[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.  63.1200 to 63.1439)

                         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........................     707
      Alphabetical List of Agencies Appearing in the CFR......     727
      List of CFR Sections Affected...........................     737

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.1200 
                       refers to title 40, part 
                       63, section 1200.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
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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``[RESERVED]'' TERMINOLOGY

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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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the requirements of 1 CFR part 51 are met. Some of the elements on which 
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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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INQUIRIES

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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.  63.1200 to 63.1439)

  --------------------------------------------------------------------
                                                                    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 EEE_National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors

                                 General

Sec.
63.1200 Who is subject to these regulations?
63.1201 Definitions and acronyms used in this subpart.
63.1202 [Reserved]

   Interim Emissions Standards and Operating Limits For Incinerators, 
              Cement Kilns, and Lightweight Aggregate Kilns

63.1203 What are the standards for hazardous waste incinerators that are 
          effective until compliance with the standards under Sec.  
          63.1219?
63.1204 What are the standards for hazardous waste burning cement kilns 
          that are effective until compliance with the standards under 
          Sec.  63.1220?
63.1205 What are the standards for hazardous waste burning lightweight 
          aggregate kilns that are effective until compliance with the 
          standards under Sec.  63.1221?

                  Monitoring and Compliance Provisions

63.1206 When and how must you comply with the standards and operating 
          requirements?
63.1207 What are the performance testing requirements?
63.1208 What are the test methods?
63.1209 What are the monitoring requirements?

                Notification, Reporting and Recordkeeping

63.1210 What are the notification requirements?
63.1211 What are the recordkeeping and reporting requirements?

                                  Other

63.1212 What are the other requirements pertaining to the NIC?
63.1213 How can the compliance date be extended to install pollution 
          prevention or waste minimization controls?
63.1214 Implementation and enforcement.
63.1215 What are the health-based compliance alternatives for total 
          chlorine?

Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid 
         Fuel Boilers, and Hydrochloric Acid Production Furnaces

63.1216 What are the standards for solid fuel boilers that burn 
          hazardous waste?
63.1217 What are the standards for liquid fuel boilers that burn 
          hazardous waste?
63.1218 What are the standards for hydrochloric acid production furnaces 
          that burn hazardous waste?

 Replacement Emissions Standards and Operating Limits for Incinerators, 
              Cement Kilns, and Lightweight Aggregate Kilns

63.1219 What are the replacement standards for hazardous waste 
          incinerators?
63.1220 What are the replacement standards for hazardous waste burning 
          cement kilns?
63.1221 What are the replacement standards for hazardous waste burning 
          lightweight aggregate kilns?

Table 1 to Subpart EEE of Part 63--General Provisions Applicable to 
          Subpart EEE
Appendix to Subpart EEE of Part 63--Quality Assurance Procedures for 
          Continuous Emissions Monitors Used for Hazardous Waste 
          Combustors

Subpart FFF [Reserved]

 Subpart GGG_National Emission Standards for Pharmaceuticals Production

63.1250 Applicability.
63.1251 Definitions.
63.1252 Standards: General.
63.1253 Standards: Storage tanks.
63.1254 Standards: Process vents.
63.1255 Standards: Equipment leaks.
63.1256 Standards: Wastewater.
63.1257 Test methods and compliance procedures.
63.1258 Monitoring requirements.
63.1259 Recordkeeping requirements.
63.1260 Reporting requirements.
63.1261 Implementation and enforcement.

Table 1 to Subpart GGG of Part 63--General Provisions Applicability to 
          Subpart GGG
Table 2 to Subpart GGG of Part 63--Partially Soluble HAP
Table 3 to Subpart GGG of Part 63--Soluble HAP
Table 4 to Subpart GGG of Part 63--Monitoring Requirements for Control 
          Devices

[[Page 6]]

Table 5 to Subpart GGG of Part 63--Control Requirements for Items of 
          Equipment That Meet the Criteria of Sec.  63.1252(f)
Table 6 to Subpart GGG of Part 63--Wastewater--Compliance Options for 
          Wastewater Tanks
Table 7 to Subpart GGG of Part 63--Wastewater--Inspection and Monitoring 
          Requirements for Waste Management Units
Table 8 to Subpart GGG of Part 63--Fraction Measured (Fm) for 
          HAP Compounds in Wastewater Streams
Table 9 to Subpart GGG of Part 63--Default Biorates for List 1 Compounds

  Subpart HHH_National Emission Standards for Hazardous Air Pollutants 
          From Natural Gas Transmission and Storage Facilities

63.1270 Applicability and designation of affected source.
63.1271 Definitions.
63.1272 Affirmative defense for violations of emission standards during 
          malfunction.
63.1273 [Reserved]
63.1274 General standards.
63.1275 Glycol dehydration unit process vent standards.
63.1276-63.1280 [Reserved]
63.1281 Control equipment requirements.
63.1282 Test methods, compliance procedures, and compliance 
          demonstrations.
63.1283 Inspection and monitoring requirements.
63.1284 Recordkeeping requirements.
63.1285 Reporting requirements.
63.1286 Implementation and enforcement.
63.1287 Alternative means of emission limitation.
63.1288-63.1289 [Reserved]

Appendix: Table 1 to Subpart HHH of Part 63--List of Hazardous Air 
          Pollutants (HAP) for Subpart HHH
Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR 
          Part 63 General Provisions to Subpart HHH

Subpart III_National Emission Standards for Hazardous Air Pollutants for 
                  Flexible Polyurethane Foam Production

63.1290 Applicability.
63.1291 Compliance schedule.
63.1292 Definitions.
63.1293 Standards for slabstock flexible polyurethane foam production.
63.1294 Standards for slabstock flexible polyurethane foam production--
          diisocyanate emissions.
63.1295-63.1296 [Reserved]
63.1297 Standards for slabstock flexible polyurethane foam production--
          HAP ABA.
63.1298 Standards for slabstock flexible polyurethane foam production--
          HAP emissions from equipment cleaning.
63.1299 [Reserved]
63.1300 Standards for molded flexible polyurethane foam production.
63.1301 Standards for rebond foam production.
63.1302 Applicability of subpart A requirements.
63.1303 Monitoring requirements.
63.1304 [Reserved]
63.1305 Alternative means of emission limitation.
63.1306 Reporting requirements.
63.1307 Recordkeeping requirements.
63.1308 Compliance demonstrations.
63.1309 Implementation and enforcement.

Appendix to Subpart III of Part 63--Tables: Note
Table 1 to Subpart III of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart III
Table 2 to Subpart III of Part 63--Compliance Requirements for Slabstock 
          Foam Production Affected Sources
Table 3 to Subpart III of Part 63--Compliance Requirements for Molded 
          and Rebond Foam Production Affected Sources

  Subpart JJJ_National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group IV Polymers and Resins

63.1310 Applicability and designation of affected sources.
63.1311 Compliance dates and relationship of this subpart to existing 
          applicable rules.
63.1312 Definitions.
63.1313 Emission standards.
63.1314 Storage vessel provisions.
63.1315 Continuous process vents provisions.
63.1316 PET and polystyrene affected sources--emissions control 
          provisions.
63.1317 PET and polystyrene affected sources--monitoring provisions.
63.1318 PET and polystyrene affected sources--testing and compliance 
          demonstration provisions.
63.1319 PET and polystyrene affected sources--recordkeeping provisions.
63.1320 PET and polystyrene affected sources--reporting provisions.
63.1321 Batch process vents provisions.
63.1322 Batch process vents--reference control technology.
63.1323 Batch process vents--methods and procedures for group 
          determination.
63.1324 Batch process vents--monitoring equipment.
63.1325 Batch process vents--performance test methods and procedures to 
          determine compliance.
63.1326 Batch process vents--recordkeeping provisions.

[[Page 7]]

63.1327 Batch process vents--reporting requirements.
63.1328 Heat exchange systems provisions.
63.1329 Process contact cooling towers provisions.
63.1330 Wastewater provisions.
63.1331 Equipment leak provisions.
63.1332 Emissions averaging provisions.
63.1333 Additional requirements for performance testing.
63.1334 Parameter monitoring levels and excursions.
63.1335 General recordkeeping and reporting provisions.
63.1336 Implementation and enforcement.

Table 1 to Subpart JJJ of Part 63--Applicability of General Provisions 
          to Subpart JJJ Affected Sources
Table 2 to Subpart JJJ of Part 63--Group 1 Storage Vessels at Existing 
          Affected Sources
Table 3 to Subpart JJJ of Part 63--Group 1 Storage Vessels at Existing 
          Affected Sources Producing the Listed Thermoplastics
Table 4 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New 
          Affected Sources
Table 5 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New 
          Affected Sources Producing the Listed Thermoplastics
Table 6 to Subpart JJJ of Part 63--Known Organic HAP Emitted From the 
          Production of Thermoplastic Products
Table 7 to Subpart JJJ of Part 63--Group 1 Batch Process Vents and 
          Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and 
          Reporting Requirements
Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which Levels 
          Are Required To Be Established for Continuous and Batch 
          Process Vents and Aggregate Batch Vent Streams
Table 9 to Subpart JJJ of Part 63--Routine Reports Required by This 
          Subpart

Subpart KKK [Reserved]

  Subpart LLL_National Emission Standards for Hazardous Air Pollutants 
             From the Portland Cement Manufacturing Industry

                                 General

63.1340 What parts of my plant does this subpart cover?
63.1341 Definitions.

                 Emission Standards and Operating Limits

63.1342 Standards: General.
63.1343 What standards apply to my kilns, clinker coolers, raw material 
          dryers, and open clinker storage piles?
63.1344 [Reserved]
63.1345 Emissions limits for affected sources other than kilns; clinker 
          coolers; new and reconstructed raw material dryers.
63.1346 Operating limits for kilns.
63.1347 Operation and maintenance plan requirements.
63.1348 Compliance requirements.

                  Monitoring and Compliance Provisions

63.1349 Performance testing requirements.
63.1350 Monitoring requirements.
63.1351 Compliance dates.
63.1352 Additional test methods.

                Notification, Reporting and Recordkeeping

63.1353 Notification requirements.
63.1354 Reporting requirements.
63.1355 Recordkeeping requirements.

                                  Other

63.1356 Sources with multiple emission limits or monitoring 
          requirements.
63.1357 [Reserved]
63.1358 Implementation and enforcement.
63.1359 [Reserved]

Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
Table 2 to Subpart LLL of Part 63--1989 Toxic Equivalency Factors (TEFs)

Subpart MMM_National Emission Standards for Hazardous Air Pollutants for 
                 Pesticide Active Ingredient Production

63.1360 Applicability.
63.1361 Definitions.
63.1362 Standards.
63.1363 Standards for equipment leaks.
63.1364 Compliance dates.
63.1365 Test methods and initial compliance procedures.
63.1366 Monitoring and inspection requirements.
63.1367 Recordkeeping requirements.
63.1368 Reporting requirements.
63.1369 Implementation and enforcement.

Table 1 to Subpart MMM of Part 63--General Provisions Applicability to 
          Subpart MMM.
Table 2 to Subpart MMM of Part 63--Standards for New and Existing PAI 
          Sources.
Table 3 to Subpart MMM of Part 63--Monitoring Requirements for Control 
          Devices.
Table 4 to Subpart MMM of Part 63--Control Requirements for Items of 
          Equipment that Meet the Criteria of Sec.  63.1362(k).

Subpart NNN_National Emission Standards for Hazardous Air Pollutants for 
                      Wool Fiberglass Manufacturing

63.1380 Applicability.

[[Page 8]]

63.1381 Definitions.
63.1382 Emission standards.
63.1383 Monitoring requirements.
63.1384 Performance test requirements.
63.1385 Test methods and procedures.
63.1386 Notification, recordkeeping, and reporting requirements.
63.1387 Compliance dates.
63.1388 Implementation and enforcement.
63.1389 Startups and shutdowns.
63.1390-63.1399 [Reserved]

Table 1 to Subpart NNN of Part 63--Applicability of general provisions 
          (40 CFR part 63, subpart A) to subpart NNN.
Table 2 to Subpart NNN of Part 63--Emissions Limits and Compliance Dates
Appendix A to Subpart NNN of Part 63--Method for the determination of 
          LOI
Appendix B to Subpart NNN of Part 63--Free formaldehyde analysis of 
          insulation resins by hydroxylamine hydrochloride
Appendix C to Subpart NNN of Part 63--Method for the determination of 
          product density

  Subpart OOO_National Emission Standards for Hazardous Air Pollutant 
             Emissions: Manufacture of Amino/Phenolic Resins

63.1400 Applicability and designation of affected sources.
63.1401 Compliance schedule.
63.1402 Definitions.
63.1403 Emission standards.
63.1404 Storage vessel provisions.
63.1405 Continuous process vent provisions.
63.1406 Reactor batch process vent provisions.
63.1407 Non-reactor batch process vent provisions.
63.1408 Aggregate batch vent stream provisions.
63.1409 Heat exchange system provisions.
63.1410 Equipment leak provisions.
63.1411 [Reserved]
63.1412 Continuous process vent applicability assessment procedures and 
          methods.
63.1413 Compliance demonstration procedures.
63.1414 Test methods and emission estimation equations.
63.1415 Monitoring requirements.
63.1416 Recordkeeping requirements.
63.1417 Reporting requirements.
63.1418 [Reserved]
63.1419 Implementation and enforcement.

Table 1 to Subpart OOO of Part 63--Applicability of General Provisions 
          to Subpart OOO Affected Sources
Table 2 to Subpart OOO of Part 63--Known Organic Hazardous Air 
          Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins
Table 3 to Subpart OOO of Part 63--Batch Process Vent Monitoring 
          Requirements
Table 4 to Subpart OOO of Part 63--Operating Parameter Levels
Table 5 to Subpart OOO of Part 63--Reports Required by This Subpart
Table 6 to Subpart OOO of Part 63--Coefficients for Total Resource 
          Effectiveness

  Subpart PPP_National Emission Standards for Hazardous Air Pollutant 
               Emissions for Polyether Polyols Production

63.1420 Applicability and designation of affected sources.
63.1421 Implementation and enforcement.
63.1422 Compliance dates and relationship of this rule to existing 
          applicable rules.
63.1423 Definitions.
63.1424 Emission standards.
63.1425 Process vent control requirements.
63.1426 Process vent requirements for determining organic HAP 
          concentration, control efficiency, and aggregated organic HAP 
          emission reduction for a PMPU.
63.1427 Process vent requirements for processes using extended cookout 
          as an epoxide emission reduction technique.
63.1428 Process vent requirements for group determination of PMPUs using 
          a nonepoxide organic HAP to make or modify the product.
63.1429 Process vent monitoring requirements.
63.1430 Process vent reporting and recordkeeping requirements.
63.1431 Process vent annual epoxides emission factor plan requirements.
63.1432 Storage vessel provisions.
63.1433 Wastewater provisions.
63.1434 Equipment leak provisions.
63.1435 Heat exchanger provisions.
63.1436 [Reserved]
63.1437 Additional requirements for performance testing.
63.1438 Parameter monitoring levels and excursions.
63.1439 General recordkeeping and reporting provisions.

Table 1 to Subpart PPP of Part 63--Applicability of General Provisions 
          to Subpart PPP Affected Sources
Table 2 to Subpart PPP of Part 63--Applicability of HON Provisions to 
          Subpart PPP Affected Sources
Table 3 to Subpart PPP of Part 63--Group 1 Storage Vessels at Existing 
          and New Affected Sources
Table 4 to Subpart PPP of Part 63--Known Organic HAP From Polyether 
          Polyol Products
Table 5 to Subpart PPP of Part 63--Process Vents From Batch Unit 
          Operations--Monitoring, Recordkeeping, and Reporting 
          Requirements

[[Page 9]]

Table 6 to Subpart PPP of Part 63--Process Vents From Continuous Unit 
          Operations--Monitoring, Recordkeeping, and Reporting 
          Requirements
Table 7 to Subpart PPP of Part 63--Operating Parameters for Which 
          Monitoring Levels Are Required To Be Established for Process 
          Vent Streams
Table 8 to Subpart PPP of Part 63--Routine Reports Required by This 
          Subpart

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

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



  Subpart EEE_National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors

    Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted.

                                 General



Sec.  63.1200  Who is subject to these regulations?

    The provisions of this subpart apply to all hazardous waste 
combustors: hazardous waste incinerators, hazardous waste cement kilns, 
hazardous waste lightweight aggregate kilns, hazardous waste solid fuel 
boilers, hazardous waste liquid fuel boilers, and hazardous waste 
hydrochloric acid production furnaces. Hazardous waste combustors are 
also subject to applicable requirements under parts 260 through 270 of 
this chapter.
    (a) What if I am an area source? (1) Both area sources and major 
sources are subject to this subpart.
    (2) Both area sources and major sources subject to this subpart, but 
not previously subject to title V, are immediately subject to the 
requirement to apply for and obtain a title V permit in all States, and 
in areas covered by part 71 of this chapter.
    (b) These regulations in this subpart do not apply to sources that 
meet the criteria in Table 1 of this Section, as follows:

    Table 1 to Sec.   63.1200--Hazardous Waste Combustors Exempt From
                               Subpart EEE
------------------------------------------------------------------------
              If                        And if                Then
------------------------------------------------------------------------
(1) You are a previously        (i) You ceased feeding  You are no
 affected source.                hazardous waste for a   longer subject
                                 period of time          to this subpart
                                 greater than the        (Subpart EEE).
                                 hazardous waste
                                 residence time (i.e.,
                                 hazardous waste no
                                 longer resides in the
                                 combustion chamber);.
                                (ii) You have
                                 initiated the closure
                                 requirements of
                                 subpart G, parts 264
                                 or 265 of this
                                 chapter;.
                                (iii) You begin
                                 complying with the
                                 requirements of all
                                 other applicable
                                 standards of this
                                 part (Part 63); and.
                                (iv) You notify the
                                 Administrator in
                                 writing that you are
                                 no longer an affected
                                 source under this
                                 subpart (Subpart EEE).
(2) You are a research,         You operate for no      You are not
 development, and                longer than one year    subject to this
 demonstration source.           after first burning     subpart
                                 hazardous waste (Note   (Subpart EEE).
                                 that the                This exemption
                                 Administrator can       applies even if
                                 extend this one-year    there is a
                                 restriction on a case-  hazardous waste
                                 by-case basis upon      combustor at
                                 your written request    the plant site
                                 documenting when you    that is
                                 first burned            regulated under
                                 hazardous waste and     this subpart.
                                 the justification for   You still,
                                 needing additional      however, remain
                                 time to perform         subject to Sec.
                                 research,                 270.65 of
                                 development, or         this chapter.
                                 demonstration
                                 operations)..
(3) The only hazardous wastes   ......................  You are not
 you burn are exempt from                                subject to the
 regulation under Sec.                                   requirements of
 266.100(c) of this chapter.                             this subpart
                                                         (Subpart EEE).
(4) You meet the definition of  ......................  You are not
 a small quantity burner under                           subject to the
 Sec.   266.108 of this                                  requirements of
 chapter.                                                this subpart
                                                         (Subpart EEE).
------------------------------------------------------------------------


[[Page 10]]

    (c) Table 1 of this section specifies the provisions of subpart A 
(General Provisions, Sec. Sec.  63.1-63.15) that apply and those that do 
not apply to sources affected by this subpart.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 
67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005]



Sec.  63.1201  Definitions and acronyms used in this subpart.

    (a) The terms used in this subpart are defined in the Act, in 
subpart A of this part, or in this section as follows:
    Air pollution control system means the equipment used to reduce the 
release of particulate matter and other pollutants to the atmosphere.
    Automatic waste feed cutoff (AWFCO) system means a system comprised 
of cutoff valves, actuator, sensor, data manager, and other necessary 
components and electrical circuitry designed, operated and maintained to 
stop the flow of hazardous waste to the combustion unit automatically 
and immediately (except as provided by Sec.  63.1206(c)(3)(viii)) when 
any operating requirement is exceeded.
    Btu means British Thermal Units.
    By-pass duct means a device which diverts a minimum of 10 percent of 
a cement kiln's off gas, or a device which the Administrator determines 
on a case-by-case basis diverts a sample of kiln gas that contains 
levels of carbon monoxide or hydrocarbons representative of the levels 
in the kiln.
    Combustion chamber means the area in which controlled flame 
combustion of hazardous waste occurs.
    Continuous monitor means a device which continuously samples the 
regulated parameter specified in Sec.  63.1209 without interruption, 
evaluates the detector response at least once every 15 seconds, and 
computes and records the average value at least every 60 seconds, except 
during allowable periods of calibration and except as defined otherwise 
by the CEMS Performance Specifications in appendix B, part 60 of this 
chapter.
    Dioxin/furan and dioxins and furans mean tetra-, penta-, hexa-, 
hepta-, and octa-chlorinated dibenzo dioxins and furans.
    Existing source means any affected source that is not a new source.
    Feedrate operating limits means limits on the feedrate of materials 
(e.g., metals, chlorine) to the combustor that are established based on 
comprehensive performance testing. The limits are established and 
monitored by knowing the concentration of the limited material (e.g., 
chlorine) in each feedstream and the flowrate of each feedstream.
    Feedstream means any material fed into a hazardous waste combustor, 
including, but not limited to, any pumpable or nonpumpable solid, 
liquid, or gas.
    Flowrate means the rate at which a feedstream is fed into a 
hazardous waste combustor.
    Hazardous waste is defined in Sec.  261.3 of this chapter.
    Hazardous waste burning cement kiln means a rotary kiln and any 
associated preheater or precalciner devices that produce clinker by 
heating limestone and other materials for subsequent production of 
cement for use in commerce, and that burns hazardous waste at any time.
    Hazardous waste combustor means a hazardous waste incinerator, 
hazardous waste burning cement kiln, hazardous waste burning lightweight 
aggregate kiln, hazardous waste liquid fuel boiler, hazardous waste 
solid fuel boiler, or hazardous waste hydrochloric acid production 
furnace.
    Hazardous waste hydrochloric acid production furnace and Hazardous 
Waste HCl production furnace mean a halogen acid furnace defined under 
Sec.  260.10 of this chapter that produces aqueous hydrochloric acid 
(HCl) product and that burns hazardous waste at any time.
    Hazardous waste incinerator means a device defined as an incinerator 
in Sec.  260.10 of this chapter and that burns hazardous waste at any 
time. For purposes of this subpart, the hazardous waste incinerator 
includes all associated firing systems and air pollution control 
devices, as well as the combustion chamber equipment.
    Hazardous waste lightweight aggregate kiln means a rotary kiln that 
produces clinker by heating materials such as slate, shale and clay for 
subsequent production of lightweight aggregate used in commerce, and 
that burns hazardous waste at any time.

[[Page 11]]

    Hazardous waste liquid fuel boiler means a boiler defined under 
Sec.  260.10 of this chapter that does not burn solid fuels and that 
burns hazardous waste at any time. Liquid fuel boiler includes boilers 
that only burn gaseous fuel.
    Hazardous waste residence time means the time elapsed from cutoff of 
the flow of hazardous waste into the combustor (including, for example, 
the time required for liquids to flow from the cutoff valve into the 
combustor) until solid, liquid, and gaseous materials from the hazardous 
waste (excluding residues that may adhere to combustion chamber surfaces 
and excluding waste-derived recycled materials such as cement kiln dust 
and internally recycled metals) exit the combustion chamber. For 
combustors with multiple firing systems whereby the residence time may 
vary for the firing systems, the hazardous waste residence time for 
purposes of complying with this subpart means the longest residence time 
for any firing system in use at the time of the waste cutoff.
    Hazardous waste solid fuel boiler means a boiler defined under Sec.  
260.10 of this chapter that burns a solid fuel and that burns hazardous 
waste at any time.
    Initial comprehensive performance test means the comprehensive 
performance test that is used as the basis for initially demonstrating 
compliance with the standards.
    In-line kiln raw mill means a hazardous waste burning cement kiln 
design whereby kiln gas is ducted through the raw material mill for 
portions of time to facilitate drying and heating of the raw material.
    Instantaneous monitoring for combustion system leak control means 
detecting and recording pressure, without use of an averaging period, at 
a frequency adequate to detect combustion system leak events from 
hazardous waste combustion.
    Monovent means an exhaust configuration of a building or emission 
control device (e.g. positive pressure fabric filter) that extends the 
length of the structure and has a width very small in relation to its 
length (i.e., length to width ratio is typically greater than 5:1). The 
exhaust may be an open vent with or without a roof, louvered vents, or a 
combination of such features.
    MTEC means maximum theoretical emissions concentration of metals or 
HCl/Cl, expressed as [micro]g/dscm, and is calculated by dividing the 
feedrate by the gas flowrate.
    New source means any affected source the construction or 
reconstruction of which is commenced after the dates specified under 
Sec. Sec.  63.1206(a)(1)(i)(B), (a)(1)(ii)(B), and (a)(2)(ii).
    One-minute average means the average of detector responses 
calculated at least every 60 seconds from responses obtained at least 
every 15 seconds.
    Operating record means a documentation retained at the facility for 
ready inspection by authorized officials of all information required by 
the standards to document and maintain compliance with the applicable 
regulations, including data and information, reports, notifications, and 
communications with regulatory officials.
    Operating requirements means operating terms or conditions, limits, 
or operating parameter limits developed under this subpart that ensure 
compliance with the emission standards.
    Preheater tower combustion gas monitoring location means a location 
within the preheater tower of a dry process cement kiln downstream (in 
terms of gas flow) of all hazardous waste firing locations and where a 
representative sample of combustion gas to measure combustion efficiency 
can be monitored.
    Raw material feed means the prepared and mixed materials, which 
include but are not limited to materials such as limestone, clay, shale, 
sand, iron ore, mill scale, cement kiln dust and flyash, that are fed to 
a cement or lightweight aggregate kiln. Raw material feed does not 
include the fuels used in the kiln to produce heat to form the clinker 
product.
    Research, development, and demonstration source means a source 
engaged in laboratory, pilot plant, or prototype demonstration 
operations:
    (1) Whose primary purpose is to conduct research, development, or 
short-term demonstration of an innovative and experimental hazardous 
waste treatment technology or process; and

[[Page 12]]

    (2) Where the operations are under the close supervision of 
technically-trained personnel.
    Rolling average means the average of all one-minute averages over 
the averaging period.
    Run means the net period of time during which an air emission sample 
is collected under a given set of operating conditions. Three or more 
runs constitutes a test. Unless otherwise specified, a run may be either 
intermittent or continuous.
    Run average means the average of the one-minute average parameter 
values for a run.
    System removal efficiency means [1 - Emission Rate (mass/time) / 
Feedrate (mass/time)] X 100.
    TEQ means the international method of expressing toxicity 
equivalents for dioxins and furans as defined in U.S. EPA, Interim 
Procedures for Estimating Risks Associated with Exposures to Mixtures of 
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and 
1989 Update, March 1989.
    You means the owner or operator of a hazardous waste combustor.
    (b) The acronyms used in this subpart refer to the following:
    AWFCO means automatic waste feed cutoff.
    CAS means chemical abstract services registry.
    CEMS means continuous emissions monitoring system.
    CMS means continuous monitoring system.
    DRE means destruction and removal efficiency.
    MACT means maximum achievable control technology.
    MTEC means maximum theoretical emissions concentration.
    NIC means notification of intent to comply.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 35103, July 3, 2001; 67 FR 6986, Feb. 
14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59540, Oct. 12, 2005]



Sec.  63.1202  [Reserved]

   Interim Emissions Standards and Operating Limits For Incinerators, 
              Cement Kilns, and Lightweight Aggregate Kilns



Sec.  63.1203  What are the standards for hazardous waste incinerators
that are effective until compliance with the standards under 
Sec.  63.1219?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial particulate matter control device is 400 [deg]F or lower based 
on the average of the test run average temperatures. (For purposes of 
compliance, operation of a wet particulate control device is presumed to 
meet the 400 [deg]F or lower requirement);
    (2) Mercury in excess of 130 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 240 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or

[[Page 13]]

    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 77 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 34 mg/dscm corrected to 7 
percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to 7 
percent oxygen;
    (2) Mercury in excess of 45 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 120 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 21 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 34 mg/dscm corrected to 7 
percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE = [1-(Wout / Win)] x 100%

Where:

Win = mass feedrate of one principal organic hazardous 
          constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principle organic hazardous constituent (POHC) that 
you designate under paragraph (c)(3) of this section. You must 
demonstrate this DRE performance on POHCs that are more difficult to 
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and 
dibenzofurans. You must use the equation in paragraph (c)(1) of this 
section to calculate DRE for each POHC. In addition, you must notify the 
Administrator of your intent to incinerate hazardous wastes F020, F021, 
F022, F023, F026, or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the Principal Organic Hazardous Constituents (POHCs) in the waste 
feed that you specify under paragraph (c)(3)(ii) of this section to the 
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the

[[Page 14]]

most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1219 by 
placing a Documentation of Compliance in the operating record pursuant 
to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1219 by 
submitting a Notification of Compliance pursuant to Sec.  63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1219 pursuant 
to Sec.  63.1206 and any extensions granted there under.

[67 FR 6809, Feb. 13, 2002, as amended at 70 FR 59541, Oct. 12, 2005; 73 
FR 18979, Apr. 8, 2008]



Sec.  63.1204  What are the standards for hazardous waste burning cement
kilns that are effective until compliance with the standards under
Sec.  63.1220?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 330 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 56 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling 
system in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis and corrected to 7 percent oxygen. If you 
elect to comply with this carbon monoxide standard rather than the 
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you 
must also document that, during the destruction and removal efficiency 
(DRE) test runs or their equivalent as provided by Sec.  63.1206(b)(7), 
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, either:
    (A) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per 
million by volume, over an hourly rolling average (monitored 
continuously with a

[[Page 15]]

continuous emissions monitoring system), dry basis and corrected to 7 
percent oxygen. If you elect to comply with this carbon monoxide 
standard rather than the hydrocarbon standard under paragraph 
(a)(5)(ii)(A) of this section, you also must document that, during the 
destruction and removal efficiency (DRE) test runs or their equivalent 
as provided by Sec.  63.1206(b)(7), hydrocarbons in the main stack do 
not exceed 20 parts per million by volume during those runs, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 130 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis, corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity 
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw material 
feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section, 
you must compute the particulate matter emission rate, E, from the 
following equation:

E = (Cs x Qsd)/P

Where:

E = emission rate of particulate matter, kg/Mg of kiln raw material 
          feed;
Cs = concentration of particulate matter, kg/dscm;
Qsd = volumetric flowrate of effluent gas, dscm/hr; and
P = total kiln raw material feed (dry basis), Mg/hr.

    (iii) If you operate a preheater or preheater/precalciner kiln with 
dual stacks, you must test simultaneously and compute the combined 
particulate matter emission rate, Ec, from the following 
equation:

Ec = (Csk x Qsdk + Csb x 
Qsdb)/P

Where:

Ec = the combined emission rate of particulate matter from 
          the kiln and bypass stack, kg/Mg of kiln raw material feed;
Csk = concentration of particulate matter in the kiln 
          effluent, kg/dscm;
Qsdk = volumetric flowrate of kiln effluent gas, dscm/hr;
Csb = concentration of particulate matter in the bypass stack 
          effluent, kg/dscm;
Qsdb = volumetric flowrate of bypass stack effluent gas, 
          dscm/hr; and
P = total kiln raw material feed (dry basis), Mg/hr.

    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 180 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 54 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, carbon monoxide and 
hydrocarbons emissions are limited in both the bypass duct or midkiln 
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are 
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this 
section, you also must document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to

[[Page 16]]

7 percent oxygen, and reported as propane; or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of 
the kiln commenced after April 19, 1996 at a plant site where a cement 
kiln (whether burning hazardous waste or not) did not previously exist, 
to 50 parts per million by volume, over a 30-day block average 
(monitored continuously with a continuous monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, hydrocarbons and carbon monoxide are limited in the 
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane; or
    (B)(1) Carbon monoxide not exceeding 100 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane at any time during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7); and
    (3) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous monitoring system), dry basis, corrected to 7 percent 
oxygen, and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 86 parts per 
million, combined emissions, expressed as hydrochloric acid equivalents, 
dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity 
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw material 
feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section, 
you must compute the particulate matter emission rate, E, from the 
equation specified in paragraph (a)(7)(ii) of this section.
    (iii) If you operate a preheater or preheater/precalciner kiln with 
dual stacks, you must test simultaneously and compute the combined 
particulate matter emission rate, Ec, from the equation 
specified in paragraph (a)(7)(iii) of this section.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE=[1-(Wout/Win)] x 100%

Where:

Win = mass feedrate of one principal organic hazardous 
          constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principle organic hazardous constituent (POHC) that 
you designate under paragraph (c)(3) of this section. You must 
demonstrate this DRE performance on POHCs that are more difficult to 
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and

[[Page 17]]

dibenzofurans. You must use the equation in paragraph (c)(1) of this 
section to calculate DRE for each POHC. In addition, you must notify the 
Administrator of your intent to incinerate hazardous wastes F020, F021, 
F022, F023, F026, or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the Principal Organic Hazardous Constituents (POHCs) in the waste 
feed that you specify under paragraph (c)(3)(ii) of this section to the 
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Cement kilns with in-line kiln raw mills--(1) General. (i) You 
must conduct performance testing when the raw mill is on-line and when 
the mill is off-line to demonstrate compliance with the emission 
standards, and you must establish separate operating parameter limits 
under Sec.  63.1209 for each mode of operation, except as provided by 
paragraph (d)(1)(iv) of this section.
    (ii) You must document in the operating record each time you change 
from one mode of operation to the alternate mode and begin complying 
with the operating parameter limits for that alternate mode of 
operation.
    (iii) You must calculate rolling averages for operating parameter 
limits as provided by Sec.  63.1209(q)(2).
    (iv) If your in-line kiln raw mill has dual stacks, you may assume 
that the dioxin/furan emission levels in the by-pass stack and the 
operating parameter limits determined during performance testing of the 
by-pass stack when the raw mill is off-line are the same as when the 
mill is on-line.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards on a time-weighted average basis under the 
following procedures:
    (i) Averaging methodology. You must calculate the time-weighted 
average emission concentration with the following equation:

Ctotal={Cmill-off x (Tmill-off/
(Tmill-off + Tmill-on)){time}  + 
{Cmill-on x (Tmill-on /(Tmill-off + 
Tmill-on)){time} 

Where:

Ctotal = time-weighted average concentration of a regulated 
          constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of 
          regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of 
          regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the 
          raw mill; and
Tmill-on = time when kiln gases are routed through the raw 
          mill.

    (ii) Compliance. (A) If you use this emission averaging provision, 
you must document in the operating record compliance with the emission 
standards on an annual basis by using the equation provided by paragraph 
(d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the 
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with one 
or more emission standards using this emission averaging provision, you 
must notify the Administrator in the initial comprehensive performance 
test plan submitted under Sec.  63.1207(e).
    (B) You must include historical raw mill operation data in the 
performance test plan to estimate future raw mill down-time and document 
in the performance test plan that estimated emissions and estimated raw 
mill down-time will not result in an exceedance of an emission standard 
on an annual basis.
    (C) You must document in the notification of compliance submitted 
under Sec.  63.1207(j) that an emission standard will not be exceeded 
based on the documented emissions from the performance test and 
predicted raw mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks--(1) 
General. You

[[Page 18]]

must conduct performance testing on each stack to demonstrate compliance 
with the emission standards, and you must establish operating parameter 
limits under Sec.  63.1209 for each stack, except as provided by 
paragraph (d)(1)(iv) of this section for dioxin/furan emissions testing 
and operating parameter limits for the by-pass stack of in-line raw 
mills.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:

Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time}  + {Cbypass x 
(Qbypass / (Qmain + Qbypass)){time} 

Where:

Ctot = gas flowrate-weighted average concentration of the 
          regulated constituent;
Cmain = average performance test concentration demonstrated 
          in the main stack;
Cbypass = average performance test concentration demonstrated 
          in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.

    (ii) Compliance. (A) You must demonstrate compliance with the 
emission standard(s) using the emission concentrations determined from 
the performance tests and the equation provided by paragraph (e)(1) of 
this section; and
    (B) You must develop operating parameter limits for bypass stack and 
main stack flowrates that ensure the emission concentrations calculated 
with the equation in paragraph (e)(1) of this section do not exceed the 
emission standards on a 12-hour rolling average basis. You must include 
these flowrate limits in the Notification of Compliance.
    (iii) Notification. If you elect to document compliance under this 
emissions averaging provision, you must:
    (A) Notify the Administrator in the initial comprehensive 
performance test plan submitted under Sec.  63.1207(e). The performance 
test plan must include, at a minimum, information describing the 
flowrate limits established under paragraph (e)(2)(ii)(B) of this 
section; and
    (B) Document in the Notification of Compliance submitted under Sec.  
63.1207(j) the demonstrated gas flowrate-weighted average emissions that 
you calculate with the equation provided by paragraph (e)(2) of this 
section.
    (f) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (g) [Reserved]
    (h) When you comply with the particulate matter requirements of 
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New 
Source Performance Standard for particulate matter and opacity under 
Sec.  60.60 of this chapter.
    (i) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1220 by 
placing a Documentation of Compliance in the operating record pursuant 
to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1220 by 
submitting a Notification of Compliance pursuant to Sec.  63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1220 pursuant 
to Sec.  63.1206 and any extensions granted there under.

[67 FR 6809, Feb. 13, 2002, as amended at 67 FR 6987, Feb. 14, 2002; 70 
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]



Sec.  63.1205  What are the standards for hazardous waste burning 
lightweight aggregate kilns that are effective until compliance with 
the standards under Sec.  63.1221?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Rapid quench of the combustion gas temperature at the exit of 
the

[[Page 19]]

(last) combustion chamber (or exit of any waste heat recovery system) to 
400 [deg]F or lower based on the average of the test run average 
temperatures. You must also notify in writing the RCRA authority that 
you are complying with this option;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 250 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess 
of 100 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis and corrected to 7 percent oxygen. If you elect to comply with 
this carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons do not 
exceed 20 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over 
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 57 mg/dscm corrected to 7 
percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Rapid quench of the combustion gas temperature at the exit of 
the (last) combustion chamber (or exit of any waste heat recovery 
system) to 400 [deg]F or lower based on the average of the test run 
average temperatures. You must also notify in writing the RCRA authority 
that you are complying with this option;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 43 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess 
of 100 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis and corrected to 7 percent oxygen. If you elect to comply with 
this carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (b)(5)(ii) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons do not 
exceed 20 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over 
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 57 mg/dscm corrected to 7 
percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of

[[Page 20]]

99.99% for each principal organic hazardous constituent (POHC) 
designated under paragraph (c)(3) of this section. You must calculate 
DRE for each POHC from the following equation:

DRE = [1--(Wout / Win)] x 100%

Where:

Win = mass feedrate of one principal organic hazardous 
          constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principal organic hazardous constituent (POHC) that 
you designate under paragraph (c)(3) of this section. You must 
demonstrate this DRE performance on POHCs that are more difficult to 
incinerate than tetra-, penta-, and hexachlorodibenzo-dioxins and 
dibenzofurans. You must use the equation in paragraph (c)(1) of this 
section to calculate DRE for each POHC. In addition, you must notify the 
Administrator of your intent to burn hazardous wastes F020, F021, F022, 
F023, F026, or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the Principal Organic Hazardous Constituents (POHCs) in the waste 
feed that you specify under paragraph (c)(3)(ii) of this section to the 
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1221 by 
placing a Documentation of Compliance in the operating record pursuant 
to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1221 by 
submitting a Notification of Compliance pursuant to Sec.  63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1221 pursuant 
to Sec.  63.1206 and any extensions granted there under.

[67 FR 6812, Feb. 13, 2002, as amended at 67 FR 77691, Dec. 19, 2002; 70 
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]

                  Monitoring and Compliance Provisions



Sec.  63.1206  When and how must you comply with the standards and
operating requirements?

    (a) Compliance dates--(1) Compliance dates for incinerators, cement 
kilns, and lightweight aggregate kilns that burn hazardous waste--(i) 
Compliance date for standards under Sec. Sec.  63.1203, 63.1204, and 
63.1205--(A) Compliance dates for existing sources. You must comply with 
the emission standards under Sec. Sec.  63.1203, 63.1204, and 63.1205 
and the other requirements of this subpart no later than the compliance 
date, September 30, 2003, unless the Administrator grants you an 
extension of time under Sec.  63.6(i) or Sec.  63.1213, except:
    (1) Cement kilns are exempt from the bag leak detection system 
requirements under paragraph (c)(8) of this section;
    (2) The bag leak detection system required under Sec.  63.1206(c)(8) 
must be capable of continuously detecting and recording particulate 
matter emissions at concentrations of 1.0 milligram per actual cubic 
meter unless you demonstrate under Sec.  63.1209(g)(1) that a higher 
detection limit would adequately detect bag leaks, in lieu of the 
requirement for the higher detection

[[Page 21]]

limit under paragraph (c)(8)(ii)(A) of this section; and
    (3) The excessive exceedances notification requirements for bag leak 
detection systems under paragraph (c)(8)(iv) of this section are waived.
    (B) New or reconstructed sources. (1) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 19, 
1996, you must comply with the emission standards under Sec. Sec.  
63.1203, 63.1204, and 63.1205 and the other requirements of this subpart 
by the later of September 30, 1999 or the date the source starts 
operations, except as provided by paragraphs (a)(1)(i)(A)(1) through (3) 
and (a)(1)(i)(B)(2) of this section. The costs of retrofitting and 
replacement of equipment that is installed specifically to comply with 
this subpart, between April 19, 1996 and a source's compliance date, are 
not considered to be reconstruction costs.
    (2) For a standard under Sec. Sec.  63.1203, 63.1204, and 63.1205 
that is more stringent than the standard proposed on April 19, 1996, you 
may achieve compliance no later than September 30, 2003 if you comply 
with the standard proposed on April 19, 1996 after September 30, 1999. 
This exception does not apply, however, to new or reconstructed area 
source hazardous waste combustors that become major sources after 
September 30, 1999. As provided by Sec.  63.6(b)(7), such sources must 
comply with the standards under Sec. Sec.  63.1203, 63.1204, and 63.1205 
at startup.
    (ii) Compliance date for standards under Sec. Sec.  63.1219, 
63.1220, and 63.1221--(A) Compliance dates for existing sources. You 
must comply with the emission standards under Sec. Sec.  63.1219, 
63.1220, and 63.1221 and the other requirements of this subpart no later 
than the compliance date, October 14, 2008, unless the Administrator 
grants you an extension of time under Sec.  63.6(i) or Sec.  63.1213.
    (B) New or reconstructed sources. (1) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 20, 
2004, you must comply with the new source emission standards under 
Sec. Sec.  63.1219, 63.1220, and 63.1221 and the other requirements of 
this subpart by the later of October 12, 2005 or the date the source 
starts operations, except as provided by paragraphs (a)(1)(ii)(B)(2) and 
(a)(1)(ii)(B)(3) of this section. The costs of retrofitting and 
replacement of equipment that is installed specifically to comply with 
this subpart, between April 20, 2004, and a source's compliance date, 
are not considered to be reconstruction costs.
    (2) For a standard under Sec. Sec.  63.1219, 63.1220, and 63.1221 
that is more stringent than the standard proposed on April 20, 2004, you 
may achieve compliance no later than October 14, 2008, if you comply 
with the standard proposed on April 20, 2004, after October 12, 2005. 
This exception does not apply, however, to new or reconstructed area 
source hazardous waste combustors that become major sources after 
October 14, 2008. As provided by Sec.  63.6(b)(7), such sources must 
comply with the standards under Sec. Sec.  63.1219, 63.1220, and 63.1221 
at startup.
    (3) If you commenced construction or reconstruction of a cement kiln 
after April 20, 2004, you must comply with the new source emission 
standard for particulate matter under Sec.  63.1220(b)(7)(i) by the 
later of October 28, 2008 or the date the source starts operations.
    (2) Compliance date for solid fuel boilers, liquid fuel boilers, and 
hydrochloric acid production furnaces that burn hazardous waste for 
standards under Sec. Sec.  63.1216, 63.1217, and 63.1218. (i) Compliance 
date for existing sources. You must comply with the standards of this 
subpart no later than the compliance date, October 14, 2008, unless the 
Administrator grants you an extension of time under Sec.  63.6(i) or 
Sec.  63.1213.
    (ii) New or reconstructed sources. (A) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 20, 
2004, you must comply with the new source emission standards of this 
subpart by the later of October 12, 2005, or the date the source starts 
operations, except as provided by paragraph (a)(2)(ii)(B) of this 
section. The costs of retrofitting and replacement of equipment that is 
installed specifically to comply with this subpart, between April 20, 
2004, and a source's compliance date, are not considered to be 
reconstruction costs.

[[Page 22]]

    (B) For a standard in the subpart that is more stringent than the 
standard proposed on April 20, 2004, you may achieve compliance no later 
than October 14, 2008, if you comply with the standard proposed on April 
20, 2004, after October 12, 2005. This exception does not apply, 
however, to new or reconstructed area source hazardous waste combustors 
that become major sources after October 14, 2008. As provided by Sec.  
63.6(b)(7), such sources must comply with this subpart at startup.
    (3) Early compliance. If you choose to comply with the emission 
standards of this subpart prior to the dates specified in paragraphs 
(a)(1) and (a)(2) of this section, your compliance date is the earlier 
of the date you postmark the Notification of Compliance under Sec.  
63.1207(j)(1) or the dates specified in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Compliance with standards--(1) Applicability. The emission 
standards and operating requirements set forth in this subpart apply at 
all times except:
    (i) During periods of startup, shutdown, and malfunction; and
    (ii) When hazardous waste is not in the combustion chamber (i.e., 
the hazardous waste feed to the combustor has been cut off for a period 
of time not less than the hazardous waste residence time) and you have 
documented in the operating record that you are complying with all 
otherwise applicable requirements and standards promulgated under 
authority of sections 112 (e.g., 40 CFR part 63, subparts LLL, DDDDD, 
and NNNNN) or 129 of the Clean Air Act in lieu of the emission standards 
under Sec. Sec.  63.1203, 63.1204, 63.1205, 63.1215, 63.1216, 63.1217, 
63.1218, 63.1219, 63.1220, and 63.1221; the monitoring and compliance 
standards of this section and Sec. Sec.  63.1207 through 63.1209, except 
the modes of operation requirements of Sec.  63.1209(q); and the 
notification, reporting, and recordkeeping requirements of Sec. Sec.  
63.1210 through 63.1212.
    (2) Methods for determining compliance. The Administrator will 
determine compliance with the emission standards of this subpart as 
provided by Sec.  63.6(f)(2). Conducting performance testing under 
operating conditions representative of the extreme range of normal 
conditions is consistent with the requirements of Sec. Sec.  
63.6(f)(2)(iii)(B) and 63.7(e)(1) to conduct performance testing under 
representative operating conditions.
    (3) Finding of compliance. The Administrator will make a finding 
concerning compliance with the emission standards and other requirements 
of this subpart as provided by Sec.  63.6(f)(3).
    (4) Extension of compliance with emission standards. The 
Administrator may grant an extension of compliance with the emission 
standards of this subpart as provided by Sec. Sec.  63.6(i) and 63.1213.
    (5) Changes in design, operation, or maintenance--(i) Changes that 
may adversely affect compliance. If you plan to change (as defined in 
paragraph (b)(5)(iii) of this section) the design, operation, or 
maintenance practices of the source in a manner that may adversely 
affect compliance with any emission standard that is not monitored with 
a CEMS:
    (A) Notification. You must notify the Administrator at least 60 days 
prior to the change, unless you document circumstances that dictate that 
such prior notice is not reasonably feasible. The notification must 
include:
    (1) A description of the changes and which emission standards may be 
affected; and
    (2) A comprehensive performance test schedule and test plan under 
the requirements of Sec.  63.1207(f) that will document compliance with 
the affected emission standard(s);
    (B) Performance test. You must conduct a comprehensive performance 
test under the requirements of Sec. Sec.  63.1207(f)(1) and (g)(1) to 
document compliance with the affected emission standard(s) and establish 
operating parameter limits as required under Sec.  63.1209, and submit 
to the Administrator a Notification of Compliance under Sec. Sec.  
63.1207(j) and 63.1210(d); and
    (C) Restriction on waste burning. (1) Except as provided by 
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior to 
submitting the notification of compliance, you must not burn hazardous 
waste for more than a total of 720 hours (renewable at the discretion of 
the Administrator) and only

[[Page 23]]

for the purposes of pretesting or comprehensive performance testing. 
Pretesting is defined at Sec.  63.1207(h)(2)(i) and (ii).
    (2) You may petition the Administrator to obtain written approval to 
burn hazardous waste in the interim prior to submitting a Notification 
of Compliance for purposes other than testing or pretesting. You must 
specify operating requirements, including limits on operating 
parameters, that you determine will ensure compliance with the emission 
standards of this subpart based on available information. The 
Administrator will review, modify as necessary, and approve if warranted 
the interim operating requirements.
    (ii) Changes that will not affect compliance. If you determine that 
a change will not adversely affect compliance with the emission 
standards or operating requirements, you must document the change in the 
operating record upon making such change. You must revise as necessary 
the performance test plan, Documentation of Compliance, Notification of 
Compliance, and start-up, shutdown, and malfunction plan to reflect 
these changes.
    (iii) Definition of ``change.'' For purposes of paragraph (b)(5) of 
this section, ``change'' means any change in design, operation, or 
maintenance practices that were documented in the comprehensive 
performance test plan, Notification of Compliance, or startup, shutdown, 
and malfunction plan.
    (6) Compliance with the carbon monoxide and hydrocarbon emission 
standards. This paragraph applies to sources that elect to comply with 
the carbon monoxide and hydrocarbon emissions standards of this subpart 
by documenting continuous compliance with the carbon monoxide standard 
using a continuous emissions monitoring system and documenting 
compliance with the hydrocarbon standard during the destruction and 
removal efficiency (DRE) performance test or its equivalent.
    (i) If a DRE test performed pursuant to Sec.  63.1207(c)(2) is 
acceptable as documentation of compliance with the DRE standard, you may 
use the highest hourly rolling average hydrocarbon level achieved during 
the DRE test runs to document compliance with the hydrocarbon standard. 
An acceptable DRE test is any test for which the data and results are 
determined to meet quality assurance objectives (on a site-specific 
basis) such that the results adequately demonstrate compliance with the 
DRE standard.
    (ii) If during this acceptable DRE test you did not obtain 
hydrocarbon emissions data sufficient to document compliance with the 
hydrocarbon standard, you must either:
    (A) Perform, as part of the performance test, an ``equivalent DRE 
test'' to document compliance with the hydrocarbon standard. An 
equivalent DRE test is comprised of a minimum of three runs each with a 
minimum duration of one hour during which you operate the combustor as 
close as reasonably possible to the operating parameter limits that you 
established based on the initial DRE test. You must use the highest 
hourly rolling average hydrocarbon emission level achieved during the 
equivalent DRE test to document compliance with the hydrocarbon 
standard; or
    (B) Perform a DRE test as part of the performance test.
    (7) Compliance with the DRE standard. (i) Except as provided in 
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
    (A) You must document compliance with the Destruction and Removal 
Efficiency (DRE) standard under this subpart only once provided that you 
do not modify the source after the DRE test in a manner that could 
affect the ability of the source to achieve the DRE standard.
    (B) You may use any DRE test data that documents that your source 
achieves the required level of DRE provided:
    (1) You have not modified the design or operation of your source in 
a manner that could effect the ability of your source to achieve the DRE 
standard since the DRE test was performed; and,
    (2) The DRE test data meet quality assurance objectives determined 
on a site-specific basis.
    (ii) Sources that feed hazardous waste at locations other than the 
normal flame zone. (A) Except as provided by paragraph (b)(7)(ii)(B) of 
this section, if you feed hazardous waste at a location in the 
combustion system other than the

[[Page 24]]

normal flame zone, then you must demonstrate compliance with the DRE 
standard during each comprehensive performance test;
    (B)(1) A cement kiln that feeds hazardous waste at a location other 
than the normal flame zone need only demonstrate compliance with the DRE 
standard during three consecutive comprehensive performance tests 
provided that:
    (i) All three tests achieve the DRE standard in this subpart; and
    (ii) The design, operation, and maintenance features of each of the 
three tests are similar;
    (iii) The data in lieu restriction of Sec.  63.1207(c)(2)(iv) does 
not apply when complying with the provisions of paragraph (b)(7)(ii)(B) 
of this section;
    (2) If at any time you change your design, operation, and 
maintenance features in a manner that could reasonably be expected to 
affect your ability to meet the DRE standard, then you must comply with 
the requirements of paragraph (b)(7)(ii)(A) of this section.
    (iii) For sources that do not use DRE previous testing to document 
conformance with the DRE standard pursuant to Sec.  63.1207(c)(2), you 
must perform DRE testing during the initial comprehensive performance 
test.
    (8) Applicability of particulate matter and opacity standards during 
particulate matter CEMS correlation tests. (i) Any particulate matter 
and opacity standards of parts 60, 61, 63, 264, 265, and 266 of this 
chapter (i.e., any title 40 particulate or opacity standards) applicable 
to a hazardous waste combustor do not apply while you conduct 
particulate matter continuous emissions monitoring system (CEMS) 
correlation tests (i.e., correlation with manual stack methods) under 
the conditions of paragraphs (b)(8)(iii) through (vii) of this section.
    (ii) Any permit or other emissions or operating parameter limits or 
conditions, including any limitation on workplace practices, that are 
applicable to hazardous waste combustors to ensure compliance with any 
particulate matter and opacity standards of parts 60, 61, 63, 264, 265, 
and 266 of this chapter (i.e., any title 40 particulate or opacity 
standards) do not apply while you conduct particulate matter CEMS 
correlation tests under the conditions of paragraphs (b)(8)(iii) through 
(vii) of this section.
    (iii) For the provisions of this section to apply, you must:
    (A) Develop a particulate matter CEMS correlation test plan that 
includes the following information. This test plan may be included as 
part of the comprehensive performance test plan required under 
Sec. Sec.  63.1207(e) and (f):
    (1) Number of test conditions and number of runs for each test 
condition;
    (2) Target particulate matter emission level for each test 
condition;
    (3) How you plan to modify operations to attain the desired 
particulate matter emission levels; and
    (4) Anticipated normal particulate matter emission levels; and
    (B) Submit the test plan to the Administrator for approval at least 
90 calendar days before the correlation test is scheduled to be 
conducted.
    (iv) The Administrator will review and approve/disapprove the 
correlation test plan under the procedures for review and approval of 
the site-specific test plan provided by Sec.  63.7(c)(3)(i) and (iii). 
If the Administrator fails to approve or disapprove the correlation test 
plan within the time period specified by Sec.  63.7(c)(3)(i), the plan 
is considered approved, unless the Administrator has requested 
additional information.
    (v) The particulate matter and opacity standards and associated 
operating limits and conditions will not be waived for more than 96 
hours, in the aggregate, for a correlation test, including all runs of 
all test conditions, unless more time is approved by the Administrator.
    (vi) The stack sampling team must be on-site and prepared to perform 
correlation testing no later than 24 hours after you modify operations 
to attain the desired particulate matter emissions concentrations, 
unless you document in the correlation test plan that a longer period of 
conditioning is appropriate.
    (vii) You must return to operating conditions indicative of 
compliance with the applicable particulate matter and opacity standards 
as soon as possible after correlation testing is completed.

[[Page 25]]

    (9) Alternative standards for existing or new hazardous waste 
burning lightweight aggregate kilns using MACT. (i) You may petition the 
Administrator to request alternative standards to the mercury or 
hydrogen chloride/chlorine gas emission standards of this subpart, to 
the semivolatile metals emission standards under Sec. Sec.  63.1205, 
63.1221(a)(3)(ii), or 63.1221(b)(3)(ii), or to the low volatile metals 
emissions standards under Sec. Sec.  63.1205, 63.1221(a)(4)(ii), or 
63.1221(b)(4)(ii) if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of raw material 
contributions to emissions of mercury, semivolatile metals, low volatile 
metals, or hydrogen chloride/chlorine gas; or
    (B) You determine that mercury is not present at detectable levels 
in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(9)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(9)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions prevent you from complying with the emission standard even 
though the source is using MACT, as defined under paragraphs 
(b)(9)(viii) and (ix) of this section, for the standard for which you 
are seeking relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(9)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatility metal alternative standard petitions that you submit 
under paragraph (b)(9)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metals, 
low volatile metals, and hydrogen chloride/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(9)(i)(A) of this 
section documenting that semivolatile metals, low volatile metals, and 
hydrogen chloride/chlorine gas emissions attributable to the hazardous 
waste only will not exceed the emission standards of this subpart.
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in this subpart:
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning lightweight aggregate kilns is defined 
as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 24 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 120,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less; and
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 2,000,000 [micro]gm/dscm or less, 
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 85 percent or greater.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning lightweight aggregate kilns is defined as:

[[Page 26]]

    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 4 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 46,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 14,000,000 [micro]gm/dscm or less, 
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 99.6 percent or greater.
    (10) Alternative standards for existing or new hazardous waste 
burning cement kilns using MACT. (i) You may petition the Administrator 
to request alternative standards to the mercury or hydrogen chloride/
chlorine gas emission standards of this subpart, to the semivolatile 
metals emission standards under Sec. Sec.  63.1204, 63.1220(a)(3)(ii), 
or 63.1220(b)(3)(ii), or to the low volatile metals emissions standards 
under Sec. Sec.  63.1204, 63.1220(a)(4)(ii), or 63.1220(b)(4)(ii) if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of raw material 
contributions to emissions of mercury, semivolatile metals, low volatile 
metals, or hydrogen chloride/chlorine gas; or
    (B) You determine that mercury is not present at detectable levels 
in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(10)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(10)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions prevent you from complying with the emission standard even 
though the source is using MACT, as defined in paragraphs (b)(10)(viii) 
and (ix) of this section, for the standard for which you are seeking 
relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(10)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatile metal alternative standard petitions that you submit under 
paragraph (b)(10)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metals, 
low volatile metals, and hydrogen chloride/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(10)(i)(A) of this 
section documenting that emissions of the regulated metals and hydrogen 
chloride/chlorine gas attributable to the hazardous waste only will not 
exceed the emission standards in this subpart.
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in this subpart:
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 88 [micro]g/dscm or less;

[[Page 27]]

    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 54,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less; and
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 720,000 [micro]gm/dscm or less.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 7 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 15,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 420,000 [micro]gm/dscm or less.
    (11) Calculation of hazardous waste residence time. You must 
calculate the hazardous waste residence time and include the calculation 
in the performance test plan under Sec.  63.1207(f) and the operating 
record. You must also provide the hazardous waste residence time in the 
Documentation of Compliance under Sec.  63.1211(c) and the Notification 
of Compliance under Sec. Sec.  63.1207(j) and 63.1210(d).
    (12) Documenting compliance with the standards based on performance 
testing. (i) You must conduct a minimum of three runs of a performance 
test required under Sec.  63.1207 to document compliance with the 
emission standards of this subpart.
    (ii) You must document compliance with the emission standards based 
on the arithmetic average of the emission results of each run, except 
that you must document compliance with the destruction and removal 
efficiency standard for each run of the comprehensive performance test 
individually.
    (13) Cement kilns and lightweight aggregate kilns that feed 
hazardous waste at a location other than the end where products are 
normally discharged and where fuels are normally fired. (i) Cement kilns 
that feed hazardous waste at a location other than the end where 
products are normally discharged and where fuels are normally fired must 
comply with the carbon monoxide and hydrocarbon standards of this 
subpart as follows:
    (A) For existing sources, you must not discharge or cause combustion 
gases to be emitted into the atmosphere that contain either:
    (1) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (2) Hydrocarbons both in the by-pass duct and at a preheater tower 
combustion gas monitoring location in excess of 10 parts per million by 
volume, at each location, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (3) If the only firing location of hazardous waste upstream (in 
terms of gas flow) of the point where combustion gases are diverted into 
the bypass duct is at the kiln end where products are normally 
discharged, then both hydrocarbons at the preheater tower combustion gas 
monitoring location in excess of 10 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane, and either hydrocarbons in the by-pass duct in 
excess of 10 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry

[[Page 28]]

basis, corrected to 7 percent oxygen, and reported as propane, or carbon 
monoxide in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, and corrected to 7 percent oxygen. If you 
comply with the carbon monoxide standard of 100 parts per million by 
volume in the by-pass duct, then you must also not discharge or cause 
combustion gases to be emitted into the atmosphere that contain 
hydrocarbons in the by-pass duct in excess of 10 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane, at any time during the 
destruction and removal efficiency (DRE) test runs or their equivalent 
as provided by Sec.  63.1206(b)(7).
    (B) For new sources, you must not discharge or cause combustion 
gases to be emitted into the atmosphere that contain either:
    (1) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (2)(i) Hydrocarbons both in the by-pass duct and at a preheater 
tower combustion gas monitoring location in excess of 10 parts per 
million by volume, at each location, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis, corrected to 7 percent oxygen, and reported as propane, and
    (ii) Hydrocarbons in the main stack, if construction of the kiln 
commenced after April 19, 1996 at a plant site where a cement kiln 
(whether burning hazardous waste or not) did not previously exist, to 50 
parts per million by volume, over a 30-day block average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (3)(i) If the only firing location of hazardous waste upstream (in 
terms of gas flow) of the point where combustion gases are diverted into 
the bypass duct is at the kiln end where products are normally 
discharged, then both hydrocarbons at the preheater tower combustion gas 
monitoring location in excess of 10 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane, and either hydrocarbons in the by-pass duct in 
excess of 10 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis, corrected to 7 percent oxygen, and reported as propane, or 
carbon monoxide in excess of 100 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, and corrected to 7 percent 
oxygen. If you comply with the carbon monoxide standard of 100 parts per 
million by volume in the by-pass duct, then you must also not discharge 
or cause combustion gases to be emitted into the atmosphere that contain 
hydrocarbons in the by-pass duct in excess of 10 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane, at any time during the 
destruction and removal efficiency (DRE) test runs or their equivalent 
as provided by Sec.  63.1206(b)(7).
    (ii) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous emissions monitoring system), dry basis, corrected to 
7 percent oxygen, and reported as propane.
    (ii) Lightweight aggregate kilns that feed hazardous waste at a 
location other than the end where products are normally discharged and 
where fuels are normally fired must comply with the hydrocarbon 
standards of this subpart as follows:
    (A) Existing sources must comply with the 20 parts per million by 
volume hydrocarbon standard of this subpart;

[[Page 29]]

    (B) New sources must comply with the 20 parts per million by volume 
hydrocarbon standard of this subpart.
    (14) Alternative to the particulate matter standard for 
incinerators--(i) General. In lieu of complying with the particulate 
matter standards under Sec.  63.1203, you may elect to comply with the 
following alternative metal emission control requirements:
    (ii) Alternative metal emission control requirements for existing 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 240 [micro]gm/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 97 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (iii) Alternative metal emission control requirements for new 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 24 [micro]gm/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 97 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (iv) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (b)(14)(ii) and 
(iii) of this section pursuant to Sec.  63.1209(n), except that 
semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
    (15) Alternative to the interim standards for mercury for cement and 
lightweight aggregate kilns--(i) General. In lieu of complying with the 
applicable mercury standards of Sec. Sec.  63.1204(a)(2) and (b)(2) for 
existing and new cement kilns and Sec. Sec.  63.1205(a)(2) and (b)(2) 
for existing and new lightweight aggregate kilns, you may instead elect 
to comply with the alternative mercury standard described in paragraphs 
(b)(15)(ii) through (b)(15)(v) of this section.
    (ii) Operating requirement. You must not exceed a hazardous waste 
feedrate corresponding to a maximum theoretical emission concentration 
(MTEC) of 120 [micro]g/dscm on a twelve-hour rolling average.
    (iii) To document compliance with the operating requirement of 
paragraph (b)(15)(ii) of this section, you must:
    (A) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec.  63.1209(c);
    (B) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (C) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of 
this section to the AWFCO system to stop hazardous waste burning when 
the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of 
this section.
    (iv) In lieu of the requirement in paragraph (b)(15)(iii) of this 
section, you may:
    (A) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (b)(15)(iii)(C) of this section is below the operating 
requirement of paragraph (b)(15)(ii) of this section; and
    (B) Interlock the minimum gas flowrate limit and maximum feedrate 
limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system 
to stop hazardous waste burning when the gas flowrate or mercury 
feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section.
    (v) Notification requirement. You must notify in writing the RCRA 
authority that you intend to comply with the alternative standard.

[[Page 30]]

    (16) Compliance with subcategory standards for liquid fuel boilers. 
You must comply with the mercury, semivolatile metals, low volatile 
metals, and hydrogen chloride and chlorine standards for liquid fuel 
boilers under Sec.  63.1217 as follows:
    (i) You must determine the as-fired heating value of each batch of 
hazardous waste fired by each firing system of the boiler so that you 
know the mass-weighted heating value of the hazardous waste fired at all 
times.
    (ii) If the as-fired heating value of the hazardous waste is 10,000 
Btu per pound or greater, you are subject to the thermal emission 
concentration standards (lb/million Btu) under Sec.  63.1217.
    (iii) If the as-fired heating value of the hazardous waste is less 
than 10,000 Btu/lb, you are subject to the mass or volume emission 
concentration standards ([micro]gm/dscm or ppmv) under Sec.  63.1217.
    (iv) If the as-fired heating value of hazardous wastes varies above 
and below 10,000 Btu/lb over time, you are subject to the thermal 
concentration standards when the heating value is 10,000 Btu/lb or 
greater and the mass concentration standards when the heating value is 
less than 10,000 Btu/lb. You may elect to comply at all times with the 
more stringent operating requirements that ensure compliance with both 
the thermal emission concentration standards and the mass or volume 
emission concentration standards.
    (c) Operating requirements--(1) General. (i) You must operate only 
under the operating requirements specified in the Documentation of 
Compliance under Sec.  63.1211(c) or the Notification of Compliance 
under Sec. Sec.  63.1207(j) and 63.1210(d), except:
    (A) During performance tests under approved test plans according to 
Sec.  63.1207(e), (f), and (g), and
    (B) Under the conditions of paragraph (b)(1)(i) or (ii) of this 
section;
    (ii) The Documentation of Compliance and the Notification of 
Compliance must contain operating requirements including, but not 
limited to, the operating requirements in this section and Sec.  63.1209
    (iii) Failure to comply with the operating requirements is failure 
to ensure compliance with the emission standards of this subpart;
    (iv) Operating requirements in the Notification of Compliance are 
applicable requirements for purposes of parts 70 and 71 of this chapter;
    (v) The operating requirements specified in the Notification of 
Compliance will be incorporated in the title V permit.
    (2) Startup, shutdown, and malfunction plan. (i) You are subject to 
the startup, shutdown, and malfunction plan requirements of Sec.  
63.6(e)(3).
    (ii) If you elect to comply with Sec. Sec.  270.235(a)(1)(iii), 
270.235(a)(2)(iii), or 270.235(b)(1)(ii) of this chapter to address RCRA 
concerns that you minimize emissions of toxic compounds from startup, 
shutdown, and malfunction events (including releases from emergency 
safety vents):
    (A) The startup, shutdown, and malfunction plan must include a 
description of potential causes of malfunctions, including releases from 
emergency safety vents, that may result in significant releases of 
hazardous air pollutants, and actions the source is taking to minimize 
the frequency and severity of those malfunctions.
    (B) You must submit the startup, shutdown, and malfunction plan to 
the Administrator for review and approval.
    (1) Approval procedure. The Administrator will notify you of 
approval or intention to deny approval of the startup, shutdown, and 
malfunction plan within 90 calendar days after receipt of the original 
request and within 60 calendar days after receipt of any supplemental 
information that you submit. Before disapproving the plan, the 
Administrator will notify you of the Administrator's intention to 
disapprove the plan together with:
    (i) Notice of the information and findings on which intended 
disapproval is based; and
    (ii) Notice of opportunity for you to present additional information 
to the Administrator before final action on disapproval of the plan. At 
the time the Administrator notifies you of intention to disapprove the 
plan, the Administrator will specify how much time you will have after 
being notified

[[Page 31]]

on the intended disapproval to submit additional information.
    (2) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your plan in a timely manner to enable the Administrator to 
consider whether to approve the plan. Neither your submittal of the 
plan, nor the Administrator's failure to approve or disapprove the plan, 
relieves you of the responsibility to comply with the provisions of this 
subpart.
    (C) Changes to the plan that may significantly increase emissions. 
(1) You must request approval in writing from the Administrator within 5 
days after making a change to the startup, shutdown, and malfunction 
plan that may significantly increase emissions of hazardous air 
pollutants.
    (2) To request approval of such changes to the startup, shutdown, 
and malfunction plan, you must follow the procedures provided by 
paragraph (c)(2)(ii)(B) of this section for initial approval of the 
plan.
    (iii) You must identify in the plan a projected oxygen correction 
factor based on normal operations to use during periods of startup and 
shutdown.
    (iv) You must record the plan in the operating record.
    (v) Operating under the startup, shutdown, and malfunction plan--(A) 
Compliance with AWFCO requirements during malfunctions. (1) During 
malfunctions, the automatic waste feed cutoff requirements of Sec.  
63.1206(c)(3) continue to apply, except for paragraphs (c)(3)(v) and 
(c)(3)(vi) of this section. If you exceed a part 63, subpart EEE, of 
this chapter emission standard monitored by a CEMS or COMs or operating 
limit specified under Sec.  63.1209, the automatic waste feed cutoff 
system must immediately and automatically cutoff the hazardous waste 
feed, except as provided by paragraph (c)(3)(viii) of this section. If 
the malfunction itself prevents immediate and automatic cutoff of the 
hazardous waste feed, however, you must cease feeding hazardous waste as 
quickly as possible.
    (2) Although the automatic waste feed cutoff requirements continue 
to apply during a malfunction, an exceedance of an emission standard 
monitored by a CEMS or COMS or operating limit specified under Sec.  
63.1209 is not a violation of this subpart if you take the corrective 
measures prescribed in the startup, shutdown, and malfunction plan.
    (3) Excessive exceedances during malfunctions. For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block period, you must:
    (i) Within 45 days of the 10th exceedance, complete an investigation 
of the cause of each exceedance and evaluation of approaches to minimize 
the frequency, duration, and severity of each exceedance, and revise the 
startup, shutdown, and malfunction plan as warranted by the evaluation 
to minimize the frequency, duration, and severity of each exceedance; 
and
    (ii) Record the results of the investigation and evaluation in the 
operating record, and include a summary of the investigation and 
evaluation, and any changes to the startup, shutdown, and malfunction 
plan, in the excess emissions report required under Sec.  63.10(e)(3).
    (B) Compliance with AWFCO requirements when burning hazardous waste 
during startup and shutdown. (1) If you feed hazardous waste during 
startup or shutdown, you must include waste feed restrictions (e.g., 
type and quantity), and other appropriate operating conditions and 
limits in the startup, shutdown, and malfunction plan.
    (2) You must interlock the operating limits you establish under 
paragraph (c)(2)(v)(B)(1) of this section with the automatic waste feed 
cutoff system required under Sec.  63.1206(c)(3), except for paragraphs 
(c)(3)(v) and (c)(3)(vi) of this section.
    (3) When feeding hazardous waste during startup or shutdown, the 
automatic waste feed cutoff system must immediately and automatically 
cutoff the hazardous waste feed if you exceed the operating limits you 
establish under paragraph (c)(2)(v)(B)(1) of this section, except as 
provided by paragraph (c)(3)(viii) of this section.

