d)................  Compliance with Standards   Yes
                                     and Maintenance
                                     Requirements.
Sec.   63.6(e)(1)(i)..............  General Duty to Minimize    No...................  See Sec.   63.882 for
                                     Emissions.                                         general duty
                                                                                        requirements.
Sec.   63.6(e)(1)(ii).............  Requirement to Correct      No
                                     Malfunctions As Soon As
                                     Possible.
Sec.   63.6(e)(1)(iii)............  ..........................  Yes
Sec.   63.6(e)(2).................  ..........................  No...................  [Reserved].
Sec.   63.6(e)(3).................  Startup, Shutdown, and      No...................  Startups and shutdowns
                                     Malfunction (SSM) Plan.                            addressed in Sec.
                                                                                        63.888.
Sec.   63.6(f)(1).................  SSM Exemption.............  No
Sec.   63.6(f)(2)-(3).............  Methods for Determining     Yes
                                     Compliance.
Sec.   63.6(g)....................  Use of an Alternative       Yes
                                     Nonopacity Emission.
Sec.   63.6(h)(1).................  SSM Exemption.............  No
Sec.   63.6(h)(2)-(j).............  ..........................  Yes
Sec.   63.7(a)-(d)................  ..........................  Yes..................  Sec.   63.884 has
                                                                                        specific requirements.
Sec.   63.7(e)(1).................  Performance Testing.......  No...................  See Sec.   63.882.
Sec.   63.7(e)(2)-(4).............  ..........................  Yes
Sec.   63.7(f)....................  Alternative Test Method...  Yes
Sec.   63.7(g)(1).................  Data Analysis.............  Yes
Sec.   63.7(g)(2).................  ..........................  No...................  [Reserved].
Sec.   63.7(g)(3).................  ..........................  Yes
Sec.   63.7(h)....................  Waiver of Performance Test  Yes
Sec.   63.8(a)-(b)................  Monitoring Requirements...  Yes
Sec.   63.8(c)(1)(i)..............  General Duty to Minimize    No...................  See Sec.   63.882(b) for
                                     Emissions and CMS                                  general duty
                                     Operation.                                         requirement.
Sec.   63.8(c)(1)(ii).............  ..........................  Yes
Sec.   63.8(c)(1)(iii)............  Requirement to Develop SSM  No
                                     Plan for CMS.
Sec.   63.8(c)(2)-(d)(2)..........  ..........................  Yes

[[Page 504]]

 
Sec.   63.8(d)(3).................  Written Procedures for CMS  Yes, except for last
                                                                 sentence, which
                                                                 refers to SSM plan.
                                                                 SSM plans are not
                                                                 required
Sec.   63.8(e)-(g)................  ..........................  Yes
Sec.   63.9(a)....................  Notification Requirements.  Yes
Sec.   63.9(b)(1)-(2).............  Initial Notifications.....  Yes
Sec.   63.9(b)(3).................  ..........................  No...................  [Reserved].
Sec.   63.9(b)(4)-(5).............  ..........................  Yes
Sec.   63.9(c)-(j)................  ..........................  Yes
Sec.   63.10(a)...................  Recordkeeping and           Yes
                                     Reporting-Requirements.
Sec.   63.10(b)(1)................  General Recordkeeping       Yes
                                     Requirements.
Sec.   63.10(b)(2)(i).............  Recordkeeping of            No
                                     Occurrence and Duration
                                     of Startups and Shutdowns.
Sec.   63.10(b)(2)(ii)............  Recordkeeping of            No...................  See Sec.   63.886 for
                                     Malfunctions.                                      recordkeeping of
                                                                                        occurrence and duration
                                                                                        of malfunctions and
                                                                                        recordkeeping of actions
                                                                                        taken during
                                                                                        malfunction.
Sec.   63.10(b)(2)(iii)...........  Maintenance Records.......  Yes
Sec.   63.10(b)(2)(iv)-(v)........  Actions Taken to Minimize   No
                                     Emissions During SSM.
Sec.   63.10(b)(2)(vi)............  Recordkeeping for CMS       Yes
                                     Malfunctions.
Sec.   63.10(b)(2)(vii)-(xiv).....  Other CMS Requirements....  Yes
Sec.   63.10(b)(3)................  Recordkeeping Requirement   Yes
                                     for Applicability
                                     Determinations.
Sec.   63.10(c)(1)-(6)............  Additional Recordkeeping    Yes
                                     Requirements for Sources
                                     with CMS.
Sec.   63.10(c)(7)-(8)............  Additional Recordkeeping    Yes
                                     Requirements for CMS--
                                     Identifying Exceedances
                                     and Excess Emissions.
Sec.   63.10(c)(9)................  ..........................  No...................  [Reserved].
Sec.   63.10(c)(10)-(11)..........  ..........................  No...................  See Sec.   63.886 for
                                                                                        recordkeeping of
                                                                                        malfunctions.
Sec.   63.10(c)(12)-(14)..........  ..........................  Yes
Sec.   63.10(c)(15)...............  Use of SSM Plan...........  No
Sec.   63.10(d)(1)-(4)............  General Reporting           Yes
                                     Requirements.
Sec.   63.10(d)(5)................  SSM Reports...............  No...................  See Sec.   63.886(c)(2)
                                                                                        for reporting of
                                                                                        malfunctions.
Sec.   63.10(e)-(f)...............  Additional CMS Reports      Yes
                                     Excess Emission/CMS
                                     Performance Reports COMS
                                     Data Reports
                                     Recordkeeping/Reporting
                                     Waiver.
Sec.   63.11(a)-(b)...............  Control Device              No...................  Flares will not be used
                                     Requirements                                       to comply with the
                                     Applicability Flares.                              emissions limits.
Sec.   63.11(c)...................  Alternative Work Practice   Yes
                                     for Monitoring Equipment
                                     for Leaks.
Sec.   63.11(d)...................  Alternative Work Practice   Yes
                                     Standard.
Sec.   63.11(e)...................  Alternative Work Practice   Yes
                                     Requirements.
Sec.   63.12......................  State Authority and         Yes
                                     Delegations.
Sec.   63.13......................  Addresses.................  Yes
Sec.   63.14......................  Incorporation by Reference  Yes
Sec.   63.15......................  Information Availability/   Yes
                                     Confidentiality.
Sec.   63.16......................  Performance Track           Yes
                                     Provisions.
----------------------------------------------------------------------------------------------------------------



        Subpart OO_National Emission Standards for Tanks_Level 1

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



Sec.  63.900  Applicability.

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

[[Page 505]]

subpart except as noted in the subpart that references this subpart.



Sec.  63.901  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed position, 
prevents or reduces air emissions to the atmosphere by blocking an 
opening in a fixed roof. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Fixed roof means a cover that is mounted on a tank in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the tank.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.905(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38985, July 20, 1999]



Sec.  63.902  Standards--Tank fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a tank using a fixed roof. 
This section does not apply to a fixed-roof tank that is also equipped 
with an internal floating roof.
    (b) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank. The fixed roof may be a separate cover installed on the tank 
(e.g., a removable cover mounted on an open-top tank) or may be an 
integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (3) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
    (i) equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the

[[Page 506]]

closure device or between the perimeter of the opening and the closure 
device; or
    (ii) connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever regulated material is managed in 
the tank.
    (4) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability, the 
effects of any contact with the liquid or its vapors managed in the 
tank; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the tank on which the fixed roof is 
installed.
    (c) Whenever a regulated-material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample the liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (ii) To remove accumulated sludge or other residues from the bottom 
of tank.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the tank internal pressure in accordance with the tank 
design specifications. The device shall be designed to operate with no 
detectable organic emissions when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the tank 
internal pressure is within the internal pressure operating range 
determined by the owner or operator based on the tank manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials. Examples of normal operating conditions that may 
require these devices to open are during those times when the container 
internal pressure exceeds the internal pressure operating range for the 
tank as a result of loading operations or diurnal ambient temperature 
fluctuations.
    (3) Opening of a safety device, as defined in Sec.  63.901 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec.  
63.906(a) of this subpart.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



Sec. Sec.  63.903-63.904  [Reserved]



Sec.  63.905  Test methods and procedures.

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

[[Page 507]]

    (2) The test shall be performed when the unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the materials expected to be managed in the unit. 
During the test, the cover and closure devices shall be secured in the 
closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the material placed 
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38986, July 20, 1999]



Sec.  63.906  Inspection and monitoring requirements.

    (a) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec.  63.902 of this subpart shall 
meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the

[[Page 508]]

owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the roof sections or between the roof and the tank 
wall; broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices.
    (2) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (d) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.907 (a) of 
this subpart.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the tank and no alternative tank 
capacity is available at the site to accept the regulated material 
normally managed in the tank. In this case, the owner or operator shall 
repair the defect the next time alternative tank capacity becomes 
available and the tank can be emptied or temporarily removed from 
service, as necessary to complete the repair.
    (c) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.907(b) 
of this subpart.
    (d) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a fixed roof in accordance with 
this section, subsequent inspection and monitoring of the equipment may 
be performed at intervals longer than 1 year when an owner or operator 
determines that performing the required inspection or monitoring 
procedures would expose a worker to dangerous, hazardous, or otherwise 
unsafe conditions and the owner or operator complies with the 
requirements specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



Sec.  63.907  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain a record for 
each tank that includes the following information:
    (1) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (2) A description of the tank dimensions and the tank design 
capacity.
    (3) The date that each inspection required by Sec.  63.906 of this 
subpart is performed.
    (b) The owner or operator shall record the following information for 
each defect detected during inspections

[[Page 509]]

required by Sec.  63.906 of this subpart: the location of the defect, a 
description of the defect, the date of detection, and corrective action 
taken to repair the defect. In the event that repair of the defect is 
delayed in accordance with the provisions of Sec.  63.907(b)(2) of this 
section, the owner or operator shall also record the reason for the 
delay and the date that completion of repair of the defect is expected.



Sec.  63.908  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.900 and 63.902.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]



          Subpart PP_National Emission Standards for Containers

    Source: 61 FR 34186, July 1, 1996, unless otherwise noted.



Sec.  63.920  Applicability.

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



Sec.  63.921  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Container means a portable unit in which a material can be stored, 
transported, treated, disposed of, or otherwise handled. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes,'' cargo tank trucks, and tank railcars.
    Closure device means a cover, cap, hatch, lid, plug, seal, valve, or 
other type of fitting that prevents or reduces air emissions to the 
atmosphere by blocking an opening in a container or its cover when the 
device is secured in the closed position. Closure devices include 
devices that are detachable from the container (e.g., a drum head, a 
threaded plug), manually operated (e.g., a hinged dumpster lid, a truck 
tank hatch), or automatically operated (e.g., a spring loaded pressure 
relief valve).
    Empty container means a container for which either of the following 
conditions exists: the container meets the

[[Page 510]]

conditions for an empty container specified in 40 CFR 261.7(b); or all 
regulated-material has been removed from the container except for any 
regulated-material that remains on the interior surfaces of the 
container as clingage or in pools on the container bottom due to 
irregularities in the container.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.925(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



Sec.  63.922  Standards--Container Level 1 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 1 controls.
    (b) A container using Container Level 1 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a bulk 
cargo container equipped with a screw-type cap).
    (3) An open-top container in which an organic vapor-suppressing 
barrier is placed on or over the regulated-material in the container 
such that no regulated-material is exposed to the atmosphere. One 
example of such a barrier is application of a suitable organic-vapor 
suppressing foam.
    (c) A container used to meet the requirements of either paragraph 
(b)(2) or (b)(3) of this section shall be equipped with covers and 
closure devices, as applicable to the container, that are composed of 
suitable materials to minimize exposure of the regulated-material to the 
atmosphere and to maintain the equipment integrity for as long as it is 
in service. Factors to be considered when selecting the materials for 
and designing the cover and closure devices shall include: organic vapor 
permeability, the effects of contact with the material or its vapor 
managed in the container; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for container 
on which the cover is installed.
    (d) Whenever a regulated-material is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices

[[Page 511]]

for the container, and secure and maintain each closure device in the 
closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either: the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaves the immediate vicinity of the container; or the 
shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec.  63.921 of this subpart may be open 
to the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec.  63.921 of this 
subpart, the owner or operator shall promptly secure the closure devices 
in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 
minutes, or the person performing the unloading operation leaves the 
immediate vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the container internal pressure in accordance with the 
container design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the container internal pressure is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the container internal pressure exceeds the internal pressure 
operating range for the container as a result of loading operations or 
diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec.  63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level

[[Page 512]]

1 controls in accordance with the procedures specified in Sec.  
63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).



Sec.  63.923  Standards--Container Level 2 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 2 controls.
    (b) A container using Container Level 2 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container that has been demonstrated to operate with no 
detectable organic emissions as defined in Sec.  63.921 of this subpart.
    (3) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using Method 27 in appendix A of 40 CFR part 
60 in accordance with the procedure specified in Sec.  63.925(b) of this 
subpart.
    (c) Transfer of regulated-material in to or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the regulated-material to the atmosphere, to the 
extent practical, considering the physical properties of the regulated-
material and good engineering and safety practices for handling 
flammable, ignitable, explosive, or other hazardous materials. Examples 
of container loading procedures that meet the requirements of this 
paragraph include using any one of the following: a submerged-fill pipe 
or other submerged-fill method to load liquids into the container; a 
vapor-balancing system or a vapor-recovery system to collect and control 
the vapors displaced from the container during filling operations; or a 
fitted opening in the top of a container through which the regulated-
material is filled, with subsequent purging of the transfer line before 
removing it from the container opening.
    (d) Whenever a regulated-material is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled

[[Page 513]]

to the intended final level, the completion of a batch loading after 
which no additional material will be added to the container within 15 
minutes, the person performing the loading operation leaves the 
immediate vicinity of the container, or the shutdown of the process 
generating the material being added to the container, whichever 
condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec.  63.921 of this subpart may be open 
to the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec.  63.921 of this 
subpart, the owner or operator shall promptly secure the closure devices 
in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 minutes 
or the person performing the unloading operation leaves the immediate 
vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the container internal pressure in accordance with the 
container design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the container internal pressure is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, combustible, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the container internal pressure exceeds the internal pressure 
operating range for the container as a result of loading operations or 
diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec.  63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level 2 controls in accordance with the procedures specified in Sec.  
63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training

[[Page 514]]

Requirements; 49 CFR part 173--Shippers--General Requirements for 
Shipments and Packaging; and 49 CFR part 180--Continuing Qualification 
and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).



Sec.  63.924  Standards--Container Level 3 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 3 controls.
    (b) A container using Container Level 3 controls is one of the 
following:
    (1) A container that is vented directly through a closed-vent system 
to a control device in accordance with the requirements of paragraphs 
(c)(2) of this section.
    (2) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in accordance 
with the requirements of paragraphs (c)(1) and (c)(2) of this section.
    (c) The owner or operator shall meet the following requirements as 
applicable to the type of air emission control equipment selected by the 
owner or operator:
    (1) The enclosure shall be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
containers through the enclosure by conveyor or other mechanical means; 
entry of permanent mechanical or electrical equipment; or to direct 
airflow into the enclosure. The owner or operator shall perform the 
verification procedure for the enclosure as specified in Section 5.0 to 
``Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  63.693.
    (d) Safety devices, as defined in Sec.  63.921 of this subpart, may 
be installed and operated as necessary on any container, enclosure, 
closed-vent system, or control device used to comply with this section.

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



Sec.  63.925  Test methods and procedures.

    (a) Procedures for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the materials expected to be managed in the unit. 
During the test, the cover and closure devices shall be secured in the 
closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the material placed 
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in

[[Page 515]]

Method 21 of 40 CFR part 60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) Procedure for determining a container to be vapor-tight for the 
purpose of complying with this subpart.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision 
of 2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



Sec.  63.926  Inspection and monitoring requirements.

    (a) Owners and operators of containers using either Container Level 
1 or Container Level 2 controls in accordance with the provisions of 
Sec.  63.922 and Sec.  63.923 of this subpart, respectively, shall 
inspect the container and its cover and closure devices as follows:

[[Page 516]]

    (1) In the case when a regulated-material already is in the 
container at the time the owner or operator first accepts possession of 
the container at the facility site and the container is not emptied 
(i.e., does not meet the conditions for an empty container as defined in 
Sec.  63.921 of this subpart) within 24 hours after the container has 
been accepted at the facility site, the container and its cover and 
closure devices shall be visually inspected by the owner or operator to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. This inspection of the container must be 
conducted on or before the date that the container is accepted at the 
facility (i.e., the date that the container becomes subject to the 
standards under this subpart). For the purpose of this requirement, the 
date of acceptance is the date of signature of the facility owner or 
operator on the manifest or shipping papers accompanying the container. 
If a defect is detected, the owner or operator shall repair the defect 
in accordance with the requirements of paragraph (a)(3) of this section.
    (2) In the case when a container filled or partially filled with 
regulated-material remains unopened at the facility site for a period of 
1 year or more, the container and its cover and closure devices shall be 
visually inspected by the owner or operator initially and thereafter, at 
least once every calendar year, to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. If a 
defect is detected, the owner or operator shall repair the defect in 
accordance with the requirements of paragraph (a)(3) of this section.
    (3) When a defect is detected for the container, cover, or closure 
devices, the owner or operator must either empty the regulated-material 
from the defective container in accordance with paragraph (a)(3)(i) of 
this section or repair the defective container in accordance with 
paragraph (a)(3)(ii) of this section.
    (i) If the owner or operator elects to empty the regulated-material 
from the defective container, the owner or operator must remove the 
regulated-material from the defective container to meet the conditions 
for an empty container (as defined in Sec.  63.921 of this subpart) and 
transfer the removed regulated-material to either a container that meets 
the applicable standards under this subpart or to a tank, process, or 
treatment unit that meets the applicable standards under the subpart 
referencing this subpart. Transfer of the regulated-material must be 
completed no later than 5 calendar days after detection of the defect. 
The emptied defective container must be either repaired, destroyed, or 
used for purposes other than management of regulated-material.
    (ii) If the owner or operator elects not to empty the regulated-
material from the defective container, the owner or operator must repair 
the defective container. First efforts at repair of the defect must be 
made no later than 24 hours after detection and repair must be completed 
as soon as possible but no later than 5 calendar days after detection. 
If repair of a defect cannot be completed within 5 calendar days, then 
the regulated-material must be emptied from the container and the 
container must not be used to manage regulated-material until the defect 
is repaired.
    (b) Owners and operators using Container Level 3 controls in 
accordance with the provisions of Sec.  63.924 of this subpart shall 
inspect and monitor the closed-vent systems and control devices in 
accordance with the requirements of Sec.  63.693 in 40 CFR part 63, 
Subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



Sec.  63.927  Recordkeeping requirements.

    (a) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec.  63.924 of this subpart shall 
prepare and maintain the following records:
    (1) Records for the most recent set of calculations and measurements 
performed by the owner or operator to

[[Page 517]]

verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 
appendix B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of Sec.  63.693 in 40 CFR part 63, 
Subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.
    (b) [Reserved]



Sec.  63.928  Reporting requirements.

    (a) For owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec.  63.924 of this subpart, the 
owner or operator shall prepare and submit to the Administrator the 
reports required for closed-vent systems and control devices in 
accordance with the requirements of Sec.  63.693 in 40 CFR part 63, 
Subpart DD--National Emission Standards for Hazardous Air Pollutant 
Standards from Off-Site Waste and Recovery Operations.
    (b) [Reserved]



Sec.  63.929  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



     Subpart QQ_National Emission Standards for Surface Impoundments

    Source: 61 FR 34190, July 1, 1996, unless otherwise noted.



Sec.  63.940  Applicability.

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



Sec.  63.941  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air emissions to the atmosphere 
by blocking an

[[Page 518]]

opening in a surface impoundment cover when the device is secured in the 
closed position. Closure devices include devices that are detachable 
from the cover (e.g., a sampling port cap), manually operated (e.g., a 
hinged access lid or hatch), or automatically operated (e.g., a spring 
loaded pressure relief valve).
    Cover means a device or system that provides a continuous barrier 
over the material managed in a surface impoundment to prevent or reduce 
air pollutant emissions to the atmosphere. A cover may have openings 
needed for operation, inspection, sampling, maintenance, and repair of 
the surface impoundment provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). Examples of a cover for a 
surface impoundment include, but are not limited to, a floating membrane 
cover placed on the surface of the material in the surface impoundment 
or an air-supported structure installed over the surface impoundment.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.944(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



Sec.  63.942  Standards--Surface impoundment floating membrane cover.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using a 
floating membrane cover.
    (b) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (1) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations, and form a continuous barrier 
over the entire surface area of the liquid.
    (2) The cover shall be fabricated from a synthetic membrane material 
that is either:
    (i) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (ii) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (b)(2)(i) of this section; and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (3) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or

[[Page 519]]

between the interface of the cover edge and its foundation mountings.
    (4) Except as provided for in paragraph (b)(5) of this section, each 
opening in the floating membrane cover shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
cover opening and the closure device.
    (5) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (6) The closure devices shall be made of suitable materials that 
will minimize exposure of the regulated-material to the atmosphere, to 
the extent practical, and will maintain the integrity of the equipment 
throughout its intended service life. Factors to be considered when 
selecting the materials for and designing the cover and closure devices 
shall include: organic vapor permeability; the effects of any contact 
with the liquid and its vapor managed in the surface impoundment; the 
effects of outdoor exposure to wind, moisture, and sunlight; and the 
operating practices used for the surface impoundment on which the 
floating membrane cover is installed.
    (c) Whenever a regulated-material is in the surface impoundment, the 
floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (1) Opening of closure devices or removal of the cover is allowed at 
the following times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in the vapor headspace underneath the cover in 
accordance with the cover design specifications. The device shall be 
designed to operate with no detectable organic emissions as defined in 
Sec.  63.941 of this subpart when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the cover 
vapor headspace pressure is within the pressure operating range 
determined by the owner or operator based on the cover manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitible, explosive, reactive, or 
hazardous materials.
    (3) Opening of a safety device, as defined in Sec.  63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating membrane cover 
in accordance with the procedures specified in Sec.  63.946(a) of this 
subpart.



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

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using a 
cover and venting the vapor headspace underneath the cover through a 
closed-vent system to a control device.
    (b) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous

[[Page 520]]

barrier over the entire surface area of the liquid in the surface 
impoundment.
    (2) Each opening in the cover not vented to the control device shall 
be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec.  63.945(a) of this subpart.
    (3) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the liquid or its vapors managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the cover is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface impoundment, 
or when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the surface impoundment.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a safety device, as defined in Sec.  63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in Sec.  
63.946(b) of this subpart.



Sec.  63.944  [Reserved]



Sec.  63.945  Test methods and procedures.

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

[[Page 521]]

and closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the material placed 
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38988, July 20, 1999]



Sec.  63.946  Inspection and monitoring requirements.

    (a) Owners and operators that use a surface impoundment equipped 
with a floating membrane cover in accordance with the provisions of 
Sec.  63.942 of this subpart shall meet the following requirements:
    (1) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or

[[Page 522]]

gaps in the cover section seams or between the interface of the cover 
edge and its foundation mountings; broken, cracked, or otherwise damaged 
seals or gaskets on closure devices; and broken or missing hatches, 
access covers, caps, or other closure devices.
    (2) The owner or operator must perform an initial inspection 
following installation of the floating membrane cover. Thereafter, the 
owner or operator must perform the inspections at least once per 
calendar year except as provided for in paragraph (d) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.947(a)(2) of 
this subpart.
    (b) Owners and operators that use a surface impoundment equipped 
with a cover and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec.  63.943 of this subpart shall 
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the cover in 
accordance with the following requirements:
    (i) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the roof sections or between the interface of the roof 
edge and its foundation mountings; broken, cracked, or otherwise damaged 
seals or gaskets on closure devices; and broken or missing hatches, 
access covers, caps, or other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the cover. Thereafter, the owner or operator 
must perform the inspections at least once per calendar year except as 
provide for in paragraph (d) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.947(a)(2) of 
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec.  63.693 in 40 CFR part 63 subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    (c) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (c)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the surface impoundment and no 
alternative surface impoundment or tank capacity is available at the 
site to accept the regulated-material normally managed in the surface 
impoundment. In this case, the owner or operator shall repair the defect 
at the next time the process or unit that is generating the regulated-
material managed in the surface impoundment stops operation. Repair of 
the defect shall be completed before the process or unit resumes 
operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.947 of 
this subpart.
    (d) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in

[[Page 523]]

paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



Sec.  63.947  Recordkeeping requirements.

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



Sec.  63.948  Reporting requirements.

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



Sec.  63.949  Implementation and enforcement.

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

[[Page 524]]

    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.940, 63.942, and 63.943. Where these standards reference subpart DD, 
the cited provisions will be delegated according to the delegation 
provisions of subpart DD.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37355, June 23, 2003]



   Subpart RR_National Emission Standards for Individual Drain Systems

    Source: 61 FR 34193, July 1, 1996, unless otherwise noted.



Sec.  63.960  Applicability.

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



Sec.  63.961  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, cover, hatch, lid, plug, seal, valve, or 
other type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening to the individual drain system. Closure devices 
include devices that are detachable (e.g., a plug or manhole cover), 
manually operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards (e.g., ANSI B31-3) and 
good engineering practices.
    Individual drain system means a stationary system used to convey 
regulated-material to a waste management unit or to discharge or 
disposal. The term includes hard-piping, all drains and junction boxes, 
together with their associated sewer lines and other junction boxes 
(e.g., manholes, sumps, and lift stations) conveying regulated-material. 
For the purpose of this subpart, an individual drain system is not a 
drain and collection system that is designed and operated for the sole 
purpose of collecting rainfall runoff (e.g., stormwater sewer system) 
and is segregated from all other individual drain systems.
    Junction box means a sump, manhole, or access point to a sewer line 
or a lift station.
    Regulated-material means the wastewater streams, residuals, and any 
other materials specified by the referencing subpart to be managed in 
accordance with the standards under this subpart.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit used to convey regulated-material to a downstream waste 
management unit. Sewer lines include pipes, grates, and trenches.
    Waste management unit means the equipment, structure, or device used 
to convey, store, treat, or dispose of regulated-material. Examples of 
waste management units include: wastewater tanks, surface impoundments, 
individual drain systems, and biological wastewater treatment units. 
Examples

[[Page 525]]

of equipment that may be waste management units include containers, air 
flotation units, oil-water separators or organic-water separators, or 
organic removal devices such as decanters, strippers, or thin-film 
evaporation units.
    Water seal means a seal pot, p-leg trap, or other type of trap 
filled with water (e.g., flooded sewers that maintain liquid levels 
adequate to prevent air flow through the system) that creates a liquid 
barrier between the sewer line and the atmosphere. The liquid level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



Sec.  63.962  Standards.

    (a) The owner or operator subject to this subpart shall control air 
emissions from the individual drain system using one or a combination of 
the following:
    (1) Covers, water seals, and other air emission control equipment as 
specified in paragraph (b) of this section.
    (2) Hard-piping.
    (3) Venting of the individual drain system through a closed vent 
system to a control device in accordance with the following 
requirements:
    (i) The individual drain system is designed and operated such that 
an internal pressure in the vapor headspace in the system is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated in accordance with the requirements of Sec.  63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (b) Owners and operators controlling air emissions from an 
individual drain system in accordance with paragraph (a)(1) of this 
section shall meet the following requirements:
    (1) The individual drain system shall be designed to segregate the 
organic vapors from regulated material managed in the controlled 
individual drain system from entering any other individual drain system 
that is not controlled for air emissions in accordance with the 
standards specified in this subpart.
    (2) Drain control requirements. Each drain shall be equipped with 
either a water seal or a closure device in accordance with the following 
requirements:
    (i) When a water seal is used, the water seal shall be designed such 
that either:
    (A) The outlet to the pipe discharging the regulated-material 
extends below the liquid surface in the water seal of the drain; or
    (B) A flexible shield or other device is installed which restricts 
wind motion across the open space between the outlet of the pipe 
discharging the regulated material and the drain.
    (ii) When a closure device is used (e.g., securing a cap or plug on 
a drain that is not receiving regulated-material), the closure device 
shall be designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, gaps, 
or other open spaces in the closure device or between the perimeter of 
the drain opening and the closure device.
    (3) Junction box control requirements. Each junction box shall be 
equipped with controls as follows:
    (i) The junction box shall be equipped with a closure device (e.g., 
manhole cover, access hatch) that is designed to operate such that when 
the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the junction box opening and the closure 
device.
    (ii) If the junction box is vented, the junction box shall be vented 
in accordance with the following requirements:
    (A) The junction box shall be vented through a closed vent system to 
a control device except as provided for in paragraph (b)(3)(ii)(B) of 
this section. The closed vent system and control device shall be 
designed and operated in accordance with the standards specified in 
Sec.  63.693.
    (B) As an alternative to paragraph (b)(3)(ii)(A) of this section, 
the owner or operator may vent the junction box directly to the 
atmosphere when all of the following conditions are met:

[[Page 526]]

    (1) The junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level. Large changes in the size of the junction box vapor 
headspace created by using a pump to repeatedly empty and then refill 
the junction box do not meet this condition.
    (2) The vent pipe installed on the junction box shall be at least 90 
centimeters in length and no greater than 10 centimeters in nominal 
inside diameter.
    (3) Water seals are installed at the liquid entrance(s) to or exit 
from the junction box to restrict ventilation in the individual drain 
system and between components in the individual drain system. The owner 
or operator shall demonstrate (e.g., by visual inspection or smoke test) 
upon request by the Administrator that the junction box water seal is 
properly designed and restricts ventilation.
    (4) Sewer line control requirements. Each sewer line shall not be 
open to the atmosphere and shall be covered or closed in a manner such 
that there are no visible cracks, holes, gaps, or other open spaces in 
the sewer line joints, seals, or other emission interfaces.
    (5) Operating requirements. The owner or operator shall operate the 
air emission controls required by paragraphs (b)(2) through (b)(4) of 
this section in accordance with the following requirements:
    (i) Each closure device shall be maintained in a closed position 
whenever regulated-material is in the individual drain system except 
when it is necessary to remove or open the closure device for sampling 
or removing material in the individual drain system, or for equipment 
inspection, maintenance, or repair.
    (ii) Each drain equipped with a water seal and open to the 
atmosphere shall be operated to ensure that the liquid in the water seal 
is maintained at the appropriate level. Examples of acceptable means for 
complying with this provision include but are not limited to using a 
flow-monitoring device indicating positive flow from a main to a branch 
water line supplying a trap; continuously dripping water into the trap 
using a hose; or regular visual observations.
    (iii) Each closed-vent system and the control device used to comply 
with paragraph (b)(3)(ii)(A) of this section shall be operated in 
accordance with the standards specified in 40 CFR 63.693.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999; 66 
FR 1267, Jan. 8, 2001]



Sec.  63.963  [Reserved]



Sec.  63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system 
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the 
owner or operator as follows to check for defects that could result in 
air emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as 
follows:
    (A) In the case when the drain is using a water seal to control air 
emissions, the owner or operator shall verify appropriate liquid levels 
are being maintained and identify any other defects that could reduce 
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control 
air emissions, the owner or operator shall visually inspect each drain 
to verify that the closure device is in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing plugs, caps, or other 
closure devices.
    (ii) The owner or operator shall visually inspect each junction box 
to verify that closure devices are in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied 
portion of

[[Page 527]]

each sewer line to verify that all closure devices are in place and 
there are no defects. Defects include, but are not limited to, visible 
cracks, holes, gaps, or other open spaces in the sewer line joints, 
seals, or other emission interfaces.
    (iv) The owner or operator shall perform the inspections initially 
at the time of installation of the water seals and closure devices for 
the individual drain system and, thereafter, at least once every year.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b) of this section.
    (vi) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.965(a) of this 
subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec.  63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 15 calendar days after 
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 15 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the individual drain system and no 
alternative capacity is available at the facility site to accept the 
regulated-material normally managed in the individual drain system. In 
this case, the owner or operator shall repair the defect the next time 
the process or unit that is generating the regulated-material managed in 
the individual drain system stops operation. Repair of the defect shall 
be completed before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  
63.965(a)(3) of this subpart.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999]



Sec.  63.965  Recordkeeping requirements.

    (a) Each owner or operator complying with Sec.  63.962(a)(1) of this 
subpart shall prepare and maintain the following records:
    (1) A written site-specific individual drain system inspection plan 
that includes a drawing or schematic of the individual drain system and 
identifies each drain, junction box, and sewer line location.
    (2) A record of the date that each inspection required by Sec.  
63.964(a) of this subpart is performed.
    (3) When applicable, a record for each defect detected during 
inspections required by Sec.  63.964(a) of this subpart that includes 
the following information: the location of the defect, a description of 
the defect, the date of detection, the corrective action taken to repair 
the defect, and the date that the corrective action was completed. In 
the event that repair of the defect is delayed in accordance with the 
provisions of Sec.  63.964(b)(2) of this section, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (b) Owners and operators that use a closed-vent system and a control 
device in accordance with the provisions of Sec.  63.962 shall prepare 
and maintain the records required for the closed-vent system and control 
device in accordance with the requirements of Sec.  63.693.

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



Sec.  63.966  Reporting requirements.

    Owners and operators that use a closed-vent system and a control 
device in accordance with the provisions of Sec.  63.962 shall prepare 
and submit to the Administrator the reports required for closed-vent 
systems and control devices in accordance with the requirements of Sec.  
63.693.

[66 FR 1267, Jan. 8, 2001]

[[Page 528]]



Sec.  63.967  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



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

    Source: 64 FR 34866, June 29, 1999, unless otherwise noted.



Sec.  63.980  Applicability.

    The provisions of this subpart include requirements for closed vent 
systems, control devices and routing of air emissions to a fuel gas 
system or process. These provisions apply when another subpart 
references the use of this subpart for such air emission control. These 
air emission standards are placed here for administrative convenience 
and only apply to those owners and operators of facilities subject to a 
referencing subpart. The provisions of 40 CFR part 63, subpart A 
(General Provisions) do not apply to this subpart except as specified in 
a referencing subpart.



Sec.  63.981  Definitions.

    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a reference test or equivalent method, 
and that has been demonstrated to the Administrator's satisfaction, 
using Method 301 in appendix A of this part 63, or previously approved 
by the Administrator prior to the promulgation date of standards for an 
affected source or affected facility under a referencing subpart, to 
produce results adequate for the Administrator's determination that it 
may be used in place of a test method specified in this subpart.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    By compound means by individual stream components, not carbon 
equivalents.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device. Closed vent system does not include the vapor 
collection system that is part of any tank truck or railcar.
    Closed vent system shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a process 
unit during which it is technically feasible to clear process material 
from a closed vent system or part of a closed vent system consistent 
with safety constraints and during which repairs can be effected.

[[Page 529]]

An unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours is not a closed vent system shutdown. An unscheduled work 
practice or operational procedure that would stop production from a 
process unit or part of a process unit for a shorter period of time than 
would be required to clear the closed vent system or part of the closed 
vent system of materials and start up the unit, and would result in 
greater emissions than delay of repair of leaking components until the 
next scheduled closed vent system shutdown, is not a closed vent system 
shutdown. The use of spare equipment and technically feasible bypassing 
of equipment without stopping production are not closed vent system 
shutdowns.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec.  63.998(b).
    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart or a referencing subpart. For 
process vents from continuous unit operations at affected sources in 
subcategories where the applicability criteria includes a TRE index 
value, recovery devices are not considered to be control devices. 
Primary condensers on steam strippers or fuel gas systems are not 
considered to be control devices.
    Control System means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated emission source.
    Day means a calendar day.
    Ductwork means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
subcategory where the applicability criteria includes a TRE index value. 
The final recovery device usually discharges to a combustion device, 
recapture device, or directly to the atmosphere.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in Sec.  
63.983(c) to verify whether the leak is repaired, unless the owner or 
operator determines by other means that the leak is not repaired.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous streams generated by onsite 
operations, may blend them with other sources of gas, and transports the 
gaseous streams for use as fuel gas in combustion devices or in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31.3.
    High throughput transfer rack means those transfer racks that 
transfer a total of 11.8 million liters per year or greater of liquid 
containing regulated material.

[[Page 530]]

    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Low throughput transfer rack means those transfer racks that 
transfer less than a total of 11.8 million liters per year of liquid 
containing regulated material.
    Operating parameter value means a minimum or maximum value 
established for a control device parameter which, if achieved by itself 
or in combination with one or more other operating parameter values, 
determines that an owner or operator has complied with an applicable 
emission limit or operating limit.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle such as infra-red, photo ionization, or thermal conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a regulated source or a stationary source of 
which a regulated source is a part.
    Performance level means the level at which the regulated material in 
the gases or vapors vented to a control or recovery device is removed, 
recovered, or destroyed. Examples of control device performance levels 
include: achieving a minimum organic reduction efficiency expressed as a 
percentage of regulated material removed or destroyed in the control 
device inlet stream on a weight-basis; achieving an organic 
concentration in the control device exhaust stream that is less than a 
maximum allowable limit expressed in parts per million by volume on a 
dry basis corrected to 3 percent oxygen if a combustion device is the 
control device and supplemental combustion air is used to combust the 
emissions; or maintaining appropriate control device operating 
parameters indicative of the device performance at specified values.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission limit as specified in 
the performance test section of this subpart or in the referencing 
subpart.
    Primary fuel means the fuel that provides the principal heat input 
to a device. To be considered primary, the fuel must be able to sustain 
operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers. For purposes of 
the monitoring, recordkeeping and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse, or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate 
the

[[Page 531]]

components of process streams. Recovery operations equipment includes 
distillation units, condensers, etc. Equipment used for wastewater 
treatment shall not be considered recovery operations equipment.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to vapors 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
or hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by a referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a relevant standard or other 
requirement established pursuant to a referencing subpart.
    Repaired, for the purposes of this subpart, means that equipment; is 
adjusted, or otherwise altered, to eliminate a leak as defined in the 
applicable sections of this subpart; and unless otherwise specified in 
applicable provisions of this subpart, is inspected as specified in 
Sec.  63.983(c) to verify that emissions from the equipment are below 
the applicable leak definition.
    Routed to a process or route to a process means the gas streams are 
conveyed to any enclosed portion of a process unit where the emissions 
are recycled and/or consumed in the same manner as a material that 
fulfills the same function in the process; and/or transformed by 
chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this subpart. Unless otherwise specified, a run may be 
either intermittent or continuous within the limits of good engineering 
practice.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Specific gravity monitoring device means a unit of equipment used to 
monitor specific gravity and having a minimum accuracy of 0.02 specific gravity units.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is part 
of the vent stream as a result of the nature of the unit operation is 
not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic oxidizers, 
to include the intermittent addition of air upstream of the catalyst bed 
to maintain a minimum threshold flow rate through the catalyst bed or to 
avoid excessive temperatures in the catalyst bed, is not considered to 
be supplemental combustion air.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of 1 percent of the temperature being monitored expressed 
in degrees Celsius or 1.2 degrees Celsius 
([deg]C), whichever is greater.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 
67 FR 46277, July 12, 2002]



Sec.  63.982  Requirements.

    (a) General compliance requirements for storage vessels, process 
vents, transfer racks, and equipment leaks. An owner or operator who is 
referred to this subpart for controlling regulated material emissions 
from storage vessels, process vents, low and high throughput transfer 
racks, or equipment leaks by venting emissions through a closed vent 
system to a flare, nonflare control device or routing to a fuel gas 
system or process shall comply with the applicable requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) Storage vessels. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(1), and (d) of this 
section.
    (2) Process vents. The owner or operator shall comply with the 
applicable

[[Page 532]]

provisions of paragraphs (b), (c)(2), and (e) of this section.
    (3) Transfer racks. (i) For low throughput transfer racks, the owner 
or operator shall comply with the applicable provisions of paragraphs 
(b), (c)(1), and (d) of this section.
    (ii) For high throughput transfer racks, the owner or operator shall 
comply with the applicable provisions of paragraphs (b), (c)(2), and (d) 
of this section.
    (4) Equipment leaks. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(3), and (d) of this 
section.
    (b) Closed vent system and flare. Owners or operators that vent 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec.  63.983 for closed vent systems; Sec.  63.987 for 
flares; Sec.  63.997 (a), (b) and (c) for provisions regarding flare 
compliance assessments; the monitoring, recordkeeping, and reporting 
requirements referenced therein; and the applicable recordkeeping and 
reporting requirements of Sec. Sec.  63.998 and 63.999. No other 
provisions of this subpart apply to emissions vented through a closed 
vent system to a flare.
    (c) Closed vent system and nonflare control device. Owners or 
operators who control emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec.  63.983 for 
closed vent systems, the applicable recordkeeping and reporting 
requirements of Sec. Sec.  63.998 and 63.999, and the applicable 
requirements listed in paragraphs (c)(1) through (3) of this section.
    (1) For storage vessels and low throughput transfer racks, the owner 
or operator shall meet the requirements in Sec.  63.985 for nonflare 
control devices and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to low throughput transfer rack emissions or storage vessel 
emissions vented through a closed vent system to a nonflare control 
device unless specifically required in the monitoring plan submitted 
under Sec.  63.985(c).
    (2) For process vents and high throughput transfer racks, the owner 
or operator shall meet the requirements applicable to the control 
devices being used in Sec.  63.988, Sec.  63.990 or Sec.  63.995; the 
applicable general monitoring requirements of Sec.  63.996 and the 
applicable performance test requirements and procedures of Sec.  63.997; 
and the monitoring, recordkeeping and reporting requirements referenced 
therein. Owners or operators subject to halogen reduction device 
requirements under a referencing subpart must also comply with Sec.  
63.994 and the monitoring, recordkeeping, and reporting requirements 
referenced therein. The requirements of Sec. Sec.  63.984 through 63.986 
do not apply to process vents or high throughput transfer racks.
    (3) For equipment leaks, owners or operators shall meet the 
requirements in Sec.  63.986 for nonflare control devices used for 
equipment leak emissions and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to equipment leak emissions vented through a closed vent 
system to a nonflare control device.
    (d) Route to a fuel gas system or process. Owners or operators that 
route emissions to a fuel gas system or to a process shall meet the 
requirements in Sec.  63.984, the monitoring, recordkeeping, and 
reporting requirements referenced therein, and the applicable 
recordkeeping and reporting requirements of Sec. Sec.  63.998 and 
63.999. No other provisions of this subpart apply to emissions being 
routed to a fuel gas system or process.
    (e) Final recovery devices. Owners or operators who use a final 
recovery device to maintain a TRE above a level specified in a 
referencing subpart shall meet the requirements in Sec.  63.993 and the 
monitoring, recordkeeping, and reporting requirements referenced therein 
that are applicable to the recovery device being used; the applicable 
monitoring requirements in Sec.  63.996 and the recordkeeping and 
reporting requirements referenced therein; and the applicable 
recordkeeping and reporting requirements of Sec. Sec.  63.998 and 
63.999. No other provisions of this subpart apply to process vent 
emissions routed to a final recovery device.
    (f) Combined emissions. When emissions from different emission types 
(e.g., emissions from process vents,

[[Page 533]]

transfer racks, and/or storage vessels) are combined, an owner or 
operator shall comply with the requirements of either paragraph (f)(1) 
or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (e.g., the requirements of paragraph 
(a)(2) of this section for process vents, and the requirements of 
paragraph (a)(3) of this section for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (f)(2)(i) through (iii) of this section which applies to any 
individual emission stream that is included in the combined stream. 
Compliance with paragraphs (f)(2)(i) through (iii) of this section 
constitutes compliance with all other emissions requirements for other 
emission streams.
    (i) The requirements of Sec.  63.982(a)(2) for process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec.  63.982(a)(3)(ii) for high throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec.  63.982(a)(1) or (a)(3)(i) for 
control of emissions from storage vessels or low throughput transfer 
racks, including applicable monitoring, recordkeeping, and reporting.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec.  63.983  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. Except 
for closed vent systems operated and maintained under negative pressure, 
the provisions of this paragraph apply to closed vent systems collecting 
regulated material from a regulated source.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point, and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with the 
provisions of this subpart shall be operated at all times when emissions 
are vented to, or collected by, them.
    (3) Bypass monitoring. Except for equipment needed for safety 
purposes such as pressure relief devices, low leg drains, high point 
bleeds, analyzer vents, and open-ended valves or lines, the owner or 
operator shall comply with the provisions of either paragraphs (a)(3)(i) 
or (ii) of this section for each closed vent system that contains bypass 
lines that could divert a vent stream to the atmosphere.
    (i) Properly install, maintain, and operate a flow indicator that is 
capable of taking periodic readings. Records shall be generated as 
specified in Sec.  63.998(d)(1)(ii)(A). The flow indicator shall be 
installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. Records shall be 
generated as specified in Sec.  63.998(d)(1)(ii)(B).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed and 
operated so that regulated material vapors collected at one loading arm 
will not pass through another loading arm in the rack to the atmosphere.
    (5) Pressure relief devices in a transfer rack's closed vent system. 
The owner or operator of a transfer rack subject to the provisions of 
this subpart shall ensure that no pressure relief device in the transfer 
rack's closed vent system shall open to the atmosphere during loading. 
Pressure relief devices needed for safety purposes are not subject to 
this paragraph.
    (b) Closed vent system inspection and monitoring requirements. The 
provisions of this subpart apply to closed vent systems collecting 
regulated material from a regulated source. Inspection records shall be 
generated as specified in Sec.  63.998(d)(1)(iii) and (iv) of this 
section.
    (1) Except for any closed vent systems that are designated as unsafe 
or difficult to inspect as provided in paragraphs (b)(2) and (3) of this 
section, each closed vent system shall be inspected as specified in 
paragraph (b)(1)(i) or (ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the 
owner or

[[Page 534]]

operator shall comply with the requirements specified in paragraphs 
(b)(1)(i)(A) and (B) of this section.
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual inspections for visible, audible, or olfactory 
indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the owner 
or operator shall conduct an initial and annual inspection according to 
the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated, as 
described in Sec.  63.998(d)(1)(i), as unsafe to inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
conditions of paragraphs (b)(2)(i) and (ii) of this section are met.
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec.  63.998(d)(1)(i), as difficult-to-inspect are exempt 
from the inspection requirements of paragraph (b)(1) of this section if 
the provisions of paragraphs (b)(3)(i) and (ii) of this section apply.
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (4) For each bypass line, the owner or operator shall comply with 
paragraph (b)(4)(i) or (ii) of this section.
    (i) If a flow indicator is used, take a reading at least once every 
15 minutes.
    (ii) If the bypass line valve is secured in the non-diverting 
position, visually inspect the seal or closure mechanism at least once 
every month to verify that the valve is maintained in the non-diverting 
position, and the vent stream is not diverted through the bypass line.
    (c) Closed vent system inspection procedures. The provisions of this 
paragraph apply to closed vent systems collecting regulated material 
from a regulated source.
    (1) Each closed vent system subject to this paragraph shall be 
inspected according to the procedures specified in paragraphs (c)(1)(i) 
through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in (c)(1)(iii) of this section, the 
detection instrument shall meet the performance criteria of Method 21 of 
40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 must be for the representative 
composition of the process fluid and not of each individual VOC in the 
stream. For process streams that contain nitrogen, air, water, or other 
inerts that are not organic HAP or VOC, the representative stream 
response factor must be determined on an inert-free basis. The response 
factor may be determined at any concentration for which the monitoring 
for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will meet 
the performance criteria of Method 21 specified in paragraph (c)(1)(ii) 
of this section, the instrument readings may be adjusted by multiplying 
by the representative response factor of the process fluid, calculated 
on an inert-free basis as described in paragraph (c)(1)(ii) of this 
section.
    (iv) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (v) Calibration gases shall be as specified in paragraphs 
(c)(1)(v)(A) through (C) of this section.
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than

[[Page 535]]

methane in air may be used if the instrument does not respond to methane 
or if the instrument does not meet the performance criteria specified in 
paragraph (c)(1)(ii) of this section. In such cases, the calibration gas 
may be a mixture of one or more of the compounds to be measured in air.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects not 
to adjust readings for background, all such instrument readings shall be 
compared directly to 500 parts per million to determine whether there is 
a leak. If an owner or operator elects to adjust instrument readings for 
background, the owner or operator shall measure background concentration 
using the procedures in this section. The owner or operator shall 
subtract the background reading from the maximum concentration indicated 
by the instrument.
    (vii) If the owner or operator elects to adjust for background, the 
arithmetic difference between the maximum concentration indicated by the 
instrument and the background level shall be compared with 500 parts per 
million for determining whether there is a leak.
    (2) The instrument probe shall be traversed around all potential 
leak interfaces as described in Method 21 of 40 CFR part 60, appendix A.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service, or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank truck 
or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable gas 
or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) If there are visible, audible, or olfactory indications of leaks 
at the time of the annual visual inspections required by paragraph 
(b)(1)(i)(B) of this section, the owner or operator shall follow the 
procedure specified in either paragraph (d)(1)(i) or (ii) of this 
section.
    (i) The owner or operator shall eliminate the leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practical, except as provided in paragraph 
(d)(3) of this section. Records shall be generated as specified in Sec.  
63.998(d)(1)(iii) when a leak is detected.
    (i) A first attempt at repair shall be made no later than 5 days 
after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, repairs 
shall be completed no later than 15 days after the leak is detected or 
at the beginning of the next introduction of vapors to the system, 
whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if repair within 15 days after a leak is 
detected is technically infeasible or unsafe without a closed vent 
system shutdown, as defined in Sec.  63.981, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. Repair 
of such equipment shall be completed as soon as practical, but not later 
than the end of the next closed vent system shutdown.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 
67 FR 46277, July 12, 2002]



Sec.  63.984  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except during periods of start-up, shutdown and 
malfunction as specified

[[Page 536]]

in the referencing subpart, the fuel gas system or process shall be 
operating at all times when regulated material emissions are routed to 
it.
    (2) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph.
    (b) Fuel gas system and process compliance assessment. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) If emissions are routed to a process, the regulated material in 
the emissions shall meet one or more of the conditions specified in 
paragraphs (b)(2)(i) through (iv) of this section. The owner or operator 
of storage vessels subject to this paragraph shall comply with the 
compliance demonstration requirements in paragraph (b)(3) of this 
section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section 
for a storage vessel, the owner or operator shall prepare a design 
evaluation (or engineering assessment) that demonstrates the extent to 
which one or more of the conditions specified in paragraphs (b)(2)(i) 
through (iv) of this section are being met.
    (c) Statement of connection. For storage vessels and transfer racks, 
the owner or operator shall submit the statement of connection reports 
for fuel gas systems specified in Sec.  63.999(b)(1)(ii), as 
appropriate.



Sec.  63.985  Nonflare control devices used to control emissions 
from storage vessels and low throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device so that the monitored parameters defined as required in paragraph 
(c) of this section remain within the ranges specified in the 
Notification of Compliance Status whenever emissions of regulated 
material are routed to the control device except during periods of 
start-up, shutdown, and malfunction as specified in the referencing 
subpart.
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraphs (b)(1)(i) 
or (ii) of this section, except as provided in paragraphs (b)(2) and (3) 
of this section.
    (1) Design evaluation or performance test results. The owner or 
operator shall prepare and submit with the Notification of Compliance 
Status, as specified in Sec.  63.999(b)(2), either a design evaluation 
that includes the information specified in paragraph (b)(1)(i) of this 
section, or the results of the performance test as described in 
paragraph (b)(1)(ii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content, and the 
information specified in paragraphs (b)(1)(i)(A) through (E) of this 
section, as applicable. For storage vessels, the description of the gas 
stream that enters the control device shall be provided for varying 
liquid level conditions. This documentation shall be submitted with the 
Notification of Compliance Status as specified in Sec.  63.999(b)(2).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 [deg]C is used to meet 
an emission reduction requirement specified in a referencing subpart for 
storage vessels

[[Page 537]]

and transfer racks, documentation that those conditions exist is 
sufficient to meet the requirements of paragraph (b)(1)(i) of this 
section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section for 
enclosed combustion devices, the design evaluation shall include the 
estimated autoignition temperature of the stream being combusted, the 
flow rate of the stream, the combustion temperature, and the residence 
time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated material vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, the 
desorption schedule, the regeneration stream pressure or temperature, 
and the flow rate of the regeneration stream. For vacuum desorption, 
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test, whether conducted to meet 
the requirements of this section, or to demonstrate compliance for a 
process vent or high throughput transfer rack as required by Sec.  
63.988(b), Sec.  63.990(b), or Sec.  63.995(b), is acceptable to 
demonstrate compliance with emission reduction requirements for storage 
vessels and transfer racks. The owner or operator is not required to 
prepare a design evaluation for the control device as described in 
paragraph (b)(1)(i) of this section if a performance test will be 
performed that meets the criteria specified in paragraphs (b)(1)(ii)(A) 
and (B) of this section.
    (A) The performance test will demonstrate that the control device 
achieves greater than or equal to the required control device 
performance level specified in a referencing subpart for storage vessels 
or transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements and the results are submitted as part of the Notification 
of Compliance Status as specified in Sec.  63.999(b)(2).
    (2) Exceptions. A design evaluation or performance test is not 
required if the owner or operator uses a combustion device meeting the 
criteria in paragraph (b)(2)(i), (ii), (iii), or (iv) of this section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(ii)(A) or (B) of this section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H, or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) A hazardous waste incinerator for which the owner or operator 
meets the requirements specified in paragraph (b)(2)(iii)(A) or (B) of 
this section.
    (A) The incinerator has been issued a final permit under 40 CFR part 
270 and complies with the requirements of 40 CFR part 264, subpart O; or
    (B) The incinerator has certified compliance with the interim status 
requirements of 40 CFR part 265, subpart O; or
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (3) Prior design evaluations or performance tests. If a design 
evaluation or performance test is required in the referencing subpart or 
was previously conducted and submitted for a storage vessel or low 
throughput transfer rack, then a performance test or design evaluation 
is not required.
    (c) Nonflare control device monitoring requirements. (1) The owner 
or operator shall submit with the Notification of Compliance Status, a 
monitoring plan containing the information specified in Sec.  
63.999(b)(2)(i) and (ii) to identify the parameters that will be 
monitored to assure proper operation of the control device.
    (2) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status or in

[[Page 538]]

the operating permit application or amendment. Records shall be 
generated as specified in Sec.  63.998(d)(2)(i).



Sec.  63.986  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements of a 
referencing subpart for equipment leaks shall meet the requirements of 
this section.
    (2) Control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Performance test requirements. A performance test is not 
required for any nonflare control device used only to control emissions 
from equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices 
that are used to comply only with the provisions of a referencing 
subpart for control of equipment leak emissions shall monitor these 
control devices to ensure that they are operated and maintained in 
conformance with their design. The owner or operator shall maintain the 
records as specified in Sec.  63.998(d)(4).



Sec.  63.987  Flare requirements.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements in 40 CFR 63.11(b) 
(General Provisions).
    (b) Flare compliance assessment. (1) The owner or operator shall 
conduct an initial flare compliance assessment of any flare used to 
comply with the provisions of this subpart. Flare compliance assessment 
records shall be kept as specified in Sec.  63.998(a)(1) and a flare 
compliance assessment report shall be submitted as specified in Sec.  
63.999(a)(2). An owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
regulated material or total organic compound concentration when a flare 
is used.
    (2) [Reserved]
    (3) Flare compliance assessments shall meet the requirements 
specified in paragraphs (b)(3)(i) through (iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission provisions of this 
subpart. The observation period is 2 hours, except for transfer racks as 
provided in (b)(3)(i)(A) or (B) of this section.
    (A) For transfer racks, if the loading cycle is less than 2 hours, 
then the observation period for that run shall be for the entire loading 
cycle.
    (B) For transfer racks, if additional loading cycles are initiated 
within the 2-hour period, then visible emissions observations shall be 
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare 
shall be calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.000

Where:

HT = Net heating value of the sample, megajoules per standard 
          cubic meter; where the net enthalpy per mole of offgas is 
          based on combustion at 25 [deg]C and 760 millimeters of 
          mercury (30 inches of mercury), but the standard temperature 
          for determining the volume corresponding to one mole is 20 
          [deg]C;
K1 = 1.740 x 10-7 (parts per million by 
          volume)-1 (gram-mole per standard cubic meter) 
          (megajoules per kilocalories), where the standard temperature 
          for gram mole per standard cubic meter is 20 [deg]C;
n = number of sample components;
Dj = Concentration of sample component j, in parts per 
          million by volume on a wet basis, as measured for organics by 
          Method 18 of 40 CFR part 60, appendix A, or by ASTM D6420-18 
          (incorporated by reference, see Sec.  63.14) under the 
          conditions specified in Sec.  63.997(e)(2)(iii)(D)(1) through 
          (3). Hydrogen and carbon monoxide are measured by ASTM D1946-
          90 (Reapproved 1994) (incorporated by reference, see Sec.  
          63.14); and
Hj = Net heat of combustion of sample component j, 
          kilocalories per gram mole at 25 [deg]C and 760 millimeters of 
          mercury (30 inches of mercury).

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in unit of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR 
part 60, appendix A, as appropriate, by the unobstructed (free) cross 
sectional area of the flare tip.

[[Page 539]]

    (iv) Flare flame or pilot monitors, as applicable, shall be operated 
during any flare compliance assessment.
    (c) Flare monitoring requirements. Where a flare is used, the 
following monitoring equipment is required: a device (including but not 
limited to a thermocouple, ultra-violet beam sensor, or infrared sensor) 
capable of continuously detecting that at least one pilot flame or the 
flare flame is present. Flare flame monitoring and compliance records 
shall be kept as specified in Sec.  63.998(a)(1) and reported as 
specified in Sec.  63.999(a).

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 
67 FR 46277, July 12, 2002; 85 FR 40417, July 6, 2020]



Sec.  63.988  Incinerators, boilers, and process heaters.

    (a) Equipment and operating requirements. (1) Owners or operators 
using incinerators, boilers, or process heaters to meet a weight-percent 
emission reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Incinerators, boilers, or process heaters used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (3) For boilers and process heaters, the vent stream shall be 
introduced into the flame zone of the boiler or process heater.
    (b) Performance test requirements. (1) Except as specified in Sec.  
63.997(b), and paragraph (b)(2) of this section, the owner or operator 
shall conduct an initial performance test of any incinerator, boiler, or 
process heater used to comply with the provisions of a referencing 
subpart and this subpart according to the procedures in Sec.  63.997. 
Performance test records shall be kept as specified in Sec.  
63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec.  63.999(a)(2). As provided in Sec.  63.985(b)(1), a 
design evaluation may be used as an alternative to the performance test 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec.  63.986(b), no performance test is required for 
equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (iv) of this section are used.
    (i) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O;
    (ii) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater;
    (iii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel; or
    (iv) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(iv)(A) or (B) of this section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (c) Incinerator, boiler, and process heater monitoring requirements. 
Where an incinerator, boiler, or process heater is used, a temperature 
monitoring device capable of providing a continuous record that meets 
the provisions specified in paragraph (c)(1), (2), or (3) of this 
section is required. Any boiler or process heater in which all vent 
streams are introduced with primary fuel or are used as the primary fuel 
is exempt from monitoring. Monitoring results shall be recorded as 
specified in Sec.  63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in the referencing subpart and Sec.  3.996.
    (1) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the fire box or in 
the ductwork immediately downstream of the fire box in a position before 
any substantial heat exchange occurs.

[[Page 540]]

    (2) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (3) Where a boiler or process heater of less than 44 megawatts (150 
million British thermal units per hour) design heat input capacity is 
used and the regulated vent stream is not introduced as or with the 
primary fuel, a temperature monitoring device shall be installed in the 
fire box.



Sec.  63.989  [Reserved]



Sec.  63.990  Absorbers, condensers, and carbon adsorbers 
used as control devices.

    (a) Equipment and operating requirements. (1) Owners or operators 
using absorbers, condensers, or carbon adsorbers to meet a weight-
percent emission reduction or parts per million by volume outlet 
concentration requirement specified in a referencing subpart shall meet 
the requirements of this section.
    (2) Absorbers, condensers, and carbon adsorbers used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (b) Performance test requirements. Except as specified in Sec.  
63.997(b), the owner or operator shall conduct an initial performance 
test of any absorber, condenser, or carbon adsorber used as a control 
device to comply with the provisions of the referencing subpart and this 
subpart according to the procedures in Sec.  63.997. Performance test 
records shall be kept as specified in Sec.  63.998(a)(2) and a 
performance test report shall be submitted as specified in Sec.  
63.999(a)(2). As provided in Sec.  63.985(b)(1), a design evaluation may 
be used as an alternative to the performance test for storage vessels 
and low throughput transfer rack controls. As provided in Sec.  
63.986(b), no performance test is required to demonstrate compliance for 
equipment leaks.
    (c) Monitoring requirements. Where an absorber, condenser, or carbon 
adsorber is used as a control device, either an organic monitoring 
device capable of providing a continuous record, or the monitoring 
devices specified in paragraphs (c)(1) through (3), as applicable, shall 
be used. Monitoring results shall be recorded as specified in Sec.  
63.998(b) and (c), as applicable. General requirements for monitoring 
and continuous parameter monitoring systems are contained in a 
referencing subpart and Sec.  63.996.
    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each capable 
of providing a continuous record, shall be used. If the difference 
between the specific gravity of the saturated scrubbing fluid and 
specific gravity of the fresh scrubbing fluid is less than 0.02 specific 
gravity units, an organic monitoring device capable of providing a 
continuous record shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used.
    (3) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of 10 percent or better, capable of recording the total 
regeneration stream mass or volumetric flow for each regeneration cycle; 
and a carbon bed temperature monitoring device, capable of recording the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle, shall be used.



Sec.  63.991  [Reserved]



Sec.  63.992  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart

[[Page 541]]

E, the authorities contained in paragraphs (b)(1) through (5) of this 
section are retained by the EPA Administrator and are not transferred to 
the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec.  63.983(a) and (d), 63.984, 63.985(a), 63.986(a), 
63.987(a), 63.988(a), 63.990(a), 63.993(a), 63.994(a), and 63.995(a) 
under Sec.  63.6(g). Where these standards reference another subpart, 
the cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (4) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.

[67 FR 46277, July 12, 2002]



Sec.  63.993  Absorbers, condensers, carbon adsorbers 
and other recovery devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a final recovery device to maintain a TRE 
above a level specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Recovery devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times when 
emissions are vented to them.
    (b) Recovery device performance test requirements. There are no 
performance test requirements for recovery devices. TRE index value 
determination information shall be recorded as specified in Sec.  
63.998(a)(3).
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is the final recovery device in the recovery system and the TRE index 
value is between the level specified in a referencing subpart and 4.0, 
either an organic monitoring device capable of providing a continuous 
record or a scrubbing liquid temperature monitoring device and a 
specific gravity monitoring device, each capable of providing a 
continuous record, shall be used. If the difference between the specific 
gravity of the saturated scrubbing fluid and specific gravity of the 
fresh scrubbing fluid is less than 0.02 specific gravity units, an 
organic monitoring device capable of providing a continuous record shall 
be used. Monitoring results shall be recorded as specified in Sec.  
63.998(b) and (c), as applicable. General requirements for monitoring 
and continuous parameter monitoring systems are contained in Sec.  
63.996.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between the level specified in a 
referencing subpart and 4.0, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec.  63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
a referencing subpart and Sec.  63.996.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between the level specified 
in a referencing subpart and 4.0, an organic monitoring device capable 
of providing a continuous record or an integrating regeneration stream 
flow monitoring device having an accuracy of 10 
percent or better, capable of recording the total regeneration stream 
mass or volumetric flow for each regeneration cycle; and a carbon-bed 
temperature monitoring device, capable of recording the carbon-bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle shall be used. Monitoring results shall be recorded as 
specified in Sec.  63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec.  63.996.
    (4) If an owner or operator uses a recovery device other than those 
listed in this subpart, the owner or operator shall submit a description 
of planned monitoring, reporting and recordkeeping procedures as 
specified in a referencing subpart. The Administrator will approve, 
deny, or modify based on

[[Page 542]]

the reasonableness of the proposed monitoring, reporting and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.



Sec.  63.994  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of a halogen 
scrubber or other halogen reduction device subject to this subpart shall 
reduce the overall emissions of hydrogen halides and halogens by the 
control device performance level specified in a referencing subpart.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of a referencing subpart and this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. (1) An owner or operator of a combustion device 
followed by a halogen scrubber or other halogen reduction device to 
control halogenated vent streams in accordance with a referencing 
subpart and this subpart shall conduct an initial performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens according to the procedures in Sec.  
63.997. Performance test records shall be kept as specified in Sec.  
63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec.  63.999(a)(2).
    (2) An owner or operator of a halogen scrubber or other halogen 
reduction technique used to reduce the vent stream halogen atom mass 
emission rate prior to a combustion device to comply with a performance 
level specified in a referencing subpart shall determine the halogen 
atom mass emission rate prior to the combustion device according to the 
procedures specified in the referencing subpart. Records of the halogen 
concentration in the vent stream shall be generated as specified in 
Sec.  63.998(a)(4).
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is 
required for the scrubber. Monitoring results shall be recorded as 
specified in Sec.  63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec.  63.996.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(c)(1)(ii)(A) through (D) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) The owner or operator may measure the gas stream flow at the 
scrubber inlet.
    (C) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the process unit of 
which it is part as specified in a referencing subpart, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to that compliance date may be utilized to comply with 
this subpart if it is still representative.
    (D) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream 
flow, and a description of the records that will be maintained to 
document the determination of gas stream flow. The

[[Page 543]]

owner or operator shall maintain the plan as specified in a referencing 
subpart.
    (2) Where a halogen reduction device other than a scrubber is used, 
the owner or operator shall follow the procedures specified in a 
referencing subpart in order to establish monitoring parameters.



Sec.  63.995  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Sec. Sec.  63.985 through 63.990 to meet a weight-percent emission 
reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Other control devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times when 
emissions are vented to them.
    (b) Other control device performance test requirements. An owner or 
operator using a control device other than those specified in Sec. Sec.  
63.987 through 63.990 to comply with a performance level specified in a 
referencing subpart, shall perform an initial performance test according 
to the procedures in Sec.  63.997. Performance test records shall be 
kept as specified in Sec.  63.998(a)(2) and a performance test report 
shall be submitted as specified in Sec.  63.999(a)(2).
    (c) Other control device monitoring requirements. If an owner or 
operator uses a control device other than those listed in this subpart, 
the owner or operator shall submit a description of planned monitoring, 
recordkeeping and reporting procedures as specified in a referencing 
subpart. The Administrator will approve, deny, or modify based on the 
reasonableness of the proposed monitoring, reporting and recordkeeping 
requirements as part of the review of the submission or permit 
application or by other appropriate means.



Sec.  63.996  General monitoring requirements for control and recovery devices.

    (a) General monitoring requirements applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec.  63.987(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless the provision in either paragraph (b)(1)(i) or (ii) of this 
section applies.
    (i) The Administrator specifies or approves the use of minor changes 
in methodology for the specified monitoring requirements and procedures; 
or
    (ii) The Administrator approves the use of alternatives to any 
monitoring requirements or procedures as provided in the referencing 
subpart or paragraph (d) of this section.
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS's are used 
during a particular reporting period to meet the monitoring requirements 
of this subpart, then the owner or operator shall report the results 
from each CPMS for the time during the six month period that the 
instrument was relied upon to demonstrate compliance.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section, or in a relevant 
subpart, and in a manner consistent with good air pollution control 
practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for routine 
repairs of the affected equipment shall be readily available.

[[Page 544]]

    (ii) If under the referencing subpart, an owner or operator has 
developed a start-up, shutdown, and malfunction plan, the plan is 
followed, and the CPMS is repaired immediately, this action shall be 
recorded as specified in Sec.  63.998(c)(1)(ii)(E).
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used for the CPMS will be 
based on information that may include, but is not limited to, review of 
operation and maintenance procedures, operation and maintenance records 
as specified in Sec.  63.998(c)(1)(i) and (ii), manufacturer's 
recommendations and specifications, and inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS's shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with the referencing subpart, except for system 
breakdowns, repairs, maintenance periods, instrument adjustments, or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all continuous parameter monitoring systems shall 
be in continuous operation when emissions are being routed to the 
monitored device.
    (6) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control or recovery 
device. In order to establish the range, the information required in 
Sec.  63.999(b)(3) shall be submitted in the Notification of Compliance 
Status or the operating permit application or amendment. The range may 
be based upon a prior performance test meeting the specifications of 
Sec.  63.997(b)(1) or a prior TRE index value determination, as 
applicable, or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle and the temperature of 
the carbon bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.
    (d) Alternatives to monitoring requirements--(1) Alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions. 
An owner or operator may request approval to use alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions 
listed in Sec. Sec.  63.988(c), 63.990(c), 63.993(c), 63.994(c), 
63.998(a)(2) through (4), 63.998(c)(2) and (3), as specified in Sec.  
63.999(d)(1).
    (2) Monitoring a different parameter than those listed. An owner or 
operator may request approval to monitor a different parameter than 
those established in paragraph (c)(6) of this section or to set unique 
monitoring parameters if directed by Sec.  63.994(c)(2) or Sec.  
63.995(c), as specified in Sec.  63.999(d)(2).



Sec.  63.997  Performance test and compliance assessment requirements 
for control devices.

    (a) Performance tests and flare compliance assessments. Where 
Sec. Sec.  63.985 through 63.995 require, or the owner or operator 
elects to conduct, a performance test of a control device or a halogen 
reduction device, or a compliance assessment for a flare, the 
requirements of paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance assessments are required only as specified in 
this subpart or a referencing subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
assessment under this subpart if a prior performance test or compliance 
assessment was conducted using the same methods specified in Sec.  
63.997(e) or Sec.  63.987(b)(3), as applicable, and either no process 
changes have been made since the test, or the owner or operator can 
demonstrate that the results of the performance

[[Page 545]]

test or compliance demonstration, with or without adjustments, reliably 
demonstrate compliance despite process changes. An owner or operator may 
request permission to substitute a prior performance test or compliance 
assessment by written application to the Administrator as specified in 
Sec.  63.999(a)(1)(iv).
    (2) Individual performance tests and flare compliance assessments 
may be waived upon written application to the Administrator, per Sec.  
63.999(a)(1)(iii), if, in the Administrator's judgment, the source is 
meeting the relevant standard(s) on a continuous basis, the source is 
being operated under an extension or waiver of compliance, or the owner 
or operator has requested an extension or waiver of compliance and the 
Administrator is still considering that request.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance assessments schedule. (1) 
Unless a waiver of performance testing or flare compliance assessment is 
obtained under this section or the conditions of a referencing subpart, 
the owner or operator shall perform such tests as specified in 
paragraphs (c)(1)(i) through (vii) of this section.
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial start-up date before the effective 
date of that standard; or
    (ii) Within 180 days after initial start-up for a new source that 
has an initial start-up date after the effective date of a relevant 
standard; or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source, or within 180 days after 
start-up of an existing source if the source begins operation after the 
effective date of the relevant emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing source 
that obtains an extension of compliance under Sec.  63.1112(a), or 
waiver of compliance under 40 CFR 61.11; or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard established pursuant to section 
112(d) of the Act but before the proposal date of the relevant standard 
established pursuant to section 112(f); or
    (vii) When the promulgated emission standard in a referencing 
subpart is more stringent than the standard that was proposed, the owner 
or operator of a new or reconstructed source subject to that standard 
for which construction or reconstruction is commenced between the 
proposal and promulgation dates of the standard shall comply with 
performance testing requirements within 180 days after the standard's 
effective date, or within 180 days after start-up of the source, 
whichever is later. If a promulgated standard in a referencing subpart 
is more stringent than the proposed standard, the owner or operator may 
choose to demonstrate compliance initially with either the proposed or 
the promulgated standard. If the owner or operator chooses to comply 
with the proposed standard initially, the owner or operator shall 
conduct a second performance test within 3 years and 180 days after the 
effective date of the standard, or after start-up of the source, 
whichever is later, to demonstrate compliance with the promulgated 
standard.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance assessments at the regulated source at 
any time when the action is authorized by section 114 of the Act.
    (3) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a recovery device to replace an existing 
control device at a later date, or elects to use a different flare, 
nonflare control device

[[Page 546]]

or recovery device to replace an existing flare, nonflare control device 
or final recovery device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec.  63.999(c)(7) before implementing the change. 
Upon implementing the change, a compliance demonstration or performance 
test shall be performed according to the provisions of paragraphs 
(c)(3)(i) through (v) of this section, as applicable, within 180 days. 
The compliance assessment report shall be submitted to the Administrator 
within 60 days of completing the determination, as provided in Sec.  
63.999(a)(1)(ii).
    (i) For flares used to replace an existing control device, a flare 
compliance demonstration shall be performed using the methods specified 
in Sec.  63.987(b);
    (ii) For flares used to replace an existing final recovery device 
that is used on an applicable process vent, the owner or operator shall 
comply with the applicable provisions in a referencing subpart and in 
this subpart;
    (iii) For incinerators, boilers, or process heaters used to replace 
an existing control device, a performance test shall be performed, using 
the methods specified in Sec.  63.997;
    (iv) For absorbers, condensers, or carbon adsorbers used to replace 
an existing control device on a process vent or a transfer rack, a 
performance test shall be performed, using the methods specified in 
Sec.  63.997;
    (v) For absorbers, condensers, or carbon adsorbers used to replace 
an existing final recovery device on a process vent, the owner or 
operator shall comply with the applicable provisions of a referencing 
subpart and this subpart;
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in paragraphs (d)(1) through (5) of this section.
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the requirements specified in 
(d)(1)(i) and (ii) of this section.
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Performance test procedures. Where Sec. Sec.  63.985 through 
63.995 require the owner or operator to conduct a performance test of a 
control device or a halogen reduction device, the owner or operator 
shall follow the requirements of paragraphs (e)(1)(i) through (v) of 
this section, as applicable.
    (1) General procedures. (i) Continuous unit operations. For 
continuous unit operations, performance tests shall be conducted at 
maximum representative operating conditions for the process, unless the 
Administrator specifies or approves alternate operating conditions. 
During the performance test, an owner or operator may operate the 
control or halogen reduction device at maximum or minimum representative 
operating conditions for monitored control or halogen reduction device 
parameters, whichever results in lower emission reduction. Operations 
during periods of start-up, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test.
    (ii) [Reserved]
    (iii) Combination of both continuous and batch unit operations. For 
a combination of both continuous and batch unit operations, performance 
tests shall be conducted at maximum representative operating conditions. 
For the purpose of conducting a performance test on a combined vent 
stream, maximum representative operating conditions shall be when batch 
emission episodes are occurring that result

[[Page 547]]

in the highest organic HAP emission rate (for the combined vent stream) 
that is achievable during the 6-month period that begins 3 months before 
and ends 3 months after the compliance assessment (e.g. TRE calculation, 
performance test) without causing any of the situations described in 
paragraphs (e)(1)(iii)(A) through (C) of this section.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (iv) Alternatives to performance test requirements. Performance 
tests shall be conducted and data shall be reduced in accordance with 
the test methods and procedures set forth in this subpart, in each 
relevant standard, and, if required, in applicable appendices of 40 CFR 
parts 51, 60, 61, and 63 unless the Administrator specifies one of the 
provisions in paragraphs (e)(1)(iv)(A) through (E) of this section.
    (A) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (B) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific regulated source is in compliance. The alternate 
method or data shall be validated using the applicable procedures of 
Method 301 of appendix A of 40 CFR part 63; or
    (C) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors; or
    (D) Waives the requirement for the performance test as specified in 
paragraph (b)(2) of this section because the owner or operator of a 
regulated source has demonstrated by other means to the Administrator's 
satisfaction that the regulated source is in compliance with the 
relevant standard; or
    (E) Approves the use of an equivalent method.
    (v) Performance test runs. Except as provided in paragraphs 
(e)(1)(v)(A) and (B) of this section, each performance test shall 
consist of three separate runs using the applicable test method. Each 
run shall be conducted for at least 1 hour and under the conditions 
specified in this section. For the purpose of determining compliance 
with an applicable standard, the arithmetic means of results of the 
three runs shall apply. In the event that a sample is accidentally lost 
or conditions occur in which one of the three runs must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other circumstances, 
beyond the owner or operator's control, compliance may, upon the 
Administrator's approval, be determined using the arithmetic mean of the 
results of the two other runs.
    (A) For control devices used to control emissions from transfer 
racks (except low throughput transfer racks that are capable of 
continuous vapor processing but do not handle continuous emissions or 
multiple loading arms of a transfer rack that load simultaneously), each 
run shall represent at least one complete tank truck or tank car loading 
period, during which regulated materials are loaded, and samples shall 
be collected using integrated sampling or grab samples taken at least 
four times per hour at approximately equal intervals of time, such as 
15-minute intervals.
    (B) For intermittent vapor processing systems used for controlling 
transfer rack emissions (except low throughput transfer racks that do 
not handle continuous emissions or multiple loading arms of a transfer 
rack that load simultaneously), each run shall represent at least one 
complete control device cycle, and samples shall be collected using 
integrated sampling or grab samples taken at least four times per hour 
at approximately equal intervals of time, such as 15-minute intervals.
    (2) Specific procedures. Where Sec. Sec.  63.985 through 63.995 
require the owner or operator to conduct a performance test of a control 
device, or a halogen reduction device, an owner or operator shall 
conduct that performance test using the procedures in paragraphs 
(e)(2)(i) through (iv) of this section, as applicable. The regulated 
material concentration and percent reduction may be

[[Page 548]]

measured as either total organic regulated material or as TOC minus 
methane and ethane according to the procedures specified.
    (i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60, 
appendix A, as appropriate, shall be used for selection of the sampling 
sites.
    (A) For determination of compliance with a percent reduction 
requirement of total organic regulated material or TOC, sampling sites 
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and 
(e)(2)(i)(A)(2) of this section, and at the outlet of the control 
device.
    (1) With the exceptions noted below in paragraphs (e)(2)(i)(A)(2) 
and (3), the control device inlet sampling site shall be located at the 
exit from the unit operation before any control device.
    (2) For process vents from continuous unit operations at affected 
sources in subcategories where the applicability criteria includes a TRE 
index value, the control device inlet sampling site shall be located 
after the final recovery device.
    (3) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic regulated material 
or TOC (minus methane and ethane) concentrations, as applicable, in all 
vent streams and primary and secondary fuels introduced into the boiler 
or process heater.
    (B) For determination of compliance with a parts per million by 
volume total regulated material or TOC limit in a referencing subpart, 
the sampling site shall be located at the outlet of the control device.
    (ii) Gas volumetric flow rate. The gas volumetric flow rate shall be 
determined using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, 
appendix A, as appropriate.
    (iii) Total organic regulated material or TOC concentration. To 
determine compliance with a parts per million by volume total organic 
regulated material or TOC limit, the owner or operator shall use Method 
18 or 25A of 40 CFR part 60, appendix A, as applicable. The ASTM D6420-
18 (incorporated by reference, see Sec.  63.14) may be used in lieu of 
Method 18 of 40 CFR part 60, appendix A, under the conditions specified 
in paragraphs (e)(2)(iii)(D)(1) through (3) of this section. 
Alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301 of appendix A to 
this part may be used. The procedures specified in paragraphs 
(e)(2)(iii)(A), (B), (D), and (E) of this section shall be used to 
calculate parts per million by volume concentration. The calculated 
concentration shall be corrected to 3 percent oxygen using the 
procedures specified in paragraph (e)(2)(iii)(C) of this section if a 
combustion device is the control device and supplemental combustion air 
is used to combust the emissions.
    (A) Sampling time. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the minimum 
sampling time for each run shall be 1 hour in which either an integrated 
sample or a minimum of four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (B) Concentration calculation. The concentration of either TOC 
(minus methane or ethane) or total organic regulated material shall be 
calculated according to paragraph (e)(2)(iii)(B) (1) or (2) of this 
section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR29JN99.001

Where:

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

    (2) The total organic regulated material (CREG) shall be 
computed according to Equation 2 in paragraph

[[Page 549]]

(e)(2)(iii)(B)(1) of this section except that only the regulated species 
shall be summed.
    (C) Concentration correction calculation. The concentration of TOC 
or total organic regulated material, as applicable, shall be corrected 
to 3 percent oxygen if a combustion device is the control device and 
supplemental combustion air is used to combust the emissions.
    (1) The emission rate correction factor (or excess air), integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A, or the manual method in ANSI/ASME PTC 19.10-1981--Part 10 
(incorporated by reference, see Sec.  63.14), shall be used to determine 
the oxygen concentration. The sampling site shall be the same as that of 
the organic regulated material or organic compound samples, and the 
samples shall be taken during the same time that the organic regulated 
material or organic compound samples are taken.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR29JN99.002

Where:

Cc = Concentration of TOC or organic regulated material 
          corrected to 3 percent oxygen, dry basis, parts per million by 
          volume.
Cm = Concentration of TOC (minus methane and ethane) or 
          organic regulated material, dry basis, parts per million by 
          volume.
%O2d = Concentration of oxygen, dry basis, percentage by 
          volume.

    (D) To measure the total organic regulated material concentration at 
the outlet of a control device, use Method 18 of 40 CFR part 60, 
appendix A, or ASTM D6420-18 (incorporated by reference, see Sec.  
63.14). If you have a combustion control device, you must first 
determine which regulated material compounds are present in the inlet 
gas stream using process knowledge or the screening procedure described 
in Method 18. In conducting the performance test, analyze samples 
collected at the outlet of the combustion control device as specified in 
Method 18 or ASTM D6420-18 for the regulated material compounds present 
at the inlet of the control device. The method ASTM D6420-18 may be used 
only under the conditions specified in paragraphs (e)(2)(iii)(D)(1) 
through (3) of this section.
    (1) If the target compounds are all known and are all listed in 
Section 1.1 of ASTM D6420-18 as measurable.
    (2) ASTM D6420-18 may not be used for methane and ethane.
    (3) ASTM D6420-18 may not be used as a total VOC method.
    (E) To measure the TOC concentration, use Method 18 of 40 CFR part 
60, appendix A, or use Method 25A of 40 CFR part 60, appendix A, 
according to the procedures in paragraphs (e)(2)(iii)(E)(1) through (4) 
of this section.
    (1) Calibrate the instrument on the predominant regulated material 
compound.
    (2) The test results are acceptable if the response from the high 
level calibration gas is at least 20 times the standard deviation for 
the response from the zero calibration gas when the instrument is zeroed 
on its most sensitive scale.
    (3) The span value of the analyzer must be less than 100 parts per 
million by volume.
    (4) Report the results as carbon, calculated according to Equation 
25A-1 of Method 25A of 40 CFR part 60, appendix A.
    (iv) Percent reduction calculation. To determine compliance with a 
percent reduction requirement, the owner or operator shall use Method 
18, 25, or 25A of 40 CFR part 60, appendix A, as applicable. The method 
ASTM D6420-18 (incorporated by reference, see Sec.  63.14) may be used 
in lieu of Method 18 of 40 CFR part 60, appendix A, under the conditions 
specified in paragraphs (e)(2)(iii)(D)(1) through (3) of this section. 
Alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301 of appendix A to 
this part may be used. The procedures specified in paragraphs 
(e)(2)(iv)(A) through (I) of this section shall be used to calculate 
percent reduction efficiency.
    (A) Sampling time. The minimum sampling time for each run shall be 1 
hour

[[Page 550]]

in which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (B) Mass rate of TOC or total organic regulated material. The mass 
rate of either TOC (minus methane and ethane) or total organic regulated 
material (EI, Eo) shall be computed as applicable.
    (1) Equations 4 and 5 shall be used.
    [GRAPHIC] [TIFF OMITTED] TR29JN99.003
    
    [GRAPHIC] [TIFF OMITTED] TR29JN99.004
    
Where:

    EI, Eo = Emission rate of TOC (minus methane 
and ethane) (ETOC) or emission rate of total organic 
regulated material (ERM) in the sample at the inlet and 
outlet of the control device, respectively, dry basis, kilogram per 
hour.
K2 = Constant, 2.494 x 10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram per gram) (minute per hour), where standard 
          temperature (gram-mole per standard cubic meter) is 20 [deg]C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of organic 
          compound j in parts per million by volume of the gas stream at 
          the inlet and outlet of the control device, respectively. If 
          the TOC emission rate is being calculated, Cij and 
          Coj include all organic compounds measured minus 
          methane and ethane; if the total organic regulated material 
          emissions rate is being calculated, only organic regulated 
          material are included.
Mij, Moj = Molecular weight of organic compound j, 
          gram per gram-mole, of the gas stream at the inlet and outlet 
          of the control device, respectively.
QI, Qo = Process vent flow rate, dry standard 
          cubic meter per minute, at a temperature of 20 [deg]C, at the 
          inlet and outlet of the control device, respectively.

    (2)-(3) [Reserved]
    (C) Percent reduction in TOC or total organic regulated material for 
continuous unit operations and a combination of both continuous and 
batch unit operations. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the percent 
reduction in TOC (minus methane and ethane) or total organic regulated 
material shall be calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR29JN99.005

Where:

R = Control efficiency of control device, percent.
EI = Mass rate of TOC (minus methane and ethane) or total 
          organic regulated material at the inlet to the control device 
          as calculated under paragraph (e)(2)(iv)(B) of this section, 
          kilograms TOC per hour or kilograms organic regulated material 
          per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
          organic regulated material at the outlet of the control 
          device, as calculated under paragraph (e)(2)(iv)(B) of this 
          section, kilograms TOC per hour or kilograms total organic 
          regulated material per hour.

    (D) Vent stream introduced with combustion air or as secondary fuel. 
If the vent stream entering a boiler or process heater with a design 
capacity less than 44 megawatts is introduced with the combustion air or 
as a secondary fuel, the weight-percent reduction of total organic 
regulated material or TOC (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic regulated material in all combusted vent streams and 
primary and secondary fuels with the TOC (minus methane and ethane) or 
total organic regulated material exiting the combustion device, 
respectively.
    (E) Transfer racks. Method 25A of 40 CFR part 60, appendix A, may 
also be used for the purpose of determining compliance with the percent 
reduction requirement for transfer racks.
    (1) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (CTOC), the principal 
organic regulated material in the vent stream shall be used as the 
calibration gas.
    (2) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.

[[Page 551]]

    (3) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (4) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR29JN99.006

Where:

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

    (5) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated using Equations 8 and 9 as 
follows:
[GRAPHIC] [TIFF OMITTED] TR29JN99.007

[GRAPHIC] [TIFF OMITTED] TR29JN99.008

Where:

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

    (F) To measure inlet and outlet concentrations of total organic 
regulated material, use Method 18 of 40 CFR part 60, appendix A, or ASTM 
D6420-18 (incorporated by reference, see Sec.  63.14), under the 
conditions specified in paragraphs (e)(2)(iii)(D)(1) through (3) of this 
section. In conducting the performance test, collect and analyze samples 
as specified in Method 18 or ASTM D6420-18. You must collect samples 
simultaneously at the inlet and outlet of the control device. If the 
performance test is for a combustion control device, you must first 
determine which regulated material compounds are present in the inlet 
gas stream (i.e., uncontrolled emissions) using process knowledge or the 
screening procedure described in Method 18. Quantify the emissions for 
the regulated material compounds present in the inlet gas stream for 
both the inlet and outlet gas streams for the combustion device.
    (G) To determine inlet and outlet concentrations of TOC, use Method 
25 of 40 CFR part 60, appendix A. Measure the total gaseous non-methane 
organic (TGNMO) concentration of the inlet and outlet vent streams using 
the procedures of Method 25. Use the TGNMO concentration in Equations 4 
and 5 of paragraph (e)(2)(iv)(B) of this section.
    (H) Method 25A of 40 CFR part 60, appendix A, may be used instead of 
Method 25 to measure inlet and outlet concentrations of TOC if the 
condition in either paragraph (e)(2)(iv)(H)(1) or (2) of this section is 
met.
    (1) The concentration at the inlet to the control system and the 
required level of control would result in exhaust TGNMO concentrations 
of 50 parts per million by volume or less.
    (2) Because of the high efficiency of the control device, the 
anticipated TGNMO concentration of the control device exhaust is 50 
parts per million by volume or less, regardless of the inlet 
concentration.
    (I) If the uncontrolled or inlet gas stream to the control device 
contains formaldehyde, you must conduct emissions testing according to 
paragraphs (e)(2)(iv)(I)(1) through (3) of this section.
    (1) Except as specified in paragraph (e)(2)(iv)(I)(3) of this 
section, if you elect to comply with a percent reduction requirement and 
formaldehyde is the principal regulated material compound (i.e., greater 
than 50 percent of the regulated material compounds in the stream by 
volume), you must use

[[Page 552]]

Method 316 or 320 of appendix A to this part, to measure formaldehyde at 
the inlet and outlet of the control device. Use the percent reduction in 
formaldehyde as a surrogate for the percent reduction in total regulated 
material emissions.
    (2) Except as specified in paragraph (e)(2)(iv)(I)(3) of this 
section, if you elect to comply with an outlet total organic regulated 
material concentration or TOC concentration limit, and the uncontrolled 
or inlet gas stream to the control device contains greater than 10 
percent (by volume) formaldehyde, you must use Method 316 or 320 of 
appendix A to this part, to separately determine the formaldehyde 
concentration. Calculate the total organic regulated material 
concentration or TOC concentration by totaling the formaldehyde 
emissions measured using Method 316 or 320 and the other regulated 
material compound emissions measured using Method 18 or 25/25A of 40 CFR 
part 60, appendix A.
    (3) You may elect to use ASTM D6348-12e1 (incorporated by reference, 
Sec.  63.14) in lieu of Method 316 or 320 of appendix A to this part as 
specified in paragraph (e)(2)(iv)(I)(1) or (2) of this section. To 
comply with this paragraph, the test plan preparation and implementation 
in the Annexes to ASTM D6348-03 (incorporated by reference, see Sec.  
63.14) Sections Al through A8 are mandatory; the percent (%) R must be 
determined for each target analyte using Equation A5.5 of ASTM D6348-03 
Annex A5 (Analyte Spiking Technique); and in order for the test data to 
be acceptable for a compound, the %R must be 70% = R <= 130%. 
If the %R value does not meet this criterion for a target compound, then 
the test data is not acceptable for that compound and the test must be 
repeated for that analyte (i.e., the sampling and/or analytical 
procedure should be adjusted before a retest). The %R value for each 
compound must be reported in the test report, and all field measurements 
must be corrected with the calculated %R value for that compound by 
using the following equation:

Reported Results = (Measured Concentration in the Stack x 100)/%R.
    (3) An owner or operator using a halogen scrubber or other halogen 
reduction device to control process vent and transfer rack halogenated 
vent streams in compliance with a referencing subpart, who is required 
to conduct a performance test to determine compliance with a control 
efficiency or emission limit for hydrogen halides and halogens, shall 
follow the procedures specified in paragraphs (e)(3) (i) through (iv) of 
this section.
    (i) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator determining compliance with a kilogram per hour outlet emission 
limit for total hydrogen halides and halogens, the sampling site shall 
be located at the outlet of the scrubber or other halogen reduction 
device and prior to any releases to the atmosphere.
    (ii) Except as provided in paragraph (e)(1)(iv) of this section, 
Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic meter, 
of total hydrogen halides and halogens that may be present in the vent 
stream. The mass emissions of each hydrogen halide and halogen compound 
shall be calculated from the measured concentrations and the gas stream 
flow rate.
    (iii) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The mass 
emissions of the compounds present at the outlet of the scrubber or 
other halogen reduction device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (iv) To demonstrate compliance with a kilogram per hour outlet 
emission limit, the test results must show that the mass emission rate 
of total hydrogen halides and halogens measured at the outlet of the 
scrubber or other halogen reduction device is below the

[[Page 553]]

kilogram per hour outlet emission limit specified in a referencing 
subpart.

[64 FR 34866, June 29, 1999, as amended at 67 FR 46277, July 12, 2002; 
85 FR 40418, July 6, 2020]



Sec.  63.998  Recordkeeping requirements.

    (a) Compliance assessment, monitoring, and compliance records--(1) 
Conditions of flare compliance assessment, monitoring, and compliance 
records. Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of flare compliance assessments performed pursuant to Sec.  
63.987(b).
    (i) Flare compliance assessment records. When using a flare to 
comply with this subpart, record the information specified in paragraphs 
(a)(1)(i)(A) through (C) of this section for each flare compliance 
assessment performed pursuant to Sec.  63.987(b). As specified in Sec.  
63.999(a)(2)(iii)(A), the owner or operator shall include this 
information in the flare compliance assessment report.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
flare compliance assessment; and
    (C) All periods during the flare compliance assessment when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (ii) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the monitor is 
continuously operating and whether the flare flame or at least one pilot 
flame is continuously present. For transfer racks, hourly records are 
required only while the transfer rack vent stream is being vented.
    (iii) Compliance records. (A) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame or all the pilot flames are absent. This record shall be submitted 
in the periodic reports as specified in Sec.  63.999(c)(3).
    (B) Each owner or operator shall keep records of the times and 
durations of all periods during which the monitor is not operating.
    (2) Nonflare control device performance test records. (i) 
Availability of performance test records. Upon request, the owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of performance tests performed 
pursuant to Sec.  63.988(b), Sec.  63.990(b), Sec.  63.994(b), or Sec.  
63.995(b).
    (ii) Nonflare control device and halogen reduction device 
performance test records.
    (A) General requirements. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
continuous records of the data specified in paragraphs (a)(2)(ii)(B) 
through (C) of this section, as applicable, measured during each 
performance test performed pursuant to Sec.  63.988(b), Sec.  63.990(b), 
Sec.  63.994(b), or Sec.  63.995(b), and also include that data in the 
Notification of Compliance Status required under Sec.  63.999(b). The 
same data specified in this section shall be submitted in the reports of 
all subsequently required performance tests where either the emission 
control efficiency of a combustion device, or the outlet concentration 
of TOC or regulated material is determined.
    (B) Nonflare combustion device. Where an owner or operator subject 
to the provisions of this paragraph seeks to demonstrate compliance with 
a percent reduction requirement or a parts per million by volume 
requirement using a nonflare combustion device the information specified 
in (a)(2)(ii)(B)(1) through (6) of this section shall be recorded.
    (1) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (2) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
averaged over the full period of the performance test.
    (3) For a boiler or process heater with a design heat input capacity 
less than 44 megawatts and a vent stream that is not introduced with or 
as the primary fuel, record the fire box temperature averaged over the 
full period of the performance test.

[[Page 554]]

    (4) For an incinerator, record the percent reduction of organic 
regulated material, if applicable, or TOC achieved by the incinerator 
determined as specified in Sec.  63.997(e)(2)(iv), as applicable, or the 
concentration of organic regulated material (parts per million by 
volume, by compound) determined as specified in Sec.  63.997(e)(2)(iii) 
at the outlet of the incinerator.
    (5) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (6) For a boiler or process heater with a design heat input capacity 
of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, record the percent reduction of organic 
regulated material or TOC, or the concentration of regulated material or 
TOC (parts per million by volume, by compound) determined as specified 
in Sec.  63.997(e)(2)(iii) at the outlet of the combustion device.
    (C) Other nonflare control devices. Where an owner or operator seeks 
to use an absorber, condenser, or carbon adsorber as a control device, 
the information specified in paragraphs (a)(2)(ii)(C)(1) through (5) of 
this section shall be recorded, as applicable.
    (1) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
averaged over the same time period as the performance test (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is used as the control device, the average 
exit (product side) temperature averaged over the same time period as 
the performance test while the vent stream is routed and constituted 
normally; or
    (3) Where a carbon adsorber is used as the control device, the total 
regeneration stream mass flow during each carbon-bed regeneration cycle 
during the period of the performance test, and temperature of the 
carbon-bed after each regeneration during the period of the performance 
test (and within 15 minutes of completion of any cooling cycle or 
cycles; or
    (4) As an alternative to paragraph (a)(2)(ii)(C)(1), (2), or (3) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the performance 
test while the vent stream is normally routed and constituted.
    (5) For an absorber, condenser, or carbon adsorber used as a control 
device, the percent reduction of regulated material achieved by the 
control device or concentration of regulated material (parts per million 
by volume, by compound) at the outlet of the control device.
    (D) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (a)(2)(ii)(D)(1) through (3) of this 
section.
    (1) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec.  63.997(e)(3).
    (2) The pH of the scrubber effluent averaged over the time period of 
the performance test; and
    (3) The scrubber liquid-to-gas ratio averaged over the time period 
of the performance test.
    (3) Recovery device monitoring records during TRE index value 
determination. For process vents that require control of emissions under 
a referencing subpart, owners or operators using a recovery device to 
maintain a TRE above a level specified in the referencing subpart shall 
maintain the continuous records specified in paragraph (a)(3)(i) through 
(v) of this section, as applicable, and submit reports as specified in 
Sec.  63.999(a)(2)(iii)(C).
    (i) Where an absorber is the final recovery device in the recovery 
system and the saturated scrubbing fluid and specific gravity of the 
scrubbing fluid is greater than or equal to 0.02 specific gravity units, 
the exit specific gravity (or alternative parameter that is a measure of 
the degree of absorbing liquid saturation if approved by the 
Administrator) and average exit temperature of the absorbing liquid 
averaged over the same time period as the TRE index value determination 
(both measured while the vent stream is normally routed and 
constituted); or

[[Page 555]]

    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature averaged over the 
same time period as the TRE index value determination while the vent 
stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each regeneration 
during the period of the TRE index value determination (and within 15 
minutes of completion of any cooling cycle or cycles); or
    (iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the TRE index 
value determination while the vent stream is normally routed and 
constituted.
    (v) All measurements and calculations performed to determine the TRE 
index value of the vent stream as specified in a referencing subpart.
    (4) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures specified in a 
referencing subpart. Submit this record in the Notification of 
Compliance Status, as specified in Sec.  63.999(b)(4). If the owner or 
operator designates the vent stream as halogenated, then this shall be 
recorded and reported in the Notification of Compliance Status report.
    (b) Continuous records and monitoring system data handling--(1) 
Continuous records. Where this subpart requires a continuous record, the 
owner or operator shall maintain a record as specified in paragraphs 
(b)(1)(i) through (iv) of this section, as applicable:
    (i) A record of values measured at least once every 15 minutes or 
each measured value for systems which measure more frequently than once 
every 15 minutes; or
    (ii) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute.
    (iii) Where data is collected from an automated continuous parameter 
monitoring system, the owner or operator may calculate and retain block 
hourly average values from each 15-minute block average period or from 
at least one measured value per minute if measured more frequently than 
once per minute, and discard all but the most recent three valid hours 
of continuous (15-minute or shorter) records, if the hourly averages do 
not exclude periods of CPMS breakdown or malfunction. An automated CPMS 
records the measured data and calculates the hourly averages through the 
use of a computerized data acquisition system.
    (iv) A record as required by an alternative approved under a 
referencing subpart.
    (2) Excluded data. Monitoring data recorded during periods 
identified in paragraphs (b)(2)(i) through (iii) of this section shall 
not be included in any average computed to determine compliance with an 
emission limit in a referencing subpart.
    (i) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (ii) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (iii) Startups, shutdowns, and malfunctions, if the owner or 
operator operates the source during such periods in accordance with 
Sec.  63.1111(a) and maintains the records specified in paragraph (d)(3) 
of this section.
    (3) Records of daily averages. In addition to the records specified 
in paragraph (a), owners or operators shall keep records as specified in 
paragraphs (b)(3)(i) and (ii) of this section and submit reports as 
specified in Sec.  63.999(c), unless an alternative recordkeeping system 
has been requested and approved under a referencing subpart.
    (i) Except as specified in paragraph (b)(3)(ii) of this section, 
daily average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of

[[Page 556]]

paragraph (b)(2) of this section for each operating day and retained for 
5 years.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
period of operation per operating day if operation is not continuous 
(e.g., for transfer racks the average shall cover periods of loading). 
If values are measured more frequently than once per minute, a single 
value for each minute may be used to calculate the daily average instead 
of all measured values.
    (B) The operating day shall be the period defined in the operating 
permit or in the Notification of Compliance Status. It may be from 
midnight to midnight or another daily period.
    (ii) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or in the operating permit, the owner or operator may 
record that all values were within the range and retain this record for 
5 years rather than calculating and recording a daily average for that 
operating day. In such cases, the owner or operator may not discard the 
recorded values as allowed in paragraph (b)(1)(iii) of this section.
    (4) [Reserved]
    (5) Alternative recordkeeping. For any parameter with respect to any 
item of equipment associated with a process vent or transfer rack 
(except low throughput transfer loading racks), the owner or operator 
may implement the recordkeeping requirements in paragraphs (b)(5)(i) or 
(ii) of this section as alternatives to the recordkeeping provisions 
listed in paragraphs (b)(1) through (3) of this section. The owner or 
operator shall retain each record required by paragraphs (b)(5)(i) or 
(ii) of this section as provided in a referencing subpart.
    (i) The owner or operator may retain only the daily average value, 
and is not required to retain more frequently monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (b)(5)(i)(A) through (F) of 
this section are met. The owner or operator shall notify the 
Administrator in the Notification of Compliance Status as specified in 
Sec.  63.999(b)(5) or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of this paragraph, as specified in 
Sec.  63.999(c)(6)(iv).
    (A) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns or malfunctions (e.g., a temperature reading of -200 [deg]C on 
a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single occurrence.
    (B) The monitoring system generates a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (b)(5)(i)(B)(1) through (3) of this section. All instances in 
an operating day constitute a single occurrence.
    (1) The running average is above the maximum or below the minimum 
established limits;
    (2) The running average is based on at least six one-hour average 
values; and
    (3) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (C) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (e.g., 
pH in some scrubbers), and will alert the operator by alarm or other 
means. The owner or operator shall record the occurrence. All instances 
of the alarm or other alert in an operating day constitute a single 
occurrence.
    (D) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value

[[Page 557]]

calculated under paragraph (b)(5)(i)(B) of this section reaches a set 
point that is appropriately related to the established limit for the 
parameter that is being monitored.
    (E) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (b)(5)(i) of this section, at the times specified in 
paragraphs (b)(5)(i)(E)(1) through (3) of this section. The owner or 
operator shall document that the required verifications occurred.
    (1) Upon initial installation.
    (2) Annually after initial installation.
    (3) After any change to the programming or equipment constituting 
the monitoring system that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (F) The owner or operator shall retain the records identified in 
paragraphs (b)(5)(i)(F)(1) through (4) of this section.
    (1) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (b)(5)(i) of this section.
    (2) A description of the applicable monitoring system(s), and of how 
compliance will be achieved with each requirement of paragraph 
(b)(5)(i)(A) through (E) of this section. The description shall identify 
the location and format (e.g., on-line storage; log entries) for each 
required record. If the description changes, the owner or operator shall 
retain both the current and the most recent superseded description. The 
description, and the most recent superseded description, shall be 
retained as provided in the subpart that references this subpart, except 
as provided in paragraph (b)(5)(i)(F)(1) of this section.
    (3) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (b)(5)(i) of this section.
    (4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) of 
this section shall retain the current description of the monitoring 
system as long as the description is current, but not less than 5 years 
from the date of its creation. The current description shall be retained 
on-site at all times or be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain the most recent superseded 
description at least until 5 years from the date of its creation. The 
superseded description shall be retained on-site (or accessible from a 
central location by computer that provides access within 2 hours after a 
request) at least 6 months after being superseded. Thereafter, the 
superseded description may be stored off-site.
    (ii) If an owner or operator has elected to implement the 
requirements of paragraph (b)(5)(i) of this section, and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (b)(6)(i) of this section, the owner or operator is no longer 
required to record the daily average value for that parameter for that 
unit of equipment, for any operating day when the daily average value is 
less than the maximum, or greater than the minimum established limit. 
With approval by the Administrator, monitoring data generated prior to 
the compliance date of this subpart shall be credited toward the period 
of 6 consecutive months, if the parameter limit and the monitoring were 
required and/or approved by the Administrator.
    (A) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the next 
Periodic Report, as specified in Sec.  63.999(c)(6)(i). The notification 
shall identify the parameter and unit of equipment.
    (B) If there is an excursion as defined in paragraph (b)(6)(i) of 
this section on any operating day after the owner or operator has ceased 
recording daily averages as provided in paragraph (b)(5)(ii) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each operating day, and shall notify the 
Administrator in the next Periodic Report, as specified in Sec.  
63.999(c). The

[[Page 558]]

owner or operator shall continue to retain each daily average value 
until another period of 6 consecutive months has passed without an 
excursion as defined in paragraph (b)(6)(i) of this section.
    (C) The owner or operator shall retain the records specified in 
paragraphs (b)(5)(i)(A) through (F) of this section for the duration 
specified in a referencing subpart. For any week, if compliance with 
paragraphs (b)(5)(i)(A) through (D) of this section does not result in 
retention of a record of at least one occurrence or measured parameter 
value, the owner or operator shall record and retain at least one 
parameter value during a period of operation other than a start-up, 
shutdown, or malfunction.
    (6)(i) For the purposes of this section, an excursion means that the 
daily average value of monitoring data for a parameter is greater than 
the maximum, or less than the minimum established value, except as 
provided in paragraphs (b)(6)(i)(A) and (B) of this section.
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion if the owner or 
operator operates the source during such periods in accordance with 
Sec.  63.1111(a) and maintains the records specified in paragraph (d)(3) 
of this section.
    (B) An excused excursion, as described in paragraph (b)(6)(ii), does 
not count toward the number of excursions for the purposes of this 
subpart.
    (ii) One excused excursion for each control device or recovery 
device for each semiannual period is allowed. If a source has developed 
a startup, shutdown and malfunction plan, and a monitored parameter is 
outside its established range or monitoring data are not collected 
during periods of start-up, shutdown, or malfunction (and the source is 
operated during such periods in accordance with Sec.  63.1111(a)) or 
during periods of nonoperation of the process unit or portion thereof 
(resulting in cessation of the emissions to which monitoring applies), 
then the excursion is not a violation and, in cases where continuous 
monitoring is required, the excursion does not count as the excused 
excursion for determining compliance.
    (c) Nonflare control and recovery device regulated source monitoring 
records--(1) Monitoring system records. For process vents and high 
throughput transfer racks, the owner or operator subject to this subpart 
shall keep the records specified in this paragraph, as well as records 
specified elsewhere in this subpart.
    (i) For a CPMS used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (ii) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (c)(ii)(A) through (H) of this 
section, as indicated in a referencing subpart.
    (A) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (B) The ``as found'' and ``as left'' CPMS readings, whenever an 
adjustment is made that affects the CPMS reading and a ``no adjustment'' 
statement otherwise.
    (C) The start time and duration or start and stop times of any 
periods when the CPMS is inoperative.
    (D) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of CPMS used to comply with this subpart 
during which excess emissions (as defined in a referencing subpart) 
occur.
    (E) For each start-up, shutdown, and malfunction during which excess 
emissions as defined in a referencing subpart occur, records whether the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan were followed, and documentation of actions taken that are not 
consistent with the plan. These records may take the form of a 
``checklist,'' or other form of recordkeeping that confirms conformance 
with the start-up, shutdown, and malfunction plan for the event.
    (F) Records documenting each start-up, shutdown, and malfunction 
event.
    (G) Records of CPMS start-up, shutdown, and malfunction event that 
specify that there were no excess emissions during the event, as 
applicable.
    (H) Records of the total duration of operating time.
    (2) Combustion control and halogen reduction device monitoring 
records. (i)

[[Page 559]]

Each owner or operator using a combustion control or halogen reduction 
device to comply with this subpart shall keep the following records up-
to-date and readily accessible, as applicable. Continuous records of the 
equipment operating parameters specified to be monitored under 
Sec. Sec.  63.988(c) (incinerator, boiler, and process heater 
monitoring), 63.994(c) (halogen reduction device monitoring), and 
63.995(c) (other combustion systems used as control device monitoring) 
or approved by the Administrator in accordance with a referencing 
subpart.
    (ii) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in paragraph (b)(3)(i) 
of this section. For catalytic incinerators, record the daily average of 
the temperature upstream of the catalyst bed and the daily average of 
the temperature differential across the bed. For halogen scrubbers 
record the daily average pH and the liquid-to-gas ratio.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec.  63.996(c)(6).
    (3) Monitoring records for recovery devices, absorbers, condensers, 
carbon adsorbers or other noncombustion systems used as control devices. 
(i) Each owner or operator using a recovery device to achieve and 
maintain a TRE index value greater than the control applicability level 
specified in the referencing subpart but less than 4.0 or using an 
absorber, condenser, carbon adsorber or other non-combustion system as a 
control device shall keep readily accessible, continuous records of the 
equipment operating parameters specified to be monitored under 
Sec. Sec.  63.990(c) (absorber, condenser, and carbon adsorber 
monitoring), 63.993(c) (recovery device monitoring), or 63.995(c) (other 
noncombustion systems used as a control device monitoring) or as 
approved by the Administrator in accordance with a referencing subpart. 
For transfer racks, continuous records are required while the transfer 
vent stream is being vented.
    (ii) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in paragraph (b)(3)(i) 
of this section. If carbon adsorber regeneration stream flow and carbon 
bed regeneration temperature are monitored, the records specified in 
paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead 
of the daily averages.
    (A) Records of total regeneration stream mass or volumetric flow for 
each carbon-bed regeneration cycle.
    (B) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec.  63.996(c)(6).
    (d) Other records--(1) Closed vent system records. For closed vent 
systems the owner or operator shall record the information specified in 
paragraphs (d)(1)(i) through (iv) of this section, as applicable.
    (i) For closed vent systems collecting regulated material from a 
regulated source, the owner or operator shall record the identification 
of all parts of the closed vent system, that are designated as unsafe or 
difficult to inspect, an explanation of why the equipment is unsafe or 
difficult to inspect, and the plan for inspecting the equipment required 
by Sec.  63.983(b)(2)(ii) or (iii) of this section.
    (ii) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the information 
specified in either paragraph (d)(1)(ii)(A) or (B) of this section, as 
applicable.
    (A) Hourly records of whether the flow indicator specified under 
Sec.  63.983(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when

[[Page 560]]

the vent stream is diverted from the control device or the flow 
indicator is not operating.
    (B) Where a seal mechanism is used to comply with Sec.  
63.983(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done, and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has 
been broken.
    (iii) For a closed vent system collecting regulated material from a 
regulated source, when a leak is detected as specified in Sec.  
63.983(d)(2), the information specified in paragraphs (d)(1)(iii)(A) 
through (F) of this section shall be recorded and kept for 5 years.
    (A) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (B) The date the leak was detected and the date of the first attempt 
to repair the leak.
    (C) The date of successful repair of the leak.
    (D) The maximum instrument reading measured by the procedures in 
Sec.  63.983(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (E) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 days after discovery of the leak. The owner or 
operator may develop a written procedure that identifies the conditions 
that justify a delay of repair. In such cases, reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (F) Copies of the Periodic Reports as specified in Sec.  63.999(c), 
if records are not maintained on a computerized database capable of 
generating summary reports from the records.
    (iv) For each instrumental or visual inspection conducted in 
accordance with Sec.  63.983(b)(1) for closed vent systems collecting 
regulated material from a regulated source during which no leaks are 
detected, the owner or operator shall record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (2) Storage vessel and transfer rack records. An owner or operator 
shall keep readily accessible records of the information specified in 
paragraphs (d)(2)(i) and (ii) of this section, as applicable.
    (i) A record of the measured values of the parameters monitored in 
accordance with Sec.  63.985(c) or Sec.  63.987(c).
    (ii) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Sec.  63.983(a), Sec.  63.985(a), or Sec.  
63.987(a), as applicable, due to the planned routine maintenance. Such a 
record shall include the information specified in paragraphs 
(d)(2)(ii)(A) through (C) of this section. This information shall be 
submitted in the Periodic Reports as specified in Sec.  63.999(c)(4).
    (A) The first time of day and date the requirements of Sec.  
63.983(a), Sec.  63.985(a), or Sec.  63.987(a), as applicable, were not 
met at the beginning of the planned routine maintenance, and
    (B) The first time of day and date the requirements of Sec.  
63.983(a), Sec.  63.985(a), or Sec.  63.987(a), as applicable, were met 
at the conclusion of the planned routine maintenance.
    (C) A description of the type of maintenance performed.
    (3) Regulated source and control equipment start-up, shutdown and 
malfunction records. (i) Records of the occurrence and duration of each 
start-up, shutdown, and malfunction of operation of process equipment or 
of air pollution control equipment used to comply with this part during 
which excess emissions (as defined in a referencing subpart) occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions occur, records that the procedures specified in the 
source's start-up, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
For example, if a start-up, shutdown, and malfunction plan includes 
procedures for routing control device emissions to a backup control 
device (e.g., the incinerator for a halogenated

[[Page 561]]

stream could be routed to a flare during periods when the primary 
control device is out of service), records must be kept of whether the 
plan was followed. These records may take the form of a ``checklist,'' 
or other form of recordkeeping that confirms conformance with the start-
up, shutdown, and malfunction plan for the event.
    (4) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(4)(i) and (ii) of 
this section for closed vent systems and control devices if specified by 
the equipment leak provisions in a referencing subpart. The records 
specified in paragraph (d)(4)(i) of this section shall be retained for 
the life of the equipment. The records specified in paragraph (d)(4)(ii) 
of this section shall be retained for 5 years.
    (i) The design specifications and performance demonstrations 
specified in paragraphs (d)(4)(i)(A) through (C) of this section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) A description of the parameter or parameters monitored, as 
required in a referencing subpart, to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (ii) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this 
section.
    (A) Dates and durations when the closed vent systems and control 
devices required are not operated as designed as indicated by the 
monitored parameters.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of start-ups and shutdowns of control 
devices required in this subpart.
    (5) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Notification of Compliance Status report. This information shall 
also be reported in the Periodic Report.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 
71 FR 20458, Apr. 20, 2006]



Sec.  63.999  Notifications and other reports.

    (a) Performance test and flare compliance assessment notifications 
and reports--(1) General requirements. General requirements for 
performance test and flare compliance assessment notifications and 
reports are specified in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test or flare compliance assessment 
at least 30 days before such a compliance demonstration is scheduled to 
allow the Administrator the opportunity to have an observer present. If 
after 30 days notice for such an initially scheduled compliance 
demonstration, there is a delay (due to operational problems, etc.) in 
conducting the scheduled compliance demonstration, the owner or operator 
of an affected facility shall notify the Administrator as soon as 
possible of any delay in the original demonstration date. The owner or 
operator shall provide at least 7 days prior notice of the rescheduled 
date of the compliance demonstration, or arrange a rescheduled date with 
the Administrator by mutual agreement.
    (ii) Unless specified differently in this subpart or a referencing 
subpart, performance test and flare compliance assessment reports, not 
submitted as part of a Notification of Compliance Status report, shall 
be submitted to the Administrator within 60 days of completing the test 
or determination.
    (iii) Any application for a waiver of an initial performance test or 
flare compliance assessment, as allowed by Sec.  63.997(b)(2), shall be 
submitted no later than 90 days before the performance test or 
compliance assessment is required. The application for a waiver shall 
include information justifying the owner or operator's request for a

[[Page 562]]

waiver, such as the technical or economic infeasibility, or the 
impracticality, of the source performing the test.
    (iv) Any application to substitute a prior performance test or 
compliance assessment for an initial performance test or compliance 
assessment, as allowed by Sec.  63.997(b)(1), shall be submitted no 
later than 90 days before the performance test or compliance test is 
required. The application for substitution shall include information 
demonstrating that the prior performance test or compliance assessment 
was conducted using the same methods specified in Sec.  63.997(e) or 
Sec.  63.987(b)(3), as applicable. The application shall also include 
information demonstrating that no process changes have been made since 
the test, or that the results of the performance test or compliance 
assessment reliably demonstrate compliance despite process changes.
    (2) Performance test and flare compliance assessment report 
submittal and content requirements. Performance test and flare 
compliance assessment reports shall be submitted as specified in 
paragraphs (a)(2)(i) through (iii) of this section.
    (i) For performance tests or flare compliance assessments, the 
Notification of Compliance Status or performance test and flare 
compliance assessment report shall include one complete test report as 
specified in paragraph (a)(2)(ii) of this section for each test method 
used for a particular kind of emission point and other applicable 
information specified in (a)(2)(iii) of this section. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other information required in applicable 
sections of this subpart shall be submitted, but a complete test report 
is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and laboratory 
analyses, documentation of calculations, and any other information 
required by the test method.
    (iii) The performance test or flare compliance assessment report 
shall also include the information specified in (a)(2)(iii)(A) through 
(C) of this section, as applicable.
    (A) For flare compliance assessments, the owner or operator shall 
submit the records specified in Sec.  63.998(a)(1)(i).
    (B) For nonflare control device and halogen reduction device 
performance tests as required under Sec.  63.988(b), Sec.  63.990(b), 
Sec.  63.994(b), or Sec.  63.995(b), also submit the records specified 
in Sec.  63.998(a)(2)(ii), as applicable.
    (C) For recovery devices also submit the records specified in Sec.  
63.998(a)(3), as applicable.
    (b) Notification of Compliance Status--(1) Routing storage vessel or 
transfer rack emissions to a process or fuel gas system. An owner or 
operator who elects to comply with Sec.  63.982 by routing emissions 
from a storage vessel or transfer rack to a process or to a fuel gas 
system, as specified in Sec.  63.984, shall submit as part of the 
Notification of Compliance Status the information specified in 
paragraphs (b)(1)(i) and (ii), or (iii) of this section, as applicable.
    (i) If storage vessels emissions are routed to a process, the owner 
or operator shall submit the information specified in Sec.  63.984(b)(2) 
and (3).
    (ii) As specified in Sec.  63.984(c), if storage vessels emissions 
are routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to the fuel gas system 
and whether the conveyance system is subject to the requirements of 
Sec.  63.983.
    (iii) As specified in Sec.  63.984(c), report that the transfer rack 
emission stream is being routed to a fuel gas system or process, when 
complying with a referencing subpart.
    (2) Routing storage vessel or low throughput transfer rack emissions 
to a nonflare control device. An owner or operator who elects to comply 
with Sec.  63.982 by routing emissions from a storage vessel or low 
throughput transfer rack to a nonflare control device, as specified in 
Sec.  63.985, shall submit, with the Notification of Compliance Status

[[Page 563]]

required by a referencing subpart, the applicable information specified 
in paragraphs (b)(2)(i) through (vi) of this section. Owners and 
operators who elect to comply with Sec.  63.985(b)(1)(i) by submitting a 
design evaluation shall submit the information specified in paragraphs 
(b)(2)(i) through (iv) of this section. Owners and operators who elect 
to comply with Sec.  63.985(b)(1)(ii) by submitting performance test 
results from a control device for a storage vessel or low throughput 
transfer rack shall submit the information specified in paragraphs 
(b)(2)(i), (ii), (iv), and (v) of this section. Owners and operators who 
elect to comply with Sec.  63.985(b)(1)(ii) by submitting performance 
test results from a shared control device shall submit the information 
specified in paragraph (b)(2)(vi) of this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (e.g., when the liquid level in the storage vessel is being 
raised). If continuous records are specified, indicate whether the 
provisions of Sec.  63.999(c)(6) apply.
    (ii) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec.  63.985(c)(1). The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (iii) The documentation specified in Sec.  63.985(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation.
    (iv) The provisions of paragraph (c)(6) of this section do not apply 
to any low throughput transfer rack for which the owner or operator has 
elected to comply with Sec.  63.985 or to any storage vessel for which 
the owner or operator is not required, by the applicable monitoring plan 
established under Sec.  63.985(c)(1), to keep continuous records. If 
continuous records are required, the owner or operator shall specify in 
the monitoring plan whether the provisions of paragraph (c)(6) of this 
section apply.
    (v) A summary of the results of the performance test described in 
Sec.  63.985(b)(1)(ii). If such a performance test is conducted, submit 
the results of the performance test, including the information specified 
in Sec.  63.999(a)(2)(ii) and (iii).
    (vi) Identification of the storage vessel or transfer rack and 
control device for which the performance test will be submitted, and 
identification of the emission point(s), if any, that share the control 
device with the storage vessel or transfer rack and for which the 
performance test will be conducted.
    (3) Operating range for monitored parameters. The owner or operator 
shall submit as part of the Notification of Compliance Status, the 
operating range for each monitoring parameter identified for each 
control, recovery, or halogen reduction device as determined pursuant to 
Sec.  63.996(c)(6). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include the 
information in paragraphs (b)(3)(i) through (iii) of this section, as 
applicable, unless the range and the operating day have been established 
in the operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range indicates proper operation 
of the control, recovery, or halogen reduction device, as specified in 
paragraphs (b)(3)(ii)(A), (B), or (C) of this section, as applicable.
    (A) If a performance test or TRE index value determination is 
required by a referencing subpart for a control, recovery or halogen 
reduction device, the range shall be based on the parameter values 
measured during the TRE index value determination or performance test 
and may be supplemented by engineering assessments and/or manufacturer's 
recommendations. TRE index value determinations and performance testing 
are not required to be conducted over the entire range of permitted 
parameter values.

[[Page 564]]

    (B) If a performance test or TRE index value determination is not 
required by a referencing subpart for a control, recovery, or halogen 
reduction device, the range may be based solely on engineering 
assessments and/or manufacturer's recommendations.
    (C) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (4) Halogen reduction device. The owner or operator shall submit as 
part of the Notification of Compliance Status the information recorded 
pursuant to Sec.  63.998(a)(4).
    (5) Alternative recordkeeping. The owner or operator shall notify 
the Administrator in the Notification of Compliance Status if the 
alternative recordkeeping requirements of Sec.  63.998(b)(5) are being 
implemented. If the Notification of Compliance Status has already been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as specified in 
paragraph (c)(6)(iv) of this section.
    (c) Periodic reports. (1) Periodic reports shall include the 
reporting period dates, the total source operating time for the 
reporting period, and, as applicable, all information specified in this 
section and in the referencing subpart, including reports of periods 
when monitored parameters are outside their established ranges.
    (2) For closed vent systems subject to the requirements of Sec.  
63.983, the owner or operator shall submit as part of the periodic 
report the information specified in paragraphs (c)(2)(i) through (iii) 
of this section, as applicable.
    (i) The information recorded in Sec.  63.998(d)(1)(iii)(B) through 
(E);
    (ii) Reports of the times of all periods recorded under Sec.  
63.998(d)(1)(ii)(A) when the vent stream is diverted from the control 
device through a bypass line; and
    (iii) Reports of all times recorded under Sec.  63.998(d)(1)(ii)(B) 
when maintenance is performed in car-sealed valves, when the seal is 
broken, when the bypass line valve position is changed, or the key for a 
lock-and-key type configuration has been checked out.
    (3) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec.  63.998(a)(1)(i)(C).
    (4) For storage vessels, the owner or operator shall include in each 
periodic report required the information specified in paragraphs 
(c)(4)(i) through (iii) of this section.
    (i) For the 6-month period covered by the periodic report, the 
information recorded in Sec.  63.998(d)(2)(ii)(A) through (C).
    (ii) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Sec.  63.983(a), Sec.  
63.985(a), or Sec.  63.987(a) due to planned routine maintenance.
    (iii) A description of the planned routine maintenance during the 
next 6-month periodic reporting period that is anticipated to be 
performed for the control system when it is not expected to meet the 
required control efficiency. This description shall include the type of 
maintenance necessary, planned frequency of maintenance, and expected 
lengths of maintenance periods.
    (5) If a control device other than a flare is used to control 
emissions from storage vessels or low throughput transfer racks, the 
periodic report shall describe each occurrence when the monitored 
parameters were outside of the parameter ranges documented in the 
Notification of Compliance Status in accordance with paragraph (b)(3) of 
this section. The description shall include the information specified in 
paragraphs (c)(5)(i) and (ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) The cause for the measured parameters to be outside of the 
established ranges.
    (6) For process vents and transfer racks (except low throughput 
transfer racks), periodic reports shall include the information 
specified in paragraphs (c)(6)(i) through (iv) of this section.

[[Page 565]]

    (i) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec.  63.998(b)(3)(i) 
for any days when the daily average value is outside the bounds as 
defined in Sec.  63.998(c)(2)(iii) or (c)(3)(iii), or the data 
availability requirements defined in paragraphs (c)(6)(i)(A) through (D) 
of this section are not met, whether these excursions are excused or 
unexcused excursions. For excursions caused by lack of monitoring data, 
the duration of periods when monitoring data were not collected shall be 
specified. An excursion means any of the cases listed in paragraphs 
(c)(6)(i)(A) through (C) of this section. If the owner or operator 
elects not to retain the daily average values pursuant to Sec.  
63.998(b)(5)(ii)(A), the owner or operator shall report this in the 
Periodic Report.
    (A) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (B) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (C) When the period of control or recovery device operation is less 
than 4 hours in an operating day and more than one of the hours during 
the period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (D) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (ii) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec.  63.998(a)(2)(ii)(C) were outside the 
ranges established in the Notification of Compliance Status or in the 
operating permit.
    (iii) The provisions of paragraph (c)(6)(i) and (ii) of this section 
do not apply to any low throughput transfer rack for which the owner or 
operator has elected to comply with Sec.  63.985 or to any storage 
vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under Sec.  63.985(c)(1), to keep 
continuous records. If continuous records are required, the owner or 
operator shall specify in the monitoring plan whether the provisions of 
paragraphs (c)(6)(i) and (c)(6)(ii) of this section apply.
    (iv) If the owner or operator has chosen to use the alternative 
recordkeeping requirements of Sec.  63.998(b)(5), and has not notified 
the Administrator in the Notification of Compliance Status that the 
alternative recordkeeping provisions are being implemented as specified 
in paragraph (b)(5) of this section, the owner or operator shall notify 
the Administrator in the Periodic Report submitted immediately preceding 
implementation of the alternative. The notifications specified in Sec.  
63.998(b)(5)(ii) shall be included in the next Periodic Report following 
the identified event.
    (7) As specified in Sec.  63.997(c)(3), if an owner or operator at a 
facility not required to obtain a title V permit elects at a later date 
to replace an existing control or recovery device with a different 
control or recovery device, then the Administrator shall be notified by 
the owner or operator before implementing the change. This notification 
may be included in the facility's periodic reporting.
    (d) Requests for approval of monitoring alternatives--(1) 
Alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions. Requests for approval to use alternatives to 
continuous operating parameter monitoring and recordkeeping provisions, 
as provided for in Sec.  63.996(d)(1), shall be submitted as specified 
in a referencing subpart, and the referencing subpart will govern the 
review and approval of such requests. The information specified in 
paragraphs (d)(1)(i) and (ii) of this section shall be included.
    (i) A description of the proposed alternative system; and
    (ii) Information justifying the owner or operator's request for an 
alternative method, such as the technical or economic infeasibility, or 
the impracticality, of the regulated source using the required method.
    (2) Monitoring a different parameter than those listed. Requests for 
approval to monitor a different parameter than those established in 
Sec.  63.996(c)(6) of this

[[Page 566]]

section or to set unique monitoring parameters, as provided for in Sec.  
63.996(d)(2), shall be submitted as specified as specified in a 
referencing subpart, and the referencing subpart will govern the review 
and approval of such requests. The information specified in paragraphs 
(d)(2)(i) through (iii) of this section shall be included in the 
request.
    (i) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s);
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter(s) as part of the Notification of Compliance Status if 
required under a referencing subpart, unless this information has 
already been submitted; and
    (iii) The frequency and content of monitoring, recording, and 
reporting, if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the established range will not be included in periodic reports under 
paragraph (c) of this section. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Subpart TT_National Emission Standards for Equipment Leaks_Control Level 
                                    1

    Source: 64 FR 34886, June 29, 1999, unless otherwise noted.



Sec.  63.1000  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the referencing subpart. The provisions of 40 CFR part 63 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the EPA Administrator has delegated authority to a State, 
local, or tribal agency, then that agency has the authority to implement 
and enforce this subpart. Contact the applicable EPA Regional Office to 
find out if this subpart is delegated to a State, local, or tribal 
agency.
    (1) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (b)(1)(i) through 
(v) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec.  63.1003 through 63.1015, under Sec.  63.6(g). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (iv) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.
    (c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate equipment 
that is excluded from the requirements of this subpart.
    (1) Equipment in vacuum service. Equipment that is in vacuum service 
is excluded from the requirements of this subpart.

[[Page 567]]

    (2) Equipment in service less than 300 hours per calendar year. 
Equipment that is in regulated material service less than 300 hours per 
calendar year is excluded from the requirements of Sec. Sec.  63.1006 
through 63.1015 if it is identified as required in Sec.  63.1003(b)(5).
    (3) Lines and equipment not containing process fluids. Except as 
provided in a referencing subpart, lines and equipment not containing 
process fluids are not subject to the provisions of this subpart. 
Utilities, and other nonprocess lines, such as heating and cooling 
systems which do not combine their materials with those in the processes 
they serve, are not considered to be part of a process unit or affected 
facility.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 
67 FR 46278, July 12, 2002]



Sec.  63.1001  Definitions.

    All terms used in this part shall have the meaning given them in the 
Act and in this section.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec.  63.1008(d)(2).
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this part. Such equipment or devices include, but are not limited 
to, absorbers, carbon adsorbers, condensers, incinerators, flares, 
boilers, and process heaters. Primary condensers on steam strippers or 
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated material service; and 
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in Sec.  
63.1004(b) and, as applicable, in Sec.  63.1004(c), as appropriate, to 
verify whether the leak is repaired, unless the owner or operator 
determines by other means that the leak is not repaired.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as a fuel gas in combustion 
equipment, such as furnaces and gas turbines, either singly or in 
combination.
    In gas or vapor service means that a piece of equipment in regulated 
material service contains a gas or vapor at operating conditions.

[[Page 568]]

    In heavy liquid service means that a piece of equipment in regulated 
material is not in gas or vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in 
regulated-material service contains a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

    (Note to definition of ``In light liquid service'': Vapor pressures 
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas or vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contracts a fluid (liquid 
or gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec.  63.180(d) of subpart H. 
The provisions of Sec.  63.180(d) of subpart H also specify how to 
determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service'', 
``in VHAP service'', ``in organic hazardous air pollutant service,'' or 
``in other chemicals or groups of chemicals service'' as defined in the 
referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (of process units following changes 
in product for flexible operation units or following recharging of 
equipment in batch unit operations).
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 1.27 centimeters (0.5 inches) and smaller, and 
connectors nominally 1.91 centimeters (0.75 inches) and smaller in 
diameter are considered instrumentation systems for the purposes of this 
subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and 
connectors greater than nominally 1.91 centimeters (0.75 inches) 
associated with instrumentation systems are not considered part of 
instrumentation systems and must be monitored individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquids dripping include puddling or new stains that are indicative of 
an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle

[[Page 569]]

such as infra-red, photo ionization, or thermal conductivity.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
process unit in the applicable referencing subpart. If the referencing 
subpart does not define process unit, then for the purposes of this 
part, process unit means the equipment assembled and connected by pipes 
or ducts to process raw materials and to manufacture an intended 
product.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit, or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit, or part of a process unit, consistent with safety 
constraints and during which repairs can be affected. The following are 
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less than 
24 hours.
    (2) An unscheduled work practice or operations procedure that would 
stop production from a process unit, or part of a process unit, for a 
shorter period of time than would be required to clear the process unit, 
or part of the process unit, of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to gases 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart means the following:
    (1) Equipment is adjusted, or otherwise altered, to eliminate a leak 
as defined in the applicable sections of this subpart, and
    (2) Equipment, unless otherwise specified in applicable provisions 
of this subpart, is monitored as specified in Sec.  63.1004(b) and, as 
applicable in Sec. Sec.  63.1004(c) and 63.1015 of this part as 
appropriate, to verify that emissions from the equipment are below the 
applicable leak definition.
    Routed to a process or route to a process means the emissions are 
conveyed to any enclosed portion of a process unit where the emissions 
are predominantly recycled and/or consumed in the same manner as a 
material that fulfills the same function in the process and/or 
transformed by chemical reaction into materials that are not regulated 
materials and/or incorporated into a product; and /or recovered.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.

[[Page 570]]

    Screwed (threaded) connector means a threaded pipe fitting where the 
threads are cut on the pipe wall and the fitting requires only two 
pieces to make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process system 
operating pressure.
    Start-up means the setting into operation of a piece of equipment or 
a control device that is subject to this subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec.  63.1002  Compliance assessment.

    (a) General procedures for compliance assessment. Compliance with 
this subpart will be determined by review of the records required by 
Sec.  63.1017 and the reports required by Sec.  63.1018, by review of 
performance test results, and by inspections.
    (b) Alternative means of emission limitation. The provisions of 
paragraph (b) of this section do not apply to the performance standards 
of Sec.  63.1006(e)(4) for valves designated as having no detectable 
emissions, Sec.  63.1011(b) for pressure relief devices, or Sec.  
63.1012(f) for compressors operating under the alternative compressor 
standard.
    (1) An owner or operator may request a determination of alternative 
means of emission limitation to the requirements of Sec. Sec.  63.1005 
through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this 
section. If the Administrator makes a determination that an alternative 
means of emission limitation is a permissible alternative, the owner or 
operator shall comply with the alternative.
    (2) Permission to use an alternative means of emission limitation 
shall be governed by the following procedures in paragraphs (b)(3) 
through (b)(6) of this section.
    (3) Where the standard is an equipment, design, or operational 
requirement the criteria specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) shall be met.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (4) Where the standard is a work practice the criteria specified in 
paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.
    (i) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (iii) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices.
    (iv) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same or greater emission reduction as the required work practices of 
this subpart.
    (5) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (6) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register.
    (7)(i) Manufacturers of equipment used to control equipment leaks of 
a regulated material may apply to the Administrator for permission for 
an alternative means of emission limitation that achieves a reduction in 
emissions of the regulated material achieved by

[[Page 571]]

the equipment, design, and operational requirements of this subpart.
    (ii) The Administrator will grant permission according to the 
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this 
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec.  63.1003  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Sec. Sec.  63.1006 to 63.1015 shall 
be specifically identified as required in paragraphs (b)(1) through 
(b)(5) of this section, as applicable.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec.  63.1008(d)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated.
    (2) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. Identify the equipment that the owner or 
operator elects to route to a process or fuel gas system or equip with a 
closed vent system and control device, under the provisions of Sec.  
63.1007(e)(3) (pumps in light liquid service), Sec.  63.1009(e)(3) 
(agitators in gas and vapor service and in light liquid service), Sec.  
63.1011(d) (pressure relief devices in gas and vapor service), Sec.  
63.1012(e) (compressors), or Sec.  63.1016 (alternative means of 
emission limitation for enclosed vented process units) of this subpart.
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec.  63.1011(e) of 
this subpart.
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec.  63.1010 of this subpart. Individual 
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per calendar 
year within a process unit or affected facilities subject to the 
provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec.  63.1006(e)(1), pumps 
meeting the provisions of Sec.  63.1007(e)(5), connectors meeting the 
provisions of Sec.  63.1008(d)(1), and agitators meeting the provisions 
of Sec.  63.1009(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart. Examples of an unsafe-to-monitor equipment 
include, but is not limited to, equipment under extreme pressure or 
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec.  63.1006(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this 
section apply. Agitators meeting the provisions of Sec.  63.1009(f)(5) 
may be designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the equipment cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service.
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or the owner or operator designates less 
than 3 percent of

[[Page 572]]

the total number of valves in a new source as difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more than 
2 meters (7 feet) above a support surface or it is not accessible in a 
safe manner when it is in regulated material service.
    (3) [Reserved]
    (4) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. The 
owner or operator shall record the identity of equipment designated as 
difficult-to-monitor according to the provisions of paragraph (c)(2) of 
this section, the planned schedule for monitoring this equipment, and an 
explanation why the equipment is difficult-to-monitor. This record must 
be kept at the plant and be available for review by an inspector.
    (5) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor except connectors meeting the 
provisions of Sec.  63.1008(d)(1) according to the provisions of 
paragraph (c)(1) of this section shall have a written plan that requires 
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable, and repair of the equipment according to 
the procedures in Sec.  63.1005 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year, and repair of the equipment according to 
the procedures in Sec.  63.1005 if a leak is detected.
    (d) Special equipment designations: Unsafe-to-repair--(1) 
Designation and criteria. Connectors subject to the provisions of Sec.  
63.1005(e) may be considered unsafe-to-repair if the owner or operator 
determines that repair personnel would be exposed to an immediate danger 
as a consequence of complying with the repair requirements of this 
subpart, and if the connector will be repaired before the end of the 
next process unit or affected facility shutdown as specified in Sec.  
63.1005(e) of this subpart.
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Equipment operating with no 
detectable emissions--(1) Designation and criteria. Equipment may be 
designated as having no detectable emissions if it has no external 
actuating mechanism in contact with the process fluid and is operated 
with emissions less than 500 parts per million above background as 
determined by the method specified in Sec.  63.1004(b) and (c).
    (2) Identification of equipment. The identity of equipment 
designated as no detectable emissions shall be recorded.
    (3) Identification of compressors operating under no detectable 
emissions. Identify the compressors that the owner or operator elects to 
designate as operating with an instrument reading of less than 500 parts 
per million above background, under the provisions of Sec.  63.1012(f).

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec.  63.1004  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor all regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to Sec.  
63.1006(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec.  63.1007(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec.  63.1008(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec.  63.1009(b).

[[Page 573]]

    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec.  63.1011(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec.  63.1003(e), shall 
be monitored pursuant to Sec.  63.1012(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec.  63.1007(b)(3) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service 
shall be observed pursuant to Sec.  63.1009(b)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A.
    (2) Detection instrument performance criteria. (i) Except as 
provided for in paragraph (b)(2)(ii) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the representative 
composition of the process fluid, and not for each individual HAP, VOC 
or other regulated material individual chemical compound in the stream. 
For process streams that contain nitrogen, air, water, or other inerts 
that are not regulated materials, the representative stream response 
factor shall be calculated on an inert-free basis. The response factor 
may be determined at any concentration for which monitoring for leaks 
will be conducted.
    (ii) If there is no instrument commercially available that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall be 
zero air (less than 10 parts per million of hydrocarbon in air); and a 
mixture of methane in air at a concentration of approximately, but less 
than, 10,000 parts per million; or a mixture of n-hexane in air at a 
concentration of approximately, but less than, 10,000 parts per million. 
A calibration gas other than methane in air or n-hexane in air may be 
used if the instrument does not respond to methane or n-hexane or if the 
instrument does not meet the performance criteria specified in paragraph 
(b)(2)(i) of this section. In such cases, the calibration gas may be a 
mixture of one or more compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated 
source becoming subject to the referencing subpart that do not meet the 
criteria specified in paragraphs (b)(1) through (b)(5) of this section 
may still be used to initially qualify for less frequent monitoring 
under the provisions in Sec.  63.1006(a)(2), (b)(3) or (b)(4) for valves 
provided the departures from the criteria specified or from the 
specified monitoring frequency of Sec.  63.1006(b)(3) are minor and do 
not significantly affect the quality of the data. Examples of minor 
departures are monitoring at a slightly different frequency (such as 
every six weeks instead of monthly or quarterly), following the 
performance criteria of section 3.1.2(a) of Method 21 of appendix A of 
40 CFR part 60 instead of paragraph (b)(2) of this section, or 
monitoring at a different leak definition if the data would indicate the 
presence or absence of a leak at the concentration specified in the 
referencing subpart. Failure to use a calibrated instrument is not 
considered a minor departure.

[[Page 574]]

    (c) Instrument monitoring using background adjustments. The owner or 
operator may elect to adjust or not to adjust the instrument readings 
for background. If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. In such case, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to determine 
compliance with Sec.  63.1011(b) (pressure relief devices in gas and 
vapor service) or Sec.  63.1012(f) (compressors). If an owner or 
operator elects to adjust instrument readings for background, the owner 
or operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible (as described in 
Method 21 of 40 CFR part 60, appendix A).
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definitions for the monitored equipment to 
determine whether there is a leak or to determine compliance with Sec.  
63.1011(b) (pressure relief devices in gas and vapor service) or Sec.  
63.1012(f) (compressors).
    (d) Sensory monitoring methods. Sensory monitoring, as required 
under this subpart, shall consist of detection of a potential leak to 
the atmosphere by visual, audible, olfactory, or any other detection 
method.
    (e) Leaking equipment identification and records. (1) When each leak 
is detected pursuant to the monitoring specified in paragraph (a) of 
this section, a weatherproof and readily visible identification, marked 
with the equipment identification, shall be attached to the leaking 
equipment.
    (2) When each leak is detected, the information specified in Sec.  
63.1005(e) shall be recorded and kept pursuant to the referencing 
subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec.  63.1005  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected no later than 15 calendar days after it is detected, 
except as provided in paragraphs (c) and (d) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected. First attempt at repair for pumps includes, but is not 
limited to, tightening the packing gland nuts and/or ensuring that the 
seal flush is operating at design pressure and temperature. First 
attempt at repair for valves includes, but is not limited to, tightening 
the bonnet bolts, and/or replacing the bonnet bolts, and/or tightening 
the packing gland nuts, and/or injecting lubricant into the lubricated 
packing.
    (b) Leak identification removal--(1) Valves in gas/vapor and light 
liquid service. The leak identification on a valve in gas/vapor or light 
liquid service may be removed after it has been monitored as specified 
in Sec.  63.1006(b), and no leak has been detected during that 
monitoring. The leak identification on a connector in gas/vapor or light 
liquid service may be removed after it has been monitored as specified 
in Sec.  63.1008(b) and no leak has been detected during that 
monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec.  63.1004(e), on equipment determined to have a leak, 
except for a valve in gas/vapor or light liquid service, may be removed 
after it is repaired.
    (c) Delay of repair. Delay of repair can be used as specified in any 
of paragraphs (c)(1) through (c)(5) of this section. The owner or 
operator shall maintain a record of the facts that explain any delay of 
repairs and, where appropriate, why the repair was technically 
infeasible without a process unit shutdown.

[[Page 575]]

    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit or affected facility shutdown within 15 days after a leak is 
detected. Repair of this equipment shall occur as soon as practical, but 
not later than by the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (c)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the criteria specified in paragraphs (c)(3)(i) and (c)(3)(ii) 
are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed, or recovered in a control or recovery device, 
or routed to a fuel gas system or process complying with Sec.  63.1015 
or Sec.  63.1002(b) of this part.
    (4) Delay of repair for pumps is allowed if the criteria specified 
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined will provide better 
performance or one of the specifications of paragraphs (c)(4)(i)(A) 
through (c)(4)(i)(C) of this section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec.  63.1007(e)(1) will be installed,
    (B) A pump that meets the requirements of Sec.  63.1007(e)(2) will 
be installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a closed vent system and control device that meets the requirements 
of Sec.  63.1007(e)(3) will be installed.
    (ii) Repair is to be completed as soon as practical, but not later 
than 6 months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (d) Unsafe-to-repair connectors. Any connector that is designated, 
as described in Sec.  63.1003(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec.  63.1008(c), and paragraph (a) of 
this section.
    (e) Leak repair records. For each leak detected, the information 
specified in paragraphs (e)(1) through (e)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the source, 
or may be part of a separate document that is maintained at the plant 
site. In such cases, reasons for delay of repair may be documented by 
citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on site before depletion and the reason for depletion.

[[Page 576]]

    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec.  63.1006  Valves in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to initially qualify for less 
frequent monitoring is governed by the provisions of Sec.  
63.1004(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec.  63.1002(b), 
or Sec.  63.1016, or in paragraph (e) of this section, or the 
referencing subpart, the owner or operator shall monitor all valves at 
the intervals specified in paragraphs (b)(3) through (b)(6) of this 
section and shall comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks 
by the method specified in Sec.  63.1004(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million or greater.
    (3) Monitoring period. (i) Each valve shall be monitored monthly to 
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1), 
(e)(2), and (e)(4) of this section. An owner or operator may otherwise 
elect to comply with one of the alternative standards in paragraphs 
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of 
this section.
    (ii)(A) Any valve for which a leak is not detected for 2 successive 
months may be monitored the same month (first, second, or third month) 
of every quarter, beginning with the next quarter, until a leak is 
detected. The first quarterly monitoring shall occur less than 3 months 
following the last monthly monitoring.
    (B) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (C) For purposes of paragraph (b) of this section, quarter means a 
3-month period with the first quarter concluding on the last day of the 
last full month during the 180 days following initial startup.
    (4) Allowance of alternative standards. An owner or operator may 
elect to comply with one of the alternatives specified in either 
paragraph (b)(5) or (b)(6) of this section if the percentage of valves 
leaking is equal to or less than 2.0 percent as determined by the 
procedure in paragraph (c) of this section. An owner or operator must 
notify the Administrator before implementing one of the alternatives 
specified in either paragraph (b)(5) or (b)(6) of this section.
    (5) Allowable percentage alternative. An owner or operator choosing 
to comply with the allowable percentage alternative shall have an 
allowable percentage of leakers no greater than 2.0 percent for each 
affected facility or process unit and shall comply with paragraphs 
(b)(5)(i) and (b)(5)(ii) of this section.
    (i) A compliance demonstration for each affected facility or process 
unit or affected facility complying with this alternative shall be 
conducted initially upon designation, annually, and at other times 
requested by the Administrator. For each such demonstration, all valves 
in gas and vapor and light liquid service within the affected facility 
or process unit shall be monitored within 1 week by the methods 
specified in Sec.  63.1004(b). If an instrument reading exceeds the 
equipment leak level specified in the referencing subpart, a leak is 
detected. The leak percentage shall be calculated as specified in 
paragraph (c) of this section.
    (ii) If an owner or operator decides no longer to comply with this 
alternative, the owner or operator must notify the Administrator in 
writing that the work practice standard described in paragraph (b)(3) of 
this section will be followed.
    (6) Skip period alternatives. An owner or operator may elect to 
comply with one of the alternative work practices specified in 
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or operator 
electing to use one of these skip period alternatives shall comply

[[Page 577]]

with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. Before using 
either skip period alternative, the owner or operator shall initially 
comply with the requirements of paragraph (b)(3) of this section. 
Monitoring data generated before the regulated source became subject to 
the referencing subpart that meets the criteria of either Sec.  
63.1004(b)(1) through (b)(5), or Sec.  63.1004(b)(6), may be used to 
initially qualify for skip period alternatives.
    (i) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by the 
procedure in paragraph (c) of this section, an owner or operator may 
begin to monitor for leaks once every 6 months.
    (ii) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by the 
procedure in paragraph (c) of this section, an owner or operator may 
begin to monitor for leaks once every year.
    (iii) If the percent of valves leaking is greater than 2.0, the 
owner or operator shall comply with paragraph (b)(3) of this section, 
but can elect to comply with paragraph (b)(6) of this section if future 
percent of valves leaking is again equal to or less than 2.0.
    (iv) The owner or operator shall keep a record of the monitoring 
schedule and the percent of valves found leaking during each monitoring 
period.
    (c) Percent leaking valves calculation--calculation basis and 
procedures. (1) The owner or operator shall decide no later than the 
compliance date of this subpart, or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(5)(i) of this section.
    (2) The percent of valves leaking shall be determined by dividing 
the sum of valves found leaking during current monitoring and valves for 
which repair has been delayed by the total number of valves subject to 
the requirements of this section.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec.  63.1005, as applicable.
    (2) After a leak determined pursuant to paragraph (b) or (e)(2) of 
this section has been repaired, the valve shall be monitored at least 
once within the first 3 months after its repair. The monitoring required 
by this paragraph is in addition to the monitoring required to satisfy 
the definition of repair.
    (i) The monitoring shall be conducted as specified in Sec.  
63.1004(b) and (c), as appropriate, to determine whether the valve has 
resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the timing 
of the monitoring period coincides with the time specified in this 
paragraph. Alternatively, other monitoring may be performed to satisfy 
the requirements of this paragraph, regardless of whether the timing of 
the monitoring period for periodic monitoring coincides with the time 
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (d)(2) of this section, the owner or operator shall follow 
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements of 
paragraph (d)(2) of this section, then the valve shall be counted as a 
leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraph (b) of this section, to 
satisfy the requirements of paragraph (d)(2) of this section, then the 
valve shall be counted as a leaking valve unless it is repaired and 
shown by periodic monitoring not to be leaking.
    (e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any 
valve that is designated, as described in Sec.  63.1003(c)(1), as an 
unsafe-to-monitor valve, is exempt from the monitoring

[[Page 578]]

requirements of paragraph (b) of this section, and the owner or operator 
shall monitor the valve according to the written plan specified in Sec.  
63.1003(c)(5).
    (2) Difficult-to-monitor. Any valve that is designated, as described 
in Sec.  63.1003(c)(2), as a difficult-to-monitor valve, is exempt from 
the requirements of paragraph (b) of this section, and the owner or 
operator shall monitor the valve according to the written plan specified 
in Sec.  63.1003(c)(5).
    (3) Less than 250 valves. Any equipment located at a plant site with 
fewer than 250 valves in regulated material service is exempt from the 
monthly monitoring specified in paragraph (b)(3)(i) of this section. 
Instead, the owner or operator shall monitor each valve in regulated 
material service for leaks once each quarter, or comply with paragraphs 
(b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this section except as 
provided in paragraphs (e)(1) and (e)(2) of this section.
    (4) No detectable emissions. (i) Any valve that is designated, as 
described in Sec.  63.1003(e), as having no detectable emissions is 
exempt from the requirements of paragraphs (b) through (c) of this 
section if the owner or operator meets the criteria specified in 
paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.
    (A) Tests the valve for operation with emissions less than 500 parts 
per million above background as determined by the method specified in 
Sec.  63.1004(c) initially upon designation, annually, and at other 
times requested by the Administrator, and
    (B) Records the dates of each compliance demonstration, the 
background level measured during each compliance test, and the maximum 
instrument reading measured at the equipment during each compliance 
test.
    (ii) A valve may not be designated or operated for no detectable 
emissions, as described in Sec.  63.1003(e), if the valve has an 
instrument reading greater than 500 parts per million above background.



Sec.  63.1007  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec.  63.1002(b), 
or Sec.  63.1016 of this subpart or paragraph (e) of this section, the 
owner or operator shall monitor each pump monthly to detect leaks and 
shall comply with all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored to detect leaks 
by the method specified in Sec.  63.1004(b) of this subpart.
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million.
    (3) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal, a leak is detected. Unless the 
owner or operator demonstrates (e.g., through instrument monitoring) 
that the indications of liquids dripping are due to a condition other 
than process fluid drips, the leak shall be repaired according to the 
procedures of paragraph (b)(4) of this section.
    (4) Visual inspection: Leak repair. Where a leak is identified by 
visual indications of liquids dripping, repair shall mean that the 
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found leaking 
in a continuous process unit or within 1 month after startup of the pump 
shall not count in the percent leaking pumps calculation for that one 
monitoring period only.

[[Page 579]]

    (3) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.009

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
          monthly monitoring as required in paragraph (b) of this 
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PT = Total pumps in regulated material service, including 
          those meeting the criteria in paragraphs (e)(1), (e)(2), 
          (e)(3), and (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
          during the current monitoring period.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec.  63.1005, as applicable, unless otherwise specified in paragraph 
(b)(4) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps--(1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design considerations 
and operating experience, criteria applicable to the presence and 
frequency of drips and to the sensor that indicates failure of the seal 
system, the barrier fluid system, or both. The owner or operator shall 
keep records at the plant of the design criteria and an explanation of 
the design criteria, and any changes to these criteria and the reasons 
for the changes. This record must be available for review by an 
inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this 
section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system or connected by a closed vent system to 
a control device that complies with the requirements of subpart SS of 
this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from the 
pump seal at the time of the weekly inspection, the owner or operator 
shall follow the procedure specified in either paragraph (e)(1)(v)(A) or 
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in 
Sec.  63.1004(b) to determine if there is a leak of regulated material 
in the barrier fluid; if an instrument reading of 10,000 parts per 
million or greater is measured, a leak is detected and shall be repaired 
using the procedures in Sec.  63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this section 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected.

[[Page 580]]

    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec.  63.1005.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any pump that is routed to a process or a fuel gas system 
or equipped with a closed vent system that captures and transports 
leakage from the pump to a control device meeting the requirements of 
Sec.  63.1015 is exempt from requirements of paragraph (b) of this 
section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3), and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec.  63.1003(c)(1), as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section and the 
requirements of Sec.  63.1005 and the owner or operator shall monitor 
the pump according to the written plan specified in Sec.  63.1003(c)(5).