[[Page 32]]

    (4) Although the automatic waste feed cutoff requirements of this 
paragraph apply during startup and shutdown, an exceedance of an 
emission standard or operating limit is not a violation of this subpart 
if you comply with the operating procedures prescribed in the startup, 
shutdown, and malfunction plan.
    (3) Automatic waste feed cutoff (AWFCO)--(i) General. Upon the 
compliance date, you must operate the hazardous waste combustor with a 
functioning system that immediately and automatically cuts off the 
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of 
this section:
    (A) When any of the following are exceeded: Operating parameter 
limits specified under Sec.  63.1209; an emission standard monitored by 
a CEMS; and the allowable combustion chamber pressure;
    (B) When the span value of any CMS detector, except a CEMS, is met 
or exceeded;
    (C) Upon malfunction of a CMS monitoring an operating parameter 
limit specified under Sec.  63.1209 or an emission level; or
    (D) When any component of the automatic waste feed cutoff system 
fails.
    (ii) Ducting of combustion gases. During an AWFCO, you must continue 
to duct combustion gasses to the air pollution control system while 
hazardous waste remains in the combustion chamber (i.e., if the 
hazardous waste residence time has not transpired since the hazardous 
waste feed cutoff system was activated).
    (iii) Restarting waste feed. You must continue to monitor during the 
cutoff the operating parameters for which limits are established under 
Sec.  63.1209 and the emissions required under that section to be 
monitored by a CEMS, and you must not restart the hazardous waste feed 
until the operating parameters and emission levels are within the 
specified limits.
    (iv) Failure of the AWFCO system. If the AWFCO system fails to 
automatically and immediately cutoff the flow of hazardous waste upon 
exceedance of a parameter required to be interlocked with the AWFCO 
system under paragraph (c)(3)(i) of this section, you have failed to 
comply with the AWFCO requirements of paragraph (c)(3) of this section. 
If an equipment or other failure prevents immediate and automatic cutoff 
of the hazardous waste feed, however, you must cease feeding hazardous 
waste as quickly as possible.
    (v) Corrective measures. If, after any AWFCO, there is an exceedance 
of an emission standard or operating requirement, irrespective of 
whether the exceedance occurred while hazardous waste remained in the 
combustion chamber (i.e., whether the hazardous waste residence time has 
transpired since the hazardous waste feed cutoff system was activated), 
you must investigate the cause of the AWFCO, take appropriate corrective 
measures to minimize future AWFCOs, and record the findings and 
corrective measures in the operating record.
    (vi) Excessive exceedance reporting. (A) For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block period, you must submit to 
the Administrator a written report within 5 calendar days of the 10th 
exceedance documenting the exceedances and results of the investigation 
and corrective measures taken.
    (B) On a case-by-case basis, the Administrator may require excessive 
exceedance reporting when fewer than 10 exceedances occur during a 60-
day block period.
    (vii) Testing. The AWFCO system and associated alarms must be tested 
at least weekly to verify operability, unless you document in the 
operating record that weekly inspections will unduly restrict or upset 
operations and that less frequent inspection will be adequate. At a 
minimum, you must conduct operability testing at least monthly. You must 
document and record in the operating record AWFCO operability test 
procedures and results.
    (viii) Ramping down waste feed. (A) You may ramp down the waste 
feedrate of pumpable hazardous waste over a period not to exceed one 
minute, except as provided by paragraph (c)(3)(viii)(B) of this section. 
If you elect to ramp

[[Page 33]]

down the waste feed, you must document ramp down procedures in the 
operating and maintenance plan. The procedures must specify that the 
ramp down begins immediately upon initiation of automatic waste feed 
cutoff and the procedures must prescribe a bona fide ramping down. If an 
emission standard or operating limit is exceeded during the ramp down, 
you have failed to comply with the emission standards or operating 
requirements of this subpart.
    (B) If the automatic waste feed cutoff is triggered by an exceedance 
of any of the following operating limits, you may not ramp down the 
waste feed cutoff: Minimum combustion chamber temperature, maximum 
hazardous waste feedrate, or any hazardous waste firing system operating 
limits that may be established for your combustor.
    (4) ESV openings--(i) Failure to meet standards. If an emergency 
safety vent (ESV) opens when hazardous waste remains in the combustion 
chamber (i.e., when the hazardous waste residence time has not expired) 
during an event other than a malfunction as defined in the startup, 
shutdown, and malfunction plan such that combustion gases are not 
treated as during the most recent comprehensive performance test (e.g., 
if the combustion gas by-passes any emission control device that was 
operating during the performance test), you must document in the 
operating record whether you remain in compliance with the emission 
standards of this subpart considering emissions during the ESV opening 
event.
    (ii) ESV operating plan. (A) You must develop an ESV operating plan, 
comply with the operating plan, and keep the plan in the operating 
record.
    (B) The ESV operating plan must provide detailed procedures for 
rapidly stopping the waste feed, shutting down the combustor, and 
maintaining temperature and negative pressure in the combustion chamber 
during the hazardous waste residence time, if feasible. The plan must 
include calculations and information and data documenting the 
effectiveness of the plan's procedures for ensuring that combustion 
chamber temperature and negative pressure are maintained as is 
reasonably feasible.
    (iii) Corrective measures. After any ESV opening that results in a 
failure to meet the emission standards as defined in paragraph (c)(4)(i) 
of this section, you must investigate the cause of the ESV opening, take 
appropriate corrective measures to minimize such future ESV openings, 
and record the findings and corrective measures in the operating record.
    (iv) Reporting requirements. You must submit to the Administrator a 
written report within 5 days of an ESV opening that results in failure 
to meet the emission standards of this subpart (as determined in 
paragraph (c)(4)(i) of this section) documenting the result of the 
investigation and corrective measures taken.
    (5) Combustion system leaks. (i) Combustion system leaks of 
hazardous air pollutants must be controlled by:
    (A) Keeping the combustion zone sealed to prevent combustion system 
leaks; or
    (B) Maintaining the maximum combustion zone pressure lower than 
ambient pressure using an instantaneous monitor; or
    (C) Upon prior written approval of the Administrator, an alternative 
means of control to provide control of combustion system leaks 
equivalent to maintenance of combustion zone pressure lower than ambient 
pressure; or
    (D) Upon prior written approval of the Administrator, other 
technique(s) which can be demonstrated to prevent fugitive emissions 
without use of instantaneous pressure limits; and
    (ii) You must specify in the performance test workplan and 
Notification of Compliance the method that will be used to control 
combustion system leaks. If you control combustion system leaks by 
maintaining the combustion zone pressure lower than ambient pressure 
using an instantaneous monitor, you must also specify in the performance 
test workplan and Notification of Compliance the monitoring and 
recording frequency of the pressure monitor, and specify how the 
monitoring approach will be integrated into the automatic waste feed 
cutoff system.
    (6) Operator training and certification. (i) You must establish 
training programs for all categories of personnel

[[Page 34]]

whose activities may reasonably be expected to directly affect emissions 
of hazardous air pollutants from the source. Such persons include, but 
are not limited to, chief facility operators, control room operators, 
continuous monitoring system operators, persons that sample and analyze 
feedstreams, persons that manage and charge feedstreams to the 
combustor, persons that operate emission control devices, and ash and 
waste handlers. Each training program shall be of a technical level 
commensurate with the person's job duties specified in the training 
manual. Each commensurate training program shall require an examination 
to be administered by the instructor at the end of the training course. 
Passing of this test shall be deemed the ``certification'' for 
personnel, except that, for control room operators, the training and 
certification program shall be as specified in paragraphs (c)(6)(iii) 
through (c)(6)(vi) of this section.
    (ii) You must ensure that the source is operated and maintained at 
all times by persons who are trained and certified to perform these and 
any other duties that may affect emissions of hazardous air pollutants. 
A certified control room operator must be on duty at the site at all 
times the source is in operation.
    (iii) Hazardous waste incinerator control room operators must:
    (A) Be trained and certified under a site-specific, source-developed 
and implemented program that meets the requirements of paragraph 
(c)(6)(v) of this section; or
    (B) Be trained under the requirements of, and certified under, one 
of the following American Society of Mechanical Engineers (ASME) 
standards: QHO-1-1994, QHO-1a-1996, or QHO-1-2004 (Standard for the 
Qualification and Certification of Hazardous Waste Incinerator 
Operators). If you elect to use the ASME program:
    (1) Control room operators must, prior to the compliance date, 
achieve provisional certification, and must submit an application to 
ASME and be scheduled for the full certification exam. Within one year 
of the compliance date, control room operators must achieve full 
certification;
    (2) New operators and operators of new sources must, before assuming 
their duties, achieve provisional certification, and must submit an 
application to ASME, and be scheduled for the full certification exam. 
Within one year of assuming their duties, these operators must achieve 
full certification; or
    (C) Be trained and certified under a State program.
    (iv) Control room operators of cement kilns, lightweight aggregate 
kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid 
production furnaces must be trained and certified under:
    (A) A site-specific, source-developed and implemented program that 
meets the requirements of paragraph (c)(6)(v) of this section; or
    (B) A State program.
    (v) Site-specific, source developed and implemented training 
programs for control room operators must include the following elements:
    (A) Training on the following subjects:
    (1) Environmental concerns, including types of emissions;
    (2) Basic combustion principles, including products of combustion;
    (3) Operation of the specific type of combustor used by the 
operator, including proper startup, waste firing, and shutdown 
procedures;
    (4) Combustion controls and continuous monitoring systems;
    (5) Operation of air pollution control equipment and factors 
affecting performance;
    (6) Inspection and maintenance of the combustor, continuous 
monitoring systems, and air pollution control devices;
    (7) Actions to correct malfunctions or conditions that may lead to 
malfunction;
    (8) Residue characteristics and handling procedures; and
    (9) Applicable Federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards; and
    (B) An examination designed and administered by the instructor; and
    (C) Written material covering the training course topics that may 
serve as reference material following completion of the course.

[[Page 35]]

    (vi) To maintain control room operator qualification under a site-
specific, source developed and implemented training program as provided 
by paragraph (c)(6)(v) of this section, control room operators must 
complete an annual review or refresher course covering, at a minimum, 
the following topics:
    (A) Update of regulations;
    (B) Combustor operation, including startup and shutdown procedures, 
waste firing, and residue handling;
    (C) Inspection and maintenance;
    (D) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (E) Operating problems encountered by the operator.
    (vii) You must record the operator training and certification 
program in the operating record.
    (7) Operation and maintenance plan--(i) You must prepare and at all 
times operate according to an operation and maintenance plan that 
describes in detail procedures for operation, inspection, maintenance, 
and corrective measures for all components of the combustor, including 
associated pollution control equipment, that could affect emissions of 
regulated hazardous air pollutants.
    (ii) The plan must prescribe how you will operate and maintain the 
combustor in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels achieved 
during the comprehensive performance test.
    (iii) This plan ensures compliance with the operation and 
maintenance requirements of Sec.  63.6(e) and minimizes emissions of 
pollutants, automatic waste feed cutoffs, and malfunctions.
    (iv) You must record the plan in the operating record.
    (8) Bag leak detection system requirements. (i) If your combustor is 
equipped with a baghouse (fabric filter), you must continuously operate 
either:
    (A) A bag leak detection system that meets the specifications and 
requirements of paragraph (c)(8)(ii) of this section and you must comply 
with the corrective measures and notification requirements of paragraphs 
(c)(8)(iii) and (iv) of this section; or
    (B) A particulate matter detection system under paragraph (c)(9) of 
this section.
    (ii) Bag leak detection system specification and requirements. (A) 
The bag leak detection system must be certified by the manufacturer to 
be capable of continuously detecting and recording particulate matter 
emissions at concentrations of 1.0 milligrams per actual cubic meter 
unless you demonstrate, under Sec.  63.1209(g)(1), that a higher 
detection limit would routinely detect particulate matter loadings 
during normal operations;
    (B) The bag leak detection system shall provide output of relative 
or absolute particulate matter loadings;
    (C) The bag leak detection system shall be equipped with an alarm 
system that will sound an audible alarm when an increase in relative 
particulate loadings is detected over a preset level;
    (D) The bag leak detection system shall be installed and operated in 
a manner consistent with available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the manufacturer's written specifications and recommendations 
for installation, operation, and adjustment of the system;
    (E) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time;
    (F) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except as detailed in the operation and maintenance plan required 
under paragraph (c)(7) of this section. You must not increase the 
sensitivity by more than 100 percent or decrease the sensitivity by more 
than 50 percent over a 365 day period unless such adjustment follows a 
complete baghouse inspection which demonstrates the baghouse is in good 
operating condition;
    (G) For negative pressure or induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag

[[Page 36]]

leak detector shall be installed downstream of the baghouse and upstream 
of any wet acid gas scrubber; and
    (H) Where multiple detectors are required, the system's 
instrumentation and alarm system may be shared among the detectors.
    (iii) Bag leak detection system corrective measures requirements. 
The operating and maintenance plan required by paragraph (c)(7) of this 
section must include a corrective measures plan that specifies the 
procedures you will follow in the case of a bag leak detection system 
alarm or malfunction. The corrective measures plan must include, at a 
minimum, the procedures used to determine and record the time and cause 
of the alarm or bag leak detection system malfunction in accordance with 
the requirements of paragraph (c)(8)(iii)(A) of this section as well as 
the corrective measures taken to correct the control device or bag leak 
detection system malfunction or to minimize emissions in accordance with 
the requirements of paragraph (c)(8)(iii)(B) of this section. Failure to 
initiate the corrective measures required by this paragraph is failure 
to ensure compliance with the emission standards in this subpart.
    (A) You must initiate the procedures used to determine the cause of 
the alarm or bag leak detection system malfunction within 30 minutes of 
the time the alarm first sounds; and
    (B) You must alleviate the cause of the alarm or bag leak detection 
system malfunction by taking the necessary corrective measure(s) which 
may include, but are not to be limited to, the following:
    (1) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media, or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system; or
    (6) Shutting down the combustor.
    (iv) Excessive exceedances notification. If you operate the 
combustor when the detector response exceeds the alarm set-point or the 
bag leak detection system is malfunctioning more than 5 percent of the 
time during any 6-month block time period, you must submit a 
notification to the Administrator within 30 days of the end of the 6-
month block time period that describes the causes of the exceedances and 
bag leak detection system malfunctions and the revisions to the design, 
operation, or maintenance of the combustor, baghouse, or bag leak 
detection system you are taking to minimize exceedances and bag leak 
detection system malfunctions. To document compliance with this 
requirement:
    (A) You must keep records of the date, time, and duration of each 
alarm and bag leak detection system malfunction, the time corrective 
action was initiated and completed, and a brief description of the cause 
of the alarm or bag leak detection system malfunction and the corrective 
action taken;
    (B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the bag leak detection system 
malfunctions;
    (C) If inspection of the fabric filter demonstrates that no 
corrective action is required, then no alarm time is counted; and
    (D) If corrective action is required, each alarm shall be counted as 
a minimum of 1 hour. Each bag leak detection system malfunction shall 
also be counted as a minimum of 1 hour.
    (9) Particulate matter detection system requirements. You must 
continuously operate a particulate matter detection system (PMDS) that 
meets the specifications and requirements of paragraphs (c)(9)(i) 
through (v) of this section and you must comply with the corrective 
measures and notification requirements of paragraphs (c)(9)(vii) and 
(viii) of this section if your combustor either: Is equipped with an 
electrostatic precipitator or ionizing wet scrubber and you do not 
establish site-specific control device operating parameter limits under 
Sec.  63.1209(m)(1)(iv) that are linked to the automatic waste feed 
cutoff system under paragraph

[[Page 37]]

(c)(3) of this section, or is equipped with a baghouse (fabric filter) 
and you do not operate a bag leak detection system as provided by 
paragraph (c)(8)(i)(B) of this section.
    (i) PMDS requirements. (A) The PMDS must be certified by the 
manufacturer to be capable of continuously detecting and recording 
particulate matter emissions at concentrations of 1.0 milligrams per 
actual cubic meter unless you demonstrate, under Sec.  63.1209(g)(1), 
that a higher detection limit would routinely detect particulate matter 
loadings during normal operations;
    (B) The particulate matter detector shall provide output of relative 
or absolute particulate matter loadings;
    (C) The PMDS shall be equipped with an alarm system that will sound 
an audible alarm when an increase in relative or absolute particulate 
loadings is detected over the set-point;
    (D) You must install, operate, and maintain the PMDS in a manner 
consistent with the provisions of paragraph (c)(9) of this section and 
available written guidance from the U.S. Environmental Protection Agency 
or, in the absence of such written guidance, the manufacturer's written 
specifications and recommendations for installation, operation, 
maintenance and quality assurance of the system.
    (1) Set-points established without extrapolation. If you establish 
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A) 
of this section, you must request approval from the regulatory 
authority, in the continuous monitoring system test plan, of the quality 
assurance procedures that will reasonably ensure that PMDS response 
values below the alarm set-point correspond to PM emission 
concentrations below those demonstrated during the comprehensive 
performance test. Your recommended quality assurance procedures may 
include periodic testing under as-found conditions (i.e., normal 
operations) to obtain additional PM concentration and PMDS response run 
pairs, as warranted.
    (2) Set-points established with extrapolation. If you establish the 
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this 
section, you must request approval from the regulatory authority, in the 
continuous monitoring system test plan, of the quality assurance 
procedures that will reasonably ensure that PMDS response values below 
the alarm set-point correspond to PM emission concentrations below the 
value that correlates to the alarm set-point.
    (E) You must include procedures for installation, operation, 
maintenance, and quality assurance of the PMDS in the site-specific 
continuous monitoring system test plan required under Sec. Sec.  
63.1207(e) and 63.8(e)(3);
    (F) Where multiple detectors are required to monitor multiple 
control devices, the system's instrumentation and alarm system may be 
shared among the detectors.
    (G) You must establish the alarm set-point as a 6-hour rolling 
average as provided by paragraphs (c)(9)(ii), (c)(9)(iii), and 
(c)(9)(iv) of this section;
    (H) Your PMDS must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period. You must update the 6-hour rolling average of the detector 
response each hour with a one-hour block average that is the average of 
the detector responses over each 15-minute block; and
    (I) If you exceed the alarm set-point (or if your PMDS 
malfunctions), you must comply with the corrective measures under 
paragraph (c)(9)(vii) of this section.
    (ii) Establishing the alarm set-point for operations under the 
Documentation of Compliance. You must establish the alarm set-point for 
operations under the Documentation of Compliance (i.e., after the 
compliance date but prior to submitting a Notification of Compliance 
subsequent to conducting the initial comprehensive performance test) of 
an existing source as follows:
    (A) You must obtain a minimum of three pairs of Method 5 or 5I data, 
provided in appendix A-3 to part 60 of this chapter, and PMDS data to 
establish an approximate correlation curve. Data obtained up to 60 
months prior to the compliance date may be used provided that the design 
and operation of the combustor or PMDS has not changed in a manner that 
may adversely affect the correlation of PM concentrations and PMDS 
response.

[[Page 38]]

    (B) You must request approval from the regulatory authority, in the 
continuous monitoring system test plan, of your determination whether 
multiple correlation curves are needed considering the design and 
operation of your combustor and PMDS.
    (C) You must approximate the correlation of the reference method 
data to the PMDS data.
    (1) You may assume a linear correlation of the PMDS response to 
particulate matter emission concentrations;
    (2) You may include a zero point correlation value. To establish a 
zero point, you must follow one or more of the following steps:
    (i) Zero point data for in-situ instruments should be obtained, to 
the extent possible, by removing the instrument from the stack and 
monitoring ambient air on a test bench;
    (ii) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air;
    (iii) Zero point data also can be obtained by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas); and
    (iv) If none of the steps in paragraphs (c)(9)(ii)(B)(2)(i) through 
(iii) of this section are possible, you must estimate the monitor 
response when no PM is in the flue gas (e.g., 4 mA = 0 mg/acm).
    (3) For reference method data that were obtained from runs during a 
test condition where controllable operating factors were held constant, 
you must average the test run averages of PM concentrations and PMDS 
responses to obtain a single pair of data for PM concentration and PMDS 
response. You may use this pair of data and the zero point to define a 
linear correlation model for the PMDS.
    (D) You must establish the alarm set-point as the PMDS response that 
corresponds to a PM concentration that is 50% of the PM emission 
standard or 125% of the highest PM concentration used to develop the 
correlation, whichever is greater. For reference method data that were 
obtained from runs during a test condition where controllable operating 
factors were held constant, you must use the average of the test run 
averages of PM concentrations for extrapolating the alarm set-point. The 
PM emission concentration used to extrapolate the alarm set-point must 
not exceed the PM emission standard, however.
    (iii) Establishing the initial alarm set-point for operations under 
the Notification of Compliance. You must establish the initial alarm 
set-point for operations under the Notification of Compliance as 
provided by either paragraph (c)(9)(iii)(A) or paragraph (c)(9)(iii)(B) 
of this section. You must periodically revise the alarm set-point as 
provided by paragraph (c)(9)(iv) of this section.
    (A) Establishing the initial set-point without extrapolation. (1) If 
you establish the initial alarm set-point without extrapolation, the 
alarm set-point is the average of the test run averages of the PMDS 
response during the runs of the comprehensive performance test that 
document compliance with the PM emission standard.
    (2) During the comprehensive performance test, you may simulate PM 
emission concentrations at the upper end of the range of normal 
operations by means including feeding high levels of ash and detuning 
the emission control equipment.
    (B) Establishing the initial set-point by extrapolation. You may 
extrapolate the particulate matter detector response to establish the 
alarm set-point under the following procedures:
    (1) You must request approval from the regulatory authority, in the 
continuous monitoring system test plan, of the procedures you will use 
to establish an approximate correlation curve using the three pairs of 
Method 5 or 5I data (see methods in appendix A-3 of part 60 of this 
chapter) and PMDS data from the comprehensive performance test, the data 
pairs used to establish the correlation curve for the Documentation of 
Compliance under paragraph (c)(9)(ii) of this section, and additional 
data pairs, as warranted.
    (2) You must request approval from the regulatory authority, in the 
continuous monitoring system test plan,

[[Page 39]]

of your determination of whether multiple correlation curves are needed 
considering the design and operation of your combustor and PMDS. If so, 
you must recommend the number of data pairs needed to establish those 
correlation curves and how the data will be obtained.
    (3) During the comprehensive performance test, you may simulate PM 
emission concentrations at the upper end of the range of normal 
operations by means including feeding high levels of ash and detuning 
the emission control equipment.
    (4) Data obtained up to 60 months prior to the comprehensive 
performance test may be used provided that the design and operation of 
the combustor or PMDS has not changed in a manner that may adversely 
affect the correlation of PM concentrations and PMDS response.
    (5) You may include a zero point correlation value. To establish a 
zero point, you must follow the procedures under paragraph 
(c)(9)(ii)(C)(2) of this section.
    (6) You must use a least-squares regression model to correlate PM 
concentrations to PMDS responses for data pairs. You may assume a linear 
regression model approximates the relationship between PM concentrations 
and PMDS responses.
    (7) You must establish the alarm set-point as the PMDS response that 
corresponds to a PM concentration that is 50% of the PM emission 
standard or 125% of the highest PM concentration used to develop the 
correlation, whichever is greater. The emission concentration used to 
extrapolate the PMDS response must not exceed the PM emission standard.
    (iv) Revising the Notification of Compliance alarm set-point--(A) 
Revising set-points established without extrapolation. If you establish 
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A) 
of this section, you must establish a new alarm set-point in the 
Notification of Compliance following each comprehensive performance test 
as the average of the test run averages of the PMDS response during the 
runs of the comprehensive performance test that document compliance with 
the PM emission standard.
    (B) Revising set-points established with extrapolation. If you 
establish the alarm set-point by extrapolation under paragraph 
(c)(9)(iii)(B) of this section, you must request approval from the 
regulatory authority, in the continuous monitoring system test plan, of 
the procedures for periodically revising the alarm set-point, 
considering the additional data pairs obtained during periodic 
comprehensive performance tests and data pairs obtained from other 
tests, such as for quality assurance.
    (v) Quality assurance--(A) Set-points established without 
extrapolation. If you establish the alarm set-point without 
extrapolation under paragraph (c)(9)(iii)(A) of this section, you must 
request approval from the regulatory authority, in the continuous 
monitoring system test plan, of the quality assurance procedures that 
reasonably ensure that PMDS response values below the alarm set-point 
correspond to PM emission concentrations below the average of the PM 
concentrations demonstrated during the comprehensive performance test. 
Your recommended quality assurance procedures may include periodic 
testing under as-found conditions (i.e., normal operations) to obtain 
additional PM concentration and PMDS response run pairs, as warranted.
    (B) Set-points established with extrapolation. If you establish the 
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this 
section, you must request approval from the regulatory authority, in the 
continuous monitoring system test plan, of the quality assurance 
procedures that reasonably ensure that PMDS response values below the 
alarm set-point correspond to PM emission concentrations below the value 
that correlated to the alarm set-point.
    (vi) PMDS are used for compliance assurance only. For a PMDS for 
which the alarm set-point is established by extrapolation using a 
correlation curve under paragraphs (c)(9)(ii), (c)(9)(iii)(B), and 
(c)(9)(iv)(B) of this section, an exceedance of the PMDS response that 
appears to correlate with a PM concentration that exceeds the PM 
emission standard is not by itself evidence that the standard has been 
exceeded.

[[Page 40]]

    (vii) PMDS corrective measures requirements. The operating and 
maintenance plan required by paragraph (c)(7) of this section must 
include a corrective measures plan that specifies the procedures you 
will follow in the case of a PMDS alarm or malfunction. The corrective 
measures plan must include, at a minimum, the procedures used to 
determine and record the time and cause of the alarm or PMDS malfunction 
as well as the corrective measures taken to correct the control device 
or PMDS malfunction or minimize emissions as specified below. Failure to 
initiate the corrective measures required by this paragraph is failure 
to ensure compliance with the emission standards in this subpart.
    (A) You must initiate the procedures used to determine the cause of 
the alarm or PMDS malfunction within 30 minutes of the time the alarm 
first sounds or the PMDS malfunctions; and
    (B) You must alleviate the cause of the alarm or the PMDS 
malfunction by taking the necessary corrective measure(s) which may 
include shutting down the combustor.
    (viii) Excessive exceedances notification. If you operate the 
combustor when the detector response exceeds the alarm set-point or when 
the PMDS is malfunctioning more than 5 percent of the time during any 6-
month block time period, you must submit a notification to the 
Administrator within 30 days of the end of the 6-month block time period 
that describes the causes of the exceedances and the revisions to the 
design, operation, or maintenance of the combustor, emission control 
device, or PMDS you are taking to minimize exceedances. To document 
compliance with this requirement:
    (A) You must keep records of the date, time, and duration of each 
alarm and PMDS malfunction, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm or PMDS 
malfunction and the corrective action taken;
    (B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the PMDS malfunctions;
    (C) If inspection of the emission control device demonstrates that 
no corrective action is required, then no alarm time is counted; and
    (D) If corrective action to the emission control device is required, 
each alarm shall be counted as a minimum of 1 hour. Each PMDS 
malfunction shall also be counted as a minimum of 1 hour.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42298, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35103, July 
3, 2001; 66 FR 63317, Dec. 7, 2001; 67 FR 6813, Feb. 13, 2002; 67 FR 
6989, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12, 
2005; 70 FR 75047, Dec. 19, 2005; 71 FR 20459, Apr. 20, 2006; 71 FR 
62393, Oct. 25, 2006; 73 FR 18979, Apr. 8, 2008; 73 FR 64094, Oct. 28, 
2008]



Sec.  63.1207  What are the performance testing requirements?

    (a) General. The provisions of Sec.  63.7 apply, except as noted 
below.
    (b) Types of performance tests--(1) Comprehensive performance test. 
You must conduct comprehensive performance tests to demonstrate 
compliance with the emission standards provided by this subpart, 
establish limits for the operating parameters provided by Sec.  63.1209, 
and demonstrate compliance with the performance specifications for 
continuous monitoring systems.
    (2) Confirmatory performance test. You must conduct confirmatory 
performance tests to:
    (i) Demonstrate compliance with the dioxin/furan emission standard 
when the source operates under normal operating conditions; and
    (ii) Conduct a performance evaluation of continuous monitoring 
systems required for compliance assurance with the dioxin/furan emission 
standard under Sec.  63.1209(k).
    (3) One-Time Dioxin/Furan Test for Sources Not Subject to a 
Numerical Dioxin/Furan Standard. For solid fuel boilers and hydrochloric 
acid production furnaces, for lightweight aggregate kilns that are not 
subject to a numerical dioxin/furan emission standard under Sec.  
63.1221, and liquid fuel boilers that are not subject to a numerical 
dioxin/furan emission standard under Sec.  63.1217, you must conduct a 
one-time emission test for dioxin/furan under feed and operating 
conditions that are most likely to reflect daily maximum operating 
variability, similar to a

[[Page 41]]

dioxin/furan comprehensive performance test.
    (i) You must conduct the dioxin/furan emissions test no later than 
the deadline for conducting the initial comprehensive performance test.
    (ii) You may use dioxin/furan emissions data from previous testing 
to meet this requirement, provided that:
    (A) The testing was conducted under feed and operating conditions 
that are most likely to reflect daily maximum operating variability, 
similar to a dioxin/furan compliance test;
    (B) You have not changed the design or operation of the source in a 
manner that could significantly affect stack gas dioxin/furan emission 
concentrations; and
    (C) The data meet quality assurance objectives that may be 
determined on a site-specific basis.
    (iii) You may use dioxin/furan emissions data from a source to 
represent emissions from another on-site source in lieu of testing 
(i.e., data in lieu of testing) if the design and operation, including 
hazardous waste feed and other feedstreams, of the sources are 
identical.
    (iv) You must include the results of the one-time dioxin/furan 
emissions test with the results of the initial comprehensive performance 
test in the Notification of Compliance.
    (v) You must repeat the dioxin/furan emissions test if you change 
the design or operation of the source in a manner that may increase 
dioxin/furan emissions.
    (vi) Sources that are required to perform the one-time dioxin/furan 
test pursuant to paragraph (b)(3) of this section are not required to 
perform confirmatory performance tests.
    (c) Initial comprehensive performance test--(1) Test date. Except as 
provided by paragraphs (c)(2) and (c)(3) of this section, you must 
commence the initial comprehensive performance test not later than six 
months after the compliance date.
    (2) Data in lieu of the initial comprehensive performance test. (i) 
You may request that previous emissions test data serve as documentation 
of conformance with the emission standards of this subpart provided that 
the previous testing:
    (A) Was initiated after 54 months prior to the compliance date, 
except as provided by paragraphs (c)(2)(iii) or (c)(2)(iv) of this 
section;
    (B) Results in data that meet quality assurance objectives 
(determined on a site-specific basis) such that the results demonstrate 
compliance with the applicable standards;
    (C) Was in conformance with the requirements of paragraph (g)(1) of 
this section; and
    (D) Was sufficient to establish the applicable operating parameter 
limits under Sec.  63.1209.
    (ii) You must submit data in lieu of the initial comprehensive 
performance test in lieu of (i.e., if the data are in lieu of all 
performance testing) or with the notification of performance test 
required under paragraph (e) of this section.
    (iii) The data in lieu test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply for the duration of the 
interim standards (i.e., the standards published in the Federal Register 
on February 13, 2002, 67 FR 6792). See 40 CFR parts 63, 264, 265, 266, 
270, and 271 revised as of July 1, 2002. Paragraph (c)(2)(i)(A) of this 
section does not apply until EPA promulgates permanent replacement 
standards pursuant to the Settlement Agreement noticed in the Federal 
Register on November 16, 2001 (66 FR 57715).
    (iv) The data in lieu test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply to DRE data provided you do 
not feed hazardous waste at a location in the combustion system other 
than the normal flame zone.
    (3) For incinerators, cement kilns, and lightweight aggregate kilns, 
you must commence the initial comprehensive performance test to 
demonstrate compliance with the standards under Sec. Sec.  63.1219, 
63.1220, and 63.1221 not later than 12 months after the compliance date.
    (d) Frequency of testing. Except as otherwise specified in paragraph 
(d)(4) of this section, you must conduct testing periodically as 
prescribed in paragraphs (d)(1) through (d)(3) of this section. The date 
of commencement of the initial comprehensive performance test

[[Page 42]]

is the basis for establishing the deadline to commence the initial 
confirmatory performance test and the next comprehensive performance 
test. You may conduct performance testing at any time prior to the 
required date. The deadline for commencing subsequent confirmatory and 
comprehensive performance testing is based on the date of commencement 
of the previous comprehensive performance test. Unless the Administrator 
grants a time extension under paragraph (i) of this section, you must 
conduct testing as follows:
    (1) Comprehensive performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence testing no later 
than 61 months after the date of commencing the previous comprehensive 
performance test used to show compliance with Sec.  63.1216, Sec.  
63.1217, Sec.  63.1218, Sec.  63.1219, Sec.  63.1220, or Sec.  63.1221. 
If you submit data in lieu of the initial performance test, you must 
commence the subsequent comprehensive performance test within 61 months 
of commencing the test used to provide the data in lieu of the initial 
performance test.
    (2) Confirmatory performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence confirmatory 
performance testing no later than 31 months after the date of commencing 
the previous comprehensive performance test used to show compliance with 
Sec.  63.1217, Sec.  63.1219, Sec.  63.1220, or Sec.  63.1221. If you 
submit data in lieu of the initial performance test, you must commence 
the initial confirmatory performance test within 31 months of the date 
six months after the compliance date. To ensure that the confirmatory 
test is conducted approximately midway between comprehensive performance 
tests, the Administrator will not approve a test plan that schedules 
testing within 18 months of commencing the previous comprehensive 
performance test.
    (3) Duration of testing. You must complete performance testing 
within 60 days after the date of commencement, unless the Administrator 
determines that a time extension is warranted based on your 
documentation in writing of factors beyond your control that prevent you 
from meeting the 60-day deadline.
    (4) Applicable testing requirements under the interim standards--(i) 
Waiver of periodic comprehensive performance tests. Except as provided 
by paragraph (c)(2) of this section, you must conduct only an initial 
comprehensive performance test under the interim standards (Sec. Sec.  
63.1203 through 63.1205); all subsequent comprehensive performance 
testing requirements are waived under the interim standards. The 
provisions in the introductory text to paragraph (d) and in paragraph 
(d)(1) of this section apply only to tests used to demonstrate 
compliance with the standards under Sec. Sec.  63.1219 through 63.1221.
    (ii) Waiver of confirmatory performance tests. You are not required 
to conduct a confirmatory test under the interim standards (Sec. Sec.  
63.1203 through 63.1205). The confirmatory testing requirements in the 
introductory text to paragraph (d) and in paragraph (d)(2) of this 
section apply only after you have demonstrated compliance with the 
standards under Sec. Sec.  63.1219 through 63.1221.
    (e) Notification of performance test and CMS performance evaluation, 
and approval of test plan and CMS performance evaluation plan. (1) The 
provisions of Sec.  63.7(b) and (c) and Sec.  63.8(e) apply, except:
    (i) Comprehensive performance test. You must submit to the 
Administrator a notification of your intention to conduct a 
comprehensive performance test and CMS performance evaluation and a 
site-specific test plan and CMS performance evaluation test plan at 
least one year before the performance test and performance evaluation 
are scheduled to begin.
    (A) The Administrator will notify you of approval or intent to deny 
approval of the site-specific test plan and CMS performance evaluation 
test plan within 9 months after receipt of the original plan.
    (B) You must submit to the Administrator a notification of your 
intention to conduct the comprehensive performance test at least 60 
calendar days before the test is scheduled to begin.
    (ii) Confirmatory performance test. You must submit to the 
Administrator a notification of your intention to conduct a confirmatory 
performance test

[[Page 43]]

and CMS performance evaluation and a site-specific test plan and CMS 
performance evaluation test plan at least 60 calendar days before the 
performance test is scheduled to begin. The Administrator will notify 
you of approval or intent to deny approval of the site-specific test 
plan and CMS performance evaluation test plan within 30 calendar days 
after receipt of the original test plans.
    (2) You must make your site-specific test plan and CMS performance 
evaluation test plan available to the public for review no later than 60 
calendar days before initiation of the test. You must issue a public 
notice to all persons on your facility/public mailing list (developed 
pursuant to 40 CFR 70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) 
announcing the availability of the test plans and the location where the 
test plans are available for review. The test plans must be accessible 
to the public for 60 calendar days, beginning on the date that you issue 
your public notice. The location must be unrestricted and provide access 
to the public during reasonable hours and provide a means for the public 
to obtain copies. The notification must include the following 
information at a minimum:
    (i) The name and telephone number of the source's contact person;
    (ii) The name and telephone number of the regulatory agency's 
contact person;
    (iii) The location where the test plans and any necessary supporting 
documentation can be reviewed and copied;
    (iv) The time period for which the test plans will be available for 
public review; and
    (v) An expected time period for commencement and completion of the 
performance test and CMS performance evaluation test.
    (3) Petitions for time extension if Administrator fails to approve 
or deny test plans. You may petition the Administrator under Sec.  
63.7(h) to obtain a ``waiver'' of any performance test--initial or 
periodic performance test; comprehensive or confirmatory test. The 
``waiver'' would be implemented as an extension of time to conduct the 
performance test at a later date.
    (i) Qualifications for the waiver. (A) You may not petition the 
Administrator for a waiver under this section if the Administrator has 
issued a notification of intent to deny your test plan(s) under Sec.  
63.7(c)(3)(i)(B);
    (B) You must submit a site-specific emissions testing plan and a 
continuous monitoring system performance evaluation test plan at least 
one year before a comprehensive performance test is scheduled to begin 
as required by paragraph (c)(1) of this section, or at least 60 days 
before a confirmatory performance test is scheduled to begin as required 
by paragraph (d) of this section. The test plans must include all 
required documentation, including the substantive content requirements 
of paragraph (f) of this section and Sec.  63.8(e); and
    (C) You must make a good faith effort to accommodate the 
Administrator's comments on the test plans.
    (ii) Procedures for obtaining a waiver and duration of the waiver. 
(A) You must submit to the Administrator a waiver petition or request to 
renew the petition under Sec.  63.7(h) separately for each source at 
least 60 days prior to the scheduled date of the performance test;
    (B) The Administrator will approve or deny the petition within 30 
days of receipt and notify you promptly of the decision;
    (C) The Administrator will not approve an individual waiver petition 
for a duration exceeding 6 months;
    (D) The Administrator will include a sunset provision in the waiver 
ending the waiver within 6 months;
    (E) You may submit a revised petition to renew the waiver under 
Sec.  63.7(h)(3)(iii) at least 60 days prior to the end date of the most 
recently approved waiver petition;
    (F) The Administrator may approve a revised petition for a total 
waiver period up to 12 months.
    (iii) Content of the waiver. (A) You must provide documentation to 
enable the Administrator to determine that the source is meeting the 
relevant standard(s) on a continuous basis as required by Sec.  
63.7(h)(2). For extension requests for the initial comprehensive 
performance test, you must submit your Documentation of Compliance to

[[Page 44]]

assist the Administrator in making this determination.
    (B) You must include in the petition information justifying your 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the affected source performing the required 
test, as required by Sec.  63.7(h)(3)(iii).
    (iv) Public notice. At the same time that you submit your petition 
to the Administrator, you must notify the public (e.g., distribute a 
notice to the facility/public mailing list developed pursuant to 40 CFR 
70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) of your petition to 
waive a performance test. The notification must include all of the 
following information at a minimum:
    (A) The name and telephone number of the source's contact person;
    (B) The name and telephone number of the regulatory agency's contact 
person;
    (C) The date the source submitted its site-specific performance test 
plan and CMS performance evaluation test plans; and
    (D) The length of time requested for the waiver.
    (f) Content of performance test plan. The provisions of Sec. Sec.  
63.7(c)(2)(i)-(iii) and (v) regarding the content of the test plan 
apply. In addition, you must include the following information in the 
test plan:
    (1) Content of comprehensive performance test plan. (i) An analysis 
of each feedstream, including hazardous waste, other fuels, and 
industrial furnace feedstocks, as fired, that includes:
    (A) Heating value, levels of ash (for hazardous waste incinerators 
only), levels of semivolatile metals, low volatile metals, mercury, and 
total chlorine (organic and inorganic); and
    (B) Viscosity or description of the physical form of the feedstream;
    (ii) For organic hazardous air pollutants established by 42 U.S.C. 
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by 
Sec.  63.60:
    (A) Except as provided by paragraph (f)(1)(ii)(D) of this section, 
an identification of such organic hazardous air pollutants that are 
present in each hazardous waste feedstream. You need not analyze for 
organic hazardous air pollutants that would reasonably not be expected 
to be found in the feedstream. You must identify any constituents you 
exclude from analysis and explain the basis for excluding them. You must 
conduct the feedstream analysis according to Sec.  63.1208(b)(8);
    (B) An approximate quantification of such identified organic 
hazardous air pollutants in the hazardous waste feedstreams, within the 
precision produced by analytical procedures of Sec.  63.1208(b)(8); and
    (C) A description of blending procedures, if applicable, prior to 
firing the hazardous waste feedstream, including a detailed analysis of 
the materials prior to blending, and blending ratios.
    (D) The Administrator may approve on a case-by-case basis a 
hazardous waste feedstream analysis for organic hazardous air pollutants 
in lieu of the analysis required under paragraph (f)(1)(ii)(A) of this 
section if the reduced analysis is sufficient to ensure that the POHCs 
used to demonstrate compliance with the applicable DRE standards of this 
subpart continue to be representative of the most difficult to destroy 
organic compounds in your hazardous waste feedstreams;
    (iii) A detailed engineering description of the hazardous waste 
combustor, including:
    (A) Manufacturer's name and model number of the hazardous waste 
combustor;
    (B) Type of hazardous waste combustor;
    (C) Maximum design capacity in appropriate units;
    (D) Description of the feed system for each feedstream;
    (E) Capacity of each feed system;
    (F) Description of automatic hazardous waste feed cutoff system(s);
    (G) Description of the design, operation, and maintenance practices 
for any air pollution control system; and
    (H) Description of the design, operation, and maintenance practices 
of any stack gas monitoring and pollution control monitoring systems;
    (iv) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in the system, the equipment 
to

[[Page 45]]

be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis;
    (v) A detailed test schedule for each hazardous waste for which the 
performance test is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other relevant factors;
    (vi) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feedrate for each feed system, 
and, as appropriate, the feedrates of other fuels and feedstocks, and 
any other relevant parameters that may affect the ability of the 
hazardous waste combustor to meet the emission standards;
    (vii) A description of, and planned operating conditions for, any 
emission control equipment that will be used;
    (viii) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction;
    (ix) A determination of the hazardous waste residence time as 
required by Sec.  63.1206(b)(11);
    (x) If you are requesting to extrapolate metal feedrate limits from 
comprehensive performance test levels under Sec. Sec.  63.1209(l)(1)(v) 
or 63.1209(n)(2)(vii):
    (A) A description of the extrapolation methodology and rationale for 
how the approach ensures compliance with the emission standards;
    (B) Documentation of the historical range of normal (i.e., other 
than during compliance testing) metals feedrates for each feedstream;
    (C) Documentation that the level of spiking recommended during the 
performance test will mask sampling and analysis imprecision and 
inaccuracy to the extent that the extrapolated feedrate limits 
adequately assure compliance with the emission standards;
    (xi) If you do not continuously monitor regulated constituents in 
natural gas, process air feedstreams, and feedstreams from vapor 
recovery systems under Sec.  63.1209(c)(5), you must include 
documentation of the expected levels of regulated constituents in those 
feedstreams;
    (xii) Documentation justifying the duration of system conditioning 
required to ensure the combustor has achieved steady-state operations 
under performance test operating conditions, as provided by paragraph 
(g)(1)(iii) of this section;
    (xiii) For cement kilns with in-line raw mills, if you elect to use 
the emissions averaging provision of this subpart, you must notify the 
Administrator of your intent in the initial (and subsequent) 
comprehensive performance test plan, and provide the information 
required by the emission averaging provision;
    (xiv) For preheater or preheater/precalciner cement kilns with dual 
stacks, if you elect to use the emissions averaging provision of this 
subpart, you must notify the Administrator of your intent in the initial 
(and subsequent) comprehensive performance test plan, and provide the 
information required by the emission averaging provision;
    (xv) If you request to use Method 23 for dioxin/furan you must 
provide the information required under Sec.  63.1208(b)(1)(i)(B);
    (xvi) If you are not required to conduct performance testing to 
document compliance with the mercury, semivolatile metals, low volatile 
metals, or hydrogen chloride/chlorine gas emission standards under 
paragraph (m) of this section, you must include with the comprehensive 
performance test plan documentation of compliance with the provisions of 
that section.
    (xvii) If you propose to use a surrogate for measuring or monitoring 
gas flowrate, you must document in the comprehensive performance test 
plan that the surrogate adequately correlates with gas flowrate, as 
required by paragraph (m)(7) of this section, and Sec.  63.1209(j)(2), 
(k)(3), (m)(2)(i), (n)(5)(i), and (o)(2)(i).
    (xviii) You must submit an application to request alternative 
monitoring under Sec.  63.1209(g)(1) not later than with the 
comprehensive performance test plan, as required by Sec.  
63.1209(g)(1)(iii)(A).
    (xix) You must document the temperature location measurement in the 
comprehensive performance test plan, as required by Sec. Sec.  
63.1209(j)(1)(i) and 63.1209(k)(2)(i).
    (xx) If your source is equipped with activated carbon injection, you 
must

[[Page 46]]

document in the comprehensive performance test plan:
    (A) The manufacturer specifications for minimum carrier fluid 
flowrate or pressure drop, as required by Sec.  63.1209(k)(6)(ii); and
    (B) Key parameters that affect carbon adsorption, and the operating 
limits you establish for those parameters based on the carbon used 
during the performance test, if you elect not to specify and use the 
brand and type of carbon used during the comprehensive performance test, 
as required by Sec.  63.1209(k)(6)(iii).
    (xxi) If your source is equipped with a carbon bed system, and you 
elect not to specify and use the brand and type of carbon used during 
the comprehensive performance test, you must include in the 
comprehensive performance test plan key parameters that affect carbon 
adsorption, and the operating limits you establish for those parameters 
based on the carbon used during the performance test, as required by 
Sec.  63.1209(k)(7)(ii).
    (xxii) If you feed a dioxin/furan inhibitor into the combustion 
system, you must document in the comprehensive performance test plan key 
parameters that affect the effectiveness of the inhibitor, and the 
operating limits you establish for those parameters based on the 
inhibitor fed during the performance test, if you elect not to specify 
and use the brand and type of inhibitor used during the comprehensive 
performance test, as required by Sec.  63.1209(k)(9)(ii).
    (xxiii) If your source is equipped with a wet scrubber and you elect 
to monitor solids content of the scrubber liquid manually but believe 
that hourly monitoring of solids content is not warranted, you must 
support an alternative monitoring frequency in the comprehensive 
performance test plan, as required by Sec.  63.1209(m)(1)(i)(B)(1)(i).
    (xxiv) If your source is equipped with a particulate matter control 
device other than a wet scrubber, baghouse, or electrostatic 
precipitator, you must include in the comprehensive performance test 
plan:
    (A) Documentation to support the operating parameter limits you 
establish for the control device, as required by Sec.  
63.1209(m)(1)(iv)(A)(4); and
    (B) Support for the use of manufacturer specifications if you 
recommend such specifications in lieu of basing operating limits on 
performance test operating levels, as required by Sec.  
63.1209(m)(1)(iv)(D).
    (xxv) If your source is equipped with a dry scrubber to control 
hydrogen chloride and chlorine gas, you must document in the 
comprehensive performance test plan key parameters that affect 
adsorption, and the limits you establish for those parameters based on 
the sorbent used during the performance test, if you elect not to 
specify and use the brand and type of sorbent used during the 
comprehensive performance test, as required by Sec.  
63.1209(o)(4)(iii)(A); and
    (xxvi) For purposes of calculating semivolatile metal, low volatile 
metal, mercury, and total chlorine (organic and inorganic), and ash 
feedrate limits, a description of how you will handle performance test 
feedstream analytical results that determines these constituents are not 
present at detectable levels.
    (xxvii) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the performance test plan.
    (2) Content of confirmatory test plan. (i) A description of your 
normal hydrocarbon or carbon monoxide operating levels, as specified in 
paragraph (g)(2)(i) of this section, and an explanation of how these 
normal levels were determined;
    (ii) A description of your normal applicable operating parameter 
levels, as specified in paragraph (g)(2)(ii) of this section, and an 
explanation of how these normal levels were determined;
    (iii) A description of your normal chlorine operating levels, as 
specified in paragraph (g)(2)(iii) of this section, and an explanation 
of how these normal levels were determined;
    (iv) If you use carbon injection or a carbon bed, a description of 
your normal cleaning cycle of the particulate matter control device, as 
specified in paragraph (g)(2)(iv) of this section, and an explanation of 
how these normal levels were determined;
    (v) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in

[[Page 47]]

the system, the equipment to be used, sampling and monitoring frequency, 
and planned analytical procedures for sample analysis;
    (vi) A detailed test schedule for each hazardous waste for which the 
performance test is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other relevant factors;
    (vii) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feedrate for each feed system, 
and, as appropriate, the feedrates of other fuels and feedstocks, and 
any other relevant parameters that may affect the ability of the 
hazardous waste combustor to meet the dioxin/furan emission standard;
    (viii) A description of, and planned operating conditions for, any 
emission control equipment that will be used;
    (ix) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction; and
    (x) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the confirmatory test plan.
    (g) Operating conditions during testing. You must comply with the 
provisions of Sec.  63.7(e). Conducting performance testing under 
operating conditions representative of the extreme range of normal 
conditions is consistent with the requirement of Sec.  63.7(e)(1) to 
conduct performance testing under representative operating conditions.
    (1) Comprehensive performance testing--(i) Operations during 
testing. For the following parameters, you must operate the combustor 
during the performance test under normal conditions (or conditions that 
will result in higher than normal emissions):
    (A) Chlorine feedrate. You must feed normal (or higher) levels of 
chlorine during the dioxin/furan performance test;
    (B) Ash feedrate. For hazardous waste incinerators, you must conduct 
the following tests when feeding normal (or higher) levels of ash: The 
semivolatile metal and low volatile metal performance tests; and the 
dioxin/furan and mercury performance tests if activated carbon injection 
or a carbon bed is used; and
    (C) Cleaning cycle of the particulate matter control device. You 
must conduct the following tests when the particulate matter control 
device undergoes its normal (or more frequent) cleaning cycle: The 
particulate matter, semivolatile metal, and low volatile metal 
performance tests; and the dioxin/furan and mercury performance tests if 
activated carbon injection or a carbon bed is used.
    (ii) Modes of operation. Given that you must establish limits for 
the applicable operating parameters specified in Sec.  63.1209 based on 
operations during the comprehensive performance test, you may conduct 
testing under two or more operating modes to provide operating 
flexibility.
    (iii) Steady-state conditions. (A) Prior to obtaining performance 
test data, you must operate under performance test conditions until you 
reach steady-state operations with respect to emissions of pollutants 
you must measure during the performance test and operating parameters 
under Sec.  63.1209 for which you must establish limits. During system 
conditioning, you must ensure that each operating parameter for which 
you must establish a limit is held at the level planned for the 
performance test. You must include documentation in the performance test 
plan under paragraph (f) of this section justifying the duration of 
system conditioning.
    (B) If you own or operate a hazardous waste cement kiln that 
recycles collected particulate matter (i.e., cement kiln dust) into the 
kiln, you must sample and analyze the recycled particulate matter prior 
to obtaining performance test data for levels of selected metals that 
must be measured during performance testing to document that the system 
has reached steady-state conditions (i.e., that metals levels have 
stabilized). You must document the rationale for selecting metals that 
are indicative of system equilibrium and include the information in the 
performance test plan under paragraph (f) of this section. To determine 
system equilibrium, you must sample and analyze the recycled particulate 
matter hourly

[[Page 48]]

for each selected metal, unless you submit in the performance test plan 
a justification for reduced sampling and analysis and the Administrator 
approves in writing a reduced sampling and analysis frequency.
    (2) Confirmatory performance testing. You must conduct confirmatory 
performance testing for dioxin/furan under normal operating conditions 
for the following parameters:
    (i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be 
within the range of the average value to the maximum value allowed, 
except as provided by paragraph (g)(2)(v) of this section. The average 
value is defined as the sum of the hourly rolling average values 
recorded (each minute) over the previous 12 months, divided by the 
number of rolling averages recorded during that time. The average value 
must not include calibration data, startup data, shutdown data, 
malfunction data, and data obtained when not burning hazardous waste;
    (ii) Each operating limit (specified in Sec.  63.1209) established 
to maintain compliance with the dioxin/furan emission standard must be 
held within the range of the average value over the previous 12 months 
and the maximum or minimum, as appropriate, that is allowed, except as 
provided by paragraph (g)(2)(v) of this section. The average value is 
defined as the sum of the rolling average values recorded over the 
previous 12 months, divided by the number of rolling averages recorded 
during that time. The average value must not include calibration data, 
startup data, shutdown data, malfunction data, and data obtained when 
not burning hazardous waste;
    (iii) You must feed chlorine at normal feedrates or greater; and
    (iv) If the combustor is equipped with carbon injection or carbon 
bed, normal cleaning cycle of the particulate matter control device.
    (v) The Administrator may approve an alternative range to that 
required by paragraphs (g)(2)(i) and (ii) of this section if you 
document in the confirmatory performance test plan that it may be 
problematic to maintain the required range during the test. In addition, 
when making the finding of compliance, the Administrator may consider 
test conditions outside of the range specified in the test plan based on 
a finding that you could not reasonably maintain the range specified in 
the test plan and considering factors including whether the time 
duration and level of the parameter when operations were out of the 
specified range were such that operations during the confirmatory test 
are determined to be reasonably representative of normal operations. In 
addition, the Administrator will consider the proximity of the emission 
test results to the standard.
    (h) Operating conditions during subsequent testing. (1) Current 
operating parameter limits established under Sec.  63.1209 are waived 
during subsequent comprehensive performance testing.
    (2) Current operating parameter limits are also waived during 
pretesting prior to comprehensive performance testing for an aggregate 
time not to exceed 720 hours of operation (renewable at the discretion 
of the Administrator) under an approved test plan or if the source 
records the results of the pretesting. Pretesting means:
    (i) Operations when stack emissions testing for dioxin/furan, 
mercury, semivolatile metals, low volatile metals, particulate matter, 
or hydrogen chloride/chlorine gas is being performed; and
    (ii) Operations to reach steady-state operating conditions prior to 
stack emissions testing under paragraph (g)(1)(iii) of this section.
    (i) Time extension for subsequent performance tests. After the 
initial comprehensive performance test, you may request up to a one-year 
time extension for conducting a comprehensive or confirmatory 
performance test to consolidate performance testing with other state or 
federally required emission testing, or for other reasons deemed 
acceptable by the Administrator. If the Administrator grants a time 
extension for a comprehensive performance test, the deadlines for 
commencing the next comprehensive and confirmatory tests are based on 
the date that the subject comprehensive performance test commences.
    (1) You must submit in writing to the Administrator any request 
under this

[[Page 49]]

paragraph for a time extension for conducting a performance test.
    (2) You must include in the request for an extension for conducting 
a performance test the following:
    (i) A description of the reasons for requesting the time extension;
    (ii) The date by which you will commence performance testing.
    (3) The Administrator will notify you in writing of approval or 
intention to deny approval of your request for an extension for 
conducting a performance test within 30 calendar days after receipt of 
sufficient information to evaluate your request. The 30-day approval or 
denial period will begin after you have been notified in writing that 
your application is complete. The Administrator will notify you in 
writing whether the application contains sufficient information to make 
a determination within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that you submit.
    (4) When notifying you that your application is not complete, the 
Administrator will specify the information needed to complete the 
application. The Administrator will also provide notice of opportunity 
for you to present, in writing, within 30 calendar days after 
notification of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (5) Before denying any request for an extension for performance 
testing, the Administrator will notify you in writing of the 
Administrator's intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for you to present in writing, within 15 
calendar days after notification of the intended denial, additional 
information or arguments to the Administrator before further action on 
the request.
    (6) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth specific grounds upon 
which the denial is based. The final determination will be made within 
30 calendar days after the presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (j) Notification of compliance--(1) Comprehensive performance test. 
(i) Except as provided by paragraphs (j)(4) and (j)(5) of this section, 
within 90 days of completion of a comprehensive performance test, you 
must postmark a Notification of Compliance documenting compliance with 
the emission standards and continuous monitoring system requirements, 
and identifying operating parameter limits under Sec.  63.1209.
    (ii) Upon postmark of the Notification of Compliance, you must 
comply with all operating requirements specified in the Notification of 
Compliance in lieu of the limits specified in the Documentation of 
Compliance required under Sec.  63.1211(c).
    (2) Confirmatory performance test. Except as provided by paragraph 
(j)(4) of this section, within 90 days of completion of a confirmatory 
performance test, you must postmark a Notification of Compliance 
documenting compliance or noncompliance with the applicable dioxin/furan 
emission standard.
    (3) See Sec. Sec.  63.7(g), 63.9(h), and 63.1210(d) for additional 
requirements pertaining to the Notification of Compliance (e.g., you 
must include results of performance tests in the Notification of 
Compliance).
    (4) Time extension. You may submit a written request to the 
Administrator for a time extension documenting that, for reasons beyond 
your control, you may not be able to meet the 90-day deadline for 
submitting the Notification of Compliance after completion of testing. 
The Administrator will determine whether a time extension is warranted.
    (5) Early compliance. If you conduct the initial comprehensive 
performance test prior to the compliance date, you must postmark the 
Notification of Compliance within 90 days of completion of the 
performance test or by the compliance date, whichever is later.
    (k) Failure to submit a timely notification of compliance. (1) If 
you fail to postmark a Notification of Compliance by

[[Page 50]]

the specified date, you must cease hazardous waste burning immediately.
    (2) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (k)(3) of this section, you may burn hazardous 
waste only for the purpose of pretesting or comprehensive performance 
testing and only for a maximum of 720 hours (renewable at the discretion 
of the Administrator).
    (3) You must submit to the Administrator a Notification of 
Compliance subsequent to a new comprehensive performance test before 
resuming hazardous waste burning.
    (l) Failure of performance test--(1) Comprehensive performance test. 
The provisions of this paragraph do not apply to the initial 
comprehensive performance test if you conduct the test prior to your 
compliance date.
    (i) If you determine (based on CEM recordings, results of analyses 
of stack samples, or results of CMS performance evaluations) that you 
have exceeded any emission standard during a comprehensive performance 
test for a mode of operation, you must cease hazardous waste burning 
immediately under that mode of operation. You must make this 
determination within 90 days following completion of the performance 
test.
    (ii) If you have failed to demonstrate compliance with the emission 
standards for any mode of operation:
    (A) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (l)(1)(ii)(C) of this section, you may burn 
hazardous waste only for the purpose of pretesting or comprehensive 
performance testing under revised operating conditions, and only for a 
maximum of 720 hours (renewable at the discretion of the Administrator), 
except as provided by paragraph (l)(3) of this section;
    (B) You must conduct a comprehensive performance test under revised 
operating conditions following the requirements for performance testing 
of this section; and
    (C) You must submit to the Administrator a Notification of 
Compliance subsequent to the new comprehensive performance test.
    (2) Confirmatory performance test. If you determine (based on CEM 
recordings, results of analyses of stack samples, or results of CMS 
performance evaluations) that you have failed the dioxin/furan emission 
standard during a confirmatory performance test, you must cease burning 
hazardous waste immediately. You must make this determination within 90 
days following completion of the performance test. To burn hazardous 
waste in the future:
    (i) You must submit to the Administrator for review and approval a 
test plan to conduct a comprehensive performance test to identify 
revised limits on the applicable dioxin/furan operating parameters 
specified in Sec.  63.1209(k);
    (ii) You must submit to the Administrator a Notification of 
Compliance with the dioxin/furan emission standard under the provisions 
of paragraphs (j) and (k) of this section and this paragraph (l). You 
must include in the Notification of Compliance the revised limits on the 
applicable dioxin/furan operating parameters specified in Sec.  
63.1209(k); and
    (iii) Until the Notification of Compliance is submitted, you must 
not burn hazardous waste except for purposes of pretesting or 
confirmatory performance testing, and for a maximum of 720 hours 
(renewable at the discretion of the Administrator), except as provided 
by paragraph (l)(3) of this section.
    (3) You may petition the Administrator to obtain written approval to 
burn hazardous waste in the interim prior to submitting a Notification 
of Compliance for purposes other than testing or pretesting. You must 
specify operating requirements, including limits on operating 
parameters, that you determine will ensure compliance with the emission 
standards of this subpart based on available information including data 
from the failed performance test. The Administrator will review, modify 
as necessary, and approve if warranted the interim operating 
requirements. An approval of interim operating requirements will include 
a schedule for submitting a Notification of Compliance.
    (m) Waiver of performance test. You are not required to conduct 
performance tests to document compliance with the mercury, semivolatile 
metals, low volatile metals, or hydrogen chloride/chlorine gas emission 
standards

[[Page 51]]

under the conditions specified in paragraphs (m)(1) or (m)(2) of this 
section. The waiver provisions of this paragraph apply in addition to 
the provisions of Sec.  63.7(h).
    (1) Emission standards based on exhaust gas flow rate. (i) You are 
deemed to be in compliance with an emission standard based on the 
volumetric flow rate of exhaust gas (i.e., [micro]g/dscm or ppmv) if the 
maximum theoretical emission concentration (MTEC) does not exceed the 
emission standard over the relevant averaging period specified under 
Sec.  63.1209(l), (n), and (o) of this section for the standard:
    (A) Determine the feedrate of mercury, semivolatile metals, low 
volatile metals, or total chlorine and chloride from all feedstreams;
    (B) Determine the stack gas flowrate; and
    (C) Calculate a MTEC for each standard assuming all mercury, 
semivolatile metals, low volatile metals, or total chlorine (organic and 
inorganic) from all feedstreams is emitted;
    (ii) To document compliance with this provision, you must:
    (A) Monitor and record the feedrate of mercury, semivolatile metals, 
low volatile metals, and total chlorine and chloride from all 
feedstreams according to Sec.  63.1209(c);
    (B) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (C) Continuously calculate and record in the operating record the 
MTEC under the procedures of paragraph (m)(1)(i) of this section; and
    (D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this 
section to the AWFCO system to stop hazardous waste burning when the 
MTEC exceeds the emission standard.
    (iii) In lieu of the requirement in paragraphs (m)(1)(ii)(C) and (D) 
of this section, you may:
    (A) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride from all 
feedstreams that ensures the MTEC as calculated in paragraph 
(m)(1)(i)(C) of this section is below the applicable emission standard; 
and
    (B) Interlock the minimum gas flowrate limit and maximum feedrate 
limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system to 
stop hazardous waste burning when the gas flowrate or mercury, 
semivolatile metals, low volatile metals, and/or total chlorine and 
chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of this 
section.
    (2) Emission standards based on hazardous waste thermal 
concentration. (i) You are deemed to be in compliance with an emission 
standard specified on a hazardous waste thermal concentration basis 
(i.e., pounds emitted per million Btu of heat input) if the HAP thermal 
concentration in the waste feed does not exceed the allowable HAP 
thermal concentration emission rate.
    (ii) To document compliance with this provision, you must:
    (A) Monitor and record the feedrate of mercury, semivolatile metals, 
low volatile metals, and total chlorine and chloride from all hazardous 
waste feedstreams in accordance with Sec.  63.1209(c);
    (B) Determine and record the higher heating value of each hazardous 
waste feed;
    (C) Continuously calculate and record the thermal feed rate of all 
hazardous waste feedstreams by summing the products of each hazardous 
waste feed rate multiplied by the higher heating value of that hazardous 
waste;
    (D) Continuously calculate and record the total HAP thermal feed 
concentration for each constituent by dividing the HAP feedrate 
determined in paragraph (m)(2)(ii)(A) of this section by the thermal 
feed rate determined in paragraph (m)(2)(ii)(C) of this section for all 
hazardous waste feedstreams;
    (E) Interlock the HAP thermal feed concentration for each 
constituent with the AWFCO to stop hazardous waste feed when the thermal 
feed concentration exceeds the applicable thermal emission standard.
    (3) When you determine the feedrate of mercury, semivolatile metals, 
low volatile metals, or total chlorine and chloride for purposes of this 
provision, except as provided by paragraph (m)(4) of this section, you 
must assume that

[[Page 52]]

the analyte is present at the full detection limit when the feedstream 
analysis determines that the analyte in not detected in the feedstream.
    (4) Owners and operators of hazardous waste burning cement kilns and 
lightweight aggregate kilns may assume that mercury is present in raw 
material at half the detection limit when the raw material feedstream 
analysis determines that mercury is not detected.
    (5) You must state in the site-specific test plan that you submit 
for review and approval under paragraph (e) of this section that you 
intend to comply with the provisions of this paragraph. You must include 
in the test plan documentation that any surrogate that is proposed for 
gas flowrate adequately correlates with the gas flowrate.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42299, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 35106, July 3, 2001; 66 FR 63318, Dec. 
6, 2001; 67 FR 6814, Feb. 13, 2002; 67 FR 6990, Feb. 14, 2002; 67 FR 
77691, Dec. 19, 2002; 70 FR 59546, Oct. 12, 2005; 73 FR 18980, Apr. 8, 
2008; 73 FR 64096, Oct. 28, 2008]



Sec.  63.1208  What are the test methods?

    (a) [Reserved]
    (b) Test methods. You must use the following test methods to 
determine compliance with the emissions standards of this subpart:
    (1) Dioxins and furans. (i) To determine compliance with the 
emission standard for dioxins and furans, you must use:
    (A) Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofurans emissions from Stationary 
Sources, EPA Publication SW-846 (incorporated by reference--see Sec.  
63.14); or
    (B) Method 23, provided in appendix A, part 60 of this chapter, 
after approval by the Administrator.
    (1) You may request approval to use Method 23 in the performance 
test plan required under Sec.  63.1207(e)(i) and (ii).
    (2) In determining whether to grant approval to use Method 23, the 
Administrator may consider factors including whether dioxin/furan were 
detected at levels substantially below the emission standard in previous 
testing, and whether previous Method 0023 analyses detected low levels 
of dioxin/furan in the front half of the sampling train.
    (3) Sources that emit carbonaceous particulate matter, such as coal-
fired boilers, and sources equipped with activated carbon injection, 
will be deemed not suitable for use of Method 23 unless you document 
that there would not be a significant improvement in quality assurance 
with Method 0023A.
    (ii) You must sample for a minimum of three hours, and you must 
collect a minimum sample volume of 2.5 dscm;
    (iii) You may assume that nondetects are present at zero 
concentration.
    (2) Mercury. You must use Method 29, provided in appendix A, part 60 
of this chapter, to demonstrate compliance with emission standard for 
mercury.
    (3) Cadmium and lead. You must use Method 29, provided in appendix 
A, part 60 of this chapter, to determine compliance with the emission 
standard for cadmium and lead (combined).
    (4) Arsenic, beryllium, and chromium. You must use Method 29, 
provided in appendix A, part 60 of this chapter, to determine compliance 
with the emission standard for arsenic, beryllium, and chromium 
(combined).
    (5) Hydrogen chloride and chlorine gas--(i) Compliance with MACT 
standards. To determine compliance with the emission standard for 
hydrogen chloride and chlorine gas (combined), you must use:
    (A) Method 26/26A as provided in appendix A, part 60 of this 
chapter; or
    (B) Methods 320 or 321 as provided in appendix A, part 63 of this 
chapter, or
    (C) ASTM D 6735-01, Standard Test Method for Measurement of Gaseous 
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger 
Method to measure emissions of hydrogen chloride, and Method 26/26A to 
measure emissions of chlorine gas, provided that you follow the 
provisions in paragraphs (b)(5)(C)(1) through (6) of this section. ASTM 
D 6735-01 is available for purchase from at least one of the following 
addresses: American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or 
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.

[[Page 53]]

    (1) A test must include three or more runs in which a pair of 
samples is obtained simultaneously for each run according to section 
11.2.6 of ASTM Method D6735-01.
    (2) You must calculate the test run standard deviation of each set 
of paired samples to quantify data precision, according to Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.001

Where:

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

    (3) You must calculate the test average relative standard deviation 
according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.002

Where:

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

    (4) If RSDTA is greater than 20 percent, the data are invalid and 
the test must be repeated.
    (5) The post-test analyte spike procedure of section 11.2.7 of ASTM 
Method D6735-01 is conducted, and the percent recovery is calculated 
according to section 12.6 of ASTM Method D6735-01.
    (6) If the percent recovery is between 70 percent and 130 percent, 
inclusive, the test is valid. If the percent recovery is outside of this 
range, the data are considered invalid, and the test must be repeated.
    (ii) Compliance with risk-based limits under Sec.  63.1215. To 
demonstrate compliance with emission limits established under Sec.  
63.1215, you must use Method 26/26A as provided in appendix A, part 60 
of this chapter, Method 320 as provided in appendix A, part 63 of this 
chapter, Method 321 as provided in appendix A, part 63 of this chapter, 
or ASTM D 6735-01, Standard Test Method for Measurement of Gaseous 
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger 
Method (following the provisions of paragraphs (b)(5)(C)(1) through (6) 
of this section), except:
    (A) For cement kilns and sources equipped with a dry acid gas 
scrubber, you must use Methods 320 or 321 as provided in appendix A, 
part 63 of this chapter, or ASTM D 6735-01 to measure hydrogen chloride, 
and the back-half, caustic impingers of Method 26/26A as provided in 
appendix A, part 60 of this chapter to measure chlorine gas; and
    (B) For incinerators, boilers, and lightweight aggregate kilns, you 
must use Methods 320 or 321 as provided in appendix A, part 63 of this 
chapter, or ASTM D 6735-01 to measure hydrogen chloride, and Method 26/
26A as provided in appendix A, part 60 of this chapter to measure total 
chlorine, and calculate chlorine gas by difference if:
    (1) The bromine/chlorine ratio in feedstreams is greater than 5 
percent; or
    (2) The sulfur/chlorine ratio in feedstreams is greater than 50 
percent.
    (6) Particulate matter. You must use Methods 5 or 5I, provided in 
appendix A, part 60 of this chapter, to demonstrate compliance with the 
emission standard for particulate matter.
    (7) Other test methods. You may use applicable test methods in EPA 
Publication SW-846, as incorporated by reference in paragraph (a) of 
this section, as necessary to demonstrate compliance with requirements 
of this subpart, except as otherwise specified in paragraphs (b)(2)-
(b)(6) of this section.
    (8) Feedstream analytical methods. You may use any reliable 
analytical method to determine feedstream concentrations of metals, 
chlorine, and other constituents. It is your responsibility

[[Page 54]]

to ensure that the sampling and analysis procedures are unbiased, 
precise, and that the results are representative of the feedstream.
    (9) Opacity. If you determine compliance with the opacity standard 
under the monitoring requirements of Sec. Sec.  63.1209(a)(1)(iv) and 
(a)(1)(v), you must use Method 9, provided in appendix A, part 60 of 
this chapter.

[64 FR 53038, Sept. 30, 1999, as amended at 69 FR 18803, Apr. 9, 2004; 
70 FR 34555, June 14, 2005; 70 FR 59547, Oct. 12, 2005]



Sec.  63.1209  What are the monitoring requirements?

    (a) Continuous emissions monitoring systems (CEMS) and continuous 
opacity monitoring systems (COMS). (1)(i) You must use either a carbon 
monoxide or hydrocarbon CEMS to demonstrate and monitor compliance with 
the carbon monoxide and hydrocarbon standard under this subpart. You 
must also use an oxygen CEMS to continuously correct the carbon monoxide 
or hydrocarbon level to 7 percent oxygen.
    (ii) (A) Cement kilns under Sec.  63.1204. Except as provided by 
paragraphs (a)(1)(iv) and (a)(1)(v) of the section, you must use a COMS 
to demonstrate and monitor compliance with the opacity standard under 
Sec. Sec.  63.1204(a)(7) and (b)(7) at each point where emissions are 
vented from these affected sources including the bypass stack of a 
preheater or preheater/precalciner kiln with dual stacks.
    (B) Cement kilns under Sec.  63.1220. Except as provided by 
paragraphs (a)(1)(iv) and (a)(1)(v) of the section and unless your 
source is equipped with a bag leak detection system under Sec.  
63.1206(c)(8) or a particulate matter detection system under Sec.  
63.1206(c)(9), you must use a COMS to demonstrate and monitor compliance 
with the opacity standard under Sec. Sec.  63.1220(a)(7) and (b)(7) at 
each point where emissions are vented from these affected sources 
including the bypass stack of a preheater or preheater/precalciner kiln 
with dual stacks.
    (C) You must maintain and operate each COMS in accordance with the 
requirements of Sec.  63.8(c) except for the requirements under Sec.  
63.8(c)(3). The requirements of Sec.  63.1211(c) shall be complied with 
instead of Sec.  63.8(c)(3); and
    (D) Compliance is based on a six-minute block average.
    (iii) You must install, calibrate, maintain, and operate a 
particulate matter CEMS to demonstrate and monitor compliance with the 
particulate matter standards under this subpart. However, compliance 
with the requirements in this section to install, calibrate, maintain 
and operate the PM CEMS is not required until such time that the Agency 
promulgates all performance specifications and operational requirements 
applicable to PM CEMS.
    (iv) If you operate a cement kiln subject to the provisions of this 
subpart and use a fabric filter with multiple stacks or an electrostatic 
precipitator with multiple stacks, you may, in lieu of installing the 
COMS required by paragraph (a)(1)(ii) of this section, comply with the 
opacity standard in accordance with the procedures of Method 9 to part 
60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard.
    (v) If you operate a cement kiln subject to the provisions of this 
subpart and use a particulate matter control device that exhausts 
through a monovent, or if the use of a COMS in accordance with the 
installation specification of Performance Specification 1 (PS-1) of 
appendix B to part 60 of this chapter is not feasible, you may, in lieu 
of installing the COMS required by paragraph (a)(1)(ii) of this section, 
comply with the opacity standard in accordance with the procedures of 
Method 9 to part 60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;

[[Page 55]]

    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard.
    (2) Performance specifications. You must install, calibrate, 
maintain, and continuously operate the CEMS and COMS in compliance with 
the quality assurance procedures provided in the appendix to this 
subpart and Performance Specifications 1 (opacity), 4B (carbon monoxide 
and oxygen), and 8A (hydrocarbons) in appendix B, part 60 of this 
chapter.
    (3) Carbon monoxide readings exceeding the span. (i) Except as 
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide 
CEMS detects a response that results in a one-minute average at or above 
the 3,000 ppmv span level required by Performance Specification 4B in 
appendix B, part 60 of this chapter, the one-minute average must be 
recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be used 
for calculating the hourly rolling average carbon monoxide level.
    (ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when 
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are 
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS 
that use a span value of 10,000 are subject to the same CEMS performance 
and equipment specifications when operating in the range of 3,000 ppmv 
to 10,000 ppmv that are provided by Performance Specification 4B for 
other carbon monoxide CEMS, except:
    (A) Calibration drift must be less than 300 ppmv; and
    (B) Calibration error must be less than 500 ppmv.
    (4) Hydrocarbon readings exceeding the span. (i) Except as provided 
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects a 
response that results in a one-minute average at or above the 100 ppmv 
span level required by Performance Specification 8A in appendix B, part 
60 of this chapter, the one-minute average must be recorded as 500 ppmv. 
The one-minute 500 ppmv value must be used for calculating the hourly 
rolling average HC level.
    (ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not 
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that 
use a span value of 500 ppmv are subject to the same CEMS performance 
and equipment specifications when operating in the range of 100 ppmv to 
500 ppmv that are provided by Performance Specification 8A for other 
hydrocarbon CEMS, except:
    (A) The zero and high-level calibration gas must have a hydrocarbon 
level of between 0 and 100 ppmv, and between 250 and 450 ppmv, 
respectively;
    (B) The strip chart recorder, computer, or digital recorder must be 
capable of recording all readings within the CEM measurement range and 
must have a resolution of 2.5 ppmv;
    (C) The CEMS calibration must not differ by more than 15 ppmv after each 24-hour period of the seven day test 
at both zero and high levels;
    (D) The calibration error must be no greater than 25 ppmv; and
    (E) The zero level, mid-level, and high level calibration gas used 
to determine calibration error must have a hydrocarbon level of 0-200 
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
    (5) Petitions to use CEMS for other standards. You may petition the 
Administrator to use CEMS for compliance monitoring for particulate 
matter, mercury, semivolatile metals, low volatile metals, and hydrogen 
chloride and chlorine gas under Sec.  63.8(f) in lieu of compliance with 
the corresponding operating parameter limits under this section.
    (6) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. The carbon monoxide or hydrocarbon CEMS must begin 
recording one-minute average values by 12:01 a.m. and hourly rolling 
average values by 1:01 a.m., when 60 one-minute values will be available 
for calculating the initial hourly rolling average for those sources 
that come into compliance on the regulatory compliance date.