Sec.  63.1008  Connectors in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec.  63.1002(b), 
or Sec.  63.1016 of this subpart, or the referencing subpart, the owner 
or operator shall monitor all connectors within 5 days by the method 
specified in Sec.  63.1004(b) if evidence of a potential leak is found 
by visual, audible, olfactory, or any other detection method. No 
monitoring is required if the evidence of a potential leak is eliminated 
within 5 days. If an instrument reading of 10,000 parts per million or 
greater is measured, a leak is detected.
    (c) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec.  63.1005, as applicable.
    (d) Special provisions for connectors--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in Sec.  
63.1003(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraph (b) of this section and the owner or operator 
shall monitor according to the written plan specified in Sec.  
63.1003(c)(5).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraph (b) of this section, the leak repair 
requirements of paragraph (c) of this section, and the recordkeeping and 
reporting requirements of Sec. Sec.  63.1017 and 63.1018. An 
inaccessible connector is a connector that meets any of the provisions 
specified in paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this 
section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe; or
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift

[[Page 581]]

basket in areas where an ignition potential exists, or access would 
require near proximity to hazards such as electrical lines, or would 
risk damage to equipment.
    (ii) If any inaccessible ceramic or ceramic-lined connector is noted 
to have a leak by visual, audible, olfactory, or other means, the leak 
to the atmosphere shall be eliminated as soon as practical.



Sec.  63.1009  Agitators in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in Sec.  
63.1004(b), or Sec.  63.1016, except as provided in Sec.  63.1002(b) or 
in paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
equivalent of 10,000 parts per million or greater is measured, a leak is 
detected.
    (3) Visual inspection. Each agitator seal shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the agitator seal. The owner or operator shall document that the 
inspection was conducted and the date of the inspection. If there are 
indications of liquids dripping from the agitator seal, the owner or 
operator shall follow the procedures specified in paragraphs (b)(3)(i) 
and (b)(3)(ii) of this section prior to the next required inspection.
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec.  63.1004(b) to determine if there is a leak of 
regulated material. If an instrument reading of 10,000 parts per million 
or greater is measured, a leak is detected, and it shall be repaired 
using the procedures in paragraph (d) of this section;
    (ii) The owner or operator shall eliminate the indications of 
liquids dripping from the agitator seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec.  63.1005, as applicable.
    (e) Special provisions for agitators--(1) Dual mechanical seal. Each 
agitator equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system or connected by a closed vent system to 
a control device that meets the requirements of Sec.  63.1015; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal shall as 
specified in Sec.  63.1004(b) to determine the presence of regulated 
material in the barrier fluid. If an instrument reading of 10,000 parts 
per million or greater is measured, a leak is detected and it shall be 
repaired using the procedures in Sec.  63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.

[[Page 582]]

    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall 
meet the requirements specified in paragraphs (e)(1)(vi)(A) through 
(e)(1)(vi)(D).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (C) If indications of liquids dripping from the agitator seal exceed 
the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) 
of this section, or if, based on the criteria established in paragraphs 
(e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the sensor indicates 
failure of the seal system, the barrier fluid system, or both, a leak is 
detected.
    (D) When a leak is detected, it shall be repaired using the 
procedures in Sec.  63.1005.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from the requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any agitator that is routed to a process or fuel gas system 
or equipped with a closed vent system that captures and transports 
leakage from the agitator to a control device meeting the requirements 
of Sec.  63.1015 is exempt from the monitoring requirements of paragraph 
(b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec.  63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec.  63.1003(c)(5).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec.  63.1003(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in Sec.  
63.1003(c)(5).



Sec.  63.1010  Pumps, valves, connectors, and agitators 
in heavy liquid service; pressure relief devices in liquid service; 
and instrumentation systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Unless otherwise 
specified in Sec.  63.1002(b), or Sec.  63.1016, the owner or operator 
shall comply with paragraphs (b)(1) and (b)(2) of this section. Pumps, 
valves, connectors, and agitators in heavy liquid service; pressure 
relief devices in light liquid or heavy liquid service; and 
instrumentation systems shall be monitored within 5 calendar days by the 
method specified in Sec.  63.1004(b) if evidence of a potential leak to 
the atmosphere is found by visual, audible, olfactory, or any other 
detection method. If such a potential leak is repaired as required in 
paragraph (c) of this section, it is not necessary to monitor the system 
for leaks by the method specified in Sec.  63.1004(b).
    (2) Instrument reading that defines a leak. For systems monitored by 
the method specified in Sec.  63.1004(b), if an instrument reading of 
10,000 parts per million or greater is measured, a leak

[[Page 583]]

is detected. If a leak is detected, it shall be identified pursuant to 
Sec.  63.1004(e) and repaired pursuant to Sec.  63.1005.
    (c) Leak repair. If a leak is determined pursuant to this section, 
then the leak shall be repaired using the procedures in Sec.  63.1005, 
as applicable. For equipment identified in paragraph (b) of this section 
that is not monitored by the method specified in Sec.  63.1004(b), 
repaired shall mean that the visual, audible, olfactory, or other 
indications of a leak to the atmosphere have been eliminated; that no 
bubbles are observed at potential leak sites during a leak check using 
soap solution; or that the system will hold a test pressure.



Sec.  63.1011  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided 
for in paragraph (c) of this section, each pressure relief device in gas 
or vapor service shall be operated with an instrument reading of less 
than 500 parts per million as measured by the method specified in Sec.  
63.1004(c).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated by 
an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in paragraph (d) of this section.
    (2) The pressure relief device shall be monitored no later than five 
calendar days after the pressure release and being returned to regulated 
material service to confirm the condition indicated by an instrument 
reading of less than 500 parts per million, as measured by the method 
specified in Sec.  63.1004(c).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including maximum instrument reading measured during 
the monitoring and the background level measured if the instrument 
reading is adjusted for background.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or equipped 
with a closed vent system that captures and transports leakage from the 
pressure relief device to a control device meeting the requirements of 
Sec.  63.1015 is exempt from the requirements of paragraphs (b) and (c) 
of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release, but no later than 5 calendar days after each pressure 
release, except as provided in Sec.  63.1005(d).



Sec.  63.1012  Compressor standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in Sec.  
63.1002(b) and paragraphs (e) and (f) of this section. Each compressor 
seal system shall meet the requirements specified in paragraphs (b)(1), 
(b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of Sec.  63.1015; 
or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be

[[Page 584]]

equipped with a sensor that will detect failure of the seal system, 
barrier fluid system, or both. Each sensor shall be observed daily or 
shall be equipped with an alarm unless the compressor is located within 
the boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, a 
leak is detected and shall be repaired pursuant to Sec.  63.1005, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. A compressor is exempt from the 
requirements of paragraphs (b) through (d) of this section if it is 
equipped with a system to capture and transport leakage from the 
compressor drive shaft seal to a process or a fuel gas system or to a 
closed vent system that captures and transports leakage from the 
compressor to a control device meeting the requirements of Sec.  
63.1015.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec.  63.1003(e) as operating with no 
detectable emissions shall operate at all times with an instrument 
reading of less than 500 parts per million. A compressor so designated 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if the compressor is demonstrated initially upon designation, 
annually, and at other times requested by the Administrator to be 
operating with an instrument reading of less than 500 parts per million 
as measured by the method specified in Sec.  63.1004(c). A compressor 
may not be designated or operated having an instrument reading of less 
than 500 parts per million as described in Sec.  63.1003(e) if the 
compressor has a maximum instrument reading greater than 500 parts per 
million.
    (2) The owner or operator shall record the dates and results of each 
compliance test including the background level measured and the maximum 
instrument reading measured during each compliance test.
    (g) Reciprocating compressor exemption. Any existing reciprocating 
compressor in a process unit or affected facility that becomes an 
affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt 
from paragraphs (b), (c), and (d) of this section provided the owner or 
operator demonstrates that recasting the distance piece or replacing the 
compressor are the only options available to bring the compressor into 
compliance with the provisions of the above exempted paragraphs of this 
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec.  63.1013  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed purge, closed loop, or closed vent system, except 
as provided in paragraph (d) of this section. Gases displaced during 
filling of the sample container are not required to be collected or 
captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system except as provided in paragraph (d) of this 
section shall meet the applicable requirements specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or fuel gas system meeting the compliance determinations in 
Sec.  63.1015 or Sec.  63.1002(b) as appropriate; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that meets the requirements of Sec.  
63.1015; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.

[[Page 585]]

    (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR 
part 63, subpart G, if the waste management unit is complying with the 
provisions of 40 CFR part 63, subpart G, applicable to group 1 
wastewater streams. If the purged process fluid does not contain any 
organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste 
management unit need not be subject to, and operated in compliance with 
the requirements of 40 CFR part 63, subpart G, applicable to subject 
wastewater steams provided the facility has a National Pollution 
Discharge Elimination System (NPDES) permit or sends the wastewater to 
an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.



Sec.  63.1014  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec.  63.1002(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (b)(3) 
of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (b)(1) of 
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in the 
event of a process upset are exempt from the requirements of paragraph 
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious over pressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.



Sec.  63.1015  Closed vent systems and control devices; 
or emissions routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent system and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum of 760 
[deg]C (1400 [deg]F). Owners and operators of closed vent systems and 
nonflare control devices used to comply with this subpart shall comply 
with the provisions of subpart SS of this part, except as provided in 
Sec.  63.1002(b).
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in subpart SS of this part, except as provided in 
Sec.  63.1002(b).

[[Page 586]]

    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of subpart 
SS of this part, except as provided in Sec.  63.1002(b).



Sec.  63.1016  Alternative means of emission limitation: 
Enclosed-vented process units.

    (a) Use of closed vent system and control device. Process units of 
affected facilities or portions of process units of affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
routed to a process or fuel gas system or collected and vented through a 
closed vent system to a control device meeting the requirements of 
either Sec.  63.1015 or Sec.  63.1002(b) are exempt from the 
requirements of Sec. Sec.  63.1006 through 63.1014. The enclosure shall 
be maintained under a negative pressure at all times while the process 
unit or affected facility is in operation to ensure that all emissions 
are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and 
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, enclosure, 
and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.



Sec.  63.1017  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(e.g., quarterly monitoring) for each type of equipment. The records 
required by this subpart are summarized in paragraphs (b) and (c) of 
this section.
    (b) General equipment leak records. (1) As specified in Sec.  
63.1003(a) through (d), the owner or operator shall keep general and 
specific equipment identification if the equipment is not physically 
tagged and the owner or operator is electing to identify the equipment 
subject to this subpart through written documentation such as a log or 
other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec.  63.1003(c)(5) for any equipment that is designated as unsafe or 
difficult-to-monitor.
    (3) The owner or operator shall maintain the identity and an 
explanation as specified in Sec.  63.1003(d)(1) for any equipment that 
is designated as unsafe-to-repair.
    (4) As specified in Sec.  63.1003(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records for leaking equipment 
as specified in Sec.  63.1004(e).
    (6) The owner or operator shall keep records for delay of repair as 
specified in Sec.  63.1005(c) and records for leak repair as specified 
in Sec.  63.1005(e).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the monitoring schedule for each process unit as 
specified in Sec.  63.1006(b), and the records specified in Sec.  
63.1006(e)(4)(i)(B).
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in Sec.  
63.1007(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec.  63.1007(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for 
dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec.  63.1007(e)(1)(i).
    (3) [Reserved]
    (4) For agitators, the owner or operator shall maintain records 
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.

[[Page 587]]

    (i) Documentation of the agitator seal visual inspections as 
specified in Sec.  63.1009(b)(3).
    (ii) Documentation of the design criteria and explanations and any 
changes and the reason for the changes, as specified in Sec.  
63.1009(e)(1)(vi)(A).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec.  63.1011(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the barrier 
fluid system, record the design criteria and explanations and any 
changes and the reason for the changes, as specified in Sec.  
63.1012(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec.  63.1012(f)(2).
    (7) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec.  63.1016(b).



Sec.  63.1018  Reporting requirements.

    (a) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (a)(1) through (a)(2) of this 
section, as applicable, in the periodic report specified in the 
referencing subpart.
    (1) The initial Periodic Report shall include the information 
specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this 
section.
    (i) Process unit or affected facility identification.
    (ii) Number of valves subject to the requirements of Sec.  63.1006, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec.  63.1006(e)(4).
    (iii) Number of pumps subject to the requirements of Sec.  63.1007, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec.  63.1007(e)(2) and those pumps complying with the 
closed vent system provisions of Sec.  63.1007(e)(3).
    (iv) Number of compressors subject to the requirements of Sec.  
63.1012, excluding those compressors designated for no detectable 
emissions under the provisions of Sec.  63.1012(f) and those compressors 
complying with the closed vent system provisions of Sec.  63.1012(e).
    (2) Each periodic report shall contain the information listed in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
    (i) Process unit identification.
    (ii) For each month during the semiannual reporting period,
    (A) Number of valves for which leaks were detected as described in 
Sec.  63.1006(b),
    (B) Number of valves for which leaks were not repaired as required 
in Sec.  63.1006(d),
    (C) Number of pumps for which leaks were detected as described in 
Sec.  63.1007(b) and Sec.  63.1007(e)(1)(vi),
    (D) Number of pumps for which leaks were not repaired as required in 
Sec. Sec.  63.1007(d) and (e)(5),
    (E) Number of compressors for which leaks were detected as described 
in Sec.  63.1012(d)(1),
    (F) Number of compressors for which leaks were not repaired as 
required in Sec.  63.1012(d)(1), and
    (G) The facts that explain each delay of repair and, where 
appropriate, why the repair was technically infeasible without a process 
unit or affected facility shutdown.
    (iii) Dates of process unit or affected facility shutdowns which 
occurred within the periodic report reporting period.
    (iv) Revisions to items reported according to paragraph (a)(1) of 
this section if changes have occurred since the initial report or 
subsequent revisions to the initial report.
    (b) Special notifications. An owner or operator electing to comply 
with either of the alternatives in Sec.  63.1006(b)(5) or (6) shall 
notify the Administrator of the alternative standard selected before 
implementing either of the provisions.

[[Page 588]]



Subpart UU_National Emission Standards for Equipment Leaks_Control Level 
                               2 Standards

    Source: 64 FR 34899, June 29, 1999, unless otherwise noted.



Sec.  63.1019  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to a referencing subpart. The provisions of 40 CFR part 63, 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) Equipment subject to this subpart. The provisions of this 
subpart and the referencing subpart apply to equipment that contains or 
contacts regulated material. This subpart applies to pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, and 
closed vent systems and control devices used to meet the requirements of 
this subpart.
    (c) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (d) Equipment in service less than 300 hours per calendar year. 
Equipment intended to be in regulated material service less than 300 
hours per calendar year is excluded from the requirements of Sec. Sec.  
63.1025 through 63.1034 and Sec.  63.1036 if it is identified as 
required in Sec.  63.1022(b)(5).
    (e) Lines and equipment not containing process fluids. Lines and 
equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities, and other non-process lines, such 
as heating and cooling systems that do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit or affected facility.
    (f) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the EPA Administrator has delegated authority to a State, 
local, or tribal agency, then that agency has the authority to implement 
and enforce this subpart. Contact the applicable EPA Regional Office to 
find out if this subpart is delegated to a State, local, or tribal 
agency.
    (1) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (f)(i) through 
(v) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec.  63.1022 through 62.1034, under Sec.  63.6(g), and the 
standards for quality improvement programs in Sec.  63.1035. Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (iv) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.

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



Sec.  63.1020  Definitions.

    All terms used in this part shall have the meaning given them in the 
Act and in this section.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.

[[Page 589]]

    Batch product-process equipment train means the collection of 
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured 
to produce a specific product or intermediate by a batch process.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec.  63.1027(e)(2).
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this part. Such equipment or devices include, but are not limited 
to, absorbers, carbon adsorbers, condensers, incinerators, flares, 
boilers, and process heaters. Primary condensers on steam strippers or 
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated material service; and 
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec. Sec.  63.1023(b) and (c) of this subpart in to verify whether the 
leak is repaired, unless the owner or operator determines by other means 
that the leak is not repaired.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use a fuel gas in combustion 
equipment, such as furnaces and gas turbines, either singly or in 
combination.
    In food and medical service means that a piece of equipment in 
regulated material service contacts a process stream used to manufacture 
a Food and Drug Administration regulated product where leakage of a 
barrier fluid into the process stream would cause any of the following:
    (1) A dilution of product quality so that the product would not meet 
written specifications,
    (2) An exothermic reaction which is a safety hazard,

[[Page 590]]

    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas and vapor service means that a piece of equipment in 
regulated material service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service or in light liquid 
service.
    In light liquid service means that a piece of equipment in regulated 
material service contains a liquid that meets the following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

    (Note to definition of ``in light liquid service'': Vapor pressures 
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that piece of equipment either contains or contracts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec.  63.180(d) of subpart H. 
The provisions of Sec.  63.180(d) of subpart H also specify how to 
determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service,'' 
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or 
``in'' other chemicals or groups of chemicals ``service'' as defined in 
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (of process units following changes 
in product for flexible operation units or following recharging of 
equipment in batch unit operations).
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 1.27 centimeters (0.5 inches) and smaller, and 
connectors nominally 1.91 centimeters (0.75 inches) and smaller in 
diameter are considered instrumentation systems for the purposes of this 
subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and 
connectors greater than nominally 1.91 centimeters (0.75 inches) 
associated with instrumentation systems are not considered part of 
instrumentation systems and must be monitored individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquids dripping include puddling or new stains that are indicative of 
an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one

[[Page 591]]

side of the valve seat in contact with process fluid and one side open 
to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle such as infra-red, photoionization, or thermal conductivity.
    Polymerizing monomer means a compound which may form polymer buildup 
in pump mechanical seals resulting in rapid mechanical seal failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
process unit in the applicable referencing subpart. If the referencing 
subpart does not define process unit, then for the purposes of this 
part, process unit means the equipment assembled and connected by pipes 
or ducts to process raw materials and to manufacture an intended 
product.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit, or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit, or part of a process unit, consistent with safety 
constraints and during which repairs can be affected. The following are 
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less than 
24 hours.
    (2) An unscheduled work practice or operations procedure that would 
stop production from a process unit, or part of a process unit, for a 
shorter period of time than would be required to clear the process unit, 
or part of the process unit, of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this part, refers to gas from 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this part, means the stationary 
source, the group of stationary sources, or the portion of a stationary 
source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart, means that equipment is 
adjusted, or otherwise altered, to eliminate a leak as defined in the 
applicable sections of this subpart and unless otherwise specified in 
applicable provisions of this subpart, is monitored as specified in 
Sec. Sec.  63.1023(b) and (c) to verify that emissions from the 
equipment are below the applicable leak definition.
    Routed to a process or route to a process means the emissions are 
conveyed to any enclosed portion of a process unit where the emissions 
are predominantly recycled and/or consumed in the same manner as a 
material that fulfills the same function in the process and/or 
transformed by chemical reaction into materials that are not regulated 
materials and/or incorporated into a product; and/or recovered.

[[Page 592]]

    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where the 
threads are cut on the pipe wall and the fitting requires only two 
pieces to make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means for the purposes of this subpart, the pressure at 
which a properly operating pressure relief device begins to open to 
relieve atypical process system operating pressure.
    Start-up means the setting into operation of a piece of equipment or 
a control device that is subject to this subpart.



Sec.  63.1021  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of Sec.  
63.1030(b) for pressure relief devices or Sec.  63.1031(f) for 
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Sec. Sec.  63.1025 through 63.1034 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Sec. Sec.  63.1025 
through 63.1034.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of the regulated material may 
apply to the Administrator for permission for an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraphs (d)(1) through (d)(4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirement, the requirements of paragraphs (d)(1)(i) through 
(d)(1)(iii) of this section apply.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (iii) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve at 
least the same emission reduction as the equipment, design, and 
operational requirements of this subpart.
    (2) Where the standard is a work practice, the requirements of 
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying test data for the alternative.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the required work practices shall be 
demonstrated for a minimum period of 12 months.
    (iii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (iv) Each owner or operator applying for such permission shall 
commit, in writing, for each kind of equipment to

[[Page 593]]

work practices that provide for emission reductions equal to or greater 
than the emission reductions achieved by the required work practices.
    (v) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (d)(2)(iv) of this section.
    (vi) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same or greater emission reduction as the required work practices of 
this subpart.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register using the 
procedures specified in the referencing subpart.



Sec.  63.1022  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Sec. Sec.  63.1023 through 63.1034 
shall be specifically identified as required in paragraphs (b)(1) 
through (b)(5) of this section, as applicable. This paragraph does not 
apply to an owner or operator of a batch product process who elects to 
pressure test the batch product process equipment train pursuant to 
Sec.  63.1036.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provision of Sec.  63.1027(e)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by paragraph (a) of this section.
    (2) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. Identify the equipment that the owner or 
operator elects to route to a process or fuel gas system or equip with a 
closed vent system and control device, under the provisions of Sec.  
63.1026(e)(3) (pumps in light liquid service), Sec.  63.1028(e)(3) 
(agitators), Sec.  63.1030(d) (pressure relief devices in gas and vapor 
service), Sec.  63.1031(e) (compressors), or Sec.  63.1037(a) 
(alternative means of emission limitation for enclosed-vented process 
units).
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec.  63.1030(e).
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec.  63.1029 of this subpart. Individual 
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per calendar 
year within a process unit or affected facilities subject to the 
provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec.  63.1025(e)(1), pumps 
meeting the provisions of Sec.  63.1026(e)(6), connectors meeting the 
provisions of Sec.  63.1027(e)(1), and agitators meeting the provisions 
of Sec.  63.1028(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that

[[Page 594]]

monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with the monitoring requirements of this 
subpart. Examples of unsafe-to-monitor equipment include, but is not 
limited to, equipment under extreme pressure or heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec.  63.1025(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply. 
Agitators meeting the provisions of Sec.  63.1028(e)(5) may be 
designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the valve cannot be monitored without elevating the monitoring personnel 
more than 2 meters (7 feet) above a support surface or it is not 
accessible in a safe manner when it is in regulated material service; 
and
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or the owner or operator designates less 
than 3 percent of the total number of valves in a new source as 
difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more than 
2 meters (7 feet) above a support surface or it is not accessible in a 
safe manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. The 
owner or operator shall record the identity of equipment designated as 
difficult-to-monitor according to the provisions of paragraph (c)(2) of 
this section, the planned schedule for monitoring this equipment, and an 
explanation why the equipment is unsafe or difficult-to-monitor. This 
record must be kept at the plant and be available for review by an 
inspector.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions of 
paragraph (c)(1) of this section shall have a written plan that requires 
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable, and repair of the equipment according to 
the procedures in Sec.  63.1024 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year and repair of the equipment according to 
the procedures in Sec.  63.1024 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe-to-
repair--(1) Designation and criteria. Connectors subject to the 
provisions of Sec.  63.1024(e) may be designated unsafe-to-repair if the 
owner or operator determines that repair personnel would be exposed to 
an immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or affected facility shutdown as 
specified in Sec.  63.1024(e)(2).
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Compressors operating with an 
instrument reading of less than 500 parts per million above background. 
Identify the compressors that the owner or operator elects to designate 
as operating with an instrument reading of less than 500 parts per 
million above background, under the provisions of Sec.  63.1031(f).
    (f) Special equipment designations: Equipment in heavy liquid 
service. The owner or operator of equipment in heavy liquid service 
shall comply with the requirements of either paragraph (f)(1) or (f)(2) 
of this section, as provided in paragraph (f)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of

[[Page 595]]

equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of ``in 
light liquid service.'' Examples of information that could document this 
include, but are not limited to, records of chemicals purchased for the 
process, analyses of process stream composition, engineering 
calculations, or process knowledge.



Sec.  63.1023  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to Sec.  
63.1025(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec.  63.1026(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec.  63.1027(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec.  63.1028(c).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec.  63.1030(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million above background, as described in Sec.  
63.1022(e), shall be monitored pursuant to Sec.  63.1031(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. Sec.  63.1026(b)(4) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service 
shall be observed pursuant to Sec.  63.1028(c)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A, except as otherwise provided in this section.
    (2) Detection instrument performance criteria. (i) Except as 
provided for in paragraph (b)(2)(ii) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2, paragraph (a) of Method 21 shall be for the 
representative composition of the process fluid not each individual VOC 
in the stream. For process streams that contain nitrogen, air, water or 
other inerts that are not HAP or VOC, the representative stream response 
factor shall be determined on an inert-free basis. The response factor 
may be determined at any concentration for which monitoring for leaks 
will be conducted.
    (ii) If there is no instrument commercially available that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall be 
zero air (less than 10 parts per million of hydrocarbon in air); and the 
gases specified in paragraph (b)(4)(i) of this section except as 
provided in paragraph (b)(4)(ii) of this section.
    (i) Mixtures of methane in air at a concentration no more than 2,000 
parts per million greater than the leak definition concentration of the 
equipment monitored. If the monitoring instrument's design allows for 
multiple calibration scales, then the lower scale shall be calibrated 
with a calibration gas that is no higher than 2,000 parts per million 
above the concentration specified as a leak, and the highest

[[Page 596]]

scale shall be calibrated with a calibration gas that is approximately 
equal to 10,000 parts per million. If only one scale on an instrument 
will be used during monitoring, the owner or operator need not calibrate 
the scales that will not be used during that day's monitoring.
    (ii) A calibration gas other than methane in air may be used if the 
instrument does not respond to methane or if the instrument does not 
meet the performance criteria specified in paragraph (b)(2)(i) of this 
section. In such cases, the calibration gas may be a mixture of one or 
more of the compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated 
source becoming subject to the referencing subpart that do not meet the 
criteria specified in paragraphs (b)(1) through (b)(5) of this section 
may still be used to qualify initially for less frequent monitoring 
under the provisions in Sec.  63.1025(a)(2), (b)(3) or (b)(4) for valves 
or Sec.  63.1027(b)(3) for connectors provided the departures from the 
criteria or from the specified monitoring frequency of Sec.  
63.1025(b)(3) or (b)(4) or Sec.  63.1027(b)(3) are minor and do not 
significantly affect the quality of the data. Examples of minor 
departures are monitoring at a slightly different frequency (such as 
every 6 weeks instead of monthly or quarterly), following the 
performance criteria of section 3.1.2, paragraph (a) of Method 21 of 
appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this 
section, or monitoring using a different leak definition if the data 
would indicate the presence or absence of a leak at the concentration 
specified in this subpart. Failure to use a calibrated instrument is not 
considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner or 
operator may elect to adjust or not to adjust the instrument readings 
for background. If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. In such cases, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to determine 
compliance with Sec.  63.1030(b) (pressure relief devices) or Sec.  
63.1031(f) (alternative compressor standard). If an owner or operator 
elects to adjust instrument readings for background, the owner or 
operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with Sec.  
63.1030(b) (pressure relief devices) or Sec.  63.1031(f) (alternative 
compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each leak 
is detected pursuant to the monitoring specified in paragraph (a) of 
this section, a weatherproof and readily visible identification, shall 
be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in Sec.  
63.1024(f) shall be recorded and kept pursuant to the referencing 
subpart, except for the information for connectors complying with the 8 
year monitoring period allowed under Sec.  63.1027(b)(3)(iii) shall be 
kept 5 years beyond the date of its last use.

[[Page 597]]



Sec.  63.1024  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical, but not later than 15 calendar days 
after it is detected, except as provided in paragraphs (d) and (e) of 
this section. A first attempt at repair as defined in this subpart shall 
be made no later than 5 calendar days after the leak is detected. First 
attempt at repair for pumps includes, but is not limited to, tightening 
the packing gland nuts and/or ensuring that the seal flush is operating 
at design pressure and temperature. First attempt at repair for valves 
includes, but is not limited to, tightening the bonnet bolts, and/or 
replacing the bonnet bolts, and/or tightening the packing gland nuts, 
and/or injecting lubricant into the lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal--(1) Valves and connectors in gas/
vapor and light liquid service. The leak identification on a valve in 
gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec.  63.1025(d)(2), and no leak has been 
detected during that monitoring. The leak identification on a connector 
in gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec.  63.1027(b)(3)(iv) and no leak has been 
detected during that monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec.  63.1023(e)(1), on equipment determined to have a leak, 
except for a valve or for a connector in gas/vapor or light liquid 
service that is subject to the provisions of Sec.  63.1027(b)(3)(iv), 
may be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (d)(5) of this 
section. The owner or operator shall maintain a record of the facts that 
explain any delay of repairs and, where appropriate, why the repair was 
technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit or affected facility 
shutdown. Repair of this equipment shall occur as soon as practical, but 
no later than the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (d)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of this 
section are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed, collected and routed to a fuel gas system or 
process, or recovered in a control device complying with either Sec.  
63.1034 or Sec.  63.1021(b) of this part.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec.  63.1035(d) will provide better performance or one of the 
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this 
section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec.  63.1026(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec.  63.1026(e)(2) will 
be installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a closed vent system and control device that meets the requirements 
of Sec.  63.1026(e)(3) will be installed; and
    (ii) Repair is completed as soon as practical, but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the

[[Page 598]]

process unit or affected facility shutdown, and valve assembly supplies 
have been depleted, and valve assembly supplies had been sufficiently 
stocked before the supplies were depleted. Delay of repair beyond the 
second process unit or affected facility shutdown will not be allowed 
unless the third process unit or affected facility shutdown occurs 
sooner than 6 months after the first process unit or affected facility 
shutdown.
    (e) Unsafe-to-repair--connectors. Any connector that is designated, 
as described in Sec.  63.1022(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec.  63.1027(d), and paragraph (a) of 
this section.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (f)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the source, 
or may be part of a separate document that is maintained at the plant 
site. In such cases, reasons for delay of repair may be documented by 
citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.



Sec.  63.1025  Valves in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to qualify initially for less 
frequent monitoring is governed by the provisions of Sec.  
63.1023(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec.  63.1021(b) 
or paragraph (e) of this section, or the referencing subpart, the owner 
or operator shall monitor all valves at the intervals specified in 
paragraphs (b)(3) and/or (b)(4) of this section and shall comply with 
all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks 
by the method specified in Sec.  63.1023(b) and, as applicable, Sec.  
63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor valves 
for leaks at the intervals specified in paragraphs (b)(3)(i) through 
(b)(3)(v) of this section and shall keep the record specified in 
paragraph (b)(3)(vi) of this section.
    (i) If at least the greater of 2 valves or 2 percent of the valves 
in a process unit leak, as calculated according to paragraph (c) of this 
section, the owner or operator shall monitor each valve once per month.
    (ii) At process units with less than the greater of 2 leaking valves 
or 2 percent leaking valves, the owner or operator shall monitor each 
valve once each quarter, except as provided in paragraphs (b)(3)(iii) 
through (b)(3)(v) of this section. Monitoring data generated before the 
regulated source became subject to the referencing subpart and meeting 
the criteria of either Sec.  63.1023(b)(1) through (b)(5), or Sec.  
63.1023(b)(6), may be used to qualify initially for less frequent 
monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) of this 
section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or

[[Page 599]]

operator may elect to monitor each valve once every two quarters
    (iv) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every four 
quarters.
    (v) At process units with less than 0.25 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section 
apply.
    (i) The overall performance of total valves in the applicable 
process unit or group of process units to be subdivided shall be less 
than 2 percent leaking valves, as detected according to paragraphs 
(b)(1) and (b)(2) of this section and as calculated according to 
paragraphs (c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the provisions of paragraphs 
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than one year of monitoring data or 
valves not monitored within the last twelve months must be placed 
initially into the most frequently monitored subgroup until at least one 
year of monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with that less frequently monitored 
subgroup's associated percent leaking valves calculation for that 
monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (e.g., for the last 12 months, 
if the valve or group of valves is to be reassigned to a subgroup being 
monitored annually). Nonrepairable valves may not be reassigned to a 
less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next Periodic Report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (b)(3) of this section for that 
applicable process unit or group of process units. An owner or operator 
can again elect to comply with the valve subgrouping procedures of 
paragraph (b)(4) of this section if future overall performance of total 
valves in the process unit or group of process units is again less than 
2 percent. The overall performance of total valves in the applicable 
process unit or group of process units shall be calculated as a weighted 
average of the percent leaking valves of each subgroup according to 
Equation number 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.010

where:

%VLO = Overall performance of total valves in the applicable 
          process unit or group of process units
%VLi = Percent leaking valves in subgroup i, most recent 
          value calculated according to the procedures in paragraphs 
          (c)(1)(ii) and (c)(2) of this section.
Vi = Number of valves in subgroup i.

[[Page 600]]

n = Number of subgroups.

    (iv) The owner or operator shall maintain records specified in 
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned, the last monitoring result prior to 
reassignment, and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to subgroup valves. The notification shall identify the 
participating process units and the number of valves assigned to each 
subgroup, if applicable, and may be included in the next Periodic 
Report.
    (vi) The owner or operator shall submit in the periodic reports the 
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
    (A) Total number of valves in each subgroup, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a process unit for the purposes of applying the 
provisions of this section.
    (c) Percent leaking valves calculation--(1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
compliance date of this part or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.011

where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, excluding nonrepairable 
          valves, as provided in paragraph (c)(3) of this section, and 
          including those valves found leaking pursuant to paragraphs 
          (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining monitoring 
frequency for each process unit or valve subgroup subject to annual or 
biennial (once every 2 years) monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be included 
in the calculation of percent leaking valves the first time the valve is 
identified as leaking and nonrepairable and as required to comply with 
paragraph (c)(3)(ii) of this section. Otherwise, a number of 
nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent of 
the total number of valves in regulated material service at a process 
unit or affected facility may be excluded from calculation of percent 
leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit 
or affected facility, the number of nonrepairable valves exceeding 1 
percent of the total

[[Page 601]]

number of valves in regulated material service shall be included in the 
calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec.  63.1024, as applicable.
    (2) After a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repaired and first attempt at repair.
    (i) The monitoring shall be conducted as specified in Sec.  
63.1023(b) and (c) of this section, as appropriate, to determine whether 
the valve has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the timing 
of the monitoring period coincides with the time specified in this 
paragraph. Alternatively, other monitoring may be performed to satisfy 
the requirements of this paragraph, regardless of whether the timing of 
the monitoring period for periodic monitoring coincides with the time 
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (d)(2) of this section, the owner or operator shall follow 
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c)(1)(ii) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements of 
paragraph (d)(2) of this section, then the valve shall be counted as a 
leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraph (b) of this section, to 
satisfy the requirements of paragraph (d)(2) of this section, then the 
valve shall be counted as a leaking valve unless it is repaired and 
shown by periodic monitoring not to be leaking.
    (e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any 
valve that is designated, as described in Sec.  63.1022(c)(1), as an 
unsafe-to-monitor valve is exempt from the requirements of paragraphs 
(b) and (d)(2) of this section and the owner or operator shall monitor 
the valve according to the written plan specified in Sec.  
63.1022(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated, as 
described in Sec.  63.1022(c)(2), as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec.  63.1022(c)(4).
    (3) Fewer than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the requirements for monthly monitoring specified in paragraph (b)(3)(i) 
of this section. Instead, the owner or operator shall monitor each valve 
in regulated material service for leaks once each quarter, as provided 
in paragraphs (e)(1) and (e)(2) of this section.



Sec.  63.1026  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec.  63.1021(b), 
Sec.  63.1036, Sec.  63.1037, or paragraph (e) of this section, the 
owner or operator shall monitor each pump to detect leaks and shall 
comply with all other provisions of this section.
    (1) Monitoring method and frequency. The pumps shall be monitored 
monthly to detect leaks by the method specified in Sec.  63.1023(b) and, 
as applicable, Sec.  63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is specified in paragraphs (b)(2)(i) through 
(b)(2)(iii) of this section.
    (i) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (iii) 1,000 parts per million or greater for all other pumps.
    (3) Leak repair exception. For pumps to which a 1,000 parts per 
million leak definition applies, repair is not required unless an 
instrument reading of

[[Page 602]]

2,000 parts per million or greater is detected.
    (4) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal at the time of the weekly 
inspection, the owner or operator shall follow the procedure specified 
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator shall monitor the pump as specified in 
Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c). If the instrument 
reading indicates a leak as specified in paragraph (b)(2) of this 
section, a leak is detected and it shall be repaired using the 
procedures in Sec.  63.1024, except as specified in paragraph (b)(3) of 
this section; or
    (ii) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec.  63.1035.
    (3) The number of pumps at a process unit or affected facility shall 
be the sum of all the pumps in regulated material service, except that 
pumps found leaking in a continuous process unit or affected facility 
within 1 month after start-up of the pump shall not count in the percent 
leaking pumps calculation for that one monitoring period only.
    (4) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.012

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
          monthly monitoring as required in paragraph (b)(1) of this 
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
          during the current monitoring period.
PT = Total pumps in regulated material service, including 
          those meeting the criteria in paragraphs (e)(1), (e)(2), 
          (e)(3), and (e)(6) of this section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec.  63.1024, as applicable, unless otherwise specified in paragraph 
(b)(5) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps--(1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design considerations 
and operating experience, criteria applicable to the presence and 
frequency of drips and to the sensor that indicates failure of the seal 
system, the barrier fluid system, or both. The owner or operator shall 
keep records at the plant of the design criteria and an explanation of 
the design criteria; and any changes to these criteria and the reasons 
for the changes. This record must be available for review by an 
inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) of 
this section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system or connected by a closed-vent system to 
a control

[[Page 603]]

device that complies with the requirements of either Sec.  63.1034 or 
Sec.  63.1021(b) of this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from the 
pump seal at the time of the weekly inspection, the owner or operator 
shall follow the procedure specified in paragraphs (e)(1)(v)(A) or 
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in 
Sec.  63.1023(b) and, as applicable, Sec.  63.1023 (c), to determine if 
there is a leak of regulated material in the barrier fluid. If an 
instrument reading of 1,000 parts per million or greater is measured, a 
leak is detected and it shall be repaired using the procedures in Sec.  
63.1024; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this section 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec.  63.1024.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any pump that is routed to a process or fuel gas system or 
equipped with a closed vent system capable of capturing and transporting 
leakage from the pump to a control device meeting the requirements of 
Sec.  63.1034 of this part or Sec.  63.1021(b) is exempt from the 
requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) 90 percent exemption. If more than 90 percent of the pumps at a 
process unit or affected facility meet the criteria in either paragraph 
(e)(1) or (e)(2) of this section, the process unit or affected facility 
is exempt from the percent leaking calculation in paragraph (c) of this 
section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec.  63.1022(c)(1), as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section, the monitoring 
and inspection requirements of paragraphs (e)(1)(v) through (viii) of 
this section, and the owner or operator shall monitor and inspect the 
pump according to the written plan specified in Sec.  63.1022(c)(4).

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec.  63.1027  Connectors in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall monitor all 
connectors in each process unit initially for leaks by the later of 
either 12 months after the compliance date as specified in a referencing 
subpart or 12 months after initial startup. If all connectors in each 
process unit have been monitored for leaks prior to the compliance date 
specified in the referencing subpart, no initial monitoring is required 
provided

[[Page 604]]

either no process changes have been made since the monitoring or the 
owner or operator can determine that the results of the monitoring, with 
or without adjustments, reliably demonstrate compliance despite process 
changes. If required to monitor because of a process change, the owner 
or operator is required to monitor only those connectors involved in the 
process change.
    (b) Leak detection. Except as allowed in Sec.  63.1021(b), Sec.  
63.1036, Sec.  63.1037, or as specified in paragraph (e) of this 
section, the owner or operator shall monitor all connectors in gas and 
vapor and light liquid service as specified in paragraphs (a) and (b)(3) 
of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec.  63.1023(b) and, as applicable, 
Sec.  63.1023(c).
    (2) Instrument reading that defines a leak. If an instrument reading 
greater than or equal to 500 parts per million is measured, a leak is 
detected.
    (3) Monitoring periods. The owner or operator shall perform 
monitoring, subsequent to the initial monitoring required in paragraph 
(a) of this section, as specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, and shall comply with the requirements of 
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required period 
in which monitoring must be conducted shall be determined from 
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the 
monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4 year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was less 
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) 
of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of 
this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is greater than or 
equal to 0.35 percent of the monitored connectors, the owner or operator 
shall monitor as soon as practical, but within the next 6 months, all 
connectors that have not yet been monitored during the monitoring 
period. At the conclusion of monitoring, a new monitoring period shall 
be started pursuant to paragraph (b)(3) of this section, based on the 
percent leaking connectors of the total monitored connectors.
    (C) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is less than 0.35 
percent of the monitored connectors, the owner or operator shall monitor 
all connectors that have not yet been monitored within 8 years of the 
start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraph 
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to 
be leaking, it shall be re-monitored once within 90 days after repair to 
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) Percent leaking connectors calculation. For use in determining 
the monitoring frequency, as specified in paragraphs (a) and (b)(3) of 
this section, the percent leaking connectors as used in paragraphs (a) 
and (b)(3) of this section shall be calculated by using equation number 
4.
[GRAPHIC] [TIFF OMITTED] TR29JN99.013

Where:


[[Page 605]]


%CL = Percent leaking connectors as determined through 
          periodic monitoring required in paragraphs (a) and (b)(3)(i) 
          through (b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million 
          or greater, by the method specified in Sec.  63.1023(b).
Ct = Total number of monitored connectors in the process unit 
          or affected facility.

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a) 
and (b) of this section, then the leak shall be repaired using the 
procedures in Sec.  63.1024, as applicable.
    (e) Special provisions for connectors--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in Sec.  
63.1022(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section and the owner or 
operator shall monitor according to the written plan specified in Sec.  
63.1022(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section, from the leak 
repair requirements of paragraph (d) of this section, and from the 
recordkeeping and reporting requirements of Sec. Sec.  63.1038 and 
63.1039. An inaccessible connector is one that meets any of the 
provisions specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F) of 
this section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (ii) If any inaccessible, ceramic or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.



Sec.  63.1028  Agitators in gas and vapor service 
and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) [Reserved]
    (c) Leak detection--(1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in Sec.  
63.1023(b) and, as applicable, Sec.  63.1023(c), except as provided in 
Sec.  63.1021(b), Sec.  63.1036, Sec.  63.1037, or paragraph (e) of this 
section.
    (2) Instrument reading that defines a leak. If an instrument reading 
equivalent of 10,000 parts per million or greater is measured, a leak is 
detected.
    (3) Visual inspection. (i) Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids dripping 
from the agitator seal. The owner or operator shall document that the 
inspection was conducted and the date of the inspection.
    (ii) If there are indications of liquids dripping from the agitator 
seal, the owner or operator shall follow the procedures specified in 
paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the 
next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c), to 
determine if there is a leak of regulated material. If an instrument 
reading of 10,000 parts per million or greater is measured, a leak is 
detected, and it shall be repaired according to paragraph (d) of this 
section; or

[[Page 606]]

    (B) The owner or operator shall eliminate the indications of liquids 
dripping from the agitator seal.
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec.  63.1024.
    (e) Special provisions for agitators--(1) Dual mechanical seal. Each 
agitator equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (c) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system or connected by a closed-vent system to 
a control device that meets the requirements of either Sec.  63.1034 or 
Sec.  63.1021(b); or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in paragraphs (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c), to 
determine the presence of regulated material in the barrier fluid. If an 
instrument reading equivalent to or greater than 10,000 ppm is measured, 
a leak is detected and it shall be repaired using the procedures in 
Sec.  63.1024, or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall 
meet the requirements specified in paragraphs (e)(1)(vi)(A) and 
(e)(1)(vi)(B).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria that indicates failure 
of the seal system, the barrier fluid system, or both and applicable to 
the presence and frequency of drips. If indications of liquids dripping 
from the agitator seal exceed the criteria, or if, based on the criteria 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected and shall be repaired pursuant to 
Sec.  63.1024, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (c) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any agitator that is routed to a process or fuel gas system 
that captures and transports leakage from the agitator to a control 
device meeting the requirements of either Sec.  63.1034 or Sec.  
63.1021(b) is exempt from the requirements of paragraph (c) of this 
section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (c)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.

[[Page 607]]

    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec.  63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (c) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec.  63.1022(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (c) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec.  63.1022(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (c) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in Sec.  
63.1022(c)(4).



Sec.  63.1029  Pumps, valves, connectors, and agitators 
in heavy liquid service; pressure relief devices in liquid service; 
and instrumentation systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Unless otherwise 
specified in Sec.  63.1021(b), Sec.  63.1036, or Sec.  63.1037, the 
owner or operator shall comply with paragraphs (b)(1) and (b)(2) of this 
section. Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in light liquid or heavy liquid 
service; and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec.  63.1023(b) and, as 
applicable, Sec.  63.1023(c), if evidence of a potential leak to the 
atmosphere is found by visual, audible, olfactory, or any other 
detection method, unless the potential leak is repaired as required in 
paragraph (c) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
of 10,000 parts per million or greater for agitators, 5,000 parts per 
million or greater for pumps handling polymerizing monomers, 2,000 parts 
per million or greater for pumps in food and medical service, or 2,000 
parts per million or greater for all other pumps (including pumps in 
food/medical service), or 500 parts per million or greater for valves, 
connectors, instrumentation systems, and pressure relief devices is 
measured pursuant to paragraph (b)(1) of this section, a leak is 
detected and shall be repaired pursuant to Sec.  63.1024, as applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in Sec.  
63.1023(b) and, as applicable, Sec.  63.1023(c), repaired shall mean 
that the visual, audible, olfactory, or other indications of a leak to 
the atmosphere have been eliminated; that no bubbles are observed at 
potential leak sites during a leak check using soap solution; or that 
the system will hold a test pressure.

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec.  63.1030  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided 
for in paragraph (c) of this section, or as otherwise specified in 
Sec. Sec.  63.1036, 63.1037, or paragraphs (d) and (e) of this section, 
each pressure relief device in gas and vapor service shall be operated 
with an instrument reading of less than 500 parts per million as 
measured by the method specified in Sec.  63.1023(b) and, as applicable, 
Sec.  63.1023(c).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated by 
an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in Sec.  63.1024(d).
    (2) The pressure relief device shall be monitored no later than five 
calendar days after the pressure to confirm the condition indicated by 
an instrument reading of less than 500 parts per million above 
background, as measured by the method specified in Sec.  63.1023(b) and, 
as applicable, Sec.  63.1023(c).

[[Page 608]]

    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including the background level measured and the maximum 
instrument reading measured during the monitoring.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or equipped 
with a closed vent system capable of capturing and transporting leakage 
from the pressure relief device to a control device meeting the 
requirements of Sec.  63.1034 is exempt from the requirements of 
paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release but no later than 5 calendar days after each pressure 
release, except as provided in Sec.  63.1024(d).



Sec.  63.1031  Compressors standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in 
Sec. Sec.  63.1021(b), 63.1036, 63.1037, and paragraphs (e) and (f) of 
this section. Each compressor seal system shall meet the applicable 
requirements specified in paragraph (b)(1), (b)(2), or (b)(3) of this 
section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of either Sec.  
63.1034 or Sec.  63.1021(b); or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, a 
leak is detected and shall be repaired pursuant to Sec.  63.1024, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed 
vent system. A compressor is exempt from the requirements of paragraphs 
(b) through (d) of this section if it is equipped with a system to 
capture and transport leakage from the compressor drive shaft seal to a 
process or a fuel gas system or to a closed vent system that captures 
and transports leakage from the compressor to a control device meeting 
the requirements of either Sec.  63.1034 or Sec.  63.1021(b).
    (f) Alternative compressor standard. (1) Any compressor that is 
designated, as described in Sec.  63.1022(e), as operating with an 
instrument reading of less than 500 parts per million above background 
shall operate at all times with an instrument reading of less than 500 
parts per million. A compressor so designated is exempt from the 
requirements of paragraphs (b) through (d) of this section if the 
compressor is demonstrated, initially upon designation, annually, and at 
other times requested by the Administrator to be operating with an 
instrument reading of less

[[Page 609]]

than 500 parts per million above background, as measured by the method 
specified in Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c).
    (2) The owner or operator shall record the dates and results of each 
compliance test including the background level measured and the maximum 
instrument reading measured during each compliance test.



Sec.  63.1032  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system, except 
as provided in Sec. Sec.  63.1021(b), 63.1036, 63.1037, or paragraph (d) 
of this section. Gases displaced during filling of the sample container 
are not required to be collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system as required in paragraph (b) of this section shall 
meet the applicable requirements specified in paragraphs (c)(1) through 
(c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or to a fuel gas system that meets the requirements of 
either Sec.  63.1034 or Sec.  63.1021(b); or
    (2) [Reserved]
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that meets the requirements of either 
Sec.  63.1034 or Sec.  63.1021(b); or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or subpart 
G, if the waste management unit is subject to and operating in 
compliance with the provisions of 40 CFR part 63, subpart G, applicable 
to group 1 wastewater streams. If the purged process fluid does not 
contain any regulated material listed in Table 9 of 40 CFR part 63, 
subpart G, the waste management unit need not be subject to, and 
operated in compliance with the requirements of 40 CFR part 63, subpart 
G, applicable to group 1 wastewater steams provided the facility has a 
National Pollution Discharge Elimination System (NPDES) permit or sends 
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.



Sec.  63.1033  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec. Sec.  63.1021(b), 63.1036, 
63.1037, and paragraphs (c) and (d) of this section. The cap, blind 
flange, plug, or second valve shall seal the open end at all times 
except during operations requiring process fluid flow through the open-
ended valve or line, or during maintenance. The operational provisions 
of paragraphs (b)(2) and (b)(3) of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (b)(1) of 
this section at all other times.

[[Page 610]]

    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in the 
event of a process upset are exempt from the requirements of paragraph 
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.



Sec.  63.1034  Closed vent systems and control devices; 
or emissions routed to a fuel gas system or process standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators routing emissions 
from equipment leaks to a fuel gas system or process shall comply with 
the provisions of subpart SS of this part, except as provided in Sec.  
63.1002(b).
    (2) Owners or operators of closed vent systems and control devices 
used to comply with the provisions of this subpart shall comply with the 
provisions of subpart SS of this part and (b)(2)(i) through (b)(2)(iii) 
of this section, except as provided in Sec.  63.1002(b).
    (i) Nonflare control devices shall be designed and operated to 
reduce emissions of regulated material vented to them with an efficiency 
of 95 percent or greater, or to an exit concentration of 20 parts per 
million by volume, whichever is less stringent. The 20 parts per million 
by volume standard is not applicable to the provisions of Sec.  63.1016.
    (ii) Enclosed combustion devices shall be designed and operated to 
reduce emissions of regulated material vented to them with an efficiency 
of 95 percent or greater, or to an exit concentration of 20 parts per 
million by volume, on a dry basis, corrected to 3 percent oxygen, 
whichever is less stringent, or to provide a minimum residence time of 
0.50 seconds at a minimum temperature of 760 [deg]C (1400 [deg]F).
    (iii) Flares used to comply with the provisions of this subpart 
shall comply with the requirements of subpart SS of this part.



Sec.  63.1035  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the greater 
of either 10 percent of the pumps in a process unit or affected facility 
(or plant site) or three pumps in a process unit or affected facility 
(or plant site) leak, the owner or operator shall comply with the 
requirements specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) Pumps that are in food and medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food and medical or polymerizing monomer 
service shall comply with all of the requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps, 
calculated as a 6-month rolling average, in the process unit or affected 
facility (or plant site). Once the performance level is achieved, the 
owner or operator shall comply with the requirements in Sec.  63.1026.
    (c) Resumption of QIP. If, in a subsequent monitoring period, the 
process unit or affected facility (or plant site) has greater than 
either 10 percent of the pumps leaking or three pumps leaking 
(calculated as a 6-month rolling average), the owner or operator shall 
resume the quality improvement program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet the 
requirements specified in paragraphs (d)(1) through (d)(8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec.  63.1026.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and 
maintain records for each pump in each process unit or affected facility 
(or plant site) subject to the quality improvement program. The

[[Page 611]]

data may be collected and the records may be maintained on a process 
unit, affected facility, or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal, 
gear, bellows); pump manufacturer; seal type and manufacturer; pump 
design (e.g., external shaft, flanged body); materials of construction; 
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process units 
or affected facilities, a description of any maintenance or quality 
assurance programs used in the process unit or affected facility that 
are intended to improve emission performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit or affected facility (or plant site) 
remains in the quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit or affected facility due to 
leaks. The inspection shall determine the probable cause of the pump 
seal failure or of the pump leak and shall include recommendations, as 
appropriate, for design changes or changes in specifications to reduce 
leak potential.
    (5)(i) Data analysis. The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit, 
affected facility, or plant site. A candidate superior performing pump 
or pump seal technology is one demonstrated or reported in the available 
literature or through a group study as having low emission performance 
and as being capable of achieving less than 10 percent leaking pumps in 
the process unit or affected facility (or plant site).
    (iii) The analysis shall include consideration of the information 
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this 
section.
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit or affected facility due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant site, a company, or a group of 
process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality

[[Page 612]]

improvement program. The first analysis shall be performed using data 
collected for a minimum of 6 months. An analysis of the data shall be 
done each year the process unit or affected facility is in the quality 
improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance, except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit or affected facility (or plant site) the pump designs 
or seal technologies, and operating and maintenance practices that have 
been identified by others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low probability of 
failure, or as having no external actuating mechanism in contact with 
the process fluid. If any of the candidate superior performing pump seal 
technologies or pumps is not included in the performance trials, the 
reasons for rejecting specific technologies from consideration shall be 
documented as required in paragraph (e)(3)(ii) of this section.
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units or affected facilities and the 
lesser of 1 percent or five pumps for programs involving a plant site or 
groups of process units or affected facilities. The minimum number of 
pumps or pump seal technologies in a trial program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of the information specified in paragraphs (d)(6)(iii)(A) 
through (d)(6)(iii)(D) of this section.
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least, 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit or affected facility. The owner or operator shall continue to 
conduct performance trials as long as no superior performing design or 
technology has been identified, except as provided in paragraph 
(d)(6)(vi) of this section. The initial list of superior emission 
performance pump designs or pump seal technologies shall be amended in 
the future, as appropriate, as additional information and experience are 
obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump replacement 
program at the start of the fourth year of the quality improvement 
program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit or affected facility may 
stop conducting performance trials provided that a superior performing 
design or

[[Page 613]]

technology has been demonstrated or there are no technically feasible 
alternative superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit or affected facility. The quality assurance program 
may establish any number of categories, or classes, of pumps as needed 
to distinguish among operating conditions and services associated with 
poorer than average emission performance as well as those associated 
with better than average emission performance. The quality assurance 
program shall be developed considering the findings of the data analysis 
required under paragraph (d)(5) of this section; and, if applicable, the 
findings of the trial evaluation required in paragraph (d)(6) of this 
section; and the operating conditions in the process unit or affected 
facility. The quality assurance program shall be updated each year as 
long as the process unit or affected facility has the greater of either 
10 percent or more leaking pumps or has three leaking pumps.
    (i) The quality assurance program shall meet the requirements 
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this 
section.
    (A) Establish minimum design standards for each category of pumps or 
pump seal technology. The design standards shall specify known critical 
parameters such as tolerance, manufacturer, materials of construction, 
previous usage, or other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or affected facility, or by a designated representative; 
and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications for 
the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees; and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Pump or pump seal replacement. Three years after the start of 
the quality improvement program for plant sites with 400 or more valves 
or 100 or more employees and at the start of the fourth year of the 
quality improvement program for plant sites with less than 400 valves 
and less than 100 employees, the owner or operator shall replace, as 
described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the 
pumps or pump seals that are not superior emission performance 
technology with pumps or pump seals that have been identified as 
superior emission performance technology and that comply with the 
quality assurance standards for the pump category. Superior emission 
performance technology is that category or design of pumps or pump seals 
with emission performance that when combined with appropriate process, 
operating, and maintenance practices, will result in less than 10 
percent leaking pumps for specific applications in the process unit, 
affected facility, or plant site. Superior emission performance 
technology includes material or design changes to the existing pump, 
pump seal, seal support system, installation of multiple mechanical 
seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of

[[Page 614]]

pumps in light liquid service. The calculated value shall be rounded to 
the nearest nonzero integer value. The minimum number of pumps or pump 
seals shall be one. Pump replacement shall continue until all pumps 
subject to the requirements of Sec.  63.1026 are pumps determined to be 
superior performance technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit or 
affected facility shutdown, provided the number of pump seals and pumps 
replaced is equivalent to the 20 percent or greater annual replacement 
rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit or affected facility as specified in paragraphs (e)(1) 
through (e)(6) of this section.
    (1) When using a pump quality improvement program as specified in 
this section, record the information specified in paragraphs (e)(1)(i) 
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date of 
successful repair.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies, and documentation of the performance trial program 
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.



Sec.  63.1036  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Sec. Sec.  63.1025 through 63.1033 and Sec.  63.1035, an 
owner or operator of a batch process that operates in regulated material 
service during the calendar year may comply with one of the standards 
specified in paragraphs (b) and (c) of this section, or the owner or 
operator may petition for approval of an alternative standard under the 
provisions of Sec.  63.1021(b). The alternative standards of this 
section provide the options of pressure testing or monitoring the 
equipment for leaks. The owner or operator may switch among the 
alternatives provided the change is documented as specified in paragraph 
(b)(7) of this section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use pressure 
testing of batch product-process equipment to demonstrate compliance 
with this subpart.

[[Page 615]]

    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, such 
as changing hoses or filters, that are not part of the reconfiguration 
to produce a different product or intermediate.
    (2) Testing procedures. The batch product process equipment shall be 
tested either using the procedures specified in paragraph (b)(5) of this 
section for pressure vacuum loss or with a liquid using the procedures 
specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired and 
the batch product-process equipment shall be retested before start-up of 
the process.
    (ii) If a batch product-process fails the retest (the second of two 
consecutive pressure tests), it shall be repaired as soon as practical, 
but not later than 30 calendar days after the second pressure test 
except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this 
section shall be used to pressure test batch product-process equipment 
for pressure or vacuum loss to demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section.
    (i) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety relief 
devices or valves or to a pressure slightly above the operating pressure 
of the equipment, or alternatively the equipment shall be placed under a 
vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless it 
can be determined in a shorter period of time that the allowable rate of 
pressure drop or of pressure rise was exceeded. The pressure in the 
batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate of 
change in pressure in the batch product-process equipment shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.014

Where:

[Delta] (P/t) = Change in pressure, pounds per square inch gauge per 
          hour.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 2.5 millimeter mercury (0.10 inch of mercury) in the 
range of test pressure and is capable of measuring pressures up to the 
relief set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
10 percent of the test pressure of the equipment 
and shall extend the duration of the test for the time necessary to 
detect a pressure loss or rise that equals a rate of 1 pound per square 
inch gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.

[[Page 616]]

    (6) Pressure test procedure using test liquid. The procedures 
specified in paragraphs (b)(6)(i) through (b)(6)(iv) of this section 
shall be used to pressure-test batch product-process equipment using a 
liquid to demonstrate compliance with the requirements of paragraph 
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train, or section of the 
equipment train, shall be filled with the test liquid (e.g., water, 
alcohol) until normal operating pressure is obtained. Once the equipment 
is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 
minutes, unless it can be determined in a shorter period of time that 
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected for 
indications of liquid dripping or other indications of fluid loss. If 
there are any indications of liquids dripping or of fluid loss, a leak 
is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment, if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a batch 
product process who elects to pressure test the batch product process 
equipment train to demonstrate compliance with this subpart shall 
maintain records of the information specified in paragraphs (b)(7)(i) 
through (b)(7)(v) of this section.
    (i) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material service and subject to the provisions of this subpart 
is not required. Equipment in a batch product process subject to the 
provisions of this subpart may be identified on a plant site plan, in 
log entries, or by other appropriate methods.
    (iii) The dates of each pressure test required in paragraph (b) of 
this section, the test pressure, and the pressure drop observed during 
the test.
    (iv) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (v) When a batch product process equipment train does not pass two 
consecutive pressure tests, the information specified in paragraphs 
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in a 
log and kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met if 
an owner or operator elects to monitor the equipment in a batch process 
to detect leaks by the method specified in Sec.  63.1023(b) and, as 
applicable, Sec.  63.1023(c), to demonstrate compliance with this 
subpart.
    (1) The owner or operator shall comply with the requirements of 
Sec. Sec.  63.1025 through 63.1035 as modified by paragraphs (c)(2) 
through (c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c), when 
the equipment is in regulated material service or is in use with any 
other detectable material.
    (3) The equipment shall be monitored for leaks as specified in 
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of start-up of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit or affected facility.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec.  63.1027.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 to this subpart. The operating time 
shall be

[[Page 617]]

determined as the proportion of the year the batch product-process that 
is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) 
of this section are not requirements for monitoring at specific 
intervals and can be adjusted to accommodate process operations. An 
owner or operator may monitor anytime during the specified monitoring 
period (e.g., month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as practical 
but not later than 15 calendar days after it is detected, except as 
provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units or affected facilities that the owner or operator elects to 
monitor as provided under paragraph (c) of this section, the owner or 
operator shall prepare a list of equipment added to batch product 
process units or affected facilities since the last monitoring period 
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section.
    (2) Maintain records demonstrating the proportion of the time during 
the calendar year the equipment is in use in a batch process that is 
subject to the provisions of this subpart. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit or affected 
facility. These records are not required if the owner or operator does 
not adjust monitoring frequency by the time in use, as provided in 
paragraph (c)(3)(iii) of this section.
    (3) Record and keep pursuant to the referencing subpart and this 
subpart, the date and results of the monitoring required in paragraph 
(c)(3)(i) of this section for equipment added to a batch product-process 
unit or affected facility since the last monitoring period required in 
paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If no leaking 
equipment is found during this monitoring, the owner or operator shall 
record that the inspection was performed. Records of the actual 
monitoring results are not required.
    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available providing the conditions specified in paragraphs (e)(1) and 
(e)(2) of this section are met.
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after delivery 
of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the Periodic 
Report to be filed pursuant to Sec.  63.1039(b) shall include the 
information listed in paragraphs (f)(1) through (f)(4) of this section 
for each process unit.
    (1) Batch product process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and
    (4) The facts that explain any delay of repairs.



Sec.  63.1037  Alternative means of emission limitation: 
Enclosed-vented process units or affected facilities.

    (a) Use of closed vent system and control device. Process units or 
affected facilities or portions of process units at affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
vented through a closed vent system to a control device or routed to a 
fuel gas system or process meeting the requirements of Sec.  63.1034 are 
exempt from the requirements of Sec. Sec.  63.1025 through 63.1033 and 
63.1035. The enclosure shall be maintained under a negative pressure at 
all times while the process unit or affected facility is in operation to 
ensure that all emissions are routed to a control device.

[[Page 618]]

    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and 
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, enclosure, 
and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.



Sec.  63.1038  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(e.g., quarterly monitoring, quality improvement) for each type of 
equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in Sec.  
63.1022(a) and (b), the owner or operator shall keep general and 
specific equipment identification if the equipment is not physically 
tagged and the owner or operator is electing to identify the equipment 
subject to this subpart through written documentation such as a log or 
other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec.  63.1022(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec.  63.1022(d)(2) for any equipment 
that is designated as unsafe-to-repair.
    (4) As specified in Sec.  63.1022(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec.  63.1022(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec.  63.1023(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec.  63.1024(f) and records for delay of repair as 
specified in Sec.  63.1024(d).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the records specified in paragraphs (c)(1)(i) 
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in 
Sec.  63.1025(b)(3)(vi).
    (ii) The valve subgrouping records specified in Sec.  
63.1025(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in Sec.  
63.1026(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec.  63.1026(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for 
dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec.  63.1026(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
monitoring schedule for each process unit as specified in Sec.  
63.1027(b)(3)(v).
    (4) For agitators, the owner or operator shall maintain the 
following records:
    (i) Documentation of agitator seal visual inspections as specified 
in Sec.  63.1028; and
    (ii) For the criteria as to the presence and frequency of drips for 
agitators, the owner or operator shall keep records of the design 
criteria and explanations and any changes and the reason for the 
changes, as specified in Sec.  63.1028(e)(1)(vi).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec.  63.1030(c)(3).

[[Page 619]]

    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the barrier 
fluid system, record the design criteria and explanations and any 
changes and the reason for the changes, as specified in Sec.  
63.1031(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec.  63.1031(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain the 
records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this 
section.
    (i) Individual pump records as specified in Sec.  63.1035(d)(2).
    (ii) Trial evaluation program documentation as specified in Sec.  
63.1035(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec.  63.1035(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in Sec.  
63.1035(d)(7).
    (v) QIP records as specified in Sec.  63.1035(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the records specified 
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
    (i) Pressure test records as specified in Sec.  63.1036(b)(7).
    (ii) Records for equipment added to the process unit as specified in 
Sec.  63.1036(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec.  63.1037(b).



Sec.  63.1039  Reporting requirements.

    (a) Initial Compliance Status Report. Each owner or operator shall 
submit an Initial Compliance Status Report according to the procedures 
in the referencing subpart. The notification shall include the 
information listed in paragraphs (a)(1) through (a)(3) of this section, 
as applicable.
    (1) The notification shall provide the information listed in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each process 
unit or affected facility subject to the requirements of this subpart.
    (i) Process unit or affected facility identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for requirements in Sec. Sec.  63.1025 and 
63.1026.
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit or affected facility subject to the requirements of Sec.  
63.1036(b).
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process 
unit or affected facility subject to the requirements in Sec.  63.1037.
    (i) Process unit or affected facility identification.
    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of Sec.  63.1034 of this part.
    (b) Periodic Reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(8) of this 
section, as applicable, in the Periodic Report specified in the 
referencing subpart.
    (1) For the equipment specified in paragraphs (b)(1)(i) through 
(b)(1)(v) of this section, report in a summary format by equipment type, 
the number of components for which leaks were detected and for valves, 
pumps and connectors show the percent leakers, and the total number of 
components monitored. Also include the number of leaking components that 
were not repaired as required by Sec.  63.1024, and for

[[Page 620]]

valves and connectors, identify the number of components that are 
determined by Sec.  63.1025(c)(3) to be nonrepairable.
    (i) Valves in gas and vapor service and in light liquid service 
pursuant to Sec.  63.1025(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec.  63.1026(b) and 
(c).
    (iii) Connectors in gas and vapor service and in light liquid 
service pursuant to Sec.  63.1027(b) and (c).
    (iv) Agitators in gas and vapor service and in light liquid service 
pursuant to Sec.  63.1028(c).
    (v) Compressors pursuant to Sec.  63.1031(d).
    (2) Where any delay of repair is utilized pursuant to Sec.  
63.1024(d), report that delay of repair has occurred and report the 
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec.  63.1025(b)(4)(iv).
    (4) For pressure relief devices in gas and vapor service pursuant to 
Sec.  63.1030(b) and for compressors pursuant to Sec.  63.1031(f) that 
are to be operated at a leak detection instrument reading of less than 
500 parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec.  63.1025(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec.  63.1035.
    (7) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec.  
63.1036(f).
    (8) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units or affected 
facilities with later compliance dates. Report any revisions to items 
reported in an earlier Initial Compliance Status Report if the method of 
compliance has changed since the last report.



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

----------------------------------------------------------------------------------------------------------------
                                           Equivalent continuous process monitoring frequency time in use
    Operating time (% of year)    ------------------------------------------------------------------------------
                                            Monthly                   Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
 0 to <25%.......................  Quarterly................  Annually................  Annually.
25 to <50%.......................  Quarterly................  Semiannually............  Annually.
50 to <75%.......................  Bimonthly................  Three times.............  Semiannually.
75 to 100%.......................  Monthly..................  Quarterly...............  Semiannually.
----------------------------------------------------------------------------------------------------------------



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

    Source: 61 FR 34195, July 1, 1996, unless otherwise noted.



Sec.  63.1040  Applicability.

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



Sec.  63.1041  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this

[[Page 621]]

subpart shall take precedence when implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed position, 
prevents or reduces air emissions to the atmosphere by blocking an 
opening in a fixed roof or floating roof. Closure devices include 
devices that are detachable from the cover (e.g., a sampling port cap), 
manually operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a separator. A continuous seal may be constructed of 
fastened segments so as to form a continuous seal.
    Fixed roof means a cover that is mounted on a separator in a 
stationary position and does not move with fluctuations in the level of 
the liquid managed in the separator.
    Floating roof means a pontoon-type or double-deck type cover that 
rests upon and is supported by the liquid managed in a separator.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
that is mounted between the wall of the separator and the floating roof, 
and the seal is in contact with the liquid in a separator.
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the separator 
by springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.1046(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in separators using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials.
    Separator means a waste management unit, generally a tank, that is 
used to separate oil or organics from water. A separator consists of not 
only the separation unit but also the forebay and other separator 
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens 
that are located directly after the individual drain system and prior to 
any additional treatment units such as an air flotation unit clarifier 
or biological treatment unit. Examples of a separator include an API 
separator, parallel-plate interceptor, and corrugated-plate interceptor 
with the associated ancillary equipment.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]

[[Page 622]]



Sec.  63.1042  Standards--Separator fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a fixed roof.
    (b) The separator shall be equipped with a fixed roof designed to 
meet the following specifications:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
separator.
    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the 
separator wall.
    (3) Each opening in the fixed roof shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
opening and the closure device.
    (4) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability; the 
effects of any contact with the liquid and its vapors managed in the 
separator; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the separator on which 
the fixed roof is installed.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in vapor headspace underneath the fixed roof in 
accordance with the separator design specifications. The device shall be 
designed to operate with no detectable organic emissions, as determined 
using the procedure specified in Sec.  63.1046(a) of this subpart, when 
the device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the pressure in the vapor headspace underneath 
the fixed roof is within the pressure operating range determined by the 
owner or operator based on the cover manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    (3) Opening of a safety device, as defined in Sec.  63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the fixed roof and any 
closure devices in accordance with the requirements specified in Sec.  
63.1047(a) of this subpart.



Sec.  63.1043  Standards--Separator floating roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a floating roof.

[[Page 623]]

    (b) The separator shall be equipped with a floating roof designed to 
meet the following specifications:
    (1) The floating roof shall be designed to float on the liquid 
surface during normal operations.
    (2) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the separator and the roof 
edge. The lower seal is referred to as the primary seal, and the upper 
seal is referred to as the secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec.  63.1041 of this subpart. The total area 
of the gaps between the separator wall and the primary seal shall not 
exceed 67 square centimeters (cm\2\) per meter of separator wall 
perimeter, and the width of any portion of these gaps shall not exceed 
3.8 centimeters (cm).
    (ii) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
separator. The total area of the gaps between the separator wall and the 
secondary seal shall not exceed 6.7 square centimeters (cm\2\) per meter 
of separator wall perimeter, and the width of any portion of these gaps 
shall not exceed 1.3 centimeters (cm).
    (3) Except as provided for in paragraph (b)(4) of this section, each 
opening in the floating roof shall be equipped with a closure device 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device.
    (4) The floating roof may be equipped with one or more emergency 
roof drains for removal of stormwater. Each emergency roof drain shall 
be equipped with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening or a flexible fabric sleeve seal.
    (c) Whenever a regulated-material is in the separator, the floating 
roof shall float on the liquid (i.e., off the roof supports) and each 
closure device shall be secured in the closed position except as 
follows:
    (1) Opening of closure devices is allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec.  63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating roof in 
accordance with the procedures specified in Sec.  63.1047(b) of this 
subpart.



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

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator using a fixed 
roof and venting the vapor headspace underneath the fixed roof through a 
closed-vent system to a control device.
    (b) The separator shall be covered by a fixed roof and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
separator.
    (2) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in

[[Page 624]]

the vapor headspace underneath the fixed roof is equal to or greater 
than atmospheric pressure when the control device is operating, the 
closure device shall be designed to operate with no detectable organic 
emissions, as determined using the procedure specified in Sec.  
63.1046(a) of this subpart.
    (3) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability; the 
effects of any contact with the liquid or its vapors managed in the 
separator; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the separator on which 
the fixed roof is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the separator, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec.  63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in Sec.  
63.1047(c) of this subpart.



Sec.  63.1045  Standards--Pressurized separator.

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator that is 
pressurized and is operated as a closed-system.
    (b) The pressurized separator must meet the following requirements.
    (1) The separator must be designed not to vent to the atmosphere as 
a result of compression of the vapor headspace in the separator during 
operation of the separator at its design capacity.
    (2) All separator openings must be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec.  63.1046(a) of this subpart.
    (3) Whenever a regulated-material is in the separator, the separator 
must be operated as a closed system that does not vent to the atmosphere 
except under either of the following conditions as specified in 
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec.  63.1041 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the separator is 
required, and the purge stream is routed to a closed-vent system and 
control device designed and operated in accordance with the applicable 
requirements of Sec.  63.693.

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

[[Page 625]]



Sec.  63.1046  Test methods and procedures.

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

[[Page 626]]

emissions if the organic concentration value determined in paragraph 
(a)(8) is less than 500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) Procedure for performing floating roof seal gap measurements for 
the purpose of complying with this subpart.
    (1) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually.
    (2) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (3) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where 0.32-centimeter (cm) (\1/8\ 
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the separator and 
measure the circumferential distance of each such location.
    (4) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the separator wall 
to the seal and multiplying each such width by its respective 
circumferential distance.
    (5) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal perimeter of the separator basin. These total 
gap areas for the primary seal and secondary seal then are compared to 
the respective standards for the seal type as specified in Sec.  
63.1043(b)(2) of this subpart.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



Sec.  63.1047  Inspection and monitoring requirements.

    (a) Owners and operators that use a separator equipped with a fixed 
roof in accordance with the provisions of Sec.  63.1042 of this subpart 
shall meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the separator wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (2) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (e) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.1048(a)(2) of 
this subpart.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec.  63.1043 of this 
subpart shall meet the following requirements:
    (1) The owner or operator shall measure the floating roof seal gaps 
using the procedure specified in Sec.  63.1046(b) of this subpart in 
accordance with the following requirements:
    (i) The owner or operator shall perform measurements of gaps between 
the separator wall and the primary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every 5 years.
    (ii) The owner or operator shall perform measurements of gaps 
between the separator wall and the secondary seal within 60 days after 
initial operation of the separator following installation of the 
floating roof and, thereafter, at least once every year.
    (iii) If a separator ceases to hold regulated-material for a period 
of 1 year or more, subsequent introduction of regulated-material into 
the separator

[[Page 627]]

shall be considered an initial operation for the purpose of complying 
with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (iv) In the event that the seal gap measurements do not conform to 
the specifications in Sec.  63.1043(b)(2) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.1048 (a)(2) 
and (b) of this subpart.
    (2) The owner or operator shall visually inspect the floating roof 
in accordance with the following requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to: holes, tears, or other openings in the rim seal or seal 
fabric of the floating roof; a rim seal detached from the floating roof; 
all or a portion of the floating roof deck being submerged below the 
surface of the liquid in the separator; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the floating roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.1048(a)(2) of 
this subpart.
    (c) Owners and operators that use a separator equipped with a fixed 
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec.  63.1044 of this subpart shall 
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the fixed roof in 
accordance with the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (e) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.1048(a)(2) of 
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec.  63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (d) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (d)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the separator and no alternative 
treatment capacity is available at the facility site to accept the 
regulated-material normally treated in the separator. In this case, the 
owner or operator shall repair the defect at the next time the process 
or unit that is generating the regulated-material managed in the 
separator

[[Page 628]]

stops operation. Repair of the defect shall be completed before the 
process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  
63.1048(a)(3) of this subpart.
    (e) Alternative inspection interval. Following the initial 
inspection of a fixed roof in accordance with the applicable provisions 
of this section, subsequent inspection of the fixed roof may be 
performed at intervals longer than 1 year when an owner or operator 
determines that performing the required inspection would expose a worker 
to dangerous, hazardous, or otherwise unsafe conditions and the owner or 
operator complies with the requirements specified in paragraphs (e)(1) 
and (e)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific fixed roof 
designated as ``unsafe to inspect.'' The documentation must include for 
each fixed roof designated as such a written explanation of the reasons 
why the fixed roof is unsafe to inspect using the applicable procedures 
under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the fixed roof using the applicable 
procedures specified in this section during times when a worker can 
safely access the fixed roof. The required inspections and monitoring 
must be performed as frequently as practicable but do not need to be 
performed more frequently than the periodic schedule that would be 
otherwise applicable to the fixed roof under the provisions of this 
section. A copy of the written plan and schedule must be maintained at 
the plant site.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38992, July 20, 1999]



Sec.  63.1048  Recordkeeping requirements.

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

[[Page 629]]



Sec.  63.1049  Reporting requirements.

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



Sec.  63.1050  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



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

    Source: 64 FR 34918, June 29, 1999, unless otherwise noted.



Sec.  63.1060  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from storage vessels for which another subpart references the use of 
this subpart for such air emission control. These air emission standards 
for storage vessels are placed here for administrative convenience and 
only apply to those owners and operators of facilities subject to a 
referencing subpart. The provisions of subpart A (General Provisions) of 
this part do not apply to this subpart except as noted in the 
referencing subpart.



Sec.  63.1061  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section.
    Capacity means the volume of liquid that is capable of being stored 
in a vessel, determined by multiplying the vessel's internal cross-
sectional area by the internal height of the shell.
    Deck cover means a device which covers an opening in a floating roof 
deck. Some deck covers move horizontally relative to the deck (i.e., a 
sliding cover).
    Empty or emptying means the partial or complete removal of stored 
liquid from a storage vessel. Storage vessels that contain liquid only 
as wall or bottom clingage, or in pools due to bottom irregularities, 
are considered completely empty.

[[Page 630]]

    External floating roof or EFR means a floating roof located in a 
storage vessel without a fixed roof.
    Fill or filling means the introduction of liquid into a storage 
vessel, but not necessarily to capacity.
    Fixed roof means a roof that is mounted (i.e., permanently affixed) 
on a storage vessel and that does not move with fluctuations in stored 
liquid level.
    Flexible fabric sleeve seal means a seal made of an elastomeric 
fabric (or other material) which covers an opening in a floating roof 
deck, and which allows the penetration of a fixed roof support column. 
The seal is attached to the rim of the deck opening and extends to the 
outer surface of the column. The seal is draped (but does not contact 
the stored liquid) to allow the horizontal movement of the deck relative 
to the column.
    Floating roof means a roof that floats on the surface of the liquid 
in a storage vessel. A floating roof substantially covers the stored 
liquid surface (but is not necessarily in contact with the entire 
surface), and is comprised of a deck, a rim seal, and miscellaneous deck 
fittings.
    Initial fill or initial filling means the first introduction of 
liquid into a storage vessel that is either newly constructed or has not 
been in liquid service for a year or longer.
    Internal floating roof or IFR means a floating roof located in a 
storage vessel with a fixed roof. For the purposes of this subpart, an 
external floating roof located in a storage vessel to which a fixed roof 
has been added is considered to be an internal floating roof.
    Liquid-mounted seal means a resilient or liquid-filled rim seal 
designed to contact the stored liquid.
    Mechanical shoe seal or metallic shoe seal means a rim seal 
consisting of a band of metal (or other suitable material) as the 
sliding contact with the wall of the storage vessel, and a fabric seal 
to close the annular space between the band and the rim of the floating 
roof deck. The band is typically formed as a series of sheets (shoes) 
that are overlapped or joined together to form a ring. The lower end of 
the band extends into the stored liquid.
    Pole float means a float located inside a guidepole that floats on 
the surface of the stored liquid. The rim of the float has a wiper or 
seal that extends to the inner surface of the pole.
    Pole sleeve means a device which extends from either the cover or 
the rim of an opening in a floating roof deck to the outer surface of a 
pole that passes through the opening. The sleeve extends into the stored 
liquid.
    Pole wiper means a seal that extends from either the cover or the 
rim of an opening in a floating roof deck to the outer surface of a pole 
that passes through the opening.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Rim seal means a device attached to the rim of a floating roof deck 
that spans the annular space between the deck and the wall of the 
storage vessel. When a floating roof has only one such device, it is a 
primary seal; when there are two seals (one mounted above the other), 
the lower seal is the primary seal and the upper seal is the secondary 
seal.
    Slotted guidepole means a guidepole or gaugepole that has slots or 
holes through the wall of the pole. The slots or holes allow the stored 
liquid to flow into the pole at liquid levels above the lowest operating 
level.
    Storage vessel or Tank means a stationary unit that is constructed 
primarily of nonearthen materials (such as wood, concrete, steel, 
fiberglass, or plastic) which provide structural support and is designed 
to hold an accumulation of liquids or other materials.
    Vapor-mounted seal means a rim seal designed not to be in contact 
with the stored liquid. Vapor-mounted seals may include, but are not 
limited to, resilient seals and flexible wiper seals.



Sec.  63.1062  Storage vessel control requirements.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with one of the requirements listed in 
paragraphs (a)(1) through (a)(3) of this section.
    (1) Operate and maintain an IFR.
    (2) Operate and maintain an EFR.
    (3) Equivalent requirements. Comply with an equivalent to the 
requirements

[[Page 631]]

in paragraph (a)(1) or (a)(2) of this section, as provided in Sec.  
63.1064.
    (b) [Reserved]



Sec.  63.1063  Floating roof requirements.

    The owner or operator who elects to use a floating roof to comply 
with the requirements of Sec.  63.1062 shall comply with the 
requirements in paragraphs (a) through (e) of this section.
    (a) Design requirements--(1) Rim seals. (i) Internal floating roof. 
An IFR shall be equipped with one of the seal configurations listed in 
paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section.
    (A) A liquid-mounted seal.
    (B) A mechanical shoe seal.
    (C) Two seals mounted one above the other. The lower seal may be 
vapor-mounted.
    (D) If the IFR is equipped with a vapor-mounted seal as of the 
proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section do not apply until the next time the 
storage vessel is completely emptied and degassed, or 10 years after 
promulgation of the referencing subpart, whichever occurs first.
    (ii) External floating roof. An EFR shall be equipped with one of 
the seal configurations listed in paragraphs (a)(1)(ii)(A) and 
(a)(1)(ii)(B) of this section.
    (A) A liquid-mounted seal and a secondary seal.
    (B) A mechanical shoe seal and a secondary seal. The upper end of 
the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above 
the stored liquid surface.
    (C) If the EFR is equipped with a liquid-mounted seal or mechanical 
shoe seal, or a vapor-mounted seal and secondary seal, as of the 
proposal date for a referencing subpart, the seal options specified in 
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply 
until the next time the storage vessel is completely emptied and 
degassed, or 10 years after the promulgation date of the referencing 
subpart, whichever occurs first.
    (2) Deck fittings. Openings through the deck of the floating roof 
shall be equipped as described in paragraphs (a)(2)(i) through 
(a)(2)(viii) of this section.
    (i) Each opening except those for automatic bleeder vents (vacuum 
breaker vents) and rim space vents shall have its lower edge below the 
surface of the stored liquid.
    (ii) Each opening except those for automatic bleeder vents (vacuum 
breaker vents), rim space vents, leg sleeves, and deck drains shall be 
equipped with a deck cover. The deck cover shall be equipped with a 
gasket between the cover and the deck.
    (iii) Each automatic bleeder vent (vacuum breaker vent) and rim 
space vent shall be equipped with a gasketed lid, pallet, flapper, or 
other closure device.
    (iv) Each opening for a fixed roof support column may be equipped 
with a flexible fabric sleeve seal instead of a deck cover.
    (v) Each opening for a sample well or deck drain (that empties into 
the stored liquid) may be equipped with a slit fabric seal or similar 
device that covers at least 90 percent of the opening, instead of a deck 
cover.
    (vi) Each cover on access hatches and gauge float wells shall be 
designed to be bolted or fastened when closed.
    (vii) Each opening for an unslotted guidepole shall be equipped with 
a pole wiper, and each unslotted guidepole shall be equipped with a 
gasketed cap on the top of the guidepole.
    (viii) Each opening for a slotted guidepole shall be equipped with 
one of the control device configurations specified in paragraphs 
(a)(2)(viii)(A) and (a)(2)(viii)(B) of this section.
    (A) A pole wiper and a pole float. The wiper or seal of the pole 
float shall be at or above the height of the pole wiper.
    (B) A pole wiper and a pole sleeve.
    (ix) If the floating roof does not meet the requirements listed in 
paragraphs (a)(2)(i) through (a)(2)(viii) of this section as of the 
proposal date of the referencing subpart, these requirements do not 
apply until the next time the vessel is completely emptied and degassed, 
or 10 years after the promulgation date of the referencing subpart, 
whichever occurs first.
    (b) Operational requirements. (1) The floating roof shall float on 
the stored liquid surface at all times, except when the floating roof is 
supported by its leg

[[Page 632]]

supports or other support devices (e.g., hangers from the fixed roof).
    (2) When the storage vessel is storing liquid, but the liquid depth 
is insufficient to float the floating roof, the process of filling to 
the point of refloating the floating roof shall be continuous and shall 
be performed as soon as practical.
    (3) Each cover over an opening in the floating roof, except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents, 
shall be closed at all times, except when the cover must be open for 
access.
    (4) Each automatic bleeder vent (vacuum breaker vent) and rim space 
vent shall be closed at all times, except when required to be open to 
relieve excess pressure or vacuum, in accordance with the manufacturer's 
design.
    (5) Each unslotted guidepole cap shall be closed at all times except 
when gauging the liquid level or taking liquid samples.
    (c) Inspection frequency requirements--(1) Internal floating roofs. 
Internal floating roofs shall be inspected as specified in paragraph 
(d)(1) of this section before the initial filling of the storage vessel. 
Subsequent inspections shall be performed as specified in paragraph 
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) Internal floating roofs shall be inspected as specified in 
paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section.
    (A) At least once per year the IFR shall be inspected as specified 
in paragraph (d)(2) of this section.
    (B) Each time the storage vessel is completely emptied and degassed, 
or every 10 years, whichever occurs first, the IFR shall be inspected as 
specified in paragraph (d)(1) of this section.
    (ii) Instead of the inspection frequency specified in paragraph 
(c)(1)(i) of this section, internal floating roofs with two rim seals 
may be inspected as specified in paragraph (d)(1) of this section each 
time the storage vessel is completely emptied and degassed, or every 5 
years, whichever occurs first.
    (2) External floating roofs. External floating roofs shall be 
inspected as specified in paragraphs (c)(2)(i) through (c)(2)(iv) of 
this section.
    (i) Within 90 days after the initial filling of the storage vessel, 
the primary and secondary rim seals shall be inspected as specified in 
paragraph (d)(3) of this section.
    (ii) The secondary seal shall be inspected at least once every year, 
and the primary seal shall be inspected at least every 5 years, as 
specified in paragraph (d)(3) of this section.
    (iii) Each time the storage vessel is completely emptied and 
degassed, or every 10 years, whichever occurs first, the EFR shall be 
inspected as specified in paragraph (d)(1) of this section.
    (iv) If the owner or operator determines that it is unsafe to 
perform the floating roof inspections specified in paragraphs (c)(2)(i) 
and (c)(2)(ii) of this section, the owner or operator shall comply with 
the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this 
section.
    (A) The inspections shall be performed no later than 30 days after 
the determination that the floating roof is unsafe.
    (B) The storage vessel shall be removed from liquid service no later 
than 45 days after determining the floating roof is unsafe. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. 
Documentation of a decision to use an extension shall include an 
explanation of why it was unsafe to perform the inspection, 
documentation that alternative storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical.
    (d) Inspection procedure requirements. Floating roof inspections 
shall be conducted as specified in paragraphs (d)(1) through (d)(3) of 
this section, as applicable. If a floating roof fails an inspection, the 
owner or operator shall comply with the repair requirements of paragraph 
(e) of this section.
    (1) Floating roof (IFR and EFR) inspections shall be conducted by 
visually inspecting the floating roof deck, deck fittings, and rim seals 
from within the storage vessel. The inspection may be performed entirely 
from the top side of the floating roof, as long as

[[Page 633]]

there is visual access to all deck components specified in paragraph (a) 
of this section. Any of the conditions described in paragraphs (d)(1)(i) 
through (d)(1)(v) of this section constitutes inspection failure.
    (i) Stored liquid on the floating roof.
    (ii) Holes or tears in the primary or secondary seal (if one is 
present).
    (iii) Floating roof deck, deck fittings, or rim seals that are not 
functioning as designed (as specified in paragraph (a) of this section).
    (iv) Failure to comply with the operational requirements of 
paragraph (b) of this section.
    (v) Gaps of more than 0.32 centimeters (\1/8\ inch) between any deck 
fitting gasket, seal, or wiper (required by paragraph (a) of this 
section) and any surface that it is intended to seal.
    (2) Tank-top inspections of IFR's shall be conducted by visually 
inspecting the floating roof deck, deck fittings, and rim seal through 
openings in the fixed roof. Any of the conditions described in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes 
inspection failure. Identification of holes or tears in the rim seal is 
required only for the seal that is visible from the top of the storage 
vessel.
    (3) Seal gap inspections for EFR's shall determine the presence and 
size of gaps between the rim seals and the wall of the storage vessel by 
the procedures specified in paragraph (d)(3)(i) of this section. Any 
exceedance of the gap requirements specified in paragraphs (d)(3)(ii) 
and (d)(3)(iii) of this section constitutes inspection failure.
    (i) Rim seals shall be measured for gaps at one or more levels while 
the EFR is floating, as specified in paragraphs (d)(3)(i)(A) through 
(d)(3)(i)(F) of this section.
    (A) The inspector shall hold a 0.32 centimeter (\1/8\ inch) diameter 
probe vertically against the inside of the storage vessel wall, just 
above the rim seal, and attempt to slide the probe down between the seal 
and the vessel wall. Each location where the probe passes freely 
(without forcing or binding against the seal) between the seal and the 
vessel wall constitutes a gap.
    (B) The length of each gap shall be determined by inserting the 
probe into the gap (vertically) and sliding theprobe along the vessel 
wall in each direction as far as it will travel freely without binding 
between the seal and the vessel wall. The circumferential length along 
which the probe can move freely is the gap length.
    (C) The maximum width of each gap shall be determined by inserting 
probes of various diameters between the seal and the vessel wall. The 
smallest probe diameter should be 0.32 centimeter, and larger probes 
should have diameters in increments of 0.32 centimeter. The diameter of 
the largest probe that can be inserted freely anywhere along the length 
of the gap is the maximum gap width.
    (D) The average width of each gap shall be determined by averaging 
the minimum gap width (0.32 centimeter) and the maximum gap width.
    (E) The area of a gap is the product of the gap length and average 
gap width.
    (F) The ratio of accumulated area of rim seal gaps to storage vessel 
diameter shall be determined by adding the area of each gap, and 
dividing the sum by the nominal diameter of the storage vessel. This 
ratio shall be determined separately for primary and secondary rim 
seals.
    (ii) The ratio of seal gap area to vessel diameter for the primary 
seal shall not exceed 212 square centimeters per meter of vessel 
diameter (10 square inches per foot of vessel diameter), and the maximum 
gap width shall not exceed 3.81 centimeters (1.5 inches).
    (iii) The ratio of seal gap area to vessel diameter for the 
secondary seal shall not exceed 21.2 square centimeters per meter (1 
square inch per foot), and the maximum gap width shall not exceed 1.27 
centimeters (0.5 inches), except when the secondary seal must be pulled 
back or removed to inspect the primary seal.
    (e) Repair requirements. Conditions causing inspection failures 
under paragraph (d) of this section shall be repaired as specified in 
paragraph (e)(1) or (e)(2) of this section.
    (1) If the inspection is performed while the storage vessel is not 
storing liquid, repairs shall be completed before the refilling of the 
storage vessel with liquid.

[[Page 634]]

    (2) If the inspection is performed while the storage vessel is 
storing liquid, repairs shall be completed or the vessel removed from 
service within 45 days. If a repair cannot be completed and the vessel 
cannot be emptied within 45 days, the owner or operator may use up to 2 
extensions of up to 30 additional days each. Documentation of a decision 
to use an extension shall include a description of the failure, shall 
document that alternate storage capacity is unavailable, and shall 
specify a schedule of actions that will ensure that the control 
equipment will be repaired or the vessel will be completely emptied as 
soon as practical.



Sec.  63.1064  Alternative means of emission limitation.

    (a) An alternate control device may be substituted for a control 
device specified in Sec.  63.1063 if the alternate device has an 
emission factor less than or equal to the emission factor for the device 
specified in Sec.  63.1063. Requests for the use of alternate devices 
shall be made as specified in Sec.  63.1066(b)(3). Emission factors for 
the devices specified in Sec.  63.1063 are published in EPA Report No. 
AP-42, Compilation of Air Pollutant Emission Factors.
    (b) Tests to determine emission factors for an alternate device 
shall accurately simulate conditions under which the device will 
operate, such as wind, temperature, and barometric pressure. Test 
methods that can be used to perform the testing required in this 
paragraph include, but are not limited to, the methods listed in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) American Petroleum Institute (API) Manual of Petroleum 
Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test 
Method for the Measurement of Deck-Fitting Loss Factors for External 
Floating-Roof Tanks.
    (2) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part B, Air Concentration Test Method for the Measurement of 
Rim Seal Loss Factors for Floating-Roof Tanks.
    (3) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-
Fitting Loss Factors for Internal Floating-Roof Tanks.
    (c) An alternate combination of control devices may be substituted 
for any combination of rim seal and deck fitting control devices 
specified in Sec.  63.1063 if the alternate combination emits no more 
than the combination specified in Sec.  63.1063. The emissions from an 
alternate combination of control devices shall be determined using AP-42 
or as specified in paragraph (b) of this section. The emissions from a 
combination of control devices specified in Sec.  63.1063 shall be 
determined using AP-42. Requests for the use of alternate devices shall 
be made as specified in Sec.  63.1066(b)(3).



Sec.  63.1065  Recordkeeping requirements.

    The owner or operator shall keep the records required in paragraph 
(a) of this section for as long as liquid is stored. Records required in 
paragraphs (b), (c) and (d) of this section shall be kept for at least 5 
years. Records shall be kept in such a manner that they can be readily 
accessed within 24 hours. Records may be kept in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.
    (a) Vessel dimensions and capacity. A record shall be kept of the 
dimensions of the storage vessel, an analysis of the capacity of the 
storage vessel, and an identification of the liquid stored.
    (b) Inspection results. Records of floating roof inspection results 
shall be kept as specified in paragraphs (b)(1) and (b)(2) of this 
section.
    (1) If the floating roof passes inspection, a record shall be kept 
that includes the information specified in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section. If the floating roof fails inspection, a 
record shall be kept that includes the information specified in 
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
    (i) Identification of the storage vessel that was inspected.
    (ii) The date of the inspection.
    (iii) A description of all inspection failures.
    (iv) A description of all repairs and the dates they were made.

[[Page 635]]

    (v) The date the storage vessel was removed from service, if 
applicable.
    (2) A record shall be kept of EFR seal gap measurements, including 
the raw data obtained and any calculations performed.
    (c) Floating roof landings. The owner or operator shall keep a 
record of the date when a floating roof is set on its legs or other 
support devices. The owner or operator shall also keep a record of the 
date when the roof was refloated, and the record shall indicate whether 
the process of refloating was continuous.
    (d) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) or Sec.  63.1063(c)(2)(iv)(B) shall 
keep the documentation required by those paragraphs.



Sec.  63.1066  Reporting requirements.

    (a) Notification of initial startup. If the referencing subpart 
requires that a notification of initial startup be filed, then the 
content of the notification of initial startup shall include (at a 
minimum) the information specified in the referencing subpart and the 
information specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) The identification of each storage vessel, its capacity and the 
liquid stored in the storage vessel.
    (2) A statement of whether the owner or operator of the source can 
achieve compliance by the compliance date specified in referencing 
subpart.
    (b) Periodic reports. Report the information specified in paragraphs 
(b)(1) through (b)(4) of this section, as applicable, in the periodic 
report specified in the referencing subpart.
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, the owner or operator shall 
notify the Administrator at least 30 days before an inspection required 
by Sec. Sec.  63.1063(d)(1) or (d)(3). If an inspection is unplanned and 
the owner or operator could not have known about the inspection 30 days 
in advance, then the owner or operator shall notify the Administrator at 
least 7 days before the inspection. Notification shall be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, the notification 
including the written documentation may be made in writing and sent so 
that it is received by the Administrator at least 7 days before the 
inspection. If a delegated State or local agency is notified, the owner 
or operator is not required to notify the Administrator. A delegated 
State or local agency may waive the requirement for notification of 
inspections.
    (2) Inspection results. The owner or operator shall submit a copy of 
the inspection record (required in Sec.  63.1065) when inspection 
failures occur.
    (3) Requests for alternate devices. The owner or operator requesting 
the use of an alternate control device shall submit a written 
application including emissions test results and an analysis 
demonstrating that the alternate device has an emission factor that is 
less than or equal to the device specified in Sec.  63.1063.
    (4) Requests for extensions. An owner or operator who elects to use 
an extension in accordance with Sec.  63.1063(e)(2) or Sec.  
63.1063(c)(2)(iv)(B) shall submit the documentation required by those 
paragraphs.



Sec.  63.1067  Implementation and enforcement.

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

[[Page 636]]

    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (4) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.

[67 FR 46279, July 12, 2002]



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

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

                              Introduction



Sec.  63.1080  What is the purpose of this subpart?

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



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

    You must comply with the requirements of this subpart according to 
the schedule specified in Sec.  63.1102(a). Each heat exchange system 
which is part of an ethylene production affected source also must comply 
with paragraph (a) of this section. Each waste stream which is part of 
an ethylene production affected source also must comply with paragraph 
(b) of this section.
    (a) Each heat exchange system that is part of an ethylene production 
affected source that commenced construction or reconstruction on or 
before October 9, 2019, must be in compliance with the heat exchange 
system requirements specified in Sec. Sec.  63.1084(f), 63.1085(e) and 
(f), 63.1086(e), 63.1087(c) and (d), 63.1088(d), and 63.1089(d) and (e) 
upon initial startup or July 6, 2023, whichever is later. Each heat 
exchange system that is part of an ethylene production affected source 
that commences construction or reconstruction after October 9, 2019, 
must be in compliance with the heat exchange system requirements 
specified in Sec. Sec.  63.1084(f), 63.1085(e) and (f), 63.1086(e), 
63.1087(c) and (d), 63.1088(d), and 63.1089(d) and (e) upon initial 
startup, or July 6, 2020, whichever is later.
    (b) Each waste stream that is part of an ethylene production 
affected source that commenced construction or reconstruction on or 
before October 9, 2019, must be in compliance with the flare 
requirements specified in Sec.  63.1095(a)(1)(vi) and (b)(3) upon 
initial startup or July 6, 2023, whichever is later. Each waste stream 
that is part of an ethylene production affected source that commences 
construction or reconstruction after October 9, 2019, must be in 
compliance with the flare requirements specified in Sec.  
63.1095(a)(1)(vi) and (b)(3) upon initial startup, or July 6, 2020, 
whichever is later.

[85 FR 40419, July 2, 2020]

                               Definitions



Sec.  63.1082  What definitions do I need to know?

    (a) Unless defined in paragraph (b) of this section, definitions for 
terms used in this subpart are provided in the Clean Air Act, Sec.  
63.1103(e), and 40 CFR 61.341.
    (b) The following definitions apply to terms used in this subpart:
    Continuous butadiene waste stream means the continuously flowing 
process wastewater from the following equipment: The aqueous drain from 
the debutanizer reflux drum, water separators on the C4 crude butadiene 
transfer piping, and the C4 butadiene storage equipment; and spent wash 
water from the C4 crude butadiene carbonyl wash system. The continuous 
butadiene waste stream does not include butadiene streams generated from 
sampling, maintenance activities, or shutdown purges. The continuous 
butadiene waste stream does not include butadiene streams from equipment 
that is currently an affected source subject to the control requirements 
of another NESHAP. The continuous butadiene waste stream contains less 
than 10 parts per million by weight (ppmw) of benzene.

[[Page 637]]

    Dilution steam blowdown waste stream means any continuously flowing 
process wastewater stream resulting from the quench and compression of 
cracked gas (the cracking furnace effluent) at an ethylene production 
unit and is discharged from the unit. This stream typically includes the 
aqueous or oily-water stream that results from condensation of dilution 
steam (in the cracking furnace quench system), blowdown from dilution 
steam generation systems, and aqueous streams separated from the process 
between the cracking furnace and the cracked gas dehydrators. The 
dilution steam blowdown waste stream does not include blowdown that has 
not contacted HAP-containing process materials. Before July 6, 2023, the 
dilution steam blowdown waste stream does not include dilution steam 
blowdown streams generated from sampling, maintenance activities, or 
shutdown purges. Beginning on July 6, 2023, the dilution steam blowdown 
streams generated from sampling, maintenance activities, or shutdown 
purges are included in the definition of dilution steam blowdown waste 
stream.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange system 
can include more than one heat exchanger and can include an entire 
recirculating or once-through cooling system.
    Process wastewater means water which comes in contact with benzene 
or butadiene during manufacturing or processing operations conducted 
within an ethylene production unit. Process wastewater is not organic 
wastes, process fluids, product tank drawdown, cooling water blowdown, 
steam trap condensate, or landfill leachate. Process wastewater includes 
direct-contact cooling water.
    Spent caustic waste stream means the continuously flowing process 
wastewater stream that results from the use of a caustic wash system in 
an ethylene production unit. A caustic wash system is commonly used at 
ethylene production units to remove acid gases and sulfur compounds from 
process streams, typically cracked gas. Before July 6, 2023, the spent 
caustic waste stream does not include spent caustic streams generated 
from sampling, maintenance activities, or shutdown purges. Beginning on 
July 6, 2023, the spent caustic streams generated from sampling, 
maintenance activities, or shutdown purges are included in the 
definition of spent caustic waste stream.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020]

                 Applicability for Heat Exchange Systems



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

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



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

    Except as specified in paragraph (f) of this section, your heat 
exchange system is exempt from the requirements in Sec. Sec.  63.1085 
and 63.1086 if it meets any one of the criteria in paragraphs (a) 
through (e) of this section.
    (a) Your heat exchange system operates with the minimum pressure on 
the cooling water side at least 35 kilopascals greater than the maximum 
pressure on the process side.
    (b) Your heat exchange system contains an intervening cooling fluid, 
containing less than 5 percent by weight of total HAP listed in Table 1 
to this subpart, between the process and the cooling water. This 
intervening fluid must serve to isolate the cooling water from the 
process fluid and must not be sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (c) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million by volume (ppmv) or less above 
influent concentration, or 10 percent or less

[[Page 638]]

above influent concentration, whichever is greater.
    (d) Your once-through heat exchange system is subject to a NPDES 
permit that meets all of the conditions in paragraphs (d)(1) through (4) 
of this section.
    (1) The permit requires monitoring of a parameter or condition to 
detect a leak of process fluids to cooling water.
    (2) The permit specifies the normal range of the parameter or 
condition.
    (3) The permit requires monthly or more frequent monitoring for the 
parameters selected as leak indicators.
    (4) The permit requires you to report and correct leaks to the 
cooling water when the parameter or condition exceeds the normal range.
    (e) Your recirculating or once-through heat exchange system cools 
process fluids that contain less than 5 percent by weight of total HAP 
listed in Table 1 to this subpart.
    (f) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), your heat exchange system is no longer exempt from the 
requirements in Sec. Sec.  63.1085 and 63.1086 if it meets the criteria 
in paragraph (c) or (d) of this section; instead, your heat exchange 
system is exempt from the requirements in Sec. Sec.  63.1085 and 63.1086 
if it meets any one of the criteria in paragraph (a), (b), or (e) of 
this section.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020]

                    Heat Exchange System Requirements



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

    Unless you meet one of the requirements for exemptions in Sec.  
63.1084, you must meet the requirements in paragraphs (a) through (f) of 
this section.
    (a) Except as specified in paragraph (e) of this section, you must 
monitor the cooling water for the presence of substances that indicate a 
leak according to Sec.  63.1086(a) through (d).
    (b) Except as specified in paragraph (f) of this section, if you 
detect a leak, then you must repair it according to Sec.  63.1087(a) and 
(b) unless repair is delayed according to Sec.  63.1088(a) through (c).
    (c) Keep the records specified in Sec.  63.1089.
    (d) Submit the reports specified in Sec.  63.1090.
    (e) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), the requirements specified in Sec.  63.1086(a) through (d) 
no longer apply; instead, you must monitor the cooling water for the 
presence of total strippable hydrocarbons that indicate a leak according 
to Sec.  63.1086(e). At any time before the compliance dates specified 
in Sec.  63.1081(a), you may choose to comply with the requirements in 
this paragraph in lieu of the requirements in paragraph (a) of this 
section.
    (f) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), the requirements specified in Sec. Sec.  63.1087(a) and (b) 
and 63.1088(a) through (c), no longer apply; instead, if you detect a 
leak, then you must repair it according to Sec.  63.1087(c) and (d), 
unless repair is delayed according to Sec.  63.1088(d). At any time 
before the compliance dates specified in Sec.  63.1081(a), you may 
choose to comply with the requirements in this paragraph in lieu of the 
requirements in paragraph (b) of this section.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020]

            Monitoring Requirements for Heat Exchange Systems



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

    Except as specified in Sec.  63.1085(e) and paragraph (e) of this 
section, you must monitor for leaks to cooling water by monitoring each 
heat exchange system according to the requirements of paragraph (a) of 
this section, monitoring each heat exchanger according to the 
requirements of paragraph (b) of this section, or monitoring a surrogate 
parameter according to the requirements of paragraph (c) of this 
section. Except as specified in Sec.  63.1085(e) and paragraph (e) of 
this section, if you elect to comply with the requirements of paragraph 
(a) or (b) of this section, you may use alternatives in paragraph (d)(1) 
or (2) of this section for determining the mean entrance concentration.
    (a) Heat exchange system. Monitor cooling water in each heat 
exchange system for the HAP listed in Table 1 to this subpart (either 
total or speciated)

[[Page 639]]

or other representative substances (e.g., total organic carbon or 
volatile organic compounds (VOC)) that indicate the presence of a leak 
according to the requirements in paragraphs (a)(1) through (5) of this 
section.
    (1) You define the equipment that comprises each heat exchange 
system. For the purposes of implementing paragraph (a) of this section, 
a heat exchange system may consist of an entire heat exchange system or 
any combinations of heat exchangers such that, based on the rate of 
cooling water at the entrance and exit to each heat exchange system and 
the sensitivity of the test method being used, a leak of 3.06 kg/hr or 
greater of the HAP in Table 1 to this subpart would be detected. For 
example, if the test you decide to use has a sensitivity of 1 ppmv for 
total HAP, you must define the heat exchange system so that the cooling 
water flow rate is 51,031 liters per minute or less so that a leak of 
3.06 kg/hr can be detected.
    (2) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (a)(2)(i) of this section. Monitor heat 
exchange systems at new sources according to the specifications in 
paragraph (a)(2)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in either 
paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (a)(2)(i) of this section.
    (ii) Monitor weekly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(a)(2)(ii)(A) or (B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring weekly for a 6-month 
period, monitor monthly thereafter until a leak is detected.
    (B) If a leak is detected, monitor weekly until the leak has been 
repaired. Upon completion of the repair, monitor according to the 
specifications in paragraph (a)(2)(ii) of this section.
    (3) Determine the concentration of the monitored substance in the 
heat exchange system cooling water using any method listed in 40 CFR 
part 136. Use the same method for both entrance and exit samples. You 
may validate 40 CFR part 136 methods for the HAP listed in Table 1 to 
this subpart according to the procedures in appendix D to this part. 
Alternative methods may be used upon approval by the Administrator.
    (4) Take a minimum of three sets of samples at each entrance and 
exit.
    (5) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level of 
significance, if the exit mean concentration is at least 10 percent 
greater than the entrance mean of the HAP (total or speciated) in Table 
1 to this subpart or other representative substance, and the leak is at 
least 3.06 kg/hr, you have detected a leak.
    (b) Individual heat exchangers. Monitor the cooling water at the 
entrance and exit of each heat exchanger for the HAP in Table 1 to this 
subpart (either total or speciated) or other representative substances 
(e.g., total organic carbon or VOC) that indicate the presence of a leak 
in a heat exchanger according to the requirements in paragraphs (b)(1) 
through (4) of this section.
    (1) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (b)(1)(i) of this section. Monitor each heat 
exchanger at new sources according to the specifications in paragraph 
(b)(1)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(b)(1)(i)(A) or (b)(1)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair,

[[Page 640]]

monitor according to the specifications in paragraph (b)(1)(i) of this 
section.
    (ii) Monitor weekly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(b)(1)(ii)(A) or (B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring weekly for a 6-month 
period, monitor monthly thereafter until a leak is detected.
    (B) If a leak is detected, monitor weekly until the leak has been 
repaired. Upon completion of the repair, monitor according to the 
specifications in paragraph (b)(1)(ii) of this section.
    (2) Determine the concentration of the monitored substance in the 
cooling water using any method listed in 40 CFR part 136, as long as the 
method is sensitive to concentrations as low as 10 ppmv. Use the same 
method for both entrance and exit samples. Validation of 40 CFR part 136 
methods for the HAP listed in Table 1 to this subpart may be determined 
according to the provisions of appendix D to this part. Alternative 
methods may be used upon approval by the Administrator.
    (3) Take a minimum of three sets of samples at each heat exchanger 
entrance and exit.
    (4) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level of 
significance, if the exit mean concentration is at least 1 ppmw or 10 
percent greater than the entrance mean, whichever is greater, you have 
detected a leak.
    (c) Surrogate parameters. You may elect to comply with the 
requirements of this section by monitoring using a surrogate indicator 
of leaks, provided that you comply with the requirements of paragraphs 
(c)(1) through (3) of this section. Surrogate indicators that could be 
used to develop an acceptable monitoring program are ion specific 
electrode monitoring, pH, conductivity, or other representative 
indicators.
    (1) You shall prepare and implement a monitoring plan that documents 
the procedures that will be used to detect leaks of process fluids into 
cooling waters. The plan shall require monitoring of one or more process 
parameters or other conditions that indicate a leak. Monitoring that is 
already being conducted for other purposes may be used to satisfy the 
requirements of this section. The plan shall include the information 
specified in paragraphs (c)(1)(i) through (iv) of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or condition(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, you have 
detected a leak.
    (iii) Monitoring periods. For existing sources, monitor cooling 
water as specified in paragraph (c)(1)(iii)(A) of this section. Monitor 
heat exchange systems at new sources according to the specifications in 
paragraph (c)(1)(iii)(B) of this section.
    (A) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(c)(1)(iii)(A)(1) or (c)(1)(iii)(A)(2) of this section, as appropriate.
    (1) If no leaks are detected, monitor quarterly thereafter until a 
leak is detected.
    (2) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (c)(1)(iii)(A) of this section.
    (B) Monitor the cooling water weekly for heat exchange systems at 
new sources.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.
    (2) If a leak is identified by audio, visual, or olfactory 
inspection, a method listed in 40 CFR part 136, or any other means other 
than those described

[[Page 641]]

in the monitoring plan, and the method(s) specified in the plan could 
not detect the leak, you shall revise the plan and document the basis 
for the changes. You shall complete the revisions to the plan no later 
than 180 days after discovery of the leak.
    (3) You shall maintain, at all times, the monitoring plan that is 
currently in use. The current plan shall be maintained on-site, or shall 
be accessible from a central location by computer or other means that 
provide access within 2 hours after a request. If the monitoring plan is 
changed, you must retain the most recent superseded plan for at least 5 
years from the date of its creation. The superseded plan shall be 
retained on-site or accessible from a central location by computer or 
other means that provide access within 2 hours after a request.
    (d) Simplifying assumptions for entrance mean concentration. If you 
are complying with paragraph (a) or (b) of this section, you may elect 
to determine the entrance mean concentration as specified in paragraph 
(d)(1) or (2) of this section.
    (1) Assume that the entrance mean concentration of the monitored 
substance is zero; or,
    (2) Determine the entrance mean concentration of a monitored 
substance at a sampling location anywhere upstream of the heat exchanger 
or heat exchange system, provided that there is not a reasonable 
opportunity for the concentration to change at the entrance to each heat 
exchanger or heat exchange system.
    (e) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), you must perform monitoring to identify leaks of total 
strippable hydrocarbons from each heat exchange system subject to the 
requirements of this subpart according to the procedures in paragraphs 
(e)(1) through (5) of this section.
    (1) Monitoring locations for closed-loop recirculation heat exchange 
systems. For each closed loop recirculating heat exchange system, you 
must collect and analyze a sample from the location(s) described in 
either paragraph (e)(1)(i) or (ii) of this section.
    (i) Each cooling tower return line or any representative riser 
within the cooling tower prior to exposure to air for each heat exchange 
system.
    (ii) Selected heat exchanger exit line(s), so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s).
    (2) Monitoring locations for once-through heat exchange systems. For 
each once-through heat exchange system, you must collect and analyze a 
sample from the location(s) described in paragraph (e)(2)(i) of this 
section. You may also elect to collect and analyze an additional sample 
from the location(s) described in paragraph (e)(2)(ii) of this section.
    (i) Selected heat exchanger exit line(s), so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s). The selected monitoring 
location may be at a point where discharges from multiple heat exchange 
systems are combined provided that the combined cooling water flow rate 
at the monitoring location does not exceed 165,000 gallons per minute.
    (ii) The inlet water feed line for a once-through heat exchange 
system prior to any heat exchanger. If multiple heat exchange systems 
use the same water feed (i.e., inlet water from the same primary water 
source), you may monitor at one representative location and use the 
monitoring results for that sampling location for all heat exchange 
systems that use that same water feed.
    (3) Monitoring method. If you comply with the total strippable 
hydrocarbon concentration leak action level as specified in paragraph 
(e)(4) of this section, you must comply with the requirements in 
paragraph (e)(3)(i) of this section. If you comply with the total 
hydrocarbon mass emissions rate leak action level as specified in 
paragraph (e)(4) of this section, you must comply with the requirements 
in paragraphs (e)(3)(i) and (ii) of this section.
    (i) You must determine the total strippable hydrocarbon 
concentration (in parts per million by volume (ppmv) as methane) at each 
monitoring location using the ``Air Stripping Method

[[Page 642]]

(Modified El Paso Method) for Determination of Volatile Organic Compound 
Emissions from Water Sources'' (incorporated by reference, see Sec.  
63.14) using a flame ionization detector analyzer for on-site 
determination as described in Section 6.1 of the Modified El Paso 
Method.
    (ii) You must convert the total strippable hydrocarbon concentration 
(in ppmv as methane) to a total hydrocarbon mass emissions rate (as 
methane) using the calculations in Section 7.0 of ``Air Stripping Method 
(Modified El Paso Method) for Determination of Volatile Organic Compound 
Emissions from Water Sources'' (incorporated by reference--see Sec.  
63.14).
    (4) Monitoring frequency and leak action level. For each heat 
exchange system, you must comply with the applicable monitoring 
frequency and leak action level, as defined in paragraphs (e)(4)(i) 
through (iii) of this section. The monitoring frequencies specified in 
paragraphs (e)(4)(i) through (iii) of this section also apply to the 
inlet water feed line for a once-through heat exchange system, if you 
elect to monitor the inlet water feed as provided in paragraph 
(e)(2)(ii) of this section.
    (i) For each heat exchange system that is part of an ethylene 
production affected source that commenced construction or reconstruction 
on or before December 6, 2000, you must monitor quarterly using a leak 
action level defined as a total strippable hydrocarbon concentration (as 
methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems 
with a recirculation rate of 10,000 gallons per minute or less, you may 
monitor quarterly using a leak action level defined as a total 
hydrocarbon mass emissions rate from the heat exchange system (as 
methane) of 0.18 kg/hr. If a leak is detected as specified in paragraph 
(e)(5) of this section, then you must monitor monthly until the leak has 
been repaired according to the requirements in Sec.  63.1087(c) or (d). 
Once the leak has been repaired according to the requirements in Sec.  
63.1087(c) or (d), quarterly monitoring for the heat exchange system may 
resume.
    (ii) For each heat exchange system that is part of an ethylene 
production affected source that commences construction or reconstruction 
after December 6, 2000 and on or before October 9, 2019, you must 
monitor at the applicable frequency specified in paragraph (e)(4)(ii)(A) 
or (B) of this section using a leak action level defined as a total 
strippable hydrocarbon concentration (as methane) in the stripping gas 
of 6.2 ppmv or, for heat exchange systems with a recirculation rate of 
10,000 gallons per minute or less, you may monitor at the applicable 
frequency specified in paragraph (e)(4)(ii)(A) or (B) of this section 
using a leak action level defined as a total hydrocarbon mass emissions 
rate from the heat exchange system (as methane) of 0.18 kg/hr.
    (A) If you have completed the initial weekly monitoring for 6-months 
of the heat exchange system as specified in Sec.  63.1086(a)(2)(ii) or 
(b)(1)(ii) then you must monitor monthly. If a leak is detected as 
specified in paragraph (e)(5) of this section, then you must monitor 
weekly until the leak has been repaired according to the requirements in 
Sec.  63.1087(c) or (d). Once the leak has been repaired according to 
the requirements in Sec.  63.1087(c) or (d), monthly monitoring for the 
heat exchange system may resume.
    (B) If you have not completed the initial weekly monitoring for 6-
months of the heat exchange system as specified in Sec.  
63.1086(a)(2)(ii) or (b)(1)(ii), or if you elect to comply with 
paragraph (e) of this section rather than paragraphs (a) through (d) of 
this section upon startup, then you must initially monitor weekly for 6-
months beginning upon startup and monitor monthly thereafter. If a leak 
is detected as specified in paragraph (e)(5) of this section, then you 
must monitor weekly until the leak has been repaired according to the 
requirements in Sec.  63.1087(c) or (d). Once the leak has been repaired 
according to the requirements in Sec.  63.1087(c) or (d), monthly 
monitoring for the heat exchange system may resume.
    (iii) For each heat exchange system that is part of an ethylene 
production affected source that commences construction or reconstruction 
after October 9, 2019, you must initially monitor weekly for 6-months 
beginning upon startup and monitor monthly thereafter using a leak 
action level defined

[[Page 643]]

as a total strippable hydrocarbon concentration (as methane) in the 
stripping gas of 6.2 ppmv or, for heat exchange systems with a 
recirculation rate of 10,000 gallons per minute or less, you may use a 
leak action level defined as a total hydrocarbon mass emissions rate 
from the heat exchange system (as methane) of 0.18 kg/hr if the heat 
exchange system has a recirculation rate of 10,000 gallons per minute or 
less. If a leak is detected as specified in paragraph (e)(5) of this 
section, then you must monitor weekly until the leak has been repaired 
according to the requirements in Sec.  63.1087(c) or (d). Once the leak 
has been repaired according to the requirements in Sec.  63.1087(c) or 
(d), monthly monitoring for the heat exchange system may resume.
    (5) Leak definition. A leak is defined as described in paragraph 
(e)(5)(i) or (ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in paragraph (e)(2)(ii) of this section, 
a leak is detected if the difference in the measurement value of the 
sample taken from a location specified in paragraph (e)(2)(i) of this 
section and the measurement value of the corresponding sample taken from 
the location specified in paragraph (e)(2)(ii) of this section equals or 
exceeds the leak action level.
    (ii) For all other heat exchange systems, a leak is detected if a 
measurement value of the sample taken from a location specified in 
paragraph (e)(1)(i), (ii), or (e)(2)(i) of this section equals or 
exceeds the leak action level.

[67 FR 46271, July 12, 2002, as amended at 70 FR 19271, Apr. 13, 2005; 
85 FR 40420, July 6, 2020]

              Repair Requirements for Heat Exchange Systems



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

    Except as specified in Sec.  63.1085(f) and paragraphs (c) and (d) 
of this section, if a leak is detected, you must comply with the 
requirements in paragraphs (a) and (b) of this section unless repair is 
delayed according to Sec.  63.1088.
    (a) Repair the leak as soon as practical but not later than 45 
calendar days after you received the results of monitoring tests that 
indicated a leak. You must repair the leak unless you demonstrate that 
the results are due to a condition other than a leak.
    (b) Once the leak has been repaired, use the monitoring requirements 
in Sec.  63.1086 within 7 calendar days of the repair or startup, 
whichever is later, to confirm that the heat exchange system has been 
repaired.
    (c) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), if a leak is detected using the methods described in Sec.  
63.1086(e), you must repair the leak to reduce the concentration or mass 
emissions rate to below the applicable leak action level as soon as 
practicable, but no later than 45 days after identifying the leak, 
except as specified in Sec.  63.1088(d). Repair must include re-
monitoring at the monitoring location where the leak was identified 
according to the method specified in Sec.  63.1086(e)(3) to verify that 
the total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate is below the applicable leak action level. Repair may 
also include performing the additional monitoring in paragraph (d) of 
this section to verify that the total strippable hydrocarbon 
concentration is below the applicable leak action level. Actions that 
can be taken to achieve repair include but are not limited to:
    (1) Physical modifications to the leaking heat exchanger, such as 
welding the leak or replacing a tube;
    (2) Blocking the leaking tube within the heat exchanger;
    (3) Changing the pressure so that water flows into the process 
fluid;
    (4) Replacing the heat exchanger or heat exchanger bundle; or
    (5) Isolating, bypassing, or otherwise removing the leaking heat 
exchanger from service until it is otherwise repaired.
    (d) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), if you detect a leak when monitoring a cooling tower return 
line according to Sec.  63.1086(e)(1)(i), you may conduct additional 
monitoring of each heat exchanger or group of heat exchangers associated 
with the heat exchange system for which the leak was detected, as 
provided in Sec.  63.1086(e)(1)(ii). If no leaks

[[Page 644]]

are detected when monitoring according to the requirements of Sec.  
63.1086(e)(1)(ii), the heat exchange system is considered to have met 
the repair requirements through re-monitoring of the heat exchange 
system, as provided in paragraph (c) of this section.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40421, July 6, 2020]



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

    You may delay the repair of heat exchange systems if the leaking 
equipment is isolated from the process. At any time before the 
compliance dates specified in Sec.  63.1081(a), you may also delay 
repair if repair is technically infeasible without a shutdown, and you 
meet one of the conditions in paragraphs (a) through (c) of this 
section. Beginning no later than the compliance dates specified in Sec.  
63.1081(a), paragraphs (a) through (c) of this section no longer apply; 
instead, you may delay repair if the conditions in paragraph (d) of this 
section are met.
    (a) If a shutdown is expected within the next 2 months of 
determining delay of repair is necessary, you are not required to have a 
special shutdown before that planned shutdown.
    (b) If a shutdown is not expected within the next 2 months of 
determining delay of repair is necessary, you may delay repair if a 
shutdown for repair would cause greater emissions than the potential 
emissions from delaying repair until the next shutdown of the process 
equipment associated with the leaking heat exchanger. You must document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delay of 
repair. The documentation process must include the activities in 
paragraphs (b)(1) through (4) of this section.
    (1) State the reason(s) for delaying repair.
    (2) Specify a schedule for completing the repair as soon as 
practical.
    (3) Calculate the potential emissions from the leaking heat 
exchanger by multiplying the concentration of HAP listed in Table 1 to 
this subpart (or other monitored substances) in the cooling water from 
the leaking heat exchanger by the flow rate of the cooling water from 
the leaking heat exchanger and by the expected duration of the delay.
    (4) Determine emissions of HAP listed in Table 1 to this subpart (or 
other monitored substances) from purging and depressurizing the 
equipment that will result from the unscheduled shutdown for the repair.
    (c) If repair is delayed because the necessary equipment, parts or 
personnel are not available, you may delay repair a maximum of 120 
calendar days. You must demonstrate that the necessary equipment, parts 
or personnel were not available.
    (d) Beginning no later than the compliance dates specified in Sec.  
63.1081(a), you may delay repair when one of the conditions in paragraph 
(d)(1) or (2) of this section is met and the leak is less than the delay 
of repair action level specified in paragraph (d)(3) of this section. 
You must determine if a delay of repair is necessary as soon as 
practicable, but no later than 45 days after first identifying the leak.
    (1) If the repair is technically infeasible without a shutdown and 
the total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate is initially and remains less than the delay of repair 
action level for all monitoring periods during the delay of repair, then 
you may delay repair until the next scheduled shutdown of the heat 
exchange system. If, during subsequent monitoring, the delay of repair 
action level is exceeded, then you must repair the leak within 30 days 
of the monitoring event in which the leak was equal to or exceeded the 
delay of repair action level.
    (2) If the necessary equipment, parts, or personnel are not 
available and the total strippable hydrocarbon concentration or total 
hydrocarbon mass emissions rate is initially and remains less than the 
delay of repair action level for all monitoring periods during the delay 
of repair, then you may delay the repair for a maximum of 120 calendar 
days. You must demonstrate that the necessary equipment, parts, or 
personnel were not available. If, during subsequent monitoring, the 
delay of repair action level is exceeded, then you

[[Page 645]]

must repair the leak within 30 days of the monitoring event in which the 
leak was equal to or exceeded the delay of repair action level.
    (3) The delay of repair action level is a total strippable 
hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv 
or, for heat exchange systems with a recirculation rate of 10,000 
gallons per minute or less, the delay of repair action level is a total 
hydrocarbon mass emissions rate (as methane) or 1.8 kg/hr. The delay of 
repair action level is assessed as described in paragraph (d)(3)(i) or 
(ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in Sec.  63.1086(e)(2)(ii), the delay of 
repair action level is exceeded if the difference in the measurement 
value of the sample taken from a location specified in Sec.  
63.1086(e)(2)(i) and the measurement value of the corresponding sample 
taken from the location specified in Sec.  63.1086(e)(2)(ii) equals or 
exceeds the delay of repair action level.
    (ii) For all other heat exchange systems, the delay of repair action 
level is exceeded if a measurement value of the sample taken from a 
location specified in Sec.  63.1086(e)(1)(i) and (ii) or Sec.  
63.1086(e)(2)(i) equals or exceeds the delay of repair action level.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40421, July 6, 2020]

   Recordkeeping and Reporting Requirements for Heat Exchange Systems



Sec.  63.1089  What records must I keep?

    You must keep the records in paragraphs (a) through (e) of this 
section, according to the requirements of Sec.  63.1109(c).
    (a) Monitoring data required by Sec.  63.1086 that indicate a leak, 
the date the leak was detected, or, if applicable, the basis for 
determining there is no leak.
    (b) The dates of efforts to repair leaks.
    (c) The method or procedures used to confirm repair of a leak and 
the date the repair was confirmed.
    (d) At any time before the compliance dates specified in Sec.  
63.1081(a), you must keep documentation of delay of repair as specified 
in Sec.  63.1088(a) through (c). Beginning no later than the compliance 
dates specified in Sec.  63.1081(a), the requirement to keep 
documentation of delay of repair as specified in Sec.  63.1088(a) 
through (c) no longer applies; instead, you must keep documentation of 
delay of repair as specified in paragraphs (d)(1) through (4) of this 
section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration or mass emissions rate of the leak as 
first identified and the results of all subsequent monitoring events 
during the delay of repair.
    (4) An estimate of the potential total hydrocarbon emissions from 
the leaking heat exchange system or heat exchanger for each required 
delay of repair monitoring interval following the applicable procedures 
in paragraphs (d)(4)(i) through (iii) of this section.
    (i) If you comply with the total strippable hydrocarbon 
concentration leak action level, as specified in Sec.  63.1086(e)(4), 
you must calculate the mass emissions rate by complying with the 
requirements of Sec.  63.1086(e)(3)(ii) or by determining the mass flow 
rate of the cooling water at the monitoring location where the leak was 
detected. If the monitoring location is an individual cooling tower 
riser, determine the total cooling water mass flow rate to the cooling 
tower. Cooling water mass flow rates may be determined using direct 
measurement, pump curves, heat balance calculations, or other 
engineering methods. If you determine the mass flow rate of the cooling 
water, calculate the mass emissions rate by converting the stripping gas 
leak concentration (in ppmv as methane) to an equivalent liquid 
concentration, in parts per million by weight (ppmw), using equation 7-1 
from ``Air Stripping Method (Modified El Paso Method) for Determination 
of Volatile Organic Compound Emissions from Water Sources'' 
(incorporated by reference--see Sec.  63.14) and multiply the equivalent 
liquid concentration by the mass flow rate of the cooling water.

[[Page 646]]

    (ii) For delay of repair monitoring intervals prior to repair of the 
leak, calculate the potential total hydrocarbon emissions for the 
leaking heat exchange system or heat exchanger for the monitoring 
interval by multiplying the mass emissions rate, determined in Sec.  
63.1086(e)(3)(ii) or paragraph (d)(4)(i) of this section, by the 
duration of the delay of repair monitoring interval. The duration of the 
delay of repair monitoring interval is the time period starting at 
midnight on the day of the previous monitoring event or at midnight on 
the day the repair would have been completed if the repair had not been 
delayed, whichever is later, and ending at midnight of the day the of 
the current monitoring event.
    (iii) For delay of repair monitoring intervals ending with a 
repaired leak, calculate the potential total hydrocarbon emissions for 
the leaking heat exchange system or heat exchanger for the final delay 
of repair monitoring interval by multiplying the duration of the final 
delay of repair monitoring interval by the mass emissions rate 
determined for the last monitoring event prior to the re-monitoring 
event used to verify the leak was repaired. The duration of the final 
delay of repair monitoring interval is the time period starting at 
midnight of the day of the last monitoring event prior to re-monitoring 
to verify the leak was repaired and ending at the time of the re-
monitoring event that verified that the leak was repaired.
    (e) At any time before the compliance dates specified in Sec.  
63.1081(a), if you validate a 40 CFR part 136 method for the HAP listed 
in Table 1 to this subpart according to the procedures in appendix D to 
this part, then you must keep a record of the test data and calculations 
used in the validation. On the compliance dates specified in Sec.  
63.1081(a), this requirement no longer applies.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40422, July 6, 2020]



Sec.  63.1090  What reports must I submit?

    If you delay repair for your heat exchange system, you must report 
the delay of repair in the semiannual report required by Sec.  
63.1110(e). If the leak remains unrepaired, you must continue to report 
the delay of repair in semiannual reports until you repair the leak. 
Except as provided in paragraph (f) of this section, you must include 
the information in paragraphs (a) through (e) of this section in the 
semiannual report.
    (a) The fact that a leak was detected, and the date that the leak 
was detected.
    (b) Whether or not the leak has been repaired.
    (c) The reasons for delay of repair. If you delayed the repair as 
provided in Sec.  63.1088(b), documentation of emissions estimates.
    (d) If a leak remains unrepaired, the expected date of repair.
    (e) If a leak is repaired, the date the leak was successfully 
repaired.
    (f) For heat exchange systems subject to Sec.  63.1085(e) and (f), 
Periodic Reports must include the information specified in paragraphs 
(f)(1) through (5) of this section, in lieu of the information specified 
in paragraphs (a) through (e) of this section.
    (1) The number of heat exchange systems at the plant site subject to 
the monitoring requirements in Sec.  63.1085(e) and (f) during the 
reporting period.
    (2) The number of heat exchange systems subject to the monitoring 
requirements in Sec.  63.1085(e) and (f) at the plant site found to be 
leaking during the reporting period.
    (3) For each monitoring location where the total strippable 
hydrocarbon concentration or total hydrocarbon mass emissions rate was 
determined to be equal to or greater than the applicable leak 
definitions specified in Sec.  63.1086(e)(5) during the reporting 
period, identification of the monitoring location (e.g., unique 
monitoring location or heat exchange system ID number), the measured 
total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate, the date the leak was first identified, and, if 
applicable, the date the source of the leak was identified;
    (4) For leaks that were repaired during the reporting period 
(including delayed repairs), identification of the monitoring location 
associated with the repaired leak, the total strippable

[[Page 647]]

hydrocarbon concentration or total hydrocarbon mass emissions rate 
measured during re-monitoring to verify repair, and the re-monitoring 
date (i.e., the effective date of repair); and
    (5) For each delayed repair, identification of the monitoring 
location associated with the leak for which repair is delayed, the date 
when the delay of repair began, the date the repair is expected to be 
completed (if the leak is not repaired during the reporting period), the 
total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate and date of each monitoring event conducted on the 
delayed repair during the reporting period, and an estimate of the 
potential total hydrocarbon emissions over the reporting period 
associated with the delayed repair.

[67 FR 46271, July 12, 2002, as amended at 85 FR 40422, July 6, 2020]

                    Background for Waste Requirements



Sec.  63.1091  What do the waste requirements do?

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



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

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

                  Applicability for Waste Requirements



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

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



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

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

                           Waste Requirements



Sec.  63.1095  What specific requirements must I comply with?

    For waste that is not transferred off-site, you must comply with the 
requirements in paragraph (a) of this section for continuous butadiene 
waste streams and paragraph (b) of this section for benzene waste 
streams. If you transfer waste off-site, you must comply with the 
requirements of Sec.  63.1096.
    (a) Continuous butadiene waste streams. Manage and treat continuous 
butadiene waste streams that contain greater than or equal to 10 ppmw 
1,3-butadiene and have a flow rate greater than or equal to 0.02 liters 
per minute, according to either paragraph (a)(1) or (2) of this section. 
If the total annual

[[Page 648]]

benzene quantity from waste at your facility is less than 10 Mg/yr, as 
determined according to 40 CFR 61.342(a), the requirements of paragraph 
(a)(3) of this section apply also.
    (1) Route the continuous butadiene stream to a treatment process or 
wastewater treatment system used to treat benzene waste streams that 
complies with the standards specified in 40 CFR 61.348. Comply with the 
requirements of 40 CFR part 61, subpart FF; with the changes in Table 2 
to this subpart, and as specified in paragraphs (a)(1)(i) through (vi) 
of this section.
    (i) Determine the butadiene concentration of the waste stream 
according to 40 CFR 61.355(c)(1) through (3), except substitute ``1,3-
butadiene'' for each occurrence of ``benzene.'' You may validate 40 CFR 
part 136 methods for 1,3-butadiene according to the procedures in 
appendix D to this part. You do not need to determine the butadiene 
concentration of a waste stream if you designate that the stream must be 
controlled.
    (ii) Comply with 40 CFR 61.342(c)(1)(ii) and (iii) for each waste 
management unit that receives or manages the waste stream prior to and 
during treatment or recycling of the waste stream.
    (iii) Comply with the recordkeeping requirements in 40 CFR 
61.356(b), (b)(1) and (b)(2), except substitute ``1,3-butadiene'' for 
each occurrence of ``benzene'' and ``continuous butadiene waste stream'' 
for each occurrence of ``waste stream.''
    (iv) Comply with the reporting requirements in 40 CFR 61.357(a), 
(a)(2), (a)(3), (a)(3)(iii) through (v), and (d)(1) and (2), except 
substitute ``1,3-butadiene'' for each occurrence of ``benzene'' and 
``continuous butadiene waste stream'' for each occurrence of ``waste 
stream.''
    (v) Include only the information in 40 CFR 61.357(a)(2) and 
(a)(3)(iii) through (v) in the report required in 40 CFR 61.357(a) and 
(d)(2).
    (vi) Beginning no later than the compliance dates specified in Sec.  
63.1081(b), if you use a steam-assisted, air-assisted, non-assisted, or 
pressure-assisted multi-point flare to comply with 40 CFR part 61, 
subpart FF, then you must comply with the requirements Sec.  
63.1103(e)(4) in lieu of 40 CFR 61.349(a)(2)(iii) and (d), 40 CFR 
61.354(c)(3), 40 CFR 61.356(f)(2)(i)(D) and (j)(7), and 40 CFR 
61.357(d)(7)(iv)(F).
    (2) Comply with the process wastewater requirements of subpart G of 
this part. Submit the information required in Sec.  63.146(b) in the 
Notification of Compliance Status required by Sec.  63.1110(d). Submit 
the information required in Sec.  63.146(c) through (e) in either the 
Periodic Reports required in Sec.  63.152 or the Periodic Reports 
required in Sec.  63.1110(e).
    (3) Before July 6, 2023, if the total annual benzene quantity from 
waste at your facility is less than 10 Mg/yr, as determined according to 
40 CFR 61.342(a), comply with the requirements of this section at all 
times except during periods of startup, shutdown, and malfunction, if 
the startup, shutdown, or malfunction precludes the ability of the 
affected source to comply with the requirements of this section and the 
owner or operator follows the provisions for periods of startup, 
shutdown, and malfunction, as specified in Sec.  63.1111. Beginning on 
July 6, 2023, if the total annual benzene quantity from waste at your 
facility is less than 10 Mg/yr, as determined according to 40 CFR 
61.342(a), you must comply with the requirements of this section at all 
times.
    (b) Waste streams that contain benzene. For waste streams that 
contain benzene, you must comply with the requirements of 40 CFR part 
61, subpart FF, except as specified in Table 2 to this subpart and 
paragraph (b)(3) of this section. You must manage and treat waste 
streams that contain benzene as specified in either paragraph (b)(1) or 
(2) of this section.
    (1) If the total annual benzene quantity from waste at your facility 
is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), 
manage and treat spent caustic waste streams and dilution steam blowdown 
waste streams according to 40 CFR 61.342(c)(1) through (c)(3)(i). Before 
July 6, 2023, the requirements of this paragraph (b)(1) shall apply at 
all times except during periods of startup, shutdown, and malfunction, 
if the startup, shutdown, or malfunction precludes the ability of the 
affected source to comply with the requirements of this section and the

[[Page 649]]

owner or operator follows the provisions for periods of startup, 
shutdown, and malfunction, as specified in Sec.  63.1111. Beginning on 
July 6, 2023, the requirements of this paragraph (b)(1) shall apply at 
all times.
    (2) If the total annual benzene quantity from waste at your facility 
is greater than or equal to 10 Mg/yr, as determined according to 40 CFR 
61.342(a), you must manage and treat waste streams according to any of 
the options in 40 CFR 61.342(c)(1) through (e) or transfer waste off-
site. If you elect to transfer waste off-site, then you must comply with 
the requirements of Sec.  63.1096.
    (3) Beginning no later than the compliance dates specified in Sec.  
63.1081(b), if you use a steam-assisted, air-assisted, non-assisted, or 
pressure-assisted multi-point flare to comply with 40 CFR part 61, 
subpart FF, then you must comply with the requirements of Sec.  
63.1103(e)(4) in lieu of 40 CFR 61.349(a)(2)(iii) and (d), 40 CFR 
61.354(c)(3), 40 CFR 61.356(f)(2)(i)(D) and (j)(7), and 40 CFR 
61.357(d)(7)(iv)(F).

[67 FR 46271, July 12, 2002, as amended at 70 FR 19272, Apr. 13, 2005; 
85 FR 40423, July 6, 2020]



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

    If you elect to transfer waste off-site, you must comply with the 
requirements in paragraphs (a) through (d) of this section.
    (a) Include a notice with the shipment or transport of each waste 
stream. The notice shall state that the waste stream contains organic 
HAP that are to be treated in accordance with the provisions of this 
subpart. When the transport is continuous or ongoing (for example, 
discharge to a publicly-owned treatment works), the notice shall be 
submitted to the treatment operator initially and whenever there is a 
change in the required treatment.
    (b) You may not transfer the waste stream unless the transferee has 
submitted to the Administrator a written certification that the 
transferee will manage and treat any waste stream received from a source 
subject to the requirements of this subpart in accordance with the 
requirements of this subpart.
    (c) By providing this written certification to the Administrator, 
the certifying entity accepts responsibility for compliance with the 
regulatory provisions in this subpart with respect to any shipment of 
waste covered by the written certification. Failure to abide by any of 
those provisions with respect to such shipments may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of those 
provisions by owners or operators of sources.
    (d) The certifying entity may revoke the written certification by 
sending a written statement to the Administrator and you. The notice of 
revocation must provide at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions of this subpart. Upon expiration of the notice 
period, you may not transfer the waste stream to that off-site treatment 
operation. Written certifications and revocation statements to the 
Administrator from the transferees of waste shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in 40 CFR 63.13. Such written 
certifications are not transferable by the treater to other off-site 
waste treatment operators.

                     Implementation and Enforcement



Sec.  63.1097  Who implements and enforces this subpart?

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

[[Page 650]]

under 40 CFR part 63, subpart E, the authorities contained in paragraphs 
(b)(1) through (5) of this section are retained by the EPA Administrator 
and are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec.  63.1085, 63.1086 and 63.1095, under Sec.  63.6(g). Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (4) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.



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

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



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

------------------------------------------------------------------------
 If the total annual benzene
quantity for waste from your   Do not comply with:     Instead, comply
      facility is * * *                                     with:
------------------------------------------------------------------------
1. Less than 10 Mg/yr.......  40 CFR 61.340.......  Sec.   63.1093.
                             -------------------------------------------
                              40 CFR                There is no
                               61.342(c)(3)(ii),     equivalent
                               (d), and (e).         requirement.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.   63.1096.
                             -------------------------------------------
                              40 CFR 61.355(j) and  There is no
                               (k).                  equivalent
                                                     requirement.
                             -------------------------------------------
                              40 CFR                There is no
                               61.356(b)(2)(ii),     equivalent
                               (b)(3) through        requirement.
                               (b)(5).
                             -------------------------------------------
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) for
                               and (d)(2) if the     spent caustic,
                               TAB quantity from     dilution steam
                               your facility is      blowdown, and
                               equal to or greater   continuous
                               than 10 Mg/yr.        butadiene waste
                                                     streams.
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d)(1)   submit the
                               to submit the         information
                               information           required in 40 CFR
                               required in 40 CFR    61.357(d)(1) as
                               63.357(d)(1) to the   part of the
                               Administrator         Notification of
                               within 90 days        Compliance Status
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(d).
                             -------------------------------------------
                              40 CFR 61.357(d)(3)   There is no
                               through (d)(5).       equivalent
                                                     requirement.
------------------------------------------------------------------------
2. Greater than or equal to   40 CFR 61.340.......  Sec.   63.1093.
 10 Mg/yr.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.   63.1096.
                             -------------------------------------------

[[Page 651]]

 
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) as part
                               and (d)(2) if the     of the Notification
                               TAB quantity from     of Compliance
                               your facility is      Status required in
                               equal to or greater   40 CFR 63.1110(d).
                               than 10 Mg/yr.
------------------------------------------------------------------------


[67 FR 46271, July 12, 2002, as amended at 85 FR 40423, July 6, 2020]



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

    Source: 64 FR 34921, June 29, 1999, unless otherwise noted.



Sec.  63.1100  Applicability.

    (a) General. This subpart applies to source categories and affected 
sources specified in Sec.  63.1103(a) through (h). The affected emission 
points, by source category, are summarized in table 1 of this section. 
This table also delineates the section and paragraph of the rule that 
directs an owner or operator of an affected source to source category-
specific control, monitoring, recordkeeping, and reporting requirements.

                                           Table 1 to Sec.   63.1100(a)--Source Category MACT a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Source
       Source category          Storage vessels    Process vents    Transfer racks    Equipment leaks     Wastewater           Other       category MACT
                                                                                                            streams                         requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetal Resins Production.....  Yes.............  Yes.............  No..............  Yes.............  Yes.............  No..............  Sec.
                                                                                                                                            63.1103(a)
Acrylic and Modacrylic Fibers  Yes.............  Yes.............  No..............  Yes.............  Yes.............  Yes \b\.........  Sec.
 Production.                                                                                                                                63.1103(b)
Carbon Black Production......  No..............  Yes.............  No..............  No..............  No..............  No..............  Sec.
                                                                                                                                            63.1103(f).
Cyanide Chemicals              Yes.............  Yes.............  Yes.............  Yes.............  Yes.............  No..............  Sec.
 Manufacturing.                                                                                                                             63.1103(g).
Ethylene Production..........  Yes.............  Yes.............  Yes.............  Yes.............  Yes.............  Yes \c\.........  Sec.
                                                                                                                                            63.1103(e).
Hydrogen Fluoride Production.  Yes.............  Yes.............  Yes.............  Yes.............  No..............  No..............  Sec.
                                                                                                                                            63.1103(c)
Polycarbonate Production.....  Yes.............  Yes.............  No..............  Yes.............  Yes.............  No..............  Sec.
                                                                                                                                            63.1103(d)
Spandex Production...........  Yes.............  Yes.............  No..............  No..............  No..............  Yes \d\.........  Sec.
                                                                                                                                            63.1103(h).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Maximum achievable control technology.
\b\ Fiber spinning lines using spinning solution or suspension containing acrylonitrile.
\c\ Heat exchange systems as defined in Sec.   63.1082(b).
\d\ Fiber spinning lines.

    (b) Subpart A requirements. The following provisions of subpart A of 
this part (General Provisions), Sec. Sec.  63.1 through 63.5, and 
Sec. Sec.  63.12 through 63.15, apply to owners or operators of affected 
sources subject to this subpart. For sources that reclassify from major 
source to area source status, the applicable provisions of Sec.  63.9(j) 
and (k) apply. Beginning no later than the compliance dates specified in 
Sec.  63.1102(c), for ethylene production affected sources, Sec. Sec.  
63.7(a)(4), (c), (e)(4), and (g)(2) and 63.10(b)(2)(vi) also apply.
    (c) Research and development facilities. The provisions of this 
subpart do not apply to research and development facilities, consistent 
with section 112(b)(7) of the Act.
    (d) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (d)(1) and (2) of this section. 
Paragraphs (d)(3), (4), and (5) of this section discuss compliance for 
those process units operated as flexible operation units.