[[Page 56]]

Sources that elect to come into compliance before the regulatory 
compliance date must begin recording one-minute and hourly rolling 
average values within 60 seconds and 60 minutes (when 60 one-minute 
values will be available for calculating the initial hourly rolling 
average), respectively, from the time at which compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating the hourly rolling average. When one-minute values 
become available again, the first one-minute value is added to the 
previous 59 values to calculate the hourly rolling average.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this 
section, you must continue monitoring carbon monoxide and hydrocarbons 
when the hazardous waste feed is cutoff if the source is operating. You 
must not resume feeding hazardous waste if the emission levels exceed 
the standard.
    (B) You are not subject to the CEMS requirements of this subpart 
during periods of time you meet the requirements of Sec.  
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous 
waste burning sources when you are not burning hazardous waste).
    (7) Operating parameter limits for hydrocarbons. If you elect to 
comply with the carbon monoxide and hydrocarbon emission standard by 
continuously monitoring carbon monoxide with a CEMS, you must 
demonstrate that hydrocarbon emissions during the comprehensive 
performance test do not exceed the hydrocarbon emissions standard. In 
addition, the limits you establish on the destruction and removal 
efficiency (DRE) operating parameters required under paragraph (j) of 
this section also ensure that you maintain compliance with the 
hydrocarbon emission standard. If you do not conduct the hydrocarbon 
demonstration and DRE tests concurrently, you must establish separate 
operating parameter limits under paragraph (j) of this section based on 
each test and the more restrictive of the operating parameter limits 
applies.
    (b) Other continuous monitoring systems (CMS). (1) You must use CMS 
(e.g., thermocouples, pressure transducers, flow meters) to document 
compliance with the applicable operating parameter limits under this 
section.
    (2) Except as specified in paragraphs (b)(2)(i) and (ii) of this 
section, you must install and operate continuous monitoring systems 
other than CEMS in conformance with Sec.  63.8(c)(3) that requires you, 
at a minimum, to comply with the manufacturer's written specifications 
or recommendations for installation, operation, and calibration of the 
system:
    (i) Calibration of thermocouples and pyrometers. The calibration of 
thermocouples must be verified at a frequency and in a manner consistent 
with manufacturer specifications, but no less frequent than once per 
year. You must operate and maintain optical pyrometers in accordance 
with manufacturer specifications unless otherwise approved by the 
Administrator. You must calibrate optical pyrometers in accordance with 
the frequency and procedures recommended by the manufacturer, but no 
less frequent than once per year, unless otherwise approved by the 
Administrator. And,
    (ii) Accuracy and calibration of weight measurement devices for 
activated carbon injection systems. If you operate a carbon injection 
system, the accuracy of the weight measurement device must be 1 percent of the weight being measured. The calibration 
of the device must be verified at least once each calendar quarter at a 
frequency of approximately 120 days.
    (3) CMS must sample the regulated parameter without interruption, 
and evaluate the detector response at least once each 15 seconds, and 
compute and record the average values at least every 60 seconds.
    (4) The span of the non-CEMS CMS detector must not be exceeded. You 
must interlock the span limits into the automatic waste feed cutoff 
system required by Sec.  63.1206(c)(3).
    (5) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. Continuous monitoring systems must begin recording 
one-minute average values by 12:01 a.m., hourly rolling average values 
by 1:01 a.m. (e.g., when 60

[[Page 57]]

one-minute values will be available for calculating the initial hourly 
rolling average), and twelve-hour rolling averages by 12:01 p.m. (e.g., 
when 720 one-minute averages are available to calculate a 12-hour 
rolling average), for those sources that come into compliance on the 
regulatory compliance date. Sources that elect to come into compliance 
before the regulatory compliance date must begin recording one-minute, 
hourly rolling average, and 12-hour rolling average values within 60 
seconds, 60 minutes (when 60 one-minute values will be available for 
calculating the initial hourly rolling average), and 720 minutes (when 
720 one-minute values will be available for calculating the initial 12-
hour hourly rolling average) respectively, from the time at which 
compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating rolling averages. When one-minute values become 
available again, the first one-minute value is added to the previous 
one-minute values to calculate rolling averages.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this 
section, you must continue monitoring operating parameter limits with a 
CMS when the hazardous waste feed is cutoff if the source is operating. 
You must not resume feeding hazardous waste if an operating parameter 
exceeds its limit.
    (B) You are not subject to the CMS requirements of this subpart 
during periods of time you meet the requirements of Sec.  
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous 
waste burning sources when you are not burning hazardous waste).
    (c) Analysis of feedstreams--(1) General. Prior to feeding the 
material, you must obtain an analysis of each feedstream that is 
sufficient to document compliance with the applicable feedrate limits 
provided by this section.
    (2) Feedstream analysis plan. You must develop and implement a 
feedstream analysis plan and record it in the operating record. The plan 
must specify at a minimum:
    (i) The parameters for which you will analyze each feedstream to 
ensure compliance with the operating parameter limits of this section;
    (ii) Whether you will obtain the analysis by performing sampling and 
analysis or by other methods, such as using analytical information 
obtained from others or using other published or documented data or 
information;
    (iii) How you will use the analysis to document compliance with 
applicable feedrate limits (e.g., if you blend hazardous wastes and 
obtain analyses of the wastes prior to blending but not of the blended, 
as-fired, waste, the plan must describe how you will determine the 
pertinent parameters of the blended waste);
    (iv) The test methods which you will use to obtain the analyses;
    (v) The sampling method which you will use to obtain a 
representative sample of each feedstream to be analyzed using sampling 
methods described in appendix IX, part 266 of this chapter, or an 
equivalent method; and
    (vi) The frequency with which you will review or repeat the initial 
analysis of the feedstream to ensure that the analysis is accurate and 
up to date.
    (3) Review and approval of analysis plan. You must submit the 
feedstream analysis plan to the Administrator for review and approval, 
if requested.
    (4) Compliance with feedrate limits. To comply with the applicable 
feedrate limits of this section, you must monitor and record feedrates 
as follows:
    (i) Determine and record the value of the parameter for each 
feedstream by sampling and analysis or other method;
    (ii) Determine and record the mass or volume flowrate of each 
feedstream by a CMS. If you determine flowrate of a feedstream by 
volume, you must determine and record the density of the feedstream by 
sampling and analysis (unless you report the constituent concentration 
in units of weight per unit volume (e.g., mg/l)); and
    (iii) Calculate and record the mass feedrate of the parameter per 
unit time.
    (5) Waiver of monitoring of constituents in certain feedstreams. You 
are not required to monitor levels of metals or chlorine in the 
following feedstreams to document compliance with the

[[Page 58]]

feedrate limits under this section provided that you document in the 
comprehensive performance test plan the expected levels of the 
constituent in the feedstream and account for those assumed feedrate 
levels in documenting compliance with feedrate limits: natural gas, 
process air, and feedstreams from vapor recovery systems.
    (d) Performance evaluations. (1) The requirements of Sec. Sec.  
63.8(d) (Quality control program) and (e) (Performance evaluation of 
continuous monitoring systems) apply, except that you must conduct 
performance evaluations of components of the CMS under the frequency and 
procedures (for example, submittal of performance evaluation test plan 
for review and approval) applicable to performance tests as provided by 
Sec.  63.1207.
    (2) You must comply with the quality assurance procedures for CEMS 
prescribed in the appendix to this subpart.
    (e) Conduct of monitoring. The provisions of Sec.  63.8(b) apply.
    (f) Operation and maintenance of continuous monitoring systems. The 
provisions of Sec.  63.8(c) apply except:
    (1) Section 63.8(c)(3). The requirements of Sec.  63.1211(c), that 
requires CMSs to be installed, calibrated, and operational on the 
compliance date, shall be complied with instead of section 63.8(c)(3);
    (2) Section 63.8(c)(4)(ii). The performance specifications for 
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of 
this chapter that requires detectors to measure the sample concentration 
at least once every 15 seconds for calculating an average emission rate 
once every 60 seconds shall be complied with instead of section 
63.8(c)(4)(ii); and
    (3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to 
COMS apply only to owners and operators of hazardous waste burning 
cement kilns.
    (g) Alternative monitoring requirements other than continuous 
emissions monitoring systems (CEMS)--(1) Requests to use alternatives to 
operating parameter monitoring requirements. (i) You may submit an 
application to the Administrator under this paragraph for approval of 
alternative operating parameter monitoring requirements to document 
compliance with the emission standards of this subpart. For requests to 
use additional CEMS, however, you must use paragraph (a)(5) of this 
section and Sec.  63.8(f). Alternative requests to operating parameter 
monitoring requirements that include unproven monitoring methods may not 
be made under this paragraph and must be made under Sec.  63.8(f).
    (ii) You may submit an application to waive an operating parameter 
limit specified in this section based on documentation that neither that 
operating parameter limit nor an alternative operating parameter limit 
is needed to ensure compliance with the emission standards of this 
subpart.
    (iii) You must comply with the following procedures for applications 
submitted under paragraphs (g)(1)(i) and (ii) of this section:
    (A) Timing of the application. You must submit the application to 
the Administrator not later than with the comprehensive performance test 
plan.
    (B) Content of the application. You must include in the application:
    (1) Data or information justifying your request for an alternative 
monitoring requirement (or for a waiver of an operating parameter 
limit), such as the technical or economic infeasibility or the 
impracticality of using the required approach;
    (2) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach/technique (e.g., type of detector, monitoring 
location), the averaging period for the limit, and how the limit is to 
be calculated; and
    (3) Data or information documenting that the alternative monitoring 
requirement would provide equivalent or better assurance of compliance 
with the relevant emission standard, or that it is the monitoring 
requirement that best assures compliance with the standard and that is 
technically and economically practicable.
    (C) Approval of request to use an alternative monitoring requirement 
or waive an operating parameter limit. The Administrator will notify you 
of approval or intention to deny approval of the request within 90 
calendar days after receipt of the original request and within 60 
calendar days after receipt of any

[[Page 59]]

supplementary information that you submit. The Administrator will not 
approve an alternative monitoring request unless the alternative 
monitoring requirement provides equivalent or better assurance of 
compliance with the relevant emission standard, or is the monitoring 
requirement that best assures compliance with the standard and that is 
technically and economically practicable. Before disapproving any 
request, the Administrator will notify you of the Administrator's 
intention to disapprove the request together with:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) Notice of opportunity for you to present additional information 
to the Administrator before final action on the request. At the time the 
Administrator notifies you of intention to disapprove the request, the 
Administrator will specify how much time you will have after being 
notified of the intended disapproval to submit the additional 
information.
    (D) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your application in a timely manner to enable the 
Administrator to consider your application during review of the 
comprehensive performance test plan. Neither your submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application, relieves you of the responsibility to comply with the 
provisions of this subpart.
    (iv) Dual standards that incorporate the interim standards for HAP 
metals--(A) Semivolatile and low volatile metals. You may petition the 
Administrator to waive a feedrate operating parameter limit under 
paragraph (n)(2) of this section for either the emission standards 
expressed in a thermal emissions format or the interim standards based 
on documentation that the feedrate operating parameter limit is not 
needed to ensure compliance with the relevant standard on a continuous 
basis.
    (B) Mercury. You may petition the Administrator to waive a feedrate 
operating parameter limit under paragraph (l)(1) of this section for 
either the feed concentration standard under Sec. Sec.  63.1220(a)(2)(i) 
and (b)(2)(i) or the interim standards based on documentation that the 
feedrate operating parameter limit is not needed to ensure compliance 
with the relevant standard on a continuous basis.
    (2) Administrator's discretion to specify additional or alternative 
requirements. The Administrator may determine on a case-by-case basis at 
any time (e.g., during review of the comprehensive performance test 
plan, during compliance certification review) that you may need to limit 
additional or alternative operating parameters (e.g., opacity in 
addition to or in lieu of operating parameter limits on the particulate 
matter control device) or that alternative approaches to establish 
limits on operating parameters may be necessary to document compliance 
with the emission standards of this subpart.
    (h) Reduction of monitoring data. The provisions of Sec.  63.8(g) 
apply.
    (i) When an operating parameter is applicable to multiple standards. 
Paragraphs (j) through (p) of this section require you to establish 
limits on operating parameters based on comprehensive performance 
testing to ensure you maintain compliance with the emission standards of 
this subpart. For several parameters, you must establish a limit for the 
parameter to ensure compliance with more than one emission standard. An 
example is a limit on minimum combustion chamber temperature to ensure 
compliance with both the DRE standard of paragraph (j) of this section 
and the dioxin/furan standard of paragraph (k) of this section. If the 
performance tests for such standards are not performed simultaneously, 
the most stringent limit for a parameter derived from independent 
performance tests applies.
    (j) DRE. To remain in compliance with the destruction and removal 
efficiency (DRE) standard, you must establish operating limits during 
the comprehensive performance test (or during a previous DRE test under 
provisions of Sec.  63.1206(b)(7)) for the following parameters, unless 
the limits are based on manufacturer specifications, and comply with 
those limits at all times that hazardous waste remains

[[Page 60]]

in the combustion chamber (i.e., the hazardous waste residence time has 
not transpired since the hazardous waste feed cutoff system was 
activated):
    (1) Minimum combustion chamber temperature. (i) You must measure the 
temperature of each combustion chamber at a location that best 
represents, as practicable, the bulk gas temperature in the combustion 
zone. You must document the temperature measurement location in the test 
plan you submit under Sec.  63.1207(e);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages;
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan as an appropriate surrogate for gas residence 
time, as the average of the maximum hourly rolling averages for each 
run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (i.e., pumpable and nonpumpable) 
hazardous waste feedrate for each location where hazardous waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (4) Operation of waste firing system. You must specify operating 
parameters and limits to ensure that good operation of each hazardous 
waste firing system is maintained.
    (k) Dioxins and furans. You must comply with the dioxin and furans 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Gas temperature at the inlet to a dry particulate matter control 
device. (i) For sources other than a lightweight aggregate kiln, if the 
combustor is equipped with an electrostatic precipitator, baghouse 
(fabric filter), or other dry emissions control device where particulate 
matter is suspended in contact with combustion gas, you must establish a 
limit on the maximum temperature of the gas at the inlet to the device 
on an hourly rolling average. You must establish the hourly rolling 
average limit as the average of the test run averages.
    (ii) For hazardous waste burning lightweight aggregate kilns, you 
must establish a limit on the maximum temperature of the gas at the exit 
of the (last) combustion chamber (or exit of any waste heat recovery 
system) on an hourly rolling average. The limit must be established as 
the average of the test run averages;
    (2) Minimum combustion chamber temperature. (i) For sources other 
than cement kilns, you must measure the temperature of each combustion 
chamber at a location that best represents, as practicable, the bulk gas 
temperature in the combustion zone. You must document the temperature 
measurement location in the test plan you submit under Sec. Sec.  
63.1207(e) and (f);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages.
    (3) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan as an appropriate surrogate for gas residence 
time, as the average of the maximum hourly rolling averages for each 
run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (4) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (pumpable and nonpumpable) hazardous 
waste feedrate for each location where waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.

[[Page 61]]

    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (5) Particulate matter operating limit. If your combustor is 
equipped with an activated carbon injection system, you must establish 
operating parameter limits on the particulate matter control device as 
specified by paragraph (m)(1) of this section;
    (6) Activated carbon injection parameter limits. If your combustor 
is equipped with an activated carbon injection system:
    (i) Carbon feedrate. You must establish a limit on minimum carbon 
injection rate on an hourly rolling average calculated as the average of 
the test run averages. If your carbon injection system injects carbon at 
more than one location, you must establish a carbon feedrate limit for 
each location.
    (ii) Carrier fluid. You must establish a limit on minimum carrier 
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling 
average based on the manufacturer's specifications. You must document 
the specifications in the test plan you submit under Sec. Sec.  
63.1207(e) and (f);
    (iii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec.  63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
carbon used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(k)(6)(iii)(A) of this section. You must include in the operating record 
documentation that the substitute carbon will provide the same level of 
control as the original carbon.
    (7) Carbon bed parameter limits. If your combustor is equipped with 
a carbon bed system:
    (i) Monitoring bed life. You must:
    (A) Monitor performance of the carbon bed consistent with 
manufacturer's specifications and recommendations to ensure the carbon 
bed (or bed segment for sources with multiple segments) has not reached 
the end of its useful life to minimize dioxin/furan and mercury 
emissions at least to the levels required by the emission standards;
    (B) Document the monitoring procedures in the operation and 
maintenance plan;
    (C) Record results of the performance monitoring in the operating 
record; and
    (D) Replace the bed or bed segment before it has reached the end of 
its useful life to minimize dioxin/furan and mercury emissions at least 
to the levels required by the emission standards.
    (ii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec.  63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
carbon used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test. You must 
include in the operating record documentation that the substitute carbon 
will provide an equivalent or improved level of control as the original 
carbon.
    (iii) Maximum temperature. You must measure the temperature of the 
carbon bed at either the bed inlet or exit and you must establish a 
maximum temperature limit on an hourly rolling average as the average of 
the test run averages.
    (8) Catalytic oxidizer parameter limits. If your combustor is 
equipped with a catalytic oxidizer, you must establish limits on the 
following parameters:
    (i) Minimum flue gas temperature at the entrance of the catalyst. 
You must establish a limit on minimum flue gas temperature at the 
entrance of the catalyst on an hourly rolling average as the average of 
the test run averages.

[[Page 62]]

    (ii) Maximum time in-use. You must replace a catalytic oxidizer with 
a new catalytic oxidizer when it has reached the maximum service time 
specified by the manufacturer.
    (iii) Catalyst replacement specifications. When you replace a 
catalyst with a new one, the new catalyst must be equivalent to or 
better than the one used during the previous comprehensive test, as 
measured by:
    (A) Catalytic metal loading for each metal;
    (B) Space time, expressed in the units s-1, the maximum 
rated volumetric flow of combustion gas through the catalyst divided by 
the volume of the catalyst; and
    (C) Substrate construction, including materials of construction, 
washcoat type, and pore density.
    (iv) Maximum flue gas temperature. You must establish a maximum flue 
gas temperature limit at the entrance of the catalyst as an hourly 
rolling average, based on manufacturer's specifications.
    (9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan 
inhibitor into the combustion system, you must establish limits for the 
following parameters:
    (i) Minimum inhibitor feedrate. You must establish a limit on 
minimum inhibitor feedrate on an hourly rolling average as the average 
of the test run averages.
    (ii) Inhibitor specifications. (A) You must specify and use the 
brand (i.e., manufacturer) and type of inhibitor used during the 
comprehensive performance test until a subsequent comprehensive 
performance test is conducted, unless you document in the site-specific 
performance test plan required under Sec. Sec.  63.1207(e) and (f) key 
parameters that affect the effectiveness of the inhibitor and establish 
limits on those parameters based on the inhibitor used in the 
performance test.
    (B) You may substitute at any time a different brand or type of 
inhibitor provided that the replacement has equivalent or improved 
properties compared to the inhibitor used in the performance test and 
conforms to the key parameters you identify under paragraph 
(k)(9)(ii)(A) of this section. You must include in the operating record 
documentation that the substitute inhibitor will provide the same level 
of control as the original inhibitor.
    (l) Mercury. You must comply with the mercury emission standard by 
establishing and complying with the following operating parameter 
limits. You must base the limits on operations during the comprehensive 
performance test, unless the limits are based on manufacturer 
specifications.
    (1) Feedrate of mercury. (i) For incinerators and solid fuel 
boilers, when complying with the mercury emission standards under 
Sec. Sec.  63.1203, 63.1216 and 63.1219, you must establish a 12-hour 
rolling average limit for the total feedrate of mercury in all 
feedstreams as the average of the test run averages.
    (ii) For liquid fuel boilers, when complying with the mercury 
emission standards of Sec.  63.1217, you must establish a rolling 
average limit for the mercury feedrate as follows on an averaging period 
not to exceed an annual rolling average:
    (A) You must calculate a mercury system removal efficiency for each 
test run and calculate the average system removal efficiency of the test 
run averages. If emissions exceed the mercury emission standard during 
the comprehensive performance test, it is not a violation because the 
averaging period for the mercury emission standard is (not-to-exceed) 
one year and compliance is based on compliance with the mercury feedrate 
limit with an averaging period not-to-exceed one year.
    (B) If you burn hazardous waste with a heating value of 10,000 Btu/
lb or greater, you must calculate the mercury feedrate limit as follows:
    (1) The mercury feedrate limit is the emission standard divided by 
[1 - system removal efficiency].
    (2) The mercury feedrate limit is a hazardous waste thermal 
concentration limit expressed as pounds of mercury in hazardous waste 
feedstreams per million Btu of hazardous waste fired.
    (3) You must comply with the hazardous waste mercury thermal 
concentration limit by determining the feedrate of mercury in all 
hazardous waste feedstreams (lb/hr) at least once a minute and the 
hazardous waste thermal feedrate (MM Btu/hr) at least once

[[Page 63]]

a minute to calculate a 60-minute average thermal emission concentration 
as [hazardous waste mercury feedrate (lb/hr) / hazardous waste thermal 
feedrate (MM Btu/hr)].
    (4) You must calculate a rolling average hazardous waste mercury 
thermal concentration that is updated each hour.
    (5) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. Thereafter, you must 
calculate rolling averages using either one-minute or one-hour updates. 
Hourly updates shall be calculated using the average of the one-minute 
average data for the preceding hour. For the period beginning with 
initial operation under this standard until the source has operated for 
the full averaging period that you select, the average feedrate shall be 
based only on actual operation under this standard.
    (C) If you burn hazardous waste with a heating value of less than 
10,000 Btu/lb, you must calculate the mercury feedrate limit as follows:
    (1) You must calculate the mercury feedrate limit as the mercury 
emission standard divided by [1 - System Removal Efficiency].
    (2) The feedrate limit is expressed as a mass concentration per unit 
volume of stack gas ([micro]gm/dscm) and is converted to a mass feedrate 
(lb/hr) by multiplying it by the average stack gas flowrate of the test 
run averages.
    (3) You must comply with the feedrate limit by determining the 
mercury feedrate (lb/hr) at least once a minute to calculate a 60-minute 
average feedrate.
    (4) You must update the rolling average feedrate each hour with this 
60-minute feedrate measurement.
    (5) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. Thereafter, you must 
calculate rolling averages using either one-minute or one-hour updates. 
Hourly updates shall be calculated using the average of the one-minute 
average data for the preceding hour. For the period beginning with 
initial operation under this standard until the source has operated for 
the full averaging period that you select, the average feedrate shall be 
based only on actual operation under this standard.
    (D) If your boiler is equipped with a wet scrubber, you must comply 
with the following unless you document in the performance test plan that 
you do not feed chlorine at rates that may substantially affect the 
system removal efficiency of mercury for purposes of establishing a 
mercury feedrate limit based on the system removal efficiency during the 
test:
    (1) Scrubber blowdown must be minimized during a pretest 
conditioning period and during the performance test:
    (2) Scrubber water must be preconditioned so that mercury in the 
water is at equilibrium with stack gas at the mercury feedrate level of 
the performance test; and
    (3) You must establish an operating limit on minimum pH of scrubber 
water as the average of the test run averages and comply with the limit 
on an hourly rolling average.
    (iii) For cement kilns:
    (A) When complying with the emission standards under Sec. Sec.  
63.1220(a)(2)(i) and (b)(2)(i), you must:
    (1) Comply with the mercury hazardous waste feed concentration 
operating requirement on a twelve-hour rolling average;
    (2) Monitor and record in the operating record the as-fired mercury 
concentration in the hazardous waste (or the weighted-average mercury 
concentration for multiple hazardous waste feedstreams);
    (3) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the as-fired 
mercury concentration operating requirement is exceeded;
    (B) When complying with the emission standards under Sec. Sec.  
63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish a 
12-hour rolling average limit for the feedrate of mercury in

[[Page 64]]

all feedstreams as the average of the test run averages;
    (C) Except as provided by paragraph (l)(1)(iii)(D) of this section, 
when complying with the hazardous waste maximum theoretical emission 
concentration (MTEC) under Sec.  63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B), 
you must:
    (1) Comply with the MTEC operating requirement on a twelve-hour 
rolling average;
    (2) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec.  63.1209(c);
    (3) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (4) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (5) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the MTEC operating 
requirement is exceeded;
    (D) In lieu of complying with paragraph (l)(1)(iii)(C) of this 
section, you may:
    (1) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (l)(1)(iii)(C)(4) of this section is below the operating 
requirement under paragraphs Sec. Sec.  63.1220(a)(2)(ii)(B) and 
(b)(2)(ii)(B); and
    (2) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when either the gas 
flowrate or mercury feedrate exceeds the limits identified in paragraph 
(l)(1)(iii)(D)(1) of this section.
    (iv) For lightweight aggregate kilns:
    (A) When complying with the emission standards under Sec. Sec.  
63.1205, 63.1221(a)(2)(i) and (b)(2)(i), you must establish a 12-hour 
rolling average limit for the total feedrate of mercury in all 
feedstreams as the average of the test run averages;
    (B) Except as provided by paragraph (l)(1)(iv)(C) of this section, 
when complying with the hazardous waste feedrate corresponding to a 
maximum theoretical emission concentration (MTEC) under Sec. Sec.  
63.1221(a)(2)(ii) and (b)(2)(ii), you must:
    (1) Comply with the MTEC operating requirement on a twelve-hour 
rolling average;
    (2) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec.  63.1209(c);
    (3) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (4) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (5) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the MTEC operating 
requirement is exceeded;
    (C) In lieu of complying with paragraph (l)(1)(iv)(B) of this 
section, you may:
    (1) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (l)(1)(iv)(B)(4) of this section is below the operating 
requirement under paragraphs Sec. Sec.  63.1221(a)(2)(ii) and 
(b)(2)(ii); and
    (2) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when either the gas 
flowrate or mercury feedrate exceeds the limits identified in paragraph 
(l)(1)(iv)(C)(1) of this section.
    (v) Extrapolation of feedrate levels. In lieu of establishing 
mercury feedrate limits as specified in paragraphs (l)(1)(i) through 
(iv) of this section, you may request as part of the performance test 
plan under Sec. Sec.  63.7(b) and (c) and Sec. Sec.  63.1207 (e) and (f) 
to use the mercury feedrates and associated emission rates during the 
comprehensive performance test to extrapolate to higher allowable 
feedrate limits and emission rates. The extrapolation methodology will 
be reviewed and approved, as warranted, by the Administrator. The review 
will consider in particular whether:

[[Page 65]]

    (A) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (2) Wet scrubber. If your combustor is equipped with a wet scrubber, 
you must establish operating parameter limits prescribed by paragraph 
(o)(3) of this section, except for paragraph (o)(3)(iv).
    (3) Activated carbon injection. If your combustor is equipped with 
an activated carbon injection system, you must establish operating 
parameter limits prescribed by paragraphs (k)(5) and (k)(6) of this 
section.
    (4) Activated carbon bed. If your combustor is equipped with an 
activated carbon bed system, you must comply with the requirements of 
(k)(7) of this section to assure compliance with the mercury emission 
standard.
    (m) Particulate matter. You must comply with the particulate matter 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Control device operating parameter limits (OPLs)--(i) Wet 
scrubbers. For sources equipped with wet scrubbers, including ionizing 
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic, 
collision, or free jet wet scrubbers, and low energy wet scrubbers such 
as spray towers, packed beds, or tray towers, you must establish limits 
on the following parameters:
    (A) For high energy scrubbers only, minimum pressure drop across the 
wet scrubber on an hourly rolling average, established as the average of 
the test run averages;
    (B) For all wet scrubbers:
    (1) To ensure that the solids content of the scrubber liquid does 
not exceed levels during the performance test, you must either:
    (i) Establish a limit on solids content of the scrubber liquid using 
a CMS or by manual sampling and analysis. If you elect to monitor solids 
content manually, you must sample and analyze the scrubber liquid hourly 
unless you support an alternative monitoring frequency in the 
performance test plan that you submit for review and approval; or
    (ii) Establish a minimum blowdown rate using a CMS and either a 
minimum scrubber tank volume or liquid level using a CMS.
    (2) For maximum solids content monitored with a CMS, you must 
establish a limit on a twelve-hour rolling average as the average of the 
test run averages.
    (3) For maximum solids content measured manually, you must establish 
an hourly limit, as measured at least once per hour, unless you support 
an alternative monitoring frequency in the performance test plan that 
you submit for review and approval. You must establish the maximum 
hourly limit as the average of the manual measurement averages for each 
run.
    (4) For minimum blowdown rate and either a minimum scrubber tank 
volume or liquid level using a CMS, you must establish a limit on an 
hourly rolling average as the average of the test run averages.
    (C) For high energy wet scrubbers only, you must establish limits on 
either the minimum liquid to gas ratio or the minimum scrubber water 
flowrate and maximum flue gas flowrate on an hourly rolling average. If 
you establish limits on maximum flue gas flowrate under this paragraph, 
you need not establish a limit on maximum flue gas flowrate under 
paragraph (m)(2) of this section. You must establish these hourly 
rolling average limits as the average of the test run averages; and
    (ii)-(iii) [Reserved]
    (iv) Other particulate matter control devices. For each particulate 
matter control device that is not a fabric filter or high energy wet 
scrubber, or is not an electrostatic precipitator or ionizing wet 
scrubber for which you elect to monitor particulate matter loadings 
under Sec.  63.1206(c)(9) of this chapter for process control, you must 
ensure that

[[Page 66]]

the control device is properly operated and maintained as required by 
Sec.  63.1206(c)(7) and by monitoring the operation of the control 
device as follows:
    (A) During each comprehensive performance test conducted to 
demonstrate compliance with the particulate matter emissions standard, 
you must establish a range of operating values for the control device 
that is a representative and reliable indicator that the control device 
is operating within the same range of conditions as during the 
performance test. You must establish this range of operating values as 
follows:
    (1) You must select a set of operating parameters appropriate for 
the control device design that you determine to be a representative and 
reliable indicator of the control device performance.
    (2) You must measure and record values for each of the selected 
operating parameters during each test run of the performance test. A 
value for each selected parameter must be recorded using a continuous 
monitor.
    (3) For each selected operating parameter measured in accordance 
with the requirements of paragraph (m)(1)(iv)(A)(1) of this section, you 
must establish a minimum operating parameter limit or a maximum 
operating parameter limit, as appropriate for the parameter, to define 
the operating limits within which the control device can operate and 
still continuously achieve the same operating conditions as during the 
performance test.
    (4) You must prepare written documentation to support the operating 
parameter limits established for the control device and you must include 
this documentation in the performance test plan that you submit for 
review and approval. This documentation must include a description for 
each selected parameter and the operating range and monitoring frequency 
required to ensure the control device is being properly operated and 
maintained.
    (B) You must install, calibrate, operate, and maintain a monitoring 
device equipped with a recorder to measure the values for each operating 
parameter selected in accordance with the requirements of paragraph 
(m)(1)(iv)(A)(1) of this section. You must install, calibrate, and 
maintain the monitoring equipment in accordance with the equipment 
manufacturer's specifications. The recorder must record the detector 
responses at least every 60 seconds, as required in the definition of 
continuous monitor.
    (C) You must regularly inspect the data recorded by the operating 
parameter monitoring system at a sufficient frequency to ensure the 
control device is operating properly. An excursion is determined to have 
occurred any time that the actual value of a selected operating 
parameter is less than the minimum operating limit (or, if applicable, 
greater than the maximum operating limit) established for the parameter 
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of 
this section.
    (D) Operating parameters selected in accordance with paragraph 
(m)(1)(iv) of this section may be based on manufacturer specifications 
provided you support the use of manufacturer specifications in the 
performance test plan that you submit for review and approval.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum ash feedrate. Owners and operators of hazardous waste 
incinerators, solid fuel boilers, and liquid fuel boilers must establish 
a maximum ash feedrate limit as a 12-hour rolling average based on the 
average of the test run averages. This requirement is waived, however, 
if you comply with the particulate matter detection system requirements 
under Sec.  63.1206(c)(9).
    (n) Semivolatile metals and low volatility metals. You must comply 
with the semivolatile metal (cadmium and lead) and low volatile metal 
(arsenic, beryllium, and chromium) emission standards by establishing 
and complying with the following operating parameter

[[Page 67]]

limits. You must base the limits on operations during the comprehensive 
performance test, unless the limits are based on manufacturer 
specifications.
    (1) Maximum inlet temperature to dry particulate matter air 
pollution control device. You must establish a limit on the maximum 
inlet temperature to the primary dry metals emissions control device 
(e.g., electrostatic precipitator, baghouse) on an hourly rolling 
average basis as the average of the test run averages.
    (2) Maximum feedrate of semivolatile and low volatile metals--(i) 
General. You must establish feedrate limits for semivolatile metals 
(cadmium and lead) and low volatile metals (arsenic, beryllium, and 
chromium) as follows, except as provided by paragraph (n)(2)(vii) of 
this section.
    (ii) For incinerators, cement kilns, and lightweight aggregate 
kilns, when complying with the emission standards under Sec. Sec.  
63.1203, 63.1204, 63.1205, and 63.1219, and for solid fuel boilers when 
complying with the emission standards under Sec.  63.1216, you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low volatile metals in all feedstreams as the average 
of the test run averages.
    (iii) Cement kilns under Sec.  63.1220. (A) When complying with the 
emission standards under Sec.  63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i), 
and (b)(4)(i), you must establish 12-hour rolling average feedrate 
limits for semivolatile and low volatile metals as the thermal 
concentration of semivolatile metals or low volatile metals in all 
hazardous waste feedstreams. You must calculate hazardous waste thermal 
concentrations for semivolatile metals and low volatile metals for each 
run as the total mass feedrate of semivolatile metals or low volatile 
metals for all hazardous waste feedstreams divided by the total heat 
input rate for all hazardous waste feedstreams. The 12-hour rolling 
average feedrate limits for semivolatile metals and low volatile metals 
are the average of the test run averages, calculated on a thermal 
concentration basis, for all hazardous waste feeds.
    (B) When complying with the emission standards under Sec. Sec.  
63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low volatile metals in all feedstreams as the average 
of the test run averages.
    (iv) Lightweight aggregate kilns under Sec.  63.1221. (A) When 
complying with the emission standards under Sec. Sec.  63.1221(a)(3)(i), 
(a)(4)(i), (b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling 
average feedrate limits for semivolatile and low volatile metals as the 
thermal concentration of semivolatile metals or low volatile metals in 
all hazardous waste feedstreams as specified in paragraphs 
(n)(2)(iii)(A) of this section.
    (B) When complying with the emission standards under Sec. Sec.  
63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low volatile metals in all feedstreams as the average 
of the test run averages.
    (v) Liquid fuel boilers under Sec.  63.1217--(A) Semivolatile 
metals. You must establish a rolling average limit for the semivolatile 
metal feedrate as follows on an averaging period not to exceed an annual 
rolling average.
    (1) System removal efficiency. You must calculate a semivolatile 
metal system removal efficiency for each test run and calculate the 
average system removal efficiency of the test run averages. If emissions 
exceed the semivolatile metal emission standard during the comprehensive 
performance test, it is not a violation because the averaging period for 
the semivolatile metal emission standard is one year and compliance is 
based on compliance with the semivolatile metal feedrate limit that has 
an averaging period not to exceed an annual rolling average.
    (2) Boilers that feed hazardous waste with a heating value of 10,000 
Btu/lb or greater. You must calculate the semivolatile metal feedrate 
limit as the semivolatile metal emission standard divided by [1 - System 
Removal Efficiency].
    (i) The feedrate limit is a hazardous waste thermal concentration 
limit expressed as pounds of semivolatile metals in all hazardous waste 
feedstreams per million Btu of hazardous waste fed to the boiler.

[[Page 68]]

    (ii) You must comply with the hazardous waste semivolatile metal 
thermal concentration limit by determining the feedrate of semivolatile 
metal in all hazardous waste feedstreams (lb/hr) and the hazardous waste 
thermal feedrate (MM Btu/hr) at least once a minute to calculate a 60-
minute average thermal emission concentration as [hazardous waste 
semivolatile metal feedrate (lb/hr) / hazardous waste thermal feedrate 
(MM Btu/hr)].
    (iii) You must calculate a rolling average hazardous waste 
semivolatile metal thermal concentration that is updated each hour.
    (iv) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. Thereafter, 
you must calculate rolling averages using either one-minute or one-hour 
updates. Hourly updates shall be calculated using the average of the 
one-minute average data for the preceding hour. For the period beginning 
with initial operation under this standard until the source has operated 
for the full averaging period that you select, the average feedrate 
shall be based only on actual operation under this standard.
    (3) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. (i) You must calculate the semivolatile metal feedrate 
limit as the semivolatile metal emission standard divided by [1 - System 
Removal Efficiency].
    (ii) The feedrate limit is expressed as a mass concentration per 
unit volume of stack gas ([micro]gm/dscm) and is converted to a mass 
feedrate (lb/hr) by multiplying it by the average stack gas flowrate 
(dscm/hr) of the test run averages.
    (iii) You must comply with the feedrate limit by determining the 
semivolatile metal feedrate (lb/hr) at least once a minute to calculate 
a 60-minute average feedrate.
    (iv) You must update the rolling average feedrate each hour with 
this 60-minute feedrate measurement.
    (v) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. Thereafter, you must 
calculate rolling averages using either one-minute or one-hour updates. 
Hourly updates shall be calculated using the average of the one-minute 
average data for the preceding hour. For the period beginning with 
initial operation under this standard until the source has operated for 
the full averaging period that you select, the average feedrate shall be 
based only on actual operation under this standard.
    (B) Chromium--(1) Boilers that feed hazardous waste with a heating 
value of 10,000 Btu/lb or greater. (i) The 12-hour rolling average 
feedrate limit is a hazardous waste thermal concentration limit 
expressed as pounds of chromium in all hazardous waste feedstreams per 
million Btu of hazardous waste fed to the boiler. You must establish the 
12-hour rolling average feedrate limit as the average of the test run 
averages.
    (ii) You must comply with the hazardous waste chromium thermal 
concentration limit by determining the feedrate of chromium in all 
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal 
feedrate (MMBtu/hr) at least once each minute as [hazardous waste 
chromium feedrate (lb/hr)/hazardous waste thermal feedrate (MMBtu/hr)].
    (2) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. You must establish a 12-hour rolling average limit for 
the total feedrate (lb/hr) of chromium in all feedstreams as the average 
of the test run averages.
    (vi) LVM limits for pumpable wastes. You must establish separate 
feedrate limits for low volatile metals in pumpable feedstreams using 
the procedures prescribed above for total low volatile metals. Dual 
feedrate limits for both pumpable and total feedstreams are not 
required, however, if you base the total feedrate limit solely on the 
feedrate of pumpable feedstreams.
    (vii) Extrapolation of feedrate levels. In lieu of establishing 
feedrate limits as specified in paragraphs (n)(2)(ii)

[[Page 69]]

through (vi) of this section, you may request as part of the performance 
test plan under Sec. Sec.  63.7(b) and (c) and Sec. Sec.  63.1207(e) and 
(f) to use the semivolatile metal and low volatile metal feedrates and 
associated emission rates during the comprehensive performance test to 
extrapolate to higher allowable feedrate limits and emission rates. The 
extrapolation methodology will be reviewed and approved, as warranted, 
by the Administrator. The review will consider in particular whether:
    (A) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (3) Control device operating parameter limits (OPLs). You must 
establish operating parameter limits on the particulate matter control 
device as specified by paragraph (m)(1) of this section;
    (4) Maximum total chlorine and chloride feedrate. You must establish 
a 12-hour rolling average limit for the feedrate of total chlorine and 
chloride in all feedstreams as the average of the test run averages.
    (5) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis.
    (o) Hydrogen chloride and chlorine gas. You must comply with the 
hydrogen chloride and chlorine gas emission standard by establishing and 
complying with the following operating parameter limits. You must base 
the limits on operations during the comprehensive performance test, 
unless the limits are based on manufacturer specifications.
    (1) Feedrate of total chlorine and chloride--(i) Incinerators, 
cement kilns, lightweight aggregate kilns, solid fuel boilers, and 
hydrochloric acid production furnaces. You must establish a 12-hour 
rolling average limit for the total feedrate of chlorine (organic and 
inorganic) in all feedstreams as the average of the test run averages.
    (ii) Liquid fuel boilers--(A) Boilers that feed hazardous waste with 
a heating value not less than 10,000 Btu/lb. (1) The feedrate limit is a 
hazardous waste thermal concentration limit expressed as pounds of 
chlorine (organic and inorganic) in all hazardous waste feedstreams per 
million Btu of hazardous waste fed to the boiler.
    (2) You must establish a 12-hour rolling average feedrate limit as 
the average of the test run averages.
    (3) You must comply with the feedrate limit by determining the mass 
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute 
and by knowing the chlorine content (organic and inorganic, lb of 
chlorine/lb of hazardous waste) and heating value (Btu/lb) of hazardous 
waste feedstreams at all times to calculate a 1-minute average feedrate 
measurement as [hazardous waste chlorine content (lb of chlorine/lb of 
hazardous waste feed)/hazardous waste heating value (Btu/lb of hazardous 
waste)]. You must update the rolling average feedrate each hour with 
this 60-minute average feedrate measurement.
    (B) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. You must establish a 12-hour rolling average limit for 
the total feedrate of chlorine (organic and inorganic) in all 
feedstreams as the average of the test run averages. You must update the 
rolling average feedrate each hour with a 60-minute average feedrate 
measurement.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate

[[Page 70]]

for gas residence time, as the average of the maximum hourly rolling 
averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Wet scrubber. If your combustor is equipped with a wet scrubber:
    (i) If your source is equipped with a high energy wet scrubber such 
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must 
establish a limit on minimum pressure drop across the wet scrubber on an 
hourly rolling average as the average of the test run averages;
    (ii) If your source is equipped with a low energy wet scrubber such 
as a spray tower, packed bed, or tray tower, you must establish a 
minimum pressure drop across the wet scrubber based on manufacturer's 
specifications. You must comply with the limit on an hourly rolling 
average;
    (iii) If your source is equipped with a low energy wet scrubber, you 
must establish a limit on minimum liquid feed pressure to the wet 
scrubber based on manufacturer's specifications. You must comply with 
the limit on an hourly rolling average;
    (iv) You must establish a limit on minimum pH on an hourly rolling 
average as the average of the test run averages;
    (v) You must establish limits on either the minimum liquid to gas 
ratio or the minimum scrubber water flowrate and maximum flue gas 
flowrate on an hourly rolling average as the average of the test run 
averages. If you establish limits on maximum flue gas flowrate under 
this paragraph, you need not establish a limit on maximum flue gas 
flowrate under paragraph (o)(2) of this section; and
    (4) Dry scrubber. If your combustor is equipped with a dry scrubber, 
you must establish the following operating parameter limits:
    (i) Minimum sorbent feedrate. You must establish a limit on minimum 
sorbent feedrate on an hourly rolling average as the average of the test 
run averages.
    (ii) Minimum carrier fluid flowrate or nozzle pressure drop. You 
must establish a limit on minimum carrier fluid (gas or liquid) flowrate 
or nozzle pressure drop based on manufacturer's specifications.
    (iii) Sorbent specifications. (A) You must specify and use the brand 
(i.e., manufacturer) and type of sorbent used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec.  63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
sorbent used in the performance test.
    (B) You may substitute at any time a different brand or type of 
sorbent provided that the replacement has equivalent or improved 
properties compared to the sorbent used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(o)(4)(iii)(A) of this section. You must record in the operating record 
documentation that the substitute sorbent will provide the same level of 
control as the original sorbent.
    (p) Maximum combustion chamber pressure. If you comply with the 
requirements for combustion system leaks under Sec.  63.1206(c)(5) by 
maintaining the maximum combustion chamber zone pressure lower than 
ambient pressure to prevent combustion systems leaks from hazardous 
waste combustion, you must perform instantaneous monitoring of pressure 
and the automatic waste feed cutoff system must be engaged when negative 
pressure is not adequately maintained.
    (q) Operating under different modes of operation. If you operate 
under different modes of operation, you must establish operating 
parameter limits for each mode. You must document in the operating 
record when you change a mode of operation and begin complying with the 
operating limits for an alternative mode of operation.
    (1) Operating under otherwise applicable standards after the 
hazardous waste residence time has transpired. As provided by Sec.  
63.1206(b)(1)(ii), you may operate under otherwise applicable 
requirements promulgated under sections 112 and 129 of the Clean Air Act 
in lieu of the substantive requirements of this subpart.
    (i) The otherwise applicable requirements promulgated under sections 
112

[[Page 71]]

and 129 of the Clean Air Act are applicable requirements under this 
subpart.
    (ii) You must specify (e.g., by reference) the otherwise applicable 
requirements as a mode of operation in your Documentation of Compliance 
under Sec.  63.1211(c), your Notification of Compliance under Sec.  
63.1207(j), and your title V permit application. These requirements 
include the otherwise applicable requirements governing emission 
standards, monitoring and compliance, and notification, reporting, and 
recordkeeping.
    (2) Calculating rolling averages under different modes of operation. 
When you transition to a different mode of operation, you must calculate 
rolling averages as follows:
    (i) Retrieval approach. Calculate rolling averages anew using the 
continuous monitoring system values previously recorded for that mode of 
operation (i.e., you ignore continuous monitoring system values 
subsequently recorded under other modes of operation when you transition 
back to a mode of operation); or
    (ii) Start anew. Calculate rolling averages anew without considering 
previous recordings.
    (A) Rolling averages must be calculated as the average of the 
available one-minute values for the parameter until enough one-minute 
values are available to calculate hourly or 12-hour rolling averages, 
whichever is applicable to the parameter.
    (B) You may not transition to a new mode of operation using this 
approach if the most recent operation in that mode resulted in an 
exceedance of an applicable emission standard measured with a CEMS or 
operating parameter limit prior to the hazardous waste residence time 
expiring; or
    (iii) Seamless transition. Continue calculating rolling averages 
using data from the previous operating mode provided that both the 
operating limit and the averaging period for the parameter are the same 
for both modes of operation.
    (r) Averaging periods. The averaging periods specified in this 
section for operating parameters are not-to-exceed averaging periods. 
You may elect to use shorter averaging periods. For example, you may 
elect to use a 1-hour rolling average rather than the 12-hour rolling 
average specified in paragraph (l)(1)(i) of this section for mercury.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42300, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July 
3, 2001; 67 FR 6815, Feb. 13, 2002; 67 FR 6991, Feb. 14, 2002; 67 FR 
77691, Dec. 19, 2002; 70 FR 59548, Oct. 12, 2005; 73 FR 18981, Apr. 8, 
2008]

                Notification, Reporting and Recordkeeping



Sec.  63.1210  What are the notification requirements?

    (a) Summary of requirements. (1) You must submit the following 
notifications to the Administrator:

------------------------------------------------------------------------
              Reference                           Notification
------------------------------------------------------------------------
63.9(b)..............................  Initial notifications that you
                                        are subject to Subpart EEE of
                                        this Part.
63.9(d)..............................  Notification that you are subject
                                        to special compliance
                                        requirements.
63.9(j)..............................  Notification and documentation of
                                        any change in information
                                        already provided under Sec.
                                        63.9.
63.1206(b)(5)(i).....................  Notification of changes in
                                        design, operation, or
                                        maintenance.
63.1206(c)(8)(iv)....................  Notification of excessive bag
                                        leak detection system
                                        exceedances.
63.1206(c)(9)(v).....................  Notification of excessive
                                        particulate matter detection
                                        system exceedances.
63.1207(e), 63.9(e) 63.9(g)(1) and     Notification of performance test
 (3).                                   and continuous monitoring system
                                        evaluation, including the
                                        performance test plan and CMS
                                        performance evaluation plan.\1\
63.1210(b)...........................  Notification of intent to comply.
63.1210(d), 63.1207(j), 63.1207(k),    Notification of compliance,
 63.1207(l), 63.9(h), 63.10(d)(2),      including results of performance
 63.10(e)(2).                           tests and continuous monitoring
                                        system performance evaluations.
------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a
  feedstream analysis plan under Sec.   63.1209(c)(3).

    (2) You must submit the following notifications to the Administrator 
if you request or elect to comply with alternative requirements:

[[Page 72]]



------------------------------------------------------------------------
                                        Notification, request, petition,
              Reference                          or application
------------------------------------------------------------------------
63.9(i)..............................  You may request an adjustment to
                                        time periods or postmark
                                        deadlines for submittal and
                                        review of required information.
63.10(e)(3)(ii)......................  You may request to reduce the
                                        frequency of excess emissions
                                        and CMS performance reports.
63.10(f).............................  You may request to waive
                                        recordkeeping or reporting
                                        requirements.
63.1204(d)(2)(iii),                    Notification that you elect to
 63.1220(d)(2)(iii).                    comply with the emission
                                        averaging requirements for
                                        cement kilns with in-line raw
                                        mills.
63.1204(e)(2)(iii),                    Notification that you elect to
 63.1220(e)(2)(iii).                    comply with the emission
                                        averaging requirements for
                                        preheater or preheater/
                                        precalciner kilns with dual
                                        stacks.
63.1206(b)(4), 63.1213, 63.6(i),       You may request an extension of
 63.9(c).                               the compliance date for up to
                                        one year.
63.1206(b)(5)(i)(C)..................  You may request to burn hazardous
                                        waste for more than 720 hours
                                        and for purposes other than
                                        testing or pretesting after
                                        making a change in the design or
                                        operation that could affect
                                        compliance with emission
                                        standards and prior to
                                        submitting a revised
                                        Notification of Compliance.
63.1206(b)(8)(iii)(B)................  If you elect to conduct
                                        particulate matter CEMS
                                        correlation testing and wish to
                                        have federal particulate matter
                                        and opacity standards and
                                        associated operating limits
                                        waived during the testing, you
                                        must notify the Administrator by
                                        submitting the correlation test
                                        plan for review and approval.
63.1206(b)(8)(v).....................  You may request approval to have
                                        the particulate matter and
                                        opacity standards and associated
                                        operating limits and conditions
                                        waived for more than 96 hours
                                        for a correlation test.
63.1206(b)(9)........................  Owners and operators of
                                        lightweight aggregate kilns may
                                        request approval of alternative
                                        emission standards for mercury,
                                        semivolatile metal, low volatile
                                        metal, and hydrogen chloride/
                                        chlorine gas under certain
                                        conditions.
63.1206(b)(10).......................  Owners and operators of cement
                                        kilns may request approval of
                                        alternative emission standards
                                        for mercury, semivolatile metal,
                                        low volatile metal, and hydrogen
                                        chloride/chlorine gas under
                                        certain conditions.
63.1206(b)(14).......................  Owners and operators of
                                        incinerators may elect to comply
                                        with an alternative to the
                                        particulate matter standard.
63.1206(b)(15).......................  Owners and operators of cement
                                        and lightweight aggregate kilns
                                        may request to comply with the
                                        alternative to the interim
                                        standards for mercury.
63.1206(c)(2)(ii)(C).................  You may request to make changes
                                        to the startup, shutdown, and
                                        malfunction plan.
63.1206(c)(5)(i)(C)..................  You may request an alternative
                                        means of control to provide
                                        control of combustion system
                                        leaks.
63.1206(c)(5)(i)(D)..................  You may request other techniques
                                        to prevent fugitive emissions
                                        without use of instantaneous
                                        pressure limits.
63.1207(c)(2)........................  You may request to base initial
                                        compliance on data in lieu of a
                                        comprehensive performance test.
63.1207(d)(3)........................  You may request more than 60 days
                                        to complete a performance test
                                        if additional time is needed for
                                        reasons beyond your control.
63.1207(e)(3), 63.7(h)...............  You may request a time extension
                                        if the Administrator fails to
                                        approve or deny your test plan.
63.1207(h)(2)........................  You may request to waive current
                                        operating parameter limits
                                        during pretesting for more than
                                        720 hours.
63.1207(f)(1)(ii)(D).................  You may request a reduced
                                        hazardous waste feedstream
                                        analysis for organic hazardous
                                        air pollutants if the reduced
                                        analysis continues to be
                                        representative of organic
                                        hazardous air pollutants in your
                                        hazardous waste feedstreams.
63.1207(g)(2)(v).....................  You may request to operate under
                                        a wider operating range for a
                                        parameter during confirmatory
                                        performance testing.
63.1207(i)...........................  You may request up to a one-year
                                        time extension for conducting a
                                        performance test (other than the
                                        initial comprehensive
                                        performance test) to consolidate
                                        testing with other state or
                                        federally-required testing.
63.1207(j)(4)........................  You may request more than 90 days
                                        to submit a Notification of
                                        Compliance after completing a
                                        performance test if additional
                                        time is needed for reasons
                                        beyond your control.
63.1207(l)(3)........................  After failure of a performance
                                        test, you may request to burn
                                        hazardous waste for more than
                                        720 hours and for purposes other
                                        than testing or pretesting.
63.1209(a)(5), 63.8(f)...............  You may request: (1) Approval of
                                        alternative monitoring methods
                                        for compliance with standards
                                        that are monitored with a CEMS;
                                        and (2) approval to use a CEMS
                                        in lieu of operating parameter
                                        limits.
63.1209(g)(1)........................  You may request approval of: (1)
                                        Alternatives to operating
                                        parameter monitoring
                                        requirements, except for
                                        standards that you must monitor
                                        with a continuous emission
                                        monitoring system (CEMS) and
                                        except for requests to use a
                                        CEMS in lieu of operating
                                        parameter limits; or (2) a
                                        waiver of an operating parameter
                                        limit.
63.1209(l)(1)........................  You may request to extrapolate
                                        mercury feedrate limits.
63.1209(n)(2)........................  You may request to extrapolate
                                        semivolatile and low volatile
                                        metal feedrate limits.
63.1211(d)...........................  You may request to use data
                                        compression techniques to record
                                        data on a less frequent basis
                                        than required by Sec.   63.1209.
------------------------------------------------------------------------

    (b) Notification of intent to comply (NIC). These procedures apply 
to sources that have not previously complied with the requirements of 
paragraphs (b) and (c) of this section, and to sources that previously 
complied with the NIC requirements of Sec. Sec.  63.1210 and 63.1212(a), 
which were in effect prior to October 11, 2000, that must make a 
technology change requiring a Class 1 permit modification to meet the 
standards of Sec. Sec.  63.1219, 63.1220, and 63.1221.

[[Page 73]]

    (1) You must prepare a Notification of Intent to Comply that 
includes all of the following information:
    (i) General information:
    (A) The name and address of the owner/operator and the source;
    (B) Whether the source is a major or an area source;
    (C) Waste minimization and emission control technique(s) being 
considered;
    (D) Emission monitoring technique(s) you are considering;
    (E) Waste minimization and emission control technique(s) 
effectiveness;
    (F) A description of the evaluation criteria used or to be used to 
select waste minimization and/or emission control technique(s); and
    (G) A general description of how you intend to comply with the 
emission standards of this subpart.
    (ii) As applicable to each source, information on key activities and 
estimated dates for these activities that will bring the source into 
compliance with emission control requirements of this subpart. You must 
include all of the following key activities and dates in your NIC:
    (A) The dates by which you anticipate you will develop engineering 
designs for emission control systems or process changes for emissions;
    (B) The date by which you anticipate you will commit internal or 
external resources for installing emission control systems or making 
process changes for emission control, or the date by which you will 
issue orders for the purchase of component parts to accomplish emission 
control or process changes.
    (C) The date by which you anticipate you will submit construction 
applications;
    (D) The date by which you anticipate you will initiate on-site 
construction, installation of emission control equipment, or process 
change;
    (E) The date by which you anticipate you will complete on-site 
construction, installation of emission control equipment, or process 
change; and
    (F) The date by which you anticipate you will achieve final 
compliance. The individual dates and milestones listed in paragraphs 
(b)(1)(ii)(A) through (F) of this section as part of the NIC are not 
requirements and therefore are not enforceable deadlines; the 
requirements of paragraphs (b)(1)(ii)(A) through (F) of this section 
must be included as part of the NIC only to inform the public of how you 
intend to comply with the emission standards of this subpart.
    (iii) A summary of the public meeting required under paragraph (c) 
of this section;
    (iv) If you intend to cease burning hazardous waste prior to or on 
the compliance date, the requirements of paragraphs (b)(1)(ii) and 
(b)(1)(iii) of this section do not apply. You must include in your NIC a 
schedule of key dates for the steps to be taken to stop hazardous waste 
activity at your combustion unit. Key dates include the date for 
submittal of RCRA closure documents required under subpart G, part 264 
or subpart G, part 265 of this chapter.
    (2) You must make a draft of the NIC available for public review no 
later than 30 days prior to the public meeting required under paragraph 
(c)(1) of this section or no later than 9 months after the effective 
date of the rule if you intend to cease burning hazardous waste prior to 
or on the compliance date.
    (3) You must submit the final NIC to the Administrator:
    (i) Existing units. No later than one year following the effective 
date of the emission standards of this subpart; or
    (ii) New units. No later than 60 days following the informal public 
meeting.
    (c) NIC public meeting and notice. (1) Prior to the submission of 
the NIC to the permitting agency and:
    (i) Existing units. No later than 10 months after the effective date 
of the emission standards of this subpart, you must hold at least one 
informal meeting with the public to discuss the anticipated activities 
described in the draft NIC for achieving compliance with the emission 
standards of this subpart. You must post a sign-in sheet or otherwise 
provide a voluntary opportunity for attendees to provide their names and 
addresses.
    (ii) New units. No earlier than thirty (30) days following notice of 
the informal public meeting, you must hold at least one informal meeting 
with the

[[Page 74]]

public to discuss the anticipated activities described in the draft NIC 
for achieving compliance with the emission standards of this subpart. 
You must post a sign-in sheet or otherwise provide a voluntary 
opportunity for attendees to provide their names and addresses.
    (2) You must submit a summary of the meeting, along with the list of 
attendees and their addresses developed under paragraph (b)(1) of this 
section, and copies of any written comments or materials submitted at 
the meeting, to the Administrator as part of the final NIC, in 
accordance with paragraph (b)(1)(iii) of this section;
    (3) You must provide public notice of the NIC meeting at least 30 
days prior to the meeting and you must maintain, and provide to the 
Administrator upon request, documentation of the notice. You must 
provide public notice in all of the following forms:
    (i) Newspaper advertisement. You must publish a notice in a 
newspaper of general circulation in the county or equivalent 
jurisdiction of your facility. In addition, you must publish the notice 
in newspapers of general circulation in adjacent counties or equivalent 
jurisdiction where such publication would be necessary to inform the 
affected public. You must publish the notice as a display advertisement.
    (ii) Visible and accessible sign. You must post a notice on a 
clearly marked sign at or near the source. If you place the sign on the 
site of the hazardous waste combustor, the sign must be large enough to 
be readable from the nearest spot where the public would pass by the 
site.
    (iii) Broadcast media announcement. You must broadcast a notice at 
least once on at least one local radio station or television station.
    (iv) Notice to the facility mailing list. You must provide a copy of 
the notice to the facility mailing list in accordance with Sec.  
124.10(c)(1)(ix) of this chapter.
    (4) You must include all of the following in the notices required 
under paragraph (c)(3) of this section:
    (i) The date, time, and location of the meeting;
    (ii) A brief description of the purpose of the meeting;
    (iii) A brief description of the source and proposed operations, 
including the address or a map (e.g., a sketched or copied street map) 
of the source location;
    (iv) A statement encouraging people to contact the source at least 
72 hours before the meeting if they need special access to participate 
in the meeting;
    (v) A statement describing how the draft NIC (and final NIC, if 
requested) can be obtained; and
    (vi) The name, address, and telephone number of a contact person for 
the NIC.
    (5) The requirements of this paragraph do not apply to sources that 
intend to cease burning hazardous waste prior to or on the compliance 
date.
    (d) Notification of compliance. (1) The Notification of Compliance 
status requirements of Sec.  63.9(h) apply, except that:
    (i) The notification is a Notification of Compliance, rather than 
compliance status;
    (ii) The notification is required for the initial comprehensive 
performance test and each subsequent comprehensive and confirmatory 
performance test; and
    (iii) You must postmark the notification before the close of 
business on the 90th day following completion of relevant compliance 
demonstration activity specified in this subpart rather than the 60th 
day as required by Sec.  63.9(h)(2)(ii).
    (2) Upon postmark of the Notification of Compliance, the operating 
parameter limits identified in the Notification of Compliance, as 
applicable, shall be complied with, the limits identified in the 
Documentation of Compliance or a previous Notification of Compliance are 
no longer applicable.
    (3) The Notification of Compliance requirements of Sec.  63.1207(j) 
also apply.

[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63211, Nov. 19, 1999; 
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 67 FR 6992, Feb. 
14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR 18982, Apr. 8, 2008; 73 FR 
64097, Oct. 28, 2008]



Sec.  63.1211  What are the recordkeeping and reporting requirements?

[[Page 75]]

    (a) Summary of reporting requirements. You must submit the following 
reports to the Administrator:

------------------------------------------------------------------------
               Reference                              Report
------------------------------------------------------------------------
63.10(d)(4)............................  Compliance progress reports, if
                                          required as a condition of an
                                          extension of the compliance
                                          date granted under Sec.
                                          63.6(i).
63.10(d)(5)(i).........................  Periodic startup, shutdown, and
                                          malfunction reports.
63.10(d)(5)(ii)........................  Immediate startup, shutdown,
                                          and malfunction reports.
63.10(e)(3)............................  Excessive emissions and
                                          continuous monitoring system
                                          performance report and summary
                                          report.
63.1206(c)(2)(ii)(B)...................  Startup, shutdown, and
                                          malfunction plan.
63.1206(c)(3)(vi)......................  Excessive exceedances reports.
63.1206(c)(4)(iv)......................  Emergency safety vent opening
                                          reports.
------------------------------------------------------------------------

    (b) Summary of recordkeeping requirements. You must retain the 
following in the operating record:

------------------------------------------------------------------------
              Reference                  Document, Data, or Information
------------------------------------------------------------------------
63.1200, 63.10(b) and (c)............  General. Information required to
                                        document and maintain compliance
                                        with the regulations of Subpart
                                        EEE, including data recorded by
                                        continuous monitoring systems
                                        (CMS), and copies of all
                                        notifications, reports, plans,
                                        and other documents submitted to
                                        the Administrator.
63.1204(d)(1)(ii), 63.1220(d)(1)(ii).  Documentation of mode of
                                        operation changes for cement
                                        kilns with in-line raw mills.
63.1204(d)(2)(ii), 63.1220(d)(2)(ii).  Documentation of compliance with
                                        the emission averaging
                                        requirements for cement kilns
                                        with in-line raw mills.
63.1204(e)(2)(ii), 63.1220(e)(2)(ii).  Documentation of compliance with
                                        the emission averaging
                                        requirements for preheater or
                                        preheater/precalciner kilns with
                                        dual stacks.
63.1206(b)(1)(ii)....................  If you elect to comply with all
                                        applicable requirements and
                                        standards promulgated under
                                        authority of the Clean Air Act,
                                        including Sections 112 and 129,
                                        in lieu of the requirements of
                                        Subpart EEE when not burning
                                        hazardous waste, you must
                                        document in the operating record
                                        that you are in compliance with
                                        those requirements.
63.1206(b)(5)(ii)....................  Documentation that a change will
                                        not adversely affect compliance
                                        with the emission standards or
                                        operating requirements.
63.1206(b)(11).......................  Calculation of hazardous waste
                                        residence time.
63.1206(c)(2)........................  Startup, shutdown, and
                                        malfunction plan.
63.1206(c)(2)(v)(A)..................  Documentation of your
                                        investigation and evaluation of
                                        excessive exceedances during
                                        malfunctions.
63.1206(c)(3)(v).....................  Corrective measures for any
                                        automatic waste feed cutoff that
                                        results in an exceedance of an
                                        emission standard or operating
                                        parameter limit.
63.1206(c)(3)(vii)...................  Documentation and results of the
                                        automatic waste feed cutoff
                                        operability testing.
63.1206(c)(4)(ii)....................  Emergency safety vent operating
                                        plan.
63.1206(c)(4)(iii)...................  Corrective measures for any
                                        emergency safety vent opening.
63.1206(c)(5)(ii)....................  Method used for control of
                                        combustion system leaks.
63.1206(c)(6)........................  Operator training and
                                        certification program.
63.1206(c)(7)(i)(D)..................  Operation and maintenance plan.
63.1209(c)(2)........................  Feedstream analysis plan.
63.1209(k)(6)(iii),                    Documentation that a substitute
 63.1209(k)(7)(ii),                     activated carbon, dioxin/furan
 63.1209(k)(9)(ii),                     formation reaction inhibitor, or
 63.1209(o)(4)(iii).                    dry scrubber sorbent will
                                        provide the same level of
                                        control as the original
                                        material.
63.1209(k)(7)(i)(C)..................  Results of carbon bed performance
                                        monitoring.
63.1209(q)...........................  Documentation of changes in modes
                                        of operation.
63.1211(c)...........................  Documentation of compliance.
------------------------------------------------------------------------

    (c) Documentation of compliance. (1) By the compliance date, you 
must develop and include in the operating record a Documentation of 
Compliance. You are not subject to this requirement, however, if you 
submit a Notification of Compliance under Sec.  63.1207(j) prior to the 
compliance date. Upon inclusion of the Documentation of Compliance in 
the operating record, hazardous waste burning incinerators, cement 
kilns, and lightweight aggregate kilns regulated under the interim 
standards of Sec. Sec.  63.1203, 63.1204, and 63.1205 are no longer 
subject to compliance with the previously applicable Notification of 
Compliance.
    (2) The Documentation of Compliance must identify the applicable 
emission standards under this subpart and the limits on the operating 
parameters under Sec.  63.1209 that will ensure compliance with those 
emission standards.
    (3) You must include a signed and dated certification in the 
Documentation of Compliance that:

[[Page 76]]

    (i) Required CEMs and CMS are installed, calibrated, and 
continuously operating in compliance with the requirements of this 
subpart; and
    (ii) Based on an engineering evaluation prepared under your 
direction or supervision in accordance with a system designed to ensure 
that qualified personnel properly gathered and evaluated the information 
and supporting documentation, and considering at a minimum the design, 
operation, and maintenance characteristics of the combustor and 
emissions control equipment, the types, quantities, and characteristics 
of feedstreams, and available emissions data:
    (A) You are in compliance with the emission standards of this 
subpart; and
    (B) The limits on the operating parameters under Sec.  63.1209 
ensure compliance with the emission standards of this subpart.
    (4) You must comply with the emission standards and operating 
parameter limits specified in the Documentation of Compliance.
    (d) Data compression. You may submit a written request to the 
Administrator for approval to use data compression techniques to record 
data from CMS, including CEMS, on a frequency less than that required by 
Sec.  63.1209. You must submit the request for review and approval as 
part of the comprehensive performance test plan.
    (1) You must record a data value at least once each ten minutes.
    (2) For each CEMS or operating parameter for which you request to 
use data compression techniques, you must recommend:
    (i) A fluctuation limit that defines the maximum permissible 
deviation of a new data value from a previously generated value without 
requiring you to revert to recording each one-minute value.
    (A) If you exceed a fluctuation limit, you must record each one-
minute value for a period of time not less than ten minutes.
    (B) If neither the fluctuation limit nor the data compression limit 
are exceeded during that period of time, you may reinitiate recording 
data values on a frequency of at least once each ten minutes; and
    (ii) A data compression limit defined as the closest level to an 
operating parameter limit or emission standard at which reduced data 
recording is allowed.
    (A) Within this level and the operating parameter limit or emission 
standard, you must record each one-minute average.
    (B) The data compression limit should reflect a level at which you 
are unlikely to exceed the specific operating parameter limit or 
emission standard, considering its averaging period, with the addition 
of a new one-minute average.

[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63212, Nov. 19, 1999; 
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July 
3, 2001; 67 FR 6993, Feb. 14, 2002; 70 FR 59554, Oct. 12, 2005]

                                  Other



Sec.  63.1212  What are the other requirements pertaining to the NIC?

    (a) Certification of intent to comply. The Notice of Intent to 
Comply (NIC) must contain the following certification signed and dated 
by a responsible official as defined under Sec.  63.2 of this chapter: I 
certify under penalty of law that I have personally examined and am 
familiar with the information submitted in this document and all 
attachments and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the information is true, accurate, and complete. I am aware that there 
are significant penalties for submitting false information, including 
the possibility of fine and imprisonment.
    (b) New units. Any source that files a RCRA permit application or 
permit modification request for construction of a hazardous waste 
combustion unit after October 12, 2005 must:
    (1) Prepare a draft NIC pursuant to Sec.  63.1210(b) and make it 
available to the public upon issuance of the notice of public meeting 
pursuant to Sec.  63.1210(c)(3);
    (2) Prepare a draft comprehensive performance test plan pursuant to 
the requirements of Sec.  63.1207 and make it available for public 
review upon

[[Page 77]]

issuance of the notice of NIC public meeting;
    (3) Provide notice to the public of a pre-application meeting 
pursuant to Sec.  124.31 of this chapter or notice to the public of a 
permit modification request pursuant to Sec.  270.42 of this chapter;
    (4) Hold an informal public meeting [pursuant to Sec.  63.1210(c)(1) 
and (c)(2)] no earlier than 30 days following notice of the NIC public 
meeting and notice of the pre-application meeting or notice of the 
permit modification request to discuss anticipated activities described 
in the draft NIC and pre-application or permit modification request for 
achieving compliance with the emission standards of this subpart; and
    (5) Submit a final NIC pursuant to Sec.  63.1210(b)(3).
    (c) Information Repository specific to new combustion units. (1) Any 
source that files a RCRA permit application or modification request for 
construction of a new hazardous waste combustion unit after October 12, 
2005 may be required to establish an information repository if deemed 
appropriate.
    (2) The Administrator may assess the need, on a case-by-case basis 
for an information repository. When assessing the need for a repository, 
the Administrator shall consider the level of public interest, the 
presence of an existing repository, and any information available via 
the New Source Review and Title V permit processes. If the Administrator 
determines a need for a repository, then the Administrator shall notify 
the facility that it must establish and maintain an information 
repository.
    (3) The information repository shall contain all documents, reports, 
data, and information deemed necessary by the Administrator. The 
Administrator shall have the discretion to limit the contents of the 
repository.
    (4) The information repository shall be located and maintained at a 
site chosen by the source. If the Administrator finds the site 
unsuitable for the purposes and persons for which it was established, 
due to problems with location, hours of availability, access, or other 
relevant considerations, then the Administrator shall specify a more 
appropriate site.
    (5) The Administrator shall require the source to provide a written 
notice about the information repository to all individuals on the source 
mailing list.
    (6) The source shall be responsible for maintaining and updating the 
repository with appropriate information throughout a period specified by 
the Administrator. The Administrator may close the repository at his or 
her discretion based on the considerations in paragraph (c)(2) of this 
section.

[70 FR 59555, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008]



Sec.  63.1213  How can the compliance date be extended to install
pollution prevention or waste minimization controls?

    (a) Applicability. You may request from the Administrator or State 
with an approved Title V program an extension of the compliance date of 
up to one year. An extension may be granted if you can reasonably 
document that the installation of pollution prevention or waste 
minimization measures will significantly reduce the amount and/or 
toxicity of hazardous wastes entering the feedstream(s) of the hazardous 
waste combustor(s), and that you could not install the necessary control 
measures and comply with the emission standards and operating 
requirements of this subpart by the compliance date.
    (b) Requirements for requesting an extension. (1) You must make your 
requests for an (up to) one-year extension in writing in accordance with 
Sec.  63.6(i)(4)(B) and (C). The request must contain the following 
information:
    (i) A description of pollution prevention or waste minimization 
controls that, when installed, will significantly reduce the amount and/
or toxicity of hazardous wastes entering the feedstream(s) of the 
hazardous waste combustor(s). Pollution prevention or waste minimization 
measures may include: equipment or technology modifications, 
reformulation or redesign of products, substitution of raw materials, 
improvements in work practices, maintenance, training, inventory 
control, or recycling practices conducted as defined in Sec.  261.1(c) 
of this chapter;

[[Page 78]]

    (ii) A description of other pollution controls to be installed that 
are necessary to comply with the emission standards and operating 
requirements;
    (iii) A reduction goal or estimate of the annual reductions in 
quantity and/or toxicity of hazardous waste(s) entering combustion 
feedstream(s) that you will achieve by installing the proposed pollution 
prevention or waste minimization measures;
    (iv) A comparison of reductions in the amounts and/or toxicity of 
hazardous wastes combusted after installation of pollution prevention or 
waste minimization measures to the amounts and/or toxicity of hazardous 
wastes combusted prior to the installation of these measures. If the 
difference is less than a fifteen percent reduction, include a 
comparison to pollution prevention and waste minimization reductions 
recorded during the previous five years;
    (v) Reasonable documentation that installation of the pollution 
prevention or waste minimization changes will not result in a net 
increase (except for documented increases in production) of hazardous 
constituents released to the environment through other emissions, wastes 
or effluents;
    (vi) Reasonable documentation that the design and installation of 
waste minimization and other measures that are necessary for compliance 
with the emission standards and operating requirements of this subpart 
cannot otherwise be installed within the three year compliance period, 
and
    (vii) The information required in Sec.  63.6(i)(6)(i)(B) through 
(D).
    (2) You may enclose documentation prepared under an existing State-
required pollution prevention program that contains the information 
prescribed in paragraph (b) of this section with a request for extension 
in lieu of complying with the time extension requirements of that 
paragraph.
    (c) Approval of request for extension of compliance date. Based on 
the information provided in any request made under paragraph (a) of this 
section, the Administrator or State with an approved title V program may 
grant an extension of the compliance date of this subpart. The extension 
will be in writing in accordance with Sec. Sec.  63.6(i)(10)(i) through 
63.6(i)(10)(v)(A).

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 6994, Feb. 14, 2002; 67 
FR 77691, Dec. 19, 2002]



Sec.  63.1214  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec.  63.1200, 
63.1203, 63.1204, 63.1205, 63.1206(a), 63.1215, 63.1216, 63.1217, 
63.1218, 63.1219, 63.1220, and 63.1221.
    (2) Approval of major alternatives to test methods under Sec. Sec.  
63.7(e)(2)(ii) and (f), 63.1208(b), and 63.1209(a)(1), as defined under 
Sec.  63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. Sec.  
63.8(f) and 63.1209(a)(5), as defined under Sec.  63.90, and as required 
in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. Sec.  63.10(f) and 63.1211(a) through (c), as defined under 
Sec.  63.90, and as required in this subpart.

[68 FR 37356, June 23, 2003, as amended at 70 FR 59555, Oct. 12, 2005]

[[Page 79]]



Sec.  63.1215  What are the health-based compliance alternatives for
total chlorine?