[[Page 652]]

    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (d)(2)(i) or (ii) of this section based on the anticipated 
operations for the 5 years following the promulgation date for existing 
affected sources and for the first 5 years after initial startup for new 
affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest percentage of operating time over the five-year period, 
then that product shall represent the primary product of the flexible 
operation unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five-year period shall 
represent the primary product of the flexible operation unit.
    (3) Once the primary product of a process unit has been determined 
to be a product produced by a source category subject to this subpart, 
the owner or operator of the affected source shall comply with the 
standards for the primary product production process unit.
    (4) The determination of the primary product for a process unit, 
including the assessment of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status report required by 
Sec.  63.1110(a)(4) when the primary product is determined to be a 
product produced by a source category subject to requirements under this 
subpart. The Notification of Compliance Status shall include the 
information specified in either paragraph (d)(4)(i) or (ii) of this 
section. If the primary product is determined to be something other than 
a product produced by a source category subject to requirements under 
this subpart, the owner or operator shall retain information, data, and 
analyses used to document the basis for the determination that the 
primary product is not produced by a source category subject to 
requirements under this subpart.
    (i) If the process unit manufactures only one product subject to 
requirements under this subpart, the identity of that product.
    (ii) If the process unit is designed and operated as a flexible 
operation unit, the information specified in paragraphs (d)(4)(ii)(A) 
and (B) of this section, as appropriate.
    (A) The identity of the primary product.
    (B) Information concerning operating time and/or production mass for 
each product that was used to make the determination of the primary 
product under paragraph (d)(2)(i) or (ii) of this section.
    (5) When a flexible operation unit that is subject to this subpart 
is producing a product other than a product subject to this subpart, or 
is producing a product subject to this subpart that is not the primary 
product, the owner or operator shall comply with either paragraph (d)(5) 
(i) or (ii) of this section for each emission point.
    (i) The owner or operator shall control emissions during the 
production of all products in accordance with the requirements for the 
production of the primary product. As appropriate, the owner or operator 
shall demonstrate that the parameter monitoring level established for 
the primary product is also appropriate for those periods when products 
other than the primary product are being produced. Documentation of this 
demonstration shall be submitted in the Notification of Compliance 
Status report required by Sec.  63.1110(a)(4).
    (ii) The owner or operator shall determine, for the production of 
each product, whether control is required in accordance with the 
applicable criteria for the primary product in Sec.  63.1103. If control 
is required, the owner or operator shall establish separate parameter 
monitoring levels, as appropriate, for the production of each product. 
The parameter monitoring levels developed shall be submitted in the 
Notification of Compliance Status report required by Sec.  
63.1110(a)(4).
    (e) Storage vessel ownership determination. To determine the process 
unit to which a storage vessel shall belong, the

[[Page 653]]

owner or operator shall sequentially follow the procedures specified in 
paragraphs (e)(1) through (8) of this section, stopping as soon as the 
determination is made.
    (1) If a storage vessel is already subject to another subpart of 
this part on the date of promulgation for an affected source under the 
generic MACT, that storage vessel shall belong to the process unit 
subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall belong to that process unit located on the same 
plant site as the storage vessel that has the greatest input into or 
output from the storage vessel (i.e., the process unit has the 
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is subject to this subpart, the storage vessel shall belong to 
that process unit.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are subject to standards under this subpart that have different 
primary products, then the owner or operator shall assign the storage 
vessel to any one of the process units sharing the storage vessel.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding the date of promulgation of 
standards for an affected source under this subpart or based on the 
expected utilization for the 5 years following the promulgation date of 
standards for an affected source under this subpart for existing 
affected sources, whichever is more representative of the expected 
operations for that storage vessel, and based on the expected 
utilization for the 5 years after initial startup for new affected 
sources. The determination of predominant use shall be reported in the 
Notification of Compliance Status Report required by Sec.  
63.1110(a)(4). If the predominant use changes, the redetermination of 
predominant use shall be reported in the next Periodic Report.
    (7) If the storage vessel begins receiving material from (or sending 
material to) another process unit; ceases to receive material from (or 
send material to) a process unit; or if the applicability of this 
subpart to a storage vessel has been determined according to the 
provisions of paragraphs (e)(1) through (6) of this section and there is 
a significant change in the use of the storage vessel that could 
reasonably change the predominant use, the owner or operator shall 
reevaluate the applicability of this subpart to the storage vessel.
    (8) Where a storage vessel is located at a major source that 
includes one or more process units that place material into, or receive 
materials from, the storage vessel, but the storage vessel is located in 
a tank farm, the applicability of this subpart shall be determined 
according to the provisions in paragraphs (e)(8)(i) through (iii) of 
this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping to the process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is only one process unit at a major source that meets 
the criteria of paragraph (e)(8)(i) of this section with respect to a 
storage vessel, the storage vessel shall be assigned to that process 
unit.
    (iii) If there are two or more process units at the major source 
that meet the criteria of paragraph (e)(8)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to one 
of those process units according to the provisions of paragraph (e)(6) 
of this section. The predominant use shall be determined among only

[[Page 654]]

those process units that meet the criteria of paragraph (e)(8)(i) of 
this section.
    (f) Recovery operation equipment ownership determination. To 
determine the process unit to which recovery equipment shall belong, the 
owner or operator shall sequentially follow the procedures specified in 
paragraphs (f)(1) through (7) of this section, stopping as soon as the 
determination is made.
    (1) If recovery operation equipment is already subject to another 
subpart of this part on the date standards are promulgated for an 
affected source, that recovery operation equipment shall belong to the 
process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single 
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units, 
then the recovery operation equipment shall belong to that process unit 
that has the greatest input into or output from the recovery operation 
equipment (i.e., that process unit has the predominant use of the 
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if one of those process 
units is a process unit subject to this subpart, the recovery operation 
equipment shall belong to the process unit subject to this subpart.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of the 
process units are process units that have different primary products and 
that are subject to this subpart, then the owner or operator shall 
assign the recovery operation equipment to any one of those process 
units.
    (6) If the predominant use of recovery operation equipment varies 
from year to year, then the predominant use shall be determined based on 
the utilization that occurred during the year preceding the promulgation 
date of standards for an affected source under this subpart or based on 
the expected utilization for the 5 years following the promulgation date 
for standards for an affected source under this subpart for existing 
affected sources, whichever is the more representative of the expected 
operations for the recovery operations equipment, and based on the 
expected utilization for the first 5 years after initial startup for new 
affected sources. This determination shall be reported in the 
Notification of Compliance Status Report required by Sec.  
63.1110(a)(4). If the predominant use changes, the redetermination of 
predominant use shall be reported in the next Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery 
operation equipment that could reasonably change the predominant use, 
the owner or operator shall redetermine to which process unit the 
recovery operation belongs by reperforming the procedures specified in 
paragraphs (f)(2) through (6) of this section.
    (g) Overlap with other regulations. Paragraphs (g)(1) through (7) of 
this section specify the applicability of this subpart YY emission point 
requirements when other rules may apply. Where this subpart YY allows an 
owner or operator an option to comply with one or another regulation to 
comply with this subpart YY, an owner or operator must report which 
regulation they choose to comply with in the Notification of Compliance 
Status report required by Sec.  63.1110(a)(4).
    (1) Overlap of subpart YY with other regulations for storage 
vessels. (i) After the compliance dates specified in Sec.  63.1102, a 
storage vessel subject to this subpart YY that is also subject to 
subpart G or CC of this part is required to comply only with the 
provisions of this subpart YY.
    (ii) After the compliance dates specified in Sec.  63.1102, a 
storage vessel that must be controlled according to the requirements of 
this subpart and subpart Ka or Kb of 40 CFR part 60 is required to 
comply only with the storage vessel requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents. 
(i) After the compliance dates specified in Sec.  63.1102, a process 
vent that must be controlled according to the requirements of this 
subpart and subpart G of this part is in compliance with this subpart if 
it complies with either set of

[[Page 655]]

requirements. The owner or operator must specify the rule with which 
they will comply in the Notification of Compliance Status report 
required by Sec.  63.1110(a)(4).
    (ii) After the compliance dates specified in Sec.  63.1102, a 
process vent that must be controlled according to the requirements of 
this subpart and subpart III, RRR or NNN of 40 CFR part 60 is required 
to comply only with the process vent requirements of this subpart.
    (3) Overlap of this subpart YY with other regulations for transfer 
racks. After the compliance dates specified in Sec.  63.1102, a transfer 
rack that must be controlled according to the requirements of this 
subpart YY and either subpart G of this part or subpart BB of 40 CFR 
part 61 is required to comply only with the transfer rack requirements 
of this subpart YY.
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec.  63.1102, 
equipment that must be controlled according to this subpart and 40 CFR 
part 60, subpart VV, or 40 CFR part 61, subpart J or subpart V, is 
required only to comply with the equipment leak requirements of this 
subpart.
    (ii) After the compliance dates specified in Sec.  63.1102, 
equipment that must be controlled according to this subpart YY and 
subpart H of this part is in compliance with the equipment leak 
requirements of this subpart YY if it complies with either set of 
requirements. For ethylene production affected sources, the requirement 
in Sec.  63.1103(e)(9)(i) also applies. The owner or operator must 
specify the rule with which they will comply in the Notification of 
Compliance Status report required by Sec.  63.1110(a)(4).
    (iii) Beginning no later than the compliance dates specified in 
Sec.  63.1102(c), for ethylene production affected sources, equipment 
that must be controlled according to this subpart YY and subpart VVa of 
40 CFR part 60 is required only to comply with the equipment leak 
requirements of this subpart, except the owner or operator must also 
comply with the calibration drift assessment requirements specified at 
40 CFR 60.485a(b)(2) if they are required to do so in subpart VVa of 40 
CFR part 60. When complying with the calibration drift assessment 
requirements at 40 CFR 60.485a(b)(2), the requirement at 40 CFR 
60.486a(e)(8)(v) to record the instrument reading for each scale used 
applies.
    (5) Overlap of this subpart YY with other regulations for wastewater 
for source categories other than ethylene production. (i) After the 
compliance dates specified in Sec.  63.1102 for an affected source 
subject to this subpart, a wastewater stream that is subject to the 
wastewater requirements of this subpart and the wastewater requirements 
of subparts F, G, and H of this part (collectively known as the ``HON'') 
shall be deemed to be in compliance with the requirements of this 
subpart if it complies with either set of requirements. In any instance 
where a source subject to this subpart is collocated with a Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) source, and a single 
wastewater treatment facility treats both Group 1 wastewaters and 
wastewater residuals from the source subject to this subpart and 
wastewaters from the SOCMI source, a certification by the treatment 
facility that they will manage and treat the waste in conformity with 
the specific control requirements set forth in Sec. Sec.  63.133 through 
63.147 will also be deemed sufficient to satisfy the certification 
requirements for wastewater treatment under this subpart.
    (6) Overlap of subpart YY with other regulations for waste for the 
ethylene production source category. (i) After the compliance date 
specified in Sec.  63.1102, a waste stream that is conveyed, stored, or 
treated in a wastewater stream management unit, waste management unit, 
or wastewater treatment system that receives streams subject to both the 
control requirements of Sec.  63.1103(e)(3) for ethylene production 
sources and the provisions of Sec. Sec.  63.133 through 63.147 shall 
comply as specified in paragraphs (g)(6)(i)(A) through (C) of this 
section. Compliance with the provisions of this paragraph (g)(6)(i) 
shall constitute compliance with the requirements of this subpart for 
that waste stream.
    (A) Comply with the provisions in Sec. Sec.  63.133 through 63.137 
and 63.140 for all

[[Page 656]]

equipment used in the storage and conveyance of the waste stream.
    (B) Comply with the provisions in Sec. Sec.  63.1103(e), 63.138, and 
63.139 for the treatment and control of the waste stream.
    (C) Comply with the provisions in Sec. Sec.  63.143 through 63.148 
for monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in Sec. Sec.  
61.355 through 61.357.
    (ii) After the compliance date specified in Sec.  63.1102, 
compliance with Sec.  63.1103(e) shall constitute compliance with the 
Benzene Waste Operations NESHAP (subpart FF of 40 CFR part 61) for waste 
streams that are subject to both the control requirements of Sec.  
63.1103(e)(3) for ethylene production sources and the control 
requirements of 40 CFR part 61, subpart FF.
    (7) Overlap of this subpart YY with other regulations for flares for 
the ethylene production source category. (i) Beginning no later than the 
compliance dates specified in Sec.  63.1102(c), flares that are subject 
to 40 CFR 60.18 or Sec.  63.11 and used as a control device for an 
emission point subject to the requirements in Table 7 to Sec.  
63.1103(e) are required to comply only with Sec.  63.1103(e)(4). At any 
time before the compliance dates specified in Sec.  63.1102(c), flares 
that are subject to 40 CFR 60.18 or Sec.  63.11 and elect to comply with 
Sec.  63.1103(e)(4) are required to comply only with Sec.  
63.1103(e)(4).
    (ii) Beginning no later than the compliance dates specified in Sec.  
63.1102(c), flares subject to Sec.  63.987 and used as a control device 
for an emission point subject to the requirements in Table 7 to Sec.  
63.1103(e) are only required to comply with Sec.  63.1103(e)(4).
    (iii) Beginning no later than the compliance dates specified in 
Sec.  63.1102(c), flares subject to the requirements in 40 CFR part 63, 
subpart CC and used as a control device for an emission point subject to 
the requirements in Table 7 to Sec.  63.1103(e) are only required to 
comply with the flare requirements in 40 CFR part 63, subpart CC. This 
paragraph does not apply to multi-point pressure assisted flares.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63698, 63706, Nov. 22, 
1999; 67 FR 46279, July 12, 2002; 70 FR 19272, Apr. 13, 2005; 79 FR 
60922, Oct. 8, 2014; 85 FR 40423, July 6, 2020; 85 FR 73896, Nov. 19, 
2020]



Sec.  63.1101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in 40 CFR 63.2 (General Provisions), and in this section. The 
definitions in this section do not apply to waste requirements for 
ethylene production sources.
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec.  63.144(b).
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec.  63.144(c).
    Batch cycle refers to manufacturing a product from start to finish 
in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode per batch cycle. For example, a 
displacement of vapor resulting from the charging of a vessel with 
organic HAP will result in a discrete emission episode. If the vessel is 
then heated, there may also be another discrete emission episode 
resulting from the expulsion of expanded vapor. Both emission episodes 
may occur during the same batch cycle in the same vessel or unit 
operation. There are possibly other emission episodes that may occur 
from the vessel or other process equipment, depending on process 
operations.
    Batch unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do

[[Page 657]]

not simultaneously occur in a batch unit operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Capacity means the volume of liquid that is capable of being stored 
in a storage vessel, determined by multiplying the vessel's internal 
cross-sectional area by the internal height of the shell.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device. A closed vent system does not include the vapor 
collection system that is part of any tank truck or railcar or the 
loading arm or hose that is used for vapor return. For transfer racks, 
the closed vent system begins at, and includes, the first block valve on 
the downstream side of the loading arm or hose used to convey displaced 
vapors.
    Combined vent stream means a process vent that is comprised of at 
least one gas stream from a batch unit operation manifolded with at 
least one gas stream from a continuous unit operation.
    Compliance equipment means monitoring equipment used by an owner or 
operator of an affected source under this subpart to demonstrate 
compliance with an operation or emission limit standard.
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, and that is used to sample, 
condition (if applicable), analyze, and provide a record of process or 
control system parameters.
    Continuous unit operation means a unit operation where the inputs 
and outputs flow continuously. Continuous unit operations typically 
approach steady-state conditions. Continuous unit operations typically 
involve the simultaneous addition of raw material and withdrawal of the 
product.
    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart or a referencing subpart. For 
process vents from continuous unit operations at affected sources in 
source categories where the applicability criteria includes a TRE index 
value, recovery devices are not considered to be control devices. 
Primary condensers on steam strippers or fuel gas systems are not 
considered to be control devices.
    Day means a calendar day.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, kiln, fiber spinning line, equipment 
leak, or other point where a gaseous stream is released.
    Equipment means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling collection system, open-ended valve or line, valve, connector, 
instrumentation system in organic hazardous air pollutant service as 
defined in Sec.  63.1103 for the applicable process unit, whose primary 
product is a product produced by a source category subject to this 
subpart.
    Equivalent method means any method of sampling and analysis for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively

[[Page 658]]

known relationship to the reference method, under specified conditions.
    Excess emissions means emissions in excess of those that would have 
occurred if there were no start-up, shutdown, or malfunction and the 
owner or operator complied with the relevant provisions of this subpart.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
source category where the applicability criteria includes a TRE index 
value. The final recovery device usually discharges to a combustion 
device, recapture device, or directly to the atmosphere.
    Flexible operation unit means a process unit that manufactures 
different chemical products periodically by alternating raw materials or 
operating conditions.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as a fuel gas in combustion 
devices or in-process combustion equipment, such as furnaces and gas 
turbines, either singly or in combination.
    Group 1 wastewater stream means a process wastewater stream at an 
existing or new source that meets the criteria for Group 1 status in 
Sec.  63.132(c).
    Group 2 wastewater stream means a process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen 
fluoride (HF).
    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial startup means, for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing equipment. Initial startup does not 
include subsequent startup (as defined in this section) of process units 
following malfunctions or process unit shutdowns. Except for equipment 
leaks, initial startup also does not include subsequent startups (as 
defined in this section) of process units following changes in product 
for flexible operation units or following recharging of equipment in 
batch unit operations.
    Low throughput transfer rack means a transfer rack that transfers 
less than a total of 11.8 million liters per year of liquid containing 
regulated HAP.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the process unit, whose primary product 
is a product produced by a source category subject to this subpart, into 
an individual drain system prior to or during maintenance activities. 
Maintenance wastewater can be generated during planned and unplanned 
shutdowns and during periods not associated with a shutdown. Examples of 
activities that can generate maintenance wastewaters include descaling 
of heat exchanger tubing bundles, cleaning of distillation column traps, 
draining of low legs and high point bleeds, draining of pumps into an 
individual drain system, and draining of portions of the process unit, 
whose primary product is a product produced by a source category subject 
to this subpart, for repair.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to cause, the emission limitations in an 
applicable standard to be exceeded. Failures that are caused in part by 
poor maintenance or careless operation are not malfunctions.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored or transferred liquid at 
the temperature equal to the highest calendar-month average of the 
liquid storage or

[[Page 659]]

transfer temperature for liquids stored or transferred above or below 
the ambient temperature or at the local maximum monthly average 
temperature as reported by the National Weather Service for liquids 
stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporation Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec.  63.14 of subpart 
A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec.  63.14 
of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to 
additional waste management units such as an air flotation unit, 
clarifier, or biological treatment unit. Examples of an oil-water or 
organic-water separator include, but are not limited to, an American 
Petroleum Institute separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    On-site means, with respect to records required to be maintained by 
this subpart, a location within a plant site that encompasses the 
affected source. On-site includes, but is not limited to, the affected 
source to which the records pertain, or central files elsewhere at the 
plant site.
    Organic hazardous air pollutant or organic HAP means any organic 
chemicals that are also HAP.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Point of determination means each point where process wastewater 
exits the process unit, whose primary product is a product produced by a 
source category subject to this subpart.

    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream at the point 
of determination or downstream of the point of determination if 
corrections are made for changes in flow rate and annual average 
concentration of Table 9 compounds (as defined under this subpart) as 
determined in Sec.  63.144. Such changes include losses by air 
emissions, reduction of annual average concentration or changes in flow 
rate by mixing with other water or wastewater streams, and reduction in 
flow rate or annual average concentration by treating or otherwise 
handling the wastewater stream to remove or destroy hazardous air 
pollutants.

    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.
    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. This definition does not 
apply to ethylene production affected sources.
    Process condenser means a condenser whose primary purpose is to 
recover

[[Page 660]]

material as an integral part of a process. The condenser must support a 
vapor-to-liquid phase change for periods of source equipment operation 
that are above the boiling or bubble point of substance(s). Examples of 
process condensers include distillation condensers, reflux condensers, 
process condensers in line prior to the vacuum source, and process 
condensers used in stripping or flashing operations.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw and/or intermediate materials and to manufacture an 
intended product. A process unit includes more than one unit operation.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit, or part of a process unit 
during which practice or procedure it is technically feasible to clear 
process material from the process unit, or part of the process unit, 
consistent with safety constraints and during which repairs can be 
effected. The following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that stops 
production from a process unit, or part of a process unit, for less than 
24 hours.
    (2) An unscheduled work practice or operational procedure that would 
stop production from a process unit, or part of a process unit, for a 
shorter period of time than would be required to clear the process unit, 
or part of the process unit, of materials and start up the unit and 
result in greater emissions than delay of repair of leaking components 
until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Process vent means the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream from a 
unit operation within a source category subject to this subpart.
    Process vent excludes the following gas stream discharges:
    (1) Relief valve discharges;
    (2) Leaks from equipment subject to this subpart;
    (3) Gas streams exiting a control device complying with this 
subpart;
    (4) Gas streams transferred to other processes (on-site or off-site) 
for reaction or other use in another process (i.e., for chemical value 
as a product, isolated intermediate, byproduct, or co-product for heat 
value);
    (5) Gas streams transferred for fuel value (i.e., net positive 
heating value), use, reuse, or sale for fuel value, use, or reuse;
    (6) Gas streams from storage vessels or transfer racks subject to 
this subpart;
    (7) Gas streams from waste management units subject to this subpart;
    (8) Gas streams from wastewater streams subject to this subpart;
    (9) Gas streams exiting process analyzers; and
    (10) Gas stream discharges that contain less than or equal to 0.005 
weight-percent total organic HAP.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown, water formed during a chemical reaction 
or used as a reactant, water used to wash impurities from organic 
products or reactants, equipment washes between batches in a batch 
process, water used to cool or quench organic vapor streams through 
direct contact, and condensed steam from jet ejector systems pulling 
vacuum on vessels containing organics.
    Process wastewater stream means a stream that contains process 
wastewater.
    Product means a compound or chemical which is manufactured as the 
intended product of the applicable production process unit as defined in 
Sec.  63.1103. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include,

[[Page 661]]

but are not limited to, absorbers, carbon adsorbers, and condensers. For 
purposes of the monitoring, recordkeeping, and reporting requirements of 
this subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse, or for sale for fuel 
value. Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of operation of an affected source or 
equipment that is used to comply with this subpart, or the emptying and 
degassing of a storage vessel. For the purposes of this subpart, 
shutdown includes, but is not limited to, periodic maintenance, 
replacement of equipment, or repair. Shutdown does not include the 
routine rinsing or washing of equipment in batch operation between 
batches. Shutdown includes the decoking of ethylene cracking furnaces.
    Startup means the setting into operation of a regulated source and/
or equipment required or used to comply with this subpart. Startup 
includes initial startup, operation solely for testing equipment, the 
recharging of equipment in batch operation, and transitional conditions 
due to changes in product for flexible operation units.
    Storage vessel or tank, for the purposes of regulation under the 
storage vessel provisions of this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, fiberglass, or plastic) that provides structural 
support and is designed to hold an accumulation of liquids or other 
materials. Storage vessel includes surge control vessels and bottoms 
receiver vessels. For the purposes of regulation under the storage 
vessel provisions of this subpart, storage vessel does not include 
vessels permanently attached to motor vehicles such as trucks, railcars, 
barges, or ships; pressure vessels designed to operate in excess of 
204.9 kilopascals and without emissions to the atmosphere; or wastewater 
storage vessels. Wastewater storage vessels are covered under the 
wastewater provisions of Sec.  63.1106.
    Subsequent startup means any setting into operation of a regulated 
source and/or equipment required or used to comply with this subpart 
following the initial startup.
    Surge control vessel means a feed drum, recycle drum, or 
intermediate vessel. Surge control vessels are used within a process 
unit (as defined in this subpart) when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Table 9 compounds means compounds listed in Table 9 of subpart G of 
this part.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream, with the 
concentrations expressed on a carbon basis.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based on 
vent stream flow rate, emission rate of organic HAP, net heating value, 
and corrosion properties (whether or not the vent stream contains 
halogenated compounds), as quantified by the equations given under Sec.  
63.1104(j).
    Transfer rack means a single system used to fill bulk cargo tanks 
mounted on or in a truck or railcar. A transfer rack includes all 
loading arms, pumps, meters, shutoff valves, relief valves, and other 
piping and equipment necessary for the transfer operation.

[[Page 662]]

Transfer equipment and operations that are physically separate (i.e., do 
not share common piping, valves, and other equipment) are considered to 
be separate transfer racks.
    Unit operation means distinct equipment used in processing, among 
other things, to prepare reactants, facilitate reactions, separate and 
purify products, and recycle materials. Equipment used for these 
purposes includes, but is not limited to, reactors, distillation 
columns, extraction columns, absorbers, decanters, dryers, condensers, 
and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars during 
loading; and to route the collected organic HAP vapors to the storage 
vessel from which the liquid being loaded originated, or to compress 
collected organic HAP vapors and commingle with the raw feed of a 
production process unit.
    Wastewater is either a process wastewater or a maintenance 
wastewater and means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined 
under this subpart) of at least 5 parts per million by weight at the 
point of determination and has an annual average flow rate of 0.02 liter 
per minute or greater, or
    (ii) An annual average concentration of Table 9 compounds (as 
defined under this subpart) of at least 10,000 parts per million by 
weight at the point of determination at any flow rate, and that
    (2) Is discarded from a process unit, whose primary product is a 
product produced by a source category subject to this subpart.
    Wastewater stream means a stream that contains wastewater.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 
1999; 66 FR 55847, Nov. 2, 2001; 67 FR 39305, June 7, 2002; 67 FR 46280, 
July 12, 2002; 71 FR 20458, Apr. 20, 2006; 79 FR 60922, Oct. 8, 2014; 85 
FR 40424, July 6, 2020]



Sec.  63.1102  Compliance schedule.

    (a) General requirements. Affected sources, as defined in Sec.  
63.1103(a)(1)(i) for acetyl resins production, Sec.  63.1103(b)(1)(i) 
for acrylic and modacrylic fiber production, Sec.  63.1103(c)(1)(i) for 
hydrogen fluoride production, Sec.  63.1103(d)(1)(i) for polycarbonate 
production, Sec.  63.1103(e)(1)(i) for ethylene production, Sec.  
63.1103(f)(1)(i) for carbon black production, Sec.  63.1103(g)(1)(i) for 
cyanide chemicals manufacturing, or Sec.  63.1103(h)(1)(i) for spandex 
production shall comply with the appropriate provisions of this subpart 
and the subparts referenced by this subpart YY according to the schedule 
in paragraph (a)(1) or (2) of this section, as appropriate, except as 
provided in paragraph (b) of this section. Affected sources in ethylene 
production also must comply according to paragraph (c) of this section. 
Proposal and effective dates are specified in Table 1 to this section.
    (1) Compliance dates for new and reconstructed sources. (i) The 
owner or operator of a new or reconstructed affected source that 
commences construction or reconstruction after the proposal date, and 
that has an initial startup before the effective date of standards for 
an affected source, shall comply with this subpart no later than the 
applicable effective date in Table 1 to Sec.  63.1102 of this section.
    (ii) The owner or operator of a new or reconstructed affected source 
that has an initial startup after the applicable effective date in Table 
1 to Sec.  63.1102 of this section shall comply with this subpart upon 
startup of the source.
    (iii) The owner or operator of an affected source that commences 
construction or reconstruction after the proposal date, but before the 
effective date in Table 1 to this section, shall comply with this 
subpart no later than the date 3 years after the effective date if the 
conditions in paragraphs (a)(1)(iii) (A) and (B) of this section are 
met.
    (A) The promulgated standards are more stringent than the proposed 
standards.
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the effective date of 
standards for the affected source.
    (2) Compliance dates for existing sources. (i) The owner or operator 
of an existing affected source shall comply with the requirements of 
this subpart

[[Page 663]]

within 3 years after the effective date of standards for the affected 
source.
    (ii) The owner or operator of an area source that increases its 
emissions of (or its potential to emit) HAP such that the source becomes 
a major source shall be subject to the relevant standards for existing 
sources under this subpart. Such sources shall comply with the relevant 
standards within 3 years of becoming a major source.
    (b) All acrylic and modacrylic fiber production affected sources and 
polycarbonate production affected sources that commenced construction or 
reconstruction on or before January 9, 2014, shall be in compliance with 
the pressure relief device monitoring requirements of Sec.  
63.1107(e)(3) upon initial startup or October 9, 2017, whichever is 
later, and the equipment leaks requirements of 40 CFR part 63, subpart 
UU upon initial startup or October 8, 2015, whichever is later. New 
acrylic and modacrylic fiber production affected sources and 
polycarbonate production affected sources that commence construction or 
reconstruction after January 9, 2014, shall be in compliance with the 
pressure relief device monitoring requirements of Sec.  63.1107(e)(3) 
upon initial startup or by October 8, 2014, whichever is later.

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

    (c) All ethylene production affected sources that commenced 
construction or reconstruction on or before October 9, 2019, must be in 
compliance with the requirements listed in paragraphs (c)(1) through 
(13) of this section upon initial startup or July 6, 2023, whichever is 
later. All ethylene production affected sources that commenced 
construction or reconstruction after October 9, 2019, must be in 
compliance with the requirements listed in paragraphs (c)(1) through 
(13) of this section upon initial startup, or July 6, 2020, whichever is 
later.
    (1) Overlap requirements specified in Sec.  63.1100(g)(4)(iii) and 
(7), if applicable.
    (2) The storage vessel requirements specified in paragraphs 
(b)(1)(iii) and (c)(1)(ii) of Table 7 to Sec.  63.1103(e), and the 
degassing requirements specified in Sec.  63.1103(e)(10).
    (3) The ethylene process vent requirements specified in paragraph 
(d)(1)(ii) of Table 7 to Sec.  63.1103(e).
    (4) The transfer rack requirements specified in Sec.  63.1105(a)(5).
    (5) The equipment requirements specified in paragraph (f)(1)(ii) of 
Table 7 to Sec.  63.1103(e) and Sec.  63.1107(h).
    (6) The bypass line requirements specified in paragraph (i) of Table 
7 to Sec.  63.1103(e), and Sec.  63.1103(e)(6).
    (7) The decoking requirements for ethylene cracking furnaces 
specified in paragraph (j) of Table 7 to Sec.  63.1103(e), and Sec.  
63.1103(e)(7) and (8).
    (8) The flare requirements specified in Sec.  63.1103(e)(4).
    (9) The maintenance vent requirements specified in Sec.  
63.1103(e)(5).
    (10) The requirements specified in Sec.  63.1103(e)(9).
    (11) The requirements in Sec.  63.1108(a)(4)(i), (b)(1)(ii), (b)(2), 
and (b)(4)(ii)(B).
    (12) The recordkeeping requirements specified in Sec.  63.1109(e) 
through (i).
    (13) The reporting requirements specified in Sec.  63.1110(a)(10), 
(d)(1)(iv) and (v), and (e)(4) through (8).

[67 FR 46280, July 12, 2002, as amended at 79 FR 60922, Oct. 8, 2014; 85 
FR 40425, July 6, 2020]

[[Page 664]]



Sec.  63.1103  Source category-specific applicability, definitions, 
and requirements.

    (a) Acetal resins production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the acetal 
resins production source category (as defined in paragraph (a)(2) of 
this section), the affected source shall comprise all emission points, 
in combination, listed in paragraphs (a)(1)(i)(A) through (D) of this 
section, that are associated with an acetal resins production process 
unit located at a major source, as defined in section 112(a) of the 
Clean Air Act (Act).
    (A) All storage vessels that store liquids containing organic HAP. 
For purposes of regulation, surge control vessels and bottoms receivers 
that are located as part of the process train prior to the polymer 
reactor are to be regulated under the front-end process vent provisions.
    (B) All process vents from continuous unit operations (front end 
process vents and back end process vents).
    (C) All wastewater streams associated with the acetal resins 
production process unit as defined in (a)(2) of this section.
    (D) Equipment (as defined in Sec.  63.1101 of this subpart) that 
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule for affected 
sources as defined in paragraph (a)(1)(i) of this section is specified 
in Sec.  63.1102(a).
    (2) Definitions.
    Acetal resins production means the production of homopolymers and/or 
copolymers of alternating oxymethylene units. Acetal resins are also 
known as polyoxymethylenes, polyacetals, and aldehyde resins. Acetal 
resins are generally produced by polymerizing formaldehyde (HCHO) with 
the methylene functional group (CH2) and are characterized by 
repeating oxymethylene units (CH2O) in the polymer backbone.
    Back end process vent means any process vent from a continuous unit 
operation that is not a front end process vent up to the final 
separation of raw materials and by-products from the stabilized polymer.
    Front end process vent means any process vent from a continuous unit 
operation involved in the purification of formaldehyde feedstock for use 
in the acetal homopolymer process. All front end process vents are 
restricted to those vents that occur prior to the polymer reactor.
    (3) Requirements. Table 1 of this section specifies the acetal 
resins production standards applicability for existing and new sources. 
Applicability assessment procedures and methods are specified in 
Sec. Sec.  63.1104 through 63.1107. An owner or operator of an affected 
source is not required to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to this 
subpart. General compliance, recordkeeping, and reporting requirements 
are specified in Sec. Sec.  63.1108 through 63.1112. Procedures for 
approval of alternative means of emission limitations are specified in 
Sec.  63.1113. The owner or operator must control organic HAP emissions 
from each affected source emission point by meeting the applicable 
requirements specified in table 1 of this section.

   Table 1 to Sec.   63.1103(a)--What Are My Requirements If I Own Or
  Operate An Acetal Resins Production Existing Or New Affected Source?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 34  The maximum true      a. Reduce emissions
 cubic meters 17.1 kilopascals   percent by venting
                               (for existing         emissions through a
                               sources) or 11.7 kilopascals   to any combination
                               (for new sources).    of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or

[[Page 665]]

 
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A front end process vent   ....................  a. Reduce emissions
 from continuous unit                                of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 60 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.
3. A back end process vent    The vent stream has   a. Reduce emissions
 from continuous unit          a TRE \a\ <1.0.       of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 1.0.
4. A back end process vent    1.0 <=TRE \a\ <=4.0.  Monitor and keep
 from continuous unit                                records of
 operations.                                         equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Sec.
                                                     Sec.
                                                     63.990(c)(absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
5. Equipment as defined       The equipment         Comply with the
 under Sec.   63.1101.         contains or           requirements of
                               contacts =10 weight-        (national emission
                               percent organic HAP   standards for
                               \b\, and operates     equipment leaks
                               <=300 hours per       (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
6. An acetal resins           The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1 or       Sec.   63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
7. An acetal resins           The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.   63.1106(b).
 wastewater.
8. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
\a\ The TRE is determined according to the procedures specified in Sec.
   63.1104(j).
\b\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.   63.1107.

    (b) Acrylic and modacrylic fiber production applicability, 
definitions, and requirements--(1) Applicability--(i) Affected source. 
For the acrylic fibers and modacrylic fibers production (as defined in 
paragraph (b)(2) of this section) source category, the affected source 
shall comprise all emission points, in combination, listed in paragraphs 
(b)(1)(i)(A) through (E) of this section, that are associated with a 
suspension or solution polymerization

[[Page 666]]

process unit that produces acrylic and modacrylic fiber located at a 
major source as defined in section 112(a) of the Act.
    (A) All storage vessels that store liquid containing acrylonitrile 
or organic HAP.
    (B) All process vents from continuous unit operations.
    (C) All wastewater streams associated with the acrylic and 
modacrylic fibers production process unit as defined in (b)(2) of this 
section.
    (D) Equipment (as defined in Sec.  63.1101 of this subpart) that 
contains or contacts acrylonitrile or organic HAP.
    (E) All acrylic and modacrylic fiber spinning lines using a spinning 
solution or suspension having organic acrylonitrile or organic HAP. For 
the purposes of implementing this paragraph, a spinning line includes 
the spinning solution filters, spin bath, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (b)(1)(i) of this section, is specified 
in Sec.  63.1102.
    (2) Definitions.
    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of 
either of the following synthetic fibers composed of acrylonitrile 
units:
    (i) Acrylic fiber.
    (ii) Modacrylic fiber.
    Acrylonitrile solution polymerization means a process where 
acrylonitrile and comonomers are dissolved in a solvent to form a 
polymer solution (typically polyacrylonitrile). The polyacrylonitrile is 
soluble in the solvent. In contrast to suspension polymerization, the 
resulting reactor polymer solution (spin dope) is filtered and pumped 
directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization 
process where small drops of acrylonitrile and comonomers are suspended 
in water in the presence of a catalyst where they polymerize under 
agitation. Solid beads of polymer are formed in this suspension reaction 
which are subsequently filtered, washed, refiltered, and dried. The 
beads must be subsequently redissolved in a solvent to create a spin 
dope prior to introduction to the fiber spinning process.
    Fiber spinning line means the group of equipment and process vents 
associated with acrylic or modacrylic fiber spinning operations. The 
fiber spinning line includes (as applicable to the type of spinning 
process used) the blending and dissolving tanks, spinning solution 
filters, wet spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    In organic hazardous air pollutant or in organic HAP service means, 
for acrylic and modacrylic fiber production affected sources, that a 
piece of equipment either contains or contacts a fluid (liquid or gas) 
that is at least 10 percent by weight of total organic HAP as determined 
according to the provisions of Sec.  63.180(d). The provisions of Sec.  
63.180(d) also specify how to determine that a piece of equipment is not 
in organic HAP service.
    Modacrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 35 percent by weight of acrylonitrile units but less than 85 
percent by weight of acrylonitrile units.
    Seal means, for acrylic and modacrylic fiber production affected 
sources complying with the requirements of Sec.  63.1033(b) or Sec.  
63.167(a) on or after October 8, 2014, that instrument monitoring of the 
open-ended valve or line conducted according to the method specified in 
Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c), or Sec.  
63.180(b) and, as applicable, Sec.  63.180(c), indicates no readings of 
500 parts per million or greater.
    Spin dope means the liquid mixture of polymer and solvent that is 
fed to the spinneret to form the acrylic and modacrylic fibers.
    (3) Requirements. An owner or operator of an affected source must 
comply with the requirements of paragraph (b)(3)(i) or (ii) of this 
section.

[[Page 667]]

    (i) Table 2 of this section specifies the acrylic and modacrylic 
fiber production source category control requirement applicability for 
both existing and new sources. Applicability assessment procedures and 
methods are specified in Sec. Sec.  63.1104 through 63.1107. An owner or 
operator of an affected source is not required to perform tests, or 
other applicability assessment procedures if they opt to comply with the 
most stringent requirements for an applicable emission point pursuant to 
this subpart. General compliance, recordkeeping, and reporting 
requirements are specified in Sec. Sec.  63.1108 through 63.1112. 
Procedures for approval of alternative means of emission limitations are 
specified in Sec.  63.1113. The owner or operator must control organic 
HAP emissions from each affected source emission point by meeting the 
applicable requirements specified in table 2 of this section.

Table 2 to Sec.   63.1103(b)(3)(i)--What Are My Requirements if I Own or
   Operate an Acrylic and Modacrylic Fiber Production Existing or New
    Affected Source and Am Complying With Paragraph (b)(3)(i) of This
                                Section?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   a. Reduce emissions
                               contains organic      of organic HAP by
                               HAP.                  98 weight-percent
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control device
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements), or
                                                     95 weight-percent
                                                     or greater by
                                                     venting through a
                                                     closed vent system
                                                     to a recovery
                                                     device meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.993 (recovery
                                                     device
                                                     requirements); or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW of this
                                                     part.
2. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of organic HAP or
 (halogenated).                of halogen atoms      TOC as specified
                               contained in          for nonhalogenated
                               organic compounds     process vents from
                               =0.45      continuous unit
                               kilograms per         operations (other
                               hour,\a\ and an       than by using a
                               organic HAP           flare) by venting
                               concentration =50 parts      closed vent system
                               per million by        to a halogen
                               volume \b\ and an     reduction device
                               average flow rate     meeting the
                               =0.005     requirements of
                               cubic meters per      subpart SS of this
                               minute.               part, Sec.   63.994
                                                     (halogen reduction
                                                     devices
                                                     requirements) that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per year,
                                                     whichever is less
                                                     stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, Sec.   63.994
                                                     (halogen reduction
                                                     devices
                                                     requirements) and
                                                     then complying with
                                                     the requirements
                                                     specified for
                                                     process vents from
                                                     continuous unit
                                                     operations
                                                     (nonhalogenated).

[[Page 668]]

 
3. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of organic HAP by
 (nonhalogenated).             of halogen atoms      using a flare
                               contained in          meeting the
                               organic compounds     requirements of
                               <0.45 kilograms per   subpart SS of this
                               hour,\a\ and an       part, Sec.   63.987
                               organic HAP           (flare
                               concentration =50 parts     b. Reduce emissions
                               per million by        of organic HAP by
                               volume \b\ and an     98 weight-percent,
                               average flow rate     or reduce TOC to a
                               =0.005     concentration of 20
                               cubic meters per      parts per million
                               minute.               by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements).
4. A fiber spinning line      The lines use a spin  a. Reduce organic
 that is a new or              dope produced from    HAP emissions by 85
 reconstructed source.         either a suspension   weight-percent or
                               polymerization        more. (For example,
                               process or solution   you may enclose the
                               polymerization        spinning and
                               process.              washing areas of
                                                     the spinning line
                                                     (as specified in
                                                     paragraph (b)(4) of
                                                     this section) and
                                                     vent through a
                                                     closed vent system
                                                     and use any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a).); or
                                                    b. Reduce organic
                                                     HAP emissions from
                                                     the spinning line
                                                     to less than or
                                                     equal to 0.25
                                                     kilograms of
                                                     organic HAP per
                                                     megagram (0.5
                                                     pounds of organic
                                                     HAP per ton) of
                                                     acrylic and
                                                     modacrylic fiber
                                                     produced; or
                                                    c. Reduce the
                                                     organic HAP
                                                     concentration of
                                                     the spin dope to
                                                     less than 100 ppmw.
5. A fiber spinning line      The spinning line     Reduce organic HAP
 that is an existing source.   uses a spin dope      emissions from the
                               produced from a       spinning line to
                               solution              less than or equal
                               polymerization        to 20 kilograms of
                               process.              organic HAP per
                                                     megagram (40 pounds
                                                     of organic HAP per
                                                     ton) of acrylic and
                                                     modacrylic fiber
                                                     produced.
6. A fiber spinning line      The spinning line     a. Reduce the
 that is an existing source.   uses a spin dope      organic HAP
                               produced from a       concentration of
                               suspension            the spin dope to
                               polymerization        less than 100 ppmw;
                               process.              \b\ or
                                                    b. Reduce organic
                                                     HAP emissions from
                                                     the spinning line
                                                     to less than or
                                                     equal to 0.25
                                                     kilograms of
                                                     organic HAP per
                                                     megagram of acrylic
                                                     and modacrylic
                                                     fiber produced.
7. Equipment as defined       It contains or        a. Comply with
 under Sec.   63.1101 (with    contacts =10 weight-        63.1008 or Sec.
 pressure relief devices       percent organic       63.1027 for
 described in item 11 below).  HAP,\c\ and           connectors in gas
                               operates =300 hours per     and in light liquid
                               year.                 service, and comply
                                                     with the
                                                     requirements of
                                                     subpart UU of this
                                                     part, except Sec.
                                                     63.1030, for all
                                                     other applicable
                                                     equipment; or
                                                    b. Comply with the
                                                     requirements in
                                                     subpart H of this
                                                     part, except Sec.
                                                     63.165, as provided
                                                     by the regulatory
                                                     overlap provisions
                                                     in Sec.
                                                     63.1100(g)(4)(ii).
8. An acrylic and modacrylic  The process           Comply with the
 fiber production process      wastewater stream     requirements of
 unit that generates process   is a Group 1 or       Sec.   63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
9. An acrylic and modacrylic  The maintenance       Comply with the
 fiber production process      wastewater contains   requirements of
 unit that generates           organic HAP.          Sec.   63.1106(b).
 maintenance wastewater.
10. An item of equipment      The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).

[[Page 669]]

 
11. Pressure relief devices.  The pressure relief   Comply with Sec.
                               device is in          63.1107(e).
                               organic HAP service.
------------------------------------------------------------------------
\a\ The mass emission rate of halogen atoms contained in organic
  compounds is determined according to the procedures specified in Sec.
   63.1104(i).
\b\ The percent by weight organic HAP is determined according to the
  procedures specified in Sec.   63.1107.
\c\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.   63.1107.

    (ii) The owner or operator must control organic HAP emissions from 
the acrylic and modacrylic fibers production facility by meeting the 
applicable requirements specified in table 3 of this section. The owner 
or operator must determine the facility organic HAP emission rate using 
the procedures specified in paragraph (b)(5) of this section. 
Applicability assessment procedures and methods are specified in 
Sec. Sec.  63.1104 through 63.1107. An owner or operator of an affected 
source does not have to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to this 
subpart. General compliance, recordkeeping, and reporting requirements 
are specified in Sec. Sec.  63.1108 through 63.1112. Procedures for 
approval of alternative means of emission limitations are specified in 
Sec.  63.1113.

 Table 3 to Sec.   63.1103(b)(3)(ii)--What Are My Requirements If I Own
  or Operate an Acrylic and Modacrylic Fiber Production Existing or New
   Affected Source and Am Complying With Paragraph (b)(3)(ii) of This
                                Section?
------------------------------------------------------------------------
                                Then you must control total organic HAP
 If you own or operate . . .   emissions from the affected source by . .
                                                   .
------------------------------------------------------------------------
1. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total organic HAP emissions
 source and your facility is    from all affected storage vessels,
 an existing source.            process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.5 kilograms (kg) of
                                organic HAP per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility organic HAP
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
2. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total organic HAP emissions
 source and your facility is    from all affected storage vessels,
 a new source.                  process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.25 kilograms (kg) of
                                organic HAP per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility organic HAP
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
3. Equipment as defined under  a. Comply with either Sec.   63.1008 or
 Sec.   63.1101 and it          Sec.   63.1027 for connectors in gas and
 contains or contacts 10 weight-percent organic   service, and comply with subpart UU of
 HAP,\a\ and operates 300 hours per year (with    all other applicable equipment; or
 the differences for pressure  b. Comply with the requirements in
 relief devices described in    subpart H of this part, except Sec.
 item 4 below).                 63.165, as provided by the regulatory
                                overlap provisions in Sec.
                                63.1100(g)(4)(ii).
4. A pressure relief device    Complying with Sec.   63.1107(e).
 in organic HAP service.
------------------------------------------------------------------------

    (4) Fiber spinning line enclosure requirements. For an owner or 
operator of a new or modified source electing to comply with paragraph 
(b)(3)(i) of this section, the fiber spinning line enclosure must be 
designed and operated to meet the requirements specified in paragraphs 
(b)(4)(i) through (iv) of this section.

[[Page 670]]

    (i) The enclosure must cover the spinning and washing areas of the 
spinning line.
    (ii) The enclosure must be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' in 40 CFR 52.741, appendix B.
    (iii) The enclosure may have permanent or temporary openings to 
allow worker access; passage of material into or out of the enclosure by 
conveyor, vehicles, or other mechanical means; entry of permanent 
mechanical or electrical equipment; or to direct airflow into the 
enclosure.
    (iv) The owner or operator must perform the verification procedure 
for the enclosure as specified in section 5.0 to ``Procedure T--Criteria 
for and Verification of a Permanent or Temporary Total Enclosure'' 
initially when the enclosure is first installed and, thereafter, 
annually.
    (5) Facility organic HAP emission rate determination. For an owner 
or operator electing to comply with paragraph (b)(3)(ii) of this 
section, the facility organic HAP emission rate must be determined using 
the requirements specified in paragraphs (b)(5)(i) through (iii) of this 
section.
    (i) The owner or operator must prepare an initial determination of 
the facility organic HAP emission rate.
    (ii) Whenever changes to the acrylic or modacrylic fiber production 
operations at the facility could potentially cause the facility organic 
HAP emission rate to exceed the applicable limit of kilogram of organic 
HAP per Megagram of fiber produced, the owner or operator must prepare a 
new determination of the facility organic HAP emission rate.
    (iii) For each determination, the owner or operator must prepare and 
maintain at the facility site sufficient process data, emissions data, 
and any other documentation necessary to support the facility organic 
HAP emission rate calculation.
    (c) Hydrogen fluoride production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source--For the hydrogen 
fluoride production (as defined in paragraph (c)(2) of this section) 
source category, the affected source shall comprise all emission points, 
in combination, listed in paragraphs (c)(1)(i)(A) through (D) of this 
section, that are associated with a hydrogen fluoride production process 
unit located at a major source as defined in section 112(a) of the Act.
    (A) All storage vessels used to accumulate or store hydrogen 
fluoride.
    (B) All process vents from continuous unit operations associated 
with hydrogen fluoride recovery and refining operations. These process 
vents include vents on condensers, distillation units, and water 
scrubbers.
    (C) All transfer racks used to load hydrogen fluoride into tank 
trucks or railcars.
    (D) Equipment in hydrogen fluoride service (as defined in paragraph 
(c)(2) of this section).
    (2) Definitions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purposes of this subpart.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in hydrogen fluoride service; and 
any control devices or closed-vent systems used to comply with this 
subpart.
    Hydrogen fluoride production means a process engaged in the 
production and recovery of hydrogen fluoride by reacting calcium 
fluoride with sulfuric acid. For the purpose of implementing this 
subpart, hydrogen fluoride production is not a process that produces 
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to 
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as 
an intermediate or final product prior to reacting with the hydrated 
aluminum).
    In hydrogen fluoride service means that a piece of equipment either 
contains or contacts a hydrogen fluoride process fluid (liquid or gas).

[[Page 671]]

    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems.
    Kiln seal means the mechanical or hydraulic seals at both ends of 
the kiln, designed to prevent the infiltration of moisture and air 
through the interface of the rotating kiln and stationary pipes and 
equipment attached to the kiln during normal vacuum operation of the 
kiln (operation at an internal pressure of at least 0.25 kilopascal [one 
inch of water] below ambient pressure).
    Leakless pump means a pump whose seals are submerged in liquid, a 
magnetically-driven pump, a pump equipped with a dual mechanical seal 
system that includes a barrier fluid system, a canned pump, or other 
pump that is designed with no externally actuated shaft penetrating the 
pump housing.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to the atmosphere, either directly or through open piping.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired for the purpose of this regulation means equipment is 
adjusted, or otherwise altered, to eliminate a leak identified by 
sensory monitoring.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Sensory monitoring means the detection of a potential leak to the 
atmosphere by walk-through visual, audible, or olfactory monitoring. 
Comprehensive component-by-component inspection is not required.
    Shift means the time a shift operator normally works, typically 8 or 
12 hours.
    (3) Requirements. Table 4 of this section specifies the hydrogen 
fluoride production source category applicability and control 
requirements for both existing and new sources. The owner or operator 
must control hydrogen fluoride emissions from each affected source 
emission point as specified in table 4. General compliance, 
recordkeeping, and reporting requirements are specified in Sec. Sec.  
63.1108 through 63.1112. Specific monitoring, recordkeeping, and 
reporting requirements are specified in table 4. Minimization of 
emissions from startups, shutdowns, and malfunctions, including those 
resulting from kiln seals must be addressed in the startup, shutdown, 
and malfunction plan required by Sec.  63.1111; the plan must also 
establish reporting and recordkeeping of such events. Procedures for 
approval of alternative means of emission limitations are specified in 
Sec.  63.1113.

[[Page 672]]



   Table 4 to Sec.   63.1103(c)--What Are My Requirements If I Own or
 Operate a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   Reduce emissions of
                               is hydrogen           hydrogen fluoride
                               fluoride.             by venting
                                                     displacement
                                                     emissions created
                                                     by normal filling
                                                     or emptying
                                                     activities through
                                                     a closed-vent
                                                     system to a
                                                     recovery system or
                                                     wet scrubber that
                                                     is designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     The minimum liquid
                                                     flow rate to the
                                                     scrubber that
                                                     achieves a 99
                                                     weight-percent
                                                     removal efficiency
                                                     shall be
                                                     established, and
                                                     may be done so by
                                                     design analysis.
                                                     The liquid flow
                                                     rate to the
                                                     scrubber shall be
                                                     continuously
                                                     monitored and
                                                     records maintained
                                                     according to Sec.
                                                     Sec.   63.996 and
                                                     63.998(b), (c), and
                                                     (d)(3) of 40 CFR
                                                     subpart SS of this
                                                     part. The Periodic
                                                     Report specified in
                                                     Sec.
                                                     63.1110(a)(5) of
                                                     this subpart shall
                                                     include the
                                                     information
                                                     specified in Sec.
                                                     63.999(c) of 40 CFR
                                                     subpart SS of this
                                                     part, as
                                                     applicable.
2. A process vent from        The vent stream is    Reduce emissions of
 continuous unit operations.   from hydrogen         hydrogen fluoride
                               fluoride recovery     from the process
                               and refining          vent by venting
                               vessels.              emissions through a
                                                     closed-vent system
                                                     to a wet scrubber
                                                     that is designed
                                                     and operated to
                                                     achieve a 99 weight-
                                                     percent removal
                                                     efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling
                                                     hydrogen fluoride
                                                     emissions from a
                                                     storage vessel.
3. A transfer rack..........  The transfer rack is  Reduce emissions of
                               associated with       hydrogen fluoride
                               bulk hydrogen         by venting
                               fluoride liquid       emissions through a
                               loading into tank     closed-vent system
                               trucks and rail       to a recovery
                               cars.                 system or wet
                                                     scrubber that is
                                                     designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling HF
                                                     emissions from a
                                                     storage vessel. You
                                                     also must load
                                                     hydrogen fluoride
                                                     into only tank
                                                     trucks and railcars
                                                     that have a current
                                                     certification in
                                                     accordance with the
                                                     U.S. DOT pressure
                                                     test requirements
                                                     of 49 CFR part 180
                                                     for tank trucks and
                                                     49 CFR 173.31 for
                                                     railcars; or have
                                                     been demonstrated
                                                     to be vapor-tight
                                                     (i.e. will sustain
                                                     a pressure change
                                                     of not more than
                                                     750 Pascals within
                                                     5 minutes after it
                                                     is pressurized to a
                                                     minimum or 4,500
                                                     Pascals) within the
                                                     preceding 12
                                                     months.

[[Page 673]]

 
4. Equipment................  It is in hydrogen     Control hydrogen
                               fluoride service      fluoride emissions
                               and operates =300 hours     pumps and by
                               per year and is not   implementing a
                               in vacuum service.    sensory monitoring
                                                     leak detection
                                                     program. Equipment
                                                     that is excluded
                                                     from sensory
                                                     monitoring because
                                                     it operates less
                                                     than 300 hours per
                                                     year or is in
                                                     vacuum service
                                                     shall be identified
                                                     by list, location,
                                                     or other method and
                                                     the identity shall
                                                     be recorded. An
                                                     owner or operator
                                                     is required to
                                                     perform sensory
                                                     monitoring at least
                                                     once every shift,
                                                     but no later than
                                                     within 15 days.
                                                     When a leak is
                                                     detected, repair
                                                     must begin within
                                                     one hour and be
                                                     completed as soon
                                                     as practical. A
                                                     record shall be
                                                     kept of each leak
                                                     detected and
                                                     repaired including:
                                                     equipment
                                                     identification
                                                     number, date and
                                                     time the leak was
                                                     detected and that
                                                     repair was
                                                     initiated, and the
                                                     date of successful
                                                     repair.
------------------------------------------------------------------------

    (d) Polycarbonate production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the 
polycarbonate production (as defined in paragraph (d)(2) of this 
section) source category, the affected source shall comprise all 
emission points, in combination, listed in paragraphs (d)(1)(i)(A) 
through (D) of this section, that are part of a polycarbonate production 
process unit located at a major source as defined in section 112(a) of 
the Act. For the purposes of this rule, a polycarbonate production 
process unit is a unit that produces polycarbonate by interfacial 
polymerization from bisphenols and phosgene. Phosgene production units 
that are associated with polycarbonate production process units are 
considered to be part of the polycarbonate production process. A 
phosgene production unit consists of the reactor in which phosgene is 
formed and all equipment (listed in paragraphs (d)(1)(i)(A) through (D) 
of this section) downstream of the reactor that provides phosgene for 
the production of polycarbonate. Therefore, for the purposes of this 
rule, such a phosgene production unit is considered to be a 
polycarbonate production process unit.
    (A) All storage vessels that store liquids containing organic HAP.
    (B) All process vents from continuous and batch unit operations.
    (C) All wastewater streams.
    (D) Equipment (as defined in Sec.  63.1101 of this subpart) that 
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (d)(1)(i) of this section, is specified 
in Sec.  63.1102.
    (2) Definitions.
    In organic hazardous air pollutant or in organic HAP service means, 
for polycarbonate production affected sources, that a piece of equipment 
either contains or contracts a fluid (liquid or gas) that is at least 5 
percent by weight of total organic HAP 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.
    Polycarbonate production means a process engaged in the production 
of a special class of polyester formed from any dihydroxy compound and 
any carbonate diester or by ester exchange. Polycarbonate may be 
produced by solution or emulsion polymerization, although other methods 
may be used. A typical method for the manufacture of polycarbonate 
includes the reaction of bisphenol-A with phosgene in the presence of 
pyridine or other catalyst to form polycarbonate. Methylene chloride or 
other solvents are used in this polymerization reaction.

[[Page 674]]

    Seal means, for polycarbonate production affected sources complying 
with the requirements of Sec.  63.1033(b) or Sec.  63.167(a) or after 
October 8, 2014, that instrument monitoring of the open-ended valve or 
line conducted according to the method specified in Sec.  63.1023(b) 
and, as applicable, Sec.  63.1023(c), or Sec.  63.180(b) and, as 
applicable, Sec.  63.180(c), indicates no readings of 500 parts per 
million or greater.
    (3) Requirements. Tables 5 and 6 of this section specify the 
applicability criteria and standards for existing and new sources within 
the polycarbonate production source category. The owner or operator must 
control organic HAP emissions from each affected source emission point 
by meeting the applicable requirements specified in tables 5 and 6. 
Applicability assessment procedures and methods are specified in 
Sec. Sec.  63.1104 through 63.1107. An owner or operator of an affected 
source is not required to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to this 
subpart. General compliance, recordkeeping, and reporting requirements 
are specified in Sec. Sec.  63.1108 through 63.1112. Procedures for 
approval of alternative means of emission limitations are specified in 
Sec.  63.1113.

   Table 5 to Sec.   63.1103(d)--What Are My Requirements If I Own or
      Operate A Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel with: 75  27.6 kilopascals      Reduce emissions of
 cubic meters <=capacity       <=maximum true        total organic HAP
 <151 cubic meters.            vapor pressure of     by 95 weight-
                               total organic HAP     percent by venting
                               <76.6 kilopascals.    emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                     comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters <=capacity.  vapor pressure of     total organic HAP
                               total organic HAP     by 98 weight-
                               =5.2       percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part
3. A storage vessel with: 75  The maximum true      Reduce emissions of
 cubic meters <=capacity       vapor pressure of     total organic HAP
 <151 cubic meters.            total organic HAP     by 95 weight-
                               =76.6      percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.

[[Page 675]]

 
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b\ \c\ <=      of total organic
 or a combined vent stream     2.7.                  HAP by 98 weight-
 \a\ (halogenated).                                  percent, or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(c)(2) and
                                                     (e); and then vent
                                                     emissions from
                                                     those control
                                                     device(s) through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hour,\d\ whichever
                                                     is less stringent;
                                                     or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, Sec.
                                                     63.994; and then
                                                     vent emissions from
                                                     those control
                                                     device(s) through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(c)(2) and
                                                     (e), that reduces
                                                     emissions of total
                                                     organic HAP by 98
                                                     weight-percent, or
                                                     reduce total
                                                     organic HAP or TOC
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     whichever is less
                                                     stringent; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 2.7.
5. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b\ \c\ <=      of total organic
 or a combined vent stream     2.7.                  HAP by 98 weight-
 \a\ (nonhalogenated).                               percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements); or
                                                    b. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 2.7.
6. A process vent from        2.7 < TRE \b\ \c\ <=  Monitor and keep
 continuous unit operations    4.0.                  records of
 or a combined vent stream                           equipment operating
 \a\.                                                parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS of this
                                                     part, Sec.  Sec.
                                                     63.982(e) and
                                                     63.993(c)
                                                     (absorbers,
                                                     condensers, carbon
                                                     adsorbers and other
                                                     recovery devices
                                                     used as final
                                                     recovery devices).
7. Equipment as defined       The equipment         a. Comply with
 under Sec.   63.1101 (with    contains or           either Sec.
 the differences for           contacts =5 weight-         63.1027 for
 described in item 11 below).  percent total         connectors in gas
                               organic HAP,\e\ and   and vapor service
                               operates =300 hours per     service, and comply
                               year.                 with the
                                                     requirements of
                                                     subpart UU of this
                                                     part, except Sec.
                                                     63.1030, for all
                                                     other applicable
                                                     equipment; or
                                                    b. Comply with the
                                                     requirements in
                                                     subpart H of this
                                                     part, except Sec.
                                                     63.165, as provided
                                                     by the regulatory
                                                     overlap provisions
                                                     in Sec.
                                                     63.1100(g)(4)(ii).

[[Page 676]]

 
8. A polycarbonate            The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1 or a     Sec.   63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
9. A polycarbonate            The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.   63.1106(b).
 wastewater.
10. An item of equipment      The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
11. Pressure relief devices.  The pressure relief   Comply with Sec.
                               device is in          63.1107(e).
                               organic HAP service.
------------------------------------------------------------------------
\a\ Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.   63.1104).
\b\ The TRE equation coefficients for halogenated streams (table 1 of
  Sec.   63.1104(j)(1)) shall be used to calculate the TRE index value.
\c\ The TRE is determined according to the procedures specified in Sec.
   63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
\d\ The mass emission rate of halogen atoms contained in organic
  compounds is determined according to the procedures specified in Sec.
   63.1104(i).
\e\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.   63.1107.


   Table 6 to Sec.   63.1103(d)--What are My Requirements If I Own or
         Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 38  13.1 kilopascals      a. Reduce emissions
 cubic meters <=capacity       <=maximum true        of total organic
 <151 cubic meters.            vapor pressure of     HAP by 95 weight-
                               total organic HAP     percent by venting
                               <76.6 kilopascals.    emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters <=capacity.  vapor pressure of     total organic HAP
                               total organic HAP     by 98 weight-
                               is =5.2    percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
3. A storage vessel with: 38  The maximum true      Reduce emissions of
 cubic meters <=capacity       vapor pressure of     total organic HAP
 <151 cubic meters.            total organic HAP     by 95 weight-
                               is =76.6   percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.

[[Page 677]]

 
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b\ \c\ <=9.6.  of total organic
 or a combined vent stream                           HAP by 98 weight-
 \a\ (halogenated).                                  percent, or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(c)(2) and
                                                     (e); and then vent
                                                     emissions from
                                                     those control
                                                     device(s) through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hour,\d\ whichever
                                                     is less stringent;
                                                     or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, Sec.
                                                     63.994; and then
                                                     vent emissions from
                                                     those control
                                                     device(s) through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(c)(2) and
                                                     (e), that reduces
                                                     emissions of total
                                                     organic HAP by 98
                                                     weight-percent, or
                                                     reduce total
                                                     organic HAP or TOC
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     whichever is less
                                                     stringent; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6.
5. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b\ \c\ <=      of total organic
 or a combined vent stream     9.6.                  HAP by 98 weight-
 \a\ (nonhalogenated).                               percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements); or
                                                    b. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6.
6. Equipment as defined       The equipment         a. Comply with
 under Sec.   63.1101 (with    contains or           either Sec.
 the differences for           contacts =5 weight-         63.1027 for
 described in item 6 below).   percent total         connectors in gas
                               organic HAP \e\,      and vapor service
                               and operates =300 hours     service, and comply
                               per year.             with the
                                                     requirements of
                                                     subpart UU of this
                                                     part, except Sec.
                                                     63.1030, for all
                                                     other applicable
                                                     equipment; or
                                                    b. Comply with the
                                                     requirements in
                                                     subpart H of this
                                                     part, except Sec.
                                                     63.165, as provided
                                                     by the regulatory
                                                     overlap provisions
                                                     in Sec.
                                                     63.1100(g)(4)(ii).
7. Pressure relief devices..  The pressure relief   Comply with Sec.
                               device is in          63.1107(e).
                               organic HAP service.
------------------------------------------------------------------------
\a\ Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.   63.1104).
\b\ The TRE equation coefficients for halogenated streams (Table 1 of
  Sec.   63.1104(j)(1) of this subpart) shall be used to calculate the
  TRE index value.

[[Page 678]]

 
\c\ The TRE is determined according to the procedures specified in Sec.
   63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
\d\ The mass emission rate of halogen atoms contained in organic
  compounds is determined according to the procedures specified in Sec.
   63.1104(i).
\e\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.   63.1107.

    (e) Ethylene production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the ethylene 
production (as defined in paragraph (e)(2) of this section) source 
category, the affected source comprises all emission points listed in 
paragraphs (e)(1)(i)(A) through (G) of this section that are associated 
with an ethylene production unit that is located at a major source, as 
defined in section 112(a) of the Act.
    (A) All storage vessels (as defined in Sec.  63.1101) that store 
liquids containing organic HAP.
    (B) All ethylene process vents (as defined in paragraph (e)(2) of 
this section) from continuous unit operations.
    (C) All transfer racks (as defined in paragraph (e)(2) of this 
section) that load HAP-containing material.
    (D) Equipment (as defined in Sec.  63.1101) that contains or 
contacts organic HAP.
    (E) All waste streams (as defined in paragraph (e)(2) of this 
section) associated with an ethylene production unit.
    (F) All heat exchange systems (as defined in Sec.  63.1082(b)) 
associated with an ethylene production unit.
    (G) All ethylene cracking furnaces and associated decoking 
operations.
    (ii) Exceptions. The emission points listed in paragraphs (e)(1)(ii) 
(A) through (L) of this section are in the ethylene production source 
category but are not subject to the requirements of paragraph (e)(3) of 
this section.
    (A) Equipment that is located within an ethylene production unit 
that is subject to this subpart but does not contain organic HAP.
    (B) Stormwater from segregated sewers.
    (C) Water from fire-fighting and deluge systems in segregated 
sewers.
    (D) Spills.
    (E) Water from safety showers.
    (F) Water from testing of fire-fighting and deluge systems.
    (G) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (H) Transfer racks, loading arms, or loading hoses that only 
transfer liquids containing organic HAP as impurities.
    (I) Transfer racks, loading arms, or loading hoses that vapor 
balance during all transfer operations.
    (J) Air emissions from all ethylene cracking furnaces.
    (K) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere.
    (L) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships.
    (iii) Exclusions. The provisions of this subpart do not apply to 
process units and emission points subject to subparts F, G, H, I and CC 
of this part.
    (iv) Compliance schedule. The compliance schedule for the ethylene 
production source category is specified in Sec.  63.1102.
    (2) Definitions. 
    Decoking operation means the coke combustion activity that occurs 
inside the radiant tube(s) in the ethylene cracking furnace firebox. 
Coke combustion activities during decoking can also occur in other 
downstream equipment such as the process gas outlet piping and transfer 
line exchangers or quench points.
    Ethylene process vent means a gas stream with a flow rate greater 
than 0.005 standard cubic meters per minute containing greater than 20 
parts per million by volume HAP that is continuously discharged during 
operation of an ethylene production unit. On and after July 6, 2023, 
ethylene process vent means a gas stream with a flow rate greater than 
0.005 standard cubic meters per minute containing greater than 20 parts 
per million by volume HAP that is continuously or periodically 
discharged during operation of an ethylene production unit. Ethylene 
process vents are gas streams that are discharged to the atmosphere (or 
the point of entry into a control device, if any) either directly or 
after passing

[[Page 679]]

through one or more recovery devices. Ethylene process vents do not 
include:
    (A) Pressure relief device discharges;
    (B) Gaseous streams routed to a fuel gas system, including any 
flares using fuel gas, of which less than 50 percent of the fuel gas is 
derived from an ethylene production unit;
    (C) Gaseous streams routed to a fuel gas system whereby any flares 
using fuel gas, of which 50 percent or more of the fuel gas is derived 
from an ethylene production unit, comply with Sec.  63.1103(e)(4) 
beginning no later than the compliance dates specified in Sec.  
63.1102(c);
    (D) Leaks from equipment regulated under this subpart;
    (E) Episodic or nonroutine releases such as those associated with 
startup, shutdown, and malfunction until July 6, 2023;
    (F) In situ sampling systems (online analyzers) until July 6, 2023; 
and
    (G) Coke combustion emissions from decoking operations beginning no 
later than the compliance dates specified in Sec.  63.1102(c).
    Ethylene production or production unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene production unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, 
pyrolysis gasoline, and pyrolysis fuel oil. Ethylene production does not 
include the manufacture of SOCMI chemicals such as the production of 
butadiene from the C4 stream and aromatics from pyrolysis 
gasoline.
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a pressure relief device or discharged via a flare, that 
is demonstrated to the satisfaction of the Administrator to result from 
an event beyond the owner or operator's control, such as natural 
disasters; acts of war or terrorism; loss of a utility external to the 
ethylene production unit (e.g., external power curtailment), excluding 
power curtailment due to an interruptible service agreement; and fire or 
explosion originating at a near or adjoining facility outside of the 
ethylene production unit that impacts the ethylene production unit's 
ability to operate.
    Organic HAP means the compounds listed in Table 1 to subpart XX of 
this part.
    Periodically discharged means gas stream discharges that are 
intermittent for which the total organic HAP concentration is greater 
than 20 parts per million by volume and total volatile organic compound 
emissions are 50 pounds per day or more. These intermittent discharges 
are associated with routine operations, maintenance activities, 
startups, shutdowns, malfunctions, or process upsets and do not include 
pressure relief device discharges or discharges classified as 
maintenance vents.
    Pressure-assisted multi-point flare means a flare system consisting 
of multiple flare burners in staged arrays whereby the vent stream 
pressure is used to promote mixing and smokeless operation at the flare 
burner tips. Pressure-assisted multi-point flares are designed for 
smokeless operation at velocities up to Mach = 1 conditions (i.e., sonic 
conditions), can be elevated or at ground level, and typically use 
cross-lighting for flame propagation to combust any flare vent gases 
sent to a particular stage of flare burners.
    Pressure relief device means a valve, rupture disk, or similar 
device used only to release an unplanned, nonroutine discharge of gas 
from process equipment in order to avoid safety hazards or equipment 
damage. A pressure relief device discharge can result from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated 
relief valves, rupture disks, and breaking, buckling, or shearing pin 
devices. 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.
    Radiant tube(s) means any portion of the tube coil assembly located 
within the ethylene cracking furnace firebox whereby a thermal cracking 
reaction of hydrocarbons (in the presence of steam) occurs. Hydrocarbons 
and steam pass through the radiant tube(s)

[[Page 680]]

of the ethylene cracking furnace during normal operation and coke is 
removed from the inside of the radiant tube(s) during decoking 
operation.
    Relief valve means a type of pressure relief device that is designed 
to re-close after the pressure relief.
    Transfer rack means the collection of loading arms and loading hoses 
at a single loading rack that is used to fill tank trucks and/or 
railcars with organic HAP. Transfer rack includes the associated pumps, 
meters, shutoff valves, relief valves, and other piping and valves. 
Transfer rack does not include racks, arms, or hoses that contain 
organic HAP only as impurities; or racks, arms, or hoses that vapor 
balance during all loading operations.
    Waste means any material resulting from industrial, commercial, 
mining, or agricultural operations, or from community activities, that 
is discarded or is being accumulated, stored, or physically, chemically, 
thermally, or biologically treated prior to being discarded, recycled, 
or discharged.
    Waste stream means the waste generated by a particular process unit, 
product tank, or waste management unit. The characteristics of the waste 
stream (e.g., flow rate, HAP concentration, water content) are 
determined at the point of waste generation. Examples of a waste stream 
include process wastewater, product tank drawdown, sludge and slop oil 
removed from waste management units, and landfill leachate.
    (3) Requirements. The owner or operator must control organic HAP 
emissions from each affected source emission point by meeting the 
applicable requirements specified in Table 7 to this section. An owner 
or operator must perform the applicability assessment procedures and 
methods for process vents specified in Sec.  63.1104, except for 
paragraphs (d), (g), (h) through (j), (l)(1), and (n). An owner or 
operator must perform the applicability assessment procedures and 
methods for equipment leaks specified in Sec.  63.1107. General 
compliance, recordkeeping, and reporting requirements are specified in 
Sec.  Sec.  63.1108 through 63.1112. Before July 6, 2023, minimization 
of emissions from startup, shutdown, and malfunctions must be addressed 
in the startup, shutdown, and malfunction plan required by Sec.  
63.1111; the plan must also establish reporting and recordkeeping of 
such events. A startup, shutdown, and malfunction plan is not required 
on and after July 6, 2023 and the requirements specified in Sec.  
63.1111 no longer apply; however, for historical compliance purposes, a 
copy of the plan must be retained and available on-site for five years 
after July 6, 2023. Except as specified in paragraph (e)(4)(i) of this 
section, procedures for approval of alternate means of emission 
limitations are specified in Sec.  63.1113.
    (4) Flares. Beginning no later than the compliance dates specified 
in Sec.  63.1102(c), if a steam-assisted, air-assisted, non-assisted, or 
pressure-assisted multi-point flare is used as a control device for an 
emission point subject to the requirements in Table 7 to this section, 
then the owner or operator must meet the applicable requirements for 
flares as specified in Sec. Sec.  63.670 and 63.671 of subpart CC, 
including the provisions in Tables 12 and 13 to subpart CC of this part, 
except as specified in paragraphs (e)(4)(i) through (xiv) of this 
section. This requirement also applies to any flare using fuel gas from 
a fuel gas system, of which 50 percent or more of the fuel gas is 
derived from an ethylene production unit, being used to control an 
emission point subject to the requirements in Table 7 of this section. 
For purposes of compliance with this paragraph, the following terms are 
defined in Sec.  63.641 of subpart CC: Assist air, assist steam, center 
steam, combustion zone, combustion zone gas, flare, flare purge gas, 
flare supplemental gas, flare sweep gas, flare vent gas, lower steam, 
net heating value, perimeter assist air, pilot gas, premix assist air, 
total steam, and upper steam.
    (i) The owner or operator may elect to comply with the alternative 
means of emissions limitation requirements specified in of Sec.  
63.670(r) of subpart CC in lieu of the requirements in Sec.  63.670(d) 
through (f) of subpart CC, as applicable. However, instead of complying 
with Sec.  63.670(r)(3) of subpart CC, the owner or operator must submit 
the alternative means of emissions limitation request following the 
requirements in Sec.  63.1113.

[[Page 681]]

    (ii) Instead of complying with Sec.  63.670(o)(2)(i) of subpart CC, 
the owner or operator must develop and implement the flare management 
plan no later than the compliance dates specified in Sec.  63.1102(c).
    (iii) Instead of complying with Sec.  63.670(o)(2)(iii) of subpart 
CC, if required to develop a flare management plan and submit it to the 
Administrator, then the owner or operator must also submit all versions 
of the plan in portable document format (PDF) to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI), which can be 
accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). If you claim some of the information in your flare 
management plan is confidential business information (CBI), submit a 
version with the CBI omitted via CEDRI. A complete plan, including 
information claimed to be CBI and clearly marked as CBI, must be mailed 
to the following address: U.S. Environmental Protection Agency, Office 
of Air Quality Planning and Standards, Sector Policies and Programs 
Division, U.S. EPA Mailroom (E143-01), Attention: Ethylene Production 
Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711.
    (iv) Section 63.670(o)(3)(ii) of subpart CC and all references to 
Sec.  63.670(o)(3)(ii) of subpart CC do not apply. Instead, the owner or 
operator must comply with the maximum flare tip velocity operating limit 
at all times.
    (v) Substitute ``ethylene production unit'' for each occurrence of 
``petroleum refinery.''
    (vi) Each occurrence of ``refinery'' does not apply.
    (vii) Except as specified in paragraph (e)(4)(vii)(G) of this 
section, if a pressure-assisted multi-point flare is used as a control 
device for an emission point subject to the requirements in Table 7 to 
this section, then the owner or operator must comply with the 
requirements specified in paragraphs (e)(4)(vii)(A) through (F) of this 
section.
    (A) The owner or operator is not required to comply with the flare 
tip velocity requirements in Sec.  63.670(d) and (k) of subpart CC;
    (B) The owner or operator must substitute ``800'' for each 
occurrence of ``270'' in Sec.  63.670(e) of subpart CC;
    (C) The owner or operator must determine the 15-minute block average 
NHVvg using only the direct calculation method specified in Sec.  
63.670(l)(5)(ii) of subpart CC;
    (D) Instead of complying with Sec.  63.670(b) and (g) of subpart CC, 
if a pressure-assisted multi-point flare uses cross-lighting on a stage 
of burners rather than having an individual pilot flame on each burner, 
the owner or operator must operate each stage of the pressure-assisted 
multi-point flare with a flame present at all times when regulated 
material is routed to that stage of burners. Each stage of burners that 
cross-lights in the pressure-assisted multi-point flare must have at 
least two pilots with at least one continuously lit and capable of 
igniting all regulated material that is routed to that stage of burners. 
Each 15-minute block during which there is at least one minute where no 
pilot flame is present on a stage of burners when regulated material is 
routed to that stage is a deviation of the standard. Deviations in 
different 15-minute blocks from the same event are considered separate 
deviations. The pilot flame(s) on each stage of burners that use cross-
lighting must be continuously monitored by a thermocouple or any other 
equivalent device used to detect the presence of a flame;
    (E) Unless the owner or operator of a pressure-assisted multi-point 
flare chooses to conduct a cross-light performance demonstration as 
specified in this paragraph, the owner or operator must ensure that if a 
stage of burners on the flare uses cross-lighting, that the distance 
between any two burners in series on that stage is no more than 6 feet 
when measured from the center of one burner to the next burner. A 
distance greater than 6 feet between any two burners in series may be 
used provided the owner or operator conducts a performance demonstration 
that confirms the pressure-assisted multi-point flare will cross-light a 
minimum of three burners and the spacing between the burners and 
location of the pilot flame must be representative of the projected 
installation. The compliance

[[Page 682]]

demonstration must be approved by the permitting authority and a copy of 
this approval must be maintained onsite. The compliance demonstration 
report must include: A protocol describing the test methodology used, 
associated test method QA/QC parameters, the waste gas composition and 
NHVcz of the gas tested, the velocity of the waste gas tested, the 
pressure-assisted multi-point flare burner tip pressure, the time, 
length, and duration of the test, records of whether a successful cross-
light was observed over all of the burners and the length of time it 
took for the burners to cross-light, records of maintaining a stable 
flame after a successful cross-light and the duration for which this was 
observed, records of any smoking events during the cross-light, waste 
gas temperature, meteorological conditions (e.g., ambient temperature, 
barometric pressure, wind speed and direction, and relative humidity), 
and whether there were any observed flare flameouts; and
    (F) The owner or operator of a pressure-assisted multi-point flare 
must install and operate pressure monitor(s) on the main flare header, 
as well as a valve position indicator monitoring system for each staging 
valve to ensure that the flare operates within the proper range of 
conditions as specified by the manufacturer. The pressure monitor must 
meet the requirements in Table 13 to subpart CC of this part.
    (G) If a pressure-assisted multi-point flare is operating under the 
requirements of an approved alternative means of emission limitations, 
the owner or operator shall either continue to comply with the terms of 
the alternative means of emission limitations or comply with the 
provisions in paragraphs (e)(4)(vii)(A) through (F) of this section.
    (viii) If an owner or operator chooses to determine compositional 
analysis for net heating value with a continuous process mass 
spectrometer, the owner or operator must comply with the requirements 
specified in paragraphs (e)(4)(viii)(A) through (G) of this section.
    (A) The owner or operator must meet the requirements in Sec.  
63.671(e)(2). The owner or operator may augment the minimum list of 
calibration gas components found in Sec.  63.671(e)(2) with compounds 
found during a pre-survey or known to be in the gas through process 
knowledge.
    (B) Calibration gas cylinders must be certified to an accuracy of 2 
percent and traceable to National Institute of Standards and Technology 
(NIST) standards.
    (C) For unknown gas components that have similar analytical mass 
fragments to calibration compounds, the owner or operator may report the 
unknowns as an increase in the overlapped calibration gas compound. For 
unknown compounds that produce mass fragments that do not overlap 
calibration compounds, the owner or operator may use the response factor 
for the nearest molecular weight hydrocarbon in the calibration mix to 
quantify the unknown component's NHVvg.
    (D) The owner or operator may use the response factor for n-pentane 
to quantify any unknown components detected with a higher molecular 
weight than n-pentane.
    (E) The owner or operator must perform an initial calibration to 
identify mass fragment overlap and response factors for the target 
compounds.
    (F) The owner or operator must meet applicable requirements in 
Performance Specification 9 of 40 CFR part 60, appendix B, for 
continuous monitoring system acceptance including, but not limited to, 
performing an initial multi-point calibration check at three 
concentrations following the procedure in Section 10.1 and performing 
the periodic calibration requirements listed for gas chromatographs in 
Table 13 to subpart CC of this part, for the process mass spectrometer. 
The owner or operator may use the alternative sampling line temperature 
allowed under Net Heating Value by Gas Chromatograph in Table 13 to 
subpart CC of this part.
    (G) The average instrument calibration error (CE) for each 
calibration compound at any calibration concentration must not differ by 
more than 10 percent from the certified cylinder gas value. The CE for 
each component in the calibration blend must be calculated using the 
following equation:

[[Page 683]]

[GRAPHIC] [TIFF OMITTED] TR06JY20.000


Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (ix) An owner or operator using a gas chromatograph or mass 
spectrometer for compositional analysis for net heating value may choose 
to use the CE of NHVmeasured versus the cylinder tag value 
NHV as the measure of agreement for daily calibration and quarterly 
audits in lieu of determining the compound-specific CE. The CE for NHV 
at any calibration level must not differ by more than 10 percent from 
the certified cylinder gas value. The CE for must be calculated using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY20.001


Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (x) Instead of complying with Sec.  63.670(p) of subpart CC, the 
owner or operator must keep the flare monitoring records specified in 
Sec.  63.1109(e).
    (xi) Instead of complying with Sec.  63.670(q) of subpart CC, the 
owner or operator must comply with the reporting requirements specified 
in Sec.  63.1110(d) and (e)(4).
    (xii) When determining compliance with the pilot flame requirements 
specified in Sec.  63.670(b) and (g), substitute ``pilot flame or flare 
flame'' for each occurrence of ``pilot flame.''
    (xiii) When determining compliance with the flare tip velocity and 
combustion zone operating limits specified in Sec.  63.670(d) and (e), 
the requirement effectively applies starting with the 15-minute block 
that includes a full 15 minutes of the flaring event. The owner or 
operator is required to demonstrate compliance with the velocity and 
NHVcz requirements starting with the block that contains the fifteenth 
minute of a flaring event. The owner or operator is not required to 
demonstrate compliance for the previous 15-minute block in which the 
event started and contained only a fraction of flow.
    (xiv) In lieu of meeting the requirements in Sec. Sec.  63.670 and 
63.671 of subpart CC, an owner or operator may submit a request to the 
Administrator for approval of an alternative test method in accordance 
with Sec.  63.7(f). The alternative test method must be able to 
demonstrate on an ongoing basis at least once every 15-minutes that the 
flare meets 96.5% combustion efficiency and provide a description of the 
alternative recordkeeping and reporting that would be associated with 
the alternative test method. The alternative test method request may 
also include a request to use the alternative test method in lieu of the 
pilot or flare flame monitoring requirements of 63.670(g).
    (5) Maintenance vents. Unless an extension is requested in 
accordance with the provisions in Sec.  63.6(i) of subpart A, beginning 
no later than the compliance dates specified in Sec.  63.1102(c), an 
owner or operator may designate an ethylene process vent as a 
maintenance vent if the vent is only used as a result of startup, 
shutdown, maintenance, or inspection of equipment where equipment is 
emptied, depressurized, degassed, or placed into service. The owner or 
operator must comply with the applicable requirements in paragraphs 
(e)(5)(i) through (iii) of this section for each maintenance vent.

[[Page 684]]

    (i) Prior to venting to the atmosphere, remove process liquids from 
the equipment as much as practical and depressurize the equipment to 
either: A flare meeting the requirements specified in paragraph (e)(4) 
of this section, or a non-flare control device meeting the requirements 
specified in Sec.  63.982(c)(2) of subpart SS, until one of the 
following conditions, as applicable, is met.
    (A) The vapor in the equipment served by the maintenance vent has a 
lower explosive limit (LEL) of less than 10 percent.
    (B) If there is no ability to measure the LEL of the vapor in the 
equipment based on the design of the equipment, the pressure in the 
equipment served by the maintenance vent is reduced to 5 pounds per 
square inch gauge (psig) or less. Upon opening the maintenance vent, 
active purging of the equipment cannot be used until the LEL of the 
vapors in the maintenance vent (or inside the equipment if the 
maintenance is a hatch or similar type of opening) is less than 10 
percent.
    (C) The equipment served by the maintenance vent contains less than 
50 pounds of total volatile organic compounds (VOC).
    (D) If, after applying best practices to isolate and purge equipment 
served by a maintenance vent, none of the applicable criterion in 
paragraphs (e)(5)(i)(A) through (C) of this section can be met prior to 
installing or removing a blind flange or similar equipment blind, then 
the pressure in the equipment served by the maintenance vent must be 
reduced to 2 psig or less before installing or removing the equipment 
blind. During installation or removal of the equipment blind, active 
purging of the equipment may be used provided the equipment pressure at 
the location where purge gas is introduced remains at 2 psig or less.
    (ii) Except for maintenance vents complying with the alternative in 
paragraph (e)(5)(i)(C) of this section, the owner or operator must 
determine the LEL or, if applicable, equipment pressure using process 
instrumentation or portable measurement devices and follow procedures 
for calibration and maintenance according to manufacturer's 
specifications.
    (iii) For maintenance vents complying with the alternative in 
paragraph (e)(5)(i)(C) of this section, the owner or operator must 
determine mass of VOC in the equipment served by the maintenance vent 
based on the equipment size and contents after considering any contents 
drained or purged from the equipment. Equipment size may be determined 
from equipment design specifications. Equipment contents may be 
determined using process knowledge.
    (6) Bypass lines. Beginning on the compliance dates specified in 
Sec.  63.1102(c), the use of a bypass line at any time on a closed vent 
system to divert emissions subject to the requirements in Table 7 to 
Sec.  63.1103(e) to the atmosphere or to a control device not meeting 
the requirements specified in Table 7 of this subpart is an emissions 
standards violation. If the owner or operator is subject to the bypass 
monitoring requirements of Sec.  63.983(a)(3) of subpart SS, then the 
owner or operator must continue to comply with the requirements in Sec.  
63.983(a)(3) of subpart SS and the recordkeeping and reporting 
requirements in Sec. Sec.  63.998(d)(1)(ii) and 63.999(c)(2) of subpart 
SS, in addition to paragraph (e)(9) of this section, the recordkeeping 
requirements specified in Sec.  63.1109(g), and the reporting 
requirements specified in Sec.  63.1110(e)(6). For purposes of 
compliance with this paragraph, the phrase ``Except for equipment needed 
for safety purposes such as pressure relief devices, low leg drains, 
high point bleeds, analyzer vents, and open-ended valves or lines'' in 
Sec.  63.983(a)(3) does not apply; instead, the exemptions specified in 
paragraph (e)(6)(i) and (ii) of this section apply.
    (i) Except for pressure relief devices subject to 40 CFR 
63.1107(h)(4), equipment such as low leg drains and equipment subject to 
the requirements specified in paragraph (f) of Table 7 to Sec.  
63.1103(e) are not subject to this paragraph (e)(6) of this section.
    (ii) Open-ended valves or lines that use a cap, blind flange, plug, 
or second valve and follow the requirements specified in Sec.  60.482-
6(a)(2), (b), and (c) or follow requirements codified in another 
regulation that are the same as

[[Page 685]]

Sec.  60.482-6(a)(2), (b), and (c) are not subject to this paragraph 
(e)(6) of this section.
    (7) Decoking operation standards for ethylene cracking furnaces. 
Beginning no later than the compliance dates specified in Sec.  
63.1102(c), the owner or operator must comply with paragraph (e)(7)(i) 
of this section and also use at least two of the control measures 
specified in paragraphs (e)(7)(ii) through (v) of this section to 
minimize coke combustion emissions from the decoking of the radiant 
tube(s) in each ethylene cracking furnace.
    (i) During normal operations, conduct daily inspections of the 
firebox burners and repair all burners that are impinging on the radiant 
tube(s) as soon as practical, but not later than 1 calendar day after 
the flame impingement is found. The owner or operator may delay burner 
repair beyond 1 calendar day using the procedures specified in 
paragraphs (e)(7)(i)(A) and (B) of this section provided the repair 
cannot be completed during normal operations, the burner cannot be 
shutdown without significantly impacting the furnace heat distribution 
and firing rate, and action is taken to reduce flame impingement as much 
as possible during continued operation. An inspection may include, but 
is not limited to: visual inspection of the radiant tube(s) for 
localized bright spots (this may be confirmed with a temperature gun), 
use of luminescent powders injected into the burner to illuminate the 
flame pattern, or identifying continued localized coke build-up that 
causes short runtimes between decoking cycles. A repair may include, but 
is not limited to: Taking the burner out of service, replacing the 
burner, adjusting the alignment of the burner, adjusting burner 
configuration, making burner air corrections, repairing a malfunction of 
the fuel liquid removal equipment, or adding insulation around the 
radiant tube(s).
    (A) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, repair must be completed 
following the next planned decoking operation (and before returning the 
ethylene cracking furnace back to normal operations) or during the next 
ethylene cracking furnace complete shutdown (when the ethylene cracking 
furnace firebox is taken completely off-line), whichever is earlier.
    (B) If a shutdown for repair would cause lower emissions than the 
potential emissions from delaying repair, then shutdown of the ethylene 
cracking furnace must immediately commence and the repair must be 
completed before returning the ethylene cracking furnace back to normal 
operations.
    (ii) During decoking operations, beginning before the expected end 
of the air-in decoke time, continuously monitor (or use a gas detection 
tube or equivalent sample technique every three hours to monitor) the 
CO2 concentration in the combined decoke effluent downstream 
of the last component being decoked for an indication that the coke 
combustion in the ethylene cracking furnace radiant tube(s) is complete. 
The owner or operator must immediately initiate procedures to stop the 
coke combustion once the CO2 concentration at the outlet 
consistently reaches a level that indicates combustion of coke is 
complete and site decoke completion assurance procedures have been 
concluded.
    (iii) During decoking operations, continuously monitor the 
temperature at the radiant tube(s) outlet when air is being introduced 
to ensure the coke combustion occurring inside the radiant tube(s) is 
not so aggressive (i.e., too hot) that it damages either the radiant 
tube(s) or ethylene cracking furnace isolation valve(s). The owner or 
operator must immediately initiate procedures to reduce the temperature 
at the radiant tube(s) outlet once the temperature reaches a level that 
indicates combustion of coke inside the radiant tube(s) is too 
aggressive.
    (iv) After decoking, but before returning the ethylene cracking 
furnace back to normal operations, verify that decoke air is no longer 
being added.
    (v) After decoking, but before returning the ethylene cracking 
furnace back to normal operations and/or during normal operations, 
inject materials into the steam or feed to reduce coke formation inside 
the radiant tube(s) during normal operation.

[[Page 686]]

    (8) Ethylene cracking furnace isolation valve inspections. Beginning 
no later than the compliance dates specified in Sec.  63.1102(c), the 
owner or operator must conduct ethylene cracking furnace isolation valve 
inspections as specified in paragraphs (e)(8)(i) and (ii) of this 
section.
    (i) Prior to decoking operation, inspect the applicable ethylene 
cracking furnace isolation valve(s) to confirm that the radiant tube(s) 
being decoked is completely isolated from the ethylene production 
process so that no emissions generated from decoking operations are sent 
to the ethylene production process. If poor isolation is identified, 
then the owner or operator must rectify the isolation issue prior to 
continuing decoking operations to prevent leaks into the ethylene 
production process.
    (ii) Prior to returning the ethylene cracking furnace to normal 
operations after a decoking operation, inspect the applicable ethylene 
cracking furnace isolation valve(s) to confirm that the radiant tube(s) 
that was decoked is completely isolated from the decoking pot or furnace 
firebox such that no emissions are sent from the radiant tube(s) to the 
decoking pot or furnace firebox once the ethylene cracking furnace 
returns to normal operation. If poor isolation is identified, then the 
owner or operator must rectify the isolation issue prior to continuing 
normal operations to prevent product from escaping to the atmosphere 
through the decoking pot or furnace firebox.
    (9) Startup, shutdown, and malfunction referenced provisions. 
Beginning no later than the compliance dates specified in Sec.  
63.1102(c), the referenced provisions specified in paragraphs (e)(9)(i) 
through (xx) of this section do not apply when demonstrating compliance 
with paragraph (e)(3) of this section.
    (i) The second sentence of Sec.  63.181(d)(5)(i) of subpart H.
    (ii) The second sentence of Sec.  63.983(a)(5) of subpart SS.
    (iii) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  63.984(a) 
of subpart SS.
    (iv) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  63.985(a) 
of subpart SS.
    (v) The phrase ``other than start-ups, shutdowns, or malfunctions'' 
in Sec.  63.994(c)(1)(ii)(D) of subpart SS.
    (vi) Section 63.996(c)(2)(ii) of subpart SS.
    (vii) The last sentence of Sec.  63.997(e)(1)(i) of subpart SS.
    (viii) Section 63.998(b)(2)(iii) of subpart SS.
    (ix) The phrase ``other than periods of startups, shutdowns, and 
malfunctions'' from Sec.  63.998(b)(5)(i)(A) of subpart SS.
    (x) The phrase ``other than a start-up, shutdown, or malfunction'' 
from Sec.  63.998(b)(5)(i)(B)(3) of subpart SS.
    (xi) The phrase ``other than periods of startups, shutdowns, and 
malfunctions'' from Sec.  63.998(b)(5)(i)(C) of subpart SS.
    (xii) The phrase ``other than a start-up, shutdown, or malfunction'' 
from Sec.  63.998(b)(5)(ii)(C) of subpart SS.
    (xiii) The phrase ``except as provided in paragraphs (b)(6)(i)(A) 
and (B) of this section'' from Sec.  63.998(b)(6)(i) of subpart SS.
    (xiv) The second sentence of Sec.  63.998(b)(6)(ii) of subpart SS.
    (xv) Section 63.998(c)(1)(ii)(D) through (G) of subpart SS.
    (xvi) Section 63.998(d)(3) of subpart SS.
    (xvii) The phrase ``may be included as part of the startup, 
shutdown, and malfunction plan, as required by the referencing subpart 
for the source, or'' from Sec.  63.1024(f)(4)(i) of subpart UU.
    (xviii) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A) of subpart UU.
    (xix) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1028(e)(1)(i)(A) of subpart UU.
    (xx) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1031(b)(1) of subpart UU.
    (10) Storage vessel degassing. Beginning no later than the 
compliance dates specified in Sec.  63.1102(c), for each storage vessel 
subject to paragraph (b) or (c) of Table 7 to Sec.  63.1103(e), the 
owner or operator must comply with paragraphs (e)(10)(i) through (iii) 
of this section during storage vessel shutdown operations (i.e., 
emptying and degassing of a storage vessel) until the

[[Page 687]]

vapor space concentration in the storage vessel is less than 10 percent 
of the LEL. The owner or operator must determine the LEL using process 
instrumentation or portable measurement devices and follow procedures 
for calibration and maintenance according to manufacturer's 
specifications.
    (i) Remove liquids from the storage vessel as much as practicable;
    (ii) Comply with one of the following:
    (A) Reduce emissions of total organic HAP by 98 weight-percent by 
venting emissions through a closed vent system to a flare and meet the 
requirements of Sec.  63.983 and paragraphs (e)(4) and (9) of this 
section.
    (B) Reduce emissions of total organic HAP by 98 weight-percent by 
venting emissions through a closed vent system to any combination of 
non-flare control devices and meet the requirements specified in Sec.  
63.982(c)(1) and paragraph (e)(9) of this section.
    (C) Reduce emissions of total organic HAP by 98 weight-percent by 
routing emissions to a fuel gas system or process and meet the 
requirements specified in Sec.  63.982(d) and paragraph (e)(9) of this 
section.
    (iii) Maintain records necessary to demonstrate compliance with the 
requirements in Sec.  63.1108(a)(4)(ii) including, if appropriate, 
records of existing standard site procedures used to empty and degas 
(deinventory) equipment for safety purposes.

   Table 7 to Sec.   63.1103(e)--What Are My Requirements If I Own or
     Operate an Ethylene Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel (as      (1) The maximum true  (i) Fill the vessel
 defined in Sec.   63.1101)    vapor pressure of     through a submerged
 that stores liquid            total organic HAP     pipe; or
 containing organic HAP.       is =3.4   (ii) Comply with the
                               kilopascals but       requirements for
                               <76.6 kilopascals;    storage vessels
                               and the capacity of   with capacities =95 cubic
                               thn-eq>=4 cubic       meters.
                               meters but <95
                               cubic meters.
(b) A storage vessel (as      (1) The maximum true  (i) Except as
 defined in Sec.   63.1101)    vapor pressure of     specified in
 that stores liquid            total organic HAP     paragraph
 containing organic HAP.       is =3.4    (b)(1)(iii) of this
                               kilopascals but       table, comply with
                               <76.6 kilopascals;    the requirements of
                               and the capacity of   subpart WW of this
                               the vessel is =95 cubic     (ii) Except as
                               meters.               specified in
                                                     paragraph
                                                     (b)(1)(iii) of this
                                                     table, reduce
                                                     emissions of total
                                                     organic HAP by 98
                                                     weight-percent by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices and
                                                     meet the
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(1).
                                                    (iii) Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.1102(c), comply
                                                     with paragraph
                                                     (b)(1)(iii)(A),
                                                     (B), (C), or (D) of
                                                     this table, and
                                                     (e)(10) of this
                                                     section.
                                                    (A) Comply with the
                                                     requirements of
                                                     subpart WW of this
                                                     part; or
                                                    (B) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a flare and meet
                                                     the requirements of
                                                     Sec.   63.983 and
                                                     paragraphs (e)(4)
                                                     and (9) of this
                                                     section; or
                                                    (C) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of non-flare
                                                     control devices and
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(c)(1) and
                                                     (e)(9) of this
                                                     section; or
                                                    (D) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by routing
                                                     emissions to a fuel
                                                     gas system\(a)\ or
                                                     process and meet
                                                     the requirements
                                                     specified in Sec.
                                                     63.982(d) and
                                                     (e)(9) of this
                                                     section.

[[Page 688]]

 
(c) A storage vessel (as      (1) The maximum true  (i) Except as
 defined in Sec.   63.1101)    vapor pressure of     specified in
 that stores liquid            total organic HAP     paragraph
 containing organic HAP.       is =76.6   (c)(1)(ii) of this
                               kilopascals.          table, reduce
                                                     emissions of total
                                                     organic HAP by 98
                                                     weight-percent by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices and
                                                     meet the
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(1).
                                                    (ii) Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.1102(c), comply
                                                     with paragraph
                                                     (c)(1)(ii)(A), (B),
                                                     or (C) of this
                                                     table, and (e)(10)
                                                     of this section.
                                                    (A) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a flare and meet
                                                     the requirements of
                                                     Sec.   63.983 and
                                                     paragraphs (e)(4)
                                                     and (9) of this
                                                     section; or
                                                    (B) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of non-flare
                                                     control devices and
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(c)(1) and
                                                     (e)(9) of this
                                                     section; or
                                                    (C) Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent by routing
                                                     emissions to a fuel
                                                     gas system\(a)\ or
                                                     process and meet
                                                     the requirements
                                                     specified in Sec.
                                                     63.982(d) and
                                                     (e)(9) of this
                                                     section.
(d) An ethylene process vent  (1) The process vent  (i) Except as
 (as defined in paragraph      is at an existing     specified in
 (e)(2) of this section).      source and the vent   paragraph
                               stream has a flow     (d)(1)(ii) of this
                               rate =0.011 scmm and    emissions of
                               a total organic HAP   organic HAP by 98
                               concentration =50 parts      reduce organic HAP
                               per million by        or TOC to a
                               volume on a dry       concentration of 20
                               basis; or the         parts per million
                               process vent is at    by volume on a dry
                               a new source and      basis corrected to
                               the vent stream has   3% oxygen;
                               a flow rate =0.008 scmm and    stringent, by
                               a total organic HAP   venting emissions
                               concentration =30 parts      vent system to any
                               per million by        combination of
                               volume on a dry       control devices and
                               basis.                meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(b) and
                                                     (c)(2).
                                                    (ii) Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.1102(c), comply
                                                     with the
                                                     maintenance vent
                                                     requirements
                                                     specified in
                                                     paragraph (e)(5) of
                                                     this section and
                                                     either paragraph
                                                     (d)(1)(ii)(A) or
                                                     (B) of this table.
                                                    (A) Reduce emissions
                                                     of organic HAP by
                                                     98 weight-percent;
                                                     or reduce organic
                                                     HAP or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume on a dry
                                                     basis corrected to
                                                     3-percent oxygen;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to a
                                                     flare and meet the
                                                     requirements of
                                                     Sec.   63.983 and
                                                     paragraphs (e)(4)
                                                     and (9) of this
                                                     section; or
                                                    (B) Reduce emissions
                                                     of organic HAP by
                                                     98 weight-percent;
                                                     or reduce organic
                                                     HAP or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume on a dry
                                                     basis corrected to
                                                     3-percent oxygen;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of non-
                                                     flare control
                                                     devices and meet
                                                     the requirements
                                                     specified in Sec.
                                                     63.982(c)(2) and
                                                     (e)(9) of this
                                                     section.

[[Page 689]]

 
(e) A transfer rack (as       (1) Materials loaded  (i) Reduce emissions
 defined in paragraph (e)(2)   have a true vapor     of organic HAP by
 of this section).             pressure of total     98 weight-percent;
                               organic HAP =3.4 kilopascals   HAP or TOC to a
                               and =76    concentration of 20
                               cubic meters per      parts per million
                               day (averaged over    by volume on a dry
                               any consecutive 30-   basis corrected to
                               day period) of HAP-   3-percent oxygen;
                               containing material   whichever is less
                               is loaded.            stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices as
                                                     specified in Sec.
                                                     63.1105 and meet
                                                     the requirements
                                                     specified in
                                                     paragraph (e)(9) of
                                                     this section.; or
                                                    (ii) Install process
                                                     piping designed to
                                                     collect the HAP-
                                                     containing vapors
                                                     displaced from tank
                                                     trucks or railcars
                                                     during loading and
                                                     to route it to a
                                                     process, a fuel gas
                                                     system, or a vapor
                                                     balance system, as
                                                     specified in Sec.
                                                     63.1105 and meet
                                                     the requirements
                                                     specified in
                                                     paragraph (e)(9) of
                                                     this section.\(a)\
(f) Equipment (as defined in  (1) The equipment     (i) Except as
 Sec.   63.1101) that          contains or           specified in
 contains or contacts          contacts =5 weight-         (f)(1)(ii) of this
                               percent organic       table, comply with
                               HAP; and the          the requirements of
                               equipment is not in   subpart UU of this
                               vacuum service.       part.
                                                    (ii) Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.1102(c), comply
                                                     with the
                                                     requirements of
                                                     paragraph (e)(9) of
                                                     this section and
                                                     subpart UU of this
                                                     part, except
                                                     instead of
                                                     complying with the
                                                     pressure relief
                                                     device requirements
                                                     of Sec.   63.1030
                                                     of subpart UU, meet
                                                     the requirements of
                                                     Sec.   63.1107(h),
                                                     and in lieu of the
                                                     flare requirement
                                                     of Sec.
                                                     63.1034(b)(2)(iii),
                                                     comply with the
                                                     requirements
                                                     specified in
                                                     paragraph (e)(4) of
                                                     this section.\(a)\
(g) Processes that generate   (1) The waste stream  Comply with the
 waste (as defined in          contains any of the   waste requirements
 paragraph (e)(2) of this      following HAP:        of subpart XX of
 section.                      Benzene, cumene,      this part. For
                               ethyl benzene,        ethylene production
                               hexane,               unit waste stream
                               naphthalene,          requirements, terms
                               styrene, toluene, o-  have the meanings
                               xylene, m-xylene, p-  specified in
                               xylene, or 1,3-       subpart XX.
                               butadiene.
(h) A heat exchange system    ....................  Comply with the heat
 (as defined in Sec.                                 exchange system
 63.1082(b)).                                        requirements of
                                                     subpart XX of this
                                                     part.
(i) A closed vent system      (1) The bypass line   Beginning no later
 that contains one or more     could divert a vent   than the compliance
 bypass lines.                 stream directly to    dates specified in
                               the atmosphere or     Sec.   63.1102(c),
                               to a control device   comply with the
                               not meeting the       requirements
                               requirements in       specified in
                               this table.           paragraphs (e)(6)
                                                     and (9) of this
                                                     section.
(j) A decoking operation      ....................  Beginning no later
 associated with an ethylene                         than the compliance
 cracking furnace.                                   dates specified in
                                                     Sec.   63.1102(c),
                                                     comply with the
                                                     requirements
                                                     specified in
                                                     paragraphs (e)(7)
                                                     and (8) of this
                                                     section.
------------------------------------------------------------------------
\(a)\ Beginning no later than the compliance dates specified in Sec.
  63.1102(c), any flare using fuel gas from a fuel gas system, of which
  50 percent or more of the fuel gas is derived from an ethylene
  production unit as determined on an annual average basis, must be in
  compliance with paragraph (e)(4) of this section.

    (f) Carbon black production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the carbon 
black production source category (as defined in paragraph (f)(2) of this 
section), the affected source shall comprise each carbon black 
production process unit located at a major source, as defined in section 
112(a) of the Act. The affected source for the carbon black production 
source category includes all waste management units, maintenance 
wastewater, and equipment components that contain or contact HAP that 
are associated with the carbon black production process unit.
    (ii) Compliance schedule. The compliance schedule for the carbon 
black production and acetylene decomposition carbon black production 
affected sources, as defined in paragraph (f)(1)(i) of this section, is 
specified in Sec.  63.1102.
    (2) Definitions. Carbon black production means the production of 
carbon black

[[Page 690]]

by either the furnace, thermal, acetylene decomposition, or lampblack 
processes.
    Carbon black production unit means the equipment assembled and 
connected by hard-piping or duct work to process raw materials to 
manufacture, store, and transport a carbon black product. For the 
purposes of this subpart, a carbon black production process unit 
includes reactors and associated operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A carbon black 
production process unit includes pumps, compressors, agitators, pressure 
relief devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, instrumentation systems, and control devices or 
systems.
    Dryer means a rotary-kiln dryer that is heated externally and is 
used to dry wet pellets in the wet pelletization process.
    Main unit filter means the filter that separates the carbon black 
from the tailgas.
    Process filter means the filter that separates the carbon black from 
the conveying air.
    Purge filter means the filter that separates the carbon black from 
the dryer exhaust.
    (3) Requirements. (i) Table 8 to this section specifies the carbon 
black production standards applicability for existing and new sources. 
Applicability assessment procedures and methods are specified in Sec.  
63.1104. An owner or operator of an affected source is not required to 
perform applicability tests or other applicability assessment procedures 
if they opt to comply with the most stringent requirements for an 
applicable emission point pursuant to this subpart. General compliance, 
recordkeeping, and reporting requirements are specified in Sec. Sec.  
63.1108 through 63.1112. Procedures for approval of alternative means of 
emission limitations are specified in Sec.  63.1113.
    (ii) Pressure relief devices used to protect against overpressure in 
the case of catastrophic failure of your process filter system are 
exempt from the closed vent system inspection requirements of Sec.  
63.983(b) and (c). Exempt pressure relief devices must be designated and 
identified in your Notification of Compliance Status report.

   Table 8 to Sec.   63.1103(f)--What Are My Requirements if I Own or
   Operate a Carbon Black Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A carbon black            (1) The HAP           (i) Reduce emissions
 production main unit filter   concentration of      of HAP by using a
 process vent.                 the emission stream   flare meeting the
                               is equal to or        requirements of
                               greater than 260      subpart SS of this
                               parts per million     part; or
                               by volume \a\.       (ii) Reduce
                                                     emissions of total
                                                     HAP by 98 weight-
                                                     percent or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(2).
------------------------------------------------------------------------
\a\ The weight-percent organic HAP is determined according to the
  procedures specified in Sec.   63.1104(e).

    (g) Cyanide chemicals manufacturing applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the cyanide 
chemicals manufacturing source category, the affected source shall 
include each cyanide chemicals manufacturing process unit located at a 
major source, as defined in section 112(a) of the Act. The affected 
source shall also include all waste management units, maintenance 
wastewater, and equipment (as defined in Sec.  63.1101) that contain or 
contact cyanide chemicals that are associated with the cyanide chemicals 
manufacturing process unit.
    (ii) Compliance schedule. The compliance schedule for the affected 
source, as defined in paragraph (f)(1)(i) of this section, is specified 
in Sec.  63.1102.

[[Page 691]]

    (2) Definitions. Andrussow process unit means a process unit that 
produces hydrogen cyanide by reacting methane and ammonia in the 
presence of oxygen over a platinum/rhodium catalyst. An Andrussow 
process unit begins at the point at which the raw materials are stored 
and ends at the point at which refined hydrogen cyanide is reacted as a 
raw material in a downstream process, burned on-site as fuel in a boiler 
or industrial furnace, or is shipped offsite. If raw hydrogen cyanide 
from the reactor is reacted with sodium hydroxide to form sodium cyanide 
prior to the refining process, the unit operation where sodium cyanide 
is formed is considered to be part of the Andrussow process unit.
    Blausaure Methane Anlage (BMA) process unit means a process unit 
that produces hydrogen cyanide by reacting methane and ammonia over a 
platinum catalyst. A BMA process unit begins at the point at which raw 
materials are stored and ends at the point at which refined hydrogen 
cyanide is reacted as a raw material in a downstream process, burned on-
site as a fuel in a boiler or industrial furnace, or is shipped offsite. 
If raw hydrogen cyanide from the reactor is reacted with sodium 
hydroxide to form sodium cyanide prior to the refining process, the unit 
operation where sodium cyanide is formed is considered to be part of the 
BMA process unit.
    Byproduct means a chemical that is produced coincidentally during 
the production of another chemical.
    Cyanide chemicals manufacturing process unit or CCMPU means the 
equipment assembled and connected by hard-piping or duct work to process 
raw materials to manufacture, store, and transport a cyanide chemicals 
product. A cyanide chemicals manufacturing process unit shall be limited 
to any one of the following: an Andrussow process unit, a BMA process 
unit, a sodium cyanide process unit, or a Sohio hydrogen cyanide process 
unit. For the purpose of this subpart, a cyanide chemicals manufacturing 
process unit includes reactors and associated unit operations; 
associated recovery devices; and any feed, intermediate and product 
storage vessels, product transfer racks, and connected ducts and piping. 
A cyanide chemicals manufacturing process unit includes pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, instrumentation 
systems, and control devices or systems.
    Cyanide chemicals product means either hydrogen cyanide, potassium 
cyanide, or sodium cyanide which is manufactured as the intended product 
of a CCMPU or a byproduct of the Sohio process. Other hydrogen cyanide, 
potassium cyanide, or sodium cyanide byproducts, impurities, wastes, and 
trace contaminants are not considered to be cyanide chemicals products.
    Dry-end process vent means a process vent originating from the drum 
filter or any other unit operation in the dry end of a sodium cyanide 
manufacturing process unit. For the purposes of this subpart, the dry 
end of the sodium cyanide process unit begins in the unit operation 
where water is removed from the sodium cyanide, usually in the drum 
filter, and ends when the sodium cyanide is used as a raw material in a 
downstream process, or is shipped offsite.
    Organic HAP means, for purposes of applicability of the requirements 
of this subpart, all hydrogen cyanide compounds.
    Raw hydrogen cyanide means hydrogen cyanide that has not been 
through the refining process. Raw hydrogen cyanide usually has a 
hydrogen cyanide concentration less than 10 percent.
    Refined hydrogen cyanide means hydrogen cyanide that has been 
through the refining process. Refined hydrogen cyanide usually has a 
hydrogen cyanide concentration greater than 99 percent.
    Refining process means the collection of equipment in a cyanide 
chemicals manufacturing processing unit used to concentrate raw hydrogen 
cyanide from a concentration around 10 percent or less to refined 
hydrogen cyanide at a concentration greater than 99 percent.
    Sodium cyanide process unit means a process unit that produces 
sodium cyanide by reacting hydrogen cyanide and sodium hydroxide via the 
neutralization, or wet, process. A sodium cyanide process unit begins at 
the unit operation where refined hydrogen cyanide

[[Page 692]]

is reacted with sodium hydroxide and ends at the point the solid sodium 
cyanide product is shipped offsite or used as a raw material in a 
downstream process. If raw hydrogen cyanide is reacted with sodium 
hydroxide to form sodium cyanide prior to the hydrogen cyanide refining 
process, the unit operation where sodium cyanide is formed is not 
considered to be part of the sodium cyanide process unit. For this type 
of process, the sodium cyanide process unit begins at the point that the 
aqueous sodium cyanide stream leaves the unit operation where the sodium 
cyanide is formed. In situations where potassium hydroxide is 
substituted for sodium hydroxide to produce potassium cyanide, the 
process unit is still considered a sodium cyanide process unit.
    Sohio hydrogen cyanide process unit means a process unit that 
produces hydrogen cyanide as a byproduct of the acrylonitrile production 
process when acrylonitrile is manufactured using the Sohio process. A 
Sohio hydrogen cyanide process unit begins at the point the hydrogen 
cyanide leaves the unit operation where the hydrogen cyanide is 
separated from the acrylonitrile (usually referred to as the heads 
column). The Sohio hydrogen cyanide process unit ends at the point 
refined hydrogen cyanide is reacted as a raw material in a downstream 
process, burned on-site as fuel in a boiler or industrial furnace, or is 
shipped offsite. If raw hydrogen cyanide is reacted with sodium 
hydroxide to form sodium cyanide prior to the refining process, the unit 
operation where sodium cyanide is formed is considered to be part of the 
Sohio hydrogen cyanide process unit.
    Wet-end process vent means a process vent originating from the 
reactor, crystallizer, or any other unit operation in the wet end of the 
sodium cyanide process unit. For the purposes of this subpart, the wet 
end of the sodium cyanide process unit begins at the point at which the 
raw materials are stored and ends just prior to the unit operation where 
water is removed from the sodium cyanide, usually in the drum filter. 
Wastewater streams containing discarded wastewater from the sodium 
cyanide production process are not considered to be part of the wet-end 
sodium cyanide process. Discarded wastewater that is no longer used in 
the production process is considered to be process and/or maintenance 
wastewater. Vents from process and maintenance wastewater operations are 
not wet-end process vents.
    (3) Requirements. Table 9 to this section specifies the cyanide 
chemicals manufacturing standards applicable to existing and new 
sources. Applicability assessment procedures and methods are specified 
in Sec.  63.1104. An owner or operator of an affected source is not 
required to perform applicability tests or other applicability 
assessment procedures if they opt to comply with the most stringent 
requirements for an applicable emission point pursuant to this subpart. 
General compliance, recordkeeping, and reporting requirements are 
specified in Sec. Sec.  63.1108 through 63.1112. Procedures for approval 
of alternative means of emission limitations are specified in Sec.  
63.1113.
    (4) Determination of overall HAP emission reduction for a process 
unit. (i) The owner or operator shall determine the overall HAP emission 
reduction for process vents in a process unit using Equation 1 of this 
section. The overall organic HAP emission reduction shall be determined 
for all process vents in the process unit.
[GRAPHIC] [TIFF OMITTED] TR12JY02.015


[[Page 693]]


Where:

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

    (ii) The control efficiency shall be assigned as specified in 
paragraph (g)(4)(ii) (A) or (B) of this section.
    (A) If the process vent is controlled using a flare in accordance 
with the provisions of Sec.  63.987, or a combustion device in 
accordance with the provisions of Sec.  63.988(b)(2), for which a 
performance test has not been conducted, the control efficiency shall be 
assumed to be 98 weight-percent. For hydrogen-fueled flares, an owner or 
operator may use a control efficiency greater than 98 weight-percent if 
they can provide engineering calculations and supporting information 
demonstrating a greater control efficiency.
    (B) If the process vent is controlled using a combustion, recovery, 
or recapture device for which a performance test has been conducted in 
accordance with the provisions of Sec.  63.997, the control efficiency 
shall be the efficiency determined by the performance test.
    (5) Source category specific modifications to testing procedures. 
(i) When identifying equipment subject to any equipment leak 
requirements, an owner or operator is allowed to designate specific 
components of such equipment as never being safe to monitor with their 
Notification of Compliance Status report and periodic compliance 
reports. In order for an owner or operator to designate such equipment 
as never being safe to monitor, they must certify that monitoring such 
equipment at any time the CCMPU is operating is never safe (e.g., 
monitoring this equipment would present an unreasonable hazard or 
preclude testing personnel from meeting emergency evacuation 
requirements). If it is demonstrated to the Administrator's satisfaction 
that equipment designated by the owner or operator as never safe to 
monitor is appropriately designated, an owner or operator will not be 
required to monitor such equipment.
    (ii) For process vent hydrogen cyanide emissions that are vented to 
a control device other than a flare during startup, shutdown, and 
malfunction, the design evaluation must include documentation that the 
control device being used achieves the required control efficiency 
during the reasonably expected maximum flow rate and emission rate 
during startup, shutdown, and malfunction.
    (iii) If a facility controls process vent emissions during startup, 
shutdown, and malfunction by using a flare, an owner or operator is not 
required to perform flow rate and heat content testing as specified in 
Sec.  63.987(b)(3)(ii) and (iii). In lieu of performing flow rate and 
heat content testing, an owner or operator is required to submit 
engineering calculations that substantiate that a flare meets the 
applicable heat content or flow rates, or provide data from a compliance 
assessment that the flare is in compliance under worst case conditions 
(e.g., maximum operating conditions).
    (iv) If flare velocity and net heating value testing, as specified 
in Sec.  63.11(b)(6)(ii) and (b)(7)(i), would create an unreasonable 
hazard for testing personnel, an owner or operator is allowed to submit 
engineering calculations that substantiate vent stream velocity and heat 
content of a flare in lieu of test data. These calculations are required 
to be submitted with the facilities' compliance test notification report 
for approval by the Administrator.
    (v) The data from any performance test method used to measure HCN 
concentrations must be validated using EPA Method 301 (40 CFR part 63, 
appendix A).

[[Page 694]]



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

[[Page 695]]

 
                                                    (ii) Reduce
                                                     emissions of sodium
                                                     cyanide from each
                                                     dry-end process
                                                     vent in the process
                                                     unit by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.   63.982(c)(2)
                                                     or (d).
(e) A transfer rack.........  (1) The transfer      (i) Reduce emissions
                               rack is used to       of hydrogen cyanide
                               load refined          by using a flare
                               hydrogen cyanide      meeting the
                               into tank trucks      requirements of
                               and/or rail cars.     Sec.   63.982(b);
                                                     or
                                                    (ii) Reduce
                                                     emissions of
                                                     hydrogen cyanide by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(c)(1),
                                                     (c)(2), or (d).
(f) A new cyanide chemicals   (1) The process       (i) Achieve a
 manufacturing process unit    wastewater is from    combined removal
 that generates process        HCN purification,     and control of HAP
 wastewater.                   ammonia               from wastewater of
                               purification, or      93 weight-percent.
                               flare blowdown.
(g) A cyanide chemicals       (1) The maintenance   (i) Comply with the
 manufacturing process unit    wastewater contains   requirements of
 that generates maintenance    hydrogen cyanide or   Sec.   63.1106(b).
 wastewater.                   acetonitrile.
(h) An item of equipment      (1) The item of       (i) Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1) that            criteria specified    Table 35 of subpart
 transports or contains        in Sec.               G of this part.
 wastewater liquid streams     63.1106(c)(1)
 from a cyanide chemicals      through (3) and
 manufacturing process unit.   either (c)(4)(i) or
                               (ii).
(i) Equipment, as defined     (1) The equipment     (i) Comply with
 under Sec.   63.1101.         contains or           either subpart TT
                               contacts hydrogen     or UU of this part,
                               cyanide and           and paragraph
                               operates equal to     (g)(5) of this
                               or greater then 300   section, with the
                               hours per year.       exception that open-
                                                     ended lines that
                                                     contain or contact
                                                     hydrogen cyanide
                                                     are exempt from any
                                                     requirements to
                                                     install a cap,
                                                     plug, blind flange,
                                                     or second valve to
                                                     be capped.
------------------------------------------------------------------------

    (h) Spandex production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the spandex 
production (as defined in paragraph (h)(2) of this section) source 
category, the affected source shall comprise all emission points listed 
in paragraphs (h)(1)(i)(A) through (C) of this section that are 
associated with a spandex production process unit located at a major 
source, as defined in section 112(a) of the Act.
    (A) All process vents (as defined in Sec.  63.1101).
    (B) All storage vessels (as defined in Sec.  63.1101) that store 
liquids containing organic HAP.
    (C) All spandex fiber spinning lines using a spinning solution 
having organic HAP.
    (ii) Exceptions. The emission points listed in paragraphs 
(h)(1)(ii)(A) and (B) of this section are in the spandex production 
source category but are not subject to the requirements of paragraph 
(h)(3) of this section.
    (A) Equipment that is located within a spandex production process 
unit that is subject to this subpart but does not contain organic HAP.
    (B) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (C) Emission points listed in paragraphs (h)(1)(i)(A) through (C) of 
this section that are associated with a dry spinning spandex production 
process unit.
    (iii) Compliance schedule. The compliance schedule for affected 
sources, as defined in paragraph (h)(1)(i) of this section, is specified 
in paragraph (b) of Sec.  63.1102.
    (2) Definitions. Dry spinning means a fiber-forming process where

[[Page 696]]

prepolymer is reacted with a chain-extender to generate polymer prior to 
spinning; the polymer is dissolved in a solvent and is extruded into a 
cell of hot gases for fiber formation.
    Fiber spinning line means the group of equipment and process vents 
associated with spandex fiber spinning operations. The fiber spinning 
line includes the blending and dissolving tanks, spinning solution 
filters, spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, draw, or dry on the wet belt the 
spun fiber.
    Reaction spinning means a fiber-forming process where prepolymer is 
extruded into a spin bath that contains a chain-extender; the chemical 
reaction to make polymer occurs simultaneously with extrusion/fiber 
formation.
    Spandex or spandex fiber means a manufactured synthetic fiber in 
which the fiber-forming substance is a long-chain polymer comprised of 
at least 85 percent by mass of a segmented polyurethane.
    Spandex production means the production of synthetic spandex fibers.
    Spandex production process unit means a process unit that is 
specifically used for the production of synthetic spandex fibers.
    (3) Requirements. Table 10 to this section specifies the spandex 
production source category requirements for new and existing sources. An 
owner or operator must perform the applicability assessment procedures 
and methods for process vents specified in Sec.  63.1104, excluding 
paragraphs (b)(1), (d), (g), (h), (i), (j), (l)(1), and (n). General 
compliance, recordkeeping, and reporting requirements are specified in 
Sec. Sec.  63.1108 through 63.1112. Minimization of emissions from 
startup, shutdown, and malfunctions must be addressed in the startup, 
shutdown, and malfunction plan required by Sec.  63.1111; the plan must 
also establish reporting and recordkeeping of such events. Procedures 
for approval of alternate means of emission limitations are specified in 
Sec.  63.1113.

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


[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 
1999; 64 FR 71852, Dec. 22, 1999; 66 FR 55847, Nov. 2, 2001; 67 FR 
39305, June 7, 2002; 67 FR 46281, July 12, 2002; 67 FR 46293, July 12, 
2002; 70 FR 19272, Apr. 13, 2005; 79 FR 60922, Oct. 8, 2014; 85 FR 
40425, July 6, 2020]

[[Page 697]]



Sec.  63.1104  Process vents from continuous unit operations: 
applicability assessment procedures and methods.

    (a) General. The provisions of this section provide calculation and 
measurement methods for criteria that are required by Sec.  63.1103 to 
be used to determine applicability of the control requirements for 
process vents from continuous unit operations. The owner or operator of 
a process vent is not required to determine the criteria specified for a 
process vent that is being controlled (including control by flare) in 
accordance with the applicable weight-percent, TOC concentration, or 
organic HAP concentration requirement in Sec.  63.1103.
    (b) Sampling sites. For purposes of determining process vent 
applicability criteria, the sampling site shall be located as specified 
in (b)(1) through (4) of this section, as applicable.
    (1) Sampling site location if TRE determination is required. If the 
applicability criteria specified in the applicable table of Sec.  
63.1103 includes a TRE index value, the sampling site for determining 
volumetric flow rate, regulated organic HAP concentration, total organic 
HAP or TOC concentration, heating value, and TRE index value, shall be 
after the final recovery device (if any recovery devices are present) 
but prior to the inlet of any control device that is present, and prior 
to release to the atmosphere.
    (2) Sampling site location if TRE determination is not required. If 
the applicability criteria specified in the applicable table of Sec.  
63.1103 does not include a TRE index value, the sampling site for 
determining volumetric flow rate, regulated organic HAP concentration, 
total organic HAP or TOC concentration, and any other specified 
parameter shall be at the exit from the unit operation before any 
control device.
    (3) Sampling site selection method. Method 1 or 1A of 40 CFR part 
60, appendix A, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.10 meter (0.33 foot) in nominal inside diameter.
    (4) Sampling site when a halogen reduction device is used prior to a 
combustion device. An owner or operator using a scrubber to reduce the 
process vent halogen atom mass emission rate to less than 0.45 kilograms 
per hour (0.99 pound per hour) prior to a combustion control device in 
compliance with Sec.  63.1103 (as appropriate) shall determine the 
halogen atom mass emission rate prior to the combustion device according 
to the procedures in paragraph (i) of this section.
    (c) Applicability assessment requirement. The TOC or organic HAP 
concentrations, process vent volumetric flow rates, process vent heating 
values, process vent TOC or organic HAP emission rates, halogenated 
process vent determinations, process vent TRE index values, and 
engineering assessments for process vent control applicability 
assessment requirements are to be determined during maximum 
representative operating conditions for the process, except as provided 
in paragraph (d) of this section, or unless the Administrator specifies 
or approves alternate operating conditions. For acrylic and modacrylic 
fiber production affected sources, polycarbonate production affected 
sources, and ethylene production affected sources, operations during 
periods of malfunction shall not constitute representative conditions 
for the purpose of an applicability test. For all other affected 
sources, operations during periods of startup, shutdown, and malfunction 
shall not constitute representative conditions for the purpose of an 
applicability test.
    (d) Exceptions. For a process vent stream that consists of at least 
one process vent from a batch unit operation manifolded with at least 
one process vent from a continuous unit operation, the TRE shall be 
calculated during periods when one or more batch emission episodes are 
occurring that result in the highest organic HAP emission rate (in the 
combined vent stream that is being routed to the recovery device) that 
is achievable during the 6-month period that begins 3 months before and 
ends 3 months after the TRE calculation, without causing any of the 
situations described in paragraphs (d)(1) through (3) to occur.
    (1) Causing damage to equipment;

[[Page 698]]

    (2) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make product in excess 
of demand.
    (e) TOC or Organic HAP concentration. The TOC or organic HAP 
concentrations shall be determined based on paragraph (e)(1), (e)(2), or 
(k) of this section, or any other method or data that have been 
validated according to the protocol in Method 301 of appendix A of 40 
CFR part 63. For concentrations needed for comparison with the 
appropriate control applicability concentrations specified in Sec.  
63.1103, TOC or organic HAP concentration shall be determined based on 
paragraph (e)(1), (e)(2), or (k) of this section or any other method or 
data that has been validated according to the protocol in method 301 of 
appendix A of this part. The owner or operator shall record the TOC or 
organic HAP concentration as specified in paragraph (l)(3) of this 
section.
    (1) Method 18. The procedures specified in paragraph (e)(1)(i) and 
(ii) of this section shall be used to calculate parts per million by 
volume concentration using method 18 of 40 CFR part 60, appendix A:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
regulated organic HAP emissions shall be calculated according to 
paragraph (e)(1)(ii)(A) or (B) of this section, as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.015

Where:

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

    (B) The regulated organic HAP or total organic HAP concentration 
(CHAP) shall be computed according to Equation 1 in paragraph 
(e)(1)(ii)(A) of this section except that only the regulated or total 
organic HAP species shall be summed, as appropriate.
    (2) Method 25A. The procedures specified in paragraphs (e)(2)(i) 
through (vi) of this section shall be used to calculate parts per 
million by volume concentration using Method 25A of 40 CFR part 60, 
appendix A.
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if a 
single organic HAP compound comprises greater than 50 percent of total 
organic HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either 
process knowledge, test data collected using an appropriate 
Environmental Protection Agency method or a method or data validated 
according to the protocol in Method 301 of appendix A of part 63. 
Examples of information that could constitute process knowledge include 
calculations based on material balances, process stoichiometry, or 
previous test results provided the results are still relevant to the 
current process vent conditions.
    (iii) The organic compound used as the calibration gas for Method 
25A of 40 CFR part 60, appendix A shall be the single organic HAP 
compound present at greater than 50 percent of the total organic HAP or 
TOC by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be equal to the appropriate control applicability concentration 
value specified in the applicable table(s) presented in Sec.  63.1103 of 
this subpart.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero

[[Page 699]]

calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below one-half the appropriate control 
applicability concentration specified in the applicable table for a 
subject source category in Sec.  63.1103 in order to qualify for a low 
organic HAP concentration exclusion.
    (f) Volumetric flow rate. The process vent volumetric flow rate 
(QS), in standard cubic meters per minute at 20 [deg]C, shall 
be determined as specified in paragraph (f)(1) or (2) of this section 
and shall be recorded as specified in Sec.  63.1109(d).
    (1) Use Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix 
A, as appropriate. If the process vent tested passes through a final 
steam jet ejector and is not condensed, the stream volumetric flow shall 
be corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (k) of this 
section can be used for determining volumetric flow rates.
    (g) Heating value. The net heating value shall be determined as 
specified in paragraphs (g)(1) and (2) of this section, or by using the 
engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the process vent shall be calculated 
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR29JN99.016

Where:

HT = Net heating value of the sample, megaJoule per standard 
          cubic meter, where the net enthalpy per mole of process vent 
          is based on combustion at 25 [deg]C and 760 millimeters of 
          mercury, but the standard temperature for determining the 
          volume corresponding to 1 mole is 20 [deg]C, as in the 
          definition of Qs (process vent volumetric flow 
          rate).
K1 = Constant, 1.740 x 10-7 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (megaJoule per kilocalorie), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Dj = Concentration on a wet basis of compound j in parts per 
          million, as measured by procedures indicated in paragraph 
          (e)(2) of this section. For process vents that pass through a 
          final steam jet and are not condensed, the moisture is assumed 
          to be 2.3 percent by volume.
    Hj = Net heat of combustion of compound j, kilocalorie 
per gram-mole, based on combustion at 25 [deg]C and 760 millimeters 
mercury.

    (2) The molar composition of the process vent (D j) shall 
be determined using the methods specified in paragraphs (g)(2)(i) 
through (iii) of this section:
    (i) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 to measure 
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the moisture 
content of the stack gas.
    (h) TOC or Organic HAP emission rate. The emission rate of TOC 
(minus methane and ethane) (ETOC) and the emission rate of 
the regulated organic HAP or total organic HAP (EHAP) in the 
process vent, as required by the TRE index value equation specified in 
paragraph (j) of this section, shall be calculated using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29JN99.017

Where:

E = Emission rate of TOC (minus methane and ethane) (ETOC) or 
          emission rate of the regulated organic HAP or total organic 
          HAP (EHAP) in the sample, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram) (minutes/hour), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
n = Number of components in the sample.
Cj = Concentration on a dry basis of organic compound j in 
          parts per million as measured by method 18 of 40 CFR part 60, 
          appendix A as indicated in paragraph (e) of this section. If 
          the TOC emission rate is being calculated, Cj 
          includes all organic compounds measured minus methane and 
          ethane; if the total organic HAP emission rate is being 
          calculated, only organic HAP compounds are included; if the 
          regulated organic HAP emission rate is being calculated, only 
          regulated organic HAP compounds are included.

[[Page 700]]

Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per 
          minute, at a temperature of 20 [deg]C.

    (i) Halogenated process vent determination. In order to determine 
whether a process vent is halogenated, the mass emission rate of halogen 
atoms contained in organic compounds shall be calculated according to 
the procedures specified in paragraphs (i)(1) and (2) of this section. A 
process vent is considered halogenated if the mass emission rate of 
halogen atoms contained in the organic compounds is equal to or greater 
than 0.45 kilograms per hour.
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the procedures specified in 
paragraphs (i)(1)(i) through (iv) of this section:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent, or
    (ii) Applicable engineering assessment as discussed in paragraph (k) 
of this section, or
    (iii) Concentration of organic compounds containing halogens or 
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A, or
    (iv) Any other method or data that have been validated according to 
the applicable procedures in method 301 of appendix A of this part.
    (2) Equation 4 shall be used to calculate the mass emission rate of 
halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR29JN99.018

Where:

E = Mass of halogen atoms, dry basis, kilogram per hour,
K2 = Constant, 2.494 x 10-6 (parts per 
          million)-1 (kilogram-mole per standard cubic meter) 
          (minute per hour), where standard temperature is 20 [deg]C.
Q = Flow rate of gas stream, dry standard cubic meters per minute, 
          determined according to paragraph (f)(1) or (f)(2) of this 
          section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas 
          stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas 
          stream.
Mji = Molecular weight of halogen atom i in compound j of the 
          gas stream, kilogram per kilogram-mole.

    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures in 
this paragraph, as applicable, and shall maintain records specified in 
paragraph (l)(1) or (m)(2) of this section, as applicable.
    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 5:

TRE = 1/EHAP*[A + B(QS) + C(HT) + 
D(ETOC)] [Eq. 5]

Where:

TRE = TRE index value.
A, B, C, D = Coefficients presented in table 1 of this section.
EHAP = Emission rate of total organic HAP, kilograms per 
          hour, as calculated according to paragraph (h) or (k) of this 
          section.
QS = process vent flow rate, standard cubic meters per 
          minute, at a standard temperature of 20 [deg]C, as calculated 
          according to paragraph (f) or (k) of this section.
HT = process vent net heating value, megaJoules per standard 
          cubic meter, as calculated according to paragraph (g) or (k) 
          of this section.
ETOC = Emission rate of TOC (minus methane and ethane), 
          kilograms per hour, as calculated according to paragraph (h) 
          or (k) of this section.

                                   Table 1 of Sec.   63.1104(j)(1)--Coefficients for Total Resource Effectiveness \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Values of coefficients
         Existing or new?            Halogenated vent       Control device   ---------------------------------------------------------------------------
                                          stream?               basis                 A                  B                  C                  D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.........................  Yes.................  Thermal Incinerator  3.995              5.200 x 10-2       -1.769 x 10-3      9.700 x 10 -4
                                                          and Scrubber.

[[Page 701]]

 
                                   No..................  Flare..............  1.935              3.660 x 10 -1      -7.687 x 10 -3     -7.333 x 10 -4
                                                         Thermal Incinerator  1.492              6.267 x 10 -2      3.177 x 10 -2      -1.159 x 10 -3
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  2.519              1.183 x 10 -2      1.300 x 10 -2      4.790 x 10 -2
                                                          70 Percent
                                                          Recovery.
New..............................  Yes.................  Thermal Incinerator  1.0895             1.417 x 10 -2      -4.822 x 10 -4     2.645 x 10 -4
                                                          and Scrubber.
                                   No..................  Flare..............  5.276 x 10 -1      9.98 x 10 -2       -2.096 x 10 -3     2.000 x 10 -4
                                                         Therman Incinerator  4.068 x 10 -1      1.71 x 10 -2       8.664 x 10 -3      -3.162 x 10 -4
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  6.868 x 10 -1      3.209 x 10 -3      3.546 x 10 -3      1.306 x 10 -2
                                                          70 Percent
                                                          Recovery.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter.
scm/min = Standard cubic meters per minute.

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value by using 
the equation and appropriate nonhalogenated process vent parameters in 
table 1 of this section for process vents at existing and new sources. 
The lowest TRE index value is to be selected.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream, as determined according to procedures 
specified in paragraph (i) or (k) of this section, shall calculate the 
TRE index value using the appropriate halogenated process vent 
parameters in table 1 of this section for existing and new sources.
    (k) Engineering assessment. For purposes of TRE index value 
determinations, engineering assessments may be used to determine process 
vent flow rate, net heating value, TOC emission rate, and total organic 
HAP emission rate for the representative operating condition expected to 
yield the lowest TRE index value. Engineering assessments shall meet the 
requirements of paragraphs (k)(1) through (4) of this section. If a 
process vent flow rate or process vent organic HAP or TOC concentration 
is being determined for comparison with the applicable flow rate or 
concentration value presented in the tables in Sec.  63.1103 to 
determine control requirement applicability, engineering assessment may 
be used to determine the flow rate or concentration for the 
representative operating conditions expected to yield the highest flow 
rate or concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (e) through (i) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (e) 
through (i) of this section for control applicability assessment or 
comply with the requirements (or standards) specified in the tables 
presented in Sec.  63.1103 (as applicable).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (k)(3)(i) through (iv) of this section:
    (i) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission 
rate,

[[Page 702]]

organic HAP or TOC concentration, or net heating value limit specified 
or implied within a permit limit applicable to the process vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to those specified in paragraphs (k)(3)(iv)(A) through 
(k)(3)(iv)(D) of this section:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations,
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions, and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain the 
records specified in paragraphs (l)(1) through (4) of this section, as 
applicable.
    (l) Applicability assessment recordkeeping requirements--(1) TRE 
index value records. The owner or operator shall maintain records of 
measurements, engineering assessments, and calculations performed to 
determine the TRE index value of the process vent according to the 
procedures of paragraph (j) of this section, including those records 
associated with halogen vent stream determination. Documentation of 
engineering assessments shall include all data, assumptions, and 
procedures used for the engineering assessments, as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec.  63.1110(a)(4) 
.
    (2) Flow rate records. The owner or operator shall record the flow 
rate as measured using the sampling site and flow rate determination 
procedures (if applicable) specified in paragraphs (b) and (f) of this 
section or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec.  
63.1110(a)(4).
    (3) Concentration records. The owner or operator shall record the 
regulated organic HAP or TOC concentration (if applicable) as measured 
using the sampling site and regulated organic HAP or TOC concentration 
determination procedures specified in paragraphs (e)(1) and (2) of this 
section, or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec.  
63.1110(a)(4).
    (4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the 
control applicability for a process vent. Records are to include any 
recalculation or measurement of the flow rate, regulated organic HAP or 
TOC concentration, and TRE index value.
    (m) Applicability assessment reporting requirements--(1) 
Notification of Compliance Status. The owner or operator shall submit, 
as part of the Notification of Compliance Status report required by 
Sec.  63.1110(a)(4), the information recorded in paragraph (l)(1) 
through (3) of this section.
    (2) Process change. (i) Whenever a process vent becomes subject to 
control requirements under this subpart as a result of a process change, 
the owner or operator shall submit a report within 60 days after the 
performance test or applicability assessment, whichever is sooner. The 
report may be submitted as part of the next Periodic Report required by 
Sec.  63.1110(a)(5). The report shall include the information specified 
in paragraphs (m)(2)(i)(A) through (C) of this section.
    (A) A description of the process change;
    (B) The results of the recalculation of the TOC or organic HAP 
concentration,

[[Page 703]]

flow rate, and/or TRE index value required under paragraphs (e), (f), 
and (j), and recorded under paragraph (l); and
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec.  63.1103 by the schedules specified in 
that section for the affected source.
    (ii) If a performance test is required as a result of a process 
change, the owner or operator shall specify that the performance test 
has become necessary due to a process change. This specification shall 
be made in the performance test notification to the Administrator, as 
specified in Sec.  63.999(a)(1).
    (iii) If a process change does not result in additional applicable 
requirements, then the owner or operator shall include a statement 
documenting this in the next Periodic Report required by Sec.  
63.1110(a)(5) after the process change was made.
    (n) Parameter monitoring of certain process vents. An owner or 
operator who maintains a TRE index value (if applicable) in the 
applicable TRE index value monitoring range as specified in an 
applicable table presented in Sec.  63.1103 of this subpart without 
using a recovery device shall report a description of the parameter(s) 
to be monitored to ensure the process vent is operated in conformance 
with its design or process and achieves and maintains the TRE index 
value above the specified level, and an explanation of the criteria used 
to select parameter(s). An owner or operator who maintains a TRE index 
value (if applicable) in the applicable TRE index monitoring range as 
specified in an applicable table presented in Sec.  63.1103 of this 
subpart by using a recovery device shall comply with the requirements of 
Sec.  63.993(c).

[64 FR 34921, June 29, 1999, as amended at 64 FR 63708, Nov. 22, 1999; 
67 FR 39307, June 7, 2002; 67 FR 42688, July 12, 2002; 79 FR 60926, Oct. 
8, 2014; 85 FR 40432, July 6, 2020]



Sec.  63.1105  Transfer racks.

    (a) Design requirements. Except as specified in paragraph (a)(5) of 
this section, the owner or operator shall equip each transfer rack with 
one of the control options listed in paragraphs (a)(1) through (5) of 
this section.
    (1) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a flare. The owner or operator must meet the 
requirements of Sec.  63.982(a)(3).
    (2) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a control device other than a flare. The owner or 
operator must meet the requirements of Sec.  63.982(a)(3).
    (3) Process piping designed to collect the HAP vapors displaced from 
tank trucks or railcars during loading and to route the collected vapors 
to a process where the HAP vapors shall predominantly meet one of, or a 
combination of, the ends specified in paragraphs (a)(3)(i) through (iv) 
of this section or to a fuel gas system. The owner or operator must meet 
the requirements of Sec.  63.982(a)(3).
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
HAP;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (4) Process piping designed to collect the HAP vapors displaced from 
tank trucks or railcars during loading and to route the collected vapors 
to a vapor balance system. The vapor balance system must be designed to 
route the collected HAP vapors to the storage vessel from which the 
liquid being loaded originated, or to another storage vessel connected 
to a common header, or to compress and route collected HAP vapors to a 
process.
    (5) Beginning no later than the compliance dates specified in Sec.  
63.1102(c), if emissions are vented through a closed vent system to a 
flare at an ethylene production affected source, then the owner or 
operator must comply with the requirements specified in Sec.  
63.1103(e)(4) instead of the requirements in Sec.  63.987 and the 
provisions regarding flare compliance assessments at Sec.  63.997(a) 
through (c).

[[Page 704]]

    (b) Operating requirements. An owner or operator of a transfer rack 
shall operate it in such a manner that emissions are routed through the 
equipment specified in paragraph (a) of this section.
    (c) Control device operation. Whenever HAP emissions are vented to a 
control device used to comply with the provisions of this subpart, such 
control device shall be operating.
    (d) Tank trucks and railcars. The owner or operator shall load HAP-
containing materials only into tank trucks and railcars that meet the 
requirement in paragraph (d)(1) or (2) of this section and shall 
maintain the records specified in paragraph (i) of this section.
    (1) Have a current certification in accordance with the U.S. 
Department of Transportation (DOT) pressure test requirements of 49 CFR 
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12 
months as determined by the procedures in paragraph (h) of this section. 
Vapor-tight means that the pressure in a truck or railcar tank will not 
drop more than 750 pascals within 5 minutes after it is pressurized to a 
minimum of 4,500 pascals.
    (e) Pressure relief device. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall ensure that no pressure 
relief device in the loading equipment of each tank truck or railcar 
shall begin to open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to the requirements 
of this paragraph.
    (f) Compatible system. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall load HAP-containing 
materials only to tank trucks or railcars equipped with a vapor 
collection system that is compatible with the transfer rack's closed 
vent system or process piping.
    (g) Loading while systems connected. The owner or operator of a 
transfer rack subject to this subpart shall load HAP-containing material 
only to tank trucks or railcars whose collection systems are connected 
to the transfer rack's closed vent system or process piping.
    (h) Vapor tightness procedures. For the purposes of demonstrating 
vapor tightness to determine compliance with paragraph (d)(2) of this 
section, the procedures and equipment specified in paragraphs (h)(1) and 
(2) shall be used.
    (1) The pressure test procedures specified in Method 27 of appendix 
A to 40 CFR part 60.
    (2) A pressure measurement device that has a precision of 2.5 millimeters of mercury or better and that is capable 
of measuring above the pressure at which the tank truck or railcar is to 
be tested for vapor tightness.
    (i) Recordkeeping. The owner or operator of a transfer rack shall 
record that the verification of DOT tank certification or Method 27 of 
appendix A to 40 CFR part 60 testing required in Sec.  63.84(c) has been 
performed. Various methods for the record of verification can be used, 
such as a check-off on a log sheet, a list of DOT serial numbers or 
Method 27 data, or a position description for gate security showing that 
the security guard will not allow any trucks on-site that do not have 
the appropriate documentation.

[67 FR 46288, July 12, 2002, as amended at 85 FR 40432, July 6, 2020]



Sec.  63.1106  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraphs (a)(1) 
through (a)(16) and paragraph (d) of this section, the owner or operator 
of each affected source shall comply with the HON process wastewater 
requirements in Sec. Sec.  63.132 through 63.148.
    (1) When terms used in Sec. Sec.  63.132 through 63.148 are defined 
in Sec.  63.1101, the definition in Sec.  63.1101 shall apply, for the 
purposes of this subpart. For terms used in Sec. Sec.  63.132 through 
63.148 that are not defined in Sec.  63.1101, the definitions in 
Sec. Sec.  63.101 and 63.111 shall apply.
    (2) When the term chemical manufacturing production process unit, or 
CMPU, is used in Sec. Sec.  63.132 through 63.148, the phrase ``a 
process unit whose primary product is a product produced by a source 
category subject to this subpart'' shall apply, for the purposes of this 
subpart.
    (3) Owners and operators of affected sources are not required to 
comply with Sec.  63.132(b)(1) and (d) and Sec.  63.138(c).

[[Page 705]]

Further, owners and operators are exempt from all requirements in 
Sec. Sec.  63.132 through 63.148 that pertain solely and exclusively to 
organic HAP listed in Table 8 of subpart G of this part.
    (4) When the determination of equivalence criteria in Sec.  
63.102(b) is referred to in Sec. Sec.  63.132, 63.133, and 63.137, the 
alternative nonopacity emission standard provisions in Sec.  63.6(g) 
shall apply, for the purposes of this subpart.
    (5) When the HON storage vessel requirements for internal floating 
roofs contained in Sec.  63.119(b) are referred to in Sec.  
63.133(a)(2)(ii), the requirements in Sec.  63.1063(a)(1)(i), (2), and 
(b) shall apply, for the purposes of this subpart.
    (6) When the HON storage vessel requirements for external floating 
roofs in Sec. Sec.  63.119(c) and 63.120(b)(5) and (6) are referred to 
in Sec.  63.133(a)(2)(iii) and (d), the requirements in Sec.  
63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of this 
subpart.
    (7) For the purposes of this subpart, Sec.  63.1063(c)(2)(iv) shall 
apply instead of Sec.  63.133(e).
    (8) When Sec. Sec.  63.143(c), (d), (e)(3) and 63.146(a) require the 
submission of a request for approval to monitor alternative parameters 
according to the procedures specified in Sec.  63.151(f) or (g), the 
owner or operator requesting to monitor alternative parameters shall 
follow the procedures specified in Sec.  63.1108(c) or as specified in a 
referenced subpart.
    (9) When Sec.  63.147(d) requires the owner or operator to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec.  63.152(f), the 
owner or operator shall keep records of each continuously monitored 
parameter for each operating day as specified in Sec.  63.998(b).
    (10) When Sec.  63.132(a) and (b) refer to the ``applicable dates 
specified in Sec.  63.100 of subpart F of this part,'' the applicable 
compliance dates specified in Sec.  63.1102 shall apply, for purposes of 
this subpart.
    (11) Where Sec.  63.152(b) and/or the Notification of Compliance 
Status is referred to in Sec. Sec.  63.132 through 63.148, the 
Notification of Compliance Status requirements contained in Sec.  
63.1110(a)(4) shall apply, for purposes of this subpart.
    (12) Where Sec.  63.152(c) and/or the Periodic Report requirements 
are referred to Sec. Sec.  63.132 through 63.148, the Periodic Report 
requirements contained in Sec.  63.1110(a)(5) shall apply, for purposes 
of this subpart.
    (13) When Method 18 of Appendix A to part 60 of this chapter is 
specified in Sec.  63.139(c)(1)(ii), Sec.  63.145(d)(4), or Sec.  
63.145(i)(2), either Method 18 or Method 25A may be used. The use of 
Method 25A of appendix A to part 60 of this chapter shall comply with 
paragraphs (a)(13)(i) and (a)(13)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A of 
appendix A of part 60 of this chapter shall be the single organic HAP 
representing the largest percent by volume of the emissions.
    (ii) The use of Method 25A of appendix A of part 60 of this chapter 
is acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (14) When the HON recordkeeping requirements for by-pass lines in 
Sec.  63.118(a)(3) is referred to in Sec.  63.148(f), the requirements 
in Sec.  63.998(d)(1)(ii)(A) shall apply, for the purposes of this 
subpart.
    (15) When the Initial Notification requirements in Sec.  63.182(b) 
are referred to in Sec.  63.148(j), the requirements in Sec.  63.1110(c) 
shall apply, for the purposes of this subpart.
    (16) For the purposes of this subpart, Sec.  63.148(k) shall not 
apply.
    (b) Maintenance wastewater. The owner or operator of each affected 
source shall comply with the HON maintenance wastewater requirements in 
Sec.  63.105. When terms used in Sec.  63.105 are defined in Sec.  
63.1101, the definition in Sec.  63.1101 shall apply, for the purpose of 
this subpart. For terms used in Sec.  63.105 that are not defined in 
Sec.  63.1101, the definitions in Sec. Sec.  63.101 and 63.111 shall 
apply.
    (c) Liquid streams in open systems. The owner or operator shall 
comply with the provisions of Table 35 of subpart G of this part for 
each item of equipment meeting the criteria specified in paragraphs 
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or 
(ii) of

[[Page 706]]

this section, with the exceptions provided in paragraphs (c)(5) and (6) 
of this section.
    (1) The item of equipment is one of the types of equipment 
identified in paragraphs (c)(1)(i) through (vii) of this section.
    (i) Drain or drain hub;
    (ii) Manhole (including sumps and other points of access to a 
conveyance system);
    (iii) Lift station;
    (iv) Trench;
    (v) Pipe;
    (vi) Oil/water separator; and
    (vii) Tanks with capacities of 38 m\3\ or greater.
    (2) The item of equipment is part of an affected source that is 
subject to this subpart.
    (3) The item of equipment is controlled less stringently than in 
Table 35 of subpart G of this part, and the item of equipment is not 
otherwise exempt from the provisions of this subpart, or a referenced 
subpart.
    (4) The item of equipment:
    (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or 
oil/water separator that conveys water with a total annual average 
concentration greater than or equal to 10,000 parts per million by 
weight of Table 9 compounds (as defined under this subpart) at any flow 
rate; or a total annual average concentration greater than or equal to 
1,000 parts per million by weight of Table 9 compounds (as defined under 
this subpart) at an annual average flow rate greater than or equal to 10 
liters per minute.
    (ii) Is a tank that receives one or more streams that contain water 
with a total annual average concentration greater than or equal to 1,000 
parts per million by weight of Table 9 compounds (as defined under this 
subpart) at an annual average flow rate greater than or equal to 10 
liters per minute. The owner or operator shall determine the 
characteristics of the stream as specified in paragraphs (c)(4)(ii)(A) 
and (B) of this section.
    (A) The characteristics of the stream being received shall be 
determined at the inlet to the tank.
    (B) The characteristics shall be determined according to the 
procedures in Sec.  63.144(b) and (c).
    (5) When terms used in Table 35 of subpart G of this part are 
defined in Sec.  63.1101, the definition in Sec.  63.1101 shall apply, 
for the purpose of this subpart. For terms used in Table 35 of subpart G 
of this part that are not defined in Sec.  63.1101, the definitions in 
Sec.  63.101 and Sec.  63.111 shall apply.
    (6) When Table 35 of subpart G of this part refers to 40 CFR 
63.119(e)(1) or (e)(2) in the requirements for tanks, the owner or 
operator shall reduce emissions of total organic HAP by 95 weight-
percent by venting emissions through a closed vent system to any 
combination of control devices meeting the requirements in Sec.  
63.982(a)(1), for the purposes of this subpart.
    (d) The compliance date for the affected sources subject to the 
provisions of this section is specified in Sec.  63.1102.

[64 FR 63701, Nov. 22, 1999, as amended at 79 FR 60926, Oct. 8, 2014]



Sec.  63.1107  Equipment leaks.

    (a) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic HAP service is 
presumed to be in organic HAP service unless an owner or operator 
demonstrates that the piece of equipment is not in organic HAP service. 
For a piece of equipment to be considered not in organic HAP service, it 
must be determined that the percent organic HAP content can be 
reasonably expected not to exceed the percent by weight control 
applicability criteria specified in Sec.  63.1103 for an affected source 
on an annual average basis. For purposes of determining the percent 
organic HAP content of the process fluid that is contained in or 
contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be 
used. For purposes of determining the percent organic HAP content of the 
process fluid that is contained in or contacts equipment for the 
ethylene production affected sources, the following methods shall be 
used for equipment: For equipment in gas and vapor service, as that term 
is defined in Subpart UU of this part, shall use Method 18 of 40 CFR 
part 60, appendix A; for equipment in liquid service, as that term is 
defined in Subpart UU of this part, shall use a combination of Method 18 
of 40 CFR part 60, appendix

[[Page 707]]

A, SW-846-8260B (incorporated by reference, see Sec.  63.14); and SW-
846-8270D (incorporated by reference, see Sec.  63.14), as appropriate.
    (b) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (a) of this section to determine that 
the percent organic HAP content does not exceed the percent by weight 
control applicability criteria specified in Sec.  63.1103 for an 
affected source. When an owner or operator and the Administrator do not 
agree on whether a piece of equipment is not in organic HAP service, 
however, the procedures in paragraph (a) of this section shall be used 
to resolve the disagreement.
    (c) If an owner or operator determines that a piece of equipment is 
in organic HAP service, the determination can be revised after following 
the procedures in paragraph (a) of this section, or by documenting that 
a change in the process or raw materials no longer causes the equipment 
to be in organic HAP service.
    (d) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.
    (e) Requirements for pressure relief devices. For acrylic and 
modacrylic fiber production affected sources and polycarbonate 
production affected sources, except as specified in paragraph (e)(4) of 
this section, the owner or operator must comply with the requirements 
specified in paragraphs (e)(1) and (2) of this section for pressure 
relief devices in organic HAP gas or vapor service. Except as specified 
in paragraph (e)(4) of this section, the owner or operator of an acrylic 
and modacrylic fiber production affected source or polycarbonate 
production affected source must also comply with the requirements 
specified in paragraph (e)(3) of this section for all pressure relief 
devices in organic HAP service.
    (1) 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 
described in Method 21 of 40 CFR part 60, Appendix A.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, the owner or operator must comply with 
either paragraph (e)(2)(i) or (ii) of this section following a pressure 
release, as applicable.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as described in Method 21 
of 40 CFR part 60, Appendix A, no later than 5 calendar days after the 
pressure relief device returns to organic HAP service following a 
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 or Sec.  63.1024(d), as applicable.
    (ii) 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 or Sec.  63.1024(d), as applicable.
    (3) Pressure release management. Except as specified in paragraph 
(e)(4) of this section, emissions of organic HAP 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 (e)(3)(i) and (ii) of this section for all pressure relief 
devices in organic HAP service.
    (i) The owner or operator must equip each pressure relief device in 
organic HAP service with a device(s) or parameter monitoring system that 
is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) 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

[[Page 708]]

not limited to, a rupture disk indicator, magnetic sensor, motion 
detector on the pressure relief valve stem, flow monitor, or pressure 
monitor.
    (ii) 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 
(g) 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.
    (4) Pressure relief devices routed to a control device, process, 
fuel gas system, or drain system. If a pressure relief device in organic 
HAP service is designed and operated to route all HAP emissions from 
pressure releases through a closed vent system to a control device or to 
a process, fuel gas system, or drain system, the owner or operator is 
not required to comply with paragraphs (e)(1), (2), or (3) (if 
applicable) of this section for that pressure relief device. The fuel 
gas system or closed vent system and control device (if applicable) must 
meet the requirements of Sec.  63.172 or Sec.  63.1034, as applicable 
(except that the term ``pressure relief devices'' shall apply instead of 
the term ``equipment leaks'' in Sec.  63.1034). The drain system (if 
applicable) must meet the requirements of Sec.  63.136.
    (f) Recordkeeping requirements. For acrylic and modacrylic fiber 
production affected sources and polycarbonate production affected 
sources, for pressure relief devices in organic HAP service, keep 
records of the information specified in paragraphs (f)(1) through (5) of 
this section, as applicable.
    (1) A list of identification numbers for pressure relief devices 
that vent to a fuel gas system, process, drain system, or closed-vent 
system and control device, under the provisions in paragraph (e)(4) of 
this section.
    (2) A list of identification numbers for pressure relief devices 
subject to the provisions in paragraph (e)(1) of this section.
    (3) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions in paragraph 
(e)(2)(ii) of this section.
    (4) The dates and results of the monitoring following a pressure 
release for each pressure relief device subject to the provisions in 
paragraphs (e)(1) and (2) 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.
    (5) For pressure relief devices in organic HAP service subject to 
paragraph (e)(3) 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) An estimate of 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.
    (g) Periodic reports. For owners or operators of an acrylic and 
modacrylic fiber production affected source or polycarbonate production 
affected source subject to paragraph (e) of this section, Periodic 
Reports must include the information specified in paragraphs (g)(1) 
through (3) of this section for pressure relief devices in organic HAP 
service.
    (1) For pressure relief devices in organic HAP service subject to 
paragraph (e) of this section, report confirmation that all monitoring 
to show compliance was conducted within the reporting period.
    (2) For pressure relief devices in organic HAP gas or vapor service 
subject to paragraph (e)(2) of this section, report any instrument 
reading of 500 ppm above background or greater, more than 5 days after 
the relief device returns to organic HAP gas or vapor service after a 
pressure release.
    (3) For pressure relief devices in organic HAP service subject to 
paragraph

[[Page 709]]

(e)(3) of this section, report 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) An estimate of the quantity of total HAP emitted during the 
pressure release and the method 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) Ethylene production pressure release requirements. Beginning no 
later than the compliance dates specified in Sec.  63.1102(c), except as 
specified in paragraph (h)(4) of this section, owners or operators of 
ethylene production affected sources must comply with the requirements 
specified in paragraphs (h)(1) and (2) of this section for pressure 
relief devices, such as relief valves or rupture disks, in organic HAP 
gas or vapor service instead of the pressure relief device requirements 
of Sec.  63.1030 of subpart UU or Sec.  63.165 of subpart H. Beginning 
no later than the compliance dates specified in Sec.  63.1102(c), except 
as specified in paragraphs (h)(4) and (5) of this section, the owner or 
operator must also comply with the requirements specified in paragraphs 
(h)(3) and (6) through (8) of this section for all pressure relief 
devices.
    (1) Operating requirements. Except during a pressure release, 
operate each pressure relief device in organic HAP gas or vapor service 
with an instrument reading of less than 500 ppm above background as 
measured by the method in Sec.  63.1023(b) of subpart UU or Sec.  
63.180(b) and (c) of subpart H.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, the owner or operator must comply with 
the applicable requirements in paragraphs (h)(2)(i) through (iii) of 
this section following a pressure release.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as specified in Sec.  
63.1023(b) of subpart UU or Sec.  63.180(b) and (c) of subpart H, no 
later than 5 calendar days after the pressure relief device returns to 
organic HAP gas or vapor service following a pressure release to verify 
that the pressure relief device is operating with an instrument reading 
of less than 500 ppm.
    (ii) If the pressure relief device includes a rupture disk, either 
comply with the requirements in paragraph (h)(2)(i) of this section (and 
do not replace the rupture disk) or install a replacement disk as soon 
as practicable after a pressure release, but no later than 5 calendar 
days after the pressure release.
    (iii) If the pressure relief device consists only of 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. 
The owner or operator must not initiate startup of the equipment served 
by the rupture disk until the rupture disc is replaced.
    (3) Pressure release management. Except as specified in paragraphs 
(h)(4) and (5) of this section, the owner or operator must comply with 
the requirements specified in paragraphs (h)(3)(i) through (v) of this 
section for all pressure relief devices in organic HAP service.
    (i) The owner or operator must equip each affected pressure relief 
device with a device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is 
occurring. The device or monitoring system must be either specific to 
the pressure relief device itself or must 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.
    (ii) The owner or operator must apply at least three redundant 
prevention measures to each affected pressure relief device and document 
these measures. Examples of prevention measures include:
    (A) Flow, temperature, liquid level and pressure indicators with 
deadman

[[Page 710]]

switches, monitors, or automatic actuators. Independent, non-duplicative 
systems within this category count as separate redundant prevention 
measures.
    (B) Documented routine inspection and maintenance programs and/or 
operator training (maintenance programs and operator training may count 
as only one redundant prevention measure).
    (C) Inherently safer designs or safety instrumentation systems.
    (D) Deluge systems.
    (E) Staged relief system where the initial pressure relief device 
(with lower set release pressure) discharges to a flare or other closed 
vent system and control device.
    (iii) If any affected pressure relief device releases to atmosphere 
as a result of a pressure release event, the owner or operator must 
perform root cause analysis and corrective action analysis according to 
the requirement in paragraph (h)(6) of this section and implement 
corrective actions according to the requirements in paragraph (h)(7) of 
this section. The owner or operator must also calculate the quantity of 
organic HAP released during each pressure release event and report this 
quantity as required in Sec.  63.1110(e)(8)(iii). 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) The owner or operator must determine the total number of 
release events that occurred during the calendar year for each affected 
pressure relief device separately. The owner or operator must also 
determine the total number of release events for each pressure relief 
device for which the root cause analysis concluded that the root cause 
was a force majeure event, as defined in Sec.  63.1103(e)(2).
    (v) Except for pressure relief devices described in paragraphs 
(h)(4) and (5) of this section, the following release events from an 
affected pressure relief device are a violation of the pressure release 
management work practice standards.
    (A) Any release event for which the root cause of the event was 
determined to be operator error or poor maintenance.
    (B) A second release event not including force majeure events from a 
single pressure relief device in a 3-calendar year period for the same 
root cause for the same equipment.
    (C) A third release event not including force majeure events from a 
single pressure relief device in a 3-calendar year period for any 
reason.
    (4) Pressure relief devices routed to a control device, process, 
fuel gas system, or drain system. (i) If all releases and potential 
leaks from a pressure relief device are routed through a closed vent 
system to a control device, back into the process, a fuel gas system, or 
drain system, then the owner or operator is not required to comply with 
paragraph (h)(1), (2), or (3) of this section.
    (ii) Before the compliance dates specified in Sec.  63.1102(c), both 
the closed vent system and control device (if applicable) referenced in 
paragraph (h)(4)(i) of this section must meet the applicable 
requirements specified in Sec.  63.982(b) and (c)(2). Beginning no later 
than the compliance dates specified in Sec.  63.1102(c), both the closed 
vent system and control device (if applicable) referenced in paragraph 
(h)(4)(i) of this section must meet the applicable requirements 
specified in Sec. Sec.  63.982(c)(2), 63.983, and 63.1103(e)(4). For 
purposes of compliance with this paragraph, the phrase ``Except for 
equipment needed for safety purposes such as pressure relief devices'' 
in Sec.  63.983(a)(3) does not apply.
    (iii) The drain system (if applicable) referenced in paragraph 
(h)(4)(i) of this section must meet the applicable requirements 
specified in Sec.  61.346 or Sec.  63.136.
    (5) Pressure relief devices exempted from pressure release 
management requirements. The following types of pressure relief devices 
are not subject to the pressure release management requirements in 
paragraph (h)(3) of this section.
    (i) Pressure relief devices in heavy liquid service, as defined in 
Sec.  63.1020 of subpart UU.
    (ii) Thermal expansion relief valves.
    (iii) Pressure relief devices on mobile equipment.
    (iv) Pilot-operated pressure relief devices where the primary 
release valve

[[Page 711]]

is routed through a closed vent system to a control device or back into 
the process, a fuel gas system, or drain system.
    (v) Balanced bellows pressure relief devices where the primary 
release valve is routed through a closed vent system to a control device 
or back into the process, a fuel gas system, or drain system.
    (6) Root cause analysis and corrective action analysis. A root cause 
analysis and corrective action analysis must be completed as soon as 
possible, but no later than 45 days after a release event. Special 
circumstances affecting the number of root cause analyses and/or 
corrective action analyses are provided in paragraphs (h)(6)(i) through 
(iv) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices that are installed on the same equipment to 
release.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices to release, regardless of the equipment served, 
if the root cause is reasonably expected to be a force majeure event, as 
defined in Sec.  63.1103(e)(2).
    (iii) Except as provided in paragraphs (h)(6)(i) and (ii) of this 
section, if more than one pressure relief device has a release during 
the same time period, an initial root cause analysis must be conducted 
separately for each pressure relief device that had a release. If the 
initial root cause analysis indicates that the release events have the 
same root cause(s), the initial separate root cause analyses may be 
recorded as a single root cause analysis and a single corrective action 
analysis may be conducted.
    (7) Corrective action implementation. Each owner or operator 
required to conduct a root cause analysis and corrective action analysis 
as specified in paragraphs (h)(3)(iii) and (6) of this section, must 
implement the corrective action(s) identified in the corrective action 
analysis in accordance with the applicable requirements in paragraphs 
(h)(7)(i) through (iii) of this section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If an owner or operator 
concludes that no corrective action should be implemented, the owner or 
operator must record and explain the basis for that conclusion no later 
than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, the owner or operator must develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, the owner or 
operator must record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (8) Flowing pilot-operated pressure relief devices. For ethylene 
production affected sources that commenced construction or 
reconstruction on or before October 9, 2019, owners or operators are 
prohibited from installing a flowing pilot-operated pressure relief 
device or replacing any pressure relief device with a flowing pilot-
operated pressure relief device after July 6, 2023. For ethylene 
production affected sources that commenced construction or 
reconstruction after October 9, 2019, owners or operators are prohibited 
from installing and operating flowing pilot-operated pressure relief 
devices. For purpose of compliance with this paragraph, a flowing pilot-
operated pressure relief device means the type of pilot-operated 
pressure relief device where the pilot discharge vent continuously 
releases emissions to the atmosphere when the pressure relief device is 
actuated.