    (a) General--(1) Overview. You may establish and comply with health-
based compliance alternatives for total chlorine under the procedures 
prescribed in this section for your hazardous waste combustors other 
than hydrochloric acid production furnaces. You may comply with these 
health-based compliance alternatives in lieu of the emission standards 
for total chlorine provided under Sec. Sec.  63.1216, 63.1217, 63.1219, 
63.1220, and 63.1221. To identify and comply with the limits, you must:
    (i) Identify a total chlorine emission concentration (ppmv) 
expressed as chloride (Cl(-)) equivalent for each on site hazardous 
waste combustor. You may select total chlorine emission concentrations 
as you choose to demonstrate eligibility for the risk-based limits under 
this section, except as provided by paragraph (b)(7) of this section;
    (ii) Apportion the total chlorine emission concentration between HCl 
and Cl2 according to paragraph (b)(6)(i) of this section, and 
calculate HCl and Cl2 emission rates (lb/hr) using the gas 
flowrate and other parameters from the most recent regulatory compliance 
test.
    (iii) Calculate the annual average HCl-equivalent emission rate as 
prescribed in paragraph (b)(2) of this section.
    (iv) Perform an eligibility demonstration to determine if your HCl-
equivalent emission rate meets the national exposure standard and thus 
is below the annual average HCl-equivalent emission rate limit, as 
prescribed by paragraph (c) of this section;
    (v) Submit your eligibility demonstration for review and approval, 
as prescribed by paragraph (e) of this section, which must include 
information to ensure that the 1-hour average HCl-equivalent emission 
rate limit is not exceeded, as prescribed by paragraph (d) of this 
section;
    (vi) Demonstrate compliance with the annual average HCl-equivalent 
emission rate limit during the comprehensive performance test, as 
prescribed by the testing and monitoring requirements under paragraph 
(e) of this section;
    (vii) Comply with compliance monitoring requirements, including 
establishing feedrate limits on total chlorine and chloride, and 
operating parameter limits on emission control equipment, as prescribed 
by paragraph (f) of this section; and
    (viii) Comply with the requirements for changes, as prescribed by 
paragraph (h) of this section.
    (2) Definitions. In addition to the definitions under Sec.  63.1201, 
the following definitions apply to this section:
    1-Hour Average HCl-Equivalent Emission Rate means the HCl-equivalent 
emission rate (lb/hr) determined by equating the toxicity of chlorine to 
HCl using aRELs as the health risk metric for acute exposure.
    1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to HCl using aRELs as the health risk metric for acute exposure 
and which ensures that maximum 1-hour average ambient concentrations of 
HCl-equivalents do not exceed a Hazard Index of 1.0, rounded to the 
nearest tenths decimal place (0.1), at an off-site receptor location.
    Acute Reference Exposure Level (aREL) means health thresholds below 
which there would be no adverse health effects for greater than once in 
a lifetime exposures of one hour. ARELs are developed by the California 
Office of Health Hazard Assessment and are available at http://
www.oehha.ca.gov/air/acute_rels/acuterel.html.
    Annual Average HCl-Equivalent Emission Rate means the HCl-equivalent 
emission rate (lb/hr) determined by equating the toxicity of chlorine to 
HCl using RfCs as the health risk metric for long-term exposure.
    Annual Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to HCl using RfCs as the health risk metric for long-term 
exposure and which ensures that maximum annual average ambient 
concentrations of HCl equivalents do not exceed a Hazard Index of

[[Page 80]]

1.0, rounded to the nearest tenths decimal place (0.1), at an off-site 
receptor location.
    Hazard Index (HI) means the sum of more than one Hazard Quotient for 
multiple substances and/or multiple exposure pathways. In this section, 
the Hazard Index is the sum of the Hazard Quotients for HCl and 
chlorine.
    Hazard Quotient (HQ) means the ratio of the predicted media 
concentration of a pollutant to the media concentration at which no 
adverse effects are expected. For chronic inhalation exposures, the HQ 
is calculated under this section as the air concentration divided by the 
RfC. For acute inhalation exposures, the HQ is calculated under this 
section as the air concentration divided by the aREL.
    Look-up table analysis means a risk screening analysis based on 
comparing the HCl-equivalent emission rate from the affected source to 
the appropriate HCl-equivalent emission rate limit specified in Tables 1 
through 4 of this section.
    Reference Concentration (RfC) means an estimate (with uncertainty 
spanning perhaps an order of magnitude) of a continuous inhalation 
exposure to the human population (including sensitive subgroups) that is 
likely to be without an appreciable risk of deleterious effects during a 
lifetime. It can be derived from various types of human or animal data, 
with uncertainty factors generally applied to reflect limitations of the 
data used.
    (b) HCl-equivalent emission rates. (1) You must express total 
chlorine emission rates for each hazardous waste combustor as HCl-
equivalent emission rates.
    (2) Annual average rates. You must calculate annual average 
toxicity-weighted HCl-equivalent emission rates for each combustor as 
follows:

ERLTtw = ERHCl + ERCl2 x 
(RfCHCl/RfCCl2)

Where:

ERLTtw is the annual average HCl toxicity-weighted emission 
          rate (HCl-equivalent emission rate) considering long-term 
          exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine

    (3) 1-hour average rates. You must calculate 1-hour average 
toxicity-weighted HCl-equivalent emission rates for each combustor as 
follows:

ERSTtw = ERHCl + ERCl2 x 
(aRELHCl/aRELCl2)

Where:

ERSTtw is the 1-hour average HCl-toxicity-weighted emission 
          rate (HCl-equivalent emission rate) considering 1-hour (short-
          term) exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the aREL for HCl
aRELCl2 is the aREL for chlorine

    (4) You must use the RfC values for hydrogen chloride and chlorine 
found at http://epa.gov/ttn/atw/toxsource/ summary.html.
    (5) You must use the aREL values for hydrogen chloride and chlorine 
found at http://www.oehha.ca.gov/air/ acute_rels/acuterel.html.
    (6) Cl2HCl ratios--(i) Ratio for calculating annual 
average HCl-equivalent emission rates. (A) To calculate the annual 
average HCl-equivalent emission rate (lb/hr) for each combustor, you 
must apportion the total chlorine emission concentration (ppmv chloride 
(Cl(-)) equivalent) between HCl and chlorine according to the 
historical average Cl2/HCl volumetric ratio for all 
regulatory compliance tests.
    (B) You must calculate HCl and Cl2 emission rates (lb/hr) 
using the apportioned emission concentrations and the gas flowrate and 
other parameters from the most recent regulatory compliance test.
    (C) You must calculate the annual average HCl-equivalent emission 
rate using these HCl and Cl2 emission rates and the equation 
in paragraph (b)(2) of this section.
    (ii) Ratio for calculating 1-hour average HCl-equivalent emission 
rates. (A) To calculate the 1-hour average HCl-equivalent emission rate 
for each combustor as a criterion for you to determine under paragraph 
(d) of this section if an hourly rolling average feedrate limit on total 
chlorine and chloride may be waived, you must apportion the total 
chlorine emission concentration

[[Page 81]]

(ppmv chloride (Cl(-)) equivalent) between HCl and chlorine 
according to the historical highest Cl2/HCl volumetric ratio 
for all regulatory compliance tests.
    (B) You must calculate HCl and Cl2 emission rates (lb/hr) 
using the apportioned emission concentrations and the gas flowrate and 
other parameters from the most recent regulatory compliance test.
    (C) You must calculate the 1-hour average HCl-equivalent emission 
rate using these HCl and Cl2 emission rates and the equation 
in paragraph (b)(3) of this section.
    (iii) Ratios for new sources. (A) You must use engineering 
information to estimate the Cl2/HCl volumetric ratio for a 
new source for the initial eligibility demonstration.
    (B) You must use the Cl2/HCl volumetric ratio 
demonstrated during the initial comprehensive performance test to 
demonstrate in the Notification of Compliance that your HCl-equivalent 
emission rate does not exceed your HCl-equivalent emission rate limit.
    (C) When approving the test plan for the initial comprehensive 
performance test, the permitting authority will establish a periodic 
testing requirement, such as every 3 months for 1 year, to establish a 
record of representative Cl2/HCl volumetric ratios.
    (1) You must revise your HCl-equivalent emission rates and HCl-
equivalent emission rate limits after each such test using the 
procedures prescribed in paragraphs (b)(6)(i) and (ii) of this section.
    (2) If you no longer are eligible for the health-based compliance 
alternative, you must notify the permitting authority immediately and 
either:
    (i) Submit a revised eligibility demonstration requesting lower HCl-
equivalent emission rate limits, establishing lower HCl-equivalent 
emission rates, and establishing by downward extrapolation lower 
feedrate limits for total chlorine and chloride; or
    (ii) Request a compliance schedule of up to three years to 
demonstrate compliance with the emission standards under Sec. Sec.  
63.1216, 63.1217, 63.1219, 63.1220, and 63.1221.
    (iv) Unrepresentative or inadequate historical Cl2/HCl 
volumetric ratios. (A) If you believe that the Cl2/HCl 
volumetric ratio for one or more historical regulatory compliance tests 
is not representative of the current ratio, you may request that the 
permitting authority allow you to screen those ratios from the analysis 
of historical ratios.
    (B) If the permitting authority believes that too few historical 
ratios are available to calculate a representative average ratio or 
establish a maximum ratio, the permitting authority may require you to 
conduct periodic testing to establish representative ratios.
    (v) Updating Cl2/HCl ratios. You must include the 
Cl2/HCl volumetric ratio demonstrated during each performance 
test in your data base of historical Cl2/HCl ratios to update the ratios 
you establish under paragraphs (b)(6)(i) and (ii) of this section for 
subsequent calculations of the annual average and 1-hour average HCl-
equivalent emission rates.
    (7) Emission rates are capped. The hydrogen chloride and chlorine 
emission rates you use to calculate the HCl-equivalent emission rate 
limit for incinerators, cement kilns, and lightweight aggregate kilns 
must not result in total chlorine emission concentrations exceeding:
    (i) For incinerators that were existing sources on April 19, 1996: 
77 parts per million by volume, combined emissions, expressed as 
chloride (Cl(-)) equivalent, dry basis and corrected to 7 
percent oxygen;
    (ii) For incinerators that are new or reconstructed sources after 
April 19, 1996: 21 parts per million by volume, combined emissions, 
expressed as chloride (Cl(-)) equivalent, dry basis and 
corrected to 7 percent oxygen;
    (iii) For cement kilns that were existing sources on April 19, 1996: 
130 parts per million by volume, combined emissions, expressed as 
chloride (Cl(-)) equivalent, dry basis and corrected to 7 
percent oxygen;
    (iv) For cement kilns that are new or reconstructed sources after 
April 19, 1996: 86 parts per million by volume, combined emissions, 
expressed as chloride (Cl(-)) equivalent, dry basis and 
corrected to 7 percent oxygen;
    (v) For lightweight aggregate kilns that were existing sources on 
April 19,

[[Page 82]]

1996: 600 parts per million by volume, combined emissions, expressed as 
chloride (Cl(-)) equivalent, dry basis and corrected to 7 
percent oxygen;
    (vi) For lightweight aggregate kilns that are new or reconstructed 
sources after April 19, 1996: 600 parts per million by volume, combined 
emissions, expressed as chloride (Cl(-)) equivalent, dry 
basis and corrected to 7 percent oxygen.
    (c) Eligibility demonstration--(1) General. (i) You must perform an 
eligibility demonstration to determine whether the total chlorine 
emission rates you select for each on-site hazardous waste combustor 
meet the national exposure standards using either a look-up table 
analysis prescribed by paragraph (c)(3) of this section, or a site-
specific compliance demonstration prescribed by paragraph (c)(4) of this 
section.
    (ii) You must also determine in your eligibility demonstration 
whether each combustor may exceed the 1-hour HCl-equivalent emission 
rate limit absent an hourly rolling average limit on the feedrate of 
total chlorine and chloride, as provided by paragraph (d) of this 
section.
    (2) Definition of eligibility. (i) Eligibility for the risk-based 
total chlorine standard is determined by comparing the annual average 
HCl-equivalent emission rate for the total chlorine emission rate you 
select for each combustor to the annual average HCl-equivalent emission 
rate limit.
    (ii) The annual average HCl-equivalent emission rate limit ensures 
that the Hazard Index for chronic exposure from HCl and chlorine 
emissions from all on-site hazardous waste combustors is less than or 
equal to 1.0, rounded to the nearest tenths decimal place (0.1), for the 
actual individual most exposed to the facility's emissions, considering 
off-site locations where people reside and where people congregate for 
work, school, or recreation.
    (iii) Your facility is eligible for the health-based compliance 
alternative for total chlorine if either:
    (A) The annual average HCl-equivalent emission rate for each on-site 
hazardous waste combustor is below the appropriate value in the look-up 
table determined under paragraph (c)(3) of this section; or
    (B) The annual average HCl-equivalent emission rate for each on-site 
hazardous waste combustor is below the annual average HCl-equivalent 
emission rate limit you calculate based on a site-specific compliance 
demonstration under paragraph (c)(4) of this section.
    (3) Look-up table analysis. Look-up tables for the eligibility 
demonstration are provided as Tables 1 and 2 to this section.
    (i) Table 1 presents annual average HCl-equivalent emission rate 
limits for sources located in flat terrain. For purposes of this 
analysis, flat terrain is terrain that rises to a level not exceeding 
one half the stack height within a distance of 50 stack heights.
    (ii) Table 2 presents annual average HCl-equivalent emission rate 
limits for sources located in simple elevated terrain. For purposes of 
this analysis, simple elevated terrain is terrain that rises to a level 
exceeding one half the stack height, but that does not exceed the stack 
height, within a distance of 50 stack heights.
    (iii) To determine the annual average HCl-equivalent emission rate 
limit for a source from the look-up table, you must use the stack height 
and stack diameter for your hazardous waste combustors and the distance 
between the stack and the property boundary.
    (iv) If any of these values for stack height, stack diameter, and 
distance to nearest property boundary do not match the exact values in 
the look-up table, you must use the next lowest table value.
    (v) Adjusted HCl-equivalent emission rate limit for multiple on-site 
combustors. (A) If you have more than one hazardous waste combustor on 
site, the sum across all hazardous waste combustors of the ratio of the 
adjusted HCl-equivalent emission rate limit to the HCl-equivalent 
emission rate limit provided by Tables 1 or 2 cannot exceed 1.0, 
according to the following equation:

[[Page 83]]

[GRAPHIC] [TIFF OMITTED] TR12OC05.003

Where:

i = number of on-site hazardous waste combustors;
HCl-Equivalent Emission Rate Limit Adjustedi means the 
          apportioned, allowable HCl-equivalent emission rate limit for 
          combustor i, and
HCl-Equivalent Emission Rate Limit Tablei means the HCl-
          equivalent emission rate limit from Table 1 or 2 to Sec.  
          63.1215 for combustor i.

    (B) The adjusted HCl-equivalent emission rate limit becomes the HCl-
equivalent emission rate limit.
    (4) Site-specific compliance demonstration. (i) You may use any 
scientifically-accepted peer-reviewed risk assessment methodology for 
your site-specific compliance demonstration to calculate an annual 
average HCl-equivalent emission rate limit for each on-site hazardous 
waste combustor. An example of one approach for performing the 
demonstration for air toxics can be found in the EPA's ``Air Toxics Risk 
Assessment Reference Library, Volume 2, Site-Specific Risk Assessment 
Technical Resource Document,'' which may be obtained through the EPA's 
Air Toxics Web site at http://www.epa.gov/ttn/fera/risk_atra_main.html.
    (ii) The annual average HCl-equivalent emission rate limit is the 
HCl-equivalent emission rate that ensures that the Hazard Index 
associated with maximum annual average exposures is not greater than 1.0 
rounded to the nearest tenths decimal place (0.1).
    (iii) To determine the annual average HCl-equivalent emission rate 
limit, your site-specific compliance demonstration must, at a minimum:
    (A) Estimate long-term inhalation exposures through the estimation 
of annual or multi-year average ambient concentrations;
    (B) Estimate the inhalation exposure for the actual individual most 
exposed to the facility's emissions from hazardous waste combustors, 
considering off-site locations where people reside and where people 
congregate for work, school, or recreation;
    (C) Use site-specific, quality-assured data wherever possible;
    (D) Use health-protective default assumptions wherever site-specific 
data are not available, and:
    (E) Contain adequate documentation of the data and methods used for 
the assessment so that it is transparent and can be reproduced by an 
experienced risk assessor and emissions measurement expert.
    (iv) Your site-specific compliance demonstration need not:
    (A) Assume any attenuation of exposure concentrations due to the 
penetration of outdoor pollutants into indoor exposure areas;
    (B) Assume any reaction or deposition of the emitted pollutants 
during transport from the emission point to the point of exposure.
    (d) Assurance that the 1-hour HCl-equivalent emission rate limit 
will not be exceeded. To ensure that the 1-hour HCl-equivalent emission 
rate limit will not be exceeded when complying with the annual average 
HCl-equivalent emission rate limit, you must establish a 1-hour average 
HCl-equivalent emission rate for each combustor, establish a 1-hour 
average HCl-equivalent emission rate limit for each combustor, and 
consider site-specific factors including prescribed criteria to 
determine if the 1-hour average HCl-equivalent emission rate limit may 
be exceeded absent an hourly rolling average limit on the feedrate of 
total chlorine and chloride. If the 1-hour average HCl-equivalent 
emission rate limit may be exceeded, you must establish an hourly 
rolling average feedrate limit on total chlorine as provided by 
paragraph (f)(3) of this section.
    (1) 1-hour average HCl-equivalent emission rate. You must calculate 
the 1-hour average HCl-equivalent emission rate from the total chlorine 
emission concentration you select for each source as prescribed in 
paragraph (b)(6)(ii)(C) of this section.
    (2) 1-hour average HCl-equivalent emission rate limit. You must 
establish the

[[Page 84]]

1-hour average HCl-equivalent emission rate limit for each affected 
source using either a look-up table analysis or site-specific analysis:
    (i) Look-up table analysis. Look-up tables are provided for 1-hour 
average HCl-equivalent emission rate limits as Table 3 and Table 4 to 
this section. Table 3 provides limits for facilities located in flat 
terrain. Table 4 provides limits for facilities located in simple 
elevated terrain. You must use the Tables to establish 1-hour average 
HCl-equivalent emission rate limits as prescribed in paragraphs 
(c)(3)(iii) through (c)(3)(v) of this section for annual average HCl-
equivalent emission rate limits.
    (ii) Site-specific analysis. The 1-hour average HCl-equivalent 
emission rate limit is the HCl-equivalent emission rate that ensures 
that the Hazard Index associated with maximum 1-hour average exposures 
is not greater than 1.0 rounded to the nearest tenths decimal place 
(0.1). You must follow the risk assessment procedures under paragraph 
(c)(4) of this section to estimate short-term inhalation exposures 
through the estimation of maximum 1-hour average ambient concentrations.
    (3) Criteria for determining whether the 1-hour HCl-equivalent 
emission rate may be exceeded absent an hourly rolling average limit on 
the feedrate of total chlorine and chloride. An hourly rolling average 
feedrate limit on total chlorine and chloride is waived if you determine 
considering the criteria listed below that the long-term feedrate limit 
(and averaging period) established under paragraph (c)(4)(i) of this 
section will also ensure that the 1-hour average HCl-equivalent emission 
rate will not exceed the 1-hour average HCl-equivalent emission rate 
limit you calculate for each combustor.
    (i) The ratio of the 1-hour average HCl-equivalent emission rate 
based on the total chlorine emission rate you select for each hazardous 
waste combustor to the 1-hour average HCl-equivalent emission rate limit 
for the combustor; and
    (ii) The potential for the source to vary total chlorine and 
chloride feedrates substantially over the averaging period for the 
feedrate limit established under paragraph (c)(4)(i) of this section.
    (e) Review and approval of eligibility demonstrations--(1) Content 
of the eligibility demonstration--(i) General. The eligibility 
demonstration must include the following information, at a minimum:
    (A) Identification of each hazardous waste combustor combustion gas 
emission point (e.g., generally, the flue gas stack);
    (B) The maximum and average capacity at which each combustor will 
operate, and the maximum rated capacity for each combustor, using the 
metric of stack gas volume (under both actual and standard conditions) 
emitted per unit of time, as well as any other metric that is 
appropriate for the combustor (e.g., million Btu/hr heat input for 
boilers; tons of dry raw material feed/hour for cement kilns);
    (C) Stack parameters for each combustor, including, but not limited 
to stack height, stack diameter, stack gas temperature, and stack gas 
exit velocity;
    (D) Plot plan showing all stack emission points, nearby residences 
and property boundary line;
    (E) Identification of any stack gas control devices used to reduce 
emissions from each combustor;
    (F) Identification of the RfC values used to calculate annual 
average HCl-equivalent emission rates and the aREL values used to 
calculate 1-hour average HCl-equivalent emission rates;
    (G) Calculations used to determine the annual average and 1-hour 
average HCl-equivalent emission rates and rate limits, including 
calculation of the Cl2/HCl ratios as prescribed by paragraph 
(b)(6) of this section;
    (ii) Additional content to implement the annual average HCl-
equivalent emission rate limit. You must include the following in your 
eligibility demonstration to implement the annual average HCl-equivalent 
emission rate limit:
    (A) For incinerators, cement kilns, and lightweight aggregate kilns, 
calculations to confirm that the annual average HCl-equivalent emission 
rate that you calculate from the total chlorine emission rate you select 
for each combustor does not exceed the limits

[[Page 85]]

provided by paragraph (b)(7) of this section;
    (B) Comparison of the annual average HCl-equivalent emission rate 
limit for each combustor to the annual average HCl-equivalent emission 
rate for the total chlorine emission rate you select for each combustor;
    (C) The annual average HCl-equivalent emission rate limit for each 
hazardous waste combustor, and the limits on operating parameters 
required under paragraph (g)(1) of this section;
    (D) Determination of the long-term chlorine feedrate limit, 
including the total chlorine system removal efficiency for sources that 
establish an (up to) annual rolling average feedrate limit under 
paragraph (g)(2)(ii) of this section;
    (iii) Additional content to implement the 1-hour average HCl-
equivalent emission rate limit. You must include the following in your 
eligibility demonstration to implement the 1-hour average HCl-equivalent 
emission rate limit:
    (A) Determination of whether the combustor may exceed the 1-hour 
HCl-equivalent emission rate limit absent an hourly rolling average 
chlorine feedrate limit, including:
    (1) Determination of the 1-hour average HCl-equivalent emission rate 
from the total chlorine emission rate you select for the combustor;
    (2) Determination of the 1-hour average HCl-equivalent emission rate 
limit using either look-up Tables 3 and 4 to this section or site-
specific risk analysis;
    (3) Determination of the ratio of the 1-hour average HCl-equivalent 
emission rate to the 1-hour average HCl-equivalent emission rate limit 
for the combustor; and
    (4) The potential for the source to vary total chlorine and chloride 
feedrates substantially over the averaging period for the long-term 
feedrate limit established under paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section; and
    (B) Determination of the hourly rolling average chlorine feedrate 
limit, including the total chlorine system removal efficiency.
    (iv) Additional content of a look-up table demonstration. If you use 
the look-up table analysis to establish HCl-equivalent emission rate 
limits, your eligibility demonstration must also contain, at a minimum, 
the following:
    (A) Documentation that the facility is located in either flat or 
simple elevated terrain; and
    (B) For facilities with more than one on-site hazardous waste 
combustor, documentation that the sum of the ratios for all such 
combustors of the HCl-equivalent emission rate to the HCl-equivalent 
emission rate limit does not exceed 1.0.
    (v) Additional content of a site-specific compliance demonstration. 
If you use a site-specific compliance demonstration, your eligibility 
demonstration must also contain, at a minimum, the following information 
to support your determination of the annual average HCl-equivalent 
emission rate limit for each combustor:
    (A) Identification of the risk assessment methodology used;
    (B) Documentation of the fate and transport model used;
    (C) Documentation of the fate and transport model inputs, including 
the stack parameters listed in paragraph (d)(1)(i)(C) of this section 
converted to the dimensions required for the model;
    (D) As applicable:
    (1) Meteorological data;
    (2) Building, land use, and terrain data;
    (3) Receptor locations and population data, including areas where 
people congregate for work, school, or recreation; and
    (4) Other facility-specific parameters input into the model;
    (E) Documentation of the fate and transport model outputs; and
    (F) Documentation of any exposure assessment and risk 
characterization calculations.
    (2) Review and approval--(i) Existing sources. (A) If you operate an 
existing source, you must submit the eligibility demonstration to your 
permitting authority for review and approval not later than 12 months 
prior to the compliance date. You must also submit a separate copy of 
the eligibility demonstration to: U.S. EPA, Risk and Exposure Assessment 
Group, Emission Standards Division (C404-01), Attn: Group Leader, 
Research Triangle Park,

[[Page 86]]

North Carolina 27711, electronic mail address [email protected].
    (B) Your permitting authority should notify you of approval or 
intent to disapprove your eligibility demonstration within 6 months 
after receipt of the original demonstration, and within 3 months after 
receipt of any supplemental information that you submit. A notice of 
intent to disapprove your eligibility demonstration, whether before or 
after the compliance date, will identify incomplete or inaccurate 
information or noncompliance with prescribed procedures and specify how 
much time you will have to submit additional information or to achieve 
the MACT standards for total chlorine under Sec. Sec.  63.1216, 63.1217, 
63.1219, 63.1220, and 63.1221. If your eligibility demonstration is 
disapproved, the permitting authority may extend the compliance date of 
the total chlorine standards up to one year to allow you to make changes 
to the design or operation of the combustor or related systems as 
quickly as practicable to enable you to achieve compliance with the MACT 
total chlorine standards.
    (C) If your permitting authority has not approved your eligibility 
demonstration by the compliance date, and has not issued a notice of 
intent to disapprove your demonstration, you may begin complying, on the 
compliance date, with the HCl-equivalent emission rate limits you 
present in your eligibility demonstration provided that you have made a 
good faith effort to provide complete and accurate information and to 
respond to any requests for additional information in a timely manner. 
If the permitting authority believes that you have not made a good faith 
effort to provide complete and accurate information or to respond to any 
requests for additional information, however, the authority may notify 
you in writing by the compliance date that you have not met the 
conditions for complying with the health-based compliance alternative 
without prior approval. Such notice will explain the basis for 
concluding that you have not made a good faith effort to comply with the 
health-based compliance alternative by the compliance date.
    (D) If your permitting authority issues a notice of intent to 
disapprove your eligibility demonstration after the compliance date, the 
authority will identify the basis for that notice and specify how much 
time you will have to submit additional information or to comply with 
the MACT standards for total chlorine under Sec. Sec.  63.1216, 63.1217, 
63.1219, 63.1220, and 63.1221. The permitting authority may extend the 
compliance date of the total chlorine standards up to one-year to allow 
you to make changes to the design or operation of the combustor or 
related systems as quickly as practicable to enable you to achieve 
compliance with the MACT standards for total chlorine.
    (ii) New or reconstructed sources--(A) General. The procedures for 
review and approval of eligibility demonstrations applicable to existing 
sources under paragraph (e)(2)(i) of this section also apply to new or 
reconstructed sources, except that the date you must submit the 
eligibility demonstration is as prescribed in this paragraph (e)(2)(ii).
    (B) If you operate a new or reconstructed source that starts up 
before April 12, 2007, or a solid fuel boiler or liquid fuel boiler that 
is an area source that increases its emissions or its potential to emit 
such that it becomes a major source of HAP before April 12, 2007, you 
must either:
    (1) Comply with the final total chlorine emission standards under 
Sec. Sec.  63.1216, 63.1217, 63.1219, 63.1220, and 63.1221, by October 
12, 2005, or upon startup, whichever is later, except for a standard 
that is more stringent than the standard proposed on April 20, 2004 for 
your source. If a final standard is more stringent than the proposed 
standard, you may comply with the proposed standard until October 14, 
2008, after which you must comply with the final standard; or
    (2) Submit an eligibility demonstration for review and approval 
under this section by April 12, 2006, and comply with the HCl-equivalent 
emission rate limits and operating requirements you establish in the 
eligibility demonstration.
    (C) If you operate a new or reconstructed source that starts up on 
or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler 
that is an area

[[Page 87]]

source that increases its emissions or its potential to emit such that 
it becomes a major source of HAP on or after April 12, 2007, you must 
either:
    (1) Comply with the final total chlorine emission standards under 
Sec. Sec.  63.1216, 63.1217, 63.1219, 63.1220, and 63.1221 upon startup. 
If the final standard is more stringent than the standard proposed for 
your source on April 20, 2004, however, and if you start operations 
before October 14, 2008, you may comply with the proposed standard until 
October 14, 2008, after which you must comply with the final standard; 
or
    (2) Submit an eligibility demonstration for review and approval 
under this section 12 months prior to startup.
    (3) The operating requirements in the eligibility demonstration are 
applicable requirements for purposes of parts 70 and 71 of this chapter 
and will be incorporated in the title V permit.
    (f) Testing requirements--(1) General. You must comply with the 
requirements for comprehensive performance testing under Sec.  63.1207.
    (2) System removal efficiency. (i) You must calculate the total 
chlorine removal efficiency of the combustor during each run of the 
comprehensive performance test.
    (ii) You must calculate the average system removal efficiency as the 
average of the test run averages.
    (iii) If your source does not control emissions of total chlorine, 
you must assume zero system removal efficiency.
    (3) Annual average HCl-equivalent emission rate limit. If emissions 
during the comprehensive performance test exceed the annual average HCl-
equivalent emission rate limit, eligibility for emission limits under 
this section is not affected. This emission rate limit is an annual 
average limit even though compliance is based on a 12-hour or (up to) an 
annual rolling average feedrate limit on total chlorine and chloride 
because the feedrate limit is also used for compliance assurance for the 
semivolatile metal emission standard
    (4) 1-hour average HCl-equivalent emission rate limit. Total 
chlorine emissions during each run of the comprehensive performance test 
cannot exceed the 1-hour average HCl-equivalent emission rate limit.
    (5) Test methods. (i) If you operate a cement kiln or a combustor 
equipped with a dry acid gas scrubber, you must use EPA Method 320/321 
or ASTM D 6735-01, or an equivalent method, to measure hydrogen 
chloride, and the back-half (caustic impingers) of Method 26/26A, or an 
equivalent method, to measure chlorine gas.
    (ii) Bromine and sulfur considerations. If you operate an 
incinerator, boiler, or lightweight aggregate kiln and your feedstreams 
contain bromine or sulfur during the comprehensive performance test at 
levels specified under paragraph (e)(2)(ii)(B) of this section, you must 
use EPA Method 320/321 or ASTM D 6735-01, or an equivalent method, to 
measure hydrogen chloride, and Method 26/26A, or an equivalent method, 
to measure chlorine and hydrogen chloride, and determine your chlorine 
emissions as follows:
    (A) You must determine your chlorine emissions to be the higher of 
the value measured by Method 26/26A as provided in appendix A-8, part 60 
of this chapter, or an equivalent method, or the value calculated by the 
difference between the combined hydrogen chloride and chlorine levels 
measured by Method 26/26A as provided in appendix A-8, part 60 of this 
chapter, or an equivalent method, and the hydrogen chloride measurement 
from EPA Method 320/321 as provided in appendix A, part 63 of this 
chapter, or ASTM D 6735-01 as described under Sec.  63.1208(b)(5)(i)(C), 
or an equivalent method.
    (B) The procedures under paragraph (f)(2)(ii) of this section for 
determining hydrogen chloride and chlorine emissions apply if you feed 
bromine or sulfur during the performance test at the levels specified in 
this paragraph (f)(5)(ii)(B):
    (1) If the bromine/chlorine ratio in feedstreams is greater than 5 
percent by mass; or
    (2) If the sulfur/chlorine ratio in feedstreams is greater than 50 
percent by mass.
    (g) Monitoring requirements--(1) General. You must establish and 
comply with limits on the same operating parameters that apply to 
sources complying with the MACT standard for total chlorine under Sec.  
63.1209(o), except

[[Page 88]]

that feedrate limits on total chlorine and chloride must be established 
according to paragraphs (g)(2) and (g)(3) of this section:
    (2) Feedrate limit to ensure compliance with the annual average HCl-
equivalent emission rate limit. (i) For sources subject to the feedrate 
limit for total chlorine and chloride under Sec.  63.1209(n)(4) to 
ensure compliance with the semivolatile metals standard:
    (A) The feedrate limit (and averaging period) for total chlorine and 
chloride to ensure compliance with the annual average HCl-equivalent 
emission rate limit is the same as required by Sec.  63.1209(n)(4), 
except as provided by paragraph (g)(2)(i)(B) of this section.
    (B) The numerical value of the total chlorine and chloride feedrate 
limit (i.e., not considering the averaging period) you establish under 
Sec.  63.1209(n)(4) must not exceed the value you calculate as the 
annual average HCl-equivalent emission rate limit (lb/hr) divided by [1 
- system removal efficiency], where the system removal efficiency is 
calculated as prescribed by paragraph (f)(2) of this section.
    (ii) For sources exempt from the feedrate limit for total chlorine 
and chloride under Sec.  63.1209(n)(4) because they comply with Sec.  
63.1207(m)(2), the feedrate limit for total chlorine and chloride to 
ensure compliance with the annual average HCl-equivalent emission rate 
must be established as follows:
    (A) You must establish an average period for the feedrate limit that 
does not exceed an annual rolling average;
    (B) The numerical value of the total chlorine and chloride feedrate 
limit (i.e., not considering the averaging period) must not exceed the 
value you calculate as the annual average HCl-equivalent emission rate 
limit (lb/hr) divided by [1 - system removal efficiency], where the 
system removal efficiency is calculated as prescribed by paragraph 
(f)(2) of this section.
    (C) You must calculate the initial rolling average as though you had 
selected a 12-hour rolling average, as provided by paragraph (b)(5)(i) 
of this section. You must calculate rolling averages thereafter as the 
average of the available one-minute values until enough one-minute 
values are available to calculate the rolling average period you select. 
At that time and thereafter, you update the rolling average feedrate 
each hour with a 60-minute average feedrate.
    (3) Feedrate limit to ensure compliance with the 1-hour average HCl-
equivalent emission rate limit. (i) You must establish an hourly rolling 
average feedrate limit on total chlorine and chloride to ensure 
compliance with the 1-hour average HCl-equivalent emission rate limit 
unless you determine that the hourly rolling average feedrate limit is 
waived under paragraph (d) of this section.
    (ii) You must calculate the hourly rolling average feedrate limit 
for total chlorine and chloride as the 1-hour average HCl-equivalent 
emission rate limit (lb/hr) divided by [1 - system removal efficiency], 
where the system removal efficiency is calculated as prescribed by 
paragraph (f)(2)(ii) of this section.
    (h) Changes--(1) Changes over which you have control--(i) Changes 
that would affect the HCl-equivalent emission rate limit. (A) If you 
plan to change the design, operation, or maintenance of the facility in 
a manner than would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, you must submit to the permitting 
authority prior to the change a revised eligibility demonstration 
documenting the lower emission rate limits and calculations of reduced 
total chlorine and chloride feedrate limits.
    (B) If you plan to change the design, operation, or maintenance of 
the facility in a manner than would increase the annual average or 1-
hour average HCl-equivalent emission rate limit, and you elect to 
increase your total chlorine and chloride feedrate limits. You must also 
submit to the permitting authority prior to the change a revised 
eligibility demonstration documenting the increased emission rate limits 
and calculations of the increased feedrate limits prior to the change.
    (ii) Changes that could affect system removal efficiency. (A) If you 
plan to change the design, operation, or maintenance of the combustor in 
a manner than could decrease the system removal efficiency, you are 
subject to the requirements of Sec.  63.1206(b)(5) for

[[Page 89]]

conducting a performance test to reestablish the combustor's system 
removal efficiency and you must submit a revised eligibility 
demonstration documenting the lower system removal efficiency and the 
reduced feedrate limits on total chlorine and chloride.
    (B) If you plan to change the design, operation, or maintenance of 
the combustor in a manner than could increase the system removal 
efficiency, and you elect to document the increased system removal 
efficiency to establish higher feedrate limits on total chlorine and 
chloride, you are subject to the requirements of Sec.  63.1206(b)(5) for 
conducting a performance test to reestablish the combustor's system 
removal efficiency. You must also submit to the permitting authority a 
revised eligibility demonstration documenting the higher system removal 
efficiency and the increased feedrate limits on total chlorine and 
chloride.
    (2) Changes over which you do not have control that may decrease the 
HCl-equivalent emission rate limits. These requirements apply if you use 
a site-specific risk assessment under paragraph (c)(4) of this section 
to demonstrate eligibility for the health-based limits.
    (i) Proactive review. You must submit for review and approval with 
each comprehensive performance test plan either a certification that the 
information used in your eligibility demonstration has not changed in a 
manner that would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, or a revised eligibility demonstration.
    (ii) Reactive review. If in the interim between your comprehensive 
performance tests you have reason to know of changes that would decrease 
the annual average or 1-hour average HCl-equivalent emission rate limit, 
you must submit a revised eligibility demonstration as soon as 
practicable but not more frequently than annually.
    (iii) Compliance schedule. If you determine that you cannot 
demonstrate compliance with a lower annual average HCl-equivalent 
emission rate limit during the comprehensive performance test because 
you need additional time to complete changes to the design or operation 
of the source, you may request that the permitting authority grant you 
additional time to make those changes as quickly as practicable.

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[70 FR 59565, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008; 73 
FR 64097, Oct. 28, 2008]

Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid 
         Fuel Boilers, and Hydrochloric Acid Production Furnaces



Sec.  63.1216  What are the standards for solid fuel boilers that burn
hazardous waste?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans, either carbon monoxide or hydrocarbon 
emissions in excess of the limits provided by paragraph (a)(5) of this 
section;
    (2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent 
oxygen;
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec.  63.2, emissions in excess of 180 [micro]gm/dscm, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium combined, except for an 
area source as defined under Sec.  63.2, emissions in excess of 380 
[micro]gm/dscm, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:

[[Page 94]]

    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine combined, except for an area 
source as defined under Sec.  63.2, emissions in excess of 440 parts per 
million by volume, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen; and
    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2 or as provided by paragraph (e) of this section, 
emissions in excess of 68 mg/dscm corrected to 7 percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans, either carbon monoxide or hydrocarbon 
emissions in excess of the limits provided by paragraph (b)(5) of this 
section;
    (2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent 
oxygen;
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec.  63.2, emissions in excess of 180 [micro]gm/dscm, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium combined, except for an 
area source as defined under Sec.  63.2, emissions in excess of 190 
[micro]gm/dscm, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine combined, except for an area 
source as defined under Sec.  63.2, emissions in excess of 73 parts per 
million by volume, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen; and
    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2 or as provided by paragraph (e) of this section, 
emissions in excess of 34 mg/dscm corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a DRE of 99.99% for each principle organic hazardous constituent 
(POHC) designated under paragraph (c)(3) of this section. You must 
calculate DRE for each POHC from the following equation:

DRE = [1 - (Wout / Win)] x 100%

Where:

Win = mass feedrate of one POHC in a waste feedstream; and

[[Page 95]]

Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the POHCs in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Alternative to the particulate matter standard--(1) General. In 
lieu of complying with the particulate matter standards of this section, 
you may elect to comply with the following alternative metal emission 
control requirement:
    (2) Alternative metal emission control requirements for existing 
solid fuel boilers. (i) You must not discharge or cause combustion gases 
to be emitted into the atmosphere that contain cadmium, lead, and 
selenium in excess of 180 [micro]gm/dscm, combined emissions, corrected 
to 7 percent oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 380 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (3) Alternative metal emission control requirements for new solid 
fuel boilers. (i) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 180 [micro]gm/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 190 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (4) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (e)(2) and 
(e)(3) of this section pursuant to Sec.  63.1209(n), except that 
semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
    (f) Elective standards for area sources. Area sources as defined 
under Sec.  63.2 are subject to the standards for cadmium and lead, the 
standards for arsenic, beryllium, and chromium, the standards for 
hydrogen chloride and chlorine, and the standards for particulate matter 
under this section if they elect under Sec.  266.100(b)(3) of this 
chapter to comply with those standards in lieu of the standards under 40 
CFR 266.105, 266.106, and 266.107 to control those pollutants.

[70 FR 59565, Oct. 12, 2005]

[[Page 96]]



Sec.  63.1217  What are the standards for liquid fuel boilers that burn
hazardous waste?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected 
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air 
pollution control system; or
    (ii) Either carbon monoxide or hydrocarbon emissions in excess of 
the limits provided by paragraph (a)(5) of this section for sources not 
equipped with a dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this emission limit;
    (2) For mercury, except as provided for in paragraph (a)(2)(iii) of 
this section:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 19 [micro]gm/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value 
10,000 Btu/lb or greater, emissions in excess of 4.2 x 10-5 
lbs mercury attributable to the hazardous waste per million Btu heat 
input from the hazardous waste on an (not-to-exceed) annual averaging 
period;
    (iii) The boiler operated by Diversified Scientific Services, Inc. 
with EPA identification number TND982109142, and which burns radioactive 
waste mixed with hazardous waste, must comply with the mercury emission 
standard under Sec.  63.1219(a)(2);
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec.  63.2,
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 150 [micro]gm/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 8.2 x 10-5 
lbs combined cadmium and lead emissions attributable to the hazardous 
waste per million Btu heat input from the hazardous waste on an (not-to-
exceed) annual averaging period;
    (4) For chromium, except for an area source as defined under Sec.  
63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 370 [micro]gm/dscm, 
corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.3 x 10-4 
lbs chromium emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine, except for an area source as 
defined under Sec.  63.2:

[[Page 97]]

    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by 
volume, combined emissions, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 5.1 x 10-2 
lbs combined emissions of hydrogen chloride and chlorine gas 
attributable to the hazardous waste per million Btu heat input from the 
hazardous waste;
    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2 or as provided by paragraph (e) of this section, 
emissions in excess of 80 mg/dscm corrected to 7 percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected 
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air 
pollution control system; or
    (ii) Either carbon monoxide or hydrocarbon emissions in excess of 
the limits provided by paragraph (b)(5) of this section for sources not 
equipped with a dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this emission limit;
    (2) For mercury:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 6.8 [micro]gm/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.2 x 10-6 
lbs mercury emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste on an (not-to-exceed) annual 
averaging period;
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec.  63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 78 [micro]gm/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value 
greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 x 
10-6 lbs combined cadmium and lead emissions attributable to 
the hazardous waste per million Btu heat input from the hazardous waste 
on an (not-to-exceed) annual averaging period;
    (4) For chromium, except for an area source as defined under Sec.  
63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 12 [micro]gm/dscm, 
corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.4 x 10-5 
lbs chromium emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions

[[Page 98]]

monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) For hydrogen chloride and chlorine, except for an area source as 
defined under Sec.  63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by 
volume, combined emissions, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 5.1 x -2 lbs 
combined emissions of hydrogen chloride and chlorine gas attributable to 
the hazardous waste per million Btu heat input from the hazardous waste;
    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2 or as provided by paragraph (e) of this section, 
emissions in excess of 20 mg/dscm corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a DRE of 99.99% for each principle organic hazardous constituent 
(POHC) designated under paragraph (c)(3) of this section. You must 
calculate DRE for each POHC from the following equation:

DRE = [1 - (Wout / Win)] x 100%


Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the POHCs in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Alternative to the particulate matter standard--(1) General. In 
lieu of complying with the particulate matter standards of this section, 
you may elect to comply with the following alternative metal emission 
control requirement:
    (2) Alternative metal emission control requirements for existing 
liquid fuel boilers. (i) When you burn hazardous waste with a heating 
value less than 10,000 Btu/lb:
    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain cadmium, lead, and selenium, combined, 
in excess of 150 [micro]gm/dscm, corrected to 7 percent oxygen; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel, combined, in excess of 370 [micro]gm/
dscm, corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with a heating value of 10,000 
Btu/lb or greater:

[[Page 99]]

    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain in excess of 8.2 x 10-5 lbs 
combined emissions of cadmium, lead, and selenium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain either in excess of 1.3 x 
10-4 lbs combined emissions of antimony, arsenic, beryllium, 
chromium, cobalt, manganese, and nickel attributable to the hazardous 
waste per million Btu heat input from the hazardous waste;
    (3) Alternative metal emission control requirements for new liquid 
fuel boilers. (i) When you burn hazardous waste with a heating value 
less than 10,000 Btu/lb:
    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain cadmium, lead, and selenium, combined, 
in excess of 78 [micro]gm/dscm, corrected to 7 percent oxygen; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel, combined, in excess of 12 [micro]gm/dscm, 
corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with a heating value greater than 
or equal to 10,000 Btu/lb:
    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain in excess of 6.2 x 10-6 lbs 
combined emissions of cadmium, lead, and selenium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain either in excess of 1.4 x 
10-5 lbs combined emissions of antimony, arsenic, beryllium, 
chromium, cobalt, manganese, and nickel attributable to the hazardous 
waste per million Btu heat input from the hazardous waste;
    (4) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (e)(2) and 
(e)(3) of this section pursuant to Sec.  63.1209(n), except that 
semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
    (f) Elective standards for area sources. Area sources as defined 
under Sec.  63.2 are subject to the standards for cadmium and lead, the 
standards for chromium, the standards for hydrogen chloride and 
chlorine, and the standards for particulate matter under this section if 
they elect under Sec.  266.100(b)(3) of this chapter to comply with 
those standards in lieu of the standards under 40 CFR 266.105, 266.106, 
and 266.107 to control those pollutants.

[70 FR 59567, Oct. 12, 2005, as amended at 73 FR 18983, Apr. 8, 2008]



Sec.  63.1218  What are the standards for hydrochloric acid production
furnaces that burn hazardous waste?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans, either carbon monoxide or hydrocarbon 
emissions in excess of the limits provided by paragraph (a)(5) of this 
section;
    (2) For mercury, hydrogen chloride and chlorine gas emissions in 
excess of the levels provided by paragraph (a)(6) of this section;
    (3) For lead and cadmium, except for an area source as defined under 
Sec.  63.2, hydrogen chloride and chlorine gas emissions in excess of 
the levels provided by paragraph (a)(6) of this section;
    (4) For arsenic, beryllium, and chromium, except for an area source 
as defined under Sec.  63.2, hydrogen chloride and chlorine gas 
emissions in excess of the levels provided by paragraph (a)(6) of this 
section;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect

[[Page 100]]

to comply with this carbon monoxide standard rather than the hydrocarbon 
standard under paragraph (a)(5)(ii) of this section, you must also 
document that, during the destruction and removal efficiency (DRE) test 
runs or their equivalent as provided by Sec.  63.1206(b)(7), 
hydrocarbons do not exceed 10 parts per million by volume during those 
runs, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine gas, either:
    (i) Emission in excess of 150 parts per million by volume, combined 
emissions, expressed as a chloride (Cl(-) equivalent, dry 
basis and corrected to 7 percent oxygen; or
    (ii) Emissions greater than the levels that would be emitted if the 
source is achieving a system removal efficiency (SRE) of less than 
99.923 percent for total chlorine and chloride fed to the combustor. You 
must calculate SRE from the following equation:

SRE = [1 - (Cl out / Cl in)] x 100%

Where:

Cl in = mass feedrate of total chlorine or chloride in all feedstreams, 
          reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas, 
          reported as chloride, in exhaust emissions prior to release to 
          the atmosphere.

    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2, hydrogen chloride and chlorine gas emissions in excess 
of the levels provided by paragraph (a)(6) of this section.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans, either carbon monoxide or hydrocarbon 
emissions in excess of the limits provided by paragraph (b)(5) of this 
section;
    (2) For mercury, hydrogen chloride and chlorine gas emissions in 
excess of the levels provided by paragraph (b)(6) of this section;
    (3) For lead and cadmium, except for an area source as defined under 
Sec.  63.2, hydrogen chloride and chlorine gas emissions in excess of 
the levels provided by paragraph (b)(6) of this section;
    (4) For arsenic, beryllium, and chromium, except for an area source 
as defined under Sec.  63.2, hydrogen chloride and chlorine gas 
emissions in excess of the levels provided by paragraph (b)(6) of this 
section;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine gas, either:
    (i) Emission in excess of 25 parts per million by volume, combined 
emissions, expressed as a chloride (Cl(-) equivalent, dry 
basis and corrected to 7 percent oxygen; or
    (ii) Emissions greater than the levels that would be emitted if the 
source is achieving a system removal efficiency (SRE) of less than 
99.987 percent for

[[Page 101]]

total chlorine and chloride fed to the combustor. You must calculate SRE 
from the following equation:

SRE = [1 - (Cl out / Cl in)] x 100%

Where:

Cl in = mass feedrate of total chlorine or chloride in all feedstreams, 
          reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas, 
          reported as chloride, in exhaust emissions prior to release to 
          the atmosphere.

    (7) For particulate matter, except for an area source as defined 
under Sec.  63.2, hydrogen chloride and chlorine gas emissions in excess 
of the levels provided by paragraph (b)(6) of this section.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a DRE of 99.99% for each principle organic hazardous constituent 
(POHC) designated under paragraph (c)(3) of this section. You must 
calculate DRE for each POHC from the following equation:

DRE = [1 - (W out / W in)] x 100%

Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust emissions 
          prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the POHCs in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Elective standards for area sources. Area sources as defined 
under Sec.  63.2 are subject to the standards for cadmium and lead, the 
standards for arsenic, beryllium, and chromium, the standards for 
hydrogen chloride and chlorine, and the standards for particulate matter 
under this section if they elect under Sec.  266.100(b)(3) of this 
chapter to comply with those standards in lieu of the standards under 40 
CFR 266.105, 266.106, and 266.107 to control those pollutants.

[70 FR 59569, Oct. 12, 2005]

 Replacement Emissions Standards and Operating Limits for Incinerators, 
              Cement Kilns, and Lightweight Aggregate Kilns



Sec.  63.1219  What are the replacement standards for hazardous waste
incinerators?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) For incinerators equipped with either a waste heat boiler or dry 
air pollution control system, either:
    (A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent 
oxygen; or
    (B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent 
oxygen, provided that the combustion gas

[[Page 102]]

temperature at the inlet to the initial particulate matter control 
device is 400 [deg]F or lower based on the average of the test run 
average temperatures. (For purposes of compliance, operation of a wet 
particulate matter control device is presumed to meet the 400 [deg]F or 
lower requirement);
    (ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent 
oxygen, for incinerators not equipped with either a waste heat boiler or 
dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this standard;
    (2) Mercury in excess of 130 [micro]gm/dscm, corrected to 7 percent 
oxygen;
    (3) Cadmium and lead in excess of 230 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 92 [micro]gm/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) Hydrogen chloride and chlorine gas (total chlorine) in excess of 
32 parts per million by volume, combined emissions, expressed as a 
chloride (Cl(-)) equivalent, dry basis and corrected to 7 
percent oxygen; and
    (7) Except as provided by paragraph (e) of this section, particulate 
matter in excess of 0.013 gr/dscf corrected to 7 percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1)(i) Dioxins and furans in excess of 0.11 ng TEQ/dscm corrected to 
7 percent oxygen for incinerators equipped with either a waste heat 
boiler or dry air pollution control system; or
    (ii) Dioxins and furans in excess of 0.20 ng TEQ/dscm corrected to 7 
percent oxygen for sources not equipped with either a waste heat boiler 
or dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this standard;
    (2) Mercury in excess of 8.1 [micro]gm/dscm, corrected to 7 percent 
oxygen;
    (3) Cadmium and lead in excess of 10 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 23 [micro]gm/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document

[[Page 103]]

that, during the destruction and removal efficiency (DRE) test runs or 
their equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) Hydrogen chloride and chlorine gas in excess of 21 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) Except as provided by paragraph (e) of this section, particulate 
matter emissions in excess of 0.0016 gr/dscf corrected to 7 percent 
oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE = [1 - (Wout / Win)] x 100%

Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituent (POHC). (i) You must 
treat each POHC in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Alternative to the particulate matter standard--(1) General. In 
lieu of complying with the particulate matter standards of this section, 
you may elect to comply with the following alternative metal emission 
control requirement:
    (2) Alternative metal emission control requirements for existing 
incinerators. (i) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 230 [micro]gm/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 92 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (3) Alternative metal emission control requirements for new 
incinerators. (i) You

[[Page 104]]

must not discharge or cause combustion gases to be emitted into the 
atmosphere that contain cadmium, lead, and selenium in excess of 10 
[micro]gm/dscm, combined emissions, corrected to 7 percent oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 23 [micro]gm/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (4) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (e)(2) and 
(e)(3) of this section pursuant to Sec.  63.1209(n), except that 
semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.

[70 FR 59570, Oct. 12, 2005, as amended at 73 FR 64097, Oct. 28, 2008]



Sec.  63.1220  What are the replacement standards for hazardous waste
burning cement kilns?

    (a) Emission and hazardous waste feed limits for existing sources. 
You must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) For mercury, both:
    (i) An average as-fired concentration of mercury in all hazardous 
waste feedstreams in excess of 3.0 parts per million by weight; and
    (ii) Either:
    (A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent 
oxygen, or
    (B) A hazardous waste feed maximum theoretical emission 
concentration (MTEC) in excess of 120 [micro]g/dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 7.6 x 10-4 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 330 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) Emissions in excess of 2.1 x 10-5 lbs combined 
emissions of arsenic, beryllium, and chromium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 56 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling 
system in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis and corrected to 7 percent oxygen. If you 
elect to comply with this carbon monoxide standard rather than the 
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you 
must also document that, during the destruction and removal efficiency 
(DRE) test runs or their equivalent as provided by Sec.  63.1206(b)(7), 
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, either:

[[Page 105]]

    (A) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per 
million by volume, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis 
and corrected to 7 percent oxygen. If you elect to comply with this 
carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii)(A) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons in the main 
stack do not exceed 20 parts per million by volume during those runs, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane.
    (6) Hydrogen chloride and chlorine gas in excess of 120 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis, corrected to 7 percent oxygen; 
and
    (7) For particulate matter, both:
    (i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent 
oxygen; and
    (ii) Opacity greater than 20 percent, unless your source is equipped 
with a bag leak detection system under Sec.  63.1206(c)(8) or a 
particulate matter detection system under Sec.  63.1206(c)(9).
    (b) Emission and hazardous waste feed limits for new sources. You 
must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) For mercury, both:
    (i) An average as-fired concentration of mercury in all hazardous 
waste feedstreams in excess of 1.9 parts per million by weight; and
    (ii) Either:
    (A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent 
oxygen, or
    (B) A hazardous waste feed maximum theoretical emission 
concentration (MTEC) in excess of 120 [micro]g/dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 6.2 x 10-5 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 180 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) Emissions in excess of 1.5 x 10-5 lbs combined 
emissions of arsenic, beryllium, and chromium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 54 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, carbon monoxide and 
hydrocarbons emissions are limited in both the bypass duct or midkiln 
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are 
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this 
section, you also must document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to

[[Page 106]]

7 percent oxygen, and reported as propane; or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of 
the kiln commenced after April 19, 1996 at a plant site where a cement 
kiln (whether burning hazardous waste or not) did not previously exist, 
to 50 parts per million by volume, over a 30-day block average 
(monitored continuously with a continuous monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, hydrocarbons and carbon monoxide are limited in the 
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane; or
    (B)(1) Carbon monoxide not exceeding 100 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane at any time during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec.  
63.1206(b)(7); and
    (3) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous monitoring system), dry basis, corrected to 7 percent 
oxygen, and reported as propane.
    (6) Hydrogen chloride and chlorine gas in excess of 86 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) For particulate matter, both:
    (i) Emissions in excess of 0.0069 gr/dscf corrected to 7 percent 
oxygen; and
    (ii) Opacity greater than 20 percent, unless your source is equipped 
with a bag leak detection system under Sec.  63.1206(c)(8) or a 
particulate matter detection system under Sec.  63.1206(c)(9).
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE = [1 - (Wout / Win)] x 100%

Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituent (POHC). (i) You must 
treat each POHC in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.

[[Page 107]]

    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Cement kilns with in-line kiln raw mills--(1) General. (i) You 
must conduct performance testing when the raw mill is on-line and when 
the mill is off-line to demonstrate compliance with the emission 
standards, and you must establish separate operating parameter limits 
under Sec.  63.1209 for each mode of operation, except as provided by 
paragraphs (d)(1)(iv) and (d)(1)(v) of this section.
    (ii) You must document in the operating record each time you change 
from one mode of operation to the alternate mode and begin complying 
with the operating parameter limits for that alternate mode of 
operation.
    (iii) You must calculate rolling averages for operating parameter 
limits as provided by Sec.  63.1209(q)(2).
    (iv) If your in-line kiln raw mill has dual stacks, you may assume 
that the dioxin/furan emission levels in the by-pass stack and the 
operating parameter limits determined during performance testing of the 
by-pass stack when the raw mill is off-line are the same as when the 
mill is on-line.
    (v) In lieu of conducting a performance test to demonstrate 
compliance with the dioxin/furan emission standards for the mode of 
operation when the raw mill is on-line, you may specify in the 
performance test workplan and Notification of Compliance the same 
operating parameter limits required under Sec.  63.1209(k) for the mode 
of operation when the raw mill is on-line as you establish during 
performance testing for the mode of operation when the raw mill is off-
line.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine 
gas emission standards on a time-weighted average basis under the 
following procedures:
    (i) Averaging methodology. You must calculate the time-weighted 
average emission concentration with the following equation:

Ctotal = {Cmill-off x (Tmill-off / 
(Tmill-off + Tmill-on)){time}  + 
{Cmill-on x (Tmill-on / (Tmill-off + 
Tmill-on)){time} 

Where:

Ctotal = time-weighted average concentration of a regulated 
          constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of 
          regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of 
          regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the 
          raw mill; and
Tmill-on = time when kiln gases are routed through the raw 
          mill.

    (ii) Compliance. (A) If you use this emission averaging provision, 
you must document in the operating record compliance with the emission 
standards on an annual basis by using the equation provided by paragraph 
(d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the 
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with one 
or more emission standards using this emission averaging provision, you 
must notify the Administrator in the initial comprehensive performance 
test plan submitted under Sec.  63.1207(e).
    (B) You must include historical raw mill operation data in the 
performance test plan to estimate future raw mill down-time and document 
in the performance test plan that estimated emissions and estimated raw 
mill down-time will not result in an exceedance of an emission standard 
on an annual basis.
    (C) You must document in the notification of compliance submitted 
under Sec.  63.1207(j) that an emission standard will not be exceeded 
based on the documented emissions from the performance test and 
predicted raw mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks--(1) 
General. You must conduct performance testing on each stack to 
demonstrate compliance

[[Page 108]]

with the emission standards, and you must establish operating parameter 
limits under Sec.  63.1209 for each stack, except as provided by 
paragraph (d)(1)(iv) of this section for dioxin/furan emissions testing 
and operating parameter limits for the by-pass stack of in-line raw 
mills.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine 
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:

Ctot = {Cmain x (Qmain / 
(Qmain + Qbypass)){time}  + {Cbypass x 
(Qbypass / (Qmain + Qbypass)){time} 

Where:

Ctot = gas flowrate-weighted average concentration of the 
          regulated constituent;
Cmain = average performance test concentration demonstrated 
          in the main stack;
Cbypass = average performance test concentration demonstrated 
          in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.

    (ii) Compliance. (A) You must demonstrate compliance with the 
emission standard(s) using the emission concentrations determined from 
the performance tests and the equation provided by paragraph (e)(1) of 
this section; and
    (B) You must develop operating parameter limits for bypass stack and 
main stack flowrates that ensure the emission concentrations calculated 
with the equation in paragraph (e)(1) of this section do not exceed the 
emission standards on a 12-hour rolling average basis. You must include 
these flowrate limits in the Notification of Compliance.
    (iii) Notification. If you elect to document compliance under this 
emissions averaging provision, you must:
    (A) Notify the Administrator in the initial comprehensive 
performance test plan submitted under Sec.  63.1207(e). The performance 
test plan must include, at a minimum, information describing the 
flowrate limits established under paragraph (e)(2)(ii)(B) of this 
section; and
    (B) Document in the Notification of Compliance submitted under Sec.  
63.1207(j) the demonstrated gas flowrate-weighted average emissions that 
you calculate with the equation provided by paragraph (e)(2) of this 
section.
    (f) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (g) [Reserved]
    (h) When you comply with the particulate matter requirements of 
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New 
Source Performance Standard for particulate matter and opacity under 
Sec.  60.60 of this chapter.

[70 FR 59571, Oct. 12, 2005, as amended at 71 FR 62394, Oct. 25, 2006; 
73 FR 18983, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]



Sec.  63.1221  What are the replacement standards for hazardous waste
burning lightweight aggregate kilns?

    (a) Emission and hazardous waste feed limits for existing sources. 
You must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Rapid quench of the combustion gas temperature at the exit of 
the (last) combustion chamber (or exit of any waste heat recovery system 
that immediately follows the last combustion chamber) to 400 [deg]F or 
lower based on the average of the test run average temperatures. You 
must also notify in writing the RCRA authority that you are complying 
with this option;
    (2) For mercury, either:
    (i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7 
percent oxygen; or
    (ii) A hazardous waste feedrate corresponding to a maximum 
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 3.0 x 10-4 lbs combined 
emissions of cadmium

[[Page 109]]

and lead attributable to the hazardous waste per million Btu heat input 
from the hazardous waste; and
    (ii) Emissions in excess of 250 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) In excess of 9.5 x 10-5 lbs combined emissions of 
arsenic, beryllium, and chromium attributable to the hazardous waste per 
million Btu heat input from the hazardous waste;
    (ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess 
of 100 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis and corrected to 7 percent oxygen. If you elect to comply with 
this carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons do not 
exceed 20 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over 
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) Hydrogen chloride and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) Particulate matter emissions in excess of 0.025 gr/dscf, 
corrected to 7 percent oxygen.
    (b) Emission and hazardous waste feed limits for new sources. You 
must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Rapid quench of the combustion gas temperature at the exit of 
the (last) combustion chamber (or exit of any waste heat recovery system 
that immediately follows the last combustion chamber) to 400 [deg]F or 
lower based on the average of the test run average temperatures. You 
must also notify in writing the RCRA authority that you are complying 
with this option;
    (2) For mercury, either:
    (i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7 
percent oxygen; or
    (ii) A hazardous waste feedrate corresponding to a maximum 
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 3.7 x 10-5 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 43 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) In excess of 3.3 x 10-5 lbs combined emissions of 
arsenic, beryllium, and chromium attributable to the hazardous waste per 
million Btu heat input from the hazardous waste;
    (ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess 
of 100 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis and corrected to 7 percent oxygen. If you elect to comply with 
this carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (b)(5)(ii) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec.  63.1206(b)(7), hydrocarbons do not 
exceed 20 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to

[[Page 110]]

7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over 
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) Hydrogen chloride and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) Particulate matter emissions in excess of 0.0098 gr/dscf 
corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principal organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE = [1 - (Wout / Win)] x 100%

Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
          emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec.  261.31 of this 
chapter), you must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each POHC that you designate under paragraph (c)(3) of this 
section. You must demonstrate this DRE performance on POHCs that are 
more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-
dioxins and dibenzofurans. You must use the equation in paragraph (c)(1) 
of this section to calculate DRE for each POHC. In addition, you must 
notify the Administrator of your intent to burn hazardous wastes F020, 
F021, F022, F023, F026, or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat each POHC in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.

[70 FR 59574, Oct. 12, 2005]



Sec. Table 1 to Subpart EEE of Part 63--General Provisions Applicable to 
                               Subpart EEE

----------------------------------------------------------------------------------------------------------------
               Reference                          Applies to subpart EEE                    Explanation
----------------------------------------------------------------------------------------------------------------
63.1...................................  Yes.
63.2...................................  Yes.
63.3...................................  Yes.
63.4...................................  Yes....................................
63.5...................................  Yes.
63.6(a), (b), (c), (d), and (e)........  Yes.
63.6(f)................................  Yes....................................  Except that the performance
                                                                                   test requirements of Sec.
                                                                                   63.1207 apply instead of Sec.
                                                                                     63.6(f)(2)(iii)(B).
63.6(g) and (h)........................  Yes.
63.6(i)................................  Yes....................................  Section 63.1213 specifies that
                                                                                   the compliance date may also
                                                                                   be extended for inability to
                                                                                   install necessary emission
                                                                                   control equipment by the
                                                                                   compliance date because of
                                                                                   implementation of pollution
                                                                                   prevention or waste
                                                                                   minimization controls.

[[Page 111]]

 
63.6(j)................................  Yes.
63.7(a)................................  Yes....................................  Except Sec.   63.1207(e)(3)
                                                                                   allows you to petition the
                                                                                   Administrator under Sec.
                                                                                   63.7(h) to provide an
                                                                                   extension of time to conduct
                                                                                   a performance test.
63.7(b)................................  Yes....................................  Except Sec.   63.1207(e)
                                                                                   requires you to submit the
                                                                                   site-specific test plan for
                                                                                   approval at least one year
                                                                                   before the comprehensive
                                                                                   performance test is scheduled
                                                                                   to begin.
63.7(c)................................  Yes....................................  Except Sec.   63.1207(e)
                                                                                   requires you to submit the
                                                                                   site-specific test plan
                                                                                   (including the quality
                                                                                   assurance provisions under
                                                                                   Sec.   63.7(c)) for approval
                                                                                   at least one year before the
                                                                                   comprehensive performance
                                                                                   test is scheduled to begin.
63.7(d)................................  Yes.
63.7(e)................................  Yes....................................  Except Sec.   63.1207
                                                                                   prescribes operations during
                                                                                   performance testing and Sec.
                                                                                    63.1209 specifies operating
                                                                                   limits that will be
                                                                                   established during
                                                                                   performance testing (such
                                                                                   that testing is likely to be
                                                                                   representative of the extreme
                                                                                   range of normal performance).
63.7(f)................................  Yes.
63.7(g)................................  Yes....................................  Except Sec.   63.1207(j)
                                                                                   requiring that you submit the
                                                                                   results of the performance
                                                                                   test (and the notification of
                                                                                   compliance) within 90 days of
                                                                                   completing the test, unless
                                                                                   the Administrator grants a
                                                                                   time extension, applies
                                                                                   instead of Sec.   63.7(g)(1).
63.7(h)................................  Yes....................................  Except Sec.   63.1207(c)(2)
                                                                                   allows data in lieu of the
                                                                                   initial comprehensive
                                                                                   performance test, and Sec.
                                                                                   63.1207(m) provides a waiver
                                                                                   of certain performance tests.
                                                                                   You must submit requests for
                                                                                   these waivers with the site-
                                                                                   specific test plan.
63.8(a) and (b)........................  Yes.
63.8(c)................................  Yes....................................  Except: (1) Sec.   63.1211(c)
                                                                                   that requires you to install,
                                                                                   calibrate, and operate CMS by
                                                                                   the compliance date applies
                                                                                   instead of Sec.   63.8(c)(3);
                                                                                   and (2) the performance
                                                                                   specifications for CO, HC,
                                                                                   and O2 CEMS in subpart B, of
                                                                                   this chapter requiring that
                                                                                   the detectors measure the
                                                                                   sample concentration at least
                                                                                   once every 15 seconds for
                                                                                   calculating an average
                                                                                   emission level once every 60
                                                                                   seconds apply instead of Sec.
                                                                                     63.8(c)(4)(ii).
63.8(d)................................  Yes.
63.8(e)................................  Yes....................................  Except Sec.   63.1207(e)
                                                                                   requiring you to submit the
                                                                                   site-specific comprehensive
                                                                                   performance test plan and the
                                                                                   CMS performance evaluation
                                                                                   test plan for approval at
                                                                                   least one year prior to the
                                                                                   planned test date applies
                                                                                   instead of Sec.  Sec.
                                                                                   63.8(e)(2) and (3)(iii).
63.8(f) and (g)........................  Yes.
63.9(a)................................  Yes.
63.9(b)................................  Yes....................................  Note: Section 63.9(b)(1)(ii)
                                                                                   pertains to notification
                                                                                   requirements for area sources
                                                                                   that become a major source,
                                                                                   and Sec.   63.9(b)(2)(v)
                                                                                   requires a major source
                                                                                   determination. Although area
                                                                                   sources are subject to all
                                                                                   provisions of this subpart
                                                                                   (Subpart EEE), these sections
                                                                                   nonetheless apply because the
                                                                                   major source determination
                                                                                   may affect the applicability
                                                                                   of part 63 standards or title
                                                                                   V permit requirements to
                                                                                   other sources (i.e., other
                                                                                   than a hazardous waste
                                                                                   combustor) of hazardous air
                                                                                   pollutants at the facility.
63.9(c) and (d)........................  Yes.
63.9(e)................................  Yes....................................  Except Sec.   63.1207(e) which
                                                                                   requires you to submit the
                                                                                   comprehensive performance
                                                                                   test plan for approval one
                                                                                   year prior to the planned
                                                                                   performance test date applies
                                                                                   instead of Sec.   63.9(e).
63.9(f)................................  Yes....................................  Section 63.9(f) applies if you
                                                                                   are allowed under Sec.
                                                                                   63.1209(a)(1)(v) to use
                                                                                   visible determination of
                                                                                   opacity for compliance in
                                                                                   lieu of a COMS.
63.9(g)................................  Yes....................................  Except Sec.   63.9(g)(2)
                                                                                   pertaining to COMS does not
                                                                                   apply.
63.9(h)................................  Yes....................................  Except Sec.   63.1207(j)
                                                                                   requiring you to submit the
                                                                                   notification of compliance
                                                                                   within 90 days of completing
                                                                                   a performance test unless the
                                                                                   Administrator grants a time
                                                                                   extension applies instead of
                                                                                   Sec.   63.9(h)(2)(iii). Note:
                                                                                   Even though area sources are
                                                                                   subject to this subpart, the
                                                                                   major source determination
                                                                                   required by Sec.
                                                                                   63.9(h)(2)(i)(E) is
                                                                                   applicable to hazardous waste
                                                                                   combustors for the reasons
                                                                                   discussed above.
63.9(i) and (j)........................  Yes.

[[Page 112]]

 
63.9(k)................................  Yes....................................  Only as specified in Sec.
                                                                                   63.9(j).
63.10..................................  Yes....................................  Except reports of performance
                                                                                   test results required under
                                                                                   Sec.   63.10(d)(2) may be
                                                                                   submitted up to 90 days after
                                                                                   completion of the test.
63.11..................................  No.
63.12-63.15............................  Yes.
----------------------------------------------------------------------------------------------------------------


[67 FR 6994, Feb. 14, 2002, as amended at 85 FR 73897, Nov. 19, 2020]



 Sec. Appendix to Subpart EEE of Part 63--Quality Assurance Procedures 
  for Continuous Emissions Monitors Used for Hazardous Waste Combustors

                     1. Applicability and Principle

    1.1 Applicability. These quality assurance requirements are used to 
evaluate the effectiveness of quality control (QC) and quality assurance 
(QA) procedures and the quality of data produced by continuous emission 
monitoring systems (CEMS) that are used for determining compliance with 
the emission standards on a continuous basis as specified in the 
applicable regulation. The QA procedures specified by these requirements 
represent the minimum requirements necessary for the control and 
assessment of the quality of CEMS data used to demonstrate compliance 
with the emission standards provided under this subpart EEE of part 63. 
Owners and operators must meet these minimum requirements and are 
encouraged to develop and implement a more extensive QA program. These 
requirements supersede those found in part 60, Appendix F, of this 
chapter. Appendix F does not apply to hazardous waste-burning devices.
    1.2 Principle. The QA procedures consist of two distinct and equally 
important functions. One function is the assessment of the quality of 
the CEMS data by estimating accuracy. The other function is the control 
and improvement of the quality of the CEMS data by implementing QC 
policies and corrective actions. These two functions form a control 
loop. When the assessment function indicates that the data quality is 
inadequate, the source must immediately stop burning hazardous waste. 
The CEM data control effort must be increased until the data quality is 
acceptable before hazardous waste burning can resume.
    a. In order to provide uniformity in the assessment and reporting of 
data quality, this procedure explicitly specifies the assessment methods 
for response drift and accuracy. The methods are based on procedures 
included in the applicable performance specifications provided in 
appendix B to part 60 of this chapter. These procedures also require the 
analysis of the EPA audit samples concurrent with certain reference 
method (RM) analyses as specified in the applicable RM's.
    b. Because the control and corrective action function encompasses a 
variety of policies, specifications, standards, and corrective measures, 
this procedure treats QC requirements in general terms to allow each 
source owner or operator to develop a QC system that is most effective 
and efficient for the circumstances.

                             2. Definitions

    2.1 Continuous Emission Monitoring System (CEMS). The total 
equipment required for the determination of a pollutant concentration. 
The system consists of the following major subsystems:
    2.1.1 Sample Interface. That portion of the CEMS used for one or 
more of the following: sample acquisition, sample transport, and sample 
conditioning, or protection of the monitor from the effects of the stack 
effluent.
    2.1.2 Pollutant Analyzer. That portion of the CEMS that senses the 
pollutant concentration and generates a proportional output.
    2.1.3 Diluent Analyzer. That portion of the CEMS that senses the 
diluent gas (O2) and generates an output proportional to the gas 
concentration.
    2.1.4 Data Recorder. That portion of the CEMS that provides a 
permanent record of the analyzer output. The data recorder may provide 
automatic data reduction and CEMS control capabilities.
    2.2 Relative Accuracy (RA). The absolute mean difference between the 
pollutant concentration determined by the CEMS and the value determined 
by the reference method (RM) plus the 2.5 percent error confidence 
coefficient of a series of test divided by the mean of the RM tests or 
the applicable emission limit.
    2.3 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
took place.
    2.4 Zero Drift (ZD). The difference in CEMS output readings at the 
zero pollutant level after a stated period of operation during which no 
unscheduled maintenance, repair, or adjustment took place.

[[Page 113]]

    2.5 Calibration Standard. Calibration standards produce a known and 
unchanging response when presented to the pollutant analyzer portion of 
the CEMS, and are used to calibrate the drift or response of the 
analyzer.
    2.6 Relative Accuracy Test Audit (RATA). Comparison of CEMS 
measurements to reference method measurements in order to evaluate 
relative accuracy following procedures and specification given in the 
appropriate performance specification.
    2.7 Absolute Calibration Audit (ACA). Equivalent to calibration 
error (CE) test defined in the appropriate performance specification 
using NIST traceable calibration standards to challenge the CEMS and 
assess accuracy.
    2.8 Rolling Average. The average emissions, based on some 
(specified) time period, calculated every minute from a one-minute 
average of four measurements taken at 15-second intervals.

                          3. QA/QC Requirements

    3.1 QC Requirements. a. Each owner or operator must develop and 
implement a QC program. At a minimum, each QC program must include 
written procedures describing in detail complete, step-by-step 
procedures and operations for the following activities.
    1. Checks for component failures, leaks, and other abnormal 
conditions.
    2. Calibration of CEMS.
    3. CD determination and adjustment of CEMS.
    4. Integration of CEMS with the automatic waste feed cutoff (AWFCO) 
system.
    5. Preventive Maintenance of CEMS (including spare parts inventory).
    6. Data recording, calculations, and reporting.
    7. Checks of record keeping.
    8. Accuracy audit procedures, including sampling and analysis 
methods.
    9. Program of corrective action for malfunctioning CEMS.
    10. Operator training and certification.
    11. Maintaining and ensuring current certification or naming of 
cylinder gasses, metal solutions, and particulate samples used for audit 
and accuracy tests, daily checks, and calibrations.
    b. Whenever excessive inaccuracies occur for two consecutive 
quarters, the current written procedures must be revised or the CEMS 
modified or replaced to correct the deficiency causing the excessive 
inaccuracies. These written procedures must be kept on record and 
available for inspection by the enforcement agency.
    3.2 QA Requirements. Each source owner or operator must develop and 
implement a QA plan that includes, at a minimum, the following.
    1. QA responsibilities (including maintaining records, preparing 
reports, reviewing reports).
    2. Schedules for the daily checks, periodic audits, and preventive 
maintenance.
    3. Check lists and data sheets.
    4. Preventive maintenance procedures.
    5. Description of the media, format, and location of all records and 
reports.
    6. Provisions for a review of the CEMS data at least once a year. 
Based on the results of the review, the owner or operator must revise or 
update the QA plan, if necessary.

             4. CD and ZD Assessment and Daily System Audit

    4.1 CD and ZD Requirement. Owners and operators must check, record, 
and quantify the ZD and the CD at least once daily (approximately 24 
hours) in accordance with the method prescribed by the manufacturer. The 
CEMS calibration must, at a minimum, be adjusted whenever the daily ZD 
or CD exceeds the limits in the Performance Specifications. If, on any 
given ZD and/or CD check the ZD and/or CD exceed(s) two times the limits 
in the Performance Specifications, or if the cumulative adjustment to 
the ZD and/or CD (see Section 4.2) exceed(s) three times the limits in 
the Performance Specifications, hazardous waste burning must immediately 
cease and the CEMS must be serviced and recalibrated. Hazardous waste 
burning cannot resume until the owner or operator documents that the 
CEMS is in compliance with the Performance Specifications by carrying 
out an ACA.
    4.2 Recording Requirements for Automatic ZD and CD Adjusting 
Monitors. Monitors that automatically adjust the data to the corrected 
calibration values must record the unadjusted concentration measurement 
prior to resetting the calibration, if performed, or record the amount 
of the adjustment.
    4.3 Daily System Audit. The audit must include a review of the 
calibration check data, an inspection of the recording system, an 
inspection of the control panel warning lights, and an inspection of the 
sample transport and interface system (e.g., flowmeters, filters, etc.) 
as appropriate.
    4.4 Data Recording and Reporting. All measurements from the CEMS 
must be retained in the operating record for at least 5 years.

      5. Performance Evaluation for CO, O2, and HC CEMS

    Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC) 
CEMS. An Absolute Calibration Audit (ACA) must be conducted quarterly, 
and a Relative Accuracy Test Audit (RATA) (if applicable, see sections 
5.1 and 5.2) must be conducted yearly. An Interference Response Tests 
must be performed whenever an ACA or a RATA is conducted.