[64 FR 34921, June 29, 1999, as amended at 79 FR 60926, Oct. 8, 2014; 85 
FR 40432, July 6, 2020]

[[Page 712]]



Sec.  63.1108  Compliance with standards and operation 
and maintenance requirements.

    (a) Requirements. The requirements of paragraphs (a)(1), (2), and 
(5) of this section apply to all affected sources except acrylic and 
modacrylic fiber production affected sources, polycarbonate production 
affected sources, and beginning no later than the compliance dates 
specified in Sec.  63.1102(c), ethylene production affected sources. The 
requirements of paragraph (a)(4) of this section apply only to acrylic 
and modacrylic fiber production affected sources, polycarbonate 
production affected sources and beginning no later than the compliance 
dates specified in Sec.  63.1102(c), ethylene production affected 
sources. The requirements of paragraphs (a)(3), (6), and (7) of this 
section apply to all affected sources.
    (1) Except as provided in paragraph (a)(2) of this section, the 
emission limitations and established parameter ranges of this part shall 
apply at all times except during periods of startup, shutdown, 
malfunction, or non-operation of the affected source (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart applies. However, if a startup, shutdown, malfunction or period 
of non-operation of one portion of an affected source does not affect 
the ability of a particular emission point to comply with the specific 
provisions to which it is subject, then that emission point shall still 
be required to comply with the applicable provisions of this subpart and 
any of the subparts that are referenced by this subpart during startup, 
shutdown, malfunction, or period of non-operation.
    (2) If equipment leak requirements are referenced by this subpart 
for a subject source category, such requirements shall apply at all 
times except during periods of startup, shutdown, or malfunction, 
process unit shutdown (as defined in Sec.  63.1101), or non-operation of 
the affected source (or specific portion thereof) in which the lines are 
drained and depressurized resulting in cessation of the emissions to 
which the equipment leak requirements apply.
    (3) For batch unit operations, shutdown does not include the normal 
periods between batch cycles; and startup does not include the 
recharging of batch unit operations, or the transitional conditions due 
to changes in product.
    (4)(i) For acrylic and modacrylic fiber production affected sources 
and polycarbonate production affected sources, and beginning no later 
than the compliance dates specified in Sec.  63.1102(c), ethylene 
production affected sources, the emission limitations and established 
parameter ranges of this part 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. Equipment leak requirements 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.
    (ii) 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 that may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures, review of 
operation and maintenance records, and inspection of the affected 
source.
    (5) During startups, shutdowns, and malfunctions when the emission 
standards of this subpart and the subparts referenced by this subpart do 
not apply pursuant to paragraphs (a)(1) through (3) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions. The

[[Page 713]]

measures to be taken shall be identified in the startup, shutdown, and 
malfunction plan (if applicable), and may include, but are not limited 
to, air pollution control technologies, recovery technologies, work 
practices, pollution prevention, monitoring, and/or changes in the 
manner of operation of the affected source. Back-up control devices are 
not required, but may be used if available. Compliance with an 
inadequate startup, shutdown, and malfunction plan developed pursuant to 
Sec.  63.1111 is not a shield for failing to comply with good operation 
and maintenance requirements.
    (6) Malfunctions shall be corrected as soon as practical after their 
occurrence.
    (7) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable, independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance assessment procedures--(1) Parameter monitoring: 
compliance with operating conditions. Compliance with the required 
operating conditions for the monitored control devices or recovery 
devices may be determined by, but is not limited to, the parameter 
monitoring data for emission points that are required to perform 
continuous monitoring. For each excursion, except as provided for in 
paragraphs (b)(1)(i) and (ii) of this section, the owner or operator 
shall be deemed to have failed to have applied the control in a manner 
that achieves the required operating conditions.
    (i) An excursion that meets the requirements of paragraph (b)(2) of 
this section is not a violation.
    (ii) Excused excursions are not allowed for acrylic and modacrylic 
fiber production affected sources, polycarbonate production affected 
sources, and beginning no later than the compliance dates specified in 
Sec.  63.1102(c), ethylene production affected sources. For all other 
affected sources, including ethylene production affected sources prior 
to the compliance dates specified in Sec.  63.1102(c), an excused 
excursion, as described in Sec.  63.998(b)(6)(ii), is not a violation.
    (2) Parameter monitoring: Excursions. An excursion is not a 
violation in cases where continuous monitoring is required and the 
excursion does not count toward the number of excused excursions (as 
described in Sec.  63.998(b)(6)(ii)), if the conditions of paragraph 
(b)(2)(i) or (ii) of this section are met, except that the conditions of 
paragraph (b)(2)(i) of this section do not apply for acrylic and 
modacrylic fiber production affected sources, polycarbonate production 
affected sources, and beginning no later than the compliance dates 
specified in Sec.  63.1102(c), ethylene production affected sources. 
Nothing in this paragraph shall be construed to allow or excuse a 
monitoring parameter excursion caused by any activity that violates 
other applicable provisions of this subpart or a subpart referenced by 
this subpart.
    (i) During periods of startup, shutdown, or malfunction (and the 
source is operated during such periods in accordance with Sec.  
63.1111(a)), or
    (ii) During periods of non-operation of the affected source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies).
    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator. This information 
may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures (including the startup, shutdown, 
and malfunction plan under Sec.  63.1111, if applicable), review of 
operation and maintenance records, and inspection of the affected 
source, and alternatives approved as specified in Sec.  63.1113.
    (4) Applicability and compliance assessment procedures. 
Applicability and compliance with standards shall be governed by, in 
part, but not limited to, the use of data, tests, and requirements 
according to paragraphs (b)(4)(i) through (iii) of this section. 
Compliance with design, equipment, work practice, and operating 
standards, including those for equipment leaks, shall be determined 
according to paragraph (b)(5) of this section.
    (i) Applicability assessments. Unless otherwise specified in a 
relevant test

[[Page 714]]

method required to assess control applicability, each test shall consist 
of three separate runs using the applicable test method. Each run shall 
be conducted for the time and under the conditions specified in this 
subpart. The arithmetic mean of the results of the three runs shall 
apply when assessing applicability. Upon receiving approval from the 
Administrator, results of a test run may be replaced with results of an 
additional test run if it meets the criteria specified in paragraphs 
(b)(4)(i)(A) through (D) of this section.
    (A) A sample is accidentally lost after the testing team leaves the 
site; or
    (B) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (C) Extreme meteorological conditions occur;
    (D) Other circumstances occur that are beyond the owner or 
operator's control.
    (ii) Performance test. (A) The Administrator may determine 
compliance with emission limitations of this subpart based on, but not 
limited to, the results of performance tests conducted according to the 
procedures specified in Sec.  63.997, unless otherwise specified in this 
subpart or a subpart referenced by this subpart.
    (B) For acrylic and modacrylic fiber production affected sources, 
polycarbonate production affected sources, and beginning no later than 
the compliance dates specified in Sec.  63.1102(c), ethylene production 
affected sources, 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. 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.
    (iii) Operation and maintenance requirements. The Administrator may 
determine compliance with the operation and maintenance standards of 
this subpart by, but not limited to, evaluation of an owner or 
operator's conformance with operation and maintenance requirements, 
including the evaluation of monitoring data, as specified in this 
subpart or a subpart referenced by this subpart.
    (5) Design, equipment, work practice, or operational standards. The 
Administrator may determine compliance with design, equipment, work 
practice, or operational requirements by, but is not limited to, review 
of records, inspection of the affected source, and by evaluation of an 
owner or operator's conformance with operation and maintenance 
requirements as specified in this subpart, and in the subparts 
referenced by this subpart.
    (c) Finding of compliance. The Administrator may make a finding 
concerning an affected source's compliance with an emission standard or 
operating and maintenance requirement as specified in, but not limited 
to, paragraphs (a) and (b) of this section, upon obtaining all of the 
compliance information required by the relevant standard (including the 
written reports of performance test results, monitoring results, and 
other information, if applicable) and any information available to the 
Administrator to determine whether proper operation and maintenance 
practices are being used. Standards in this subpart and methods of 
determining compliance are in metric units followed by the equivalents 
in English units. The Administrator will make findings of compliance 
with the numerical standards of this subpart using metric units.
    (d) Compliance time. All terms that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annually), unless specified otherwise in the section or subsection that 
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required

[[Page 715]]

tasks, time periods may be changed by mutual agreement between the owner 
or operator and the Administrator, as specified in Sec.  63.1110(h). For 
each time period that is changed by agreement, the revised period shall 
remain in effect until it is changed. A new request is not necessary for 
each recurring period.
    (2) When the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraph (d)(2) (i) or (ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a task 
during each of multiple successive periods, an owner or operator may 
perform the required task at any time during the specified period, 
provided the task is conducted at a reasonable interval after completion 
of the task during the previous period.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999; 
71 FR 20458, Apr. 20, 2006; 79 FR 60927, Oct. 8, 2014; 85 FR 40434, July 
6, 2020]



Sec.  63.1109  Recordkeeping requirements.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of each 
affected source subject to this subpart shall keep copies of 
notifications, reports and records required by this subpart and subparts 
referenced by this subpart for at least 5 years, unless otherwise 
specified under this subpart.
    (b) Copies of reports. If the Administrator has waived the 
requirement of Sec.  63.1110(g)(1) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of the waived 
reports. This paragraph applies only to reports and not the underlying 
records that must be maintained as specified in this subpart and the 
subparts referenced by this subpart.
    (c) Availability of records. All records required to be maintained 
by this subpart or a subpart referenced by this subpart shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection. The records of the remaining 3 years, where 
required, may be retained offsite. Records may be maintained in hard 
copy or computer-readable form including, but not limited to, on paper, 
microfilm, computer, computer disk, magnetic tape, or microfiche.
    (d) Control applicability records. Owners or operators shall 
maintain records containing information developed and used to assess 
control applicability under Sec.  63.1103 (e.g., combined total annual 
emissions of regulated organic HAP).
    (e) Ethylene production flare records. For each flare subject to the 
requirements in Sec.  63.1103(e)(4), owners or operators must keep 
records specified in paragraphs (e)(1) through (15) of this section in 
lieu of the information required in Sec.  63.998(a)(1) of subpart SS.
    (1) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame or flare flame as required in Sec.  
63.670(b) of subpart CC and the presence of a pilot flame as required in 
Sec.  63.1103(e)(4)(vii)(D) for a minimum of 2 years. Retain records of 
each 15-minute block during which there was at least one minute that no 
pilot flame or flare flame is present when regulated material is routed 
to a flare for a minimum of 5 years. For each pressure-assisted multi-
point flare that uses cross-lighting, retain records of each 15-minute 
block during which there was at least one minute that no pilot flame is 
present on each stage when regulated material is routed to a flare for a 
minimum of 5 years. You may reduce the collected minute-by-minute data 
to a

[[Page 716]]

15-minute block basis with an indication of whether there was at least 
one minute where no pilot flame or flare flame was present.
    (2) Retain records of daily visible emissions observations as 
specified in paragraphs (e)(2)(i) through (iv) of this section, as 
applicable, for a minimum of 3 years.
    (i) To determine when visible emissions observations are required, 
the record must identify all periods when regulated material is vented 
to the flare.
    (ii) If visible emissions observations are performed using Method 22 
of 40 CFR part 60, appendix A-7, then the record must identify whether 
the visible emissions observation was performed, the results of each 
observation, total duration of observed visible emissions, and whether 
it was a 5-minute or 2-hour observation. Record the date and start time 
of each visible emissions observation.
    (iii) If a video surveillance camera is used pursuant to Sec.  
63.670(h)(2) of subpart CC, then the record must include all video 
surveillance images recorded, with time and date stamps.
    (iv) For each 2-hour period for which visible emissions are observed 
for more than 5 minutes in 2 consecutive hours, then the record must 
include the date and start and end time of the 2-hour period and an 
estimate of the cumulative number of minutes in the 2-hour period for 
which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas 
and, if applicable, total steam, perimeter assist air, and premix assist 
air specified to be monitored under Sec.  63.670(i) of subpart CC, along 
with the date and time interval for the 15-minute block. If multiple 
monitoring locations are used to determine cumulative vent gas flow, 
total steam, perimeter assist air, and premix assist air, then retain 
records of the 15-minute block average flows for each monitoring 
location for a minimum of 2 years, and retain records of the 15-minute 
block average cumulative flows that are used in subsequent calculations 
for a minimum of 5 years. If pressure and temperature monitoring is 
used, then retain records of the 15-minute block average temperature, 
pressure, and molecular weight of the flare vent gas or assist gas 
stream for each measurement location used to determine the 15-minute 
block average cumulative flows for a minimum of 2 years, and retain 
records of the 15-minute block average cumulative flows that are used in 
subsequent calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under 
Sec.  63.670(j) of subpart CC. Retain records of individual component 
concentrations from each compositional analysis for a minimum of 2 
years. If an NHVvg analyzer is used, retain records of the 15-minute 
block average values for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec.  63.670(k) through (n) of 
subpart CC, as applicable.
    (6) All periods during which operating values are outside of the 
applicable operating limits specified in Sec.  63.670(d) through (f) of 
subpart CC and Sec.  63.1103(e)(4)(vii) when regulated material is being 
routed to the flare.
    (7) All periods during which the owner or operator does not perform 
flare monitoring according to the procedures in Sec.  63.670(g) through 
(j) of subpart CC.
    (8) For pressure-assisted multi-point flares, if a stage of burners 
on the flare uses cross-lighting, then a record of any changes made to 
the distance between burners.
    (9) For pressure-assisted multi-point flares, all periods when the 
pressure monitor(s) on the main flare header show burners are operating 
outside the range of the manufacturer's specifications. Indicate the 
date and time for each period, the pressure measurement, the stage(s) 
and number of burners affected, and the range of manufacturer's 
specifications.
    (10) For pressure-assisted multi-point flares, all periods when the 
staging valve position indicator monitoring system indicates a stage of 
the pressure-assisted multi-point flare should not be in operation and 
when a stage of the pressure-assisted multi-point flare should be in 
operation and is not. Indicate the date and time for each period,

[[Page 717]]

whether the stage was supposed to be open, but was closed or vice versa, 
and the stage(s) and number of burners affected.
    (11) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (12) Records when the flow of vent gas exceeds the smokeless 
capacity of the flare, including start and stop time and dates of the 
flaring event.
    (13) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.670(o)(3) of subpart CC and 
Sec.  63.1103(e)(4)(iv), including an identification of the affected 
flare, the date and duration of the event, a statement noting whether 
the event resulted from the same root cause(s) identified in a previous 
analysis and either a description of the recommended corrective 
action(s) or an explanation of why corrective action is not necessary 
under Sec.  63.670(o)(5)(i) of subpart CC.
    (14) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.670(o)(5) of subpart CC, a 
description of the corrective action(s) completed within the first 45 
days following the discharge and, for action(s) not already completed, a 
schedule for implementation, including proposed commencement and 
completion dates.
    (15) Records described in Sec.  63.10(b)(2)(vi).
    (f) Ethylene production maintenance vent records. For each 
maintenance vent opening subject to the requirements in Sec.  
63.1103(e)(5), the owner or operator must keep the applicable records 
specified in (f)(1) through (5) of this section.
    (1) The owner or operator must maintain standard site procedures 
used to deinventory equipment for safety purposes (e.g., hot work or 
vessel entry procedures) to document the procedures used to meet the 
requirements in Sec.  63.1103(e)(5). The current copy of the procedures 
must be retained and available on-site at all times. Previous versions 
of the standard site procedures, as applicable, must be retained for 5 
years.
    (2) If complying with the requirements of Sec.  63.1103(e)(5)(i)(A) 
and the LEL at the time of the vessel opening exceeds 10 percent, 
records that identify the maintenance vent, the process units or 
equipment associated with the maintenance vent, the date of maintenance 
vent opening, and the LEL at the time of the vessel opening.
    (3) If complying with the requirements of Sec.  63.1103(e)(5)(i)(B) 
and either the vessel pressure at the time of the vessel opening exceeds 
5 psig or the LEL at the time of the active purging was initiated 
exceeds 10 percent, records that identify the maintenance vent, the 
process units or equipment associated with the maintenance vent, the 
date of maintenance vent opening, the pressure of the vessel or 
equipment at the time of discharge to the atmosphere and, if applicable, 
the LEL of the vapors in the equipment when active purging was 
initiated.
    (4) If complying with the requirements of Sec.  63.1103(e)(5)(i)(C), 
records of the estimating procedures used to determine the total 
quantity of VOC in equipment and the type and size limits of equipment 
that contain less than 50 pounds of VOC at the time of maintenance vent 
opening. For each maintenance vent opening of equipment that contains 
greater than 50 pounds of VOC for which the deinventory procedures 
specified in paragraph (f)(1) of this section are not followed or for 
which the equipment opened exceeds the type and size limits established 
in the records specified in this paragraph, records that identify the 
maintenance vent, the process units or equipment associated with the 
maintenance vent, the date of maintenance vent opening, and records used 
to estimate the total quantity of VOC in the equipment at the time the 
maintenance vent was opened to the atmosphere.
    (5) If complying with the requirements of Sec.  63.1103(e)(5)(i)(D), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, records documenting actions taken 
to comply with other applicable alternatives and why utilization of this 
alternative was required, the date of maintenance vent opening, the 
equipment pressure and LEL of the vapors in the equipment at

[[Page 718]]

the time of discharge, an indication of whether active purging was 
performed and the pressure of the equipment during the installation or 
removal of the blind if active purging was used, the duration the 
maintenance vent was open during the blind installation or removal 
process, and records used to estimate the total quantity of VOC in the 
equipment at the time the maintenance vent was opened to the atmosphere 
for each applicable maintenance vent opening.
    (g) Ethylene production bypass line records. For each flow event 
from a bypass line subject to the requirements in Sec.  63.1103(e)(6), 
the owner or operator must maintain records sufficient to determine 
whether or not the detected flow included flow requiring control. For 
each flow event from a bypass line requiring control that is released 
either directly to the atmosphere or to a control device not meeting the 
requirements specified in Table 7 to Sec.  63.1103(e), the owner or 
operator must include an estimate of the volume of gas, the 
concentration of organic HAP in the gas and the resulting emissions of 
organic HAP that bypassed the control device using process knowledge and 
engineering estimates.
    (h) Decoking operation of ethylene cracking furnace records. For 
each decoking operation of an ethylene cracking furnace subject to the 
standards in Sec.  63.1103(e)(7) and (8), the owner or operator must 
keep the records specified in paragraphs (h)(1) through (6) of this 
section.
    (1) Records that document the day and time each inspection specified 
in Sec.  63.1103(e)(7)(i) took place, the results of each inspection, 
and any repairs made to correct the flame impingement; and for any 
repair that is delayed beyond 1 calendar day, the records specified in 
paragraphs (h)(1)(i) through (iii) of this section.
    (i) The reason for the delay.
    (ii) An estimate of the emissions from shutdown for repair and an 
estimate of the emissions likely to result from delay of repair, and 
whether the requirements at Sec.  63.1103(e)(7)(i)(A) or (B) were met.
    (iii) The date the repair was completed or, if the repair has not 
been completed, a schedule for completing the repair.
    (2) If the owner or operator chooses to monitor the CO2 
concentration during decoking as specified in Sec.  63.1103(e)(7)(ii), 
then for each decoking cycle, records must be kept for all measured 
CO2 concentration values beginning before the expected end of 
the air-in decoke time, the criterion used to begin the CO2 
monitoring, and the target used to indicate combustion is complete. The 
target record should identify any time period the site routinely extends 
air addition beyond the specified CO2 concentration and any 
decoke completion assurance procedures used to confirm all coke has been 
removed prior to stopping air addition that occurs after the 
CO2 target is reached.
    (3) If the owner or operator chooses to monitor the temperature at 
the radiant tube(s) outlet during decoking as specified in Sec.  
63.1103(e)(7)(iii), then for each decoking cycle, records must be kept 
for all measured temperature values and the target used to indicate a 
reduction in temperature of the inside of the radiant tube(s) is 
necessary.
    (4) If the owner or operator chooses to comply with Sec.  
63.1103(e)(7)(iv), then records must be kept that document that decoke 
air is no longer being added after each decoking cycle.
    (5) If the owner or operator chooses to treat steam or feed to 
reduce coke formation as specified in Sec.  63.1103(e)(7)(v), then 
records must be kept that document that the planned treatment occurred.
    (6) For each decoking operation of an ethylene cracking furnace 
subject to the requirements in Sec.  63.1103(e)(8), the owner or 
operator must keep records that document the day each inspection took 
place and the results of each inspection where an isolation problem was 
identified including any repairs made to correct the problem.
    (i) Ethylene production pressure relief devices records. For each 
pressure relief device subject to the pressure release management work 
practice standards in Sec.  63.1107(h)(3), the owner or operator must 
keep the records specified in paragraphs (i)(1) through (3) of this 
section.

[[Page 719]]

    (1) Records of the prevention measures implemented as required in 
Sec.  63.1107(h)(3)(ii).
    (2) Records of the number of releases during each calendar year and 
the number of those releases for which the root cause was determined to 
be a force majeure event. Keep these records for the current calendar 
year and the past five calendar years.
    (3) For each release to the atmosphere, the owner or operator must 
keep the records specified in paragraphs (i)(3)(i) through (iv) of this 
section.
    (i) The start and end time and date of each pressure release to the 
atmosphere.
    (ii) Records of any data, assumptions, and calculations used to 
estimate of the mass quantity of each organic HAP released during the 
event.
    (iii) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.1107(h)(3)(iii), including an 
identification of the affected pressure relief device, a statement 
noting whether the event resulted from the same root cause(s) identified 
in a previous analysis and either a description of the recommended 
corrective action(s) or an explanation of why corrective action is not 
necessary under Sec.  63.1107(h)(7)(i).
    (iv) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.1107(h)(7), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.

[64 FR 34921, June 29, 1999, as amended at 67 FR 39307, June 7, 2002; 85 
FR 40435, July 6, 2020]



Sec.  63.1110  Reporting requirements.

    (a) Required reports. Each owner or operator of an affected source 
subject to this subpart shall submit the reports listed in paragraphs 
(a)(1) through (8) of this section, as applicable. Each owner or 
operator of an acrylic and modacrylic fiber production affected source 
or polycarbonate production affected source subject to this subpart 
shall also submit the reports listed in paragraph (a)(9) of this section 
in addition to the reports listed in paragraphs (a)(1) through (8) of 
this section, as applicable. Beginning no later than the compliance 
dates specified in Sec.  63.1102(c), each owner or operator of an 
ethylene production affected source subject to this subpart shall also 
submit the reports listed in paragraph (a)(10) of this section in 
addition to the reports listed in paragraphs (a)(1) through (8) of this 
section, as applicable.
    (1) A Notification of Initial Startup described in paragraph (b) of 
this section, as applicable.
    (2) An Initial Notification described in paragraph (c) of this 
section.
    (3) [Reserved]
    (4) A Notification of Compliance Status report described in 
paragraph (d) of this section.
    (5) Periodic Reports described in paragraph (e) of this section.
    (6) Application for approval of construction or reconstruction 
described in Sec.  63.5(d) of subpart A of this part.
    (7) Startup, Shutdown, and Malfunction Reports described in Sec.  
63.1111 (except for acrylic and modacrylic fiber production affected 
sources, ethylene production affected sources, and polycarbonate 
production affected sources).
    (8) Other reports. Other reports shall be submitted as specified 
elsewhere in this subpart and subparts referenced by this subpart.
    (9) 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 
paragraph (a)(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

[[Page 720]]

EPA-provided software that includes information claimed to be CBI on a 
compact disc, 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.
    (10)(i) Beginning no later than the compliance dates specified in 
Sec.  63.1102(c), within 60 days after the date of completing each 
performance test required by this subpart, the owner or operator must 
submit the results of the performance test following the procedures 
specified in paragraphs (a)(10)(i)(A) through (C) of this section.
    (A) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through the 
EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit an electronic file consistent with the extensible markup 
language (XML) schema listed on the EPA's ERT website.
    (B) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment in 
the ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (C) CBI. If you claim some of the information submitted under 
paragraph (a)(10)(i)(A) or (B) of this section is CBI, then the owner or 
operator must submit a complete file, including information claimed to 
be CBI, to the EPA. The file must be 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 website. Submit the file on a compact disc, 
flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via EPA's CDX as 
described in paragraphs (a)(10)(i)(A) and (B) of this section.
    (ii) Beginning no later than the compliance dates specified in Sec.  
63.1102(c), the owner or operator must submit all subsequent 
Notification of Compliance Status reports required under paragraph 
(a)(4) of this section in PDF format to the EPA via CEDRI, which can be 
accessed through EPA's CDX (https://cdx.epa.gov/). All subsequent 
Periodic Reports required under paragraph (a)(5) of this section must be 
submitted to the EPA via CEDRI using the appropriate electronic report 
template on the CEDRI website (https://www.epa.gov/electronic-reporting-
air-emissions/compliance-and-emissions-data-reporting-interface-cedri) 
for this subpart beginning no later than the compliance dates specified 
in Sec.  63.1102(c) or once the report template has been available on 
the CEDRI website for one year, whichever date is later. The date report 
templates become available will be listed on the CEDRI website. The 
report must be submitted by the deadline specified in this subpart, 
regardless of the method in which the report is submitted. If you claim 
some of the information required to be submitted via CEDRI is CBI, then 
submit a complete report, including information claimed to be CBI, to 
the EPA. Periodic Reports must be generated using the appropriate 
template on the CEDRI website. Submit the file on a compact disc, flash 
drive, or other commonly used electronic storage medium and clearly mark 
the medium as CBI. Mail the electronic medium to

[[Page 721]]

U.S. Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(E143-01), Attention: Ethylene Production Sector Lead, 109 T.W. 
Alexander Drive, Research Triangle Park, NC 27711. The same file with 
the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (iii) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, the owner or operator must meet the 
requirements outlined in paragraphs (a)(10)(iii)(A) through (G) of this 
section.
    (A) The owner or operator must have been or will be precluded from 
accessing CEDRI and submitting a required report within the time 
prescribed due to an outage of either the EPA's CEDRI or CDX systems.
    (B) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (C) The outage may be planned or unplanned.
    (D) The owner or operator must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or has caused a delay in reporting.
    (E) The owner or operator must provide to the Administrator a 
written description identifying:
    (1) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (2) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (3) Measures taken or to be taken to minimize the delay in 
reporting; and
    (4) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (F) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (G) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (iv) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, the owner or operator must meet the requirements 
outlined in paragraphs (a)(10)(iv)(A) through (E) of this section.
    (A) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this paragraph, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (B) The owner or operator must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or has caused a delay in reporting.
    (C) The owner or operator must provide to the Administrator:
    (1) A written description of the force majeure event;
    (2) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (3) Measures taken or to be taken to minimize the delay in 
reporting; and
    (4) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.

[[Page 722]]

    (D) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (E) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
    (b) Notification of initial startup--(1) Contents. An owner or 
operator of an affected source for which a notice of initial startup has 
not been submitted under Sec.  63.5, shall send the Administrator 
written notification of the actual date of initial startup of an 
affected source. This paragraph does not apply to an affected source in 
existence on the effective date of this rule.
    (2) Due date. The notification of the actual date of initial startup 
shall be postmarked within 15 days after such date.
    (c) Initial Notification. Owners or operators of affected sources 
who are subject to this subpart shall notify the Administrator of the 
applicability of this subpart by submitting an Initial Notification 
according to the schedule described in paragraph (c)(1) of this section. 
The notice shall include the information specified in paragraphs (c)(2) 
through (7) of this section, as applicable. An application for approval 
of construction or reconstruction required under Sec.  63.5(d) of 
subpart A of this part may be used to fulfill the initial notification 
requirements.
    (1) The initial notification shall be postmarked within 1 year after 
the source becomes subject to this subpart.
    (2) Identification of the storage vessels subject to this subpart.
    (3) Identification of the process vents subject to this subpart.
    (4) Identification of the transfer racks subject to this subpart.
    (5) For equipment leaks, identification of the process units subject 
to this subpart.
    (6) Identification of other equipment or emission points subject to 
this subpart.
    (7) As an alternative to the requirements specified in paragraphs 
(c)(1) through (3) and (c)(5) of this section, process units can be 
identified instead of individual pieces of equipment. For this 
alternative, the kind of emission point in the process unit that will 
comply must also be identified.
    (d) Notification of Compliance Status--(1) Contents. The owner or 
operator shall submit a Notification of Compliance Status for each 
affected source subject to this subpart containing the information 
specified in paragraphs (d)(1)(i) and (ii) of this section. For pressure 
relief devices subject to the requirements of Sec.  63.1107(e)(3), the 
owner or operator of an acrylic and modacrylic fiber production affected 
source or polycarbonate production affected source shall also submit the 
information listed in paragraph (d)(1)(iii) of this section in a 
supplement to the Notification of Compliance Status within 150 days 
after the first applicable compliance date for pressure relief device 
monitoring. For flares subject to the requirements of Sec.  
63.1103(e)(4), the owner or operator of an ethylene production affected 
source shall also submit the information listed in paragraph (d)(1)(iv) 
of this section in a supplement to the Notification of Compliance Status 
within 150 days after the first applicable compliance date for flare 
monitoring. For pressure relief devices subject to the pressure release 
management work practice standards in Sec.  63.1107(h)(3), the owner or 
operator of an ethylene production affected source shall also submit the 
information listed in paragraph (d)(1)(v) of this section in a 
supplement to the Notification of Compliance Status within 150 days 
after the first applicable compliance date for pressure relief device 
monitoring.
    (i) Except as specified in paragraphs (d)(1)(iv) and (v) of this 
section, the Notification of Compliance Status shall include the 
information specified in this subpart and the subparts referenced by 
this subpart. Alternatively, this information can be submitted as part 
of a title V permit application or amendment.
    (ii) The Notification of Compliance Status shall include a statement 
from the owner or operator identifying which subpart he or she has 
elected to comply with, where given a choice, as provided for in Sec.  
63.1100(g).
    (iii) For pressure relief devices in organic HAP service, a 
description of the

[[Page 723]]

device or monitoring system to be implemented, including the pressure 
relief devices and process parameters to be monitored (if applicable), 
and a description of the alarms or other methods by which operators will 
be notified of a pressure release.
    (iv) For each flare subject to the requirements in Sec.  
63.1103(e)(4), in lieu of the information required in Sec.  63.987(b) of 
subpart SS, the Notification of Compliance Status shall include flare 
design (e.g., steam-assisted, air-assisted, non-assisted, or pressure-
assisted multi-point); all visible emission readings, heat content 
determinations, flow rate measurements, and exit velocity determinations 
made during the initial visible emissions demonstration required by 
Sec.  63.670(h) of subpart CC, as applicable; and all periods during the 
compliance determination when the pilot flame or flare flame is absent.
    (v) For pressure relief devices subject to the requirements of Sec.  
63.1107(h), the Notification of Compliance Status shall include the 
information specified in paragraphs (d)(1)(v)(A) and (B) of this 
section.
    (A) A description of the monitoring system to be implemented, 
including the relief devices and process parameters to be monitored, and 
a description of the alarms or other methods by which operators will be 
notified of a pressure release.
    (B) A description of the prevention measures to be implemented for 
each affected pressure relief device.
    (2) Due date. The owner or operator shall submit the Notification of 
Compliance Status for each affected source 240 days after the compliance 
date specified for the affected source under this subpart, or 60 days 
after completion of the initial performance test or initial compliance 
assessment, whichever is earlier. Notification of Compliance Status 
reports may be combined for multiple affected sources as long as the due 
date requirements for all sources covered in the combined report are 
met.
    (e) Periodic Reports. The owner or operator of an affected source 
subject to monitoring requirements of this subpart, or to other 
requirements of this subpart or subparts referenced by this subpart, 
where periodic reporting is specified, shall submit a Periodic Report.
    (1) Contents. Except as specified in paragraphs (e)(4) through (8) 
of this section, Periodic Reports shall include all information 
specified in this subpart and subparts referenced by this subpart.
    (2) Due date. The Periodic Report shall be submitted no later than 
60 days after the end of each 6-month period. The first report shall 
cover the 6-month period after the Notification of Compliance Status 
report is due. The first report shall be submitted no later than the 
last day of the month that includes the date 8 months (6 months and 60 
days) after the Notification of Compliance Status report is due.
    (3) Overlap with title V reports. Information required by this 
subpart, which is submitted with a title V periodic report, need not 
also be included in a subsequent Periodic Report required by this 
subpart or subpart referenced by this subpart. The title V report shall 
be referenced in the Periodic Report required by this subpart.
    (4) Ethylene production flare reports. For each flare subject to the 
requirements in Sec.  63.1103(e)(4), the Periodic Report shall include 
the items specified in paragraphs (e)(4)(i) through (vi) of this section 
in lieu of the information required in Sec.  63.999(c)(3) of subpart SS.
    (i) Records as specified in Sec.  63.1109(e)(1) for each 15-minute 
block during which there was at least one minute when regulated material 
is routed to a flare and no pilot flame or flare flame is present. 
Include the start and stop time and date of each 15-minute block.
    (ii) Visible emission records as specified in Sec.  
63.1109(e)(2)(iv) for each period of 2 consecutive hours during which 
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec.  63.1109(e)(7). Indicate the 
date and start time for the period, and the net heating value operating 
parameter(s) determined following the methods in Sec.  63.670(k) through 
(n) of subpart CC as applicable.
    (iv) For flaring events meeting the criteria in Sec.  63.670(o)(3) 
of subpart CC and Sec.  63.1103(e)(4)(iv):

[[Page 724]]

    (A) The start and stop time and date of the flaring event.
    (B) The length of time that emissions were visible from the flare 
during the event.
    (C) Results of the root cause and corrective actions analysis 
completed during the reporting period, including the corrective actions 
implemented during the reporting period and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (v) For pressure-assisted multi-point flares, the periods of time 
when the pressure monitor(s) on the main flare header show the burners 
operating outside the range of the manufacturer's specifications.
    (vi) For pressure-assisted multi-point flares, the periods of time 
when the staging valve position indicator monitoring system indicates a 
stage should not be in operation and is or when a stage should be in 
operation and is not.
    (5) Ethylene production maintenance vent reports. For maintenance 
vents subject to the requirements Sec.  63.1103(e)(5), Periodic Reports 
must include the information specified in paragraphs (e)(5)(i) through 
(iv) of this section for any release exceeding the applicable limits in 
Sec.  63.1103(e)(5)(i). For the purposes of this reporting requirement, 
owners or operators complying with Sec.  63.1103(e)(5)(i)(D) must report 
each venting event conducted under those provisions and include an 
explanation for each event as to why utilization of this alternative was 
required.
    (i) Identification of the maintenance vent and the equipment served 
by the maintenance vent.
    (ii) The date and time the maintenance vent was opened to the 
atmosphere.
    (iii) The LEL, vessel pressure, or mass of VOC in the equipment, as 
applicable, at the start of atmospheric venting. If the 5 psig vessel 
pressure option in Sec.  63.1103(e)(5)(i)(B) was used and active purging 
was initiated while the LEL was 10 percent or greater, also include the 
LEL of the vapors at the time active purging was initiated.
    (iv) An estimate of the mass of organic HAP released during the 
entire atmospheric venting event.
    (6) Bypass line reports. For bypass lines subject to the 
requirements in Sec.  63.1103(e)(6), Periodic Reports must include the 
date, time, duration, estimate of the volume of gas, the concentration 
of organic HAP in the gas and the resulting mass emissions of organic 
HAP that bypass a control device. For periods when the flow indicator is 
not operating, report the date, time, and duration.
    (7) Decoking operation reports. For decoking operations of an 
ethylene cracking furnace subject to the requirements in Sec.  
63.1103(e)(7) and (8), Periodic Reports must include the information 
specified in paragraphs (e)(7)(i) through (iii) of this section.
    (i) For each control measure selected to minimize coke combustion 
emissions as specified in Sec.  63.1103(e)(7)(ii) through (v), report 
instances where the control measures were not followed.
    (ii) Report instances where an isolation valve inspection was not 
conducted according to the procedures specified in Sec.  63.1103(e)(8).
    (iii) For instances where repair was delayed beyond 1 calendar day 
as specified in Sec.  63.1103(e)(7)(i), report the information specified 
in Sec.  63.1109(h)(1).
    (8) Ethylene production pressure relief devices reports. For 
pressure relief devices subject to the requirements of Sec.  63.1107(h), 
Periodic Reports must include the information specified in paragraphs 
(e)(8)(i) through (iii) of this section.
    (i) For pressure relief devices in organic HAP gas or vapor service, 
pursuant to Sec.  63.1107(h)(1), report any instrument reading of 500 
ppm or greater.
    (ii) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec.  63.1107(h)(2), report confirmation that any monitoring 
required to be done during the reporting period to show compliance was 
conducted.
    (iii) For pressure relief devices in organic HAP service subject to 
Sec.  63.1107(h)(3), report each pressure release to the atmosphere, 
including duration of the pressure release and estimate of the mass 
quantity of each organic HAP released; the results of any root cause 
analysis and corrective action analysis completed during the reporting 
period, including the corrective

[[Page 725]]

actions implemented during the reporting period; and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (f) General report content. All reports and notifications submitted 
pursuant to this subpart, including reports that combine information 
required under this subpart and a subpart referenced by this subpart, 
shall include the information specified in paragraphs (f)(1) through (4) 
of this section.
    (1) The name, address and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each affected source covered in the submission 
and identification of the subparts (this subpart and the subparts 
referenced in this subpart) that are applicable to that affected source. 
Summaries and groupings of this information are permitted.
    (g) Report and notification submission--(1) Submission to the 
Environmental Protection Agency. All reports and notifications required 
under this subpart shall be sent to the appropriate EPA Regional Office 
and to the delegated State authority, except that request for permission 
to use an alternative means of emission limitation as provided for in 
Sec.  63.1113 shall be submitted to the Director of the EPA Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, MD-10, Research Triangle Park, North Carolina, 27711. The EPA 
Regional Office may waive the requirement to submit a copy of any 
reports or notifications at its discretion, except that electronic 
reporting to CEDRI cannot be waived, and as such, compliance with the 
provisions of this paragraph does not relieve owners or operators of 
affected facilities of the requirement to submit electronic reports 
required in this subpart to the EPA.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification listed 
in this subpart, an owner or operator may send the appropriate EPA 
Regional Office a copy of the report or notification sent to the State 
to satisfy the requirements of this subpart for that report or 
notification, except that performance test reports and performance 
evaluation reports required under paragraph (a)(10) of this section must 
be submitted to CEDRI in the format specified in that paragraph.
    (3) Method of submission. Wherever this subpart specifies 
``postmark'' dates, submittals may be sent by methods other than the 
U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or 
before the specified date.
    (4) Submission by electronic media. If acceptable to both the 
Administrator and the owner or operator of an affected source, reports 
may be submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications--(1) Alignment with title V submission. An owner or 
operator may submit Periodic Reports required by this subpart on the 
same schedule as the title V periodic report for the facility. The owner 
or operator using this option need not obtain prior approval, but must 
ensure that no reporting gaps occur. The owner or operator shall clearly 
identify the change in reporting schedule in the first report filed 
under this paragraph. The requirements of paragraph (f) of this section 
are not waived when implementing this change.
    (2) Establishment of a common schedule. An owner or operator may 
arrange by mutual agreement (which may be a standing agreement) with the 
Administrator a common schedule on which periodic reports required by 
this subpart shall be submitted throughout the year as long as the 
reporting period is not extended. Procedures governing the 
implementation of this provision are specified in paragraphs (h)(3) 
through (7) of this section.
    (3) Submission requirements. Except as allowed by paragraph (h)(1) 
of this section, until an adjustment of a time period or postmark 
deadline has been approved by the Administrator under paragraphs (h)(5) 
and (6) of this section, the owner or operator of an affected source 
remains strictly subject to the required submittal deadlines specified

[[Page 726]]

in this subpart and subparts referenced by this subpart.
    (4) Request for adjustment of reporting schedule. Except as allowed 
by paragraph (h)(1) of this section, an owner or operator shall request 
the adjustment provided for in paragraphs (h)(5) and (6) of this section 
each time he or she wishes to change an applicable time period or 
postmark deadline specified in this subpart or subparts referenced by 
this subpart. A request for a change to the periodic reporting schedule 
need only be made once for every schedule change and not once for every 
semiannual report submitted.
    (5) Alteration of time periods or deadlines. Notwithstanding time 
periods or postmark deadlines specified in this subpart for the 
submittal of information to the Administrator by an owner or operator, 
or the review of such information by the Administrator, such time 
periods or deadlines may be changed by mutual agreement between the 
owner or operator and the Administrator. An owner or operator who wishes 
to request a change in a time period or postmark deadline for a 
particular requirement shall request the adjustment in writing as soon 
as practical before the subject activity is required to take place. The 
owner or operator shall include in the request whatever information he 
or she considers useful to convince the Administrator that an adjustment 
is warranted.
    (6) Approval of request for adjustment. If, in the Administrator's 
judgment, an owner or operator's request for an adjustment to a 
particular time period or postmark deadline is warranted, the 
Administrator will approve the adjustment. The Administrator will notify 
the owner or operator in writing of approval or disapproval of the 
request for an adjustment within 15 calendar days of receiving 
sufficient information to evaluate the request.
    (7) Notification of delay. If the Administrator is unable to meet a 
specified deadline, he or she will notify the owner or operator of any 
significant delay and inform the owner or operator of the amended 
schedule.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999; 
79 FR 60928, Oct. 8, 2014; 85 FR 40437, July 6, 2020]



Sec.  63.1111  Startup, shutdown, and malfunction.

    (a) Startup, shutdown, and malfunction plan. Before July 6, 2023, 
the requirements of this paragraph (a) apply to all affected sources 
except for acrylic and modacrylic fiber production affected sources and 
polycarbonate production affected sources. On and after July 6, 2023, 
the requirements of this paragraph (a) apply to all affected sources 
except for acrylic and modacrylic fiber production affected sources, 
ethylene production affected sources, and polycarbonate production 
affected sources.
    (1) Description and purpose of plan. The owner or operator of an 
affected source shall develop a written startup, shutdown, and 
malfunction plan that describes, in detail, procedures for operating and 
maintaining the affected source during periods of startup, shutdown, and 
malfunction. This plan shall also include a program of corrective action 
for malfunctioning process and air pollution control equipment used to 
comply with relevant standards under this subpart. The plan shall also 
address routine or otherwise predictable CPMS malfunctions. This plan 
shall be developed by the owner or operator by the affected source's 
compliance date under this subpart. The requirement to develop this plan 
shall be incorporated into the source's title V permit. This requirement 
is optional for equipment that must comply with subparts TT or UU under 
this subpart. It is not optional for equipment equipped with a closed 
vent system and control device subject to this subpart and subpart SS of 
this part. The purpose of the startup, shutdown, and malfunction plan is 
described in paragraphs (a)(1)(i) and (ii) of this section.
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence, in order to 
minimize excess emissions of regulated organic HAP; and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken to 
restore malfunctioning process and air pollution control equipment to 
its normal or usual manner of operation).

[[Page 727]]

    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of an affected source subject to this 
subpart YY shall operate and maintain such affected source (including 
associated air pollution control equipment and CPMS) in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions to the extent practical. The general duty to 
minimize emissions during a period of startup, shutdown, or malfunction 
does not require the owner or operator to achieve emission levels that 
would be required by the applicable standard at other times if this is 
not consistent with safety and good air pollution control practices, nor 
does it require the owner or operator to make any further efforts to 
reduce emissions if levels required by the applicable standard have been 
achieved. Determination of whether such operation and maintenance 
procedures are being used will be based on information available to the 
Administrator which may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures (including the 
startup, shutdown, and malfunction plan required by this section), 
review of operation and maintenance records, and inspection of the 
source.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator of an affected source may use the affected source's 
standard operating procedures (SOP) manual, or an Occupational Safety 
and Health Administration (OSHA) or other plan, provided the alternative 
plans meet all the requirements of this section and are made available 
for inspection when requested by the Administrator.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec.  63.1108(b)(3), the Administrator may require that an 
owner or operator of an affected source make changes to the startup, 
shutdown, and malfunction plan for that source. The Administrator may 
require reasonable revisions to a startup, shutdown, and malfunction 
plan if the Administrator finds that the plan is inadequate as specified 
in paragraphs (a)(4)(i) through (iv) of this section:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the affected source 
that has occurred; or
    (ii) Fails to provide for the operation of the affected source 
(including associated air pollution control equipment and CPMS) during a 
startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and air pollution control equipment as quickly as 
practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified in Sec.  
63.1108(a)(5).
    (5) Additional malfunction plan requirements. If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
shall revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed procedures for operating and 
maintaining the affected source during similar malfunction events and a 
program of corrective action for similar malfunctions of process or air 
pollution control equipment or CPMS.
    (b) Startup, shutdown, and malfunction reporting requirements. 
Before July 6, 2023, the requirements of this paragraph (b) apply to all 
affected sources except for acrylic and modacrylic fiber production 
affected sources and polycarbonate production affected sources. On and 
after July 6, 2023, the requirements of this paragraph (b) apply to all 
affected sources except for acrylic and modacrylic fiber production 
affected sources, ethylene production affected sources, and 
polycarbonate production affected sources.
    (1) Periodic startup, shutdown, and malfunction reporting 
requirements. If actions taken by an owner or operator

[[Page 728]]

during a startup, shutdown, and malfunction of an affected source, or of 
a control device or monitoring system required for compliance (including 
actions taken to correct a malfunction) are consistent with the 
procedures specified in the affected source's plan, then the owner or 
operator shall state such information in a startup, shutdown, and 
malfunction report. During the reporting period, reports shall only be 
required for startups, shutdowns, and malfunctions during which excess 
emissions, as defined in Sec.  63.1108(a)(5), occur during the reporting 
period. A startup, shutdown, and malfunction report can be submitted as 
part of a Periodic Report required under Sec.  63.1110(a)(5), or on a 
more frequent basis if specified otherwise under this subpart or a 
subpart referenced by this subpart or as established otherwise by the 
permitting authority in the affected source's title V permit. The 
startup, shutdown, and malfunction report shall be delivered or 
postmarked by the 30th day following the end of each calendar half (or 
other calendar reporting period, as appropriate), unless the information 
is submitted with the Periodic Report. The report shall include the 
information specified in paragraphs (b)(1)(i) through (b)(1)(iv) of this 
section.
    (i) The name, title, and signature of the owner or operator or other 
responsible official certifying its accuracy.
    (ii) The number of startup, shutdown, and malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period if the total duration amounts to either of the 
durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records of 
the number of CPMS startup, shutdown, and malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period are required under Sec.  63.998(c)(1)(ii)(C) and 
(D) of this section.
    (A) Total duration of periods of malfunctioning of a CPMS equal to 
or greater than 5 percent of that CPMS operating time for the reporting 
period; or
    (B) Total duration of periods of startup, shutdown, and malfunction 
for an affected source equal to or greater than 1 percent of that 
affected source's operating time for the reporting period.
    (iii) Records documenting each startup, shutdown and malfunction 
event as required under Sec.  63.998(c)(1)(ii)(F).
    (iv) Records documenting the total duration of operating time as 
required under Sec.  63.998(c)(1)(ii)(H).
    (2) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
startup, shutdown, and malfunction reports under paragraph (b)(1) of 
this section, any time an action taken by an owner or operator during a 
startup, shutdown, or malfunction (including actions taken to correct a 
malfunction) during which excess emissions occur is not consistent with 
the procedures specified in the affected source's plan, the owner or 
operator shall report the actions taken for that event within 2 working 
days after commencing actions inconsistent with the plan, followed by a 
letter delivered or postmarked within 7 working days after the end of 
the event. The immediate report required under this paragraph shall 
contain the name, title, and signature of the owner or operator or other 
responsible official who is certifying its accuracy, explaining the 
circumstances of the event, the reasons for not following the startup, 
shutdown, and malfunction plan, and whether any excess emissions and/or 
parameter monitoring exceedances are believed to have occurred. 
Notwithstanding the requirements of the previous sentence, after the 
effective date of an approved permit program in the State in which an 
affected source is located, the owner or operator may make alternative 
reporting arrangements, in advance, with the permitting authority in 
that State. Procedures governing the arrangement of alternative 
reporting requirements under this paragraph are specified in Sec.  
63.1110(h).
    (c) Malfunction recordkeeping and reporting. Before July 6, 2023, 
the requirements of this paragraph (c) apply only to acrylic and 
modacrylic fiber production affected sources and polycarbonate 
production affected sources. On and after July 6, 2023, the requirements 
of this paragraph (c) apply only to acrylic and modacrylic fiber 
production affected sources,

[[Page 729]]

ethylene production affected sources, and polycarbonate production 
affected sources.
    (1) Records of malfunctions. The owner or operator shall keep the 
records specified in paragraphs (c)(1)(i) through (iii) of this section.
    (i) 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.
    (ii) 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.
    (iii) Record actions taken to minimize emissions in accordance with 
Sec.  63.1108(a)(4)(ii), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (2) 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.

[64 FR 34921, June 29, 1999, as amended at 71 FR 20458, Apr. 20, 2006; 
79 FR 60929, Oct. 8, 2014; 85 FR 40440, July 6, 2020]



Sec.  63.1112  Extension of compliance, and performance test, 
monitoring, recordkeeping and reporting waivers and alternatives.

    (a) Extension of compliance--(1) Extension of compliance with 
emission standards. Until an extension of compliance has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source subject to the requirements of this subpart shall comply 
with all applicable requirements of this subpart.
    (2) Extension of compliance for early reductions and other 
reductions. (i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator will grant the owner or operator an extension of 
compliance with specific requirements of this part, as specified in 
subpart D of this part.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best available 
control technology (BACT) (as defined in section 169(3) of the Act) or 
technology required to meet a lowest achievable emission rate (LAER) (as 
defined in section 171 of the Act) prior to the promulgation of an 
emission standard in this part applicable to such source and the same 
pollutant (or stream of pollutants) controlled pursuant to the BACT or 
LAER installation, the Administrator will grant the owner or operator an 
extension of compliance with such emission standard that will apply 
until the date 5 years after the date on which such installation was 
achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (a)(4) through 
(7) of this section concern requests for an extension of compliance with 
a relevant standard under this part (except requests for an extension of 
compliance under paragraph (a)(2)(i) of this section will be handled 
through procedures specified in subpart D of this part).
    (4) Requests for extensions of compliance for section 112 standards. 
(i) Section 112(d) standards. (A) The owner or operator of an existing 
source who is unable to comply with a relevant standard established 
under this part pursuant to section 112(d) of the Act may request that 
the Administrator grant an extension allowing the source up to 1 
additional year to comply with the standard, if such additional period 
is necessary for the installation of controls. The owner or operator of 
an affected source who has requested an extension of compliance under 
this paragraph and who is otherwise required to obtain a title V permit 
shall apply for such permit or apply to have the source's title V permit 
revised to incorporate the conditions of the extension

[[Page 730]]

of compliance. The conditions of an extension of compliance granted 
under this paragraph will be incorporated into the affected source's 
title V permit according to the provisions of part 70 or Federal title V 
regulations in this chapter (42 U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 12 months before the affected 
source's compliance date (as specified in Sec.  63.1102) for sources 
that are not including emission points in an emissions average, or not 
later than 18 months before the affected source's compliance date (as 
specified in Sec.  63.1102) for sources that are including emission 
points in an emissions average. Emission standards established under 
this part may specify alternative dates for the submittal of requests 
for an extension of compliance if alternatives are appropriate for the 
source categories affected by those standards, e.g., a compliance date 
specified by the standard is less than 12 (or 18) months after the 
standard's effective date.
    (ii) Section 112(f) standards. The owner or operator of an existing 
source unable to comply with a relevant standard established under this 
part pursuant to section 112(f) of the Act may request that the 
Administrator grant an extension allowing the source up to 2 years after 
the standard's effective date to comply with the standard. The 
Administrator may grant such an extension if he/she finds that such 
additional period is necessary for the installation of controls and that 
steps will be taken during the period of the extension to assure that 
the health of persons will be protected from imminent endangerment. Any 
request for an extension of compliance with a relevant standard under 
this paragraph shall be submitted in writing to the Administrator not 
later than 15 days after the effective date of the relevant standard.
    (5) Requests for extensions of compliance for BACT or LAER. The 
owner or operator of an existing source who has installed BACT or 
technology required to meet LAER (as specified in paragraph (a)(2)(ii) 
of this section) prior to the promulgation of a relevant emission 
standard in this part may request that the Administrator grant an 
extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to comply 
with the standard. Any request for an extension of compliance with a 
relevant standard under this paragraph shall be submitted in writing to 
the Administrator not later than 120 days after the promulgation date of 
the standard. The Administrator may grant such an extension if he or she 
finds that the installation of BACT or technology to meet LAER controls 
the same pollutant (or stream of pollutants) that would be controlled at 
that source by the relevant emission standard.
    (6) Contents of request. (i) The request for a compliance extension 
under paragraph (a)(4) of this section shall include the following 
information:
    (A) A description of the controls to be installed to comply with the 
standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates shall 
include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved.
    (C) A description of interim emission control steps, that will be 
taken during the extension period, including milestones to assure proper 
operation and maintenance of emission control and process equipment; and
    (D) Whether the owner or operator is also requesting an extension of 
other applicable requirements (e.g., performance testing requirements).

[[Page 731]]

    (ii) The request for a compliance extension under paragraph (a)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Additional advice. Advice on requesting an extension of 
compliance may be obtained from the Administrator.
    (8) Approval of request for extension of compliance. Paragraphs 
(a)(9) through (14) of this section concern approval of an extension of 
compliance requested under paragraphs (a)(4) through (6) of this 
section.
    (9) General. Based on the information provided in any request made 
under paragraphs (a)(4) through (6) of this section, or other 
information, the Administrator may grant an extension of compliance with 
an emission standard, as specified in paragraphs (a)(4) and (5) of this 
section.
    (10) Contents of extension. The extension will be in writing and 
will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (a)(4) of this section, specify any 
additional conditions that the Administrator deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (a)(5)of this section, specify any additional 
conditions that the Administrator deems necessary to assure the proper 
operation and maintenance of the installed controls during the extension 
period.
    (11) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph (a)(10) 
of this section may be required to submit to the Administrator progress 
reports indicating whether the steps toward compliance outlined in the 
compliance schedule have been reached. The contents of the progress 
reports and the dates by which they shall be submitted will be specified 
in the written extension of compliance granted under paragraph (a)(9) of 
this section.
    (12) Notifications to owners and operators regarding compliance 
extensions for section 112(d) standards. (i) The Administrator will 
notify the owner or operator in writing of approval or intention to deny 
approval of a request for an extension of compliance within 30 days 
after receipt of sufficient information to evaluate a request submitted 
under paragraph (a)(4)(i) or (a)(5) of this section. The 30-day approval 
or denial period will begin after the owner or operator has been 
notified in writing that his/her application is complete. The 
Administrator will notify the owner or operator in writing of the status 
of his/her application, that is, whether the application contains 
sufficient information to make a determination, within 30 days after 
receipt of the original application and within 30 days after receipt of 
any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 days after he/she is 
notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator before further 
action on the request.

[[Page 732]]

    (iv) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 days after presentation of additional information or argument 
(if the application is complete), or within 30 days after the final date 
specified for the presentation if no presentation is made.
    (13) Notifications to owners and operators regarding compliance 
extensions for section 112(f) standards. (i) The Administrator will 
notify the owner or operator in writing of approval or intention to deny 
approval of a request for an extension of compliance within 30 days 
after receipt of sufficient information to evaluate a request submitted 
under paragraph (a)(4)(ii) of this section. The 30-day approval or 
denial period will begin after the owner or operator has been notified 
in writing that his/her application is complete. The Administrator will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 days after receipt of the 
original application and within 15 days after receipt of any 
supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 days after he/she is 
notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator before further 
action on the request.
    (iv) A final determination to deny any request for an extension will 
be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 days 
after presentation of additional information or argument (if the 
application is complete), or within 30 days after the final date 
specified for the presentation if no presentation is made.
    (14) Termination of extension. The Administrator may terminate an 
extension of compliance at an earlier date than specified if any 
specification under paragraphs (a)(10)(iii) or (iv) of this section is 
not met.
    (15) [Reserved]
    (16) Administrator's authority. The granting of an extension under 
this section shall not abrogate the Administrator's authority under 
section 114 of the Act.
    (b) Waiver of performance tests--(1) Applicability of this section. 
Until a waiver of a performance testing requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) General. Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, or 
the source is being operated under an extension of compliance, or the 
owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under paragraph (a) of this section, the 
application for a waiver of an initial performance test shall accompany 
the information required for the request for an extension of compliance. 
If no extension of compliance is requested or if the owner or operator 
has requested an extension of compliance and the Administrator is still 
considering that request, the application for a waiver of an initial 
performance test shall be submitted at least 60 days

[[Page 733]]

before the performance test if a site-specific test plan is not 
submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report, but it shall be submitted at least 
60 days before the performance test if a site-specific test plan is not 
submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator 
will approve or deny a request for a waiver of a performance test made 
under paragraph (b)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Approves or disapproves a site-specific test plan; or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Administrator's authority. Approval of any waiver granted under 
this section shall not abrogate the Administrator's authority under the 
Act or in any way prohibit the Administrator from later canceling the 
waiver. The cancellation will be made only after notice is given to the 
owner or operator of the affected source.
    (c) Use of an alternative monitoring method--(1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section and 
the relevant standard.
    (2) Alternatives to monitoring methods. After receipt and 
consideration of written application, the Administrator may approve 
alternatives to any monitoring methods or procedures of this part 
including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate measurements 
due to liquid water or other interferences caused by substances within 
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is 
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified by any relevant 
standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) Conflicts between alternative and required methods. If the 
Administrator finds reasonable grounds to dispute the results obtained 
by an alternative monitoring method, requirement, or

[[Page 734]]

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

[[Page 735]]

than 50 percent of the relevant standard. For affected sources subject 
to emission limitations expressed as control efficiency levels, the 
owner or operator may petition the Administrator to substitute the 
relative accuracy test with the procedures in section 10 of Performance 
Specification 2 if the control device exhaust emission rate is less than 
50 percent of the level needed to meet the control efficiency 
requirement. The alternative procedures do not apply if the CEMS is used 
continuously to determine compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials, and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy 
test. The Administrator will review the permission to use an alternative 
to the CEMS relative accuracy test and may rescind such permission if 
the CEMS data from a successful completion of the alternative relative 
accuracy procedure indicate that the affected source's emissions are 
approaching the level of the relevant standard. The criterion for 
reviewing the permission is that the collection of CEMS data shows that 
emissions have exceeded 70 percent of the relevant standard for any 
averaging period, as specified in the relevant standard. For affected 
sources subject to emission limitations expressed as control efficiency 
levels, the criterion for reviewing the permission is that the 
collection of CEMS data shows that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for any averaging period, as specified in the relevant standard. The 
owner or operator of the affected source shall maintain records and 
determine the level of emissions relative to the criterion for 
permission to use an alternative for relative accuracy testing. If this 
criterion is exceeded, the owner or operator shall notify the 
Administrator within 10 days of such occurrence and include a 
description of the nature and cause of the increased emissions. The 
Administrator will review the notification and may rescind permission to 
use an alternative and require the owner or operator to conduct a 
relative accuracy test of the CEMS as specified in section 7 of 
Performance Specification 2.
    (d) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the recordkeeping and reporting 
requirements of this subpart and any subparts referenced by this 
subpart.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request. Electronic reporting to 
the EPA cannot be waived, and as such, compliance with the provisions of 
this paragraph does not relieve owners or operators of affected 
facilities of the requirement to submit electronic reports required in 
this subpart to the EPA.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under paragraph (a) of this section, any required compliance 
progress report or compliance status report required under this part or 
in the source's title V permit, or an excess emissions and continuous 
monitoring system performance report required under Sec.  63.999(c) or 
another subpart referenced by this subpart, whichever is applicable. The 
application shall include

[[Page 736]]

whatever information the owner or operator considers useful to convince 
the Administrator that a waiver of recordkeeping or reporting is 
warranted.
    (4) The Administrator will approve or deny a request for a waiver of 
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Makes a determination of compliance following the submission of 
a required Notification of Compliance Status report or excess emissions 
and continuous monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.

[64 FR 34921, June 29, 1999, as amended at 85 FR 40440, July 6, 2020]



Sec.  63.1113  Procedures for approval of alternative means 
of emission limitation.

    (a) Alternative means of emission limitation. An owner or operator 
of an affected source may request a determination of alternative means 
of emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this subpart or of a subpart 
referenced by this subpart. If, in the judgment of the Administrator, an 
alternative means of emission limitation will achieve a reduction in HAP 
emissions at least equivalent to the reduction in emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards (but not performance standards) in this subpart, 
the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative means for purposes of compliance 
with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and 
an opportunity for public comment.
    (b) Content of submittal. (1) In order to obtain approval, any 
person seeking permission to use an alternative means of compliance 
under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions. An owner or operator of an affected 
source seeking permission to use an alternative means of compliance who 
has not previously performed testing shall also submit a proposed test 
plan. If the owner or operator seeks permission to use an alternative 
means of compliance based on previously performed testing, they shall 
submit the results of testing, a description of the procedures followed 
in testing or monitoring, and a description of pertinent conditions 
during testing or monitoring.
    (2) The owner or operator who requests an alternative means of 
emissions limitation shall submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model storage 
vessels that accurately collect and measure all regulated HAP emissions 
using a given control technique, and that accurately simulate wind and 
account for other emission variables such as temperature and barometric 
pressure, or an engineering analysis that the Administrator determines 
to be an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements 
referenced by this subpart, the owner or operator shall also submit the 
information specified in and meet the requirements for alternate means 
of emission

[[Page 737]]

limitation specified in the referenced subparts.

[64 FR 34921, June 29, 1999, as amended at 85 FR 40440, July 6, 2020]



Sec.  63.1114  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E to this 
part, the authorities contained in paragraphs (b)(1) through (6) of this 
section are retained by the EPA Administrator and are not transferred to 
the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec.  63.1103(a)(3), (b)(3) through (5), (c)(3), (d)(3), (e)(3), 
(f)(3), (g)(3) and (4), and (h)(3) under Sec.  63.6(g). Follow the 
requirements in Sec.  63.1113 to request permission to use an 
alternative means of emission limitation. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (4) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.
    (6) Approval of an alternative to any electronic reporting to EPA 
required by this subpart.

[67 FR 46289, July 12, 2002, as amended at 85 FR 40440, July 6, 2020]

Subparts ZZ-BBB [Reserved]



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

    Source: 64 FR 33218, June 22, 1999, unless otherwise noted.



Sec.  63.1155  Applicability.

    (a) The provisions of this subpart apply to the following facilities 
and plants that are major sources for hazardous air pollutants (HAP) or 
are parts of facilities that are major sources for HAP:
    (1) All new and existing steel pickling facilities that pickle 
carbon steel using hydrochloric acid solution that contains 6 percent or 
more by weight HCl and is at a temperature of 100 [deg]F or higher; and
    (2) All new and existing hydrochloric acid regeneration plants.
    (3) The provisions of this subpart do not apply to facilities that 
pickle carbon steel without using hydrochloric acid, to facilities that 
pickle only specialty steel, or to acid regeneration plants that 
regenerate only acids other than hydrochloric acid.
    (b) For the purposes of implementing this subpart, the affected 
sources at a facility or plant subject to this subpart are as follows: 
Continuous and batch pickling lines, hydrochloric acid regeneration 
plants, and hydrochloric acid storage vessels.
    (c) Table 1 to this subpart specifies the provisions of this part 
63, subpart A that apply and those that do not apply to owners and 
operators of steel pickling facilities and hydrochloric acid 
regeneration plants subject to this subpart.
    (d) In response to an action to enforce the standards set forth in 
this subpart, the owner or operator may assert an affirmative defense to 
a claim for civil penalties for violations of such standards that are 
caused by a malfunction, as defined in Sec.  63.2. Appropriate penalties 
may be assessed, however, if the owner or operator fails to meet the 
burden of proving all the requirements in the affirmative defense. The 
affirmative defense shall not be

[[Page 738]]

available for claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a standard, the owner or operator must timely meet the reporting 
requirements of paragraph (d)(2) of this section, and must prove by a 
preponderance of evidence that:
    (i) The violation was caused by a sudden, infrequent, and 
unavoidable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal and usual manner; and 
could not have been prevented through careful planning, proper design, 
or better operation and maintenance practices; and did not stem from any 
activity or event that could have been foreseen and avoided, or planned 
for; and was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when exceeded 
violation occurred. Off-shift and overtime labor were used, to the 
extent practicable to make these repairs; and
    (iii) The frequency, amount, and duration of the violation 
(including any bypass) were minimized to the maximum extent practicable; 
and
    (iv) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the violation were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using the best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (2) Report. The owner of operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (d)(1) of this section. This affirmative defense 
report shall be included in the first periodic compliance, deviation 
report or excess emission report otherwise required after the initial 
occurrence of the violation of the relevant standard (which may be the 
end of any applicable averaging period). If such compliance, deviation 
report or excess emission report is due less than 45 days after the 
initial occurrence of the violation, the affirmation defense report may 
be included in the second compliance, deviation report or excess 
emission report due after the initial occurrence of the violation of the 
relevant standard.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec.  63.1156  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
subpart A of this part, or in this section as follows:
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Batch pickling line means the collection of equipment and tanks 
configured for pickling metal in any form but usually in discrete shapes 
where the material is lowered in batches into a bath of acid solution, 
allowed to remain until the scale is dissolved, then removed from the 
solution, drained, and rinsed by spraying or immersion in one or more 
rinse tanks to remove residual acid.
    Carbon steel means steel that contains approximately 2 percent or 
less carbon, 1.65 percent or less manganese,

[[Page 739]]

0.6 percent or less silicon, and 0.6 percent or less copper.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport emissions from a process 
unit or piece of equipment (e.g., pumps, pressure relief devices, 
sampling connections, open-ended valves or lines, connectors, and 
instrumentation systems) back into a closed system or into any device 
that is capable of reducing or collecting emissions.
    Continuous pickling line means the collection of equipment and tanks 
configured for pickling metal strip, rod, wire, tube, or pipe that is 
passed through an acid solution in a continuous or nearly continuous 
manner and rinsed in another tank or series of tanks to remove residual 
acid. This definition includes continuous spray towers.
    Hydrochloric acid regeneration plant means the collection of 
equipment and processes configured to reconstitute fresh hydrochloric 
acid pickling solution from spent pickle liquor using a thermal 
treatment process.
    Hydrochloric acid regeneration plant production mode means operation 
under conditions that result in production of usable regenerated acid or 
iron oxide.
    Hydrochloric acid storage vessel means a stationary vessel used for 
the bulk containment of virgin or regenerated hydrochloric acid.
    Responsible maintenance official means a person designated by the 
owner or operator as having the knowledge and the authority to sign 
records and reports required under this rule.
    Specialty steel means a category of steel that includes silicon 
electrical, alloy, tool, and stainless steels.
    Spray tower means an enclosed vertical tower in which acid pickling 
solution is sprayed onto moving steel strip in multiple vertical passes.
    Steel pickling means the chemical removal of iron oxide mill scale 
that is formed on steel surfaces during hot rolling or hot forming of 
semi-finished steel products through contact with an aqueous solution of 
acid where such contact occurs prior to shaping or coating of the 
finished steel product. This definition does not include removal of 
light rust or scale from finished steel products or activation of the 
metal surface prior to plating or coating.
    Steel pickling facility means any facility that operates one or more 
batch or continuous steel pickling lines.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec.  63.1157  Emission standards for existing sources.

    (a) Pickling lines. No owner or operator of an existing affected 
continuous or batch pickling line at a steel pickling facility shall 
cause or allow to be discharged into the atmosphere from the affected 
pickling line:
    (1) Any gases that contain HCl in a concentration in excess of 18 
parts per million by volume (ppmv); or
    (2) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator 
of an existing affected plant shall cause or allow to be discharged into 
the atmosphere from the affected plant any gases that contain HCl in a 
concentration greater than 25 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this 
section, no owner or operator of an existing plant shall cause or allow 
to be discharged into the atmosphere from the affected plant any gases 
that contain chlorine (Cl2) in a concentration in excess of 6 
ppmv.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec.  63.1158  Emission standards for new or reconstructed sources.

    (a) Pickling lines--(1) Continuous pickling lines. No owner or 
operator of a new or reconstructed affected continuous pickling line at 
a steel pickling facility shall cause or allow to be discharged into the 
atmosphere from the affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 6 
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 99 percent.

[[Page 740]]

    (2) Batch pickling lines. No owner or operator of a new or 
reconstructed affected batch pickling line at a steel pickling facility 
shall cause or allow to be discharged into the atmosphere from the 
affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 18 
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator 
of a new or reconstructed affected plant shall cause or allow to be 
discharged into the atmosphere from the affected plant any gases that 
contain HCl in a concentration greater than 12 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this 
section, no owner or operator of a new or reconstructed affected plant 
shall cause or allow to be discharged into the atmosphere from the 
affected plant any gases that contain Cl2 in a concentration 
in excess of 6 ppmv.



Sec.  63.1159  Operational and equipment standards for existing, new, 
or reconstructed sources.

    (a) Hydrochloric acid regeneration plant. The owner or operator of 
an affected plant must operate the affected plant at all times while in 
production mode in a manner that minimizes the proportion of excess air 
fed to the process and maximizes the process offgas temperature 
consistent with producing usable regenerated acid or iron oxide.
    (b) Hydrochloric acid storage vessels. The owner or operator of an 
affected vessel shall provide and operate, except during loading and 
unloading of acid, a closed-vent system for each vessel. Loading and 
unloading shall be conducted either through enclosed lines or each point 
where the acid is exposed to the atmosphere shall be equipped with a 
local fume capture system, ventilated through an air pollution control 
device.
    (c) General duty to minimize emissions. At all times, each owner or 
operator must operate and maintain any affected source subject to the 
requirements of this subpart, including associated air pollution control 
equipment and monitoring equipment in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require the owner or 
operator to make any further efforts to reduce emissions if levels 
required by this standard have been achieved. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec.  63.1160  Compliance dates and maintenance requirements.