[[Page 114]]

When a performance test is also required under Sec.  63.1207 to document 
compliance with emission standards, the RATA must coincide with the 
performance test. The audits must be conducted as follows.
    5.1 Relative Accuracy Test Audit (RATA). This requirement applies to 
O2 and CO CEMS. The RATA must be conducted at least yearly. 
Conduct the RATA as described in the RA test procedure (or alternate 
procedures section) described in the applicable Performance 
Specifications. In addition, analyze the appropriate performance audit 
samples received from the EPA as described in the applicable sampling 
methods.
    5.2 Absolute Calibration Audit (ACA). The ACA must be conducted at 
least quarterly except in a quarter when a RATA (if applicable, see 
section 5.1) is conducted instead. Conduct an ACA as described in the 
calibration error (CE) test procedure described in the applicable 
Performance Specifications.
    5.3 Interference Response Test. The interference response test must 
be conducted whenever an ACA or RATA is conducted. Conduct an 
interference response test as described in the applicable Performance 
Specifications.
    5.4 Excessive Audit Inaccuracy. If the RA from the RATA or the CE 
from the ACA exceeds the criteria in the applicable Performance 
Specifications, hazardous waste burning must cease immediately. 
Hazardous waste burning cannot resume until the owner or operator takes 
corrective measures and audit the CEMS with a RATA to document that the 
CEMS is operating within the specifications.

                          6. Other Requirements

    6.1 Performance Specifications. CEMS used by owners and operators of 
HWCs must comply with the following performance specifications in 
appendix B to part 60 of this chapter:

              Table I: Performance Specifications for CEMS
------------------------------------------------------------------------
                                                            Performance
                           CEMS                            specification
------------------------------------------------------------------------
Carbon monoxide..........................................          4B
Oxygen...................................................          4B
Total hydrocarbons.......................................          8A
------------------------------------------------------------------------

    6.2 Downtime due to Calibration. Facilities may continue to burn 
hazardous waste for a maximum of 20 minutes while calibrating the CEMS. 
If all CEMS are calibrated at once, the facility must have twenty 
minutes to calibrate all the CEMS. If CEMS are calibrated individually, 
the facility must have twenty minutes to calibrate each CEMS. If the 
CEMS are calibrated individually, other CEMS must be operational while 
the individual CEMS is being calibrated.
    6.3 Span of the CEMS.
    6.3.1 CO CEMS. The CO CEM must have two ranges, a low range with a 
span of 200 ppmv and a high range with a span of 3000 ppmv at an oxygen 
correction factor of 1. A one-range CEM may be used, but it must meet 
the performance specifications for the low range in the specified span 
of the low range.
    6.3.2 O2 CEMS. The O2 CEM must have a span of 
25 percent. The span may be higher than 25 percent if the O2 
concentration at the sampling point is greater than 25 percent.
    6.3.3 HC CEMS. The HC CEM must have a span of 100 ppmv, expressed as 
propane, at an oxygen correction factor of 1.
    6.3.4 CEMS Span Values. When the Oxygen Correction Factor is Greater 
than 2. When an owner or operator installs a CEMS at a location of high 
ambient air dilution, i.e., where the maximum oxygen correction factor 
as determined by the permitting agency is greater than 2, the owner or 
operator must install a CEM with a lower span(s), proportionate to the 
larger oxygen correction factor, than those specified above.
    6.3.5 Use of Alternative Spans. Owner or operators may request 
approval to use alternative spans and ranges to those specified. 
Alternate spans must be approved in writing in advance by the 
Administrator. In considering approval of alternative spans and ranges, 
the Administrator will consider that measurements beyond the span will 
be recorded as values at the maximum span for purposes of calculating 
rolling averages.
    6.3.6 Documentation of Span Values. The span value must be 
documented by the CEMS manufacturer with laboratory data.
    6.4.1 Moisture Correction. Method 4 of appendix A, part 60 of this 
chapter, must be used to determine moisture content of the stack gasses.
    6.4.2 Oxygen Correction Factor. Measured pollutant levels must be 
corrected for the amount of oxygen in the stack according to the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.022

Where:

Pc = concentration of the pollutant or standard corrected to 
          7 percent oxygen, dry basis;
Pm = measured concentration of the pollutant, dry basis;
E = volume fraction of oxygen in the combustion air fed into the device, 
          on a dry basis (normally 21 percent or 0.21 if only air is 
          fed);
Y = measured fraction of oxygen on a dry basis at the sampling point.

    The oxygen correction factor is:

[[Page 115]]

[GRAPHIC] [TIFF OMITTED] TR30SE99.023

    6.4.3 Temperature Correction. Correction values for temperature are 
obtainable from standard reference materials.
    6.5 Rolling Average. A rolling average is the arithmetic average of 
all one-minute averages over the averaging period.
    6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages 
are the arithmetic average of the four most recent 15-second 
observations and must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JY00.004

Where:

c = the one minute average
ci = a fifteen-second observation from the CEM

    Fifteen second observations must not be rounded or smoothed. 
Fifteen-second observations may be disregarded only as a result of a 
failure in the CEMS and allowed in the source's quality assurance plan 
at the time of the CEMS failure. One-minute averages must not be 
rounded, smoothed, or disregarded.
    6.5.2 Ten Minute Rolling Average Equation. The ten minute rolling 
average must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.025

Where:

CRA = The concentration of the standard, expressed as a 
          rolling average
ci = a one minute average

    6.5.3 Hourly Rolling Average Equation for CO and THC CEMS and 
Operating Parameter Limits. The rolling average, based on a specific 
number integer of hours, must be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.026

Where:

cRA = The concentration of the standard, expressed as a 
          rolling average
ci = a one minute average

    6.5.4 Averaging Periods for CEMS other than CO and THC. The 
averaging period for CEMS other than CO and THC CEMS must be calculated 
as a rolling average of all one-hour values over the averaging period. 
An hourly average is comprised of 4 measurements taken at equally spaced 
time intervals, or at most every 15 minutes. Fewer than 4 measurements 
might be available within an hour for reasons such as facility downtime 
or CEMS calibration. If at least two measurements (30 minutes of data) 
are available, an hourly average must be calculated. The n-hour rolling 
average is calculated by averaging the n most recent hourly averages.
    6.6 Units of the Standards for the Purposes of Recording and 
Reporting Emissions. Emissions must be recorded and reported expressed 
after correcting for oxygen, temperature, and moisture. Emissions must 
be reported in metric, but may also be reported in the English system of 
units, at 7 percent oxygen, 20 [deg]C, and on a dry basis.
    6.7 Rounding and Significant Figures. Emissions must be rounded to 
two significant figures using ASTM procedure E-29-90 or its successor. 
Rounding must be avoided prior to rounding for the reported value.

                             7. Bibliography

    1. 40 CFR part 60, appendix F, ``Quality Assurance Procedures: 
Procedure 1. Quality Assurance Requirements for Gas continuous Emission 
Monitoring Systems Used For Compliance Determination''.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42301, July 10, 2000]

Subpart FFF [Reserved]



 Subpart GGG_National Emission Standards for Pharmaceuticals Production

    Source: 63 FR 50326, Sept. 21, 1998, unless otherwise noted.



Sec.  63.1250  Applicability.

    (a) Definition of affected source. (1) The affected source subject 
to this subpart consists of the pharmaceutical manufacturing operations 
as defined in Sec.  63.1251. Except as specified in paragraph (d) of 
this section, the provisions of this subpart apply to pharmaceutical 
manufacturing operations that meet the criteria specified in paragraphs 
(a)(1) (i) through (iii) of this section:
    (i) Manufacture a pharmaceutical product as defined in Sec.  
63.1251;
    (ii) Are located at a plant site that is a major source as defined 
in section 112(a) of the Act; and
    (iii) Process, use, or produce HAP.
    (2) Determination of the applicability of this subpart shall be 
reported as part of an operating permit application or

[[Page 116]]

as otherwise specified by the permitting authority.
    (b) New source applicability. A new affected source subject to this 
subpart and to which the requirements for new sources apply is: An 
affected source for which construction or reconstruction commenced after 
April 2, 1997, and the standard was applicable at the time of 
construction or reconstruction; or a pharmaceutical manufacturing 
process unit (PMPU) dedicated to manufacturing a single product that has 
the potential to emit 10 tons per year of any one HAP or 25 tons per 
year of combined HAP for which construction commenced after April 2, 
1997 or reconstruction commenced after October 21, 1999.
    (c) General provisions. Table 1 of this subpart specifies and 
clarifies the provisions of subpart A of this part that apply to an 
owner or operator of an affected source subject to this subpart. The 
provisions of subpart A specified in Table 1 are the only provisions of 
subpart A that apply to an affected source subject to this subpart.
    (d) Processes exempted from the affected source. The provisions of 
this subpart do not apply to research and development facilities.
    (e) Storage tank ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (e)(1) through (5) 
of this section to determine to which PMPU a storage tank shall belong. 
If an owner or operator produces only pharmaceutical products, the 
procedures specified in paragraphs (e)(1) through (5) of this section 
are required only to determine applicability and demonstrate compliance 
with the pollution-prevention alternative specified in Sec.  63.1252(e), 
or to determine new source applicability for a PMPU dedicated to 
manufacturing a single product as specified in paragraph (b) of this 
section.
    (1) If a storage tank is dedicated to a single PMPU, the storage 
tank shall belong to that PMPU.
    (2) If a storage tank is shared among process units (including at 
least one PMPU), then the storage tank shall belong to the process unit 
located on the same plant site as the storage tank that has the greatest 
annual volume input into or output from the storage tank (i.e., said 
PMPU or process unit has the predominant use of the storage tank).
    (3) If predominant use cannot be determined for a storage tank that 
is shared among process units (including at least one PMPU), then the 
owner or operator shall assign the storage tank to any one of the PMPU's 
that shares it and is also subject to this subpart.
    (4) If the predominant use of a storage tank varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 21, 1998 for existing 
affected sources. For new affected sources, predominant use will be 
based on the first year after initial startup. The determination of 
predominant use shall be reported in the Notification of Compliance 
Status required by Sec.  63.1260(f). If the predominant use changes, the 
redetermination of predominant use shall be reported in the next 
Periodic report.
    (5) If the storage tank begins receiving material from (or sending 
material to) another PMPU, or ceases to receive material from (or send 
material to) a PMPU, or if the applicability of this subpart to a 
storage tank has been determined according to the provisions of 
paragraphs (e)(1) through (4) of this section and there is a significant 
change in the use of the storage tank that could reasonably change the 
predominant use, the owner or operator shall reevaluate the 
applicability of this subpart to the storage tank and report such 
changes to EPA in the next Periodic report.
    (f) Compliance dates. The compliance dates for affected sources are 
as follows:
    (1) An owner or operator of an existing affected source must comply 
with the provisions of this subpart no later than October 21, 2002.
    (2) An owner or operator of a new or reconstructed affected source 
must comply with the provisions of this subpart on August 29, 2000 or 
upon startup, whichever is later.
    (3) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 2, 1997 and before September 21, 1998 shall

[[Page 117]]

not be required to comply with this subpart until September 21, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000 and 
contained in the 40 CFR, part (63.1200-end), edition revised as of July 
1, 2000; and
    (ii) The owner or operator complies with the requirements published 
on April 2, 1997 (62 FR 15754) during the period until September 21, 
2001.
    (4) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after September 21, 1998 and before April 10, 2000 shall not be required 
to comply with this subpart until October 21, 2002 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000; and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and October 21, 2002.
    (5) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 10, 2000 and before August 29, 2000 shall not be required to 
comply with this subpart until August 29, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements published on April 10, 2000 (65 FR 19152); and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and August 29, 2001.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted no later than 120 days prior to the compliance dates 
specified in paragraphs (f) (1) through (5) of this section, except as 
provided in paragraph (f)(6)(ii) of this section. The dates specified in 
Sec.  63.6(i) for submittal of requests for extensions shall not apply 
to sources subject to this subpart.
    (ii) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (f)(6)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include the data described in Sec.  63.6(i)(6)(i) (A), 
(B), (C), and (D).
    (g) Applicability of this subpart. (1) Each provision set forth in 
this subpart shall apply at all times, except that the provisions set 
forth in Sec.  63.1255 of this subpart shall not apply during periods of 
nonoperation of the PMPU (or specific portion thereof) in which the 
lines are drained and depressurized resulting in the cessation of the 
emissions to which Sec.  63.1255 of this subpart applies.
    (2) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the emissions 
limitations of this subpart during times when emissions (or, where 
applicable, wastewater streams or residuals) are being routed to such 
items of equipment, if the shutdown would contravene emissions 
limitations of this subpart applicable to such items of equipment. This 
paragraph does not apply if the owner or operator must shut down the 
equipment to avoid damage to a PMPU or portion thereof.
    (3) At all times, each owner or operator must operate and maintain 
any affected source subject to the requirements of this subpart, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require the owner or operator to make any further 
efforts to reduce emissions if levels required by this standard have 
been achieved. Determination of whether such operation and maintenance 
procedures are being used will be based on information available to the 
Administrator which may include, but is not limited to, monitoring 
results, review

[[Page 118]]

of operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.
    (4) In response to an action to enforce the standards set forth in 
this subpart, an owner or operator may assert an affirmative defense to 
a claim for civil penalties for exceedances of such standards that are 
caused by a malfunction, as defined in Sec.  63.2. Appropriate penalties 
may be assessed, however, if owner or operator fails to meet the burden 
of proving all the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (i) To establish the affirmative defense in any action to enforce 
such a limit, the owners or operators of a facility must timely meet the 
notification requirements of paragraph (g)(4)(ii) of this section, and 
must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and 
unavoidable failure of air pollution control and monitoring equipment, 
or a process to operate in a normal and usual manner; and could not have 
been prevented through careful planning, proper design, or better 
operation and maintenance practices; and did not stem from any activity 
or event that could have been foreseen and avoided, or planned for; and 
were not part of a recurring pattern indicative of inadequate design, 
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs;
    (C) The frequency, amount, and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health;
    (F) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices;
    (G) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause 
analysis, the purpose of which is to determine, correct, and eliminate 
the primary causes of the malfunction and the excess emissions resulting 
from the malfunction event at issue. The analysis shall also specify, 
using the best monitoring methods and engineering judgment, the amount 
of excess emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility 
experiencing an exceedance of its emission limit(s) during a malfunction 
shall notify the Administrator by telephone or facsimile (FAX) 
transmission as soon as possible, but no later than 2 business days 
after the initial occurrence of the malfunction, if it wishes to avail 
itself of an affirmative defense to civil penalties for that 
malfunction. The owner or operator seeking to assert an affirmative 
defense shall also submit a written report to the Administrator within 
45 days of the initial occurrence of the exceedance of the standard in 
this subpart to demonstrate, with all necessary supporting 
documentation, that it has met the requirements set forth in paragraph 
(g)(4)(i) of this section. The owner or operator may seek an extension 
of this deadline for up to 30 additional days by submitting a written 
request to the Administrator before the expiration of the 45 day period. 
Until a request for an extension has been approved by the Administrator, 
the owner or operator is subject to the requirement to submit such 
report within 45 days of the initial occurrence of the exceedance.
    (h) Consistency with other regulations--(1) Compliance with other 
MACT standards. (i) After the compliance dates

[[Page 119]]

specified in this section, an affected source subject to the provisions 
of this subpart that is also subject to the provisions of any other 
subpart of this part 63 may elect to comply with either the provisions 
of this subpart or the provisions of another applicable subpart 
governing the maintenance of records and reporting to EPA. The affected 
source shall identify in the Notification of Compliance Status report 
required by Sec.  63.1260(f) under which authority such records will be 
maintained.
    (ii) After the compliance dates specified in paragraph (f) of this 
section, at an offsite reloading or cleaning facility subject to Sec.  
63.1253(f), compliance with the emission standards and associated 
initial compliance, monitoring, recordkeeping, and reporting provisions 
of any other subpart of this part 63 constitutes compliance with the 
provisions of Sec.  63.1253(f)(7) (ii) or (iii). The owner or operator 
of the affected storage tank shall identify in the Notification of 
Compliance Status report required by Sec.  63.1260(f) the subpart of 
this part 63 with which the owner or operator of the offsite reloading 
or cleaning facility complies.
    (2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (i) After the compliance dates specified in this section, if any 
control device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart 
AA, BB, or CC, or is subject to monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC, and the owner or 
operator complies with the periodic reporting requirements under 40 CFR 
part 264, subpart AA, BB, or CC that would apply to the device if the 
facility had final-permitted status, the owner or operator may elect to 
comply either with the monitoring, recordkeeping, and reporting 
requirements of this subpart, or with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, as described in 
this paragraph, which shall constitute compliance with the monitoring, 
recordkeeping, and reporting requirements of this subpart. If the owner 
or operator elects to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, the owner or 
operator shall report all information required by Sec.  63.1260(g) and 
(i). The owner or operator shall identify in the Notification of 
Compliance Status, required by Sec.  63.1260(f), the monitoring, 
recordkeeping, and reporting authority under which the owner or operator 
will comply.
    (ii) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to Sec.  63.1255, is 
also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, 
subpart BB, then compliance with the recordkeeping and reporting 
requirements of 40 CFR parts 264 and/or 265 may be used to comply with 
the recordkeeping and reporting requirements of Sec.  63.1255, to the 
extent that the requirements of 40 CFR parts 264 and/or 265 duplicate 
the requirements of Sec.  63.1255. The owner or operator shall identify 
in the Notification of Compliance Status, required by Sec.  63.1260(f), 
if the owner or operator will comply with the recordkeeping and 
reporting authority under 40 CFR parts 264 and/or 265.
    (3) Compliance with 40 CFR 60.112(b). After the compliance dates 
specified in this section, a storage tank controlled with a floating 
roof and in compliance with the provisions of 40 CFR 60.112b, subpart 
Kb, constitutes compliance with the provisions of this subpart GGG. A 
storage tank with a fixed roof, closed vent system, and control device 
in compliance with the provisions of 40 CFR 60.112b, subpart Kb must 
comply with the monitoring, recordkeeping, and reporting provisions of 
this subpart GGG. The owner or operator shall identify in the 
Notification of Compliance Status report required by Sec.  63.1260(f) 
which tanks are in compliance with subpart Kb.
    (4) Compliance with subpart I of this part. After the compliance 
dates specified in this section, an affected source with equipment 
subject to subpart I of this part may elect to comply with either the 
provisions of Sec.  63.1255 or the provisions of subpart H of this part 
for all such equipment. The owner or operator shall identify in the 
Notification of Compliance Status report required by Sec.  63.1260(f) 
the provisions with which the owner elects to comply.

[[Page 120]]

    (5) Compliance with other regulations for wastewater. After the 
compliance dates specified in this section, the owner or operator of an 
affected wastewater stream that is also subject to provisions in 40 CFR 
parts 260 through 272 may elect to determine whether this subpart or 40 
CFR parts 260 through 272 contain the more stringent control 
requirements (e.g., design, operation, and inspection requirements for 
waste management units; numerical treatment standards; etc.) and the 
more stringent testing, monitoring, recordkeeping, and reporting. 
Compliance with provisions of 40 CFR parts 260 through 272 that are 
determined to be more stringent than the requirements of this subpart 
constitutes compliance with this subpart. For example, provisions of 40 
CFR parts 260 through 272 for treatment units that meet the conditions 
specified in Sec.  63.1256(g)(13) constitute compliance with this 
subpart. In the Notification of Compliance Status report required by 
Sec.  63.1260(f), the owner or operator shall identify the more 
stringent provisions of 40 CFR parts 260 through 272 with which the 
owner or operator will comply. The owner or operator shall also identify 
in the Notification of Compliance Status report required by Sec.  
63.1260(f) the information and procedures used to make any stringency 
determinations. If the owner or operator does not elect to determine the 
more stringent requirements, the owner or operator must comply with both 
the provisions of 40 CFR parts 260 through 272 and the provisions of 
this subpart.
    (6) Compliance with subpart PPP of this part. After the compliance 
dates specified in this section, an affected source with equipment in a 
pharmaceutical manufacturing process unit that is also part of an 
affected source under subpart PPP of this part may elect to demonstrate 
compliance with Sec.  63.1254 by controlling all process vents in 
accordance with Sec.  63.1425 (b), (c)(1), (c)(3), (d), and/or (f). 
Alternatively, the owner or operator may elect to determine which 
process vents must be controlled to comply with the percent reduction 
requirements of Sec.  63.1254 and control only those vents in accordance 
with Sec.  63.1425 (b), (c)(1), (c)(3), (d), and/or (f). For any 
pharmaceutical manufacturing process unit controlled in accordance with 
the requirements of Sec.  63.1425, the owner or operator must also 
comply with all other requirements in subpart PPP of this part. In the 
Notification of Compliance Status report required by Sec.  63.1260(f), 
the owner or operator shall identify which pharmaceutical manufacturing 
process units are meeting the control requirements for process vents and 
all other requirements of subpart PPP of this part, and the owner or 
operator shall describe the calculations and other information used to 
identify which process vents must be controlled to comply with the 
percent reduction requirements of Sec.  63.1254, if applicable.
    (i) For the purposes of establishing whether a person is in 
violation of this subpart, nothing in this subpart shall preclude the 
use of any credible evidence or information relevant to whether a source 
would have been in compliance with applicable requirements.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52596, Aug. 29, 2000; 
66 FR 40131, Aug. 2, 2001; 76 FR 22599, Apr. 21, 2011]



Sec.  63.1251  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section. If the same term is defined in subpart A 
of this part and in this section, it shall have the meaning given in 
this section for the purposes of this subpart.
    Active ingredient means any material that is intended to furnish 
pharmacological activity or other direct effect in the diagnosis, cure, 
mitigation, treatment, or prevention of disease, or to affect the 
structure or any function of the body of man or other animals. This term 
does not include food, food additives (except vitamins and other 
materials described by SIC code 2833 or 2834), color additives, 
cosmetics, in-vitro diagnostic substances, x-ray film, test indicator 
devices, and medical devices such as implants, artificial joints, 
surgical bandages, and stitching material.
    Actual HAP emissions means the HAP emitted to the atmosphere from 
either uncontrolled or controlled emission points.
    Affirmative defense means, in the context of an enforcement 
proceeding, a

[[Page 121]]

response or a defense put forward by a defendant, regarding which the 
defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Air pollution control device or Control device means equipment 
installed on a process vent, storage tank, wastewater treatment exhaust 
stack, or combination thereof that reduces the mass of HAP emitted to 
the air. The equipment may consist of an individual device or a series 
of devices. Examples include, but are not limited to, incinerators, 
carbon adsorption units, condensers, flares, boilers, process heaters, 
and gas absorbers. Process condensers are not considered air pollution 
control devices or control devices.
    Annual average concentration, as used in the wastewater provisions 
in Sec.  63.1256, means the total mass of partially soluble and/or 
soluble HAP compounds in a wastewater stream during the calendar year 
divided by the total mass of the wastewater stream discharged during the 
same calendar year, as determined according to the procedures specified 
in Sec.  63.1257(e)(1) (i) and (ii).
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode. For example, a displacement of vapor 
resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flowrate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vapor. Both emission episodes may occur in the same vessel or unit 
operation. There are possibly other emission episodes that may occur 
from the vessel or other process equipment, depending on process 
operations.
    Batch operation or Batch process means a noncontinuous operation 
involving intermittent or discontinuous feed into equipment, and, in 
general, involves the emptying of the equipment after the batch 
operation ceases and prior to beginning a new operation. Addition of raw 
material and withdrawal of product do not occur simultaneously in a 
batch operation.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is capable of being located on a 
laboratory bench top. This bench-scale equipment will typically include 
reagent feed vessels, a small reactor and associated product separator, 
recovery and holding equipment. These processes are only capable of 
producing small quantities of product.
    Block means a time period that comprises a single batch.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator. Boiler also means 
any industrial furnace as defined in 40 CFR 260.10.
    Centralized combustion control device (CCCD) means enclosed 
combustion devices that are used to control process vent emissions from 
non-dedicated PMPU's at a facility. Centralized combustion control 
devices may also be used to control emissions from source types 
including, but not limited to, storage tanks, waste management units, 
and equipment leaks.
    Cleaning operation means routine rinsing, washing, or boil-off of 
equipment in batch operations between batches.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from the 
treatment process are routed to either a control device by means of a 
closed-vent system or by means of hard-piping. The tank or surface 
impoundment has a fixed roof, as defined in this section, or a floating 
flexible membrane cover that meets the requirements specified in Sec.  
63.1256(c).

[[Page 122]]

    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed-vent system.
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of HAP vapors.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined as described in Sec.  
63.1255(b)(1)(vii) and Sec.  63.1255(f)(3).
    Construction means the onsite fabrication, erection, or installation 
of an affected source or a PMPU. Addition of new equipment to a PMPU 
subject to existing source standards does not constitute construction, 
but it may constitute reconstruction of the affected source or PMPU if 
it satisfies the definition of reconstruction in this section.
    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If a HAP is generated in 
the process as well as added as a raw material, consumption includes the 
quantity generated in the process.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m\3\ in which a material is stored, transported, treated, or otherwise 
handled. Examples of containers are drums, barrels, tank trucks, barges, 
dumpsters, tank cars, dump trucks, and ships.
    Continuous process means a process where the inputs and outputs flow 
continuously throughout the duration of the process. Continuous 
processes are typically steady state.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage tank and the 
edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Control device, for purposes of this Sec.  63.1255, means any 
equipment used for recovering or oxidizing organic hazardous air 
pollutant vapors. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, flares, boilers, and process 
heaters.
    Controlled HAP emissions means the quantity of HAP discharged to the 
atmosphere from an air pollution control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed to 
minimize air emissions. A cover may have openings necessary for 
operation, inspection, and maintenance of the waste management unit such 
as access hatches, sampling ports, and gauge wells provided that each 
opening is closed when not in use. Examples of covers include a fixed 
roof installed on a wastewater tank, a lid installed on a container, and 
an air-supported enclosure installed over a waste management unit.

[[Page 123]]

    Dedicated PMPU means a PMPU that is composed of equipment that is 
used to manufacture the same product for a continuous period of 6 months 
or greater. The PMPU includes any shared storage tank(s) that are 
determined to belong to the PMPU according to the procedures in Sec.  
63.1250(e).
    Dense gas system means a conveyance system operated to limit oxygen 
levels below 12 percent.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Enhanced biological treatment system or enhanced biological 
treatment process means an aerated, thoroughly mixed treatment unit(s) 
that contains biomass suspended in water followed by a clarifier that 
removes biomass from the treated water and recycles recovered biomass to 
the aeration unit. The mixed liquor volatile suspended solids (biomass) 
is greater than 1 kilogram per cubic meter throughout each aeration 
unit. The biomass is suspended and aerated in the water of the aeration 
unit(s) by either submerged air flow or mechanical agitation. A 
thoroughly mixed treatment unit is a unit that is designed and operated 
to approach or achieve uniform biomass distribution and organic compound 
concentration throughout the aeration unit by quickly dispersing the 
recycled biomass and the wastewater entering the unit.
    Equipment, for purposes of Sec.  63.1255, means each pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, connector, and instrumentation 
system in organic hazardous air pollutant service; and any control 
devices or closed-vent systems required by this subpart.
    Excipient means any substance other than the active drug or product 
which has been appropriately evaluated for safety and is included in a 
drug delivery system to either aid the processing of the drug delivery 
system during its manufacture; protect, support, or enhance stability, 
bioavailablity, or patient acceptability; assist in product 
identification; or enhance any other attribute of the overall safety and 
effectiveness of the drug delivery system during storage or use.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a storage tank or waste 
management unit with no fixed roof.
    Fill or filling means the introduction of material into a storage 
tank or the introduction of a wastewater stream or residual into a waste 
management unit, but not necessarily to complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage tank in a stationary manner and that does not move with 
fluctuations in liquid level.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage tank wall.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Formulation means the process of mixing, blending, or diluting one 
or more active or inert ingredients with one or more active or inert 
ingredients, without an intended chemical reaction, to obtain a 
pharmaceutical dosage form. Formulation operations include mixing, 
compounding, blending, and tablet coating.
    Group of processes means all of the equipment associated with 
processes in a building, processing area, or facility-wide. For a 
dedicated process, a group of processes may consist of a single process.
    Halogen atoms mean atoms of chlorine or fluorine.

[[Page 124]]

    Halogenated compounds means organic HAP compounds that contain 
halogen atoms.
    Halogenated vent stream or Halogenated stream means a process, 
storage tank, or waste management unit vent determined to have a 
concentration of halogenated compounds of greater than 20 ppmv, as 
determined through process knowledge, test results using Method 18 of 40 
CFR part 60, appendix A, or test results using any other test method 
that has been validated according to the procedures in Method 301 of 
appendix A of this part.
    Hard-piping means piping or tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31-3.
    Hydrogen halides and halogens means hydrogen chloride (HCl), 
chlorine (Cl\2\), and hydrogen fluoride (HF).
    In gas/vapor service means that a piece of equipment in organic 
hazardous air pollutant service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in organic 
hazardous air pollutant service contains a liquid that meets the 
following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C;
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C is equal to or greater than 20 percent by weight of the total 
process stream; and
    (3) The fluid is a liquid at operating conditions. (Note: Vapor 
pressures may be determined by the methods described in 40 CFR 
60.485(e)(1).)
    In liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contacts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec.  63.180(d). The 
provisions of Sec.  63.180(d) also specify how to determine that a piece 
of equipment is not in organic HAP service.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Individual drain system means the stationary system used to convey 
wastewater streams or residuals to a waste management unit. The term 
includes hard piping; all process drains and junction boxes; and 
associated sewer lines, other junction boxes, manholes, sumps, and lift 
stations conveying wastewater streams or residuals. A segregated 
stormwater sewer system, which is a drain and collection system designed 
and operated for the sole purpose of collecting rainfall-runoff at a 
facility, and which is segregated from all other individual drain 
systems, is excluded from this definition.
    Initial startup means the first time a new or reconstructed source 
begins production. Initial startup does not include operation solely for 
testing equipment. Initial startup does not include subsequent start ups 
(as defined in this section) of processes following malfunctions or 
process shutdowns.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage tank or waste management unit that has a permanently affixed 
roof.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 0.5 inches and smaller, and connectors nominally 0.75 
inches and smaller in diameter are considered instrumentation systems 
for the purposes of this subpart. Valves greater than nominally 0.5

[[Page 125]]

inches and connectors greater than nominally 0.75 inches associated with 
instrumentation systems are not considered part of instrumentation 
systems and must be monitored individually.
    Isolated intermediate means a product of a process. An isolated 
intermediate is usually a product of a chemical synthesis, fermentation, 
or biological extraction process; several different isolated 
intermediates may be produced in the manufacture of a finished dosage 
form of a drug. Precursors, active ingredients, or finished dosage forms 
are considered isolated intermediates. An isolated intermediate is 
stored before subsequent processing. Storage occurs at any time the 
intermediate is placed in equipment used solely for storage, such as 
drums, totes, day tanks, and storage tanks. The storage of an isolated 
intermediate marks the end of a process.
    Junction box means a manhole or access point to a wastewater sewer 
system line or a lift station.
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tons/yr, before control.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage tank or waste 
management unit and the floating roof. The seal is mounted continuously 
around the tank or unit.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquid dripping include puddling or new stains that are indicative of an 
existing evaporated drip.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the pharmaceutical manufacturing 
process unit into an individual drain system in preparation for or 
during maintenance activities. Maintenance wastewater can be generated 
during planned and unplanned shutdowns and during periods not associated 
with a shutdown. Examples of activities that can generate maintenance 
wastewater include descaling of heat exchanger tubing bundles, cleaning 
of distillation column traps, draining of pumps into an individual drain 
system, and draining of portions of the pharmaceutical manufacturing 
process unit for repair. Wastewater from cleaning operations is not 
considered maintenance wastewater.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, emissions 
monitoring equipment, process equipment, or a process to operate in a 
normal or usual manner which causes, or has the potential to cause, the 
emission limitations in an applicable standard to be exceeded. Failures 
that are caused all or in part by poor maintenance or careless operation 
are not malfunctions.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored or transferred liquid at 
the temperature equal to the highest calendar-month average of the 
liquid storage or transferred temperature for liquids stored or 
transferred above or below the ambient temperature or at the local 
maximum monthly average temperature as reported by the National Weather 
Service for liquids stored or transferred at the ambient temperature, as 
determined:
    (1) In accordance with methods described in Chapter 19.2 of the 
American Petroleum Institute's Manual of Petroleum Measurement 
Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by 
reference as specified in Sec.  63.14); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship 
and Initial Decomposition Temperature of Liquids by Isoteniscope 
(incorporated by reference as specified in Sec.  63.14); or
    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage tank by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other

[[Page 126]]

means. A flexible coated fabric (envelope) spans the annular space 
between the metal sheet and the floating roof.
    Nondedicated formulation operations means equipment used to 
formulate numerous products.
    Nondedicated recovery device(s) means a recovery device that 
receives material from more than one PMPU.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
shutdown.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to atmosphere, either directly or through open piping.
    Operating scenario for the purposes of reporting and recordkeeping, 
means any specific operation of a PMPU and includes for each process:
    (1) A description of the process and the type of process equipment 
used;
    (2) An identification of related process vents and their associated 
emissions episodes and durations, wastewater PODs, and storage tanks;
    (3) The applicable control requirements of this subpart, including 
the level of required control, and for vents, the level of control for 
each vent;
    (4) The control or treatment devices used, as applicable, including 
a description of operating and/or testing conditions for any associated 
control device;
    (5) The process vents, wastewater PODs, and storage tanks (including 
those from other processes) that are simultaneously routed to the 
control or treatment device(s);
    (6) The applicable monitoring requirements of this subpart and any 
parametric level that assures compliance for all emissions routed to the 
control or treatment device;
    (7) Calculations and engineering analyses required to demonstrate 
compliance; and
    (8) For reporting purposes, a change to any of these elements not 
previously reported, except for paragraph (5) of this definition, shall 
constitute a new operating scenario.
    Partially soluble HAP means a HAP listed in Table 2 of this subpart.
    Pharmaceutical manufacturing operations means the facilitywide 
collection of PMPU and any other equipment such as heat exchanger 
systems, wastewater and waste management units, or cooling towers that 
are not associated with an individual PMPU, but that are located at a 
facility for the purpose of manufacturing pharmaceutical products and 
are under common control.
    Pharmaceutical manufacturing process unit (PMPU) means the process, 
as defined in this subpart, and any associated storage tanks, equipment 
identified in Sec.  63.1252(f), and components such as pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, and 
instrumentation systems that are used in the manufacturing of a 
pharmaceutical product.
    Pharmaceutical product means any of the following materials, 
excluding any material that is a nonreactive solvent, excipient, binder, 
or filler, or any material that is produced in a chemical manufacturing 
process unit that is subject to the requirements of subparts F and G of 
this part 63:
    (1) Any material described by the standard industrial classification 
(SIC) code 2833 or 2834; or
    (2) Any material whose manufacturing process is described by North 
American Industrial Classification System (NAICS) code 325411 or 325412; 
or
    (3) A finished dosage form of a drug, for example, a tablet, 
capsule, solution, etc.; or
    (4) Any active ingredient or precursor that is produced at a 
facility whose primary manufacturing operations are described by SIC 
code 2833 or 2834; or
    (5) At a facility whose primary operations are not described by SIC 
code 2833 or 2834, any material whose primary use is as an active 
ingredient or precursor.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity,

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parent entity, subsidiary, or any combination thereof.
    Point of determination (POD) means the point where a wastewater 
stream exits the process, storage tank, or last recovery device. If 
soluble and/or partially soluble HAP compounds are not recovered from 
water before discharge, the discharge point from the process equipment 
or storage tank is a POD. If water streams are routed to a recovery 
device, the discharge from the recovery device is a POD. There can be 
more than 1 POD per process or PMPU.
    Precursor means a material that is manufactured to undergo further 
chemical change or processing to ultimately manufacture an active 
ingredient or finished dosage form of a drug. This term does not include 
commodity chemicals produced by the synthetic organic chemical 
manufacturing industry.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 psig or by a vacuum are not 
pressure relief devices.
    Primary use means 50 percent or more of a material is used for a 
particular purpose.
    Process means all equipment which collectively function to produce a 
pharmaceutical product or isolated intermediate (which is also a 
pharmaceutical product). A process may consist of one or more unit 
operations. For the purposes of this subpart, process includes any, all, 
or a combination of reaction, recovery, separation, purification, or 
other activity, operation, manufacture, or treatment which are used to 
produce a pharmaceutical product or isolated intermediate. Cleaning 
operations conducted are considered part of the process. Nondedicated 
solvent recovery operations located within a contiguous area within the 
affected source are considered single processes. A storage tank that is 
used to accumulate used solvent from multiple batches of a single 
process for purposes of solvent recovery does not represent the end of 
the process. Nondedicated formulation operations occurring within a 
contiguous area are considered a single process that is used to 
formulate numerous materials and/or products. Quality assurance and 
quality control laboratories are not considered part of any process. 
Ancillary activities are not considered a process or part of any 
process. Ancillary activities include boilers and incinerators (not used 
to comply with the provisions of Sec.  63.1253, Sec.  63.1254, or Sec.  
63.1256(h)), chillers and refrigeration systems, and other equipment and 
activities that are not directly involved (i.e., they operate within a 
closed system and materials are not combined with process fluids) in the 
processing of raw materials or the manufacturing of a pharmaceutical 
product.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a process. The condenser must 
support a vapor-to-liquid phase change for periods of source equipment 
operation that are at or above the boiling or bubble point of 
substance(s) at the liquid surface. Examples of process condensers 
include distillation condensers, reflux condensers, and condensers used 
in stripping or flashing operations. In a series of condensers, all 
condensers up to and including the first condenser with an exit gas 
temperature below the boiling or bubble point of the substance(s) at the 
liquid surface are considered to be process condensers. All condensers 
in line prior to a vacuum source are included in this definition.
    Process shutdown means a work practice or operational procedure that 
stops production from a process or part of a process during which it is 
technically feasible to clear process material from a process or part of 
a process consistent with safety constraints and during which repairs 
can be effected. An unscheduled work practice or operational procedure 
that stops production from a process or part of a process for less than 
24 hours is not a process

[[Page 128]]

shutdown. An unscheduled work practice or operational procedure that 
would stop production from a process or part of a process for a shorter 
period of time than would be required to clear the process or part of 
the process of materials and start up the process, and would result in 
greater emissions than delay of repair of leaking components until the 
next scheduled process shutdown, is not a process shutdown. The use of 
spare equipment and technically feasible bypassing of equipment without 
stopping production are not process shutdowns.
    Process tank means a tank that is used to collect material 
discharged from a feedstock storage tank or unit operation and to 
transfer this material to another unit operation within the process or 
to a product storage tank. Surge control vessels and bottoms receivers 
that fit these conditions are considered process tanks. Product storage 
tanks are considered process tanks and are part of the PMPU that produce 
the stored material. For the purposes of this subpart, vents from 
process tanks are considered process vents.
    Process vent means a vent from a unit operation or vents from 
multiple unit operations within a process that are manifolded together 
into a common header, through which a HAP-containing gas stream is, or 
has the potential to be, released to the atmosphere. Examples of process 
vents include, but are not limited to, vents on condensers used for 
product recovery, bottom receivers, surge control vessels, reactors, 
filters, centrifuges, and process tanks. Emission streams that are 
undiluted and uncontrolled containing less than 50 ppmv HAP, as 
determined through process knowledge that no HAP are present in the 
emission stream or using an engineering assessment as discussed in Sec.  
63.1257(d)(2)(ii); test data using Method 18 of 40 CFR part 60, appendix 
A-6; Method 320 of 40 CFR part 63; or any other test method that has 
been validated according to the procedures in Method 301 of appendix A 
of this part, are not considered process vents. Process vents do not 
include vents on storage tanks regulated under Sec.  63.1253, vents on 
wastewater emission sources regulated under Sec.  63.1256, or pieces of 
equipment regulated under Sec.  63.1255.
    Production-indexed HAP consumption factor is the result of dividing 
the annual consumption of total HAP by the annual production rate, per 
process.
    Production-indexed volatile organic compound (VOC) consumption 
factor is the result of dividing the annual consumption of total VOC by 
the annual production rate, per process.
    Publicly owned treatment works (POTW) means any devices and systems 
used in the storage, treatment, recycling, and reclamation of municipal 
sewage or industrial wastes of a liquid nature as defined in section 
212(2)(A) of the Clean Water Act, as amended [33 U.S.C. Sec.  
1292(2)(A)]. A POTW includes the treatment works, intercepting sewers, 
outfall sewers, sewage collection systems, pumping, power, and other 
equipment. The POTW is defined at 40 CFR 403.3(o).
    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed.
    Reconstruction, as used in Sec.  63.1250(b), shall have the meaning 
given in Sec.  63.2, except that ``affected or previously unaffected 
stationary source'' shall mean either ``affected facility'' or ``PMPU.'' 
As used in Sec.  63.1254(a)(3)(ii)(A)(3), reconstruction shall have the 
meaning given in Sec.  63.2, except that ``source'' shall mean ``control 
device.''
    Recovery device, as used in the wastewater provisions, means an 
individual unit of equipment used for the purpose of recovering 
chemicals for fuel value (i.e., net positive heating value), use, reuse, 
or for sale for fuel value, use or reuse. Examples of equipment that may 
be recovery devices include organic removal devices such as decanters, 
strippers, or thin-film evaporation units. To be a recovery device, a 
decanter and any other equipment based on the operating principle of 
gravity separation must receive only two-phase liquid streams.
    Repaired means that equipment:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable paragraphs of Sec.  63.1255, and;

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    (2) Is, unless otherwise specified in applicable provisions of Sec.  
63.1255, monitored as specified in Sec.  63.180(b) and (c) as 
appropriate, to verify that emissions from the equipment are below the 
applicable leak definition.
    Research and development facility means any stationary source whose 
primary purpose is to conduct research and development into new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel, and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Residual means any HAP-containing liquid or solid material that is 
removed from a wastewater stream by a waste management unit or treatment 
process that does not destroy organics (nondestructive unit). Examples 
of residuals from nondestructive waste management units are: the organic 
layer and bottom residue removed by a decanter or organic-water 
separator and the overheads from a steam stripper or air stripper. 
Examples of materials which are not residuals are: silt; mud; leaves; 
bottoms from a steam stripper or air stripper; and sludges, ash, or 
other materials removed from wastewater being treated by destructive 
devices such as biological treatment units and incinerators.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, combustible, explosive, reactive, or hazardous materials.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process system 
operating pressure.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Shutdown means the cessation of operation of a continuous process 
for any purpose. Shutdown also means the cessation of a batch process or 
any related individual piece of equipment required or used to comply 
with this subpart as a result of a malfunction or for replacement of 
equipment, repair, or any other purpose not excluded from this 
definition. Shutdown also applies to emptying and degassing storage 
vessels. Shutdown does not apply to cessation of a batch process at the 
end of a campaign, for routine maintenance, for rinsing or washing of 
equipment between batches, or other routine operations.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage tank 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.

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    Small control device means a control device that controls total HAP 
emissions of less than 10 tons/yr, before control.
    Soluble HAP means a HAP listed in Table 3 of this subpart.
    Standard batch means a batch process operated within a range of 
operating conditions that are documented in an operating scenario. 
Emissions from a standard batch are based on the operating conditions 
that result in highest emissions. The standard batch defines the 
uncontrolled and controlled emissions for each emission episode defined 
under the operating scenario.
    Startup means the setting in operation of a continuous process unit 
for any purpose; the first time a new or reconstructed batch process 
unit begins production; for new equipment added, including equipment 
used to comply with this subpart, the first time the equipment is put 
into operation; or, for the introduction of a new product/process, the 
first time the product or process is run in equipment. For batch process 
units, startup does not apply to the first time the equipment is put 
into operation at the start of a campaign to produce a product that has 
been produced in the past, after a shutdown for maintenance, or when the 
equipment is put into operation as part of a batch within a campaign. As 
used in Sec.  63.1255, startup means the setting in operation of a piece 
of equipment or a control device that is subject to this subpart.
    Storage tank means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP as raw material feedstocks. 
Storage tank also means a tank or other vessel in a tank farm that 
receives and accumulates used solvent from multiple batches of a process 
or processes for purposes of solvent recovery. The following are not 
considered storage tanks for the purposes of this subpart:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels storing organic liquids that contain HAP only as 
impurities;
    (4) Wastewater storage tanks; and
    (5) Process tanks (including product tanks and isolated intermediate 
tanks).
    Supplemental gases are any gaseous streams that are not defined as 
process vents, or closed-vent systems from wastewater management and 
treatment units, storage tanks, or equipment components and that contain 
less than 50 ppmv TOC, as determined through process knowledge, that are 
introduced into vent streams or manifolds. Air required to operate 
combustion device burner(s) is not considered supplemental gas.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, manmade excavation, or diked area formed 
primarily of earthen materials (although it may be lined with manmade 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids. A surface impoundment is used for the 
purpose of treating, storing, or disposing of wastewater or residuals, 
and is not an injection well. Examples of surface impoundments are 
equalization, settling, and aeration pits, ponds, and lagoons.
    System flowrate means the flowrate of gas entering the control 
device.
    Total organic compounds (TOC) means those compounds measured 
according to the procedures of Method 18 or Method 25A, 40 CFR part 60, 
appendix A.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a steam 
stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec.  63.1256. Most treatment 
processes are conducted in tanks. Treatment processes are a subset of 
waste management units.
    Uncontrolled HAP emissions means a gas stream containing HAP which 
has exited the process (or process condenser, if any), but which has not 
yet been introduced into an air pollution control device to reduce the 
mass of HAP in the stream. If the process vent is not routed to an air 
pollution control device, uncontrolled emissions are

[[Page 131]]

those HAP emissions released to the atmosphere.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. Equipment used for these purposes includes but is not 
limited to reactors, distillation columns, extraction columns, 
absorbers, decanters, dryers, condensers, and filtration equipment.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage tank or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Volatile organic compounds (VOC) means those materials defined in 40 
CFR 51.100.
    Waste management unit means the equipment, structure(s),and or 
devices used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include wastewater 
tanks, air flotation units, surface impoundments, containers, oil-water 
or organic-water separators, individual drain systems, biological 
wastewater treatment units, waste incinerators, and organic removal 
devices such as steam and air stripper units, and thin film evaporation 
units. If such equipment is used for recovery then it is part of a 
pharmaceutical process and is not a waste management unit.
    Wastewater means any portion of an individual wastewater stream or 
any aggregation of wastewater streams.
    Wastewater stream means water that is discarded from a PMPU through 
a single POD, that contains an annual average concentration of partially 
soluble and/or soluble HAP compounds of at least 5 parts per million by 
weight and a load of at least 0.05 kg/yr. The following are not 
considered wastewater streams for the purposes of this subpart:
    (1) Stormwater from segregated sewers;
    (2) Water from fire-fighting and deluge systems, including testing 
of such systems;
    (3) Spills;
    (4) Water from safety showers;
    (5) Samples of a size not greater than reasonably necessary for the 
method of analysis that is used;
    (6) Equipment leaks;
    (7) Wastewater drips from procedures such as disconnecting hoses 
after clearing lines; and
    (8) Noncontact cooling water.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of nonearthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g., flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52598, Aug. 29, 2000; 
71 FR 20459, Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011; 79 FR 11284, 
Feb. 27, 2014]



Sec.  63.1252  Standards: General.

    Each owner or operator of any affected source subject to the 
provisions of this subpart shall control HAP emissions to the level 
specified in this section on and after the compliance dates specified in 
Sec.  63.1250(f). Initial compliance with the emission limits is 
demonstrated in accordance with the provisions of Sec.  63.1257, and 
continuous compliance is demonstrated in accordance with the provisions 
of Sec.  63.1258.
    (a) Opening of a safety device. Opening of a safety device, as 
defined in Sec.  63.1251, is allowed at any time conditions require it 
to do so to avoid unsafe conditions.
    (b) Closed-vent systems. The owner or operator of a closed-vent 
system that contains bypass lines that could divert a vent stream away 
from a control device used to comply with the requirements in Sec. Sec.  
63.1253, 63.1254, and 63.1256 shall comply with the requirements of 
Table 4 to this subpart and paragraph

[[Page 132]]

(b)(1) or (2) of this section. Equipment such as low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, rupture disks 
and pressure relief valves needed for safety purposes are not subject to 
this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be maintained as specified in Sec.  
63.1259(i)(6)(i). The flow indicator shall be installed at the entrance 
to any bypass line that could divert the vent stream away from the 
control device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car 
seal or lock and key type configuration. A visual inspection of the seal 
or closure mechanism shall be performed at least once every month to 
ensure that the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line. Records shall be 
maintained as specified in Sec.  63.1259(i)(6)(ii).
    (c) Heat exchange systems. Except as provided in paragraph (c)(2) of 
this section, owners and operators of affected sources shall comply with 
the requirements in paragraph (c)(1) of this section for heat exchange 
systems that cool process equipment or materials used in pharmaceutical 
manufacturing operations.
    (1) The heat exchange system shall be treated according to the 
provisions of Sec.  63.104, except that the monitoring frequency shall 
be no less than quarterly.
    (2) For identifying leaking equipment, the owner or operator of heat 
exchange systems on equipment which meet current good manufacturing 
practice (CGMP) requirements of 21 CFR part 211 may elect to use the 
physical integrity of the reactor as the surrogate indicator of heat 
exchange system leaks around the reactor.
    (d) Emissions averaging provisions. Except as specified in 
paragraphs (d)(1) through (5) of this section, owners or operators of 
storage tanks or processes subject to the provisions of Sec. Sec.  
63.1253 and 63.1254 may choose to comply by using emissions averaging 
requirements specified in Sec.  63.1257(g) or (h) for any storage tank 
or process.
    (1) A State may prohibit averaging of HAP emissions and require the 
owner or operator of an existing source to comply with the provisions in 
Sec. Sec.  63.1253 and 63.1254.
    (2) Only emission sources subject to the requirements of Sec.  
63.1253(b)(1) or (c)(1)(i) or Sec.  63.1254(a)(1)(i) may be included in 
any averaging group.
    (3) Processes which have been permanently shutdown or storage tanks 
permanently taken out of HAP service may not be included in any 
averaging group.
    (4) Processes and storage tanks already controlled on or before 
November 15, 1990 may not be included in an emissions averaging group, 
except where the level of control is increased after November 15, 1990. 
In these cases, the uncontrolled emissions shall be the controlled 
emissions as calculated on November 15, 1990 for the purpose of 
determining the uncontrolled emissions as specified in Sec.  63.1257(g) 
and (h).
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart may not be credited in an emission 
averaging group, unless the level of control has been increased after 
November 15, 1990 above what is required by the other State or Federal 
rule. Only the control above what is required by the other State or 
Federal rule will be credited. However, if an emission point has been 
used to generate emissions averaging credit in an approved emissions 
average, and the point is subsequently made subject to a State or 
Federal rule other than this subpart, the point can continue to generate 
emissions averaging credit for the purpose of complying with the 
previously approved average.
    (6) Not more than 20 processes subject to Sec.  63.1254(a)(1)(i), 
and 20 storage tanks subject to Sec.  63.1253(b)(1) or (c)(1)(i) at an 
affected source may be included in an emissions averaging group.
    (7) Compliance with the emission standards in Sec.  63.1253 shall be 
satisfied when the annual percent reduction efficiency is greater than 
or equal to 90 percent for those tanks meeting the criteria of Sec.  
63.1253(a)(1) and 95 percent for those tanks meeting the criteria of 
Sec.  63.1253(a)(2), as demonstrated using

[[Page 133]]

the test methods and compliance procedures specified in Sec.  
63.1257(g).
    (8) Compliance with the emission standards in Sec.  63.1254(a)(1)(i) 
shall be satisfied when the annual percent reduction efficiency is 
greater than or equal to 93 percent, as demonstrated using the test 
methods and compliance procedures specified in Sec.  63.1257(h).
    (e) Pollution prevention alternative. Except as provided in 
paragraph (e)(1) of this section, an owner or operator may choose to 
meet the pollution prevention alternative requirement specified in 
either paragraph (e)(2) or (3) of this section for any PMPU or for any 
situation described in paragraph (e)(4) of this section, in lieu of the 
requirements specified in Sec. Sec.  63.1253, 63.1254, 63.1255, and 
63.1256. Compliance with paragraphs (e)(2) and (3) of this section shall 
be demonstrated through the procedures in Sec.  63.1257(f). Any PMPU for 
which the owner or operator seeks to comply by using the pollution 
prevention alternative shall begin with the same starting material(s) 
and end with the same product(s). The owner or operator may not comply 
with the pollution prevention alternative by eliminating any steps of a 
process by transferring the step offsite (to another manufacturing 
location).
    (1) The HAP that are generated in the PMPU that are not part of the 
production-indexed consumption factor must be controlled according to 
the requirements of Sec. Sec.  63.1253, 63.1254, 63.1255, and 63.1256. 
The hydrogen halides that are generated as a result of combustion 
control of emissions must be controlled according to the requirements of 
paragraph (g)(1) of this section.
    (2) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 75 percent from a 3 year 
average baseline established no earlier than the 1987 calendar year, or 
for the time period from startup of the process until the present in 
which the PMPU was operational and data are available, whichever is the 
lesser time period. If a time period less than 3 years is used to set 
the baseline, the data must represent at least 1 year's worth of data. 
For any reduction in the HAP factor achieved by reducing a HAP that is 
also a VOC, an equivalent reduction in the VOC factor is also required. 
For any reduction in the HAP factor that is achieved by reducing a HAP 
that is not a VOC, the VOC factor may not be increased.
    (3) Both requirements specified in paragraphs (e)(3)(i) and (ii) of 
this section are met.
    (i) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 50 percent from a 3-year 
average baseline established no earlier than the 1987 calendar year, or 
for the time period from startup of the process until the present in 
which the PMPU was operational and data are available, whichever is 
less. If a time period less than 3 years is used to set the baseline, 
the data must represent at least 1 year's worth of data. For any 
reduction in the HAP factor achieved by reducing a HAP that is also a 
VOC, an equivalent reduction in the VOC factor is also required. For any 
reduction in the HAP factor that is achieved by reducing a HAP that is 
not a VOC, the VOC factor may not be increased.
    (ii) The total PMPU HAP emissions shall be reduced by an amount, in 
kg/yr, that, when divided by the annual production rate, in kg/yr, and 
added to the reduction of the production-indexed HAP consumption factor, 
in kg/kg, yields a value of at least 75 percent of the average baseline 
HAP production-indexed consumption factor established according to 
paragraph (e)(3)(i) of this section according to the equation provided 
in Sec.  63.1257(f)(2)(ii)(A). The total PMPU VOC emissions shall be 
reduced by an amount calculated according to the equation provided in 
Sec.  63.1257(f)(2)(ii)(B). The annual reduction in HAP and VOC air 
emissions must be due to the use of the following control devices:
    (A) Combustion control devices such as incinerators, flares or 
process heaters.
    (B) Control devices such as condensers and carbon adsorbers whose 
recovered product is destroyed or shipped offsite for destruction.
    (C) Any control device that does not ultimately allow for recycling 
of material back to the PMPU.
    (D) Any control device for which the owner or operator can 
demonstrate

[[Page 134]]

that the use of the device in controlling HAP emissions will have no 
effect on the production-indexed consumption factor for the PMPU.
    (4) The owner or operator may comply with the requirements in either 
paragraph (e)(2) or (3) of this section for a series of processes, 
including situations where multiple processes are merged, subject to the 
following conditions:
    (i) The baseline period shall be a single year beginning no earlier 
than the 1992 calendar year.
    (ii) The term ``PMPU'' shall have the meaning provided in Sec.  
63.1251 except that the baseline and modified PMPU may include multiple 
processes (i.e., precursors, active ingredients, and final dosage form) 
if the owner or operator demonstrates to the satisfaction of the 
Administrator that the multiple processes were merged after the baseline 
period into an existing process or processes.
    (iii) Nondedicated formulation and solvent recovery processes may 
not be merged with any other processes.
    (f) Control requirements for certain liquid streams in open systems 
within a PMPU. (1) The owner or operator shall comply with the 
provisions of Table 5 of this subpart, for each item of equipment 
meeting all the criteria specified in paragraphs (f)(2) through (4) and 
either paragraph (f)(5)(i) or (ii) of this section.
    (2) The item of equipment is of a type identified in Table 5 of this 
subpart;
    (3) The item of equipment is part of a PMPU, as defined in Sec.  
63.1251;
    (4) The item of equipment is controlled less stringently than in 
Table 5 of this subpart and the item of equipment is not otherwise 
exempt from controls by the provisions of this subpart or subpart A of 
this part; and
    (5) The item of equipment:
    (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or 
oil/water separator that conveys water with an annual average 
concentration greater than or equal to 1,300 parts per million by weight 
(ppmw) of partially soluble HAP compounds; or an annual average 
concentration greater than or equal to 5,200 ppmw of partially soluble 
and/or soluble HAP compounds. The annual average concentration shall be 
determined according to the procedures in Sec.  63.1257(e)(1)(ii).
    (ii) Is a tank that receives one or more streams that contain water 
with an annual average concentration greater than or equal to 1,300 ppmw 
of partially soluble HAP compounds, or greater than or equal to 5,200 
ppmw of total partially soluble and/or soluble HAP compounds. The owner 
or operator of the source shall determine the average concentration of 
the stream at the inlet to the tank and according to the procedures in 
Sec.  63.1257(e)(1)(ii).
    (g) Control requirements for halogenated vent streams that are 
controlled by combustion devices. If a combustion device is used to 
comply with the provisions of Sec. Sec.  63.1253 (storage tanks), 
63.1254 (process vents), 63.1256(h) (wastewater vent streams) for a 
halogenated vent stream, then the vent stream shall be ducted to a 
halogen reduction device such as, but not limited to, a scrubber, before 
it is discharged to the atmosphere. The halogen reduction device must 
reduce emissions by the amounts specified in either paragraph (g)(1) or 
(2) of this section.
    (1) A halogen reduction device after the combustion control device 
must reduce overall emissions of hydrogen halides and halogens, as 
defined in Sec.  63.1251, by 95 percent or to a concentration less than 
or equal to 20 ppmv.
    (2) A halogen reduction device located before the combustion control 
device must reduce the halogen atom content of the vent stream to a 
concentration less than or equal to 20 ppmv.
    (h) Planned routine maintenance for centralized combustion control 
devices. The owner or operator may operate non-dedicated PMPU's during 
periods of planned routine maintenance for CCCD in accordance with the 
provisions specified in paragraphs (h)(1) through (6) of this section.
    (1) For equipment leaks and wastewater emissions that normally are 
controlled by the CCCD, if any, the owner or operator must continue to 
comply with the requirements in Sec. Sec.  63.1255(b)(4)(ii) and 
63.1256(h), respectively, using other control devices during the planned 
routine maintenance period for the CCCD.

[[Page 135]]

    (2) During the planned routine maintenance period, the owner or 
operator must route emissions from process vents with organic HAP 
emissions greater than 15 pounds per day (lb/day) through a closed-vent 
system to a condenser that meets the conditions specified in paragraphs 
(h)(2)(i) through (iii) of this section.
    (i) The outlet gas temperature must be less than -50 [deg]C (-58 
[deg]F) when the emission stream contains organic HAP with a partial 
pressure greater than 20 kPa (2.9 psia).
    (ii) The outlet gas temperature must be less than -5 [deg]C (23 
[deg]F) when the emission stream contains organic HAP with a partial 
pressure less than or equal to 20 kPa (2.9 psia).
    (iii) The HAP partial pressures in paragraphs (h)(2)(i) and (ii) of 
this section must be determined at 25 [deg]C.
    (3) The owner or operator must route HCl emissions from process 
vents with HCl emissions greater than 15 lb/day through a closed-vent 
system to a caustic scrubber, and the pH of the scrubber effluent must 
be maintained at or above 9.
    (4) For the purposes of the emission calculations required in 
paragraphs (h)(2) and (3) of this section, the term ``process vent'' 
shall mean each vent from a unit operation. The emission calculation 
shall not be performed on the aggregated emission stream from multiple 
unit operations that are manifolded together into a common header. Once 
an affected process vent has been controlled in accordance with this 
section, it is no longer subject to the requirements of this section or 
Sec.  63.1254 during the routine maintenance period.
    (5) The total period of planned routine maintenance, during which 
non-dedicated PMPU's that are normally controlled by the CCCD continue 
to operate, and process vent emissions are controlled as specified in 
paragraphs (h)(2) and (3) of this section, must not exceed 240 hours in 
any 365-day period.
    (6) While being controlled as specified in paragraphs (h)(2) and (3) 
of this section, the process vents may not be used in emissions 
averaging.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52600, Aug. 29, 2000; 
66 FR 40131, Aug. 2, 2001]



Sec.  63.1253  Standards: Storage tanks.

    (a) Except as provided in paragraphs (d), (e), and (f) of this 
section, the owner or operator of a storage tank meeting the criteria of 
paragraph (a)(1) of this section is subject to the requirements of 
paragraph (b) of this section. Except as provided in paragraphs (d), 
(e), and (f) of this section, the owner or operator of a storage tank 
meeting the criteria of paragraph (a)(2) of this section is subject to 
the requirements of paragraph (c) of this section. Compliance with the 
provisions of paragraphs (b) and (c) of this section is demonstrated 
using the initial compliance procedures in Sec.  63.1257(c) and the 
monitoring requirements in Sec.  63.1258.
    (1) A storage tank with a design capacity greater than or equal to 
38 m\3\ but less than 75 m\3\ storing a liquid for which the maximum 
true vapor pressure of total HAP is greater than or equal to 13.1 kPa.
    (2) A storage tank with a design capacity greater than or equal to 
75 m\3\ storing a liquid for which the maximum true vapor pressure of 
total HAP is greater than or equal to 13.1 kPa.
    (b) The owner or operator of a storage tank shall equip the affected 
storage tank with either a fixed roof with internal floating roof, an 
external floating roof, an external floating roof converted to an 
internal floating roof, or a closed-vent system meeting the conditions 
of Sec.  63.1252(b) with a control device that meets any of the 
following conditions:
    (1) Reduces inlet emissions of total HAP by 90 percent by weight or 
greater;
    (2) Reduces emissions to outlet concentrations less than or equal to 
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and 
halogens;
    (3) Is an enclosed combustion device that provides a minimum 
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
    (4) Is a flare that meets the requirements of Sec.  63.11(b); or
    (5) Is a control device specified in Sec.  63.1257(a)(4).
    (c) The owner or operator of a storage tank shall equip the affected 
storage tank with either a fixed roof with internal floating roof, an 
external

[[Page 136]]

floating roof, an external floating roof converted to an internal 
floating roof, or a closed-vent system meeting the conditions of Sec.  
63.1252(b) with a control device that meets any of the following 
conditions:
    (1) Reduces inlet emissions of total HAP as specified in paragraph 
(c)(1) (i) or (ii) of this section:
    (i) By 95 percent by weight or greater; or (ii) If the owner or 
operator can demonstrate that a control device installed on a storage 
tank on or before April 2, 1997 is designed to reduce inlet emissions of 
total HAP by greater than or equal to 90 percent by weight but less than 
95 percent by weight, then the control device is required to be operated 
to reduce inlet emissions of total HAP by 90 percent or greater.
    (2) Reduces emissions to outlet concentrations less than or equal to 
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and 
halogens;
    (3) Is an enclosed combustion device that provides a minimum 
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
    (4) Is a flare that meets the requirements of Sec.  63.11(b); or
    (5) Is a control device specified in Sec.  63.1257(a)(4).
    (d) As an alternative standard, the owner or operator of an existing 
or new affected source may comply with the storage tank standards by 
routing storage tank vents to a combustion control device achieving an 
outlet TOC concentration, as calibrated on methane or the predominant 
HAP, of 20 ppmv or less, and an outlet concentration of hydrogen halides 
and halogens of 20 ppmv or less. If the owner or operator is routing 
emissions to a noncombustion control device, it must achieve an outlet 
TOC concentration, as calibrated on methane or the predominant HAP, of 
50 ppmv or less, and an outlet concentration of hydrogen halides and 
halogens of 50 ppmv or less. Compliance with the outlet concentrations 
shall be determined by the initial compliance procedures of Sec.  
63.1257(c)(4) and the continuous emission monitoring requirements of 
Sec.  63.1258(b)(5).
    (e) Planned routine maintenance. The specifications and requirements 
in paragraphs (b) through (d) of this section for control devices do not 
apply during periods of planned routine maintenance. Periods of planned 
routine maintenance of the control devices (including CCCD subject to 
Sec.  63.1252(h)), during which the control device does not meet the 
specifications of paragraphs (b) through (d) of this section, as 
applicable, shall not exceed 240 hours in any 365-day period. The owner 
or operator may submit an application to the Administrator requesting an 
extension of this time limit to a total of 360 hours in any 365-day 
period. The application must explain why the extension is needed, it 
must specify that no material will be added to the storage tank between 
the time the 240-hour limit is exceeded and the control device is again 
operational, and it must be submitted at least 60 days before the 240-
hour limit will be exceeded.
    (f) Vapor balancing alternative. As an alternative to the 
requirements in paragraphs (b) and (c) of this section, the owner or 
operator of an existing or new affected source may implement vapor 
balancing in accordance with paragraphs (f)(1) through (7) of this 
section.
    (1) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar or tank truck from which the storage tank is filled.
    (2) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation (DOT) pressure 
test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 
for railcars.
    (3) Hazardous air pollutants must only be unloaded from tank trucks 
or railcars when vapor collection systems are connected to the storage 
tank's vapor collection system.
    (4) No pressure relief device on the storage tank, or on the 
railcar, or tank truck shall open during loading or as a result of 
diurnal temperature changes (breathing losses).
    (5) Pressure relief devices on affected storage tanks must be set to 
no less than 2.5 psig at all times to prevent breathing losses. The 
owner or operator shall record the setting as specified in Sec.  
63.1259(b)(12) and comply with

[[Page 137]]

the requirements for each pressure relief valve in paragraphs (f)(5)(i) 
through (iii) of this section:
    (i) The pressure relief valve shall be monitored quarterly using the 
method described in Sec.  63.180(b).
    (ii) An instrument reading of 500 ppmv or greater defines a leak.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec.  63.1255(g)(4)(i) through (iv).
    (6) Railcars or tank trucks that deliver HAP to an affected storage 
tank must be reloaded or cleaned at a facility that utilizes one of the 
control techniques in paragraph (f)(6)(i) through (ii) of this section:
    (i) The railcar or tank truck must be connected to a closed-vent 
system with a control device that reduces inlet emissions of HAP by 90 
percent by weight or greater; or
    (ii) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck or railcar during 
reloading must be used to route the collected HAP vapor to the storage 
tank from which the liquid being transferred originated.
    (7) The owner or operator of the facility where the railcar or tank 
truck is reloaded or cleaned must comply with the requirements in 
paragraph (f)(7)(i) through (iii) of this section:
    (i) Submit to the owner or operator of the affected storage tank and 
to the Administrator a written certification that the reloading or 
cleaning facility will meet the requirements of this section. The 
certifying entity may revoke the written certification by sending a 
written statement to the owner or operator of the affected storage tank 
giving at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the requirements of 
this paragraph (b)(7).
    (ii) If complying with paragraph (f)(6)(i) of this section, 
demonstrate initial compliance in accordance with Sec.  63.1257(c), 
demonstrate continuous compliance in accordance with Sec.  63.1258, keep 
records as specified in Sec.  63.1259, and prepare reports as specified 
in Sec.  63.1260.
    (iii) If complying with paragraph (f)(6)(ii) of this section, keep 
records of:
    (A) The equipment to be used and the procedures to be followed when 
reloading the railcar or tank truck and displacing vapors to the storage 
tank from which the liquid originates, and
    (B) Each time the vapor balancing system is used to comply with 
paragraph (f)(6)(ii) of this section.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52601, Aug. 29, 2000; 
66 FR 40132, Aug. 2, 2001; 70 FR 25669, May 13, 2005]



Sec.  63.1254  Standards: Process vents.

    (a) Existing sources. For each process, the owner or operator of an 
existing affected source must comply with the requirements in paragraphs 
(a)(1) and (3) of this section or paragraphs (a)(2) and (3) of this 
section. Initial compliance with the required emission limits or 
reductions in paragraphs (a)(1) through (3) of this section is 
demonstrated in accordance with the initial compliance procedures 
described in Sec.  63.1257(d), and continuous compliance is demonstrated 
in accordance with the monitoring requirements described in Sec.  
63.1258.
    (1) Process-based emission reduction requirement. (i) Uncontrolled 
HAP emissions from the sum of all process vents within a process that 
are not subject to the requirements of paragraph (a)(3) of this section 
shall be reduced by 93 percent or greater by weight, or as specified in 
paragraph (a)(1)(ii) of this section. Notification of changes in the 
compliance method shall be reported according to the procedures in Sec.  
63.1260(h).
    (ii) Any one or more vents within a process may be controlled in 
accordance with any of the procedures in paragraphs (a)(1)(ii)(A) 
through (D) of this section. All other vents within the process must be 
controlled as specified in paragraph (a)(1)(i) of this section.
    (A) To outlet concentrations less than or equal to 20 ppmv as TOC 
and less than or equal to 20 ppmv as hydrogen halides and halogens;
    (B) By a flare that meets the requirements of Sec.  63.11(b);
    (C) By a control device specified in Sec.  63.1257(a)(4); or

[[Page 138]]

    (D) In accordance with the alternative standard specified in 
paragraph (c) of this section.
    (2) Process-based annual mass limit. (i) Actual HAP emissions from 
the sum of all process vents within a process must not exceed 900 
kilograms (kg) in any 365-day period.
    (ii) Actual HAP emissions from the sum of all process vents within 
processes complying with paragraph (a)(2)(i) of this section are limited 
to a maximum of 1,800 kg in any 365-day period.
    (iii) Emissions from vents that are subject to the requirements of 
paragraph (a)(3) of this section and emissions from vents that are 
controlled in accordance with the procedures in paragraph (c) of this 
section may be excluded from the sums calculated in paragraphs (a)(2)(i) 
and (ii) of this section.
    (iv) The owner or operator may switch from compliance with paragraph 
(a)(2) of this section to compliance with paragraph (a)(1) of this 
section only after at least 1 year of operation in compliance with 
paragraph (a)(2) of this section. Notification of such a change in the 
compliance method shall be reported according to the procedures in Sec.  
63.1260(h).
    (3) Individual vent emission reduction requirements. (i) Except as 
provided in paragraph (a)(3)(ii) of this section, uncontrolled HAP 
emissions from a process vent must be reduced by 98 percent or in 
accordance with any of the procedures in paragraphs (a)(1)(ii)(A) 
through (D) of this section if the uncontrolled HAP emissions from the 
vent exceed 25 tons per year, and the flow-weighted average flowrate 
(FRa) calculated using Equation 1 of this subpart is less than or equal 
to the flowrate index (FRI) calculated using Equation 2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.000

[GRAPHIC] [TIFF OMITTED] TR29AU00.001

Where:

FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FRI = flowrate index, scfm
HL = annual uncontrolled HAP emissions, lb/yr, as defined in Sec.  
          63.1251

    (ii) Grandfathering provisions. As an alternative to the 
requirements in paragraph (a)(3)(i) of this section, the owner or 
operator may comply with the provisions in paragraph (a)(3)(ii)(A), (B), 
or (C) of this section, if applicable.
    (A) Control device operation. If the owner or operator can 
demonstrate that a process vent is controlled by a control device 
meeting the criteria specified in paragraph (a)(3)(ii)(A)(1) of this 
section, then the control device is required to be operated according to 
paragraphs (a)(3)(ii)(A)(2), (3), and (4) of this section:
    (1) The control device was installed on any process vent that met 
the conditions of paragraph (a)(3)(i) of this section on or before April 
2, 1997, and was operated to reduce uncontrolled emissions of total HAP 
by greater than or equal to 93 percent by weight, but less than 98 
percent by weight;
    (2) The device must be operated to reduce inlet emissions of total 
HAP by 93 percent or by the percent reduction specified for that control 
device in any preconstruction permit issued pursuant to regulations 
approved or promulgated through rulemaking under title I (including 
parts C or D) of the Clean Air Act, whichever is greater;
    (3) The device must be replaced or upgraded to achieve at least 98 
percent reduction of HAP or meet any of the conditions specified in 
paragraphs (a)(1)(ii)(A) through (D) of this section upon reconstruction 
or replacement.
    (4) The device must be replaced or upgraded to achieve at least 98 
percent reduction of HAP or meet any of the conditions specified in 
paragraphs (a)(1)(ii)(A) through (D) of this section by April 2, 2007, 
or 15 years after issuance of the preconstruction permit, whichever is 
later.
    (B) Process operations. If a process meets all of the conditions 
specified in paragraphs (a)(3)(ii)(B)(1) through (3) of this section, 
the required level of control for the process is the level that

[[Page 139]]

was achieved on or before April 2, 1997. This level of control is 
demonstrated using the same procedures that are used to demonstrate 
compliance with paragraph (a)(1) of this section.
    (1) At least one vent in the process met the conditions of paragraph 
(a)(3)(i) of this section on or before April 2, 1997; and
    (2) The overall control for the process on or before April 2, 1997 
was greater than or equal to 93 percent by weight, but less than 98 
percent by weight; and
    (3) The production-indexed HAP consumption factor for the 12-month 
period in which the process was operated prior to the compliance date is 
less than one-half of the 3-year average baseline value established no 
earlier than the 1987 through 1989 calendar years.
    (C) Hydrogenation vents. Processes meeting the conditions of 
paragraphs (a)(3)(ii)(C)(1) through (3) of this section are required to 
be operated to maintain the level of control achieved on or before April 
2, 1997. For all other processes meeting the conditions of paragraph 
(a)(3)(ii)(C)(3) of this section, uncontrolled HAP emissions from the 
sum of all process vents within the process must be reduced by 95 
percent or greater by weight.
    (1) Processes containing a process vent that met the conditions of 
paragraph (a)(3)(i) of this section on or before April 2, 1997; and
    (2) Processes that are controlled to greater than or equal to 93 
percent by weight, but less than 98 percent by weight; and
    (3) Processes with a hydrogenation vent that, in conjunction with 
all other process vents from the process that do not meet the conditions 
of paragraph (a)(3)(i) of this section, cannot meet the requirements of 
paragraph (a)(1) or (2) of this section.
    (4) Planned routine maintenance. For each PMPU that is controlled 
with a CCCD, the owner or operator must comply with the provisions 
specified in either paragraph (a)(4)(i), (ii), or (iii) of this section 
during periods of planned routine maintenance of the CCCD. The owner or 
operator is not required to comply with the same provision for all of 
the PMPU's controlled by the CCCD.
    (i) Shutdown the affected process.
    (ii) Comply with the requirements of paragraphs (a)(1) through (3) 
of this section by using other means.
    (iii) For a non-dedicated PMPU, implement the procedures described 
in paragraphs (a)(4)(iii)(A) through (C) of this section for those 
process vents that are normally controlled by the CCCD. This option is 
not available for process vents from dedicated PMPU's.
    (A) If the owner or operator uses a CCCD to comply with the 93 
percent reduction requirement in paragraph (a)(1)(i) or (ii) of this 
section, the outlet concentration limit in paragraph (a)(1)(ii)(A) of 
this section, the alternative standard as specified in paragraphs 
(a)(1)(ii)(D) and (c) of this section, or the annual mass limit in 
paragraph (a)(2) of this section, implement the provisions in Sec.  
63.1252(h) during planned routine maintenance of the CCCD.
    (B) If the owner or operator reduces HAP emissions from process 
vents by using a CCCD that is also a control device specified in Sec.  
63.1257(a)(4), implement the provisions in Sec.  63.1252(h) during 
planned routine maintenance of the CCCD.
    (C) If the owner or operator uses a CCCD to reduce emissions from a 
process vent subject to paragraph (a)(3) of this section, implement the 
planned routine maintenance provisions in Sec.  63.1252(h) for that vent 
only if the reason the planned routine maintenance is needed, and the 
reason it cannot be performed at a time when the vent subject to 
paragraph (a)(3) of this section is not operating, has been described in 
the Notification of Compliance Status Report or a periodic report 
submitted before the planned routine maintenance event.
    (b) New sources. (1) Except as provided in paragraph (b)(2) of this 
section, uncontrolled HAP emissions from the sum of all process vents 
within a process at a new affected source shall be reduced by 98 percent 
or greater by weight or controlled in accordance with any of 
requirements of paragraphs (a)(1)(ii)(A) through (D) of this section. 
Initial compliance with the required emission limit or reduction is 
demonstrated in accordance with the initial compliance procedures in 
Sec.  63.1257(d), and continuous compliance

[[Page 140]]

is demonstrated in accordance with the monitoring requirements described 
in Sec.  63.1258.
    (2) Annual mass limit. The actual HAP emissions from the sum of all 
process vents for which the owner or operator is not complying with 
paragraph (b)(1) of this section are limited to 900 kg in any 365-day 
period.
    (c) Alternative standard. As an alternative standard, the owner or 
operator of an existing or new affected source may comply with the 
process vent standards by routing vents from a process to a combustion 
control device achieving an outlet TOC concentration, as calibrated on 
methane or the predominant HAP, of 20 ppmv or less, and an outlet 
concentration of hydrogen halides and halogens of 20 ppmv or less. If 
the owner or operator is routing emissions to a noncombustion control 
device, it must achieve an outlet TOC concentration, as calibrated on 
methane or the predominant HAP, of 50 ppmv or less, and an outlet 
concentration of hydrogen halides and halogens of 50 ppmv or less. Any 
process vents within a process that are not routed to this control 
device must be controlled in accordance with the provisions of paragraph 
(a) or (b) of this section, as applicable. Initial compliance with the 
outlet concentrations is demonstrated in accordance with the initial 
compliance procedures described in Sec.  63.1257(d)(1)(iv), and 
continuous compliance is demonstrated in accordance with the emission 
monitoring requirements described in Sec.  63.1258(b)(5).