    (a) Compliance dates. (1) The owner or operator of an affected 
existing steel pickling facility and/or hydrochloric acid regeneration 
plant subject to this subpart shall achieve initial compliance with the 
requirements of this subpart no later than June 22, 2001.
    (2) The owner or operator of a new or reconstructed steel pickling 
facility and/or hydrochloric acid regeneration plant subject to this 
subpart that commences construction or reconstruction after September 
18, 1997, shall achieve compliance with the requirements of this subpart 
immediately upon startup of operations or by June 22, 1999, whichever is 
later.
    (b) Maintenance requirements. (1) The owner or operator shall 
prepare an operation and maintenance plan for each emission control 
device to be implemented no later than the compliance date. The plan 
shall be incorporated by reference into the source's title V permit. All 
such plans must be consistent with good maintenance practices, and, for 
a scrubber emission control device, must at a minimum:
    (i) Require monitoring and recording the pressure drop across the 
scrubber once per shift while the scrubber is operating in order to 
identify changes that may indicate a need for maintenance;
    (ii) Require the manufacturer's recommended maintenance at the 
recommended intervals on fresh solvent pumps, recirculating pumps, 
discharge

[[Page 741]]

pumps, and other liquid pumps, in addition to exhaust system and 
scrubber fans and motors associated with those pumps and fans;
    (iii) Require cleaning of the scrubber internals and mist 
eliminators at intervals sufficient to prevent buildup of solids or 
other fouling;
    (iv) Require an inspection of each scrubber at intervals of no less 
than 3 months with:
    (A) Cleaning or replacement of any plugged spray nozzles or other 
liquid delivery devices;
    (B) Repair or replacement of missing, misaligned, or damaged 
baffles, trays, or other internal components;
    (C) Repair or replacement of droplet eliminator elements as needed;
    (D) Repair or replacement of heat exchanger elements used to control 
the temperature of fluids entering or leaving the scrubber; and
    (E) Adjustment of damper settings for consistency with the required 
air flow.
    (v) If the scrubber is not equipped with a viewport or access hatch 
allowing visual inspection, alternate means of inspection approved by 
the Administrator may be used.
    (vi) The owner or operator shall initiate procedures for corrective 
action within 1 working day of detection of an operating problem and 
complete all corrective actions as soon as practicable. Procedures to be 
initiated are the applicable actions that are specified in the 
maintenance plan. Failure to initiate or provide appropriate repair, 
replacement, or other corrective action is a violation of the 
maintenance requirement of this subpart.
    (vii) The owner or operator shall maintain a record of each 
inspection, including each item identified in paragraph (b)(2)(iv) of 
this section, that is signed by the responsible maintenance official and 
that shows the date of each inspection, the problem identified, a 
description of the repair, replacement, or other corrective action 
taken, and the date of the repair, replacement, or other corrective 
action taken.
    (2) The owner or operator of each hydrochloric acid regeneration 
plant shall develop and implement a written maintenance program. The 
program shall require:
    (i) Performance of the manufacturer's recommended maintenance at the 
recommended intervals on all required systems and components;
    (ii) Initiation of procedures for appropriate and timely repair, 
replacement, or other corrective action within 1 working day of 
detection; and
    (iii) Maintenance of a daily record, signed by a responsible 
maintenance official, showing the date of each inspection for each 
requirement, the problems found, a description of the repair, 
replacement, or other action taken, and the date of repair or 
replacement.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec.  63.1161  Performance testing and test methods.

    (a) Demonstration of compliance. The owner or operator shall conduct 
an initial performance test for each process or emission control device 
to determine and demonstrate compliance with the applicable emission 
limitation according to the requirements in Sec.  63.7 of subpart A of 
this part and in this section. Performance tests shall be conducted 
under such conditions as the Administrator specifies to the owner or 
operator based on representative performance of the affected source for 
the period being tested. Upon request, the owner or operator shall make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (b) Establishment of scrubber operating parameters. During the 
performance test for each emission control device, the owner or operator 
using a wet scrubber to achieve compliance shall establish site-specific 
operating parameter values for the minimum scrubber makeup water flow 
rate and, for scrubbers that operate with recirculation, the minimum 
recirculation water flow rate. During the emission test, each operating 
parameter must be monitored continuously and recorded with sufficient 
frequency to establish a representative average value for that 
parameter, but no less frequently than once every 15 minutes. The owner 
or operator shall determine the operating parameter monitoring values as 
the averages of the values recorded during

[[Page 742]]

any of the runs for which results are used to establish the emission 
concentration or collection efficiency per paragraph (a)(2) of this 
section. An owner or operator may conduct multiple performance tests to 
establish alternative compliant operating parameter values. Also, an 
owner or operator may reestablish compliant operating parameter values 
as part of any performance test that is conducted subsequent to the 
initial test or tests.
    (c) Establishment of hydrochloric acid regeneration plant operating 
parameters. (1) During the performance test for hydrochloric acid 
regeneration plants, the owner or operator shall establish site-specific 
operating parameter values for the minimum process offgas temperature 
and the maximum proportion of excess air fed to the process as described 
in Sec.  63.1162(b)(1) of this subpart. During the emission test, each 
operating parameter must be monitored and recorded with sufficient 
frequency to establish a representative average value for that 
parameter, but no less frequently than once every 15 minutes for 
parameters that are monitored continuously. Amount of iron in the spent 
pickle liquor shall be determined for each run by sampling the liquor 
every 15 minutes and analyzing a composite of the samples. The owner or 
operator shall determine the compliant monitoring values as the averages 
of the values recorded during any of the runs for which results are used 
to establish the emission concentration per paragraph (a)(2) of this 
section. An owner or operator may conduct multiple performance tests to 
establish alternative compliant operating parameter values. Also, an 
owner or operator may reestablish compliant operating parameter values 
as part of any performance test that is conducted subsequent to the 
initial test or tests.
    (2) [Reserved]
    (d) Test methods. (1) The following test methods in appendix A of 40 
CFR part 60 shall be used to determine compliance under Sec. Sec.  
63.1157(a), 63.1157(b), 63.1158(a), and 63.1158(b) of this subpart:
    (i) Method 1, to determine the number and location of sampling 
points, with the exception that no traverse point shall be within one 
inch of the stack or duct wall;
    (ii) Method 2, to determine gas velocity and volumetric flow rate;
    (iii) Method 3, to determine the molecular weight of the stack gas;
    (iv) Method 4, to determine the moisture content of the stack gas; 
and
    (v) Method 26A, ``Determination of Hydrogen Halide and Halogen 
Emissions from Stationary Sources--Isokinetic Method,'' to determine the 
HCl mass flows at the inlet and outlet of a control device or the 
concentration of HCl discharged to the atmosphere, and also to determine 
the concentration of Cl2 discharged to the atmosphere from 
acid regeneration plants. If compliance with a collection efficiency 
standard is being demonstrated, inlet and outlet measurements shall be 
performed simultaneously. The minimum sampling time for each run shall 
be 60 minutes and the minimum sample volume 0.85 dry standard cubic 
meters (30 dry standard cubic feet). The concentrations of HCl and 
Cl2 shall be calculated for each run as follows:

CHCl (ppmv) = 0.659 CHCl (mg/dscm),
and CC12 (ppmv) = 0.339 CC12 (mg/dscm),

where C(ppmv) is concentration in ppmv and C(mg/dscm) is concentration 
          in milligrams per dry standard cubic meter as calculated by 
          the procedure given in Method 26A.

    (2) The owner or operator may use equivalent alternative measurement 
methods approved by the Administrator.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012]



Sec.  63.1162  Monitoring requirements.

    (a) The owner or operator of a new, reconstructed, or existing steel 
pickling facility or acid regeneration plant subject to this subpart 
shall:
    (1) Conduct performance tests to measure the HCl mass flows at the 
control device inlet and outlet or the concentration of HCl exiting the 
control device according to the procedures described in Sec.  63.1161 of 
this subpart. Performance tests shall be conducted either annually or 
according to an alternative schedule that is approved by the applicable 
permitting authority, but no less frequently than every 2\1/2\ years or 
twice per title V permit term. If any

[[Page 743]]

performance test shows that the HCl emission limitation is being 
exceeded, then the owner or operator is in violation of the emission 
limit.
    (2) In addition to conducting performance tests, if a wet scrubber 
is used as the emission control device, install, operate, and maintain 
systems for the measurement and recording of the scrubber makeup water 
flow rate and, if required, recirculation water flow rate. These flow 
rates must be monitored continuously and recorded at least once per 
shift while the scrubber is operating. Operation of the wet scrubber 
with excursions of scrubber makeup water flow rate and recirculation 
water flow rate less than the minimum values established during the 
performance test or tests will require initiation of corrective action 
as specified by the maintenance requirements in Sec.  63.1160(b)(2) of 
this subpart.
    (3) If an emission control device other than a wet scrubber is used, 
install, operate, and maintain systems for the measurement and recording 
of the appropriate operating parameters.
    (4) Failure to record each of the operating parameters listed in 
paragraph (a)(2) of this section is a violation of the monitoring 
requirements of this subpart.
    (5) Each monitoring device shall be certified by the manufacturer to 
be accurate to within 5 percent and shall be calibrated in accordance 
with the manufacturer's instructions but not less frequently than once 
per year.
    (6) The owner or operator may develop and implement alternative 
monitoring requirements subject to approval by the Administrator.
    (b) The owner or operator of a new, reconstructed, or existing acid 
regeneration plant subject to this subpart shall also install, operate, 
and maintain systems for the measurement and recording of the:
    (1) Process offgas temperature, which shall be monitored 
continuously and recorded at least once every shift while the facility 
is operating in production mode; and
    (2) Parameters from which proportion of excess air is determined. 
Proportion of excess air shall be determined by a combination of total 
air flow rate, fuel flow rate, spent pickle liquor addition rate, and 
amount of iron in the spent pickle liquor, or by any other combination 
of parameters approved by the Administrator in accordance with Sec.  
63.8(f) of subpart A of this part. Proportion of excess air shall be 
determined and recorded at least once every shift while the plant is 
operating in production mode.
    (3) Each monitoring device must be certified by the manufacturer to 
be accurate to within 5 percent and must be calibrated in accordance 
with the manufacturer's instructions but not less frequently than once 
per year.
    (4) Operation of the plant with the process offgas temperature lower 
than the value established during performance testing or with the 
proportion of excess air greater than the value established during 
performance testing is a violation of the operational standard specified 
in Sec.  63.1159(a) of this subpart.
    (c) The owner or operator of an affected hydrochloric acid storage 
vessel shall inspect each vessel semiannually to determine that the 
closed-vent system and either the air pollution control device or the 
enclosed loading and unloading line, whichever is applicable, are 
installed and operating when required.



Sec.  63.1163  Notification requirements.

    (a) Initial notifications. As required by Sec.  63.9(b) of subpart A 
of this part, the owner or operator shall submit the following written 
notifications to the Administrator:
    (1) The owner or operator of an area source that subsequently 
becomes subject to the requirements of the standard shall provide 
notification to the applicable permitting authority as required by Sec.  
63.9(b)(1) of subpart A of this part.
    (2) As required by Sec.  63.9(b)(2) of subpart A of this part, the 
owner or operator of an affected source that has an initial startup 
before June 22, 1999, shall notify the Administrator that the source is 
subject to the requirements of the standard. The notification shall be 
submitted not later than October 20, 1999 (or within 120 calendar days 
after the source becomes subject to this standard), and shall contain 
the information specified in Sec. Sec.  63.9(b)(2)(i)

[[Page 744]]

through 63.9(b)(2)(v) of subpart A of this part.
    (3) As required by Sec.  63.9(b)(3) of subpart A of this part, the 
owner or operator of a new or reconstructed affected source, or a source 
that has been reconstructed such that it is an affected source, that has 
an initial startup after the effective date and for which an application 
for approval of construction or reconstruction is not required under 
Sec.  63.5(d) of subpart A of this part, shall notify the Administrator 
in writing that the source is subject to the standards no later than 120 
days after initial startup, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. The notification 
shall contain the information specified in Sec. Sec.  63.9(b)(2)(i) 
through (v) of subpart A of this part, delivered or postmarked with the 
notification required in Sec.  63.9(b)(5) of subpart A of this part.
    (4) As required by Sec.  63.9(b)(4) of subpart A of this part, the 
owner or operator of a new or reconstructed major affected source that 
has an initial startup after June 22, 1999, and for which an application 
for approval of construction or reconstruction is required under Sec.  
63.5(d) of subpart A of this part shall provide the information 
specified in Sec. Sec.  63.9(b)(4)(i) through 63.9(b)(4)(v) of subpart A 
of this part.
    (5) As required by Sec.  63.9(b)(5) of subpart A of this part, the 
owner or operator who, after June 22, 1999, intends to construct a new 
affected source or reconstruct an affected source subject to this 
standard, or reconstruct a source such that it becomes an affected 
source subject to this standard, shall notify the Administrator, in 
writing, of the intended construction or reconstruction.
    (b) Request for extension of compliance. As required by Sec.  
63.9(c) of subpart A of this part, if the owner or operator of an 
affected source cannot comply with this standard by the applicable 
compliance date for that source, or if the owner or operator has 
installed BACT or technology to meet LAER consistent with Sec.  
63.6(i)(5) of subpart A of this part, he/she may submit to the 
Administrator (or the State with an approved permit program) a request 
for an extension of compliance as specified in Sec. Sec.  63.6(i)(4) 
through 63.6(i)(6) of subpart A of this part.
    (c) Notification that source is subject to special compliance 
requirements. As required by Sec.  63.9(d) of subpart A of this part, an 
owner or operator of a new source that is subject to special compliance 
requirements as specified in Sec. Sec.  63.6(b)(3) and 63.6(b)(4) of 
subpart A of this part shall notify the Administrator of his/her 
compliance obligations not later than the notification dates established 
in Sec.  63.9(b) of subpart A of this part for new sources that are not 
subject to the special provisions.
    (d) Notification of performance test. As required by Sec.  63.9(e) 
of subpart A of this part, the owner or operator of an affected source 
shall notify the Administrator in writing of his or her intention to 
conduct a performance test at least 60 calendar days before the 
performance test is scheduled to begin, to allow the Administrator to 
review and approve the site-specific test plan required under Sec.  
63.7(c) of subpart A of this part and, if requested by the 
Administrator, to have an observer present during the test.
    (e) Notification of compliance status. The owner or operator of an 
affected source shall submit a notification of compliance status as 
required by Sec.  63.9(h) of subpart A of this part when the source 
becomes subject to this standard.

[64 FR 33218, June 22, 1999, as amended at 85 FR 73897, Nov. 19, 2020]



Sec.  63.1164  Reporting requirements.

    (a) Reporting results of performance tests. Within 60 days after the 
date of completing each performance test (defined in Sec.  63.2), as 
required by this subpart you must submit the results of the performance 
tests, including any associated fuel analyses, required by this subpart 
to the EPA's WebFIRE database by using the Compliance and Emissions Data 
Reporting Interface (CEDRI) that is accessed through the EPA's Central 
Data Exchange (CDX) (www.epa.gov/;cdx). Performance test data must be 
submitted in the file format generated through use of the EPA's 
Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/
index.html). Only data collected using test methods on the ERT Web site 
are

[[Page 745]]

subject to this requirement for submitting reports electronically to 
WebFIRE. Owners or operators who claim that some of the information 
being submitted for performance tests is confidential business 
information (CBI) must submit a complete ERT file including information 
claimed to be CBI on a compact disk, flash drive or other commonly used 
electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same ERT file with the CBI omitted must be submitted to 
the EPA via CDX as described earlier in this paragraph. At the 
discretion of the delegated authority, you must also submit these 
reports, including the confidential business information, to the 
delegated authority in the format specified by the delegated authority. 
For any performance test conducted using test methods that are not 
listed on the ERT Web site, the owner or operator shall submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.
    (b) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports under Sec.  63.6(i) of 
subpart A of this part shall submit such reports to the Administrator 
(or the State with an approved permit program) by the dates specified in 
the written extension of compliance.
    (c) Reporting malfunctions. The number, duration, and a brief 
description for each type of malfunction which occurred during the 
reporting period and which caused or may have caused any applicable 
emission limitation to be exceeded shall be stated in a semiannual 
report. The report must also include a description of actions taken by 
an owner or operator during a malfunction of an affected source to 
minimize emissions in accordance with Sec.  63.1159(c), including 
actions taken to correct a malfunction. The report, to be certified by 
the owner or operator or other responsible official, shall be submitted 
semiannually and delivered or postmarked by the 30th day following the 
end of each calendar half.

[64 FR 33218, June 22, 1999, as amended at 71 FR 20458, Apr. 20, 2006; 
77 FR 58251, Sept. 19, 2012]



Sec.  63.1165  Recordkeeping requirements.

    (a) General recordkeeping requirements. As required by Sec.  
63.10(b)(2) of subpart A of this part, the owner or operator shall 
maintain records for 5 years from the date of each record of:
    (1) The occurrence and duration of each malfunction of operation 
(i.e., process equipment);
    (2) The occurrence and duration of each malfunction of the air 
pollution control equipment;
    (3) All maintenance performed on the air pollution control 
equipment;
    (4) Actions taken during periods of malfunction to minimize 
emissions in accordance with Sec.  63.1259(c) and the dates of such 
actions (including corrective actions to restore malfunctioning process 
and air pollution control equipment to its normal or usual manner of 
operation);
    (5) All required measurements needed to demonstrate compliance with 
the standard and to support data that the source is required to report, 
including, but not limited to, performance test measurements (including 
initial and any subsequent performance tests) and measurements as may be 
necessary to determine the conditions of the initial test or subsequent 
tests;
    (6) All results of initial or subsequent performance tests;
    (7) If the owner or operator has been granted a waiver from 
recordkeeping or reporting requirements under Sec.  63.10(f) of subpart 
A of this part, any information demonstrating whether a source is 
meeting the requirements for a waiver of recordkeeping or reporting 
requirements;
    (8) If the owner or operator has been granted a waiver from the 
initial performance test under Sec.  63.7(h) of subpart A of this part, 
a copy of the full request and the Administrator's approval or 
disapproval;
    (9) All documentation supporting initial notifications and 
notifications of compliance status required by Sec.  63.9 of subpart A 
of this part; and

[[Page 746]]

    (10) Records of any applicability determination, including 
supporting analyses.
    (b) Subpart CCC records. (1) In addition to the general records 
required by paragraph (a) of this section, the owner or operator shall 
maintain records for 5 years from the date of each record of:
    (i) Scrubber makeup water flow rate and recirculation water flow 
rate if a wet scrubber is used;
    (ii) Calibration and manufacturer certification that monitoring 
devices are accurate to within 5 percent; and
    (iii) Each maintenance inspection and repair, replacement, or other 
corrective action.
    (2) The owner or operator of an acid regeneration plant shall also 
maintain records for 5 years from the date of each record of process 
offgas temperature and parameters that determine proportion of excess 
air.
    (3) The owner or operator shall keep the written operation and 
maintenance plan on record after it is developed to be made available 
for inspection, upon request, by the Administrator for the life of the 
affected source or until the source is no longer subject to the 
provisions of this subpart. In addition, if the operation and 
maintenance plan is revised, the owner or operator shall keep previous 
(i.e., superseded) versions of the plan on record to be made available 
for inspection by the Administrator for a period of 5 years after each 
revision to the plan.
    (c) Recent records. General records and subpart CCC records for the 
most recent 2 years of operation must be maintained on site. Records for 
the previous 3 years may be maintained off site.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012]



Sec.  63.1166  Implementation and enforcement.

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

[68 FR 37356, June 23, 2003]



Sec. Sec.  63.1167-63.1174  [Reserved]

[[Page 747]]



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

------------------------------------------------------------------------
                                    Applies to
           Reference               Subpart CCC          Explanation
------------------------------------------------------------------------
63.1-63.5.....................  Yes.
63.6 (a)-(d)..................  Yes..............
63.6(e)(1)(i).................  No...............  See Sec.   63.1259(c)
                                                    for general duty
                                                    requirement. Any
                                                    cross-reference to
                                                    Sec.   63.6(e)(1)(i)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1259(c).
63.6(e)(1)(ii)................  No...............
63.6(e)(1)(iii)...............  Yes..............
63.6(e)(2)....................  No...............  Section reserved.
63.6(e)(3)....................  No...............
63.6(f)(1)....................  No...............
63.6(f)(2)-(3)................  Yes..............
63.6(g).......................  Yes..............
63.6(h).......................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.6 (i)-(j)..................  Yes.
63.7..........................  Yes..............
63.8(a)-(c)...................  Yes..............
63.8(d)(1)-(2)................  Yes..............
63.8(d)(3)....................  Yes, except for
                                 last sentence.
63.8(e)-(f)...................  Yes..............
63.9(j).......................  Yes..............
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
63.10(a)......................  Yes..............
63.10(b)(1)...................  Yes..............
63.10(b)(2)(i)................  No...............
63.10(b)(2)(ii)...............  No...............  See Sec.
                                                    63.1265(a)(1) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions. See
                                                    Sec.   63.1265(a)(4)
                                                    for recordkeeping of
                                                    actions taken during
                                                    malfunction. Any
                                                    cross-reference to
                                                    Sec.
                                                    63.10(b)(2)(ii) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1265(a)(1).
63.10(b)(2)(iii)..............  Yes..............
63.10(b)(2)(iv)-(b)(2)(v).....  No...............
63.10(b)(2)(vi)-(b)(2)(xiv)...  Yes..............
63.10(b)(3)...................  Yes..............
63.10(c)(1)-(9)...............  Yes..............
63.10(c)(10)..................  No...............  See Sec.   63.1164(c)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    Sec.   63.10(c)(10)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1164(c).
63.10(c)(11)..................  No...............  See Sec.   63.1164(c)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    Sec.   63.10(c)(11)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1164(c).
63.10(c)(12)-(c)(14)..........  Yes..............
63.10(c)(15)..................  No...............
63.10(d)(1)-(2)...............  Yes.
63.10(d)(3)...................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.10(d)(4)...................  Yes..............
63.10(d)(5)...................  No...............
63.10(e)-(f)..................  Yes.
63.11.........................  No...............  Subpart CCC does not
                                                    require the use of
                                                    flares.
63.12-63.15...................  Yes..............
------------------------------------------------------------------------


[[Page 748]]


[64 FR 33218, June 22, 1999, as amended at 77 FR 58252, Sept. 19, 2012; 
85 FR 73897, Nov. 19, 2020]



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

    Source: 64 FR 29503, June 1, 1999, unless otherwise noted.



Sec.  63.1175  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants emitted from existing, new, and reconstructed cupolas and 
curing ovens at facilities that produce mineral wool.



Sec.  63.1176  Where can I find definitions of key words used in this subpart?

    The definitions of key words used in this subpart are in the Clean 
Air Act (Act), in Sec.  63.2 of the general provisions in subpart A of 
this part, and in Sec.  63.1196 of this subpart.



Sec.  63.1177  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an existing, 
new, or reconstructed mineral wool production facility that is located 
at a plant site that is a major source of hazardous air pollutant (HAP) 
emissions, meaning the plant emits or has the potential to emit any 
single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any 
combination of HAPs at a rate of 22.68 megagrams (25 tons) or more per 
year.

                                Standards



Sec.  63.1178  For cupolas, what standards must I meet?

    (a) You must control emissions from each cupola as specified in 
Table 2 to this subpart.
    (b) You must meet the following operating limits for each cupola:
    (1) Begin within one hour after the alarm on a bag leak detection 
system sounds, and complete in a timely manner, corrective actions as 
specified in your operations, maintenance, and monitoring plan required 
by Sec.  63.1187 of this subpart.
    (2) When the alarm on a bag leak detection system sounds for more 
than five percent of the total operating time in a six-month reporting 
period, develop and implement a written quality improvement plan (QIP) 
consistent with the compliance assurance monitoring requirements of 
Sec.  64.8(b)-(d) of 40 CFR part 64.
    (3) Additionally, on or after the applicable compliance date for 
each new or reconstructed cupola, you must either:
    (i) Maintain the operating temperature of the incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test, or
    (ii) Maintain the percent excess oxygen in the cupola at or above 
the level established during the performance test. You must determine 
the percent excess oxygen using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JY15.000

Where:

Percent excess oxygen = Percentage of excess oxygen present above the 
          stoichiometric balance of 1.00, (%).
1.00 = Ratio of oxygen in a cupola combustion chamber divided by the 
          stoichiometric quantity of oxygen required to obtain complete 
          combustion of fuel.
Oxygen available = Quantity of oxygen introduced into the cupola 
          combustion zone.
Fuel demand for oxygen = Required quantity of oxygen for stoichiometric 
          combustion of the quantity of fuel present.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015]

[[Page 749]]



Sec.  63.1179  For curing ovens or combined collection/curing operations, 
what standards must I meet?

    (a) You must control emissions from each curing oven or combined 
collection/curing operations as specified in Table 2 to this subpart.
    (b) You must meet the following operating limits for each curing 
oven or combined collection/curing operation:
    (1) Maintain the free-formaldehyde content of each resin lot and the 
formaldehyde content of each binder formulation at or below the 
specification ranges of the resin and binder used during the performance 
test.
    (2) Maintain the operating temperature of each incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015]



Sec.  63.1180  When must I meet these standards?

    (a) Cupolas and curing ovens or combined collection/curing 
operations. You must comply with the emissions limits specified in Table 
2 to this subpart no later than the dates specified in Table 2 to this 
subpart.
    (b) 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.

[80 FR 45329, July 29, 2015]

                        Compliance With Standards



Sec.  63.1181  How do I comply with the particulate matter standards 
for existing, new, and reconstructed cupolas?

    To comply with the PM standards, you must meet all of the following:
    (a) Install, adjust, maintain, and continuously operate a bag leak 
detection system for each fabric filter.
    (b) Do a performance test as specified in Sec.  63.1188 of this 
subpart and show compliance with the PM emission limits while the bag 
leak detection system is installed, operational, and properly adjusted.
    (c) Begin corrective actions specified in your operations, 
maintenance, and monitoring plan required by Sec.  63.1187 of this 
subpart within one hour after the alarm on a bag leak detection system 
sounds. Complete the corrective actions in a timely manner.
    (d) Develop and implement a written QIP consistent with compliance 
assurance monitoring requirements of 40 CFR 64.8(b) through (d) when the 
alarm on a bag leak detection system sounds for more than five percent 
of the total operating time in a six-month reporting period.



Sec.  63.1182  How do I comply with the carbon monoxide, carbonyl sulfide, 
hydrogen fluoride, and hydrogen chloride standards for existing, new, 
and reconstructed cupolas?

    To comply with the carbon monoxide, carbonyl sulfide, hydrogen 
fluoride, and hydrogen chloride standards, you must meet the following:
    (a) Install, calibrate, maintain, and operate a device that 
continuously measures the operating temperature in the firebox of each 
thermal incinerator.
    (b) Conduct a performance test as specified in Sec.  63.1188 that 
shows compliance with the carbon monoxide, carbonyl sulfide, hydrogen 
fluoride, and hydrogen chloride emissions limits specified in Table 2 to 
this subpart, while the device for measuring incinerator operating 
temperature is installed, operational, and properly calibrated. 
Establish the average operating temperature based on the performance 
test as specified in Sec.  63.1185(a).
    (c) Following the performance test, measure and record the average 
operating temperature of the incinerator as specified in Sec.  
63.1185(b) of this subpart.
    (d) Maintain the operating temperature of the incinerator so that 
the average operating temperature for each three-hour block period never 
falls

[[Page 750]]

below the average temperature established during the performance test.
    (e) Operate and maintain the incinerator as specified in your 
operations, maintenance, and monitoring plan required by Sec.  63.1187 
of this subpart.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015]



Sec.  63.1183  How do I comply with the formaldehyde, phenol, 
and methanol standards for existing, new, and reconstructed combined 
collection/curing operations?

    To comply with the formaldehyde, phenol, and methanol standards, you 
must meet all of the following:
    (a) Install, calibrate, maintain, and operate a device that 
continuously measures the operating temperature in the firebox of each 
thermal incinerator.
    (b) Conduct a performance test as specified in Sec.  63.1188 while 
manufacturing the product that requires a binder formulation made with 
the resin containing the highest free-formaldehyde content specification 
range. Show compliance with the formaldehyde, phenol, and methanol 
emissions limits, specified in Table 2 to this subpart, while the device 
for measuring the control device operating parameter is installed, 
operational, and properly calibrated. Establish the average operating 
parameter based on the performance test as specified in Sec.  
63.1185(a).
    (c) During the performance test that uses the binder formulation 
made with the resin containing the highest free-formaldehyde content 
specification range, record the free-formaldehyde content specification 
range of the resin used, and the formulation of the binder used, 
including the formaldehyde content and binder specification.
    (d) Following the performance test, monitor and record the free-
formaldehyde content of each resin lot and the formulation of each batch 
of binder used, including the formaldehyde, phenol, and methanol 
content.
    (e) Maintain the free-formaldehyde content of each resin lot and the 
formaldehyde content of each binder formulation at or below the 
specification ranges established during the performance test.
    (f) Following the performance test, measure and record the average 
operating temperature of the incinerator as specified in Sec.  
63.1185(b) of this subpart.
    (g) Maintain the operating temperature of the incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test.
    (h) Operate and maintain the incinerator as specified in your 
operations, maintenance, and monitoring plan required by Sec.  63.1187 
of this subpart.
    (i) With prior approval from the Administrator, you may do short-
term experimental production runs using resin where the free-
formaldehyde content, or binder formulations where the formaldehyde 
content, is higher than the specification ranges of the resin and binder 
used during previous performance tests, or using experimental pollution 
prevention process modifications without first doing additional 
performance tests. Notification of intent to perform a short-term 
experimental production run must include the following information:
    (1) The purpose of the experimental run.
    (2) The affected production process.
    (3) How the resin free-formaldehyde content or binder formulation 
will deviate from previously approved levels or what the experimental 
pollution prevention process modifications are.
    (4) The duration of the experimental run.
    (5) The date and time of the experimental run.
    (6) A description of any emissions testing to be done during the 
experimental run.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]

                    Additional Monitoring Information



Sec.  63.1184  What do I need to know about the design specifications, 
installation, and operation of a bag leak detection system?

    A bag leak detection system must meet the following requirements:
    (a) The bag leak detection system must be certified by the 
manufacturer

[[Page 751]]

to be capable of detecting PM emissions at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (b) The sensor on the bag leak detection system must provide output 
of relative PM emissions.
    (c) The bag leak detection system must have an alarm that will sound 
automatically when it detects an increase in relative PM emissions 
greater than a preset level.
    (d) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (e) For a positive-pressure fabric filter, each compartment or cell 
must have a bag leak detector. For a negative-pressure or induced-air 
fabric filter, the bag leak detector must be installed downstream of the 
fabric filter. If multiple bag leak detectors are required (for either 
type of fabric filter), detectors may share the system instrumentation 
and alarm.
    (f) Each triboelectric bag leak detection system must be installed, 
operated, adjusted, and maintained so that it follows EPA's ``Fabric 
Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). 
Other bag leak detection systems must be installed, operated, adjusted, 
and maintained so that they follow the manufacturer's written 
specifications and recommendations.
    (g) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (1) Adjust the range and the averaging period of the device.
    (2) Establish the alarm set points and the alarm delay time.
    (h) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the operations, maintenance, and monitoring plan required by Sec.  
63.1187 of this subpart. In no event may the range be increased by more 
than 100 percent or decreased by more than 50 percent over a 365 day 
period unless a responsible official as defined in Sec.  63.2 of the 
general provisions in subpart A of this part certifies in writing to the 
Administrator that the fabric filter has been inspected and found to be 
in good operating condition.



Sec.  63.1185  How do I establish the average operating temperature 
of an incinerator?

    (a) During the performance test, you must establish the average 
operating temperature of an incinerator as follows:
    (1) Continuously measure the operating temperature of the 
incinerator.
    (2) Determine and record the average temperatures in consecutive 15-
minute blocks.
    (3) Determine and record the arithmetic average of the recorded 
average temperatures measured in consecutive 15-minute blocks for each 
of the one-hour performance test runs.
    (4) Determine and record the arithmetic average of the three one-
hour average temperatures during the performance test runs. The average 
of the three one-hour performance test runs establishes the temperature 
level to use to monitor compliance.
    (b) To comply with the requirements for maintaining the operating 
temperature of an incinerator after the performance test, you must 
measure and record the average operating temperature of the incinerator 
as required by Sec. Sec.  63.1182 and 63.1183 of this subpart. This 
average operating temperature of the incinerator is based on the 
arithmetic average of the one-hour average temperatures for each 
consecutive three-hour period and is determined in the same manner 
described in paragraphs (a)(1) through (a)(4) of this section.



Sec.  63.1186  How may I change the compliance levels of monitored parameters?

    You may change control device and process operating parameter levels 
established during performance tests and used to monitor compliance if 
you do the following:
    (a) You must notify the Administrator of your desire to expand the 
range of a control device or process operating parameter level.
    (b) Upon approval from the Administrator, you must conduct 
additional performance tests at the proposed new

[[Page 752]]

control device or process operating parameter levels. Before operating 
at these levels, the performance test results must verify that, at the 
new levels, you comply with the emission limits in Sec. Sec.  63.1178 
and 63.1179 of this subpart.



Sec.  63.1187  What do I need to know about operations, maintenance, 
and monitoring plans?

    (a) An operations, maintenance, and monitoring plan must be 
submitted to the Administrator for review and approval as part of your 
application for the title V permit.
    (b) The operations, maintenance, and monitoring plan must include 
the following:
    (1) Process and control device parameters you will monitor to 
determine compliance, along with established operating levels or ranges 
for each process or control device.
    (2) A monitoring schedule.
    (3) Procedures for properly operating and maintaining control 
devices used to meet the standards in Sec. Sec.  63.1178 and 63.1179 of 
this subpart. These procedures must include an inspection of each 
incinerator at least once per year. At a minimum, you must do the 
following as part of an incinerator inspection:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation. Clean pilot sensor if necessary.
    (ii) Ensure proper adjustment of combustion air, and adjust if 
necessary.
    (iii) Inspect, when possible, all internal structures (such as 
baffles) to ensure structural integrity per the design specifications.
    (iv) Inspect dampers, fans, and blowers for proper operation.
    (v) Inspect motors for proper operation.
    (vi) Inspect, when possible, combustion chamber refractory lining. 
Clean, and repair or replace lining if necessary.
    (vii) Inspect incinerator shell for proper sealing, corrosion, and/
or hot spots.
    (viii) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments.
    (ix) Generally observe whether the equipment is maintained in good 
operating condition.
    (x) Complete all necessary repairs as soon as practicable.
    (4) Procedures for keeping records to document compliance.
    (5) Corrective actions you will take if process or control device 
parameters vary from the levels established during performance testing. 
For bag leak detection system alarms, example corrective actions that 
may be included in the operations, maintenance, and monitoring plan 
include:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.

                      Performance Tests and Methods



Sec.  63.1188  What performance test requirements must I meet?

    You must meet the following performance test requirements:
    (a) All monitoring systems and equipment must be installed, 
operational, and properly calibrated before the performance tests.
    (b) Conduct a performance test, consisting of three test runs, for 
each cupola and curing oven or combined collection/curing operation 
subject to this subpart at the maximum production rate to demonstrate 
compliance with each of the applicable emissions limits specified in 
Table 2 to this subpart.
    (c) Following the initial performance or compliance test to be 
conducted within 180 days of the effective date of this rule, you must 
conduct a performance test to demonstrate compliance with each of the 
applicable emissions limits specified in Table 2 to this subpart, at 
least once every 5 years.
    (d) To demonstrate compliance with the applicable emission limits 
specified

[[Page 753]]

in Table 2 to this subpart, measure emissions of PM, carbon monoxide, 
carbonyl sulfide, hydrogen fluoride, and hydrogen chloride from each 
existing, new, or reconstructed cupola.
    (e) To demonstrate compliance with the applicable emission limits 
specified in Table 2 to this subpart, measure emissions of formaldehyde, 
phenol, and methanol from each existing, new, or reconstructed curing 
oven or combined collection/curing operation.
    (f) To demonstrate compliance with the applicable emission limits 
specified in Table 2 to this subpart, measure emissions at the outlet of 
the control device for PM, carbon monoxide, carbonyl sulfide, hydrogen 
fluoride, hydrogen chloride, formaldehyde, phenol, and methanol.
    (g) To determine the average melt rate, measure and record the 
amount of raw materials, excluding coke, charged into and melted in each 
cupola during each performance test run. Determine and record the 
average hourly melt rate for each performance test run. Determine and 
record the arithmetic average of the average hourly melt rates 
associated with the three performance test runs. The average hourly melt 
rate of the three performance test runs is used to determine compliance 
with the applicable emission limits.
    (h) Compute and record the average emissions of the three 
performance test runs and use the equations in Sec.  63.1190 of this 
subpart to determine compliance with the applicable emission limits.
    (i) Comply with control device and process operating parameter 
monitoring requirements for performance testing as specified in this 
subpart.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]



Sec.  63.1189  What test methods do I use?

    You must use the following test methods to determine compliance with 
the applicable emission limits:
    (a) Method 1 in appendix A to part 60 of this chapter for the 
selection of the sampling port locations and number of sampling ports.
    (b) Method 2 in appendix A to part 60 of this chapter for stack gas 
velocity and volumetric flow rate.
    (c) Method 3 or 3A in appendix A to part 60 of this chapter for 
oxygen and carbon dioxide for diluent measurements needed to correct the 
concentration measurements to a standard basis.
    (d) Method 4 in appendix A to part 60 of this chapter for moisture 
content of the stack gas.
    (e) Method 5 in appendix A to part 60 of this chapter for the 
concentration of PM. Each PM test run must consist of a minimum run time 
of three hours and a minimum sample volume of 3.75 dscm (135 dscf).
    (f) Method 10 in appendix A to part 60 of this chapter for the 
concentration of CO, using the continuous sampling option described in 
section 7.1.1 of the method. Each CO test run must consist of a minimum 
run time of one hour.
    (g) Method 318 at 40 CFR part 60, appendix A to this part for the 
concentration of formaldehyde, phenol, methanol, and carbonyl sulfide.
    (h) Method to determine the free-formaldehyde content of each resin 
lot in appendix A of this subpart.
    (i) Method 26A or 320 at 40 CFR part 60, appendix A to this part for 
the concentration of hydrogen fluoride and hydrogen chloride.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]



Sec.  63.1190  How do I determine compliance?

    (a) Using the results of the performance tests, you must use the 
following equation to determine compliance with the PM emission limit:
[GRAPHIC] [TIFF OMITTED] TR01JN99.015

where:

E = Emission rate of PM, kg/Mg (lb/ton) of melt.
C = Concentration of PM, g/dscm (gr/dscf).
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).
K 51 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr).
P = Average melt rate, Mg/hr (ton/hr).

    (b) Using the results from the performance tests, you must use the 
following equation to determine compliance with the carbon monoxide, 
carbonyl sulfide, hydrogen fluoride, hydrogen chloride, formaldehyde, 
phenol,

[[Page 754]]

and methanol numerical emissions limits as specified in Table 2 to this 
subpart:
[GRAPHIC] [TIFF OMITTED] TR01JN99.016

where:

E = Emission rate of measured pollutant, kg/Mg (lb/ton) of melt.
C = Measured volume fraction of pollutant, ppm.
MW = Molecular weight of measured pollutant, g/g-mole: Carbon monoxide = 
          28.01, carbonyl sulfide = 60.07, hydrogen fluoride = 20.01, 
          hydrogen chloride = 36.46, Formaldehyde = 30.03, Phenol = 
          94.11, Methanol = 32.04.
CO = 28.01, Formaldehyde = 30.03.
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).
K1 = Conversion factor, 1 kg/1,000 g (1 lb/453.6 g).
K2 = Conversion factor, 1,000 L/m\3\ (28.3 L/ft\3\).
K3 = Conversion factor, 24.45 L/g-mole.
P = Average melt rate, Mg/hr (ton/hr).


[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]

               Notification, Recordkeeping, and Reporting



Sec.  63.1191  What notifications must I submit?

    You must submit written or electronic notifications to the 
Administrator as required by Sec.  63.9(b) through (h). Electronic 
notifications are encouraged when possible. These notifications include, 
but are not limited to, the following:
    (a) Notification that the following types of sources are subject to 
the standard:
    (1) An area source that increases its emissions so that it becomes a 
major source.
    (2) A source that has an initial startup before the effective date 
of the standard.
    (3) A new or reconstructed source that has an initial startup after 
the effective date of the standard and doesn't require an application 
for approval of construction or reconstruction under Sec.  63.5(d) of 
the general provisions in subpart A of this part.
    (b) Notification of intention to construct a new major source or 
reconstruct a major source where the initial startup of the new or 
reconstructed source occurs after the effective date of the standard and 
an application for approval of construction or reconstruction under 
Sec.  63.5(d) of the general provisions in subpart A of this part is 
required.
    (c) Notification of special compliance obligations for a new source 
that is subject to special compliance requirements in Sec.  63.6(b)(3) 
and (4) of the general provisions in subpart A of this part.
    (d) Notification of a performance test at least 60 calendar days 
before the performance test is scheduled to begin.
    (e) Notification of compliance status.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]



Sec.  63.1192  What recordkeeping requirements must I meet?

    You must meet the following recordkeeping requirements:
    (a) Maintain files of all information required by Sec.  63.10(b) of 
the general provisions in subpart A of this part, including all 
notifications and reports.
    (b) Maintain records of the following information also:
    (1) Cupola production (melt) rate (Mg/hr (tons/hr) of melt).
    (2) All bag leak detection system alarms. Include the date and time 
of the alarm, when corrective actions were initiated, the cause of the 
alarm, an explanation of the corrective actions taken, and when the 
cause of the alarm was corrected.
    (3) The free-formaldehyde content of each resin lot and the binder 
formulation, including formaldehyde content, of each binder batch used 
in the manufacture of bonded products.
    (4) Incinerator operating temperature and results of incinerator 
inspections. For all periods when the average temperature in any three-
hour block period fell below the average temperature established during 
the performance test, and all periods when the inspection identified 
incinerator components in need of repair or maintenance, include the 
date and time of the problem, when corrective actions were initiated, 
the cause of the problem, an explanation of the corrective actions 
taken, and when the cause of the problem was corrected.

[[Page 755]]

    (c) Retain each record for at least five years following the date of 
each occurrence, measurement, corrective action, maintenance, record, or 
report. The most recent two years of records must be retained at the 
facility. The remaining three years of records may be retained off site.
    (d) Records must be maintained in a form suitable and readily 
available for expeditious review, according to Sec.  63.10 of the 
General Provisions that are referenced in Table 1 to this subpart. 
Electronic recordkeeping is encouraged.
    (e) Report the required information on paper or on a labeled 
computer disk using commonly available and compatible computer software.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]



Sec.  63.1193  What reports must I submit?

    You must prepare and submit reports to the Administrator as required 
by this subpart and Sec.  63.10 of the general provisions in subpart A 
of this part. These reports include, but are not limited to, the 
following:
    (a) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(a)(1) or (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), you must 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 must be submitted in a file format 
generated through the use of the EPA's ERT. Alternatively, you 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. If you claim that some of 
the performance test information being submitted is confidential 
business information (CBI), you must 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 disc, 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: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must 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, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.
    (b) [Reserved]
    (c) A report of each event as required by Sec.  63.10(b) of the 
general provisions in subpart A of this part, including a report if an 
action taken during a startup, shutdown, or malfunction is inconsistent 
with the procedures in the plan as described in Sec.  63.6(e)(3) of the 
general provisions in subpart A of this part.
    (d) An operations, maintenance, and monitoring plan as specified in 
Sec.  63.1187 of this subpart.
    (e) A semiannual report as required by Sec.  63.10(e)(3) of the 
general provisions in subpart A of this part if measured emissions 
exceed the applicable standard or a monitored parameter varies from the 
level established during performance testing. The report must contain 
the information specified in Sec.  63.10(c) of the general provisions, 
as well as the relevant records required by Sec.  63.1192(b) of this 
subpart.
    (f) A semiannual report stating that no excess emissions or 
deviations of monitored parameters occurred during the reporting period 
as required by Sec.  63.10(e)(3)(v) of the general provisions in subpart 
A of this part if no deviations have occurred.
    (g) All reports required by this subpart not subject to the 
requirements in paragraph (a) of this section must be

[[Page 756]]

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 (a) of this section in paper format.

[64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015]

                   Other Requirements and Information



Sec.  63.1194  Which general provisions apply?

    The general provisions in subpart A of this part define requirements 
applicable to all owners and operators affected by NESHAP in part 63. 
See Table 1 of this subpart for general provisions that apply (or don't 
apply) to you as an owner or operator subject to the requirements of 
this subpart.



Sec.  63.1195  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1177 through 63.1180.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37356, June 23, 2003]



Sec.  63.1196  What definitions should I be aware of?

    Terms used in this subpart are defined in the Act, in Sec.  63.2 of 
the general provisions in subpart A of this part, and in this section as 
follows:
    Bag leak detection system means a monitoring device for a fabric 
filter that identifies an increase in particulate matter emissions 
resulting from a broken filter bag or other malfunction and sounds an 
alarm.
    Bonded product means mineral wool to which a hazardous air 
pollutant-based binder (containing such hazardous air pollutants as 
phenol or formaldehyde) has been applied.
    Closed-top cupola means a cupola that operates as a closed (process) 
system and has a restricted air flow rate.
    CO means, for the purposes of this subpart, emissions of carbon 
monoxide that serve as a surrogate for emissions of carbonyl sulfide, a 
compound included on the list of hazardous air pollutants in section 112 
of the Act.
    Combined collection/curing operations means the combination of fiber 
collection operations and curing ovens used to make bonded products.
    Cupola means a large, water-cooled metal vessel to which is charged 
a mixture of fuel, rock and/or slag, and additives. As the fuel is 
burned, the charged mixture is heated to a molten state for later 
processing to form mineral wool.
    Curing oven means a chamber in which heat is used to thermoset a 
binder on the mineral wool fiber used to make bonded products.
    Fabric filter means an air pollution control device used to capture 
particulate matter by filtering gas streams through fabric bags. It also 
is known as a baghouse.

[[Page 757]]

    Formaldehyde means, for the purposes of this subpart, emissions of 
formaldehyde that, in addition to being a HAP itself, serve as a 
surrogate for organic compounds included on the list of hazardous air 
pollutants in section 112 of the Act, including but not limited to 
phenol.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    I means the owner or operator of a mineral wool production facility.
    Incinerator means an enclosed air pollution control device that uses 
controlled flame combustion to convert combustible materials to 
noncombustible gases. For the purposes of this subpart, the term 
``incinerator'' means ``regenerative thermal oxidizer''.
    Melt means raw materials, excluding coke, that are charged into the 
cupola, heated to a molten state, and discharged to the fiber forming 
and collection process.
    Melt rate means the mass of molten material discharged from a single 
cupola over a specified time period.
    Mineral wool means a fibrous glassy substance made from natural rock 
(such as basalt), blast furnace slag or other slag, or a mixture of rock 
and slag. It may be used as a thermal or acoustical insulation material 
or in the making of other products to provide structural strength, sound 
absorbency, fire resistance, or other required properties.
    New Source means any affected source that commences construction or 
reconstruction after May 8, 1997 for purposes of determining the 
applicability of the emissions limits in Rows 1-4 of Table 2. For all 
other emission limits new source means any affected source that 
commences construction or reconstruction after November 25, 2011.
    Open-top cupola means a cupola that is open to the outside air and 
operates with an air flow rate that is unrestricted and at low pressure.
    PM means, for the purposes of this subpart, emissions of particulate 
matter that serve as a surrogate for metals (in particulate or volatile 
form) on the list of hazardous air pollutants in section 112 of the Act, 
including but not limited to: antimony, arsenic, beryllium, cadmium, 
chromium, lead, manganese, nickel, and selenium.
    Slag means the by-product materials separated from metals during 
smelting and refining of raw ore.
    You means the owner or operator of a mineral wool production 
facility.

[76 FR 74708, Dec. 1, 2011, as amended at 80 FR 45331, July 29, 2015]



Sec.  63.1197  Startups and shutdowns.

    (a) The provisions set forth in this subpart apply at all times.
    (b) You must not shut down items of equipment that are utilized for 
compliance with this subpart during times when emissions are being, or 
are otherwise required to be, routed to such items of equipment.
    (c) Startup begins when fuels are ignited in the cupola. Startup 
ends when the cupola produces molten material.
    (d) Shutdown begins when the cupola has reached the end of the 
melting campaign and is empty. No molten material continues to flow from 
the cupola during shutdown.
    (e) During periods of startups and shutdowns you must operate your 
cupola according to one of the following methods:
    (1) You must keep records showing that your emissions were 
controlled using air pollution control devices operated at the 
parameters established by the most recent performance test that showed 
compliance with the standard; or
    (2) You must keep records showing the following:
    (i) You used only clean fuels during startup and shutdown; and
    (ii) You operate the cupola during startup and shutdown with three 
percent oxygen over the fuel demand for oxygen.

[80 FR 45331, July 29, 2015]



Sec. Sec.  63.1198-63.1199  [Reserved]

[[Page 758]]



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

----------------------------------------------------------------------------------------------------------------
                                                                  Applies to subpart
    General provisions citation             Requirement                  DDD?                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(6).............  General Applicability.....  Yes..................
Sec.   63.1(a)(7)-(9).............  ..........................  No...................  [Reserved].
Sec.   63.1(a)(10)-(12)...........  ..........................  Yes..................
Sec.   63.1(b)(1).................  Initial Applicability       Yes..................
                                     Determination.
Sec.   63.1(b)(2).................  ..........................  No...................  [Reserved].
Sec.   63.1(b)(3).................  ..........................  Yes..................
Sec.   63.1(c)(1)-(2).............  Applicability After         Yes..................
                                     Standard Established.
Sec.   63.1(c)(3)-(4).............  ..........................  No...................  [Reserved].
Sec.   63.1(c)(5)-(e).............  ..........................  Yes..................
Sec.   63.2.......................  Definitions...............  Yes..................
Sec.   63.3.......................  Units and Abbreviations...  Yes..................
Sec.   63.4(a)(1)-(2).............  Prohibited Activities.....  Yes..................
Sec.   63.4(a)(3)-(5).............  ..........................  No...................  [Reserved].
Sec.   63.4(b)-(c)................  ..........................  Yes..................
Sec.   63.5(a)(1)-(b)(2)..........  Construction/               Yes..................
                                     Reconstruction
                                     Applicability.
Sec.   63.5(b)(3)-(4).............  ..........................  Yes..................
Sec.   63.5(b)(5).................  ..........................  No...................  [Reserved].
Sec.   63.5(b)(6).................  ..........................  Yes..................
Sec.   63.5(c)....................  ..........................  No...................  [Reserved].
Sec.   63.5(d)-(f)................  ..........................  Yes..................
Sec.   63.6(a)-(d)................  ..........................  Yes..................
Sec.   63.6(e)(1)(i)..............  General Duty to Minimize    No...................  See Sec.   63.1180(d) for
                                     Emissions.                                         general duty
                                                                                        requirement.
Sec.   63.6(e)(1)(ii).............  Requirement to Correct      No...................  Sec.   63.1187(b)
                                     Malfunctions As Soon As                            specifies additional
                                     Possible.                                          requirements.
Sec.   63.6(e)(1)(iii)............  ..........................  Yes..................
Sec.   63.6(e)(2).................  ..........................  No...................  [Reserved].
Sec.   63.6(e)(3).................  Startup, Shutdown,          No...................  Startups and shutdowns
                                     Malfunction (SSM) Plan.                            addressed in Sec.
                                                                                        63.1197.
Sec.   63.6(f)(1).................  SSM Exemption.............  No...................
Sec.   63.6(f)(2)-(g).............  ..........................  Yes..................
Sec.   63.6(h)(1).................  SSM Exemption.............  No...................
Sec.   63.6(h)(2)-(j).............  ..........................  Yes..................
Sec.   63.7(a)-(d)................  Performance Testing         Yes..................
                                     Requirements.
Sec.   63.7(e)(1).................  Conduct of Performance      No...................  See Sec.   63.1180.
                                     Tests.
Sec.   63.7(e)(2)-(f).............  ..........................  Yes..................
Sec.   63.7(g)(1).................  Data Analysis,              Yes..................
                                     Recordkeeping, and
                                     Reporting.
Sec.   63.7(g)(2).................  ..........................  No...................  [Reserved].
Sec.   63.7(g)(3)-(h).............  ..........................  Yes..................
Sec.   63.8(a)-(b)................  Monitoring Requirements...  Yes..................
Sec.   63.8(c)(1)(i)..............  General Duty to Minimize    No...................  See Sec.   63.1180(e) for
                                     Emissions and CMS                                  general duty
                                     Operation.                                         requirement.
Sec.   63.8(c)(1)(ii).............  ..........................  Yes..................
Sec.   63.8(c)(1)(iii)............  Requirement to Develop SSM  No...................
                                     Plan for CMS.
Sec.   63.8(c)(2)-(d)(2)..........  ..........................  Yes..................
Sec.   63.8(d)(3).................  Written Procedures for CMS  Yes, except for last
                                                                 sentence, which
                                                                 refers to SSM plan.
                                                                 SSM plans are not
                                                                 required..
Sec.   63.8(e)-(g)................  ..........................  Yes..................
Sec.   63.9(a)....................  Applicability and General   Yes..................
                                     Information.
Sec.   63.9(b)(1)-(2).............  Initial Notifications.....  Yes..................
Sec.   63.9(b)(3).................  ..........................  No...................  [Reserved].
Sec.   63.9(b)(4)-(b)(5)..........  ..........................  Yes..................
Sec.   63.9(c)-(j)................  ..........................  Yes..................
Sec.   63.9(k)....................  ..........................  Yes..................  Only as specified in Sec.
                                                                                          63.9(j).
Sec.   63.10(a)...................  Recordkeeping and           Yes..................
                                     Reporting Requirements.
Sec.   63.10(b)(1)................  General Recordkeeping       Yes..................
                                     Requirements.
Sec.   63.10(b)(2)(i).............  Recordkeeping of            No...................
                                     Occurrence and Duration
                                     of Startups and Shutdowns.
Sec.   63.10(b)(2)(ii)............  Recordkeeping of            No...................  See Sec.   63.1193(c) for
                                     Malfunctions.                                      recordkeeping of (ii)
                                                                                        occurrence and duration
                                                                                        and (iii) actions taken
                                                                                        during malfunction.
Sec.   63.10(b)(2)(iii)...........  Maintenance Records.......  Yes..................
Sec.   63.10(b)(2)(iv)-(v)........  Actions Taken to Minimize   No...................
                                     Emissions During SSM.

[[Page 759]]

 
Sec.   63.10(b)(2)(vi)............  Recordkeeping for CMS       Yes..................
                                     Malfunctions.
Sec.   63.10(b)(2)(vii)-(xiv).....  Other CMS Requirements....  Yes..................
Sec.   63.10(b)(3)................  Recordkeeping Requirement   Yes..................
                                     for Applicability
                                     Determinations.
Sec.   63.10(c)(1)-(6)............  Additional Recordkeeping    Yes..................
                                     Requirements for Sources
                                     with CMS.
Sec.   63.10(c)(7)-(8)............  Additional Recordkeeping    Yes..................
                                     Requirements for CMS--
                                     Identifying Exceedances
                                     and Excess Emissions.
Sec.   63.10(c)(9)................  ..........................  No...................  [Reserved].
Sec.   63.10(c)(10)-(11)..........  ..........................  No...................  See Sec.   63.1192 for
                                                                                        recordkeeping of
                                                                                        malfunctions.
Sec.   63.10(c)(12)-(14)..........  ..........................  Yes..................
Sec.   63.10(c)(15)...............  Use of SSM Plan...........  No...................
Sec.   63.10(d)(1)-(4)............  General Reporting           Yes..................
                                     Requirements.
Sec.   63.10(d)(5)................  SSM Reports...............  No...................  See Sec.   63.1193(f) for
                                                                                        reporting of
                                                                                        malfunctions.
Sec.   63.10(e)-(f)...............  Additional CMS Reports      Yes..................
                                     Excess Emission/CMS
                                     Performance Reports COMS
                                     Data Reports
                                     Recordkeeping/Reporting
                                     Waiver.
Sec.   63.11(a)-(b)...............  Control Device              No...................  Flares will not be used
                                     Requirements                                       to comply with the
                                     Applicability Flares.                              emissions limits.
Sec.   63.11(c)...................  Alternative Work Practice   Yes..................
                                     for Monitoring Equipment
                                     for Leaks.
Sec.   63.11(d)...................  Alternative Work Practice   Yes..................
                                     Standard.
Sec.   63.11(e)...................  ..........................  Yes..................
Sec.   63.12......................  State Authority and         Yes..................
                                     Delegations.
Sec.   63.13......................  Addresses.................  Yes..................
Sec.   63.14......................  Incorporation by Reference  Yes..................
Sec.   63.15......................  Information Availability/   Yes..................
                                     Confidentiality.
Sec.   63.16......................  Performance Track           Yes..................
                                     Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 45331, July 29, 2015, as amended at 85 FR 73897, Nov. 19, 2020; 
85 FR 84262, Dec. 28, 2020]



Sec. Table 2 to Subpart DDD of Part 63--Emissions Limits and Compliance 
                                  Dates

----------------------------------------------------------------------------------------------------------------
                                      And you commenced    Your emission limits
       If your source is a:             construction:            are: \1\          And you must comply by: \2\
----------------------------------------------------------------------------------------------------------------
1. Cupola.........................  On or before May 8,    0.10 lb PM per ton    June 2, 2002.
                                     1997.                  of melt.
2. Cupola.........................  After May 8, 1997....  0.10 lb PM per ton    June 1, 1999.
                                                            of melt.
3. Cupola.........................  On or before May 8,    a. 0.10 lb carbon     June 2, 2002.
                                     1997.                  monoxide (CO) per
                                                            ton of melt,\3\ or
                                                           b. Reduction of
                                                            uncontrolled CO by
                                                            at least 99 percent
                                                            \3\.
4. Cupola.........................  After May 8, 1997 but  a. 0.10 lb CO per     June 1, 1999.
                                     on or before           ton of melt,\3\ or
                                     November 25, 2011.    b. Reduction of
                                                            uncontrolled CO by
                                                            at least 99
                                                            percent.\3\
5. Closed-top cupola..............  On or before November  3.4 lb of carbonyl    July 30, 2018.
                                     25, 2011.              sulfide (COS) per
                                                            ton melt.
6. Closed-top cupola..............  After November 25,     0.062 lb of COS per   July 29, 2015.\4\
                                     2011.                  ton melt.
7. Open-top cupola................  On or before November  6.8 lb of COS per     July 30, 2018.
                                     25, 2011.              ton melt.
8. Open-top cupola................  After November 25,     3.2 lb of COS per     July 29, 2015.\4\
                                     2011.                  ton melt.

[[Page 760]]

 
9. Cupola using slag as a raw       On or before November  0.16 lb of hydrogen   July 30, 2018.
 material.                           25, 2011.              fluoride (HF) per
                                                            ton melt.
                                                           0.44 lb of hydrogen
                                                            chloride (HCl) per
                                                            ton melt.
10. Cupola using slag as a raw      After November 25,     0.015 lb of HF per    July 29, 2015.\4\
 material.                           2011.                  ton melt.
                                                           0.012 lb of HCl per
                                                            ton melt.
11. Cupola not using slag as a raw  On or before November  0.13 lb of HF per     July 30, 2018.
 material.                           25, 2011.              ton melt.
                                                           0.43 lb of HCl per
                                                            ton melt.
12. Cupola not using slag as a raw  After November 25,     0.018 lb of HF per    July 29, 2015.\4\
 material.                           2011.                  ton melt.
                                                           0.015 lb of HCl per
                                                            ton melt.
17. Curing oven...................  On or before May 8,    a. 0.06 lb of         June 2, 2002.
                                     1997.                  formaldehyde per
                                                            ton of melt,\3\ or
                                                           b. Reduction of
                                                            uncontrolled
                                                            formaldehyde by at
                                                            least 80
                                                            percent.\3\
18. Curing oven...................  After May 8, 1997 but  a. 0.06 lb of         June 1, 1999.
                                     before November 25,    formaldehyde per
                                     2011.                  ton of melt,\3\ or
                                                           b. Reduction of
                                                            uncontrolled
                                                            formaldehyde by at
                                                            least 80
                                                            percent.\3\
19. Combined drum collection/       On or before November  0.17 lb of            July 30, 2018.
 curing operation.                   25, 2011.              formaldehyde per
                                                            ton of melt.
                                                           0.28 lb of methanol
                                                            per ton melt.
                                                           0.85 lb of phenol
                                                            per ton melt.
20. Combined drum collection/       After November 25,     0.17 lb of            July 29, 2015.\4\
 curing operation.                   2011.                  formaldehyde per
                                                            ton of melt.
                                                           0.28 lb of methanol
                                                            per ton melt.
                                                           0.85 lb of phenol
                                                            per ton melt.
21. Combined horizontal collection/ On or before November  0.63 lb of            July 30, 2018.
 curing operation.                   25, 2011.              formaldehyde per
                                                            ton of melt.
                                                           0.049 lb of methanol
                                                            per ton melt.
                                                           0.12 lb of phenol
                                                            per ton melt.
22. Combined horizontal collection/ After November 25,     0.63 lb of            July 29, 2015.\4\
 curing operation.                   2011.                  formaldehyde per
                                                            ton of melt.
                                                           0.049 lb of methanol
                                                            per ton melt.
                                                           0.12 lb of phenol
                                                            per ton melt.
23. Combined vertical collection/   On or before November  2.4 lb of             July 30, 2018.
 curing operation.                   25, 2011.              formaldehyde per
                                                            ton melt.
                                                           0.92 lb of methanol
                                                            per ton melt.
                                                           0.71 lb of phenol
                                                            per ton melt.

[[Page 761]]

 
24. Combined vertical collection/   After November 25,     2.4 lb of             July 29, 2015.\4\
 curing operation.                   2011.                  formaldehyde per
                                                            ton melt.
                                                           0.92 lb of methanol
                                                            per ton melt.
                                                           0.71 lb of phenol
                                                            per ton melt.
----------------------------------------------------------------------------------------------------------------
\1\ The numeric emissions limits do not apply during startup and shutdown.
\2\ Existing sources must demonstrate compliance by the compliance dates specified in this table. New sources
  have 180 days after the applicable compliance date to demonstrate compliance.
\3\ This emissions limit does not apply after July 30, 2018.
\4\ Or upon initial startup, whichever is later.


[80 FR 45333, July 29, 2015]



Sec. Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of 
       Insulation Resins by the Hydroxylamine Hydrochloride Method

                                1. Scope

    The method in this appendix was specifically developed for water-
soluble phenolic resins that have a relatively high free-formaldehyde 
(FF) content such as insulation resins. It may also be suitable for 
other phenolic resins, especially those with a high FF content.

                              2. Principle

    2.1 a. The basis for this method is the titration of the 
hydrochloric acid that is liberated when hydroxylamine hydrochloride 
reacts with formaldehyde to form formaldoxine:

HCHO + NH2OH:HCl [rarr] CH2:NOH + H2O + HCl

    b. Free formaldehyde in phenolic resins is present as monomeric 
formaldehyde, hemiformals, polyoxymethylene hemiformals, and 
polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react 
rapidly with hydroxylamine hydrochloride, but the polymeric forms of 
formaldehyde must hydrolyze to the monomeric state before they can 
react. The greater the concentration of free formaldehyde in a resin, 
the more of that formaldehyde will be in the polymeric form. The 
hydrolysis of these polymers is catalyzed by hydrogen ions.
    2.2 The resin sample being analyzed must contain enough free 
formaldehyde so that the initial reaction with hydroxylamine 
hydrochloride will produce sufficient hydrogen ions to catalyze the 
depolymerization of the polymeric formaldehyde within the time limits of 
the test method. The sample should contain approximately 0.3 grams (g) 
free formaldehyde to ensure complete reaction within 5 minutes.

                              3. Apparatus

    3.1 Balance, readable to 0.01 g or better.
    3.2 pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7 
with pH 7.0 buffer.
    3.3 50-mL burette for 1.0 N sodium hydroxide.
    3.4 Magnetic stirrer and stir bars.
    3.5 250-mL beaker.
    3.6 50-mL graduated cylinder.
    3.7 100-mL graduated cylinder.
    3.8 Timer.

                               4. Reagents

    4.1 Standardized 1.0 N sodium hydroxide solution.
    4.2 Hydroxylamine hydrochloride solution, 100 grams per liter, pH 
adjusted to 4.00.
    4.3 Hydrochloric acid solution, 1.0 N and 0.1 N.
    4.4 Sodium hydroxide solution, 0.1 N.
    4.5 50/50 v/v mixture of distilled water and methyl alcohol.

                              5. Procedure

    5.1 Determine the sample size as follows:
    a. If the expected FF is greater than 2 percent, go to Part A in 
5.1.c to determine sample size.
    b. If the expected FF is less than 2 percent, go to Part B in 5.1.d 
to determine sample size.
    c. Part A: Expected FF =2 percent.

Grams resin = 60/expected percent FF

    I. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................         30.0
5..........................................................         12.0
8..........................................................          7.5
10.........................................................          6.0

[[Page 762]]

 
12.........................................................          5.0
15.........................................................          4.0
------------------------------------------------------------------------

    ii. It is very important to the accuracy of the results that the 
sample size be chosen correctly. If the milliliters of titrant are less 
than 15 mL or greater than 30 mL, reestimate the needed sample size and 
repeat the tests.
    d. Part B: Expected FF <2 percent

Grams resin = 30/expected percent FF

    I. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................           15
1..........................................................           30
0.5........................................................           60
------------------------------------------------------------------------

    ii. If the milliliters of titrant are less than 5 mL or greater than 
30 mL, reestimate the needed sample size and repeat the tests.
    5.2 Weigh the resin sample to the nearest 0.01 grams into a 250-mL 
beaker. Record sample weight.
    5.3 Add 100 mL of the methanol/water mixture and stir on a magnetic 
stirrer. Confirm that the resin has dissolved.
    5.4 Adjust the resin/solvent solution to pH 4.0, using the 
prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric 
acid, and 0.1 N sodium hydroxide.
    5.5 Add 50 mL of the hydroxylamine hydrochloride solution, measured 
with a graduated cylinder. Start the timer.
    5.6 Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N 
sodium hydroxide. Record the milliliters of titrant and the normality.

                             6. Calculations
[GRAPHIC] [TIFF OMITTED] TR01JN99.018

                    7. Method Precision and Accuracy

    Test values should conform to the following statistical precision:

Variance = 0.005
Standard deviation = 0.07
95% Confidence Interval, for a single determination = 0.2

                                8. Author

    This method was prepared by K.K. Tutin and M.L. Foster, Tacoma R&D 
Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R. 
Conner.)

                              9. References

    9.1 GPAM 2221.2.
    9.2 PR&C TM 2.035.
    9.3 Project Report, Comparison of Free Formaldehyde Procedures, 
January 1990, K. Tutin.

[[Page 763]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

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

[[Page 765]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2021)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 766]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

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

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 767]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 768]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 769]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  (Parts 1600--1699) [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  (Parts 2200--2299) [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 770]]

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

                    Title 8--Aliens and Nationality

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

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  (Parts 500--599) [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)

[[Page 771]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 772]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

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

[[Page 773]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 774]]

                          Title 23--Highways

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

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 775]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

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

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 776]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 777]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 778]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 779]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 780]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

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

[[Page 781]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

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

[[Page 782]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 783]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 784]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 785]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2021)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 786]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 787]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 788]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 789]]

  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 790]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 791]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 792]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of, and     32, XXIV; 47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
   Office of
[[Page 793]]

State, Department of                              2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 795]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2016 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2016

40 CFR
                                                                   81 FR
                                                                    Page
Chapter I
63.641 Amended.....................................................45241
63.643 (c) introductory text revised; (d) added....................45241
63.648 (a) introductory text revised...............................45241
63.655 (h)(8) introductory text revised............................45241
63.658 (c)(1) revised..............................................45241
63.670 (o)(1)(ii)(B) and (vi) revised..............................45241
63.640--63.679 (Subpart CC) Appendix amended.......................45241
63.749 (a)(3) revised..............................................51116

                                  2017

40 CFR
                                                                   82 FR
                                                                    Page
Chapter I
63.605 (d)(1)(ii)(A) revised.......................................45199
63.608 (e) and (f) added...........................................45199
63.600--63.611 (Subpart AA) Table 1, Table 2 and Table 3 amended 
                                                                   45199
    Table 4 amended................................................45200
63.625 (d)(1)(ii)(A) revised.......................................45200
63.628 (e) and (f) added...........................................45200
63.620--63.632 (Subpart BB) Table 3 amended........................45200
    Table 4 amended................................................45201
63.860 (b)(5) and (7) revised; (d) added...........................47347
63.861 Amended.....................................................47347
63.862 (c)(1) and (d) revised......................................47347
63.863 (a) and (c) revised.........................................47347
63.864 (d) introductory text, (4), (e)(10)(i), (ii), (12) 
        introductory text, (i), (ix), (x), (13), (14), (g), (j), 
        and (k) revised; (e)(1), (2), (10)(iii), (f), and (h) 
        added......................................................47348
63.865 Introductory text, (b)(1) through (5), (c)(1), and (d) 
        introductory text revised..................................47350
63.866 (a) removed; (c) and (d) revised............................47351
63.867 (a)(2) removed; (a)(3) and (c) revised; (d) added...........47351
63.868 (b)(2), (3), and (4) revised................................47353
63.860--63.868 (Subpart MM) Table 1 revised........................47353

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
63.640--63.679 (Subpart CC) Table 6 amended........................60721
63.640--63.679 (Subpart CC) Table 11 and Table 13 amended..........60722
63.641 Amended.....................................................60713

[[Page 796]]

63.643 (c) introductory text, (1) introductory text, (ii), (iii), 
        and (iv) revised; (c)(1)(v) added..........................60714
63.644 (c) introductory text revised; (c)(2) amended; (c)(3) added
                                                                   60714
63.648 (a) introductory text, (c) introductory text, (j) 
        introductory text, (3)(ii)(A), (E), (iv), (v) introductory 
        text, and (4) revised......................................60714
63.655 (f)(1)(i)(A)(1), (2), (3), (B)(3), (C)(2), (iii), (2), (4), 
        (g)(2)(i)(B)(1), (10) introductory text, (13) introductory 
        text, (h)(2)(ii), (8), (9)(i) introductory text, (ii) 
        introductory text, (i)(3)(ii)(B), (7)(iii)(B), (11) 
        introductory text, (12) introductory text, and (iv) 
        revised; (g)(10)(iii) redesignated as (g)(10)(iv); new 
        (g)(10)(iii), (h)(10), (i)(3)(ii)(C), (5)(i) through (v), 
        (11)(iv), and (12)(vi) added; (h)(5)(iii) removed..........60715
63.657 (a)(1)(i), (ii), (2)(i), (ii), (b)(5), and (e) revised......60718
63.658 (c)(1), (2), (3), (d)(1) introductory text, (2), (e) 
        introductory text, (3)(iv), (f)(1)(i) introductory text, 
        and (B) revised............................................60718
63.660 Introductory text, (b) introductory text, (1), (e), and 
        (i)(2) introductory text revised; (i)(2)(iii) added........60719
63.670 (f), (h) introductory text, (1), (i) introductory text, 
        (j)(6) introductory text, (m)(2) introductory text, (n)(2) 
        introductory text, (o) introductory text, (1)(ii)(B), 
        (iii)(B), and (3)(i) revised; (i)(5) and (6) added; 
        (k)(3), (m)(2), and (n)(2) amended.........................60720
63.691 (c)(3) introductory text and (ii) revised....................3992
63.640--63.679 (Subpart CC) Table 6 amended........................60721
    Table 11 and Table 13 amended..................................60722
63.641 Amended.....................................................60713

                                  2019

                       (No regulations published)

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
63.600--63.611 (Subpart AA) Table 1 revised........................69512
63.600--63.611 (Subpart AA) Appendix A amended.....................73892
63.602 (a)(2)(ii) revised..........................................69512
63.620--63.632 (Subpart BB) Appendix A amended.....................73892
63.640 (p)(2) revised...............................................6082
63.640--63.671 (Subpart CC) Appendix amended.......................73893
63.641 Amended......................................................6082
63.643 (c)(1)(v) revised............................................6082
63.648 (j) introductory text, (2)(i), (ii), and (iii) revised.......6082
63.655 (f)(1)(iii), (2), and (i)(11) introductory text revised; 
        (h)(10) heading added.......................................6083
63.660 (i)(2)(iii) revised..........................................6083
63.670 (d)(2) revised...............................................6083
63.697 (a)(1) introductory text revised............................73893
63.680--63.698 (Subpart DD) A amended..............................73893
63.701--63.708 (Subpart EE) Table 1 amended........................73894
63.701--63.708 (Subpart EE) Correction; instruction amended........84262
63.741--63.759 (Subpart GG) Table 1 amended........................73894
63.760 (a)(1) introductory text revised............................73894
63.775 (c)(1) revised..............................................73894
63.760--63.779 (Subpart HH) Appendix amended.......................73895
63.780--63.789 (Subpart II) Table 1 amended........................73895
63.800--63.819 (Subpart JJ) Table 1 amended........................73895
63.830 (b)(1)(i) revised...........................................73895
63.820--63.839 (Subpart KK) Table 1 amended........................73895
63.840--63.859 (Subpart LL) Appendix A amended.....................73896
63.861 Amended.....................................................70493
63.860--63.868 (Subpart MM) Table 1 amended........................73896
63.864 (e)(10)(iii), (j)(1), (3), and (5) revised..................70493
63.867 (c)(3)(iii)(C)(1) revised...................................70494
63.987 (b)(3)(ii) amended..........................................40417

[[Page 797]]

63.997 (e)(2)(iii) introductory text, (C)(1), (D), (iv) 
        introductory text, (F), and (I) revised....................40418
63.1081 Revised....................................................40419
63.1082 (b) amended................................................40419
63.1084 Introductory text revised; (f) added.......................40419
63.1085 Introductory text, (a), and (b) revised; (e) and (f) added
                                                                   40419
63.1086 Introductory text revised; (e) added.......................40420
63.1087 Introductory text revised; (c) and (d) added...............40421
63.1088 Introductory text revised; (d) added.......................40421
63.1089 (d) and (e) revised........................................40422
63.1090 Introductory text revised; (f) added.......................40422
63.1095 (a)(1) introductory text, (3), (b) introductory text, and 
        (1) revised; (a)(1)(vi) and (b)(3) added...................40423
63.1080--63.1097 (Subpart XX) Table 2 amended......................40423
63.1100 Table amended; (b), (g) introductory text, (4)(ii), and 
        (5) revised; (g)(4)(iii) and (7) added.....................40423
63.1100 (b) revised................................................73896
63.1101 Amended....................................................40424
63.1102 (a) introductory text revised; (c) added...................40425
63.1103 (b)(2) and (e)(2) amended; (e)(1)(i) introductory text, 
        (F), (ii)(J), (3), and Table 7 revised; (e)(4) through 
        (10) added.................................................40425
63.1104 (c) revised................................................40432
63.1105 (a) introductory text revised; (a)(5) added................40432
63.1107 (a) revised; (h) added.....................................40432
63.1108 (a) introductory text, (4), (b)(1)(ii), (2) introductory 
        text, (3), (4)(i) introductory text, and (ii)(B) revised 
                                                                   40434
63.1109 (e) through (i) added......................................40435
63.1110 (a) introductory text, (7), (9) introductory text, (d)(1) 
        introductory text, (i), (e)(1), (g)(1), and (2) revised; 
        (a)(10), (d)(1)(iv), (v), and (e)(4) through (8) added.....40437
63.1111 (a) introductory text, (b) introductory text, and (c) 
        introductory text revised..................................40440
63.1112 (d)(2) revised.............................................40440
63.1113 (a)(2) revised.............................................40440
63.1114 (b) introductory text revised; (b)(6) added................40440
63.1163 (a)(3) revised.............................................73897
63.1155--63.1174 (Subpart CCC) Table 1 amended.....................73897
63.1175--63.1199 (Subpart DDD) Table 1 amended.....................73897
63.1175--63.1199 (Subpart DDD) Correction; instruction amended.....84262

                                  2021

  (No regulations published from January 1, 2021, through July 1, 2021)


                                  [all]