[65 FR 52601, Aug. 29, 2000, as amended at 66 FR 40132, Aug. 2, 2001]



Sec.  63.1255  Standards: Equipment leaks.

    (a) General equipment leak requirements. (1) The provisions of this 
section apply to pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, instrumentation systems, control devices, and closed-vent 
systems required by this section that are intended to operate in organic 
hazardous air pollutant service 300 hours or more during the calendar 
year within a source subject to the provisions of this subpart.
    (2) Consistency with other regulations. After the compliance date 
for a process, equipment subject to both this section and either of the 
following will be required to comply only with the provisions of this 
subpart:
    (i) 40 CFR part 60.
    (ii) 40 CFR part 61.
    (3) [Reserved]
    (4) The provisions in Sec.  63.1(a)(3) of subpart A of this part do 
not alter the provisions in paragraph (a)(2) of this section.
    (5) Lines and equipment not containing process fluids are not 
subject to the provisions of this section. Utilities, and other 
nonprocess lines, such as heating and cooling systems which do not 
combine their materials with those in the processes they serve, are not 
considered to be part of a process.
    (6) The provisions of this section do not apply to bench-scale 
processes, regardless of whether the processes are located at the same 
plant site as a process subject to the provisions of this subpart.
    (7) Equipment to which this section applies shall be identified such 
that it can be distinguished readily from equipment that is not subject 
to this section. Identification of the equipment does not require 
physical tagging of the equipment. For example, the equipment may be 
identified on a plant site plan, in log entries, or by designation of 
process boundaries by some form of weatherproof identification. If 
changes are made to the affected source subject to the leak detection 
requirements, equipment identification for each type of component shall 
be updated, if needed, within 90 calendar days or by the next Periodic 
Report following the end of the monitoring period for that component, 
whichever is later.
    (8) Equipment that is in vacuum service is excluded from the 
requirements of this section.
    (9) Equipment that is in organic HAP service, but is in such service 
less than 300 hours per calendar year, is excluded from the requirements 
of this section if it is identified as required in paragraph (g)(9) of 
this section.
    (10) When each leak is detected by visual, audible, or olfactory 
means, or by monitoring as described in Sec.  63.180(b) or (c), the 
following requirements apply:

[[Page 141]]

    (i) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (ii) The identification on a valve in light liquid or gas/vapor 
service may be removed after it has been monitored as specified in 
paragraph (e)(7)(iii) of this section, and no leak has been detected 
during the follow-up monitoring.
    (iii) The identification on equipment, except on a valve in light 
liquid or gas/vapor service, may be removed after it has been repaired.
    (11) Except as provided in paragraph (a)(11)(i) of this section, all 
terms in this subpart that define a period of time for completion of 
required tasks (e.g., weekly, monthly, quarterly, annual) refer to the 
standard calendar periods unless specified otherwise in the section or 
paragraph that imposes the requirement.
    (i) If the initial compliance date does not coincide with the 
beginning of the standard calendar period, an owner or operator may 
elect to utilize a period beginning on the compliance date, or may elect 
to comply in accordance with the provisions of paragraph (a)(11)(ii) or 
(iii) of this section.
    (ii) Time periods specified in this subpart for completion of 
required tasks may be changed by mutual agreement between the owner or 
operator and the Administrator, as specified in subpart A of this part. 
For each time period that is changed by agreement, the revised period 
shall remain in effect until it is changed. A new request is not 
necessary for each recurring period.
    (iii) Except as provided in paragraph (a)(11)(i) or (ii) of this 
section, where the period specified for compliance is a standard 
calendar period, if the initial compliance date does not coincide with 
the beginning of the calendar period, compliance shall be required 
according to the schedule specified in paragraph (a)(11)(iii)(A) or (B) 
of this section, as appropriate.
    (A) Compliance shall be required before the end of the standard 
calendar period within which the initial compliance date occurs if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (B) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance date occurs.
    (iv) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during each 
period, provided the task is conducted at a reasonable interval after 
completion of the task during the previous period.
    (12) In all cases where the provisions of this subpart require an 
owner or operator to repair leaks by a specified time after the leak is 
detected, it is a violation of this section to fail to take action to 
repair the leaks within the specified time. If action is taken to repair 
the leaks within the specified time, failure of that action to 
successfully repair the leak is not a violation of this section. 
However, if the repairs are unsuccessful, a leak is detected and the 
owner or operator shall take further action as required by applicable 
provisions of this section.
    (b) References. (1) The owner or operator of a source subject to 
this section shall comply with the provisions of subpart H of this part, 
as specified in paragraphs (b)(2) through (4) of this section. The term 
``process unit'' as used in subpart H of this part shall be considered 
to be defined the same as ``group of processes'' for sources subject to 
this subpart GGG. The term ``fuel gas system,'' as used in subpart H of 
this part, shall not apply for the purposes of this subpart GGG.
    (2) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170, 
63.173, 63.175, 63.176, 63.181, and 63.182 shall not apply for the 
purposes of this subpart GGG. The owner or operator shall comply with 
the provisions specified in paragraphs (b)(2)(i) through (viii) of this 
section.
    (i) Sections 63.160 and 63.162 shall not apply; instead, the owner 
or operator shall comply with paragraph (a) of this section;

[[Page 142]]

    (ii) Section 63.161 shall not apply; instead, the owner or operator 
shall comply with Sec.  63.1251;
    (iii) Sections 63.163 and 63.173 shall not apply; instead, the owner 
or operator shall comply with paragraph (c) of this section;
    (iv) Section 63.167 shall not apply; instead, the owner or operator 
shall comply with paragraph (d) of this section;
    (v) Section 63.168 shall not apply; instead, the owner or operator 
shall comply with paragraph (e) of this section;
    (vi) Section 63.170 shall not apply; instead, the owner or operator 
shall comply with Sec.  63.1254;
    (vii) Section 63.181 shall not apply; instead, the owner or operator 
shall comply with paragraph (g) of this section; and
    (viii) Section 63.182 shall not apply; instead, the owner or 
operator shall comply with paragraph (h) of this section.
    (3) The owner or operator shall comply with Sec. Sec.  63.164, 
63.165, 63.166, 63.169, 63.177, and 63.179 in their entirety, except 
that when these sections reference other sections of subpart H of this 
part, the references shall mean the sections specified in paragraphs 
(b)(2) and (4) of this section. Section 63.164 applies to compressors. 
Section 63.165 applies to pressure relief devices in gas/vapor service. 
Section 63.166 applies to sampling connection systems. Section 63.169 
applies to pumps, valves, connectors, and agitators in heavy liquid 
service; instrumentation systems; and pressure relief devices in liquid 
service. Section 63.177 applies to general alternative means of emission 
limitation. Section 63.179 applies to alternative means of emission 
limitation for enclosed-vented process units.
    (4) The owner or operator shall comply with Sec. Sec.  63.171, 
63.172, 63.174, 63.178, and 63.180, except as specified in paragraphs 
(b)(4)(i) through (vi) of this section.
    (i) Section 63.171 shall apply, except Sec.  63.171(a) shall not 
apply. Instead, delay of repair of equipment for which leaks have been 
detected is allowed if one of the conditions in paragraphs (b)(4)(i)(A) 
through (B) exists:
    (A) The repair is technically infeasible without a process shutdown. 
Repair of this equipment shall occur by the end of the next scheduled 
process shutdown.
    (B) The owner or operator determines that repair personnel would be 
exposed to an immediate danger if attempting to repair without a process 
shutdown. Repair of this equipment shall occur by the end of the next 
scheduled process shutdown.
    (ii) Section 63.172 shall apply for closed-vent systems used to 
comply with this section, and for control devices used to comply with 
this section only, except:
    (A) Section 63.172(k) and (l) shall not apply. The owner or operator 
shall instead comply with paragraph (f) of this section.
    (B) Owners or operators may, instead of complying with the 
provisions of Sec.  63.172(f), design a closed-vent system to operate at 
a pressure below atmospheric pressure. The system shall be equipped with 
at least one pressure gage or other pressure measurement device that can 
be read from a readily accessible location to verify that negative 
pressure is being maintained in the closed-vent system when the 
associated control device is operating.
    (C) The requirements apply at all times, except as specified in 
Sec.  63.1250(g). The owner or operator may not comply with the planned 
routine maintenance provisions in Sec.  63.1252(h).
    (iii) Section 63.174 shall apply except:
    (A) Section 63.174(f), (g), and (h) shall not apply. Instead of 
Sec.  63.174(f), (g), and (h), the owner or operator shall comply with 
paragraph (f) of this section. Section 63.174(b)(3) shall not apply. 
Instead of Sec.  63.174(b)(3), the owner or operator shall comply with 
paragraphs (b)(4)(iii)(B) through (F) of this section.
    (B) If the percent leaking connectors in a group of processes was 
greater than or equal to 0.5 percent during the initial monitoring 
period, monitoring shall be performed once per year until the percent 
leaking connectors is less than 0.5 percent.
    (C) If the percent leaking connectors in the group of processes was 
less than 0.5 percent, but equal to or greater than 0.25 percent, during 
the initial or last required monitoring period, the owner or operator 
may elect to monitor once every 4 years. An owner or

[[Page 143]]

operator may comply with the requirements of this paragraph by 
monitoring at least 40 percent of the connectors in the first 2 years 
and the remainder of the connectors within the next 2 years. The percent 
leaking connectors will be calculated for the total of all required 
monitoring performed during the 4-year period.
    (D) Except as provided in paragraph (b)(4)(iii)(B) of this section, 
if leaking connectors comprise at least 0.5 percent but less than 1.0 
percent of the connectors during the last monitoring period, the owner 
or operator shall monitor at least once every 2 years for the next 
monitoring period. At the end of that 2-year monitoring period, if the 
percent leaking connectors is greater than or equal to 0.5 percent, the 
owner or operator shall monitor once per year until the percent leaking 
connectors is less than 0.5 percent. If, at the end of a monitoring 
period, the percent leaking connectors is less than 0.5 percent, the 
owner or operator shall monitor in accordance with paragraph 
(b)(4)(iii)(C) or (F) of this section, as appropriate.
    (E) If an owner or operator determines that 1 percent or greater of 
the connectors in a group of processes are leaking, the owner or 
operator shall monitor the connectors once per year. The owner or 
operator may elect to use the provisions of paragraph (b)(4)(iii)(C), 
(D), or (F) of this section, as appropriate, after a monitoring period 
in which less than 1 percent of the connectors are determined to be 
leaking.
    (F) The owner or operator may elect to perform monitoring once every 
8 years if the percent leaking connectors in the group of processes was 
less than 0.25 percent during the initial or last required monitoring 
period. An owner or operator shall monitor at least 50 percent of the 
connectors in the first 4 years and the remainder of the connectors 
within the next 4 years. If the percent leaking connectors in the first 
4 years is equal to or greater than 0.35 percent, the monitoring program 
shall revert at that time to the appropriate monitoring frequency 
specified in paragraph (b)(4)(iii)(C), (D), or (E) of this section.
    (iv) Section 63.178 shall apply except:
    (A) Section 63.178(b), requirements for pressure testing, may be 
applied to all processes (not just batch processes) and to supply lines 
between storage and processing areas.
    (B) For pumps, the phrase ``at the frequencies specified in Table 1 
of this subpart'' in Sec.  63.178(c)(3)(iii) shall mean ``quarterly'' 
for the purposes of this subpart.
    (v) Section 63.180 shall apply except Sec.  63.180(b)(4)(ii)(A) 
through (C) shall not apply. Instead, calibration gases shall be a 
mixture of methane and air at a concentration of approximately, but less 
than, 10,000 parts per million methane for agitators; 2,000 parts per 
million for pumps; and 500 parts per million for all other equipment, 
except as provided in Sec.  63.180(b)(4)(iii).
    (vi) When Sec. Sec.  63.171, 63.172, 63.174, 63.178, and 63.180 
reference other sections in subpart H of this part, the references shall 
mean those sections specified in paragraphs (b)(2) and (b)(4)(i) through 
(v) of this section, as applicable.
    (c) Standards for pumps in light liquid service and agitators in 
gas/vapor service and in light liquid service. (1) The provisions of 
this section apply to each pump that is in light organic HAP liquid 
service, and to each agitator in organic HAP gas/vapor service or in 
light organic HAP liquid service.
    (2)(i) Monitoring. Each pump and agitator subject to this section 
shall be monitored quarterly to detect leaks by the method specified in 
Sec.  63.180(b) except as provided in Sec. Sec.  63.177, 63.178, 
paragraph (f) of this section, and paragraphs (c)(5) through (9) of this 
section.
    (ii) Leak definition. The instrument reading, as determined by the 
method as specified in Sec.  63.180(b), that defines a leak is:
    (A) For agitators, an instrument reading of 10,000 parts per million 
or greater.
    (B) For pumps, an instrument reading of 2,000 parts per million or 
greater.
    (iii) Visual Inspections. Each pump and agitator shall be checked by 
visual inspection each calendar week for indications of liquids dripping 
from the pump or agitator seal. If there are indications of liquids 
dripping from the pump or agitator seal at the time of

[[Page 144]]

the weekly inspection, the owner or operator shall follow the procedure 
specified in either paragraph (c)(2)(iii)(A) or (B) of this section 
prior to the next weekly inspection.
    (A) The owner or operator shall monitor the pump or agitator by the 
method specified in Sec.  63.180(b). If the instrument reading indicates 
a leak as specified in paragraph (c)(2)(ii) of this section, a leak is 
detected.
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (3) Repair provisions. (i) When a leak is detected pursuant to 
paragraph (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of 
this section, it shall be repaired as soon as practicable, but not later 
than 15 calendar days after it is detected, except as provided in 
paragraph (b)(4)(i) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (A) Tightening of packing gland nuts.
    (B) Ensuring that the seal flush is operating at design pressure and 
temperature.
    (4) Calculation of percent leakers. (i) The owner or operator shall 
decide no later than the end of the first monitoring period what groups 
of processes will be developed. Once the owner or operator has decided, 
all subsequent percent calculations shall be made on the same basis.
    (ii) If, calculated on a 1-year rolling average, the greater of 
either 10 percent or three of the pumps in a group of processes leak, 
the owner or operator shall monitor each pump once per month, until the 
calculated 1-year rolling average value drops below 10 percent or three 
pumps, as applicable.
    (iii) The number of pumps in a group of processes shall be the sum 
of all the pumps in organic HAP service, except that pumps found leaking 
in a continuous process within 1 quarter after startup of the pump shall 
not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (iv) Percent leaking pumps shall be determined by the following 
Equation 3:

%PL = [(PL--PS)/(PT--
PS)] x 100 (Eq. 3)

Where:

%PL = percent leaking pumps
PL = number of pumps found leaking as determined through 
          periodic monitoring as required in paragraphs (c)(2)(i) and 
          (ii) of this section.
PT = total pumps in organic HAP service, including those 
          meeting the criteria in paragraphs (c)(5) and (6) of this 
          section.
PS = number of pumps in a continuous process leaking within 1 
          quarter of startup during the current monitoring period.

    (5) Exemptions. Each pump or agitator equipped with a dual 
mechanical seal system that includes a barrier fluid system is exempt 
from the requirements of paragraphs (c)(1) through (c)(4)(iii) of this 
section, provided the following requirements are met:
    (i) Each dual mechanical seal system is:
    (A) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump/agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of paragraph (b)(4)(ii) of this section; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each pump/agitator is checked by visual inspection each 
calendar week for indications of liquids dripping from the pump/agitator 
seal. If there are indications of liquids dripping from the pump or 
agitator seal at the time of the weekly inspection, the owner or 
operator shall follow the procedures specified in either paragraph 
(c)(5)(iv)(A) or (B) of this section prior to the next required 
inspection.
    (A) The owner or operator shall monitor the pump or agitator using 
the method specified in Sec.  63.180(b) to determine if there is a leak 
of organic HAP in the barrier fluid. If the instrument reading indicates 
a leak, as specified in

[[Page 145]]

paragraph (c)(2)(ii) of this section, a leak is detected.
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (c)(5)(iii) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (vi)(A) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicate failure 
of the seal system, the barrier fluid system, or both.
    (B) If indications of liquids dripping from the pump/agitator seal 
exceed the criteria established in paragraph (c)(5)(vi)(A) of this 
section, or if, based on the criteria established in paragraph 
(c)(5)(vi)(A) of this section, the sensor indicates failure of the seal 
system, the barrier fluid system, or both, a leak is detected.
    (vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or 
(B) of this section, the leak must be repaired as specified in paragraph 
(c)(3) of this section.
    (6) Any pump/agitator that is designed with no externally actuated 
shaft penetrating the pump/agitator housing is exempt from the 
requirements of paragraphs (c)(1) through (3) of this section.
    (7) Any pump/agitator equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals back to 
the process or to a control device that complies with the requirements 
of paragraph (b)(4)(ii) of this section is exempt from the requirements 
of paragraphs (c)(2) through (5) of this section.
    (8) Any pump/agitator that is located within the boundary of an 
unmanned plant site is exempt from the weekly visual inspection 
requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section, 
and the daily requirements of paragraph (c)(5)(v) of this section, 
provided that each pump/agitator is visually inspected as often as 
practicable and at least monthly.
    (9) If more than 90 percent of the pumps in a group of processes 
meet the criteria in either paragraph (c)(5) or (6) of this section, the 
group of processes is exempt from the requirements of paragraph (c)(4) 
of this section.
    (d) Standards: Open-ended valves or lines. (1)(i) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec.  63.177 and paragraphs (d)(4) 
through (6) of this section.
    (ii) The cap, blind flange, plug, or second valve shall seal the 
open end at all times except during operations requiring process fluid 
flow through the open-ended valve or line, or during maintenance or 
repair. The cap, blind flange, plug, or second valve shall be in place 
within 1 hour of cessation of operations requiring process fluid flow 
through the open-ended valve or line, or within 1 hour of cessation of 
maintenance or repair. The owner or operator is not required to keep a 
record documenting compliance with the 1-hour requirement.
    (2) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (d)(1) of 
this section at all other times.
    (4) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (d)(1) through (d)(3) of this 
section.
    (5) Open-ended valves or lines containing materials which would 
autocatalytically polymerize are exempt from the requirements of 
paragraphs (d)(1) through (d)(3) of this section.
    (6) Open-ended valves or lines containing materials which could 
cause an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraphs (d)(1) through (d)(3) of this section are exempt from the 
requirements of paragraphs (d)(1) through (d)(3) of this section.

[[Page 146]]

    (e) Standards: Valves in gas/vapor service and in light liquid 
service. (1) The provisions of this section apply to valves that are 
either in gas organic HAP service or in light liquid organic HAP 
service.
    (2) For existing and new affected sources, all valves subject to 
this section shall be monitored, except as provided in paragraph (f) of 
this section and in Sec.  63.177, by no later than 1 year after the 
compliance date.
    (3) Monitoring. The owner or operator of a source subject to this 
section shall monitor all valves, except as provided in paragraph (f) of 
this section and in Sec.  63.177, at the intervals specified in 
paragraph (e)(4) of this section and shall comply with all other 
provisions of this section, except as provided in paragraph (b)(4)(i) of 
this section, Sec. Sec.  63.178 and 63.179.
    (i) The valves shall be monitored to detect leaks by the method 
specified in Sec.  63.180(b).
    (ii) An instrument reading of 500 parts per million or greater 
defines a leak.
    (4) Subsequent monitoring frequencies. After conducting the initial 
survey required in paragraph (e)(2) of this section, the owner or 
operator shall monitor valves for leaks at the intervals specified 
below:
    (i) For a group of processes with 2 percent or greater leaking 
valves, calculated according to paragraph (e)(6) of this section, the 
owner or operator shall monitor each valve once per month, except as 
specified in paragraph (e)(9) of this section.
    (ii) For a group of processes with less than 2 percent leaking 
valves, the owner or operator shall monitor each valve once each 
quarter, except as provided in paragraphs (e)(4)(iii) through (e)(4)(v) 
of this section.
    (iii) For a group of processes with less than 1 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
2 quarters.
    (iv) For a group of processes with less than 0.5 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
4 quarters.
    (v) For a group of processes with less than 0.25 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
2 years.
    (5) Calculation of percent leakers. For a group of processes to 
which this subpart applies, an owner or operator may choose to subdivide 
the valves in the applicable group of processes and apply the provisions 
of paragraph (e)(4) of this section to each subgroup. If the owner or 
operator elects to subdivide the valves in the applicable group of 
processes, then the provisions of paragraphs (e)(5)(i) through 
(e)(5)(viii) of this section apply.
    (i) The overall performance of total valves in the applicable group 
of processes must be less than 2 percent leaking valves, as detected 
according to paragraphs (e)(3) (i) and (ii) of this section and as 
calculated according to paragraphs (e)(6) (ii) and (iii) of this 
section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the provisions of paragraphs (e)(5)(ii) 
(A) through (C) of this section.
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data has been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with the less frequently monitored 
subgroup's monitoring event and associated next percent leaking valves 
calculation for that group.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (e.g., for the last 12 months, 
if the valve or group of valves is to be reassigned to a subgroup being 
monitored annually).

[[Page 147]]

Nonrepairable valves may not be reassigned to a less frequently 
monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable group of processes 
is less than 2 percent leaking valves and so indicate the performance in 
the next periodic report. If the overall performance of total valves in 
the applicable group of processes is 2 percent leaking valves or 
greater, the owner or operator shall revert to the program required in 
paragraphs (e)(2) through (e)(4) of this section. The overall 
performance of total valves in the applicable group of processes shall 
be calculated as a weighted average of the percent leaking valves of 
each subgroup according to the following Equation 4:
[GRAPHIC] [TIFF OMITTED] TR21SE98.002

where:

%VLO = overall performance of total valves in the applicable 
          process or group of processes
%VLi = percent leaking valves in subgroup i, most recent 
          value calculated according to the procedures in paragraphs 
          (e)(6)(ii) and (iii) of this section
Vi = number of valves in subgroup i

    (iv) Records. In addition to records required by paragraph (g) of 
this section, the owner or operator shall maintain records specified in 
paragraphs (e)(5)(iv)(A) through (D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (e)(5)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to subgroup valves. The notification shall identify the 
participating processes and the valves assigned to each subgroup.
    (vi) Semiannual reports. In addition to the information required by 
paragraph (h)(3) of this section, the owner or operator shall submit in 
the periodic reports the information specified in paragraphs 
(e)(5)(vi)(A) and (B) of this section.
    (A) Valve reassignments occurring during the reporting period, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (e)(5)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (e)(6)(iii) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (e)(5)(i) and (e)(5)(iii) of this section, each subgroup 
shall be treated as if it were a process for the purposes of applying 
the provisions of this section.
    (6)(i) The owner or operator shall decide no later than the 
implementation date of this subpart or upon revision of an operating 
permit how to group the processes. Once the owner or operator has 
decided, all subsequent percentage calculations shall be made on the 
same basis.
    (ii) Percent leaking valves for each group of processes or subgroup 
shall be determined by the following Equation 5:

%VL = [VL/VT] x 100 (Eq. 5)

Where:

%VL = percent leaking valves as determined through periodic 
          monitoring required in paragraphs (e)(2) through (4) of this 
          section.
VT = total valves monitored, in a monitoring period excluding 
          valves monitored as required by (e)(7)(iii) of this section

    (iii) When determining monitoring frequency for each group of 
processes or subgroup subject to monthly, quarterly, or semiannual 
monitoring frequencies, the percent leaking valves shall be the 
arithmetic average of the percent leaking valves from the last two 
monitoring periods. When determining monitoring frequency for each group 
of processes or subgroup subject to annual or biennial (once every 2 
years) monitoring frequencies, the percent leaking valves shall be the 
arithmetic average of the percent leaking

[[Page 148]]

valves from the last three monitoring periods.
    (iv)(A) Nonrepairable valves shall be included in the calculation of 
percent leaking valves the first time the valve is identified as leaking 
and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B) 
of this section. Otherwise, a number of nonrepairable valves (identified 
and included in the percent leaking calculation in a previous period) up 
to a maximum of 1 percent of the total number of valves in organic HAP 
service at a process may be excluded from calculation of percent leaking 
valves for subsequent monitoring periods.
    (B) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in organic HAP service at a process, the number 
of nonrepairable valves exceeding 1 percent of the total number of 
valves in organic HAP service shall be included in the calculation of 
percent leaking valves.
    (7) Repair provisions. (i) When a leak is detected, it shall be 
repaired as soon as practicable, but no later than 15 calendar days 
after the leak is detected, except as provided in paragraph (b)(4)(i)) 
of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (iii) When a leak is repaired, the valve shall be monitored at least 
once within the first 3 months after its repair. Days that the valve is 
not in organic HAP service shall not be considered part of this 3 month 
period. The monitoring required by this paragraph is in addition to the 
monitoring required to satisfy the definitions of ``repaired'' and 
``first attempt at repair.''
    (A) The monitoring shall be conducted as specified in Sec.  
63.180(b) and (c) as appropriate to determine whether the valve has 
resumed leaking.
    (B) Periodic monitoring required by paragraphs (e)(2) through (4) of 
this section may be used to satisfy the requirements of paragraph 
(e)(7)(iii) of this section, if the timing of the monitoring period 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section. Alternatively, other monitoring may be performed to satisfy the 
requirements of paragraph (e)(7)(iii) of this section, regardless of 
whether the timing of the monitoring period for periodic monitoring 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section.
    (C) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (e)(7)(iii) of this section, the owner or operator shall 
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this 
section to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (e)(6) of this section.
    (1) If the owner or operator elects to use periodic monitoring 
required by paragraphs (e)(2) through (4) of this section to satisfy the 
requirements of paragraph (e)(7)(iii) of this section, then the valve 
shall be counted as a leaking valve.
    (2) If the owner or operator elects to use other monitoring prior to 
the periodic monitoring required by paragraphs (e)(2) through (4) of 
this section to satisfy the requirements of paragraph (e)(7)(iii) of 
this section, then the valve shall be counted as a leaking valve unless 
it is repaired and shown by periodic monitoring not to be leaking.
    (8) First attempts at repair include, but are not limited to, the 
following practices where practicable:
    (i) Tightening of bonnet bolts,
    (ii) Replacement of bonnet bolts,
    (iii) Tightening of packing gland nuts, and
    (iv) Injection of lubricant into lubricated packing.
    (9) Any equipment located at a plant site with fewer than 250 valves 
in organic HAP service in the affected source is exempt from the 
requirements for monthly monitoring specified in paragraph (e)(4)(i) of 
this section. Instead, the owner or operator shall monitor each valve in 
organic HAP service for leaks once each quarter, or comply with 
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided 
in paragraph (f) of this section.
    (f) Unsafe to monitor/inspect, difficult to monitor/inspect, and 
inaccessible equipment. (1) Equipment that is designated as unsafe to 
monitor, unsafe to inspect, difficult to monitor, difficult to inspect, 
or inaccessible is exempt from

[[Page 149]]

the monitoring requirements as specified in paragraphs (f)(1)(i) through 
(iv) of this section provided the owner or operator meets the 
requirements specified in paragraph (f)(2), (3), or (4) of this section, 
as applicable. All equipment must be assigned to a group of processes. 
Ceramic or ceramic-lined connectors are subject to the same requirements 
as inaccessible connectors.
    (i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this 
section do not apply.
    (ii) For valves, paragraphs (e)(2) through (7) of this section do 
not apply.
    (iii) For connectors, Sec.  63.174(b) through (e) and paragraphs 
(b)(4)(iii)(B) through (F) of this section do not apply.
    (iv) For closed-vent systems, Sec.  63.172(f)(1) and (2) and Sec.  
63.172(g) do not apply.
    (2) Equipment that is unsafe to monitor or unsafe to inspect. (i) 
Valves, connectors, agitators, and pumps may be designated as unsafe to 
monitor if the owner or operator determines that monitoring personnel 
would be exposed to an immediate danger as a consequence of complying 
with the monitoring requirements referred to in paragraphs (f)(1)(i) 
through (iii) of this section.
    (ii) Any part of a closed-vent system may be designated as unsafe to 
inspect if the owner or operator determines that monitoring personnel 
would be exposed to an immediate danger as a consequence of complying 
with the monitoring requirements referred to in paragraph (f)(1)(iv) of 
this section.
    (iii) The owner or operator of equipment that is designated as 
unsafe to monitor must have a written plan that requires monitoring of 
the equipment as frequently as practicable during safe to monitor times, 
but not more frequently than the periodic monitoring schedule otherwise 
applicable to the group of processes in which the equipment is located.
    (iv) For any parts of a closed-vent system designated as unsafe to 
inspect, the owner or operator must have a written plan that requires 
inspection of the closed-vent systems as frequently as practicable 
during safe to inspect times, but not more frequently than annually.
    (3) Equipment that is difficult to monitor or difficult to inspect. 
(i) A valve, agitator, or pump may be designated as difficult to monitor 
if the owner or operator determines that the valve, agitator, or pump 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface, or it is not accessible in a safe 
manner when it is in organic HAP service.
    (ii) Any part of a closed-vent system may be designated as difficult 
to inspect if the owner or operator determines that the equipment cannot 
be inspected without elevating the monitoring personnel more than 2 
meters above a support surface, or it is not accessible in a safe manner 
when it is in organic HAP service.
    (iii) At an existing source, any valve, agitator or pump within a 
group of processes that meets the criteria of paragraph (f)(3)(i) of 
this section may be designated as difficult to monitor, and any parts of 
a closed-vent system that meet the requirements of paragraph (f)(3)(ii) 
of this section may be designated as difficult to inspect. At a new 
affected source, an owner or operator may designate no more than 3 
percent of valves as difficult to monitor.
    (iv) The owner or operator of valves, agitators, or pumps designated 
as difficult to monitor must have a written plan that requires 
monitoring of the equipment at least once per calendar year or on the 
periodic monitoring schedule otherwise applicable to the group of 
processes in which the equipment is located, whichever is less frequent. 
For any part of a closed-vent system designated as difficult to inspect, 
the owner or operator must have a written plan that requires inspection 
of the closed-vent system at least once every 5 years.
    (4) Inaccessible, ceramic, or ceramic-lined connectors. (i) A 
connector may be designated as inaccessible if it is:
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type

[[Page 150]]

scaffold which would allow access to equipment up to 7.6 meters (25 
feet) above the ground; or
    (E) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (ii) A connector may be designated as inaccessible if it would 
require elevating the monitoring personnel more than 2 meters above a 
permanent support surface or would require the erection of scaffold.
    (iii) At an existing source, any connector that meets the criteria 
of paragraph (f)(4)(i) or (ii) of this section may be designated as 
inaccessible. At a new affected source, an owner or operator may 
designate no more than 3 percent of connectors as inaccessible.
    (iv) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the leak shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected, except as provided in 
paragraph (b)(4)(i) of this section.
    (v) Any connector that is inaccessible or that is ceramic or 
ceramic-lined is exempt from the recordkeeping and reporting 
requirements of paragraphs (g) and (h) of this section.
    (g) Recordkeeping requirements. (1) An owner or operator of more 
than one group of processes subject to the provisions of this section 
may comply with the recordkeeping requirements for the groups of 
processes in one recordkeeping system if the system identifies with each 
record the program being implemented (e.g., quarterly monitoring) for 
each type of equipment. All records and information required by this 
section shall be maintained in a manner that can be readily accessed at 
the plant site. This could include physically locating the records at 
the plant site or accessing the records from a central location by 
computer at the plant site.
    (2) General recordkeeping. Except as provided in paragraph (g)(5)(i) 
of this section and in paragraph (a)(9) of this section, the following 
information pertaining to all equipment subject to the requirements in 
this section shall be recorded:
    (i)(A) A list of identification numbers for equipment (except 
connectors that are subject to paragraph (f)(4) of this section) subject 
to the requirements of this section. Except for equipment subject to the 
recordkeeping requirements in paragraphs (g)(2)(ii) through (viii) of 
this section, equipment need not be individually identified if, for a 
particular type of equipment, all items of that equipment in a 
designated area or length of pipe subject to the provisions of this 
section are identified as a group, and the number of subject items of 
equipment is indicated. The list for each type of equipment shall be 
completed no later than the completion of the initial survey required 
for that component. The list of identification numbers shall be updated, 
if needed, to incorporate equipment changes identified during the course 
of each monitoring period within 90 calendar days, or by the next 
Periodic Report, following the end of the monitoring period for the type 
of equipment component monitored, whichever is later.
    (B) A schedule for monitoring connectors subject to the provisions 
of Sec.  63.174(a) and valves subject to the provisions of paragraph 
(e)(4) of this section.
    (C) Physical tagging of the equipment to indicate that it is in 
organic HAP service is not required. Equipment subject to the provisions 
of this section may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (ii)(A) A list of identification numbers for equipment that the 
owner or operator elects to equip with a closed-vent system and control 
device, under the provisions of paragraph (c)(7) of this section, Sec.  
63.164(h), or Sec.  63.165(c).
    (B) A list of identification numbers for compressors that the owner 
or operator elects to designate as operating with an instrument reading 
of less than 500 parts per million above background, under the 
provisions of Sec.  63.164(i).

[[Page 151]]

    (iii)(A) A list of identification numbers for pressure relief 
devices subject to the provisions in Sec.  63.165(a).
    (B) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions of Sec.  63.165(d).
    (iv) Identification of instrumentation systems subject to the 
provisions of this section. Individual components in an instrumentation 
system need not be identified.
    (v) The following information shall be recorded for each dual 
mechanical seal system:
    (A) Design criteria required by paragraph (c)(5)(vi)(A) of this 
section and Sec.  63.164(e)(2), and an explanation of the design 
criteria; and
    (B) Any changes to these criteria and the reasons for the changes.
    (vi) A list of equipment designated as unsafe to monitor/inspect or 
difficult to monitor/inspect under paragraph (f) of this section and a 
copy of the plan for monitoring or inspecting this equipment.
    (vii) A list of connectors removed from and added to the process, as 
described in Sec.  63.174(i)(1), and documentation of the integrity of 
the weld for any removed connectors, as required in Sec.  63.174(j). 
This is not required unless the net credits for removed connectors is 
expected to be used.
    (viii) For equipment that the owner or operator elects to monitor as 
provided under Sec.  63.178(c), a list of equipment added to batch 
product processes since the last monitoring period required in Sec.  
63.178(c)(3)(ii) and (iii). This list must be completed for each type of 
equipment within 90 calendar days, or by the next Periodic Report, 
following the end of the monitoring period for the type of equipment 
monitored, whichever is later. Also, if the owner or operator elects to 
adjust monitoring frequency by the time in use, as provided in Sec.  
63.178(c)(3)(iii), records demonstrating the proportion of the time 
during the calendar year the equipment is in use in a manner subject to 
the provisions of this section are required. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit.
    (3) Records of visual inspections. For visual inspections of 
equipment subject to the provisions of paragraphs (c)(2)(iii) and 
(c)(5)(iv) of this section, the owner or operator shall document that 
the inspection was conducted and the date of the inspection. The owner 
or operator shall maintain records as specified in paragraph (g)(4) of 
this section for leaking equipment identified in this inspection, except 
as provided in paragraph (g)(5) of this section. These records shall be 
retained for 2 years.
    (4) Monitoring records. When each leak is detected as specified in 
paragraph (c) of this section and Sec.  63.164, paragraph (e) of this 
section and Sec.  63.169, and Sec. Sec.  63.172 and 63.174, the 
following information shall be recorded and kept for 5 years (at least 2 
years onsite, with the remaining 3 years either onsite or offsite):
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by Method 21 of 40 CFR 
part 60, appendix A, after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures shall be included in a document that is maintained at the 
plant site. Reasons for delay of repair may be documented by citing the 
relevant sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.
    (vi) If repairs were delayed, dates of process shutdowns that occur 
while the equipment is unrepaired.

[[Page 152]]

    (vii)(A) If the alternative in Sec.  63.174(c)(1)(ii) is not in use 
for the monitoring period, identification, either by list, location 
(area or grouping), or tagging of connectors disturbed since the last 
monitoring period required in Sec.  63.174(b), as described in Sec.  
63.174(c)(1).
    (B) The date and results of follow-up monitoring as required in 
Sec.  63.174(c)(1)(i) and (c)(2)(ii). If identification of disturbed 
connectors is made by location, then all connectors within the 
designated location shall be monitored.
    (viii) The date and results of the monitoring required in Sec.  
63.178(c)(3)(i) for equipment added to a batch process since the last 
monitoring period required in Sec.  63.178(c)(3)(ii) and (iii). If no 
leaking equipment is found in this monitoring, the owner or operator 
shall record that the inspection was performed. Records of the actual 
monitoring results are not required.
    (ix) Copies of the periodic reports as specified in paragraph (h)(3) 
of this section, if records are not maintained on a computerized data 
base capable of generating summary reports from the records.
    (5) Records of pressure tests. The owner or operator who elects to 
pressure test a process equipment train or supply lines between storage 
and processing areas to demonstrate compliance with this section is 
exempt from the requirements of paragraphs (g)(2), (3), (4), and (6) of 
this section. Instead, the owner or operator shall maintain records of 
the following information:
    (i) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in the process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
organic HAP service and subject to the provisions of this section is not 
required. Equipment in a process subject to the provisions of this 
section may be identified on a plant site plan, in log entries, or by 
other appropriate methods.
    (iii) The dates of each pressure test required in Sec.  63.178(b), 
the test pressure, and the pressure drop observed during the test.
    (iv) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (v) When a process equipment train does not pass two consecutive 
pressure tests, the following information shall be recorded in a log and 
kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment.
    (E) The date of successful repair.
    (6) Records of compressor and relief device compliance tests. The 
dates and results of each compliance test required for compressors 
subject to the provisions in Sec.  63.164(i) and the dates and results 
of the monitoring following a pressure release for each pressure relief 
device subject to the provisions in Sec. Sec.  63.165(a) and (b). The 
results shall include:
    (i) The background level measured during each compliance test.
    (ii) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (7) Records for closed-vent systems. The owner or operator shall 
maintain records of the information specified in paragraphs (g)(7)(i) 
through (iii) of this section for closed-vent systems and control 
devices subject to the provisions of paragraph (b)(4)(ii) of this 
section. The records specified in paragraph (g)(7)(i) of this section 
shall be retained for the life of the equipment. The records specified 
in paragraphs (g)(7)(ii) and (g)(7)(iii) of this section shall be 
retained for 2 years.
    (i) The design specifications and performance demonstrations 
specified in paragraphs (g)(7)(i)(A) through (g)(7)(i)(D) of this 
section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) The flare design (i.e., steam assisted, air assisted, or 
nonassisted) and the results of the compliance demonstration required by 
Sec.  63.11(b).

[[Page 153]]

    (D) A description of the parameter or parameters monitored, as 
required in paragraph (b)(4)(ii) of this section, to ensure that control 
devices are operated and maintained in conformance with their design and 
an explanation of why that parameter (or parameters) was selected for 
the monitoring.
    (ii) Records of operation of closed-vent systems and control 
devices.
    (A) Dates and durations when the closed-vent systems and control 
devices required in paragraph (c) of this section and Sec. Sec.  63.164 
through 63.166 are not operated as designed as indicated by the 
monitored parameters, including periods when a flare pilot light system 
does not have a flame.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of startups and shutdowns of control devices 
required in paragraph (c)(7) of this section and Sec. Sec.  63.164 
through 63.166.
    (iii) Records of inspections of closed-vent systems subject to the 
provisions of Sec.  63.172.
    (A) For each inspection conducted in accordance with the provisions 
of Sec.  63.172(f)(1) or (f)(2) during which no leaks were detected, a 
record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (B) For each inspection conducted in accordance with the provisions 
of Sec.  63.172(f)(1) or (f)(2) during which leaks were detected, the 
information specified in paragraph (g)(4) of this section shall be 
recorded.
    (8) Records for components in heavy liquid service. Information, 
data, and analysis used to determine that a piece of equipment or 
process is in heavy liquid service shall be recorded. Such a 
determination shall include an analysis or demonstration that the 
process fluids do not meet the criteria of ``in light liquid or gas 
service.'' Examples of information that could document this include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, engineering calculations, or 
process knowledge.
    (9) Records of exempt components. Identification, either by list, 
location (area or group) of equipment in organic HAP service less than 
300 hours per year subject to the provisions of this section.
    (10) Records of alternative means of compliance determination. 
Owners and operators choosing to comply with the requirements of Sec.  
63.179 shall maintain the following records:
    (i) Identification of the process(es) and the organic HAP they 
handle.
    (ii) A schematic of the process, enclosure, and closed-vent system.
    (iii) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.
    (h) Reporting requirements. (1) Each owner or operator of a source 
subject to this section shall submit the reports listed in paragraphs 
(h)(1)(i) through (ii) of this section.
    (i) A Notification of Compliance Status Report described in 
paragraph (h)(2) of this section,
    (ii) Periodic reports described in paragraph (h)(3) of this section.
    (2) Notification of compliance status report. Each owner or operator 
of a source subject to this section shall submit the information 
specified in paragraphs (h)(2)(i) through (iii) of this section in the 
Notification of Compliance Status Report described in Sec.  63.1260(f).
    (i) The notification shall provide the information listed in 
paragraphs (h)(2)(i)(A) through (C) of this section for each process 
subject to the requirements of paragraphs (b) through (g) of this 
section.
    (A) Process group identification.
    (B) Number of each equipment type (e.g., valves, pumps) in organic 
HAP service, excluding equipment in vacuum service.
    (C) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (ii) The notification shall provide the information listed in 
paragraphs (h)(2)(ii)(A) and (B) of this section for each process 
subject to the requirements of paragraph (b)(4)(iv) of this section and 
Sec.  63.178(b).
    (A) Products or product codes subject to the provisions of this 
section, and
    (B) Planned schedule for pressure testing when equipment is 
configured

[[Page 154]]

for production of products subject to the provisions of this section.
    (iii) The notification shall provide the information listed in 
paragraphs (h)(2)(iii)(A) and (B) of this section for each process 
subject to the requirements in Sec.  63.179.
    (A) Process identification.
    (B) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of paragraph (b)(4)(ii) of this section.
    (iv) Section 63.9(j) shall not apply to the Notification of 
Compliance Status report described in this paragraph (h)(2).
    (3) Periodic reports. The owner or operator of a source subject to 
this section shall submit Periodic Reports.
    (i) A report containing the information in paragraphs (h)(3)(ii), 
(iii), and (iv) of this section shall be submitted semiannually. The 
first report shall be submitted no later than 240 days after the 
Notification of Compliance Status Report is due and shall cover the 6-
month period beginning on the date the Notification of Compliance Status 
Report is due. Each subsequent report shall cover the 6-month period 
following the preceding period.
    (ii) For equipment complying with the provisions of paragraphs (b) 
through (g) of this section, except paragraph (b)(4)(iv) of this section 
and Sec.  63.179, the summary information listed in paragraphs 
(h)(3)(ii)(A) through (L) of this section for each monitoring period 
during the 6-month period.
    (A) The number of valves for which leaks were detected as described 
in paragraph (e)(3) of this section, the percent leakers, and the total 
number of valves monitored;
    (B) The number of valves for which leaks were not repaired as 
required in paragraph (e)(7) of this section, identifying the number of 
those that are determined nonrepairable;
    (C) Separately, the number of pumps and agitators for which leaks 
were detected as described in paragraph (c)(2) of this section, the 
total number of pumps and agitators monitored, and, for pumps, the 
percent leakers;
    (D) Separately, the number of pumps and agitators for which leaks 
were not repaired as required in paragraph (c)(3) of this section;
    (E) The number of compressors for which leaks were detected as 
described in Sec.  63.164(f);
    (F) The number of compressors for which leaks were not repaired as 
required in Sec.  63.164(g);
    (G) The number of connectors for which leaks were detected as 
described in Sec.  63.174(a), the percent of connectors leaking, and the 
total number of connectors monitored;
    (H) The number of connectors for which leaks were not repaired as 
required in Sec.  63.174(d), identifying the number of those that are 
determined nonrepairable;
    (I) The facts that explain any delay of repairs and, where 
appropriate, why a process shutdown was technically infeasible.
    (J) The results of all monitoring to show compliance with Sec. Sec.  
63.164(i), 63.165(a), and 63.172(f) conducted within the semiannual 
reporting period.
    (K) If applicable, the initiation of a monthly monitoring program 
under either paragraph (c)(4)(ii) or paragraph (e)(4)(i) of this 
section.
    (L) If applicable, notification of a change in connector monitoring 
alternatives as described in Sec.  63.174(c)(1).
    (iii) For owners or operators electing to meet the requirements of 
Sec.  63.178(b), the report shall include the information listed in 
paragraphs (h)(3)(iii)(A) through (E) of this paragraph for each 
process.
    (A) Product process equipment train identification;
    (B) The number of pressure tests conducted;
    (C) The number of pressure tests where the equipment train failed 
either the retest or two consecutive pressure tests;
    (D) The facts that explain any delay of repairs; and
    (E) The results of all monitoring to determine compliance with Sec.  
63.172(f) of subpart H.
    (iv) Any revisions to items reported in earlier Notification of 
Compliance Status report, if the method of compliance has changed since 
the last report.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52603, Aug. 29, 2000; 
66 FR 40132, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]

[[Page 155]]



Sec.  63.1256  Standards: Wastewater.

    (a) General. Each owner or operator of any affected source (existing 
or new) shall comply with the general wastewater requirements in 
paragraphs (a)(1) through (3) of this section and the maintenance 
wastewater provisions in paragraph (a)(4) of this section. An owner or 
operator may transfer wastewater to a treatment operation not owned by 
the owner or operator in accordance with paragraph (a)(5) of this 
section.
    (1) Identify wastewater that requires control. For each POD, the 
owner or operator shall comply with the requirements in either paragraph 
(a)(1)(i) or (ii) of this section to determine whether a wastewater 
stream is an affected wastewater stream that requires control for 
soluble and/or partially soluble HAP compounds or to designate the 
wastewater stream as an affected wastewater stream, respectively. The 
owner or operator may use a combination of the approaches in paragraphs 
(a)(1)(i) and (ii) of this section for different affected wastewater 
generated at the source.
    (i) Determine characteristics of a wastewater stream. At new and 
existing sources, a wastewater stream is an affected wastewater stream 
if the annual average concentration and annual load exceed any of the 
criteria specified in paragraph (a)(1)(i)(A) through (C) of this 
section. At new sources, a wastewater stream is subject to additional 
control requirements if the annual average concentration and annual load 
exceed the criteria specified in paragraphs (a)(1)(i)(D) of this 
section. The owner or operator shall comply with the provisions of Sec.  
63.1257(e)(1) to determine the annual average concentrations and annual 
load of partially soluble and soluble HAP compounds.
    (A) The wastewater stream contains partially soluble HAP compounds 
at an annual average concentration greater than 1,300 ppmw, and the 
total soluble and partially soluble HAP load in all wastewater from the 
PMPU exceeds 0.25 Mg/yr.
    (B) The wastewater stream contains partially soluble and/or soluble 
HAP compounds at an annual average concentration greater than 5,200 
ppmw, and the total soluble and partially soluble HAP load in all 
wastewater from the PMPU exceeds 0.25 Mg/yr.
    (C) The wastewater stream contains partially soluble and/or soluble 
HAP at an annual average concentration of greater than 10,000 ppmw, and 
the total partially soluble and/or soluble HAP load in all wastewater 
from the affected source is greater than 1 Mg/yr.
    (D) The wastewater stream contains soluble HAP compounds at an 
annual average concentration greater than 110,000 ppmw, and the total 
soluble and partially soluble HAP load in all wastewater from the PMPU 
exceeds 1 Mg/yr.
    (ii) Designate wastewater as affected wastewater. For existing 
sources, the owner or operator may elect to designate wastewater streams 
as meeting the criteria of either paragraphs (a)(1)(i)(A),(B), or (C) of 
this section. For new sources, the owner or operator may elect to 
designate wastewater streams meeting the criterion in paragraph 
(a)(1)(i)(D) or for wastewater known to contain no soluble HAP, as 
meeting the criterion in paragraph (a)(1)(i)(A) of this section. For 
designated wastewater the procedures specified in paragraphs 
(a)(1)(ii)(A) and (B) of this section shall be followed, except as 
specified in paragraphs (g)(8)(i), (g)(9)(i), and (g)(10) of this 
section. The owner or operator is not required to determine the annual 
average concentration or load for each designated wastewater stream for 
the purposes of this section.
    (A) From the POD for the wastewater stream that is designated as an 
affected wastewater stream to the location where the owner or operator 
elects to designate such wastewater stream as an affected wastewater 
stream, the owner or operator shall comply with all applicable emission 
suppression requirements specified in paragraphs (b) through (f) of this 
section.
    (B) From the location where the owner or operator designates a 
wastewater stream as an affected wastewater stream, such wastewater 
stream shall be managed in accordance with all applicable emission 
suppression requirements specified in paragraphs (b) through (f) of this 
section and with the treatment requirements in paragraph (g) of this 
section.

[[Page 156]]

    (iii) Scrubber effluent. Effluent from a water scrubber that has 
been used to control Table 2 HAP-containing vent streams that are 
controlled in order to meet the process vent requirements in Sec.  
63.1254 of this subpart is considered an affected wastewater stream.
    (2) Requirements for affected wastewater. (i) An owner or operator 
of a facility shall comply with the applicable requirements for 
wastewater tanks, surface impoundments, containers, individual drain 
systems, and oil/water separators as specified in paragraphs (b) through 
(f) of this section, except as provided in paragraph (g)(3) of this 
section.
    (ii) Comply with the applicable requirements for control of soluble 
and partially soluble compounds as specified in paragraph (g) of this 
section. Alternatively, the owner or operator may elect to comply with 
the treatment provisions specified in paragraph (a)(5) of this section.
    (iii) Comply with the applicable monitoring and inspection 
requirements specified in Sec.  63.1258.
    (iv) Comply with the applicable recordkeeping and reporting 
requirements specified in Sec. Sec.  63.1259 and 63.1260.
    (3) Requirements for multiphase discharges. The owner or operator 
shall not discharge a separate phase that can be isolated through 
gravity separation from the aqueous phase to a waste management or 
treatment unit, unless the stream is discharged to a treatment unit in 
compliance with paragraph (g)(13) of this section.
    (4) Maintenance wastewater requirements. Each owner or operator of a 
source subject to this subpart shall comply with the requirements of 
paragraphs (a)(4)(i) through (iv) of this section for maintenance 
wastewater containing partially soluble or soluble HAP listed in Tables 
2 and 3 of this subpart. Maintenance wastewater is exempt from all other 
provisions of this subpart.
    (i) The owner or operator shall prepare a description of maintenance 
procedures for management of wastewater generated from the emptying and 
purging of equipment in the process during temporary shutdowns for 
inspections, maintenance, and repair (i.e., a maintenance turnaround) 
and during periods which are not shutdowns (i.e., routine maintenance). 
The descriptions shall be included in a document that is maintained at 
the plant site and shall:
    (A) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities; and
    (B) Specify the procedures that will be followed to properly manage 
the wastewater and minimize organic HAP emissions to the atmosphere; and
    (C) Specify the procedures to be followed when clearing materials 
from process equipment.
    (ii) The owner or operator shall modify and update the information 
required by paragraph (a)(4)(i) of this section as needed following each 
maintenance procedure based on the actions taken and the wastewater 
generated in the preceding maintenance procedure.
    (5) Offsite treatment or onsite treatment not owned or operated by 
the source. The owner or operator may elect to transfer affected 
wastewater streams or a residual removed from such affected wastewater 
to an onsite treatment operation not owned or operated by the owner or 
operator of the source generating the wastewater or residual, or to an 
offsite treatment operation.
    (i) The owner or operator transferring the wastewater or residual 
shall:
    (A) Comply with the provisions specified in paragraphs (b) through 
(f) of this section for each waste management unit that receives or 
manages affected wastewater or a residual removed from affected 
wastewater prior to shipment or transport.
    (B) Include a notice with each shipment or transport of affected 
wastewater or residual removed from affected wastewater. The notice 
shall state that the affected wastewater or residual contains organic 
HAP that are to be treated in accordance with the provisions of this 
subpart. When the transport is continuous or ongoing (for example, 
discharge to a publicly-owned treatment works), the notice shall be 
submitted to the treatment operator initially and whenever there is a 
change in the required treatment. The owner or operator shall keep a 
record of the notice in accordance with Sec.  63.1259(g).

[[Page 157]]

    (ii) The owner or operator may not transfer the affected wastewater 
or residual unless the transferee has submitted to the EPA a written 
certification that the transferee will manage and treat any affected 
wastewater or residual removed from affected wastewater received from a 
source subject to the requirements of this subpart in accordance with 
the requirements of either:
    (A) Paragraphs (b) through (i) of this section; or
    (B) Subpart D of this part if alternative emission limitations have 
been granted the transferor in accordance with those provisions; or
    (C) Section 63.6(g); or
    (D) If the affected wastewater streams or residuals removed from 
affected wastewater streams received by the transferee contain less than 
50 ppmw of partially soluble HAP, then the transferee must, at a 
minimum, manage and treat the affected wastewater streams and residuals 
in accordance with one of the following:
    (1) Comply with paragraph (g)(10) of this section and cover the 
waste management units up to the activated sludge unit; or
    (2) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
and cover the waste management units up to the activated sludge unit; or
    (3) Comply with paragraph (g)(10) of this section provided that the 
owner or operator of the affected source demonstrates that less than 5 
percent of the total soluble HAP is emitted from waste management units 
up to the activated sludge unit; or
    (4) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
provided that the owner or operator of the affected source demonstrates 
that less than 5 percent of the total soluble HAP is emitted from waste 
management units up to the activated sludge unit.
    (iii) The certifying entity may revoke the written certification by 
sending a written statement to the EPA and the owner or operator giving 
at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the regulatory 
provisions listed in this paragraph. Upon expiration of the notice 
period, the owner or operator may not transfer the wastewater stream or 
residual to the treatment operation.
    (iv) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (a)(5)(ii) of this section 
with respect to any shipment of wastewater or residual covered by the 
written certification. Failure to abide by any of those provisions with 
respect to such shipments may result in enforcement action by the EPA 
against the certifying entity in accordance with the enforcement 
provisions applicable to violations of these provisions by owners or 
operators of sources.
    (v) Written certifications and revocation statements, to the EPA 
from the transferees of wastewater or residuals shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in Sec.  63.13. Such written 
certifications are not transferable by the treater.
    (b) Wastewater tanks. For each wastewater tank that receives, 
manages, or treats affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of either paragraph (b)(1) or (2) of this section as 
specified in Table 6 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
except when the contents of the wastewater tank are heated, treated by 
means of an exothermic reaction, or sparged, during which time the owner 
or operator shall comply with the requirements specified in paragraph 
(b)(2) of this section. For the purposes of this paragraph, the 
requirements of paragraph (b)(2) of this section are satisfied by 
operating and maintaining a fixed roof if the owner or operator 
demonstrates that the total soluble and partially soluble HAP emissions 
from the wastewater tank are no more than 5 percent higher than the 
emissions would be if the contents of the wastewater tank were not 
heated, treated by an exothermic reaction, or sparged.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b)(3) through (9) of this section

[[Page 158]]

and shall operate and maintain one of the emission control techniques 
listed in paragraphs (b)(2)(i) through (iii) of this section.
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the wastewater tank to a control device; or
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec.  63.119(b), with the differences noted in 
Sec.  63.1257(c)(3)(i) through (iii) for the purposes of this subpart; 
or
    (iii) An external floating roof that meets the requirements 
specified in Sec. Sec.  63.119(c), 63.120(b)(5), and 63.120(b)(6), with 
the differences noted in Sec.  63.1257(c)(3)(i) through (v) for the 
purposes of this subpart.
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(3)(i) of this section, the control device 
shall meet the requirements of paragraph (b)(3)(ii) of this section, and 
the closed-vent system shall meet the requirements of paragraph 
(b)(3)(iii) of this section.
    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in paragraph (b)(3)(iv) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec.  63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that the wastewater tank contains 
affected wastewater or residual removed from affected wastewater except 
when it is necessary to use the opening for wastewater sampling, 
removal, or for equipment inspection, maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (b)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec.  63.1258(h).
    (iv) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec.  63.1258(h).
    (4) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec.  63.120(a)(2) 
and (3), with the differences noted in Sec.  63.1257(c)(3)(iv) for the 
purposes of this subpart.
    (5) Except as provided in paragraph (b)(6) of this section, if the 
owner or operator elects to comply with the requirements of paragraph 
(b)(2)(iii) of this section, seal gaps shall be measured according to 
the procedures specified in Sec.  63.120(b)(2)(i) through (b)(4) and the 
wastewater tank shall be inspected to determine compliance with Sec.  
63.120(b)(5) and (6) according to the schedule specified in Sec.  
63.120(b)(1)(i) through (iii).
    (6) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements specified in Sec.  63.120(b)(2)(i) through 
(b)(4) or to inspect the wastewater tank to determine compliance with 
Sec.  63.120(b)(5) and (6) because the floating roof appears to be 
structurally unsound and poses an imminent or potential danger to 
inspecting personnel, the owner or operator shall comply with the 
requirements in either paragraph (b)(6)(i) or (ii) of this section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
wastewater tank within 30 calendar days of the determination that the 
floating roof is unsafe.
    (ii) The owner or operator shall empty and remove the wastewater 
tank from service within 45 calendar days of determining that the roof 
is unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the wastewater tank will be emptied as soon as 
possible.

[[Page 159]]

    (7) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected initially, and semiannually 
thereafter, for improper work practices in accordance with Sec.  
63.1258(g). For wastewater tanks, improper work practice includes, but 
is not limited to, leaving open any access door or other opening when 
such door or opening is not in use.
    (8) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (b)(8)(i) of this section according to the schedule 
in paragraphs (b)(8)(ii) and (iii) of this section in accordance with 
Sec.  63.1258(g).
    (i) Control equipment failures for wastewater tanks include, but are 
not limited to, the conditions specified in paragraphs (b)(8)(i)(A) 
through (I) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, cracks or gaps in the rim seal or seal 
fabric of the floating roof.
    (E) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (F) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary seal 
and the tank wall exceeds 3.81 centimeters.
    (G) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (H) Where a metallic shoe seal is used on an external floating roof, 
one end of the metallic shoe does not extend into the stored liquid or 
one end of the metallic shoe does not extend a minimum vertical distance 
of 61 centimeters above the surface of the stored liquid.
    (I) A gasket, joint, lid, cover, or door has a crack or gap, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (b)(8)(i)(A) through (H) according to the 
schedule specified in paragraphs (b)(4) and (5) of this section.
    (iii) The owner or operator shall inspect for the control equipment 
failures in paragraph (b)(8)(i)(I) of this section initially, and 
semiannually thereafter.
    (9) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by this section cannot be repaired within 45 
calendar days and if the tank cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include a description of the failure, shall document 
that alternate storage capacity is unavailable, and shall specify a 
schedule of actions that will ensure that the control equipment will be 
repaired or the tank will be emptied as soon as practical.
    (10) The emission limits specified in Sec.  63.1256 (b)(2) and (h) 
for control devices used to control emissions from wastewater tanks do 
not apply during periods of planned routine maintenance of the control 
device(s) of no more than 240 hours in any 365-day period. The owner or 
operator may submit an application to the Administrator requesting an 
extension of this time limit to a total of 360 hours in any 365-day 
period. The application must explain why the extension is needed, it 
must specify that no affected wastewater will be added to the tank 
between the time the 240-hour limit is exceeded and the control device 
is again operational, and it must be submitted at least 60 days before 
the 240-hour limit will be exceeded. Wastewater tanks shall not be 
sparged with air or

[[Page 160]]

other gases without an operational control device.
    (c) Surface impoundments. For each surface impoundment that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (c)(1), (2), and (3) of this section.
    (1) The owner or operator shall operate and maintain on each surface 
impoundment either a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the surface impoundment to a control 
device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of 
this section, or a floating flexible membrane cover as specified in 
paragraph (c)(1)(ii) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (c)(1)(v) of this section, the 
cover and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements specified 
in Sec.  63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that affected wastewater or residual 
removed from affected wastewater is in the surface impoundment except 
when it is necessary to use the opening for sampling, removal, or for 
equipment inspection, maintenance, or repair.
    (C) The cover shall be used at all times that affected wastewater or 
residual removed from affected wastewater is in the surface impoundment 
except during removal of treatment residuals in accordance with 40 CFR 
268.4 or closure of the surface impoundment in accordance with 40 CFR 
264.228.
    (ii) Floating flexible membrane covers shall meet the requirements 
specified in paragraphs (c)(1)(ii)(A) through (F) of this section.
    (A) The floating flexible cover shall be designed to float on the 
liquid surface during normal operations, and to form a continuous 
barrier over the entire surface area of the liquid.
    (B) The cover shall be fabricated from a synthetic membrane material 
that is either:
    (1) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (100 mils); or
    (2) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(B)(1) of this section, 
and chemical and physical properties that maintain the material 
integrity for the intended service life of the material.
    (C) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or between the interface of the cover edge and its foundation 
mountings.
    (D) Except as provided for in paragraph (c)(1)(ii)(E) of this 
section, each opening in the floating membrane cover shall be equipped 
with a closure device designed to operate such that when the closure 
device is secured in the closed position there are no visible cracks, 
holes, gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device.
    (E) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (F) The closure devices shall be made of suitable materials that 
will minimize exposure of organic HAP to the atmosphere, to the extent 
practical, and will maintain the integrity of the equipment throughout 
its intended service life. Factors to be considered in designing the 
closure devices shall include: the effects of any contact with the 
liquid and its vapor managed in the surface impoundment; the effects of 
outdoor exposure to wind, moisture, and sunlight; and the operating 
practices used for the surface impoundment on which the floating 
membrane cover is installed.
    (G) Whenever affected wastewater or residual from affected 
wastewater is in the surface impoundment, the floating membrane cover 
shall float on the liquid and each closure device shall be secured in 
the closed position. Opening of

[[Page 161]]

closure devices or removal of the cover is allowed to provide access to 
the surface impoundment for performing routine inspection, maintenance, 
or other activities needed for normal operations and/or to remove 
accumulated sludge or other residues from the bottom of surface 
impoundment. Openings shall be maintained in accordance with Sec.  
63.1258(h).
    (iii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iv) Except as provided in paragraph (c)(1)(v) of this section, the 
closed-vent system shall be inspected in accordance with Sec.  
63.1258(h).
    (v) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec.  63.1258(h).
    (2) Each surface impoundment shall be inspected initially, and 
semiannually thereafter, for improper work practices and control 
equipment failures in accordance with Sec.  63.1258(g).
    (i) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open any access hatch or other opening when 
such hatch or opening is not in use.
    (ii) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a joint, lid, cover, or door has a crack 
or gap, or is broken.
    (3) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.
    (d) Containers. For each container that receives, manages, or treats 
affected wastewater or a residual removed from affected wastewater, the 
owner or operator shall comply with the requirements of paragraphs 
(d)(1) through (5) of this section.
    (1) The owner or operator shall operate and maintain a cover on each 
container used to handle, transfer, or store affected wastewater or a 
residual removed from affected wastewater in accordance with the 
following requirements:
    (i) Except as provided in paragraph (d)(3)(iv) of this section, if 
the capacity of the container is greater than 0.42 m\3\, the cover and 
all openings (e.g., bungs, hatches, sampling points, and pressure relief 
valves) shall be controlled in accordance with the requirements of 
either paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section.
    (A) The requirements specified in Sec.  63.1258(h); or
    (B) The requirements of subpart PP of this part for containers using 
level 2 controls that meet the definitions in Sec.  63.923(b)(1) or (2).
    (ii) If the capacity of the container is less than or equal to 0.42 
m\3\, the owner or operator shall comply with either paragraph 
(d)(1)(ii)(A) or (B) of this section.
    (A) The container must meet existing Department of Transportation 
specifications and testing requirements under 49 CFR part 178; or
    (B) Except as provided in paragraph (d)(3)(iv) of this section, the 
cover and all openings shall be maintained without leaks as specified in 
Sec.  63.1258(h).
    (iii) The cover and all openings shall be maintained in a closed 
position (e.g., covered by a lid) at all times that affected wastewater 
or a residual removed from affected wastewater is in the container 
except when it is necessary to use the opening for filling, removal, 
inspection, sampling, or pressure relief events related to safety 
considerations.
    (2) Filling of large containers. Pumping affected wastewater or a 
residual removed from affected wastewater into a container with a 
capacity greater than or equal to 0.42 m\3\ shall be conducted in 
accordance with the conditions in paragraphs (d)(2)(i) and (ii) of this 
section.
    (i) Comply with any one of the procedures specified in paragraph 
(d)(2)(i)(A), (B), or (C) of this section.
    (A) Use a submerged fill pipe. The submerged fill pipe outlet shall 
extend to no more than 6 inches or within two fill pipe diameters of the 
bottom of the container while the container is being filled.
    (B) Locate the container within an enclosure with a closed-vent 
system

[[Page 162]]

that routes the organic HAP vapors vented from the container to a 
control device.
    (C) Use a closed-vent system to vent the displaced organic vapors 
vented from the container to a control device or back to the equipment 
from which the wastewater is transferred.
    (ii) The cover shall remain in place and all openings shall be 
maintained in a closed position except for those openings required for 
the submerged fill pipe and for venting of the container to prevent 
physical damage or permanent deformation of the container or cover.
    (3) During treatment of affected wastewater or a residual removed 
from affected wastewater, including aeration, thermal or other 
treatment, in a container, whenever it is necessary for the container to 
be open, the container shall be located within an enclosure with a 
closed-vent system that routes the organic HAP vapors vented from the 
container to a control device.
    (i) Except as provided in paragraph (d)(3)(iv) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained in 
accordance with the requirements specified in Sec.  63.1258(h).
    (ii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iii) Except as provided in paragraph (d)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with Sec.  
63.1258(h).
    (iv) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec.  63.1258(h).
    (4) Each container shall be inspected initially, and semiannually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec.  63.1258(g).
    (i) For containers, improper work practice includes, but is not 
limited to, leaving open any access hatch or other opening when such 
hatch or opening is not in use.
    (ii) For containers, control equipment failure includes, but is not 
limited to, any time a cover or door has a gap or crack, or is broken.
    (5) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) Individual drain systems. For each individual drain system that 
receives or manages affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (e) (1), (2), and (3) or with paragraphs (e) 
(4), (5), and (6) of this section.
    (1) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and if vented, route the vapors to a 
process or through a closed-vent system to a control device. The owner 
or operator shall comply with the requirements of paragraphs (e)(1) (i) 
through (v) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (e)(1)(iv) of this section, the 
cover and all openings (e.g., access hatches, sampling ports) shall be 
maintained in accordance with the requirements specified in Sec.  
63.1258(h).
    (B) The cover and all openings shall be maintained in a closed 
position at all times that affected wastewater or a residual removed 
from affected wastewater is in the drain system except when it is 
necessary to use the opening for sampling or removal, or for equipment 
inspection, maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iii) Except as provided in paragraph (e)(1)(iv) of this section, 
the closed-vent system shall be inspected in accordance with Sec.  
63.1258(h).
    (iv) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec.  63.1258(h).

[[Page 163]]

    (v) The individual drain system shall be designed and operated to 
segregate the vapors within the system from other drain systems and the 
atmosphere.
    (2) Each individual drain system shall be inspected initially, and 
semiannually thereafter, for improper work practices and control 
equipment failures, in accordance with Sec.  63.1258(g).
    (i) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open any access hatch or other opening 
when such hatch or opening is not in use for sampling or removal, or for 
equipment inspection, maintenance, or repair.
    (ii) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a joint, lid, cover, or door 
has a gap or crack, or is broken.
    (3) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (4) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall comply with the requirements in paragraphs 
(e)(4) (i) through (iii) of this section:
    (i) Each drain shall be equipped with water seal controls or a 
tightly fitting cap or plug. The owner or operator shall comply with 
paragraphs (e)(4)(i)(A) and (B) of this section.
    (A) For each drain equipped with a water seal, the owner or operator 
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water 
line supplying a trap or water being continuously dripped into the trap 
by a hose could be used to verify flow of water to the trap. Visual 
observation is also an acceptable alternative.
    (B) If a water seal is used on a drain receiving affected 
wastewater, the owner or operator shall either extend the pipe 
discharging the wastewater below the liquid surface in the water seal of 
the receiving drain, or install a flexible shield (or other enclosure 
which restricts wind motion across the open area between the pipe and 
the drain) that encloses the space between the pipe discharging the 
wastewater to the drain receiving the wastewater. (Water seals which are 
used on hubs receiving wastewater that is not subject to the provisions 
of this subpart for the purpose of eliminating cross ventilation to 
drains carrying affected wastewater are not required to have a flexible 
shield or extended subsurface discharging pipe.)
    (ii) Each junction box shall be equipped with a tightly fitting 
solid cover (i.e., no visible gaps, cracks, or holes) which shall be 
kept in place at all times except during inspection and maintenance. If 
the junction box is vented, the owner or operator shall comply with the 
requirements in paragraph (e)(4)(ii) (A) or (B) of this section.
    (A) The junction box shall be vented to a process or through a 
closed-vent system to a control device. The closed-vent system shall be 
inspected in accordance with the requirements of Sec.  63.1258(h) and 
the control device shall be designed, operated, and inspected in 
accordance with the requirements of paragraph (h) of this section.
    (B) If the junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level, the owner or operator may vent the junction box to 
the atmosphere provided that the junction box complies with the 
requirements in paragraphs (e)(4)(ii)(B) (1) and (2) of this section.
    (1) The vent pipe shall be at least 90 centimeters in length and no 
greater than 10.2 centimeters in nominal inside diameter.
    (2) Water seals shall be installed and maintained at the wastewater 
entrance(s) to or exit from the junction box restricting ventilation in 
the individual drain system and between components in the individual 
drain system. The owner or operator shall demonstrate (e.g., by visual 
inspection or smoke test) upon request by the Administrator that the 
junction box water seal is properly designed and restricts ventilation.

[[Page 164]]

    (iii) The owner or operator shall operate and maintain sewer lines 
as specified in paragraphs (e)(4)(iii)(A) and (B) of this section.
    (A) Except as specified in paragraph (e)(4)(iii)(B) of this section, 
each sewer line shall not be open to the atmosphere and shall be covered 
or enclosed in a manner so as to have no visible gaps or cracks in 
joints, seals, or other emission interfaces.
    Note: This provision applies to sewers located inside and outside of 
buildings.
    (B) A sewer line connected to drains that are in compliance with 
paragraph (e)(4)(i) of this section may be vented to the atmosphere, 
provided that the sewer line entrance to the first downstream junction 
box is water sealed and the sewer line vent pipe is designed as 
specified in paragraph (e)(4)(ii)(B)(1) of this section.
    (5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or 
(iii) of this section shall be inspected as follows:
    (i) Each drain using a tightly fitting cap or plug shall be visually 
inspected initially, and semiannually thereafter, to ensure caps or 
plugs are in place and that there are no gaps, cracks, or other holes in 
the cap or plug.
    (ii) Each junction box shall be visually inspected initially, and 
semiannually thereafter, to ensure that there are no gaps, cracks, or 
other holes in the cover.
    (iii) The unburied portion of each sewer line shall be visually 
inspected initially, and semiannually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (6) Except as provided in paragraph (i) of this section, when a gap, 
hole, or crack is identified in a joint or cover, first efforts at 
repair shall be made no later than 5 calendar days after identification, 
and repair shall be completed within 15 calendar days after 
identification.
    (f) Oil-water separators. For each oil-water separator that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (f)(1) through (6) of this section.
    (1) The owner or operator shall maintain one of the following:
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the oil-water separator to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (f)(2) of this section;
    (ii) A floating roof that meets the requirements in 40 CFR 60.693-
2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the 
oil-water separator where it is infeasible to construct and operate a 
floating roof, such as over the weir mechanism, the owner or operator 
shall operate and maintain a fixed roof, closed-vent system, and control 
device that meet the requirements specified in paragraph (f)(2) of this 
section.
    (2) A fixed roof shall meet the requirements of paragraph (f)(2)(i) 
of this section, a control device shall meet the requirements of 
paragraph (f)(2)(ii) of this section, and a closed-vent system shall 
meet the requirements of (f)(2)(iii) of this section.
    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in (f)(2)(iv) of this section, the fixed roof 
and all openings (e.g., access hatches, sampling ports, and gauge wells) 
shall be maintained in accordance with the requirements specified in 
Sec.  63.1258(h).
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains affected wastewater or a residual 
removed from affected wastewater except when it is necessary to use the 
opening for sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (f)(2)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec.  63.1258(h).
    (iv) For any fixed-roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to

[[Page 165]]

comply with the requirements of Sec.  63.1258(h).
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (f)(1)(ii) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60, subpart QQQ 
Sec.  60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i) 
and (ii) of this section.
    (i) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every 5 years thereafter.
    (ii) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every year thereafter.
    (4) Each oil-water separator shall be inspected initially, and 
semiannually thereafter, for improper work practices in accordance with 
Sec.  63.1258(g). For oil-water separators, improper work practice 
includes, but is not limited to, leaving open or ungasketed any access 
door or other opening when such door or opening is not in use.
    (5) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (f)(5)(i) of this section 
according to the schedule specified in paragraphs (f)(5)(ii) and (iii) 
of this section.
    (i) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs 
(f)(5)(i)(A) through (G) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, or other open spaces in the rim seal or 
seal fabric of the floating roof.
    (E) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (F) There are gaps between the secondary seal and the separator wall 
that exceed 6.7 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the secondary seal and 
the separator wall exceeds 1.3 centimeters.
    (G) A gasket, joint, lid, cover, or door has a gap or crack, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (f)(5)(i)(A) through (F) according to the 
schedule specified in paragraph (f)(3) of this section.
    (iii) The owner or operator shall inspect for control equipment 
failures in paragraph (f)(5)(i)(G) of this section initially, and 
semiannually thereafter.
    (6) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.
    (g) Performance standards for treatment processes managing 
wastewater and/or residuals removed from wastewater. This section 
specifies the performance standards for treating affected wastewater. 
The owner or operator shall comply with the requirements as specified in 
paragraphs (g)(1) through (6) of this section. Where multiple compliance 
options are provided, the options may be used in combination for 
different wastewater and/or for different compounds (e.g., soluble 
versus partially soluble compounds) in the same wastewater, except where 
otherwise provided in this section. Once affected wastewater or a 
residual removed from affected wastewater has been treated in accordance 
with this subpart, it is no longer subject to the requirements of this 
subpart.
    (1) Existing source. For a wastewater stream at an existing source 
that exceeds or is designated to exceed the concentration and load 
criteria in paragraph (a)(1)(i)(A) of this section, the owner or 
operator shall comply with a control option in paragraph (g)(8) of this 
section. For a wastewater

[[Page 166]]

stream at an existing source that exceeds the concentration and load 
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, the 
owner or operator shall comply with a control option in paragraph (g)(8) 
of this section and a control option in paragraph (g)(9) of this 
section. As an alternative to the control options in paragraphs (g)(8) 
and (g)(9) of this section, the owner or operator may comply with a 
control option in either paragraph (g)(10), (11) or (13) of this 
section, as applicable.
    (2) New source. For a wastewater stream at a new source that exceeds 
or is designated to exceed the concentration and load criteria in 
paragraph (a)(1)(i)(A) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(8) of this section. For 
wastewater at a new source that exceeds the concentration and load 
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, but 
does not exceed the criteria in paragraph (a)(1)(i)(D) of this section, 
the owner or operator shall comply with a control option in paragraph 
(g)(8) of this section and a control option in paragraph (g)(9) of this 
section. As an alternative to the control options in paragraphs (g)(8) 
and/or (9) of this section, the owner or operator may comply with a 
control option in either paragraph (g)(10), (11), or (13) of this 
section, as applicable. For a wastewater stream at a new source that 
exceeds or is designated to exceed the concentration and load criteria 
in paragraph (a)(1)(i)(D) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(12) or (13) of this 
section.
    (3) Biological treatment processes. Biological treatment processes 
in compliance with this section may be either open or closed biological 
treatment processes as defined in Sec.  63.1251. An open biological 
treatment process in compliance with this section need not be covered 
and vented to a control device. An open or a closed biological treatment 
process in compliance with this section and using Sec.  
63.1257(e)(2)(iii)(E) or (F) to demonstrate compliance is not subject to 
the requirements of paragraphs (b) and (c) of this section. A closed 
biological treatment process in compliance with this section and using 
Sec.  63.1257(e)(2)(iii)(G) to demonstrate compliance shall comply with 
the requirements of paragraphs (b) and (c) of this section. Waste 
management units upstream of an open or closed biological treatment 
process shall meet the requirements of paragraphs (b) through (f) of 
this section, as applicable.
    (4) Performance tests and design evaluations. If the Resource 
Conservation and Recovery Act (RCRA) option [paragraph (g)(13) of this 
section] or the enhanced biological treatment process for soluble HAP 
compounds option [paragraph (g)(10) of this section] is selected to 
comply with this section, neither a design evaluation nor a performance 
test is required. For any other nonbiological treatment process, and for 
closed biological treatment processes as defined in Sec.  63.1251, the 
owner or operator shall conduct either a design evaluation as specified 
in Sec.  63.1257(e)(2)(ii) or performance test as specified in Sec.  
63.1257(e)(2)(iii). For each open biological treatment process as 
defined in Sec.  63.1251, the owner or operator shall conduct a 
performance test as specified in Sec.  63.1257(e)(2)(iii)(E) or (F).
    (5) Control device requirements. When gases are vented from the 
treatment process, the owner or operator shall comply with the 
applicable control device requirements specified in paragraph (h) of 
this section and Sec.  63.1257(e)(3), and the applicable leak inspection 
provisions specified in Sec.  63.1258(h). This requirement is in 
addition to the requirements for treatment systems specified in 
paragraphs (g)(8) through (14) of this section. This requirement does 
not apply to any open biological treatment process that meets the mass 
removal requirements.
    (6) Residuals: general. When residuals result from treating affected 
wastewater, the owner or operator shall comply with the requirements for 
residuals specified in paragraph (g)(14) of this section.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process or control device to comply with emissions 
limitations, the owner

[[Page 167]]

or operator may use multiple treatment processes or control devices, 
respectively. For combinations of treatment processes where the 
wastewater stream is conveyed by hard-piping, the owner or operator 
shall comply with either the requirements of paragraph (g)(7)(i) or (ii) 
of this section. For combinations of treatment processes where the 
wastewater stream is not conveyed by hard-piping, the owner or operator 
shall comply with the requirements of paragraph (g)(7)(ii) of this 
section. For combinations of control devices, the owner or operator 
shall comply with the requirements of paragraph (g)(7)(i) of this 
section.
    (i) Compliance across the combination of all treatment units or 
control devices in series. (A) For combinations of treatment processes, 
the wastewater stream shall be conveyed by hard-piping between the 
treatment processes. For combinations of control devices, the vented gas 
stream shall be conveyed by hard-piping between the control devices.
    (B) For combinations of treatment processes, each treatment process 
shall meet the applicable requirements of paragraphs (b) through (f) of 
this section, except as provided in paragraph (g)(3) of this section.
    (C) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes or of control devices, including 
identification of the first and last treatment process or control 
device. The owner or operator shall include this information as part of 
the treatment process description reported in the Notification of 
Compliance Status.
    (D) The performance test or design evaluation shall determine 
compliance across the combination of treatment processes or control 
devices. If a performance test is conducted, the ``inlet'' shall be the 
point at which the wastewater stream or residual enters the first 
treatment process, or the vented gas stream enters the first control 
device. The ``outlet'' shall be the point at which the treated 
wastewater stream exits the last treatment process, or the vented gas 
stream exits the last control device.
    (ii) Compliance across individual units. (A) For combinations of 
treatment processes, each treatment process shall meet the applicable 
requirements of paragraphs (b) through (f) of this section except as 
provided in paragraph (g)(3) of this section.
    (B) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes, including identification of the 
first and last treatment process. The owner or operator shall include 
this information as part of the treatment process description reported 
in the Notification of Compliance Status report.
    (C) The owner or operator shall determine the mass removed or 
destroyed by each treatment process. The performance test or design 
evaluation shall determine compliance for the combination of treatment 
processes by adding together the mass removed or destroyed by each 
treatment process and determine the overall control efficiency of the 
treatment system.
    (8) Control options: Wastewater containing partially soluble HAP 
compounds. The owner or operator shall comply with either paragraph 
(g)(8)(i) or (ii) of this section for the control of partially soluble 
HAP compounds at new or existing sources.
    (i) 50 ppmw concentration option. The owner or operator shall comply 
with paragraphs (g)(8)(i)(A) and (B) of this section.
    (A) Reduce, by removal or destruction, the concentration of total 
partially soluble HAP compounds to a level less than 50 ppmw as 
determined by the procedures specified in Sec.  63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce, by removal or destruction, the mass of total partially 
soluble HAP compounds by 99 percent or more. The removal destruction 
efficiency shall be determined by the procedures specified in Sec.  
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec.  63.1257(e)(2)(ii) or (iii)(D) for

[[Page 168]]

combustion processes; Sec.  63.1257(e)(2)(iii)(F) for open biological 
treatment processes; and Sec.  63.1257(e)(2)(ii) or (iii)(G) for closed 
biological treatment processes.
    (9) Control options: Wastewater containing soluble HAP compounds. 
The owner or operator shall comply with either paragraph (g)(9)(i) or 
(ii) of this section for the control of soluble HAP compounds at new or 
existing sources.
    (i) 520 ppmw concentration option. The owner or operator shall 
comply with paragraphs (g)(9)(i)(A) and (B) of this section.
    (A) Reduce, by removal or destruction, the concentration of total 
soluble HAP compounds to a level less than 520 ppmw as determined in the 
procedures specified in Sec.  63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce the mass of total soluble HAP by 90 percent or more, either 
by removal or destruction. The removal/destruction efficiency shall be 
determined by the procedures in Sec.  63.1257(e)(2)(ii) or 
(e)(2)(iii)(C) for noncombustion, nonbiological treatment processes; 
Sec.  63.1257(e)(2)(ii) or (e)(2)(iii)(D) for combustion processes; 
Sec.  63.1257(e)(2)(iii)(F) for open biological treatment processes; and 
Sec.  63.1257(e)(2)(ii) or (e)(2)(iii)(G) for closed, biological 
treatment processes.
    (10) Control option: Enhanced biotreatment for wastewater containing 
soluble HAP. The owner or operator may elect to treat affected 
wastewater streams containing soluble HAP in an enhanced biological 
treatment system, as defined in Sec.  63.1251, provided the wastewater 
stream contains less than 50 ppmw partially soluble HAP, or the owner or 
operator complies with the requirements of paragraph (g)(8) of this 
section before treating the affected wastewater stream in the enhanced 
biological treatment system. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. These treatment processes are 
exempt from the design evaluation or performance tests requirements 
specified in paragraph (g)(4) of this section.
    (11) 95-percent mass reduction option, for biological treatment 
processes. The owner or operator of a new or existing source using 
biological treatment for any affected wastewater shall reduce the mass 
of total soluble and partially soluble HAP sent to that biological 
treatment unit by at least 95 percent. All wastewater as defined in 
Sec.  63.1251 entering such a biological treatment unit from PMPU's 
subject to this subpart shall be included in the demonstration of the 
95-percent mass removal. The owner or operator shall comply with 
paragraphs (g)(11)(i) through (iv) of this section.
    (i) Except as provided in paragraph (g)(11)(iv) of this section, the 
owner or operator shall ensure that all wastewater from PMPU's subject 
to this subpart entering a biological treatment unit are treated to 
destroy at least 95-percent total mass of all soluble and partially 
soluble HAP compounds.
    (ii) For open biological treatment processes, compliance shall be 
determined using the procedures specified in Sec.  
63.1257(e)(2)(iii)(E). For closed aerobic biological treatment 
processes, compliance shall be determined using the procedures specified 
in Sec.  63.1257(e)(2)(ii), (iii)(E), or (iii)(G). For closed anaerobic 
biological treatment processes, compliance shall be determined using the 
procedures specified in Sec.  63.1257(e)(2)(ii) or (iii)(G).
    (iii) For each treatment process or waste management unit that 
receives, manages, or treats wastewater subject to this paragraph, from 
the POD to the biological treatment unit, the owner or operator shall 
comply with paragraphs (b) through (f) of this section for control of 
air emissions. When complying with this paragraph, the term affected 
wastewater in paragraphs (b) through (f) of this section shall mean all 
wastewater from PMPU's, not just affected wastewater.
    (iv) If wastewater is in compliance with the requirements in 
paragraph (g)(8), (9), or (12) of this section before entering the 
biological treatment unit,

[[Page 169]]

the hazardous air pollutants mass of that wastewater is not required to 
be included in the total mass flow rate entering the biological 
treatment unit for the purpose of demonstrating compliance.
    (12) Percent mass removal/destruction option for soluble HAP 
compounds at new sources. The owner or operator of a new source shall 
reduce, by removal or destruction, the mass flow rate of total soluble 
HAP from affected wastewater by 99 percent or more. The removal/
destruction efficiency shall be determined by the procedures in Sec.  
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec.  63.1257(e)(2)(ii) and (iii)(D) for combustion 
processes; Sec.  63.1257(e)(2)(iii)(F) for open biological treatment 
processes; and Sec.  63.1257(e)(2)(ii) or (iii)(G) for closed biological 
treatment processes.
    (13) Treatment in a RCRA unit option. The owner or operator shall 
treat the affected wastewater or residual in a unit identified in, and 
complying with, paragraph (g)(13)(i), (ii), or (iii) of this section. 
These units are exempt from the design evaluation or performance tests 
requirements specified in paragraph (g)(4) of this section and Sec.  
63.1257(e)(2), and from the monitoring requirements specified in 
paragraph (a)(2)(iii) of this section, as well as recordkeeping and 
reporting requirements associated with monitoring and performance tests.
    (i) The wastewater or residual is discharged to a hazardous waste 
incinerator for which the owner or operator has been issued a final 
permit under 40 CFR part 270 and complies with the requirements of 40 
CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O;
    (ii) The wastewater or residual is discharged to a process heater or 
boiler burning hazardous waste for which the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iii) The wastewater or residual is discharged to an underground 
injection well for which the owner or operator has been issued a final 
permit under 40 CFR part 270 or 40 CFR part 144 and complies with the 
requirements of 40 CFR part 122. The owner or operator shall comply with 
all applicable requirements of this subpart prior to the point where the 
wastewater enters the underground portion of the injection well.
    (14) Residuals. For each residual removed from affected wastewater, 
the owner or operator shall control for air emissions by complying with 
paragraphs (b) through (f) of this section and by complying with one of 
the provisions in paragraphs (g)(14)(i) through (iv) of this section.
    (i) Recycle the residual to a production process or sell the 
residual for the purpose of recycling. Once a residual is returned to a 
production process, the residual is no longer subject to this section.
    (ii) Return the residual to the treatment process.
    (iii) Treat the residual to destroy the total combined mass flow 
rate of soluble and/or partially soluble HAP compounds by 99 percent or 
more, as determined by the procedures specified in Sec.  
63.1257(e)(2)(iii)(C) or (D).
    (iv) Comply with the requirements for RCRA treatment options 
specified in paragraph (g)(13) of this section.
    (h) Control devices. For each control device or combination of 
control devices used to comply with the provisions in paragraphs (b) 
through (f) and (g)(5) of this section, the owner or operator shall 
operate and maintain the control device or combination of control 
devices in accordance with the requirements of paragraphs (h)(1) through 
(5) of this section.
    (1) Whenever organic HAP emissions are vented to a control device 
which is used to comply with the provisions of this subpart, such 
control device shall be operating.
    (2) The control device shall be designed and operated in accordance 
with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as 
demonstrated by the provisions in Sec.  63.1257(e)(3).
    (i) An enclosed combustion device (including but not limited to a 
vapor

[[Page 170]]

incinerator, boiler, or process heater) shall meet the conditions in 
paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in 
combination with other control devices. If a boiler or process heater is 
used as the control device, then the vent stream shall be introduced 
into the flame zone of the boiler or process heater.
    (A) Reduce the organic HAP emissions vented to the control device by 
95 percent by weight or greater;
    (B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis 
corrected to 3 percent oxygen. The owner or operator shall use either 
Method 18 of 40 CFR part 60, appendix A, or any other method or data 
that has been validated according to the applicable procedures in Method 
301 of appendix A of this part; or
    (C) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 [deg]C.
    (ii) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser), alone or in combination with other 
control devices, shall reduce the organic HAP emissions vented to the 
control device by 95 percent by weight or greater or achieve an outlet 
TOC concentration of 20 ppmv. The 20 ppmv performance standard is not 
applicable to compliance with the provisions of paragraphs (c) or (d) of 
this section.
    (iii) A flare shall comply with the requirements of Sec.  63.11(b).
    (iv) A scrubber, alone or in combination with other control devices, 
shall reduce the organic HAP emissions in such a manner that 95 weight-
percent is either removed, or destroyed by chemical reaction with the 
scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The 
20 ppmv performance standard is not applicable to compliance with the 
provisions of paragraphs (c) or (d) of this section.
    (v) Any other control device used shall, alone or in combination 
with other control devices, reduce the organic HAP emissions vented to 
the control device by 95 percent by weight or greater or achieve an 
outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is 
not applicable to compliance with the provisions of paragraphs (c) or 
(d) of this section.
    (3) If the control device is a combustion device, the owner or 
operator shall comply with the requirements in Sec.  63.1252(g) to 
control halogenated vent streams.
    (4) Except as provided in paragraph (i) of this section, if gaps, 
cracks, tears, or holes are observed in ductwork, piping, or connections 
to covers and control devices during an inspection, a first effort to 
repair shall be made as soon as practical but no later than 5 calendar 
days after identification. Repair shall be completed no later than 15 
calendar days after identification or discovery of the defect.
    (5) The provisions in paragraphs (h)(1) through (4) of this section 
apply at all times, except as specified in Sec.  63.1250(g). The owner 
or operator may not comply with the planned routine maintenance 
provisions in Sec.  63.1252(h) for vent streams from waste management 
units.
    (i) Delay of repair. Delay of repair of equipment for which a 
control equipment failure or a gap, crack, tear, or hole has been 
identified, is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec.  63.1251, or if the owner or operator 
determines that emissions of purged material from immediate repair would 
be greater than the emissions likely to result from delay of repair. 
Repair of this equipment shall occur by the end of the next shutdown.
    (1) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the equipment is emptied or is no longer used to treat or manage 
affected wastewater or residuals removed from affected wastewater.
    (2) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified is also 
allowed if additional time is necessary due to the unavailability of 
parts beyond the control of the owner or operator. Repair shall be 
completed as soon as practical. The owner or operator who uses this 
provision shall comply with the requirements of

[[Page 171]]

Sec.  63.1259(h) to document the reasons that the delay of repair was 
necessary.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52607, Aug. 29, 2000; 
66 FR 40133, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 
20, 2006; 76 FR 22600, Apr. 21, 2011]



Sec.  63.1257  Test methods and compliance procedures.

    (a) General. Except as specified in paragraph (a)(5) of this 
section, the procedures specified in paragraphs (c), (d), (e), and (f) 
of this section are required to demonstrate initial compliance with 
Sec. Sec.  63.1253, 63.1254, 63.1256, and 63.1252(e), respectively. The 
provisions in paragraphs (a)(2) and (3) apply to performance tests that 
are specified in paragraphs (c), (d), and (e) of this section. The 
provisions in paragraph (a)(5) of this section are used to demonstrate 
initial compliance with the alternative standards specified in 
Sec. Sec.  63.1253(d) and 63.1254(c). The provisions in paragraph (a)(6) 
of this section are used to comply with the outlet concentration 
requirements specified in Sec. Sec.  63.1253(c), 63.1254(a)(2)(i), and 
(a)(3)(ii)(B), 63.1254(b)(i), and 63.1256(h)(2). Performance tests shall 
be conducted under such conditions representative of performance of the 
affected source for the period being tested. Upon request, the owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of performance tests.
    (1) Design evaluation. To demonstrate that a control device meets 
the required control efficiency, a design evaluation must address the 
composition and organic HAP concentration of the vent stream entering 
the control device. A design evaluation also must address other vent 
stream characteristics and control device operating parameters as 
specified in any one of paragraphs (a)(1) (i) through (vi) of this 
section, depending on the type of control device that is used. If the 
vent stream is not the only inlet to the control device, the efficiency 
demonstration also must consider all other vapors, gases, and liquids, 
other than fuels, received by the control device.
    (i) For an enclosed combustion device used to comply with the 
provisions of 63.1253 (b)(2) or (c)(2), or 63.1256(h)(2)(i)(C) with a 
minimum residence time of 0.5 seconds and a minimum temperature of 760 
[deg]C, the design evaluation must document that these conditions exist.
    (ii) For a combustion control device that does not satisfy the 
criteria in paragraph (a)(1)(i) of this section, the design evaluation 
must document control efficiency and address the following 
characteristics, depending on the type of control device:
    (A) For a thermal vapor incinerator, the design evaluation must 
consider the autoignition temperature of the organic HAP, must consider 
the vent stream flow rate, and must establish the design minimum and 
average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream flow rate and shall establish the design 
minimum and average temperatures across the catalyst bed inlet and 
outlet.
    (C) For a boiler or process heater, the design evaluation shall 
consider the vent stream flow rate; shall establish the design minimum 
and average flame zone temperatures and combustion zone residence time; 
and shall describe the method and location where the vent stream is 
introduced into the flame zone.
    (iii) For a condenser, the design evaluation shall consider the vent 
stream flow rate, relative humidity, and temperature and shall establish 
the design outlet organic HAP compound concentration level, design 
average temperature of the condenser exhaust vent stream, and the design 
average temperatures of the coolant fluid at the condenser inlet and 
outlet. The temperature of the gas stream exiting the condenser must be 
measured and used to establish the outlet organic HAP concentration.
    (iv) For a carbon adsorption system that regenerates the carbon bed 
directly onsite in the control device such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream flow rate, relative 
humidity, and temperature and shall establish the design exhaust vent 
stream organic compound concentration level, adsorption cycle time, 
number and capacity

[[Page 172]]

of carbon beds, type and working capacity of activated carbon used for 
carbon beds, design total regeneration stream mass or volumetric flow 
over the period of each complete carbon bed regeneration cycle, design 
carbon bed temperature after regeneration, design carbon bed 
regeneration time, and design service life of carbon. For vacuum 
desorption, the pressure drop shall be included.
    (v) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval based 
on the total carbon working capacity of the control device and source 
operating schedule.
    (vi) For a scrubber, the design evaluation shall consider the vent 
stream composition; constituent concentrations; liquid-to-vapor ratio; 
scrubbing liquid flow rate and concentration; temperature; and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream organic 
compound concentration level and will include the additional information 
in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a 
packed column scrubber.
    (A) Type and total number of theoretical and actual trays;
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (2) Calculation of TOC or total organic HAP concentration. The TOC 
concentration or total organic HAP concentration is the sum of the 
concentrations of the individual components. If compliance is being 
determined based on TOC, the owner or operator shall compute TOC for 
each run using Equation 6 of this subpart. If compliance with the 
wastewater provisions is being determined based on total organic HAP, 
the owner or operator shall compute total organic HAP using Equation 6 
of this subpart, except that only the organic HAP compounds shall be 
summed; when determining compliance with paragraph (e)(3)(i) of this 
section, only the soluble and partially soluble HAP compounds shall be 
summed.
[GRAPHIC] [TIFF OMITTED] TR21SE98.003

where:

CGT = total concentration of TOC in vented gas stream, 
          average of samples, dry basis, ppmv
CGSi, j = concentration of sample components in vented gas 
          stream for sample j, dry basis, ppmv
i = identifier for a compound
n = number of components in the sample
j = identifier for a sample
m = number of samples in the sample run

    (3) Outlet concentration correction for supplemental gases--(i) 
Combustion devices. Except as provided in Sec.  63.1258(b)(5)(ii)(A), 
for a combustion device used to comply with an outlet concentration 
standard, the actual TOC, organic HAP, and hydrogen halide and halogen 
must be corrected to 3 percent oxygen if supplemental gases, as defined 
in Sec.  63.1251, are added to the vent stream or manifold. The 
integrated sampling and analysis procedures of Method 3B of 40 CFR part 
60, appendix A, shall be used to determine the actual oxygen 
concentration (%O2d). The samples shall be taken during the 
same time that the TOC or total organic HAP or hydrogen halides and 
halogen samples are taken. The concentration corrected to 3 percent 
oxygen (Cd) shall be computed using Equation 7A of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.002

Where:

Cc = concentration of TOC or total organic HAP or hydrogen 
          halide and halogen corrected to 3 percent oxygen, dry basis, 
          ppmv
Cm = total concentration of TOC or total organic HAP or 
          hydrogen halide and halogen in vented gas stream, average of 
          samples, dry basis, ppmv
%O2d = concentration of oxygen measured in vented gas stream, 
          dry basis, percent by volume


[[Page 173]]


    (ii) Noncombustion devices. Except as provided in Sec.  
63.1258(b)(5)(ii)(B), if a control device other than a combustion device 
is used to comply with a TOC, organic HAP, or hydrogen halide outlet 
concentration standard, the owner or operator must correct the actual 
concentration for supplemental gases using Equation 7B of this subpart; 
process knowledge and representative operating data may be used to 
determine the fraction of the total flow due to supplemental gas.
[GRAPHIC] [TIFF OMITTED] TR29AU00.003

Where:

Ca = corrected outlet TOC, organic HAP, and hydrogen halides 
          and halogens concentration, dry basis, ppmv
Cm = actual TOC, organic HAP, and hydrogen halides and 
          halogens concentration measured at control device outlet, dry 
          basis, ppmv
Va = total volumetric flow rate of all gas streams vented to 
          the control device, except supplemental gases
Vs = total volumetric flow rate of supplemental gases

    (4) Exemptions from compliance demonstrations. An owner or operator 
using any control device specified in paragraphs (a)(4)(i) through (iv) 
of this section is exempt from the initial compliance provisions in 
paragraphs (c), (d), and (e) of this section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the emission stream is 
introduced with the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iv) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (5) Initial compliance with alternative standard. Initial compliance 
with the alternative standards in Sec. Sec.  63.1253(d) and 63.1254(c) 
for combustion devices is demonstrated when the outlet TOC concentration 
is 20 ppmv or less, and the outlet hydrogen halide and halogen 
concentration is 20 ppmv or less. Initial compliance with the 
alternative standards in Sec. Sec.  63.1253(d) and 63.1254(c) for 
noncombustion devices is demonstrated when the outlet TOC concentration 
is 50 ppmv or less, and the outlet hydrogen halide and hydrogen 
concentration is 50 ppmv or less. To demonstrate initial compliance, the 
owner or operator shall be in compliance with the monitoring provisions 
in Sec.  63.1258(b)(5) on the initial compliance date. The owner or 
operator shall use Method 18 to determine the predominant organic HAP in 
the emission stream if the TOC monitor is calibrated on the predominant 
HAP.
    (6) Initial compliance with the 20 ppmv outlet limit. Initial 
compliance with the 20 ppmv TOC and hydrogen halide and halogen 
concentration is demonstrated when the outlet TOC concentration is 20 
ppmv or less, and the outlet hydrogen halide and halogen concentration 
is 20 ppmv or less. To demonstrate initial compliance, the operator 
shall use test methods described in paragraph (b) of this section. The 
owner or operator shall comply with the monitoring provisions in Sec.  
63.1258(b)(1) through (4) on the initial compliance date.
    (b) Test methods. When testing is conducted to measure emissions 
from an affected source, the test methods specified in paragraphs (b)(1) 
through (10) of this section shall be used.
    (1) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (2) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for 
velocity and volumetric flow rates.
    (3) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (4) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (5) [Reserved]
    (6) The following methods are specified for concentration 
measurements:

[[Page 174]]

    (i) Method 18 may be used to determine HAP concentration in any 
control device efficiency determination.
    (ii) Method 25 of appendix A of part 60 may be used to determine 
total gaseous nonmethane organic concentration for control efficiency 
determinations in combustion devices.
    (iii) Method 26 or 26A of appendix A of part 60 shall be used to 
determine hydrogen chloride, hydrogen halide and halogen concentrations 
in control device efficiency determinations or in the 20 ppmv outlet 
hydrogen halide concentration standard.
    (iv) Method 25A of appendix A of part 60 may be used to determine 
the HAP or TOC concentration for control device efficiency 
determinations under the conditions specified in Method 25 of appendix A 
for direct measurement of an effluent with a flame ionization detector, 
or in demonstrating compliance with the 20 ppmv TOC outlet standard. If 
Method 25A is used to determine the concentration of TOC for the 20 ppmv 
standard, the instrument shall be calibrated on methane or the 
predominant HAP. If calibrating on the predominant HAP, the use of 
Method 25A shall comply with paragraphs (b)(6)(iv)(A) through (C) of 
this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume.
    (B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable 
if the response from the high level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (C) The span value of the analyzer must be less than 100 ppmv.
    (7) Testing conditions for continuous processes. Testing of 
emissions on equipment operating as part of a continuous process will 
consist of three l-hour runs. Gas stream volumetric flow rates shall be 
measured every 15 minutes during each 1-hour run. The HAP concentration 
shall be determined from samples collected in an integrated sample over 
the duration of each l-hour test run, or from grab samples collected 
simultaneously with the flow rate measurements (every 15 minutes). If an 
integrated sample is collected for laboratory analysis, the sampling 
rate shall be adjusted proportionally to reflect variations in flow 
rate. For continuous gas streams, the emission rate used to determine 
compliance shall be the average emission rate of the three test runs.
    (8) Testing and compliance determination conditions for batch 
processes. Testing of emissions on equipment where the flow of gaseous 
emissions is intermittent (batch operations) shall be conducted as 
specified in paragraphs (b)(8)(i) through (iii) of this section.
    (i) Except as provided in paragraph (b)(9) of this section for 
condensers, testing shall be conducted at absolute worst-case conditions 
or hypothetical worst-case conditions. Gas stream volumetric flow rates 
shall be measured at 15-minute intervals. The HAP or TOC concentration 
shall be determined from samples collected in an integrated sample over 
the duration of the test, or from grab samples collected simultaneously 
with the flow rate measurements (every 15 minutes). If an integrated 
sample is collected for laboratory analysis, the sampling rate shall be 
adjusted proportionally to reflect variations in flow rate. The absolute 
worst-case or hypothetical worst-case conditions shall be characterized 
by the criteria presented in paragraphs (b)(8)(i)(A) and (B)of this 
section. In all cases, a site-specific plan shall be submitted to the 
Administrator for approval prior to testing in accordance with Sec.  
63.7(c) and Sec.  63.1260(l). The test plan shall include the emission 
profile described in paragraph (b)(8)(ii) of this section.
    (A) Absolute worst-case conditions are defined by the criteria 
presented in paragraph (b)(8)(i)(A)(1) or (2) of this section if the 
maximum load is the most challenging condition for the control device. 
Otherwise, absolute worst-case conditions are defined by the conditions 
in paragraph (b)(8)(i)(A)(3) of this section. The owner or operator must 
consider all relevant factors, including load and compound-specific 
characteristics in defining absolute worst-case conditions.
    (1) The period in which the inlet to the control device will contain 
at least

[[Page 175]]

50 percent of the maximum HAP load (in lb) capable of being vented to 
the control device over any 8 hour period. An emission profile as 
described in paragraph (b)(8)(ii)(A) of this section shall be used to 
identify the 8-hour period that includes the maximum projected HAP load.
    (2) A 1-hour period of time in which the inlet to the control device 
will contain the highest HAP mass loading rate, in lb/hr, capable of 
being vented to the control device. An emission profile as described in 
paragraph (b)(8)(ii)(A) of this section shall be used to identify the 1-
hour period of maximum HAP loading.
    (3) The period of time when the HAP loading or stream composition 
(including non-HAP) is most challenging for the control device. These 
conditions include, but are not limited to the following:
    (i) Periods when the stream contains the highest combined VOC and 
HAP load, in lb/hr, described by the emission profiles in paragraph 
(b)(8)(ii) of this section;
    (ii) Periods when the streams contain HAP constituents that approach 
limits of solubility for scrubbing media;
    (iii) Periods when the streams contain HAP constituents that 
approach limits of adsorptivity for carbon adsorption systems.
    (B) Hypothetical worst-case conditions are simulated test conditions 
that, at a minimum, contain the highest hourly HAP load of emissions 
that would be predicted to be vented to the control device from the 
emissions profile described in paragraph (b)(8)(ii)(B) or (C) of this 
section.
    (ii) Emissions profile. The owner or operator may choose to perform 
tests only during those periods of the worst-case conditions that the 
owner or operator selects to control as part of achieving the required 
emission reduction. The owner or operator must develop an emission 
profile for the vent to the control device that describes the 
characteristics of the vent stream at the inlet to the control device 
under worst case conditions. The emission profile shall be developed 
based on any one of the procedures described in (b)(8)(ii)(A) through 
(C) of this section, as required by paragraph (b)(8)(i).
    (A) Emission profile by process. The emission profile must consider 
all emission episodes that could contribute to the vent stack for a 
period of time that is sufficient to include all processes venting to 
the stack and shall consider production scheduling. The profile shall 
describe the HAP load to the device that equals the highest sum of 
emissions from the episodes that can vent to the control device in any 
given hour. Emissions per episode shall be calculated using the 
procedures specified in paragraph (d)(2) of this section. Emissions per 
episode shall be divided by the duration of the episode only if the 
duration of the episode is longer than 1 hour.
    (B) Emission profile by equipment. The emission profile must consist 
of emissions that meet or exceed the highest emissions, in lb/hr, that 
would be expected under actual processing conditions. The profile shall 
describe equipment configurations used to generate the emission events, 
volatility of materials processed in the equipment, and the rationale 
used to identify and characterize the emission events. The emissions may 
be based on using a compound more volatile than compounds actually used 
in the process(es), and the emissions may be generated from all 
equipment in the process(es) or only selected equipment.
    (C) Emission profile by capture and control device limitation. The 
emission profile shall consider the capture and control system 
limitations and the highest emissions, in lb/hr, that can be routed to 
the control device, based on maximum flowrate and concentrations 
possible because of limitations on conveyance and control equipment 
(e.g., fans, LEL alarms and safety bypasses).
    (iii) Three runs, at a minimum of 1 hour each and a maximum of 8 
hours each, are required for performance testing. Each run must occur 
over the same worst-case conditions, as defined in paragraph (b)(8)(i) 
of this section.
    (9) Testing requirements for condensers. For emission streams 
controlled using condensers, continuous direct measurement of condenser 
outlet gas temperature to be used in determining concentrations per the 
design evaluation described in Sec.  63.1257(a)(1)(iii) is required.

[[Page 176]]

    (10) Wastewater testing. Wastewater analysis shall be conducted in 
accordance with paragraph (b)(10)(i), (ii), (iii), (iv), or (v) of this 
section.
    (i) Method 305. Use procedures specified in Method 305 of 40 CFR 
part 63, appendix A, and comply with requirements specified in paragraph 
(b)(10)(vi) of this section.
    (ii) EPA Method 624, 625, 1624, 1625, 1666, or 1671. Use procedures 
specified in EPA Method 624, 625, 1624, 1625, 1666, or 1671 of 40 CFR 
part 136, appendix A, and comply with requirements in paragraph 
(b)(10)(vi) of this section.
    (iii) Method 8260 or 8270. Use procedures specified in Method 8260 
or 8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as 
amended by Update I, November 15, 1992. As an alternative, an owner or 
operator may use any more recent, updated version of Method 8260 or 8270 
approved by the EPA. For the purpose of using Method 8260 or 8270 to 
comply with this subpart, the owner or operator must maintain a formal 
quality assurance program consistent with either Section 8 of Method 
8260 or Method 8270, and this program must include the following 
elements related to measuring the concentrations of volatile compounds:
    (A) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (B) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (C) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
material source before or during sampling with compounds having similar 
chemical characteristics to the target analytes.
    (iv) Other EPA methods. Use procedures specified in the method, 
validate the method using the procedures in paragraph (b)(10)(iv)(A) or 
(B) of this section, and comply with the procedures in paragraph 
(b)(10)(vi) of this section.
    (A) Validate the method according to section 5.1 or 5.3 of Method 
301 of 40 CFR part 63, appendix A.
    (B) Follow the procedure as specified in ``Alternative Validation 
Procedure for EPA Waste Methods'' 40 CFR part 63, appendix D.
    (v) Methods other than an EPA method. Use procedures specified in 
the method, validate the method using the procedures in paragraph 
(b)(10)(iv)(A) of this section, and comply with the requirements in 
paragraph (b)(10)(vi) of this section.
    (vi) Sampling plan. The owner or operator shall prepare a sampling 
plan. Wastewater samples shall be collected using sampling procedures 
which minimize loss of organic compounds during sample collection and 
analysis and maintain sample integrity. The sample plan shall include 
procedures for determining recovery efficiency of the relevant partially 
soluble and soluble HAP compounds. An example of an acceptable sampling 
plan would be one that incorporates similar sampling and sample handling 
requirements to those of Method 25D of 40 CFR part 60, appendix A. The 
sampling plan shall be maintained at the facility.
    (c) Initial compliance with storage tank provisions. The owner or 
operator of an affected storage tank shall demonstrate initial 
compliance with Sec.  63.1253(b) or (c), as applicable, by fulfilling 
the requirements of paragraph (c)(1),or (c)(2), or (c)(3) of this 
section.
    (1) Performance test. If this option is chosen to demonstrate 
initial compliance with the percent reduction requirement of Sec.  
63.1253(b)(1) or (c)(1)(i), the efficiency of the control device shall 
be calculated using performance test data as specified in paragraphs 
(c)(1)(i) through (iii) of this section. To demonstrate initial 
compliance with the outlet concentration requirements in Sec.  
63.1253(b)(2) and (c)(2), the owner or operator must conduct a 
performance test and fulfill the requirements of paragraph (a)(6) of 
this section.
    (i) Equations 8 and 9 of this subpart shall be used to calculate the 
mass rate of total HAP reasonably expected maximum filling rate at the 
inlet and outlet of the control device for standard conditions of 20 
[deg]C: where:

[[Page 177]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.005

[GRAPHIC] [TIFF OMITTED] TR21SE98.006

where:

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

    (ii) The percent reduction in total HAP shall be calculated using 
Equation 10 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.007

where:

R = control efficiency of control device, percent
Ei = mass rate of total HAP at the inlet to the control 
          device as calculated under paragraph (c)(1)(i) of this 
          section, kilograms organic HAP per hour
Eo = mass rate of total HAP at the outlet of the control 
          device, as calculated under paragraph (c)(1)(i) of this 
          section, kilograms organic HAP per hour

    (iii) A performance test is not required to be conducted if the 
control device used to comply with Sec.  63.1253 (storage tank 
provisions) is also used to comply with Sec.  63.1254 (process vent 
provisions), and compliance with Sec.  63.1254 has been demonstrated in 
accordance with paragraph (d) of this section.
    (2) Design evaluation. If this option is chosen to demonstrate 
initial compliance with the percent reduction requirement of Sec.  
63.1253(b) or (c), a design evaluation shall be prepared in accordance 
with the provisions in paragraph (a)(1) of this section. The design 
evaluation shall include documentation demonstrating that the control 
device being used achieves the required control efficiency during 
reasonably expected maximum filling rate.
    (3) Floating roof. If the owner or operator of an affected source 
chooses to comply with the provisions of Sec.  63.1253(b) or (c) by 
installing a floating roof, the owner or operator shall comply with the 
procedures described in Sec. Sec.  63.119(b), (c), (d), and 63.120(a), 
(b), and (c), with the differences noted in paragraphs (c)(3)(i) through 
(v) of this section for the purposes of this subpart.
    (i) When the term ``storage vessel'' is used in Sec. Sec.  63.119 
and 63.120, the definition of ``storage tank'' in Sec.  63.1251 shall 
apply for the purposes of this subpart.
    (ii) When December 31, 1992 is referred to in Sec.  63.119, April 2, 
1997 shall apply instead for the purposes of this subpart.
    (iii) When April 22, 1994 is referred to in Sec.  63.119, September 
21, 1998 shall apply instead for the purposes of this subpart.
    (iv) When the phrase ``the compliance date specified in Sec.  63.100 
of subpart F of this part'' is referred to in Sec.  63.120, the phrase 
``the compliance date specified in Sec.  63.1250'' shall apply for the 
purposes of this subpart.
    (v) When the phrase ``the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining Group 
1 storage vessels specified in table 5 or table 6 of this subpart'' is 
referred to in Sec.  63.120(b)(1)(iv), the phrase ``the maximum true 
vapor pressure of the total organic HAP in the stored liquid falls below 
13.1 kPa'' shall apply for the purposes of this subpart.
    (4) Initial compliance with alternative standard. Initial compliance 
with Sec.  63.1253(d) is demonstrated by fulfilling the requirements of 
paragraph (a)(5) of this section.
    (5) Planned maintenance. The owner or operator shall demonstrate 
compliance with the requirements of Sec.  63.1253(e) by including the 
periods of planned routine maintenance specified by date and

[[Page 178]]

time in each Periodic Report required by Sec.  63.1260.
    (d) Initial compliance with process vent provisions. An owner or 
operator of an affected source complying with the process vent standards 
in Sec.  63.1254 shall demonstrate compliance using the procedures 
described in paragraphs (d)(1) through (4) of this section.
    (1) Except as provided in paragraph (a)(4) of this section, initial 
compliance with the process vent standards in Sec.  63.1254 shall be 
demonstrated using the procedures specified in paragraphs (d)(1)(i) 
through (iv), as applicable.
    (i) Initial compliance with Sec.  63.1254(a)(2)(i) is demonstrated 
when the actual emissions of HAP from the sum of all process vents 
within a process is less than or equal to 900 kg/yr. Initial compliance 
with Sec.  63.1254(a)(2)(ii) is demonstrated when the actual emissions 
of HAP from the sum of all process vents in compliance with Sec.  
63.1254(a)(2)(i) is less than or equal to 1,800 kg/yr. Uncontrolled HAP 
emissions and controlled HAP emissions shall be determined using the 
procedures described in paragraphs (d)(2) and (3) of this section. 
Controlled emissions during periods of planned routine maintenance of a 
CCCD as specified in Sec.  63.1252(h), must be calculated assuming the 
HAP emissions are reduced by 93 percent.
    (ii) Initial compliance with the percent reduction requirements in 
Sec.  63.1254(a)(1)(i), (a)(3), and (b) is demonstrated by:
    (A) Determining controlled HAP emissions using the procedures 
described in paragraph (d)(3) of this section, and uncontrolled HAP 
emissions determined using the procedures described in paragraph (d)(2) 
of this section, and demonstrating that the reductions required by Sec.  
63.1254(a)(1)(i), (a)(3), and (b) are met; or
    (B) Controlling the process vents using a device meeting the 
criteria specified in paragraph (a)(4) of this section.
    (iii) Initial compliance with the outlet concentration requirements 
in Sec.  63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is demonstrated when 
the outlet TOC concentration is 20 ppmv or less and the outlet hydrogen 
halide and halogen concentration is 20 ppmv or less. The owner or 
operator shall demonstrate compliance by fulfilling the requirements in 
paragraph (a)(6) of this section.
    (iv) Initial compliance with Sec.  63.1254(c) is demonstrated by 
fulfilling the requirements of paragraph (a)(5) of this section.
    (2) Uncontrolled emissions. An owner or operator of an affected 
source complying with the emission limitation required by Sec.  
63.1254(a)(1), or emissions reductions specified in Sec.  63.1254(a)(2), 
(a)(3), or (b), for each process vent within a process, shall calculate 
uncontrolled emissions from all equipment in the process according to 
the procedures described in paragraph (d)(2)(i) or (ii) of this section, 
as appropriate.
    (i) Emission estimation procedures. Owners or operators shall 
determine uncontrolled emissions of HAP using measurements and/or 
calculations for each batch emission episode within each unit operation 
according to the engineering evaluation methodology in paragraphs 
(d)(2)(i)(A) through (H) of this section. Except where variations are 
noted, individual HAP partial pressures in multicomponent systems shall 
be determined by the following methods: If the components are miscible 
in one another, use Raoult's law to calculate the partial pressures; if 
the solution is a dilute aqueous mixture, use Henry's law to calculate 
partial pressures; if Raoult's law or Henry's law are not appropriate or 
available, use experimentally obtained activity coefficients or models 
such as the group-contribution models, to predict activity coefficients, 
or assume the components of the system behave independently and use the 
summation of all vapor pressures from the HAP as the total HAP partial 
pressure. Chemical property data can be obtained from standard reference 
texts.
    (A) Vapor displacement. Emissions from vapor displacement due to 
transfer of material shall be calculated using Equation 11 of this 
subpart. The individual HAP partial pressures may be calculated using 
Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.008

where:


[[Page 179]]


E = mass of HAP emitted
V = volume of gas displaced from the vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream i = identifier for a 
          HAP compound

    (B) Purging. Emissions from purging shall be calculated using 
Equation 12 of this subpart. The partial pressures of individual 
condensable compounds may be calculated using Raoult's law, the pressure 
of the vessel vapor space may be set equal to 760 mmHg, and the partial 
pressure of HAP shall be assumed to be 25 percent of the saturated value 
if the purge flow rate is greater than 100 standard cubic feet per 
minute (scfm).
[GRAPHIC] [TIFF OMITTED] TR21SE98.009

Where:

E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor 
          space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable VOC compounds 
          (including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
j = identifier for a condensable compound
m = number of condensable compounds (including HAP) in the emission 
          stream

    (C) Heating. Emissions caused by the heating of a vessel to a 
temperature equal to or lower than 10 K below the boiling point shall be 
calculated using the procedures in either paragraph (d)(2)(i)(C)(1) or 
(3) of this section. Emissions caused by heating a vessel to a 
temperature that is higher than 10 K below the boiling point and less 
than the boiling point, must be calculated using the procedures in 
either paragraph (d)(2)(i)(C) (2) or (3) of this section. If the 
contents of a vessel are heated to the boiling point, emissions must be 
calculated using the procedures in paragraph (d)(2)(i)(C)(4) of this 
section.
    (1) This paragraph describes procedures to calculate emissions if 
the final temperature to which the vessel contents are heated is 10 K 
below the boiling point of the HAP in the vessel, or lower. The owner or 
operator shall calculate the mass of HAP emitted per episode using 
either Equation 13 or 14 of this subpart. The moles of noncondensable 
gas displaced are calculated using Equation 15 of this subpart. The 
initial and final pressure of the noncondensable gas in the vessel shall 
be calculated using Equation 16 of this subpart. The average molecular 
weight of HAP in the displaced gas shall be calculated using Equation 17 
of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.004


[[Page 180]]


[GRAPHIC] [TIFF OMITTED] TR21SE98.011

[GRAPHIC] [TIFF OMITTED] TR21SE98.012

[GRAPHIC] [TIFF OMITTED] TR21SE98.013

[GRAPHIC] [TIFF OMITTED] TR21SE98.014

Where:

E = mass of HAP vapor displaced from the vessel being heated
xi = mole fraction of each HAP in the liquid phase
xj = mole fraction of each condensable VOC (including HAP) in 
          the liquid phase
Pi* = vapor pressure of each HAP in the vessel headspace at 
          any temperature between the initial and final heatup 
          temperatures, mmHg.
Pj* = vapor pressure of each condensable VOC (including HAP) 
          in the vessel headspace at any temperature between the initial 
          and final heatup temperatures, mmHg.
760 = atmospheric pressure, mmHg
MWHAP = the average molecular weight of HAP present in the 
          displaced gas
[Delta][eta] = number of moles of noncondensable gas displaced
V = volume of free space in the vessel
R = ideal gas law constant
T1 = initial temperature of vessel contents, absolute
T2 = final temperature of vessel contents, absolute
Pan = partial pressure of noncondensable gas in the vessel 
          headspace at initial (n = 1) and final (n = 2) temperature
Patm = atmospheric pressure (when [Delta][eta] is used in 
          Equation 13 of this subpart, Patm may be set equal 
          to 760 mmHg for any vessel)
(Pj)Tn = partial pressure of each condensable 
          compound (including HAP) in the vessel headspace at the 
          initial temperature (n = 1) and final (n = 2) temperature
m = number of condensable compounds (including HAP) in the displaced 
          vapor
j = identifier for a condensable compound
(Pi)Tn = partial pressure of each HAP in the 
          vessel headspace at initial (T1) and final 
          (T2) temperature
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound

    (2) If the vessel contents are heated to a temperature that is 
higher than 10 K below the boiling point and less than the boiling 
point, emissions must be calculated using the procedures in paragraph 
(d)(2)(i)(C)(2)(i), or (ii), or (iii) of this section.
    (i) Use Equation 13 of this subpart. In Equation 13 of this subpart, 
the HAP vapor pressures must be determined at the temperature 10 K below 
the boiling point. In the calculation of [Delta][eta] for Equation 13 of 
this subpart, T2 must be the temperature 10 K below the 
boiling point, and Pa2 must be determined at the temperature 
10 K below the boiling point.
    (ii) Use Equation 14 of this subpart. In Equation 14 of this 
subpart, the HAP partial pressures must be deter mined at the 
temperature 10 K below the boiling point. In the calculation of 
[Delta][eta] for Equation 14 of this subpart, T2 must be the 
temperature 10 K below the boiling point, and Pa2 must be 
determined at the temperature 10 K below the boiling point. In the 
calculation of MWHAP, the

[[Page 181]]

HAP partial pressures must be determined at the temperature 10 K below 
the boiling point.
    (iii) Use Equation 14 of this subpart over specific temperature 
increments. If the initial temperature is lower than 10 K below the 
boiling point, emissions must be calculated as the sum over two 
increments; one increment is from the initial temperature to 10 K below 
the boiling point, and the second is from 10 K below the boiling point 
to the lower of either the final temperature or the temperature 5 K 
below the boiling point. If the initial temperature is higher than 10 K 
below the boiling point, emissions are calculated over one increment 
from the initial temperature to the lower of either the final 
temperature or the temperature 5 K below the boiling point.
    (3)(i) Emissions caused by heating a vessel are calculated using 
Equation 18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.015

Where:

E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating 
          process
PT= total pressure in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at 
          T1
Pi, 2 = partial pressure of the individual HAP compounds at 
          T2
MWHAP = average molecular weight of the HAP compounds
ni, 1 = number of moles of condensable in the vessel 
          headspace at T1
ni, 2 = number of moles of condensable in the vessel 
          headspace at T2
n = number of HAP compounds in the emission stream

    (ii) The average gas space molar volume during the heating process 
is calculated using Equation 19 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.016

Where:

Navg = average gas space molar volume during the heating 
          process
V = volume of free space in vessel
PT = total pressure in the vessel
R = ideal gas law constant
T1 = initial temperature of the vessel
T2 = final temperature of the vessel

    (iii) The difference in the number of moles of condensable in the 
vessel headspace between the initial and final temperatures is 
calculated using Equation 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.017

Where:

V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature in the vessel

[[Page 182]]

T2 = final temperature in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at 
          T1
Pi, 2 = partial pressure of the individual HAP compounds at 
          T2
n = number of HAP compounds in the emission stream

    (4) If the vessel contents are heated to the boiling point, 
emissions must be calculated using the procedure in paragraphs 
(d)(2)(i)(C)(4)(i) and (ii) of this section.
    (i) Use either of the procedures in paragraph (d)(3)(i)(B)(3) of 
this section to calculate the emissions from heating to the boiling 
point (note that Pa2 = 0 in the calculation of [Delta][eta]); 
and
    (ii) While boiling, the vessel must be operated with a properly 
operated process condenser. An initial demonstration that a process 
condenser is properly operated is required for some process condensers, 
as described in paragraph (d)(3)(iii) of this section.
    (D) Depressurization. Emissions from depressurization shall be 
calculated using the procedures in either paragraphs (d)(2)(i)(D)(1) 
through (4), paragraphs (d)(2)(i)(D)(5) through (9), or paragraph 
(d)(2)(i)(D)(10) of this section.
    (1) Equations 21 and 22 of this subpart are used to calculate the 
initial and final volumes of noncondensable gas present in the vessel, 
adjusted to atmospheric pressure. The HAP partial pressures may be 
calculated using Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.018

[GRAPHIC] [TIFF OMITTED] TR21SE98.019

Where:

Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 23 of this subpart, mmHg
Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 24 of this subpart, mmHg
760 = atmospheric pressure, mmHg

    (2) The initial and final partial pressures of the noncondensable 
gas in the vessel are determined using Equations 23 and 24 of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.020

[GRAPHIC] [TIFF OMITTED] TR21SE98.021

Where:

Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable (including HAP) in 
          the emission stream
xj = mole fraction of each condensable (including HAP) in the 
          liquid phase
m = number of condensable compounds (including HAP) in the emission 
          stream
j = identifier for a condensable compound

    (3) The average ratio of moles of noncondensable to moles of an 
individual HAP in the emission stream is calculated using Equation 25 of 
this subpart; this calculation must be repeated for each HAP in the 
emission stream:
[GRAPHIC] [TIFF OMITTED] TR29AU00.005

Where:

nRi = average ratio of moles of noncondensable to moles of 
          individual HAP
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 23 of this subpart

[[Page 183]]

Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 24 of this subpart
Pi* = vapor pressure of each individual HAP
xi = mole fraction of each individual HAP in the liquid 
          phase.
n = number of HAP compounds
i = identifier for a HAP compound

    (4) The mass of HAP emitted shall be calculated using Equation 26 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.006

Where:

E = mass of HAP emitted
Vnc1 = initial volume of noncondensable gas in the vessel, as 
          calculated using Equation 21 of this subpart
Vnc2 = final volume of noncondensable gas in the vessel, as 
          calculated using Equation 22 of this subpart
nRi = average ratio of moles of noncondensable to moles of 
          individual HAP, as calculated using Equation 25 of this 
          subpart
Patm = atmospheric pressure, standard
R = ideal gas law constant
T = temperature of the vessel, absolute
MWi = molecular weight of each HAP

    (5) The moles of HAP vapor initially in the vessel are calculated 
using the ideal gas law using Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.024

Where:

YHAP = mole fraction of HAP (the sum of the individual HAP 
          fractions, [Sigma]Yi)
V = free volume in the vessel being depressurized
P1 = initial vessel pressure
R = ideal gas law constant
T = vessel temperature, absolute

    (6) The initial and final moles of noncondensable gas present in the 
vessel are calculated using Equations 28 and 29 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.025

[GRAPHIC] [TIFF OMITTED] TR21SE98.026

Where:

n1 = initial number of moles of noncondensable gas in the 
          vessel
n2 = final number of moles of noncondensable gas in the 
          vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 23 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 24 of this subpart
R = ideal gas law constant
T = temperature, absolute

    (7) The initial and final partial pressures of the noncondensable 
gas in the vessel are determined using Equations 23 and 24 of this 
subpart.
    (8) The moles of HAP emitted during the depressurization are 
calculated by taking an approximation of the average ratio of moles of 
HAP to moles of noncondensable and multiplying by the total moles of 
noncondensables released during the depressurization, using Equation 30 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.027

where:

nHAP = moles of HAP emitted
n1 = initial number of moles of noncondensable gas in the 
          vessel, as calculated using Equation 28 of this subpart

[[Page 184]]

n2 = final number of moles of noncondensable gas in the 
          vessel, as calculated using Equation 29 of this subpart

    (9) The mass of HAP emitted can be calculated using Equation 31 of 
this subpart:

E=[eta]HAP * MWHAP (Eq. 31)

where:

E = mass of HAP emitted
[eta]HAP = moles of HAP emitted, as calculated using Equation 
          30 of this subpart
MWHAP = average molecular weight of the HAP as calculated 
          using Equation 17 of this subpart

    (10) Emissions from depressurization may be calculated using 
equation 32 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR02AU01.034

Where:

V = free volume in vessel being depressurized
R = ideal gas law constant
T = temperature of the vessel, absolute
P1 = initial pressure in the vessel
P2 = final pressure in the vessel
Pj = partial pressure of the individual condensable compounds 
          (including HAP)
MWi = molecular weight of the individual HAP compounds
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission 
          stream
i = identifier for a HAP compound
j = identifier for a condensable compound.

    (E) Vacuum systems. Emissions from vacuum systems may be calculated 
using Equation 33 of this subpart if the air leakage rate is known or 
can be approximated. The individual HAP partial pressures may be 
calculated using Raoult's Law.
[GRAPHIC] [TIFF OMITTED] TR29AU00.007

Where:

E = mass of HAP emitted
Psystem = absolute pressure of receiving vessel or ejector 
          outlet conditions, if there is no receiver
Pi = partial pressure of the HAP at the receiver temperature 
          or the ejector outlet conditions
Pj = partial pressure of condensable (including HAP) at the 
          receiver temperature or the ejector outlet conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWi = molecular weight of the individual HAP in the emission 
          stream, with HAP partial pressures calculated at the 
          temperature of the receiver or ejector outlet, as appropriate

    (F) Gas evolution. Emissions from gas evolution shall be calculated 
using Equation 12 of this subpart with V calculated using Equation 34 of 
this subpart:

[[Page 185]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.030

Where:

V = volumetric flow rate of gas evolution
Wg = mass flow rate of gas evolution
R = ideal gas law constant
T = temperature at the exit, absolute
PT = vessel pressure
MWg = molecular weight of the evolved gas

    (G) Air drying. Emissions from air drying shall be calculated using 
Equation 35 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.031

Where:

E = mass of HAP emitted
B = mass of dry solids
PS1 = HAP in material entering dryer, weight percent
PS2 = HAP in material exiting dryer, weight percent

    (H) Empty vessel purging. Emissions from empty vessel purging shall 
be calculated using Equation 36 of this subpart (Note: The term 
e-Ft/v can be assumed to be 0):
[GRAPHIC] [TIFF OMITTED] TR21SE98.032

Where:

V = volume of empty vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP at the beginning 
          of the purge
(MWi) = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound

    (ii) Engineering assessments. The owner or operator shall conduct an 
engineering assessment to calculate uncontrolled HAP emissions for each 
emission episode that is not due to vapor displacement, purging, 
heating, depressurization, vacuum operations, gas evolution, or air 
drying. For emission episodes caused by any of these types of 
activities, the owner or operator also may calculate uncontrolled HAP 
emissions based on an engineering assessment if the owner or operator 
can demonstrate to the Administrator that the methods in paragraph 
(d)(2)(i) of this section are not appropriate. Modified versions of the 
engineering evaluation methods in paragraphs (d)(2)(i)(A) through (H) 
may be used if the owner or operator demonstrates that they have been 
used to meet other regulatory obligations, and they do not affect 
applicability assessments or compliance determinations under this 
subpart GGG. One criterion the owner or operator could use to 
demonstrate that the methods in paragraph (d)(2)(i) of this section are 
not appropriate is if previous test data are available that show a 
greater than 20 percent discrepancy between the test value and the 
estimated value. An engineering assessment includes, but is not limited 
to, the following:

[[Page 186]]

    (A) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit applicable 
to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations.
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities.
    (3) Estimation of HAP concentrations based on saturation conditions.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented in accordance with Sec.  63.1260(e). Data 
or other information supporting a finding that the emissions estimation 
equations are inappropriate shall be reported in the Precompliance 
report.
    (3) Controlled emissions. An owner or operator shall determine 
controlled emissions using the procedures in either paragraph (d)(3)(i) 
or (ii) of this section.
    (i) Small control devices. Except for condensers, controlled 
emissions for each process vent that is controlled using a small control 
device shall be determined by using the design evaluation described in 
paragraph (d)(3)(i)(A) of this section, or conducting a performance test 
in accordance with paragraph (d)(3)(ii) of this section. Whenever a 
small control device becomes a large control device, the owner or 
operator must comply with the provisions in paragraph (d)(3)(ii) of this 
section and submit the test report in the next Periodic report.
    (A) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency under worst-case conditions, as 
determined from the emission profile described in Sec.  
63.1257(b)(8)(ii). The control efficiency determined from this design 
evaluation shall be applied to uncontrolled emissions to estimate 
controlled emissions. The documentation must be conducted in accordance 
with the provisions in paragraph (a)(1) of this section. The design 
evaluation shall also include the value(s) and basis for the 
parameter(s) monitored under Sec.  63.1258.
    (B) Emission estimation equations. An owner or operator using a 
condenser as a control device shall determine controlled emissions using 
exhaust gas temperature measurements and calculations for each batch 
emission episode within each unit operation according to the engineering 
methodology in paragraphs (d)(3)(i)(B)(1) through (8) of this section. 
Individual HAP partial pressures shall be calculated as specified in 
paragraph (d)(2)(i) of this section.
    (1) Emissions from vapor displacement shall be calculated using 
Equation 11 of this subpart with T set equal to the temperature of the 
receiver and the HAP partial pressures determined at the temperature of 
the receiver.
    (2) Emissions from purging shall be calculated using Equation 12 of 
this subpart with T set equal to the temperature of the receiver and the 
HAP partial pressures determined at the temperature of the receiver.
    (3) Emissions from heating shall be calculated using either Equation 
13 of this subpart or Equation 37 of this subpart. In Equation 13, the 
HAP vapor pressures shall be determined at the temperature of the 
receiver. In Equations 13 and 37 of this subpart, [Delta][eta] is equal 
to the number of moles of noncondensable displaced from the vessel, as 
calculated using Equation 15 of this subpart. In Equations 13 and 37 of 
this subpart, the HAP average molecular weight shall be calculated using 
Equation 17 with the HAP partial pressures determined at the temperature 
of the receiver.

[[Page 187]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.033

Where:

E = mass of HAP emitted
[Delta][eta] = moles of noncondensable gas displaced
PT = pressure in the receiver
Pi = partial pressure of the individual HAP at the receiver 
          temperature
Pj = partial pressure of the individual condensable 
          (including HAP) at the receiver temperature
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
MWHAP = the average molecular weight of HAP in vapor exiting 
          the receiver, as calculated using Equation 17 of this subpart
m = number of condensable compounds (including HAP) in the emission 
          stream

    (4)(i) Emissions from depressurization shall be calculated using 
Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.034

Where:

E = mass of HAP vapor emitted
Vnc1 = initial volume of noncondensable in the vessel, 
          corrected to the final pressure, as calculated using Equation 
          39 of this subpart
Vnc2 = final volume of noncondensable in the vessel, as 
          calculated using Equation 40 of this subpart
Pi = partial pressure of each individual HAP at the receiver 
          temperature
Pj = partial pressure of each condensable (including HAP) at 
          the receiver temperature
PT = receiver pressure
T = temperature of the receiver
R = ideal gas law constant
MWHAP = the average molecular weight of HAP calculated using 
          Equation 17 of this subpart with partial pressures determined 
          at the receiver temperature
i = identifier for a HAP compound
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission 
          stream
j = identifier for a condensable compound

    (ii) The initial and final volumes of noncondensable gas present in 
the vessel, adjusted to the pressure of the receiver, are calculated 
using Equations 39 and 40 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.035

[GRAPHIC] [TIFF OMITTED] TR21SE98.036

Where:

Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 41 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 42 of this subpart
PT = pressure of the receiver

    (iii) Initial and final partial pressures of the noncondensable gas 
in the vessel are determined using Equations 41 and 42 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.037

[GRAPHIC] [TIFF OMITTED] TR21SE98.038

Where:

Pnc1 = initial partial pressure of the noncondensable gas in 
          the vessel
Pnc2 = final partial pressure of the noncondensable gas in 
          the vessel

[[Page 188]]

P1 = initial vessel pressure
P2 = final vessel pressure
Pj = partial pressure of each condensable compound (including 
          HAP) in the vessel
m = number of condensable compounds (including HAP) in the emission 
          stream
j = identifier for a condensable compound

    (5) Emissions from vacuum systems shall be calculated using Equation 
33 of this subpart.
    (6) Emissions from gas evolution shall be calculated using Equation 
12 with V calculated using Equation 34 of this subpart, T set equal to 
the receiver temperature, and the HAP partial pressures determined at 
the receiver temperature. The term for time, t, in Equation 12 of this 
subpart is not needed for the purposes of this calculation.
    (7) Emissions from air drying shall be calculated using Equation 11 
of this subpart with V equal to the air flow rate and Pi 
determined at the receiver temperature.
    (8) Emissions from empty vessel purging shall be calculated using 
equation 43 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.039

Where:

V = volume of empty vessel
R = ideal gas law constant
T1 = temperature of the vessel vapor space at beginning of 
          purge
T2 = temperature of the receiver, absolute
(Pi)T1 = partial pressure of the individual HAP at 
          the beginning of the purge
(Pi)T2 = partial pressure of the individual HAP at 
          the receiver temperature
MWi = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound

    (ii) Large control devices. Except for condensers, controlled 
emissions for each process vent that is controlled using a large control 
device shall be determined by applying the control efficiency of the 
large control device to the estimated uncontrolled emissions. The 
control efficiency shall be determined by conducting a performance test 
on the control device as described in paragraphs (d)(3)(ii)(A) through 
(C) of this section, or by using the results of a previous performance 
test as described in paragraph (d)(4) of this section. If the control 
device is intended to control only hydrogen halides and halogens, the 
owner or operator may assume the control efficiency of organic HAP is 
zero percent. If the control device is intended to control only organic 
HAP, the owner or operator may assume the control efficiency for 
hydrogen halides and halogen is zero percent. Owners and operators are 
not required to conduct performance tests for devices described in 
paragraphs (a)(4) and (d)(4) of this section that are large control 
devices, as defined in Sec.  63.1251.
    (A) The performance test shall be conducted by performing emission 
testing on the inlet and outlet of the control device following the test 
methods and procedures of Sec.  63.1257(b). Concentrations shall be 
calculated from the data obtained through emission testing according to 
the procedures in paragraph (a)(2) of this section.
    (B) Performance testing shall be conducted under absolute, or 
hypothetical worst-case conditions, as defined in paragraphs 
(b)(8)(i)(A) through (B) of this section.
    (C) The owner or operator may elect to conduct more than one 
performance test on the control device for the purpose of establishing 
more than one operating condition at which the control device achieves 
the required control efficiency.
    (iii) Initial compliance demonstration for condensers--(A) Air 
pollution control

[[Page 189]]

devices. During periods in which a condenser functions as an air 
pollution control device, controlled emissions shall be calculated using 
the emission estimation equations described in paragraph (d)(3)(i)(B) of 
this section.
    (B) Process condensers. During periods when the condenser is 
operating as a process condenser, the owner or operator is required to 
demonstrate that the process condenser is properly operated if the 
process condenser meets either of the criteria described in paragraphs 
(d)(3)(iii)(B)(1) and (2) of this section. The owner or operator must 
either measure the condenser exhaust gas temperature and show it is less 
than the boiling or bubble point of the substance(s) in the vessel, or 
perform a material balance around the vessel and condenser to show that 
at least 99 percent of the material vaporized while boiling is 
condensed. The initial demonstration shall be conducted for all 
appropriate operating scenarios and documented in the Notification of 
Compliance Status report described in Sec.  63.1260(f).
    (1) The process condenser is not followed by an air pollution 
control device; or
    (2) The air pollution control device following the process condenser 
is not a condenser or is not meeting the alternative standard of Sec.  
63.1254(c).
    (4) An owner or operator is not required to conduct a performance 
test for the following:
    (i) Any control device for which a previous performance test was 
conducted, provided the test was conducted using the same procedures 
specified in Sec.  63.1257(b) over conditions typical of the appropriate 
worst-case, as defined in Sec.  63.1257(b)(8)(i). The results of the 
previous performance test shall be used to demonstrate compliance.
    (e) Compliance with wastewater provisions--(1) Determining annual 
average concentration and annual load. To determine the annual average 
concentration and annual load of partially soluble and/or soluble HAP 
compounds in a wastewater stream, as required by Sec.  63.1256(a)(1), an 
owner or operator shall comply with the provisions in paragraphs 
(e)(1)(i) through (iii) of this section. A wastewater stream is exempt 
from the requirements of Sec.  63.1256(a)(2) if the owner or operator 
determines the annual average concentration and annual load are below 
all of the applicability cutoffs specified in Sec.  63.1256(a)(1)(i)(A) 
through (D). For annual average concentration, only initial rinses are 
included. Concentration measurements based on Method 305 shall be 
adjusted by dividing each concentration by the compound-specific Fm 
factor listed in Table 8 of this subpart. Concentration measurements 
based on methods other than Method 305 may not be adjusted by the 
compound-specific Fm factor listed in Table 8 of this subpart.
    (i) Annual average concentration definition. (A) When complying with 
Sec.  63.1256(a)(1)(i)(A), the annual average concentration means the 
total mass of partially soluble HAP compounds occurring in the 
wastewater stream during the calendar year divided by the total mass of 
the wastewater stream discharged during the same calendar year.
    (B) When complying with Sec.  63.1256(a)(1)(i) (B) or (C), the 
annual average concentration means the total mass of partially soluble 
and/or soluble HAP compounds occurring in the wastewater stream during 
the calendar year divided by the total mass of the wastewater stream 
discharged during the same calendar year.
    (C) When complying with Sec.  63.1256(a)(1)(i)(D), the annual 
average concentration means the total mass of soluble HAP compounds 
occurring in the wastewater stream during the calendar year divided by 
the total mass of the wastewater stream discharged during the same 
calendar year.
    (ii) Determination of annual average concentration. An owner or 
operator shall determine annual average concentrations of partially 
soluble and/or soluble HAP compounds in accordance with the provisions 
specified in paragraph (e)(1)(ii)(A), (B), or (C) of this section. The 
owner or operator may determine annual average concentrations by process 
simulation. Data and other information supporting the simulation shall 
be reported in the Precompliance Report for approval by the 
Administrator. The annual average concentration shall be determined 
either at the POD or downstream of the POD with

[[Page 190]]

adjustment for concentration changes made according to paragraph 
(e)(1)(ii)(D) of this section.
    (A) Test methods. The concentration of partially soluble HAP, 
soluble HAP, or total HAP shall be measured using any of the methods 
described in paragraphs (b)(10)(i) through (iv) of this section.
    (B) Knowledge of the wastewater stream. The concentration of 
partially soluble HAP, soluble HAP, or total HAP shall be calculated 
based on knowledge of the wastewater stream according to the procedures 
in paragraphs (e)(1)(ii)(B)(1) and (2) of this section. The owner or 
operator shall document concentrations in the Notification of Compliance 
Status report described in Sec.  63.1260(f).
    (1) Mass balance. The owner or operator shall calculate the 
concentrations of HAP compounds in wastewater considering the total 
quantity of HAP discharged to the water, the amount of water at the POD, 
and the amounts of water and solvent lost to other mechanisms such as 
reactions, air emissions, or uptake in product or other processing 
materials. The quantities of HAP and water shall be based on batch 
sheets, manufacturing tickets, or FDA bills of materials. In cases where 
a chemical reaction occurs that generates or consumes HAP, the amount of 
HAP remaining after a reaction shall be based on stoichometry assuming 
100 percent theoretical consumption or yield, as applicable.
    (2) Published water solubility data. For single components in water, 
owners and operators may use the water solubilities published in 
standard reference texts at the POD temperature to determine maximum HAP 
concentration.
    (C) Bench scale or pilot-scale test data. The concentration of 
partially soluble HAP, soluble HAP, or total HAP shall be calculated 
based on bench scale or pilot-scale test data. The owner or operator 
shall provide sufficient information to demonstrate that the bench-scale 
or pilot-scale test concentration data are representative of actual HAP 
concentrations. The owner or operator shall also provide documentation 
describing the testing protocol, and the means by which sample 
variability and analytical variability were accounted for in the 
determination of HAP concentrations. Documentation of the pilot-scale or 
bench scale analysis shall be provided in the precompliance report.
    (D) Adjustment for concentrations determined downstream of the POD. 
The owner or operator shall make corrections to the annual average 
concentration when the concentration is determined downstream of the POD 
at a location where: two or more wastewater streams have been mixed; one 
or more wastewater streams have been treated; or, losses to the 
atmosphere have occurred. The owner or operator shall make the 
adjustments either to the individual data points or to the final annual 
average concentration.
    (iii) Determination of annual load. An owner or operator shall 
calculate the partially soluble and/or soluble HAP load in a wastewater 
stream based on the annual average concentration determined in paragraph 
(e)(1)(ii) (A), (B), or (C) of this section and the total volume of the 
wastewater stream, based on knowledge of the wastewater stream in 
accordance with paragraphs (e)(1)(ii)(B) of this section. The owner or 
operator shall maintain records of the total liters of wastewater 
discharged per year as specified in Sec.  63.1259(b).
    (2) Compliance with treatment unit control provisions--(i) 
Performance tests and design evaluations-general. To comply with the 
control options in Sec.  63.1256(g) (10) or (13), neither a design 
evaluation nor a performance test is required. For any other 
nonbiological treatment process, the owner or operator shall conduct 
either a design evaluation as specified in paragraph (e)(2)(ii) of this 
section, or a performance test as specified in paragraph (e)(2)(iii) of 
this section to demonstrate that each nonbiological treatment process 
used to comply with Sec.  63.1256(g) (8), (9), and/or (12) achieves the 
conditions specified for compliance. The owner or operator shall 
demonstrate by the procedures in either paragraph (e)(2) (ii) or (iii) 
of this section that each closed biological treatment process used to 
comply with Sec.  63.1256 (g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12) 
achieves the conditions specified for compliance. If an open biological

[[Page 191]]

treatment unit is used to comply with Sec.  63.1256 (g)(8)(ii), 
(g)(9)(ii), (g)(11), or (g)(12), the owner or operator shall comply with 
the performance test requirements in paragraph (e)(2)(iii) of this 
section.
    (ii) Design evaluation. A design evaluation and supporting 
documentation that addresses the operating characteristics of the 
treatment process and that is based on operation at a wastewater stream 
flow rate and a concentration under which it would be most difficult to 
demonstrate compliance. For closed biological treatment processes, the 
percent reduction from removal/destruction in the treatment unit and 
control device shall be determined by a mass balance over the unit. The 
mass flow rate of soluble and/or partially soluble HAP compounds exiting 
the treatment process shall be the sum of the mass flow rate of soluble 
and/or partially soluble HAP compounds in the wastewater stream exiting 
the biological treatment process and the mass flow rate of the vented 
gas stream exiting the control device. The mass flow rate entering the 
treatment process minus the mass flow rate exiting the process 
determines the actual mass removal. Compounds that meet the requirements 
specified in paragraph (e)(2)(iii)(A)(4) of this section are not 
required to be included in the design evaluation; the term ``performance 
test'' in paragraph (e)(2)(iii)(A)(4) of this section shall mean 
``design evaluation'' for the purposes of this paragraph.
    (iii) Performance tests. Performance tests shall be conducted using 
test methods and procedures that meet the applicable requirements 
specified in paragraphs (e)(2)(iii)(A) through (G) of this section.
    (A) General. This paragraph specifies the general procedures for 
performance tests that are conducted to demonstrate compliance of a 
treatment process with the control requirements specified in Sec.  
63.1256(g).
    (1) Representative process unit operating conditions. Compliance 
shall be demonstrated for representative operating conditions. 
Operations during periods of malfunction and periods of nonoperation 
shall not constitute representative conditions. The owner or operator 
shall record the process information that is necessary to document 
operating conditions during the test.
    (2) Representative treatment process operating conditions. 
Performance tests shall be conducted when the treatment process is 
operating at a representative inlet flow rate and concentration. If the 
treatment process will be operating at several different sets of 
representative operating conditions, the owner or operator shall comply 
with paragraphs (e)(2)(iii)(A)(2)(i) and (ii) of this section. The owner 
or operator shall record information that is necessary to document 
treatment process or control device operating conditions during the 
test.
    (i) Range of operating conditions. If the treatment process will be 
operated at several different sets of representative operating 
conditions, performance testing over the entire range is not required. 
In such cases, the performance test results shall be supplemented with 
modeling and/or engineering assessments to demonstrate performance over 
the operating range.
    (ii) Consideration of residence time. If concentration and/or flow 
rate to the treatment process are not relatively constant (i.e., 
comparison of inlet and outlet data will not be representative of 
performance), the owner or operator shall consider residence time, when 
determining concentration and flow rate.
    (3) Testing equipment. All testing equipment shall be prepared and 
installed as specified in the applicable test methods, or as approved by 
the Administrator.
    (4) Compounds not required to be considered in performance tests. 
Compounds that meet the requirements specified in (e)(2)(iii)(A)(4)(i), 
(ii), or (iii) of this section are not required to be included in the 
performance test. Concentration measurements based on Method 305 shall 
be adjusted by dividing each concentration by the compound-specific Fm 
factor listed in Table 8 of this subpart. Concentration measurements 
based on methods other than Method 305 shall not be adjusted by the 
compound-specific Fm factor listed in Table 8 of this subpart.
    (i) Compounds not used or produced by the PMPU; or

[[Page 192]]

    (ii) Compounds with concentrations at the POD that are below 1 ppmw; 
or
    (iii) Compounds with concentrations at the POD that are below the 
lower detection limit where the lower detection limit is greater than 1 
ppmw. The method shall be an analytical method for wastewater which has 
the compound of interest as a target analyte.
    (5) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process to comply with emissions limitations, the owner 
or operator may use multiple treatment processes. The owner or operator 
complying with the requirements of Sec.  63.1256(g)(7)(i), when 
wastewater is conveyed by hard-piping, shall comply with either 
paragraph (e)(2)(iii)(A)(5)(i) or (ii) of this section. The owner or 
operator complying with the requirements of Sec.  63.1256(g)(7)(ii) 
shall comply with the requirements of paragraph (e)(2)(iii)(A)(5)(ii) of 
this section.
    (i) The owner or operator shall conduct the performance test across 
each series of treatment processes. For each series of treatment 
processes, inlet concentration and flow rate shall be measured either 
where the wastewater enters the first treatment process in a series of 
treatment processes, or prior to the first treatment process as 
specified in paragraph (e)(2)(iii)(A)(6) of this section. For each 
series of treatment processes, outlet concentration and flow rate shall 
be measured where the wastewater exits the last treatment process in the 
series of treatment processes, except when the last treatment process is 
an open or a closed aerobic biological treatment process demonstrating 
compliance by using the procedures in paragraphs (e)(2)(iii)(E) or (F) 
of this section. When the last treatment process is either an open or a 
closed aerobic biological treatment process demonstrating compliance by 
using the procedures in paragraphs (e)(2)(iii)(E) or (F) of this 
section, inlet and outlet concentrations and flow rates shall be 
measured at the inlet and outlet to the series of treatment processes 
prior to the biological treatment process and at the inlet to the 
biological treatment process, except as provided in paragraph 
(e)(2)(iii)(A)(6)(ii) of this section. The mass flow rate destroyed in 
the biological treatment process for which compliance is demonstrated 
using paragraph (e)(2)(iii)(E) or (F) of this section shall be added to 
the mass flow rate removed or destroyed in the series of treatment units 
before the biological treatment unit. This sum shall be used to 
calculate the overall control efficiency.
    (ii) The owner or operator shall conduct the performance test across 
each treatment process in the series of treatment processes. The mass 
flow rate removed or destroyed by each treatment process shall be added 
together and the overall control efficiency calculated to determine 
whether compliance has been demonstrated using paragraphs 
(e)(2)(iii)(C), (D), (E), (F), or (G) of this section, as applicable. If 
a biological treatment process is one of the treatment processes in the 
series of treatment processes, the inlet to the biological treatment 
process shall be the point at which the wastewater enters the biological 
treatment process, or the inlet to the equalization tank if all the 
criteria of paragraph (e)(2)(iii)(A)(6)(ii) of this section are met.
    (6) The owner or operator determining the inlet for purposes of 
demonstrating compliance with paragraph (e)(2)(iii)(E), or (F)of this 
section may elect to comply with paragraph (e)(2)(iii)(A)(6)(i) or (ii) 
of this section.
    (i) When wastewater is conveyed exclusively by hard-piping from the 
point of determination to a treatment process that is either the only 
treatment process or the first in a series of treatment processes (i.e., 
no treatment processes or other waste management units are used upstream 
of this treatment process to store, handle, or convey the wastewater), 
the inlet to the treatment process shall be at any location from the 
point of determination to where the wastewater stream enters the 
treatment process. When samples are taken upstream of the treatment 
process and before wastewater streams have converged, the owner or 
operator shall ensure that the mass flow rate of all affected wastewater 
is accounted for when using Sec.  63.1256(g)(8)(ii), (g)(9)(ii) or 
(g)(12) of this subpart to

[[Page 193]]

comply and that the mass flow rate of all wastewater, not just affected 
wastewater, is accounted for when using Sec.  63.1256(g)(11) to comply, 
except as provided in paragraph (e)(2)(iii)(A)(4) of this section.
    (ii) The owner or operator may consider the inlet to the 
equalization tank as the inlet to the biological treatment process if 
the wastewater is conveyed by hard-piping from either the last previous 
treatment process or the point of determination to the equalization 
tank; and the wastewater is conveyed from the equalization tank 
exclusively by hard-piping to the biological treatment process and no 
treatment processes or other waste management units are used to store, 
handle, or convey the wastewater between the equalization tank and the 
biological treatment process; and the equalization tank is equipped with 
a fixed roof and a closed-vent system that routes emissions to a control 
device that meets the requirements of Sec.  63.1256(b)(1)(i) through 
(iv) and Sec.  63.1256(b)(2)(i). The outlet from the series of treatment 
processes prior to the biological treatment process is the point at 
which the wastewater exits the last treatment process in the series 
prior to the equalization tank, if the equalization tank and biological 
treatment process are part of a series of treatment processes. The owner 
or operator shall ensure that the mass flow rate of all affected 
wastewater is accounted for when using Sec.  63.1256(g)(9)(ii) or (12) 
to comply and that the mass flow rate of all wastewater, not just 
affected wastewater is accounted for when using Sec.  63.1256(g)(11) to 
comply, except as provided in paragraph (e)(2)(iii)(A)(4) of this 
section.
    (B) Noncombustion treatment process--concentration limits. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a noncombustion treatment process with the ppmw wastewater 
stream concentration limits at the outlet of the treatment process. This 
compliance option is specified in Sec.  63.1256(g)(8)(i) and (9)(i). 
Wastewater samples shall be collected using sampling procedures which 
minimize loss of organic compounds during sample collection and analysis 
and maintain sample integrity per paragraph (b)(10)(vi) of this section. 
Samples shall be collected and analyzed using the procedures specified 
in paragraphs (b)(10)(i) through (vi) of this section. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately equally spaced time intervals over a 1-hour period. Each 
1-hour period constitutes a run, and the performance test shall consist 
of a minimum of three runs. Concentration measurements based on methods 
other than Method 305 may be adjusted by multiplying each concentration 
by the compound-specific Fm factor listed in Table 8 of this subpart. 
(For affected wastewater streams that contains both partially soluble 
and soluble HAP compounds, compliance is demonstrated only if the sum of 
the concentrations of partially soluble HAP compounds is less than 50 
ppmw, and the sum of the concentrations of soluble HAP compounds is less 
than 520 ppmw.)
    (C) Noncombustion, nonbiological treatment process: percent mass 
removal/destruction option. This paragraph applies to performance tests 
that are conducted to demonstrate compliance of a noncombustion, 
nonbiological treatment process with the percent mass removal limits 
specified in Sec.  63.1256(g)(8)(ii) and (9)(ii) for partially soluble 
and soluble HAP compounds, respectively. The owner or operator shall 
comply with the requirements specified in paragraphs (e)(2)(iii)(C)(1) 
through (5) of this section.
    (1) Concentration. The concentration of partially soluble and/or 
soluble HAP compounds entering and exiting the treatment process shall 
be determined as provided in this paragraph. Wastewater samples shall be 
collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity per paragraph (b)(10)(vi) of this section. The method shall be 
an analytical method for wastewater which has the compound of interest 
as a target analyte. Samples may be grab samples or composite samples. 
Samples shall be taken at approximately equally spaced time intervals 
over a 1-hour period. Each 1-hour period constitutes a run, and the 
performance test shall consist of a minimum of three runs. Concentration

[[Page 194]]

measurements based on Method 305 shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in Table 8 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not be adjusted by the compound-specific Fm factor 
listed in Table 8 of this subpart.
    (2) Flow rate. The flow rate of the entering and exiting wastewater 
streams shall be determined using inlet and outlet flow meters, 
respectively. Where the outlet flow is not greater than the inlet flow, 
a single flow meter may be used, and may be used at either the inlet or 
outlet. Flow rate measurements shall be taken at the same time as the 
concentration measurements.
    (3) Calculation of mass flow rate--for noncombustion, nonbiological 
treatment processes. The mass flow rates of partially soluble and/or 
soluble HAP compounds entering and exiting the treatment process are 
calculated using Equations 44 and 45 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.040

[GRAPHIC] [TIFF OMITTED] TR21SE98.041

Where:

QMWa, QMWb = mass flow rate of partially soluble 
          or soluble HAP compounds, average of all runs, in wastewater 
          entering (QMWa) or exiting (QMWb) the 
          treatment process, kg/hr
[rho] = density of the wastewater, kg/m\3\
Qa, k, Qbb, k = volumetric flow rate of wastewater 
          entering (Qa, k) or exiting (Qb, k) the 
          treatment process during each run k, m\3\/hr
CT, a, k, CT, b, k = total concentration of 
          partially soluble or soluble HAP compounds in wastewater 
          entering (CT, a, k) or exiting 
          (CT, b, k) the treatment process during each run k, 
          ppmw
p = number of runs
k = identifier for a run
10\6\ = conversion factor, mg/kg

    (4) Percent removal calculation for mass flow rate. The percent mass 
removal across the treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.042

Where:

E = removal or destruction efficiency of the treatment process, percent
QMWa, QMWb = mass flow rate of partially soluble 
          or soluble HAP compounds in wastewater entering 
          (QMWa) and exiting (QMWb) the treatment 
          process, kg/hr (as calculated using Equations 44 and 45 of 
          this subpart)

    (5) Compare mass removal efficiency to required efficiency. Compare 
the mass removal efficiency (calculated in Equation 46 of this subpart) 
to the required efficiency as specified in Sec.  63.1256(g)(8)(ii) or 
(9)(ii). If complying with Sec.  63.1256(g)(8)(ii), compliance is 
demonstrated if the mass removal efficiency is 99 percent or greater. If 
complying with Sec.  63.1256(g)(9)(ii), compliance is demonstrated if 
the mass removal efficiency is 90 percent or greater.
    (D) Combustion treatment processes: percent mass removal/destruction 
option. This paragraph applies to performance tests that are conducted 
to demonstrate compliance of a combustion treatment process with the 
percent mass destruction limits specified in Sec.  63.1256(g)(8)(ii) for 
partially soluble HAP compounds, and/or Sec.  63.1256(g)(9)(ii) for 
soluble HAP compounds. The owner or operator shall comply with the 
requirements specified in paragraphs (e)(2)(iii)(D)(1) through (8) of 
this section.
    (1) Concentration in wastewater stream entering the combustion 
treatment process. The concentration of partially soluble and/or soluble 
HAP compounds entering the treatment process shall be determined as 
provided in this paragraph. Wastewater samples shall be

[[Page 195]]

collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity per paragraph (b)(10)(vi) of this section. The method shall be 
an analytical method for wastewater which has the compound of interest 
as a target analyte. Samples may be grab samples or composite samples. 
Samples shall be taken at approximately equally spaced time intervals 
over a 1-hour period. Each 1-hour period constitutes a run, and the 
performance test shall consist of a minimum of three runs. Concentration 
measurements based on Method 305 of appendix A of this part shall be 
adjusted by dividing each concentration by the compound-specific Fm 
factor listed in Table 8 of this subpart. Concentration measurements 
based on methods other than Method 305 shall not be adjusted by the 
compound-specific Fm factor listed in Table 8 of this subpart.
    (2) Flow rate of wastewater entering the combustion treatment 
process. The flow rate of the wastewater stream entering the combustion 
treatment process shall be determined using an inlet flow meter. Flow 
rate measurements shall be taken at the same time as the concentration 
measurements.
    (3) Calculation of mass flow rate in wastewater stream entering 
combustion treatment processes. The mass flow rate of partially soluble 
and/or soluble HAP compounds entering the treatment process is 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.043

Where:

QMWa = mass flow rate of partially soluble or soluble HAP 
          compounds entering the combustion unit, kg/hr
[rho] = density of the wastewater stream, kg/m\3\
Qa, k = volumetric flow rate of wastewater entering the 
          combustion unit during run k, m\3\/hr
CT, a, k = total concentration of partially soluble or 
          soluble HAP compounds in the wastewater stream entering the 
          combustion unit during run k, ppmw
k = identifier for a run
p = number of runs

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

[[Page 196]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.044

Where:

QMGb = mass rate of TOC (minus methane and ethane) or total 
          partially soluble and/or soluble HAP, in vented gas stream, 
          exiting (QMGb) the combustion device, dry basis, 
          kg/hr
CGb, i = concentration of TOC (minus methane and ethane) or 
          total partially soluble and/or soluble HAP, in vented gas 
          stream, exiting (CGb, i) the combustion device, dry 
          basis, ppmv
MWi = molecular weight of a component, kilogram/kilogram-mole
QGb = flow rate of gas stream exiting (QGb) the 
          combustion device, dry standard cubic meters per hour
K2 = constant, 41.57 x 10-9 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram), where standard temperature (gram-mole per 
          standard cubic meter) is 20 [deg]C
i = identifier for a compound
n = number of components in the sample

    (7) Destruction efficiency calculation. The destruction efficiency 
of the combustion unit for partially soluble and/or soluble HAP 
compounds shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.045

Where:

E = destruction efficiency of partially soluble or soluble HAP compounds 
          for the combustion unit, percent
QMW\2a\ = mass flow rate of partially soluble or soluble HAP compounds 
          entering the combustion unit, kg/hr
QMGb = mass flow rate of TOC (minus methane and ethane) or 
          partially soluble and/or soluble HAP compounds in vented gas 
          stream exiting the combustion treatment process, kg/hr

    (8) Compare mass destruction efficiency to required efficiency. 
Compare the mass destruction efficiency (calculated in Equation 49 of 
this subpart) to the required efficiency as specified in Sec.  
63.1256(g)(8)(ii) or (g)(9)(ii). If complying with Sec.  
63.1256(g)(8)(ii), compliance is demonstrated if the mass destruction 
efficiency is 99 percent or greater. If complying with Sec.  
63.1256(g)(9)(ii), compliance is demonstrated if the mass destruction 
efficiency is 90 percent or greater.
    (E) Open or closed aerobic biological treatment processes: 95-
percent mass destruction option. This paragraph applies to performance 
tests that are conducted for open or closed aerobic biological treatment 
processes to demonstrate compliance with the 95-percent mass destruction 
provisions in Sec.  63.1256(g)(11) for partially soluble and/or soluble 
HAP compounds.
    (1) Concentration in wastewater stream. The concentration of 
partially soluble and/or soluble HAP as provided in this paragraph. 
Concentration measurements to determine E shall be taken as provided in 
paragraph (e)(2)(iii)(A)(5) of this section for a series of treatment 
processes. Wastewater samples shall be collected using sampling 
procedures which minimize loss of organic compounds during sample 
collection and analysis and maintain sample integrity per paragraph 
(b)(10)(vi) of this section. The method shall be an analytical method 
for wastewater which has the compound of interest as a target analyte. 
Samples may be grab samples or composite samples. Samples shall be taken 
at approximately equally spaced time intervals over a 1-hour period. 
Each 1-hour period constitutes a run, and the performance test shall 
consist of a minimum of three runs. Concentration measurements based on 
Method 305 shall be adjusted by dividing each concentration by the 
compound-specific Fm factor listed in Table 8 of this subpart. 
Concentration measurements based on methods other than Method 305 shall 
not be adjusted by the compound-specific Fm factor listed in Table 8 of 
this subpart.
    (2) Flow rate. Flow rate measurements to determine E shall be taken 
as provided in paragraph (e)(2)(iii)(A)(5) of this section for a series 
of treatment processes. Flow rate shall be determined using inlet and 
outlet flow measurement devices. Where the outlet flow is not greater 
than the inlet flow, a single flow measurement device may

[[Page 197]]

be used, and may be used at either the inlet or outlet. Flow rate 
measurements shall be taken at the same time as the concentration 
measurements.
    (3) Destruction efficiency. The owner or operator shall comply with 
the provisions in either paragraph (e)(2)(iii)(E)(3)(i) or (ii) of this 
section. Compliance is demonstrated if the destruction efficiency, E, is 
equal to or greater than 95 percent.
    (i) If the performance test is performed across the open or closed 
biological treatment system only, compliance is demonstrated if E is 
equal to Fbio, where E is the destruction efficiency of 
partially soluble and/or soluble HAP compounds and Fbio is 
the site-specific fraction of partially soluble and/or soluble HAP 
compounds biodegraded. Fbio shall be determined as specified 
in paragraph (e)(2)(iii)(E)(4) of this section and appendix C of subpart 
G of this part.
    (ii) If compliance is being demonstrated in accordance with 
paragraphs (e)(2)(iii)(A)(5)(i) or (ii) of this section, the removal 
efficiency shall be calculated using Equation 50 of this subpart. When 
complying with paragraph (e)(2)(iii)(A)(5)(i) of this section, the 
series of nonbiological treatment processes comprise one treatment 
process segment. When complying with paragraph (e)(2)(iii)(A)(5)(ii) of 
this section, each nonbiological treatment process is a treatment 
process segment.
[GRAPHIC] [TIFF OMITTED] TR21SE98.046

Where:

QMWa, i = the soluble and/or partially soluble HAP load 
          entering a treatment process segment
QMWb, i = the soluble and/or partially soluble HAP load 
          exiting a treatment process segment
n = the number of treatment process segments
i = identifier for a treatment process element
QMWbio = the inlet load of soluble and/or partially soluble 
          HAP to the biological treatment process. The inlet is defined 
          in accordance with paragraph (e)(2)(iii)(A)(6) of this 
          section. If complying with paragraph (e)(2)(iii)(A)(6)(ii) of 
          this section, QMWbio is equal to QMWb, n
Fbio = site-specific fraction of soluble and/or partially 
          soluble HAP compounds biodegraded. Fbio shall be 
          determined as specified in paragraph (e)(2)(iii)(E)(4) of this 
          section and Appendix C of subpart G of this part.
QMWall = the total soluble and/or partially soluble HAP load 
          to be treated.

    (4) Site-specific fraction biodegraded (Fbio). The 
procedures used to determine the compound-specific kinetic parameters 
for use in calculating Fbio differ for the compounds listed 
in Tables 2 and 3 of this subpart. An owner or operator shall calculate 
Fbio as specified in either paragraph (e)(2)(iii)(E)(4)(i) or 
(ii) of this section.
    (i) For biological treatment processes that do not meet the 
definition for enhanced biological treatment in Sec.  63.1251, the owner 
or operator shall determine the Fbio for the compounds in 
Tables 2 and 3 of this subpart using any of the procedures in appendix C 
to part 63, except procedure 3 (inlet and outlet concentration 
measurements). (The symbol ``Fbio'' represents the site-
specific fraction of an individual partially soluble or soluble HAP 
compound that is biodegraded.)
    (ii) If the biological treatment process meets the definition of 
``enhanced biological treatment process'' in Sec.  63.1251, the owner or 
operator shall determine Fbio for the compounds in Table 2 of 
this subpart using any of the procedures specified in appendix C to part 
63. The owner or operator shall calculate Fbio for the 
compounds in Table 3 of this subpart using the defaults for first order 
biodegradation rate constants (K1) in Table 9 of this subpart 
and follow the procedure explained in Form III of appendix C, 40 CFR 
part 63, or any of the procedures specified in appendix C of 40 CFR part 
63.

[[Page 198]]

    (F) Open or closed aerobic biological treatment processes: percent 
removal for partially soluble or soluble HAP compounds. This paragraph 
applies to the use of performance tests that are conducted for open or 
closed aerobic biological treatment processes to demonstrate compliance 
with the percent removal provisions for either partially soluble HAP 
compounds in Sec.  63.1256(g)(8)(ii) or soluble HAP compounds in Sec.  
63.1256(g)(9)(ii) or (g)(12). The owner or operator shall comply with 
the provisions in paragraph (e)(2)(iii)(E) of this section, except that 
compliance with Sec.  63.1256(g)(8)(ii) shall be demonstrated when E is 
equal to or greater than 99 percent, compliance with Sec.  
63.1256(g)(9)(ii) shall be demonstrated when E is equal to or greater 
than 90 percent, and compliance with Sec.  63.1256(g)(12) shall be 
demonstrated when E is equal to or greater than 99 percent.
    (G) Closed biological treatment processes: percent mass removal 
option. This paragraph applies to the use of performance tests that are 
conducted for closed biological treatment processes to demonstrate 
compliance with the percent removal provisions in Sec. Sec.  
63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12). The owner or 
operator shall comply with the requirements specified in paragraphs 
(e)(2)(iii)(G) (1) through (4) of this section.
    (1) Comply with the procedures specified in paragraphs 
(e)(2)(iii)(C) (1) through (3) of this section to determine 
characteristics of the wastewater entering the biological treatment 
unit, except that the term ``partially soluble and/or soluble HAP'' 
shall mean ``soluble HAP'' for the purposes of this section if the owner 
or operator is complying with Sec.  63.1256(g)(9)(ii) or (g)(12), and it 
shall mean ``partially soluble HAP'' if the owner or operator is 
complying with Sec.  63.1256(g)(8)(ii).
    (2) Comply with the procedures specified in paragraphs 
(e)(2)(iii)(D) (4) through (6) of this section to determine the 
characteristics of gas vent streams exiting a control device, with the 
differences noted in paragraphs (e)(2)(iii)(G)(3) (i) and (ii) of this 
section.
    (i) The term ``partially soluble and/or soluble HAP'' shall mean 
``soluble HAP'' for the purposes of this section if the owner or 
operator is complying with Sec.  63.1256(g)(9)(ii) or (g)(12), and it 
shall mean ``partially soluble HAP'' if the owner or operator is 
complying with Sec.  63.1256(g)(8)(ii).
    (ii) The term ``combustion treatment process'' shall mean ``control 
device'' for the purposes of this section.
    (3) Percent removal/destruction calculation. The percent removal and 
destruction across the treatment unit and any control device(s) shall be 
calculated using Equation 51 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.047

Where:

E = removal and destruction efficiency of the treatment unit and control 
          device(s), percent
QMWa, QMWb = mass flow rate of partially soluble 
          and/or soluble HAP compounds in wastewater entering 
          (QMWa) and exiting (QMWb) the treatment 
          process, kilograms per hour (as calculated using Equations 44 
          and 45)
QMGb = mass flow rate of partially soluble and/or soluble HAP 
          compounds in vented gas stream exiting the control device, kg/
          hr

    (4) Compare mass removal/destruction efficiency to required 
efficiency. Compare the mass removal/destruction efficiency (calculated 
using Equation 51 of this subpart) to the required efficiency as 
specified in Sec.  63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12). 
If complying with Sec.  63.1256(g)(8)(ii), compliance is demonstrated if 
the mass removal/destruction is 99 percent or greater. If complying with 
Sec.  63.1256(g)(9)(ii), compliance is demonstrated if the mass removal/
destruction efficiency is 90 percent or greater. If complying with

[[Page 199]]

Sec.  63.1256(g)(11), compliance is demonstrated if the mass removal/
destruction efficiency is 95 percent or greater. If complying with Sec.  
63.1256(g)(12), compliance is demonstrated if the mass removal/
destruction efficiency is 99 percent or greater.
    (3) Compliance with control device provisions. Except as provided in 
paragraph (e)(3)(iv) of this section, an owner or operator shall 
demonstrate that each control device or combination of control devices 
achieves the appropriate conditions specified in Sec.  63.1256(h)(2) by 
using one or more of the methods specified in paragraphs (e)(3)(i), 
(ii), or (iii) of this section.
    (i) Performance test for control devices other than flares. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a control device with the efficiency limits specified in 
Sec.  63.1256(h)(2). If complying with the 95-percent reduction 
efficiency requirement, comply with the requirements specified in 
paragraphs (e)(3)(i) (A) through (J) of this section. If complying with 
the 20 ppm by volume requirement, comply with the requirements specified 
in paragraphs (e)(3)(i) (A) through (G) and (e)(3)(i)(J) of this 
section.
    (A) General. The owner or operator shall comply with the general 
performance test provisions in paragraphs (e)(2)(iii)(A) (1) through (4) 
of this section, except that the term ``treatment unit'' shall mean 
``control device'' for the purposes of this section.
    (B) Sampling sites. Sampling sites shall be selected using Method 1 
or 1A of 40 CFR part 60, appendix A, as appropriate. For determination 
of compliance with the 95 percent reduction requirement, sampling sites 
shall be located at the inlet and the outlet of the control device. For 
determination of compliance with the 20 ppmv limit, the sampling site 
shall be located at the outlet of the control device.
    (C) Concentration in gas stream entering or exiting the control 
device. The concentration of total organic HAP or TOC in a gas stream 
shall be determined as provided in this paragraph. Samples may be grab 
samples or composite samples (i.e., integrated samples). Samples shall 
be taken at approximately equally spaced time intervals over a 1-hour 
period. Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of three runs. Concentration measurements 
shall be determined using Method 18 of 40 CFR part 60, appendix A. 
Alternatively, any other test method validated according to the 
procedures in Method 301 of appendix A of this part may be used.
    (D) Volumetric flow rate of gas stream entering or exiting the 
control device. The volumetric flow rate of the gas stream shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. Volumetric flow rate measurements shall be taken at the 
same time as the concentration measurements.
    (E) Calculation of TOC concentration. The owner or operator shall 
compute TOC in accordance with the procedures in paragraph (a)(2) of 
this section.
    (F) Calculation of total organic HAP concentration. The owner or 
operator determining compliance based on total organic HAP concentration 
shall compute the total organic HAP concentration in accordance with the 
provisions in paragraph (a)(2) of this section.
    (G) Requirements for combustion control devices. If the control 
device is a combustion device, the owner or operator shall correct TOC 
and organic HAP concentrations to 3 percent oxygen in accordance with 
the provisions in paragraph (a)(3) of this section, and demonstrate 
initial compliance with the requirements for halogenated streams in 
accordance with paragraph (a)(6) of this section.
    (H) Mass rate calculation. The mass rate of either TOC (minus 
methane and ethane) or total organic HAP for each sample run shall be 
calculated using the following equations. Where the mass rate of TOC is 
being calculated, all organic compounds (minus methane and ethane) 
measured by methods specified in paragraph (e)(3)(i)(C) of this section 
are summed using Equations 52 and 53 of this subpart. Where the mass 
rate of total organic HAP is being calculated, only soluble and 
partially soluble HAP compounds shall be summed using Equations 52 and 
53.

[[Page 200]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.048

[GRAPHIC] [TIFF OMITTED] TR21SE98.049

Where:

CGa, i, CGb, i = concentration of TOC or total 
          organic HAP, in vented gas stream, entering 
          (CGa, i) and exiting (CGb, i) the 
          control device, dry basis, ppmv
QMGa, QMGb = mass rate of TOC or total organic 
          HAP, in vented gas stream, entering (QMGa) and 
          exiting (QMGb) the control device, dry basis, kg/hr
Mwi = molecular weight of a component, kilogram/kilogram-mole
QGa,QGb = flow rate of gas stream entering 
          (QGa) and exiting (QGb) the control 
          device, dry standard cubic meters per hour
K2 = constant, 41.57 x 10-9 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram), where standard temperature (gram-mole per 
          standard cubic meter) is 20 [deg]C
i = identifier for a compound
n = number of components in the sample

    (I) Percent reduction calculation. The percent reduction in TOC or 
total organic HAP for each sample run shall be calculated using Equation 
54 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.050

Where:

E = destruction efficiency of control device, percent
QMGa,QMGb = mass rate of TOC or total organic HAP, 
          in vented gas stream entering and exiting (QMGb) 
          the control device, dry basis, kilograms per hour

    (J) Compare mass destruction efficiency to required efficiency. If 
complying with the 95-percent reduction efficiency requirement, 
compliance is demonstrated if the mass destruction efficiency 
(calculated in Equation 51 of this subpart) is 95 percent or greater. If 
complying with the 20 ppmv limit, compliance is demonstrated if the 
outlet TOC concentration is 20 ppmv, or less.
    (ii) Design evaluation. A design evaluation conducted in accordance 
with the provisions in paragraph (a)(1) of this section. Compounds that 
meet the requirements specified in paragraph (e)(2)(iii)(A)(4) of this 
section are not required to be included in the design evaluation.
    (iii) Compliance demonstration for flares. When a flare is used to 
comply with Sec.  63.1256(h), the owner or operator shall comply with 
the flare provisions in Sec.  63.11(b). An owner or operator is not 
required to conduct a performance test to determine percent emission 
reduction or outlet organic HAP or TOC concentration when a flare is 
used.
    (iv) Exemptions from compliance demonstrations. An owner or operator 
using any control device specified in paragraph (a)(4) of this section 
is exempt from the requirements in paragraphs (e)(3)(i) through 
(e)(3)(iii) of this section and from the requirements in Sec.  63.6(f).
    (f) Pollution prevention alternative standard. The owner or operator 
shall demonstrate compliance with Sec.  63.1252(e)(2) using the 
procedures described in paragraph (f)(1) and (f)(3) of this section. The 
owner or operator shall demonstrate compliance with Sec.  63.1252(e)(3) 
using the procedures described in paragraphs (f)(2) and (f)(3) of this 
section.
    (1) Compliance is demonstrated when the annual kg/kg factor, 
calculated according to the procedure in paragraphs (f)(1)(i) and (iii) 
of this section, is reduced by at least 75 percent as calculated 
according to the procedure in paragraph (f)(1)(i) and (ii) of this 
section.
    (i) The production-indexed HAP consumption factors shall be 
calculated by dividing annual consumption of total HAP by the annual 
production rate, per process. The production-indexed total VOC 
consumption factor shall be calculated by dividing annual consumption of 
total VOC by the annual production rate, per process.

[[Page 201]]

    (ii) The baseline factor is calculated from yearly production and 
consumption data for the first 3-year period in which the PMPU was 
operational, beginning no earlier than the 1987 calendar year, or for a 
minimum period of 12 months from startup of the process until the 
present in which the PMPU was operational and data are available, 
beginning no earlier than the 1987 calendar year.
    (iii) The annual factor is calculated on the following bases:
    (A) For continuous processes, the annual factor shall be calculated 
every 30 days for the 12-month period preceding the 30th day (30-day 
rolling average).
    (B) For batch processes, the annual factor shall be calculated 
either every 10 batches for the 12-month period preceding the 10th batch 
(10-batch rolling average) or a maximum of once per month, if the number 
of batches is greater than 10 batches per month. The annual factor shall 
be calculated every 5 batches if the number of batches is less than 10 
for the 12-month period preceding the 10th batch and shall be calculated 
every year if the number of batches is less than 5 for the 12-month 
period preceding the 5th batch.
    (2) Compliance is demonstrated when the requirements of paragraphs 
(f)(2)(i) through (iv) of this section are met.
    (i) The annual kg/kg factor, calculated according to the procedure 
in paragraphs (f)(1)(i) and (f)(1)(iii) of this section, is reduced to a 
value equal to or less than 50 percent of the baseline factor calculated 
according to the procedure in paragraphs (f)(1)(i) and (ii) of this 
section.
    (ii) The yearly reductions associated with add-on controls that meet 
the criteria of Sec. Sec.  63.1252(h)(3)(ii)(A) through (D) must be 
equal to or greater than the amounts calculated in paragraphs 
(f)(2)(ii)(A) and (B) of this section:
    (A) The mass of HAP calculated using Equation 55 of this subpart:
    [GRAPHIC] [TIFF OMITTED] TR29AU00.008
    
Where:

[kg/kg]b = the baseline production-indexed HAP consumption 
          factor, in kg/kg
Mprod = the annual production rate, in kg/yr
M = the annual reduction required by add-on controls, in kg/yr
PR = the fractional reduction in the annual kg/kg factor 
          achieved using pollution prevention where PR is 
          =0.5

    (B) The mass of VOC calculated using Equation 56 of this subpart:

VOC reduced = (VFbase - VFP - 
VFannual) x Mprod (Eq. 56)

Where:

VOCreduced = required VOC emission reduction from add-on 
          controls, kg/yr
VFbase = baseline VOC factor, kg VOC emitted/kg production
VFp = reduction in VOC factor achieved by pollution 
          prevention, kg VOC emitted/kg production
VFannual = target annual VOC factor, kg VOC emitted/kg 
          production
Mprod = production rate, kg/yr

    (iii) Demonstration that the criteria in Sec.  63.1252(e)(3)(ii)(A) 
through (D) are met shall be accomplished through a description of the 
control device and of the material streams entering and exiting the 
control device.
    (iv) The annual reduction achieved by the add-on control shall be 
quantified using the methods described in Sec.  63.1257(d).
    (3) Each owner or operator of a PMPU complying with the P2 standard 
shall prepare a P2 demonstration summary that shall contain, at a 
minimum, the following information:
    (i) Descriptions of the methodologies and forms used to measure and 
record daily consumption of HAP compounds reduced as part of the P2 
standard.
    (ii) Descriptions of the methodologies and forms used to measure and 
record daily production of products which are included in the P2 
standard.
    (iii) Supporting documentation for the descriptions provided in 
paragraphs (f)(3)(i) and (ii) including, but not limited to, operator 
log sheets and copies of daily, monthly, and annual inventories of 
materials and products.

[[Page 202]]

    (g) Compliance with storage tank provisions by using emissions 
averaging. An owner or operator with two or more affected storage tanks 
may demonstrate compliance with Sec.  63.1253, as applicable, by 
fulfilling the requirements of paragraphs (g)(1) through (4) of this 
section.
    (1) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all the information required in Sec.  
63.1259(e) 6 months prior to the compliance date of the standard. The 
Administrator shall have 90 days to approve or disapprove the emissions 
averaging plan after which time the plan shall be considered approved.
    (2) The annual mass rate of total organic HAP (ETi, 
ETo) shall be calculated for each storage tank included in 
the emissions average using the procedures specified in paragraph 
(c)(1), (2), or (3) of this section.
    (3) Equations 57 and 58 of this subpart shall be used to calculate 
total HAP emissions for those tanks subject to Sec.  63.1253(b) or (c):
[GRAPHIC] [TIFF OMITTED] TR21SE98.051

[GRAPHIC] [TIFF OMITTED] TR21SE98.052

Where:

Eij = yearly mass rate of total HAP at the inlet of the 
          control device for tank j
Eoj = yearly mass rate of total HAP at the outlet of the 
          control device for tank j
ETi = total yearly uncontrolled HAP emissions
ETo = total yearly actual HAP emissions
n = number of tanks included in the emissions average

    (4) The overall percent reduction efficiency shall be calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.053

Where:

R = overall percent reduction efficiency
D = discount factor = 1.1 for all controlled storage tanks

    (h) Compliance with process vent provisions by using emissions 
averaging. An owner or operator with two or more affected processes 
complying with Sec.  63.1254 by using emissions averaging shall 
demonstrate compliance with paragraphs (h)(1), (2) and (3) of this 
section.
    (1) The owner or operator shall develop and submit for approval an 
Implementation Plan at least 6 months prior to the compliance date of 
the standard containing all the information required in Sec.  
63.1259(e). The Administrator shall have 90 days to approve or 
disapprove the emissions averaging plan. The plan shall be considered 
approved if the Administrator either approves the plan in writing, or 
fails to disapprove the plan in writing. The 90-day period shall begin 
when the Administrator receives the request. If the request is denied, 
the owner or operator must still be in compliance with the standard by 
the compliance date.
    (2) Owners or operators shall calculate uncontrolled and controlled 
emissions of HAP by using the methods specified in paragraph (d)(2) and 
(3) of this section for each process included in the emissions average.
    (3) Equations 60 and 61 of this subpart shall be used to calculate 
total HAP emissions:
[GRAPHIC] [TIFF OMITTED] TR29AU00.009

[GRAPHIC] [TIFF OMITTED] TR29AU00.010

Where:

EUi = yearly uncontrolled emissions from process i.
ECi = yearly actual emissions for process i.
ETU = total yearly uncontrolled emissions.
ETC = total yearly actual emissions.
n = number of processes included in the emissions average.

    (4) The overall percent reduction efficiency shall be calculated 
using Equation 62 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.056

Where:

R = overall percent reduction efficiency

[[Page 203]]

D = discount factor = 1.1 for all controlled emission points

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52609, Aug. 29, 2000; 
66 FR 40134, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]



Sec.  63.1258  Monitoring Requirements.

    (a) The owner or operator of any existing, new, or reconstructed 
affected source shall provide evidence of continued compliance with the 
standard as specified in this section. During the initial compliance 
demonstration, maximum or minimum operating parameter levels, as 
appropriate, shall be established for emission sources that will 
indicate the source is in compliance. Test data, calculations, or 
information from the evaluation of the control device design shall be 
used to establish the operating parameter level.
    (b) Monitoring for control devices--(1) Parameters to monitor. 
Except as specified in paragraph (b)(1)(i) of this section, for each 
control device, the owner or operator shall install and operate 
monitoring devices and operate within the established parameter levels 
to ensure continued compliance with the standard. Monitoring parameters 
are specified for control scenarios in Table 4 of this subpart and in 
paragraphs (b)(1)(ii) through (xi) of this section.
    (i) Periodic verification. For control devices that control vent 
streams totaling less than 1 ton/yr HAP emissions, before control, 
monitoring shall consist of a daily verification that the device is 
operating properly. If the control device is used to control batch 
process vents alone or in combination with other streams, the 
verification may be on a per batch basis. This verification shall 
include, but not be limited to, a daily or per batch demonstration that 
the unit is working as designed and may include the daily measurements 
of the parameters described in (b)(1)(ii) through (x) of this section. 
This demonstration shall be included in the Precompliance report, to be 
submitted 6 months prior to the compliance date of the standard.
    (ii) Scrubbers. For affected sources using liquid scrubbers, the 
owner or operator shall establish a minimum scrubber liquid flow rate or 
pressure drop as a site-specific operating parameter which must be 
measured and recorded every 15 minutes during the period in which the 
scrubber is functioning in achieving the HAP removal required by this 
subpart. If the scrubber uses a caustic solution to remove acid 
emissions, the owner or operator shall establish a minimum pH of the 
effluent scrubber liquid as a site-specific operating parameter which 
must be monitored at least once a day. As an alternative to measuring 
pH, you may elect to continuously monitor the caustic strength of the 
scrubber effluent. The minimum scrubber flowrate or pressure drop shall 
be based on the conditions anticipated under worst-case conditions, as 
defined in Sec.  63.1257(b)(8)(i).
    (A) The monitoring device used to determine the pressure drop shall 
be certified by the manufacturer to be accurate to within a gage 
pressure of 10 percent of the maximum pressure 
drop measured.
    (B) The monitoring device used for measurement of scrubber liquid 
flowrate shall be certified by the manufacturer to be accurate within 
10 percent of the design scrubber liquid flowrate.
    (C) The monitoring device shall be calibrated annually.
    (iii) Condensers. For each condenser, the owner or operator shall 
establish the maximum condenser outlet gas temperature or product side 
temperature as a site specific operating parameter which much be 
measured and recorded at least every 15 minutes during the period in 
which the condenser is functioning in achieving the HAP removal required 
by this subpart.
    (A) The temperature monitoring device must be accurate to within 
2 percent of the temperature measured in degrees 
Celsius or 2.5 [deg]C, whichever is greater.
    (B) The temperature monitoring device must be calibrated annually.
    (iv) Regenerative carbon adsorbers. For each regenerative carbon 
adsorber, the owner or operator shall comply with the provisions in 
paragraphs (b)(1)(iv)(A) through (F) of this section.
    (A) Establish the regeneration cycle characteristics specified in 
paragraphs (b)(1)(iv)(A)(1) through (4) of this section under worst-case 
conditions, as defined in Sec.  63.1257(b)(8)(i).

[[Page 204]]

    (1) Minimum regeneration frequency (i.e., operating time since last 
regeneration);
    (2) Minimum temperature to which the bed is heated during 
regeneration;
    (3) Maximum temperature to which the bed is cooled, measured within 
15 minutes of completing the cooling phase; and
    (4) Minimum regeneration stream flow.
    (B) Monitor and record the regeneration cycle characteristics 
specified in paragraphs (b)(1)(iv)(B)(1) through (4) of this section for 
each regeneration cycle.
    (1) Regeneration frequency (operating time since end of last 
regeneration);
    (2) Temperature to which the bed is heated during regeneration;
    (3) Temperature to which the bed is cooled, measured within 15 
minutes of the completion of the cooling phase; and
    (4) Regeneration stream flow.
    (C) Use a temperature monitoring device that is accurate to within 
2 percent of the temperature measured in degrees 
Celsius or 2.5 [deg]C, whichever is greater.
    (D) Use a regeneration stream flow monitoring device capable of 
recording the total regeneration stream flow to within 10 percent of the established value (i.e., accurate to 
within 10 percent of the reading).
    (E) Calibrate the temperature and flow monitoring devices annually.
    (F) Conduct an annual check for bed poisoning in accordance with 
manufacturer's specifications.
    (v) Nonregenerative carbon adsorbers. For each nonregenerative 
carbon adsorber, the owner or operator shall establish and monitor the 
maximum time interval between replacement based on the conditions 
anticipated under worst-case, as defined in Sec.  63.1257(b)(8)(i).
    (vi) Flares. For each flare, the presence of the pilot flame shall 
be monitored every 15 minutes during the period in which the flare is 
functioning in achieving the HAP removal required by this subpart.
    (vii) Thermal incinerators. For each thermal incinerator, the owner 
or operator shall establish the minimum temperature of the gases exiting 
the combustion chamber as the site-specific operating parameter which 
must be measured and recorded at least once every 15 minutes during the 
period in which the combustion device is functioning in achieving the 
HAP removal required by this subpart.
    (A) The temperature monitoring device must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (B) The monitoring device must be calibrated annually.
    (viii) Catalytic incinerators. For each catalytic incinerator, the 
owner or operator shall monitor the temperature of the gas stream 
immediately before and after the catalyst bed. The owner or operator 
shall establish the minimum temperature of the gas stream immediately 
before the catalyst bed and the minimum temperature difference across 
the catalyst bed as the site-specific operating parameter which must be 
monitored and recorded at least once every 15 minutes during the period 
in which the catalytic incinerator is functioning in achieving the HAP 
removal required by this subpart.
    (A) The temperature monitoring devices must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (B) The temperature monitoring devices must be calibrated annually.
    (ix) Process heaters and boilers. (A) Except as specified in 
paragraph (b)(1)(ix)(B) of this section, for each boiler or process 
heater, the owner or operator shall establish the minimum temperature of 
the gases exiting the combustion chamber as the site-specific operating 
parameter which must be monitored and recorded at least once every 15 
minutes during the period in which the boiler or process heater is 
functioning in achieving the HAP removal required by this subpart.
    (1) The temperature monitoring device must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (2) The temperature monitoring device must be calibrated annually.

[[Page 205]]

    (B) The owner or operator is exempt from the monitoring requirements 
specified in paragraph (b)(1)(ix)(A) of this section if either:
    (1) All vent streams are introduced with primary fuel; or
    (2) The design heat input capacity of the boiler or process heater 
is 44 megawatts or greater.
    (x) Continuous emission monitor. As an alternative to the parameters 
specified in paragraphs (b)(1)(ii) through (ix) of this section, an 
owner or operator may monitor and record the outlet HAP concentration or 
both the outlet TOC concentration and outlet hydrogen halide and halogen 
concentration every 15 minutes during the period in which the control 
device is functioning in achieving the HAP removal required by this 
subpart. The owner or operator need not monitor the hydrogen halide and 
halogen concentration if, based on process knowledge, the owner or 
operator determines that the emission stream does not contain hydrogen 
halides or halogens. The HAP or TOC monitor must meet the requirements 
of Performance Specification 8 or 9 of appendix B of part 60 and must be 
installed, calibrated, and maintained, according to Sec.  63.8. As part 
of the QA/QC Plan, calibration of the device must include, at a minimum, 
quarterly cylinder gas audits.
    (xi) CVS visual inspections. The owner or operator shall perform 
monthly visual inspections of each closed vent system as specified in 
Sec.  63.1252(b).
    (2) Averaging periods. Averaging periods for parametric monitoring 
levels shall be established according to paragraphs (b)(2)(i) through 
(iii) of this section.
    (i) Except as provided in paragraph (b)(2)(iii) of this section, a 
daily (24-hour) or block average shall be calculated as the average of 
all values for a monitored parameter level set according to the 
procedures in (b)(3)(iii) of this section recorded during the operating 
day or block.
    (ii) The operating day or block shall be defined in the Notification 
of Compliance Status report. The daily average may be from midnight to 
midnight or another continuous 24-hour period. The block average is 
limited to a period of time that is, at a maximum, equal to the time 
from the beginning to end of a batch process.
    (iii) Monitoring values taken during periods in which the control 
devices are not functioning in controlling emissions, as indicated by 
periods of no flow, shall not be considered in the averages. Where flow 
to the device could be intermittent, the owner or operator shall 
install, calibrate and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.
    (3) Procedures for setting parameter levels for control devices used 
to control emissions--(i) Small control devices. Except as provided in 
paragraph (b)(1)(i) of this section, for devices controlling less than 
10 tons per year of HAP for which a performance test is not required, 
the parametric levels shall be set based on the design evaluation 
required in Sec.  63.1257(d)(3)(i). If a performance test is conducted, 
the monitoring parameter level shall be established according to the 
procedures in (b)(3)(ii) of this section.
    (ii) Large control devices. For devices controlling greater than 10 
tons per year of HAP for which a performance test is required, the 
parameter level must be established as follows:
    (A) If the operating parameter level to be established is a maximum, 
it must be based on the average of the values from each of the three 
test runs.
    (B) If the operating parameter level to be established is a minimum, 
it must be based on the average of the values from each of the three 
test runs.
    (C) The owner or operator may establish the parametric monitoring 
level(s) based on the performance test supplemented by engineering 
assessments and manufacturer's recommendations. Performance testing is 
not required to be conducted over the entire range of expected parameter 
values. The rationale for the specific level for each parameter, 
including any data and calculations used to develop the level(s) and a 
description of why the level indicates proper operation of the control 
device shall be provided in the Precompliance report. The procedures 
specified in this section have not been approved by the Administrator 
and determination of the parametric monitoring level using these 
procedures is

[[Page 206]]

subject to review and approval by the Administrator.
    (iii) Parameters for control devices controlling batch process 
vents. For devices controlling batch process vents alone or in 
combination with other streams, the parameter level(s) shall be 
established in accordance with paragraph (b)(3)(iii)(A) or (B) of this 
section.
    (A) If more than one batch emission episode has been selected to be 
controlled, a single level for the batch process(es) shall be determined 
from the initial compliance demonstration.
    (B) Instead of establishing a single level for the batch 
process(es), as described in paragraph (b)(3)(iii)(A) of this section, 
an owner or operator may establish separate levels for each batch 
emission episode, selected to be controlled. If separate monitoring 
levels are established, the owner or operator must provide a record 
indicating at what point in the daily schedule or log of processes 
required to be recorded per the requirements of Sec.  63.1259(b)(9) the 
parameter being monitored changes levels and must record at least one 
reading of the new parameter level, even if the duration of monitoring 
for the new parameter is less than 15-minutes.
    (4) Request approval to monitor alternative parameters. An owner or 
operator may request approval to monitor parameters other than those 
required by paragraphs (b)(1)(ii) through (ix) of this section. The 
request shall be submitted according to the procedures specified in 
Sec.  63.8(f) or included in the Precompliance report.
    (5) Monitoring for the alternative standards. (i) For control 
devices that are used to comply with the provisions of Sec.  63.1253(d) 
or Sec.  63.1254(c), the owner or operator shall monitor and record the 
outlet TOC concentration and the outlet hydrogen halide and halogen 
concentration every 15 minutes during the period in which the device is 
functioning in achieving the HAP removal required by this subpart using 
CEMS as specified in paragraphs (b)(5)(i)(A) through (D) of this 
section.
    (A) A TOC monitor meeting the requirements of EPA Performance 
Specification 8, 9, or 15 of appendix B of 40 CFR part 60 shall be 
installed, calibrated, and maintained according to Sec.  63.8.
    (B) Except as specified in paragraphs (b)(5)(i)(C) and (D) of this 
section, the owner or operator must monitor HCl using either a FTIR CEMS 
that meets Performance Specification 15 of appendix B of part 60 or any 
other CEMS capable of measuring HCl for which a performance 
specification has been promulgated in appendix B of part 60. To monitor 
HCl with a CEMS for which a performance specification has not been 
promulgated, the owner or operator must prepare a monitoring plan and 
submit it for approval in accordance with the procedures specified in 
Sec.  63.8.
    (C) As an alternative to using a CEMS as specified in paragraph 
(b)(5)(i)(B) of this section to monitor halogenated vent streams that 
are controlled by a combustion device followed by a scrubber, the owner 
or operator may elect to monitor scrubber operating parameters as 
specified in paragraph (b)(1)(ii) of this section that demonstrate the 
HCl emissions are reduced by at least 95 percent by weight.
    (D) The owner or operator need not monitor the hydrogen halide and 
halogen concentration if, based on process knowledge, the owner or 
operator determines that the emission stream does not contain hydrogen 
halides or halogens.
    (ii) An owner or operator complying with the alternative standard 
using control devices in which supplemental gases are added to the vents 
or manifolds must either correct for supplemental gases as specified in 
Sec.  63.1257(a)(3) or comply with the requirements of paragraph 
(b)(5)(ii)(A) or (B) of this section. If the owner or operator corrects 
for supplemental gases as specified in Sec.  63.1257(a)(3)(ii) for 
noncombustion control devices, the flow rates must be evaluated as 
specified in paragraph (b)(5)(ii)(C) of this section.
    (A) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec.  63.1257(a)(3), 
the owner or operator may monitor residence time and firebox temperature 
according to the requirements of paragraphs (b)(5)(ii)(A)(1) and (2) of 
this section. Monitoring of residence time may be

[[Page 207]]

accomplished by monitoring flowrate into the combustion chamber.
    (1) If complying with the alternative standard instead of achieving 
a control efficiency of 95 percent or less, the owner or operator must 
maintain a minimum residence time of 0.5 seconds and a minimum 
combustion chamber temperature of 760 [deg]C.
    (2) If complying with the alternative standard instead of achieving 
a control efficiency of 98 percent, the owner or operator must maintain 
a minimum residence time of 0.75 seconds and a minimum combustion 
chamber temperature of 816 [deg]C.
    (B) Provisions for dense gas systems. As an alternative to 
correcting for supplemental gases as specified in Sec.  63.1257(a)(3), 
for noncombustion devices used to control emissions from dense gas 
systems, as defined in Sec.  63.1251, the owner or operator shall 
monitor flowrate as specified in paragraphs (b)(5)(ii)(B)(1) through (4) 
of this section.
    (1) Use Equation 63 of this subpart to calculate the system flowrate 
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TR29AU00.011

Where:

Fs = system flowrate setpoint, scfm
Ean = annual emissions entering the control device, lbmols/yr

    (2) Annual emissions used in Equation 63 of this subpart must be 
based on the actual mass of organic compounds entering the control 
device, as calculated from the most representative emissions inventory 
data submitted within the 5 years before the Notification of Compliance 
Status report is due. The owner or operator must recalculate the system 
flowrate setpoint once every 5 years using the annual emissions from the 
most representative emissions inventory data submitted during the 5-year 
period after the previous calculation. Results of the initial 
calculation must be included in the Notification of Compliance Status 
report, and recalculated values must be included in the next Periodic 
report after each recalculation. For all calculations after the initial 
calculation, to use emissions inventory data calculated using procedures 
other than those specified in Sec.  63.1257(d), the owner or operator 
must submit the emissions inventory data calculations and rationale for 
their use in the Notification of Process Change report or an application 
for a part 70 permit renewal or revision.
    (3) In the Notification of Compliance Status report, the owner or 
operator may elect to establish both a maximum daily average operating 
flowrate limit above the flowrate setpoint and a reduced outlet 
concentration limit corresponding to this flowrate limit. The owner or 
operator may also establish reduced outlet concentration limits for any 
daily average flowrates between the flowrate setpoint and the flowrate 
limit. The correlation between these elevated flowrates and the 
corresponding outlet concentration limits must be established using 
Equation 64 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.012

Where:

Ca = adjusted outlet concentration limit, dry basis, ppmv
50 = outlet concentration limit associated with the flowrate setpoint, 
          dry basis, ppmv
Fs = system flowrate setpoint, scfm
Fa = actual system flowrate limit, scfm

    (4) The owner or operator must install and operate a monitoring 
system for measuring system flowrate. The flowrate into the control 
device must be monitored and recorded at least once every hour. The 
system flowrate must be calculated as the average of all values measured 
during each 24-hour operating day. The flowrate monitoring device must 
be accurate to within 5 percent of the system flowrate setpoint, and the 
flowrate monitoring device must be calibrated annually.
    (C) Flow rate evaluation for noncombustion devices. To demonstrate 
continuous compliance with the requirement to correct for supplemental 
gases as specified in Sec.  63.1257(a)(3)(ii) for noncombustion devices, 
the owner or operator must evaluate the volumetric flow rate of 
supplemental gases, Vs, and the volumetric flow rate of all 
gases, Va,

[[Page 208]]

each time a new operating scenario is implemented based on process 
knowledge and representative operating data. The procedures used to 
evaluate the flow rates, and the resulting correction factor used in 
Equation 7B of this subpart, must be included in the Notification of 
Compliance Status report and in the next Periodic report submitted after 
an operating scenario change.
    (6) Exceedances of operating parameters. An exceedance of an 
operating parameter is defined as one of the following:
    (i) If the parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration.
    (ii) If the parameter, averaged over the operating day or block, is 
above the maximum value established during the initial compliance 
demonstration.
    (iii) Each loss of all pilot flames for flares.
    (7) Excursions. Excursions are defined by either of the two cases 
listed in paragraphs (b)(7)(i) or (ii) of this section.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if 
measured values are unavailable for any of the required 15-minute 
periods within the hour.
    (8) Violations. Exceedances of parameters monitored according to the 
provisions of paragraphs (b)(1)(ii), (iv) through (ix), and 
(b)(5)(ii)(A) and (B) of this section, or excursions as defined by 
paragraphs (b)(7)(i) through (iii) of this section, constitute 
violations of the operating limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the temperature limit 
monitored according to the provisions of paragraph (b)(1)(iii) of this 
section or exceedances of the outlet concentrations monitored according 
to the provisions of paragraph (b)(1)(x) of this section constitute 
violations of the emission limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the outlet concentrations 
monitored according to the provisions of paragraph (b)(5) of this 
section constitute violations of the emission limit according to the 
provisions of paragraphs (b)(8)(iii) and (iv) of this section.
    (i) Except as provided in paragraph (b)(8)(iv) of this section, for 
episodes occurring more than once per day, exceedances of established 
parameter limits or excursions will result in no more than one violation 
per operating day for each monitored item of equipment utilized in the 
process.
    (ii) Except as provided in paragraph (b)(8)(iv) of this section, for 
control devices used for more than one process in the course of an 
operating day, exceedances or excursions will result in no more than one 
violation per operating day, per control device, for each process for 
which the control device is in service.
    (iii) Except as provided in paragraph (b)(8)(iv) of this section, 
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged 
over the operating day, will result in no more than one violation per 
day per control device. Except as provided in paragraph (b)(8)(iv) of 
this section, exceedances of the 20 or 50 ppmv hydrogen halide or 
halogen outlet emission limit, averaged over the operating day, will 
result in no more than one violation per day per control device.
    (c) Monitoring for emission limits. The owner or operator of any 
affected source complying with the provisions of Sec.  63.1254(a)(2) 
shall demonstrate continuous compliance with the 900 and 1,800 kg/yr 
emission limits by calculating daily 365-day rolling summations of 
emissions. During periods of planned routine maintenance when emissions 
are controlled as specified in Sec.  63.1252(h), the owner or operator 
must calculate controlled emissions assuming the HAP emissions are 
reduced by 93 percent. For any owner or operator opting to switch 
compliance strategy

[[Page 209]]

from the 93 percent control requirement to the annual mass emission 
limit method, as described in Sec.  63.1254(a)(1)(i), the rolling 
summations, beginning with the first day after the switch, must include 
emissions from the past 365 days.
    (d) Monitoring for equipment leaks. The owner or operator of any 
affected source complying with the requirements of Sec.  63.1255 of this 
subpart shall meet the monitoring requirements described Sec.  63.1255 
of this subpart.
    (e) Pollution prevention. The owner or operator of any affected 
source that chooses to comply with the requirements of Sec. Sec.  
63.1252(e)(2) and (3) shall calculate a yearly rolling average of kg HAP 
consumption per kg production and kg VOC consumption per kg production 
every month or every 10 batches. Each rolling average kg/kg factor that 
exceeds the value established in Sec.  63.1257(f)(1)(ii) will be 
considered a violation of the emission limit.
    (f) Emissions averaging. The owner or operator of any affected 
source that chooses to comply with the requirements of Sec.  63.1252(d) 
shall meet all monitoring requirements specified in paragraphs (b)(1) 
and (3) of this section, as applicable, for all processes and storage 
tanks included in the emissions average.
    (g) Inspection and monitoring of waste management units and 
treatment processes. (1) For each wastewater tank, surface impoundment, 
container, individual drain system, and oil-water separator that 
receives, manages, or treats wastewater, a residual removed from 
wastewater, a recycled wastewater, or a recycled residual removed from 
wastewater, the owner or operator shall comply with the inspection 
requirements specified in Table 7 of this subpart.
    (2) For each biological treatment unit used to comply with Sec.  
63.1256(g), the owner or operator shall monitor TSS, BOD, and the 
biomass concentration at a frequency approved by the permitting 
authority and using methods approved by the permitting authority. The 
owner or operator may request approval to monitor other parameters. The 
request shall be submitted in the Precompliance report according to the 
procedures specified in Sec.  63.1260(e), and shall include a 
description of planned reporting and recordkeeping procedures. The owner 
or operator shall include as part of the submittal the basis for the 
selected monitoring frequencies and the methods that will be used. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application or by other 
appropriate means.
    (3) For nonbiological treatment units, the owner or operator shall 
request approval to monitor appropriate parameters that demonstrate 
proper operation of the selected treatment process. The request shall be 
submitted in the Precompliance report according to the procedures 
specified in Sec.  63.1260(e), and shall include a description of 
planned reporting and recordkeeping procedures. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the permit application or by other appropriate means.
    (h) Leak inspection provisions for vapor suppression equipment. (1) 
Except as provided in paragraph (h)(9) and (10) of this section, for 
each vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (h)(2) through (8) of 
this section.
    (2) Except as provided in paragraphs (h)(6) and (7) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs 
(h)(2)(i) and (ii) of this section and each fixed roof, cover, and 
enclosure shall be inspected according to the procedures and schedule 
specified in paragraph (h)(2)(iii) of this section.
    (i) If the vapor collection system or closed-vent system is 
constructed of hard-piping, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the vapor collection system or closed-vent system is 
constructed of ductwork, the owner or operator shall:

[[Page 210]]

    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual inspections according to the procedures in 
paragraph (h)(3) of this section.
    (C) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (iii) For each fixed roof, cover, and enclosure, the owner or 
operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct semiannual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) Each vapor collection system, closed-vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in paragraphs (h)(3)(i) through (v) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (ii) Detection instrument performance criteria. (A) Except as 
provided in paragraph (h)(3)(ii)(B) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the average composition of 
the process fluid not each individual VOC in the stream. For process 
streams that contain nitrogen, air, or other inerts which are not 
organic HAP or VOC, the average stream response factor shall be 
calculated on an inert-free basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (h)(3)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (h)(3)(ii)(A) of this section.
    (iii) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(h)(2)(ii)(A) of this section. In such cases, the calibration gas may be 
a mixture of one or more of the compounds to be measured in air.
    (v) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Sec.  63.180(b) and 
(c). The owner or operator shall subtract background reading from the 
maximum concentration indicated by the instrument.
    (vi) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (vii) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (4) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (h)(5) 
of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (h)(4)(iii) of 
this section.
    (iii) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (5) Delay of repair of a vapor collection system, closed-vent 
system, fixed

[[Page 211]]

roof, cover, or enclosure for which leaks have been detected is allowed 
if the repair is technically infeasible without a shutdown, as defined 
in Sec.  63.1251, or if the owner or operator determines that emissions 
resulting from immediate repair would be greater than the fugitive 
emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next shutdown.
    (6) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of 
this section if:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs 
(h)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (7) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (h)(2)(i), (ii), and 
(iii)(A) of this section if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (8) Records shall be maintained as specified in Sec.  63.1259(i) (4) 
through (9).
    (9) If a closed-vent system subject to this section is also subject 
to the equipment leak provisions of Sec.  63.1255, the owner or operator 
shall comply with the provisions of Sec.  63.1255 and is exempt from the 
requirements of this section.
    (10) Instead of complying with the provisions of paragraphs (h)(2) 
through (8) of this section, an owner or operator may design a closed-
vent system to operate at a pressure below atmospheric pressure. The 
system shall be equipped with at least one pressure gauge or other 
pressure measurement device that can be read from a readily accessible 
location to verify that negative pressure is being maintained in the 
closed-vent system when the associated control device is operating.
    (i) Planned routine maintenance. During periods of planned routine 
maintenance when organic HAP emissions are controlled as specified in 
Sec.  63.1252(h)(2), the owner or operator must monitor the condenser 
outlet gas temperature according to the procedures specified in 
paragraph (b)(1)(iii) of this section. During periods of planned routine 
maintenance when HCl emissions are controlled as specified in Sec.  
63.1252(h)(3), the owner or operator must monitor the pH of the scrubber 
effluent once per day.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52612, Aug. 29, 2000; 
66 FR 40134, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 
20, 2006; 76 FR 22601, Apr. 21, 2011]



Sec.  63.1259  Recordkeeping requirements.

    (a) Requirements of subpart A of this part. The owner or operator of 
an affected source shall comply with the recordkeeping requirements in 
subpart A of this part as specified in Table 1 of this subpart and in 
paragraphs (a)(1) through (5) of this section.
    (1) Data retention. Each owner or operator of an affected source 
shall keep copies of all records and reports required by this subpart 
for at least 5 years, as specified in Sec.  63.10(b)(1).
    (2) Records of applicability determinations. The owner or operator 
of a stationary source that is not subject to this subpart shall keep a 
record of the applicability determination, as specified in Sec.  
63.10(b)(3).
    (3) Malfunction records. Each owner or operator of an affected 
source subject to this subpart shall maintain records of the occurrence 
and duration of each malfunction of operation (i.e., process equipment), 
air pollution control equipment, or monitoring equipment. Each owner or 
operator shall maintain records of actions taken during periods of 
malfunction to minimize emissions in accordance with Sec.  
63.1250(g)(3), including corrective actions to restore

[[Page 212]]

malfunctioning process and air pollution control and monitoring 
equipment to its normal or usual manner of operation.
    (4) Recordkeeping requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source who 
elects to install a continuous monitoring system shall maintain records 
specified in Sec.  63.10(c)(1) through (14).
    (5) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec.  63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec.  63.5(d)(1)(ii)(H), (d)(2), 
and (d)(3)(ii).
    (b) Records of equipment operation. The owner or operator must keep 
the following records up-to-date and readily accessible:
    (1) Each measurement of a control device operating parameter 
monitored in accordance with Sec.  63.1258 and each measurement of a 
treatment process parameter monitored in accordance with Sec.  
63.1258(g)(2) and (3).
    (2) For processes subject to Sec.  63.1252(e), records of 
consumption, production, and the rolling average values of the 
production-indexed HAP and VOC consumption factors.
    (3) For each continuous monitoring system used to comply with this 
subpart, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems.
    (4) For purposes of compliance with the annual mass limits of Sec.  
63.1254(a)(2) and (b)(2), daily records of the rolling annual total 
emissions.
    (5) Records of the following, as appropriate:
    (i) For processes that are in compliance with the percent reduction 
requirements of Sec.  63.1254(a)(1) or (b)(1) and that contain vents 
controlled to less than the percent reduction requirement, the records 
specified in paragraphs (b)(5)(i)(A) through (C) of this section are 
required.
    (A) Standard batch uncontrolled and controlled emissions for each 
process;
    (B) Actual uncontrolled and controlled emissions for each 
nonstandard batch; and
    (C) A record whether each batch operated was considered a standard 
batch.
    (ii) For processes in compliance with the annual mass limits of 
Sec.  63.1254(a)(2) or (b)(2), the following records are required:
    (A) The number of batches per year for each batch process;
    (B) The operating hours per year for continuous processes;
    (C) Standard batch uncontrolled and controlled emissions for each 
process;
    (D) Actual controlled emissions for each batch operated during 
periods of planned routine maintenance of a CCCD, calculated according 
to Sec.  63.1258(c).
    (E) Actual uncontrolled and controlled emissions for each 
nonstandard batch;
    (F) A record whether each batch operated was considered a standard 
batch.
    (6) Wastewater concentration per POD or process, except as provided 
in Sec.  63.1256(a)(1)(ii).
    (7) Number of storage tank turnovers per year, if used in an 
emissions average.
    (8) A schedule or log of each operating scenario updated daily or, 
at a minimum, each time a different operating scenario is put into 
operation.
    (9) Description of worst-case operating conditions as required in 
Sec.  63.1257(b)(8).
    (10) Periods of planned routine maintenance as described in 
Sec. Sec.  63.1252(h) and 63.1257(c)(5).
    (11) If the owner or operator elects to comply with Sec.  63.1253(b) 
or (c) by installing a floating roof, the owner or operator must keep 
records of each inspection and seal gap measurement in accordance with 
Sec.  63.123(c) through (e) as applicable.
    (12) If the owner or operator elects to comply with the vapor 
balancing alternative in Sec.  63.1253(f), the owner or operator must 
keep records of the DOT certification required by Sec.  63.1253(f)(2) 
and the pressure relief vent setting and the leak detection records 
specified in Sec.  63.1253(f)(5).
    (13) All maintenance performed on the air pollution control 
equipment.
    (c) Records of operating scenarios. The owner or operator of an 
affected source

[[Page 213]]

shall keep records of each operating scenario which demonstrates 
compliance with this subpart.
    (d) Records of equipment leak detection and repair programs. The 
owner or operator of any affected source implementing the leak detection 
and repair (LDAR) program specified in Sec.  63.1255 of this subpart, 
shall implement the recordkeeping requirements in Sec.  63.1255 of this 
subpart.
    (e) Records of emissions averaging. The owner or operator of any 
affected source that chooses to comply with the requirements of Sec.  
63.1252(d) shall maintain up-to-date records of the following 
information:
    (1) An Implementation Plan which shall include in the plan, for all 
process vents and storage tanks included in each of the averages, the 
information listed in paragraphs (e)(1)(i) through (v) of this section.
    (i) The identification of all process vents and storage tanks in 
each emissions average.
    (ii) The uncontrolled and controlled emissions of HAP and the 
overall percent reduction efficiency as determined in Sec. Sec.  
63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable.
    (iii) The calculations used to obtain the uncontrolled and 
controlled HAP emissions and the overall percent reduction efficiency.
    (iv) The estimated values for all parameters required to be 
monitored under Sec.  63.1258(f) for each process and storage tank 
included in an average.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping and reporting provisions in Sec. Sec.  
63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to 
each emission point in the emissions average will be implemented 
beginning on the date of compliance.
    (2) The Implementation Plan must demonstrate that the emissions from 
the processes and storage tanks proposed to be included in the average 
will not result in greater hazard or, at the option of the operating 
permit authority, greater risk to human health or the environment than 
if the storage tanks and process vents were controlled according to the 
provisions in Sec. Sec.  63.1253 and 63.1254, respectively.
    (i) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (A) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (B) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use or any other technically sound information or methods.
    (ii) An emissions averaging plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Sec. Sec.  63.1253 and 63.1254.
    (iii) A hazard or risk equivalency demonstration must:
    (A) Be a quantitative, comparative chemical hazard or risk 
assessment;
    (B) Account for differences between averaging and non-averaging 
options in chemical hazard or risk to human health or the environment; 
and
    (C) Meet any requirements set by the Administrator for such 
demonstrations.
    (3) Records as specified in paragraphs (a), (b) and (d) of this 
section.
    (4) A rolling quarterly calculation of the annual percent reduction 
efficiency as specified in Sec.  63.1257(g) and (h).
    (f) Records of delay of repair. Documentation of a decision to use a 
delay of repair due to unavailability of parts, as specified in Sec.  
63.1256(i), shall include a description of the failure, the reason 
additional time was necessary (including a statement of why replacement 
parts were not kept onsite and when delivery from the manufacturer is 
scheduled), and the date when the repair was completed.
    (g) Record of wastewater stream or residual transfer. The owner or 
operator transferring an affected wastewater

[[Page 214]]

stream or residual removed from an affected wastewater stream in 
accordance with Sec.  63.1256(a)(5) shall keep a record of the notice 
sent to the treatment operator stating that the wastewater stream or 
residual contains organic HAP which are required to be managed and 
treated in accordance with the provisions of this subpart.
    (h) Records of extensions. The owner or operator shall keep 
documentation of a decision to use an extension, as specified in Sec.  
63.1256(b)(6)(ii) or (b)(9), in a readily accessible location. The 
documentation shall include a description of the failure, documentation 
that alternate storage capacity is unavailable, and specification of a 
schedule of actions that will ensure that the control equipment will be 
repaired and the tank will be emptied as soon as practical.
    (i) Records of inspections. The owner or operator shall keep records 
specified in paragraphs (i)(1) through (9) of this section.
    (1) A record that each waste management unit inspection required by 
Sec.  63.1256(b) through (f) was performed.
    (2) A record that each inspection for control devices required by 
Sec.  63.1256(h) was performed.
    (3) A record of the results of each seal gap measurement required by 
Sec.  63.1256(b)(5) and (f)(3). The records shall include the date of 
measurement, the raw data obtained in the measurement, and the 
calculations described in Sec.  63.120(b)(2) through (4).
    (4) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect in accordance with Sec.  63.1258(h)(6), an 
explanation of why the equipment is unsafe to inspect, and the plan for 
inspecting the equipment.
    (5) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as difficult to inspect in accordance with Sec.  63.1258(h)(7), an 
explanation of why the equipment is difficult to inspect, and the plan 
for inspecting the equipment.
    (6) For each vapor collection system or closed-vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep a 
record of the information specified in either paragraph (i)(6)(i) or 
(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
Sec.  63.1252(b)(1) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times and 
durations of all periods when the vent stream is diverted from the 
control device or the flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with Sec.  
63.1252(b)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanisms has been done, and shall record the 
occurrence of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (7) For each inspection conducted in accordance with Sec.  
63.1258(h)(2) and (3) during which a leak is detected, a record of the 
information specified in paragraphs (i)(7)(i) through (ix) of this 
section.
    (i) Identification of the leaking equipment.
    (ii) The instrument identification numbers and operator name or 
initials, if the leak was detected using the procedures described in 
Sec.  63.1258(h)(3); or a record that the leak was detected by sensory 
observations.
    (iii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iv) Maximum instrument reading measured by the method specified in 
Sec.  63.1258(h)(4) after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (vi) The name, initials, or other form of identification of the 
owner or operator (or designee) whose decision it was that repair could 
not be effected without a shutdown.

[[Page 215]]

    (vii) The expected date of successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (viii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (ix) The date of successful repair of the leak.
    (8) For each inspection conducted in accordance with Sec.  
63.1258(h)(3) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (9) For each visual inspection conducted in accordance with Sec.  
63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no 
leaks are detected, a record that the inspection was performed, the date 
of the inspection, and a statement that no leaks were detected.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52613, Aug. 29, 2000; 
66 FR 40135, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 
20, 2006; 76 FR 22601, Apr. 21, 2011]



Sec.  63.1260  Reporting requirements.

    (a) The owner or operator of an affected source shall comply with 
the reporting requirements of paragraphs (b) through (n) of this 
section. Applicable reporting requirements of Sec. Sec.  63.9 and 63.10 
are also summarized in Table 1 of this subpart.
    (b) Initial notification. The owner or operator shall submit the 
applicable initial notification in accordance with Sec.  63.9(b) or (d).
    (c) Application for approval of construction or reconstruction. An 
owner or operator who is subject to Sec.  63.5(b)(3) shall submit to the 
Administrator an application for approval of the construction of a new 
major affected source, the reconstruction of a major affected source, or 
the reconstruction of a major source such that the source becomes a 
major affected source subject to the standards. The application shall be 
prepared in accordance with Sec.  63.5(d).
    (d) Notification of CMS performance evaluation. An owner or operator 
who is required by the Administrator to conduct a performance evaluation 
for a continuous monitoring system shall notify the Administrator of the 
date of the performance evaluation as specified in Sec.  63.8(e)(2).
    (e) Precompliance report. The Precompliance report shall be 
submitted at least 6 months prior to the compliance date of the 
standard. For new sources, the Precompliance report shall be submitted 
to the Administrator with the application for approval of construction 
or reconstruction. The Administrator shall have 90 days to approve or 
disapprove the plan. The plan shall be considered approved if the 
Administrator either approves the plan in writing, or fails to 
disapprove the plan in writing. The 90 day period shall begin when the 
Administrator receives the request. If the request is denied, the owner 
or operator must still be in compliance with the standard by the 
compliance date. To change any of the information submitted in the 
report, the owner or operator shall notify the Administrator 90 days 
before the planned change is to be implemented; the change shall be 
considered approved if the Administrator either approves the change in 
writing, or fails to disapprove the change in writing. The Precompliance 
report shall include:
    (1) Requests for approval to use alternative monitoring parameters 
or requests to set monitoring parameters according to Sec.  
63.1258(b)(4).
    (2) Descriptions of the daily or per batch demonstrations to verify 
that control devices subject to Sec.  63.1258(b)(1)(i) are operating as 
designed.
    (3) A description of test conditions, and the corresponding 
monitoring parameter values for parameters that are set according to 
Sec.  63.1258(b)(3)(ii)(C).
    (4) For owners and operators complying with the requirements of 
Sec.  63.1252(e), the P2 demonstration summary required in Sec.  
63.1257(f).
    (5) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions from process vents as required in Sec.  
63.1257(d)(2)(ii).
    (6) Data and other information supporting the determination of 
annual average concentrations by process simulation as required in Sec.  
63.1257(e)(1)(ii).
    (7) Bench scale or pilot-scale test data and rationale used to 
determine annual average concentrations as required in Sec.  
63.1257(e)(1)(ii)(C).

[[Page 216]]

    (f) Notification of Compliance Status report. The Notification of 
Compliance Status report required under Sec.  63.9 shall be submitted no 
later than 150 days after the compliance date and shall include:
    (1) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from the affected source.
    (2) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, or calculations used to 
demonstrate compliance. For performance tests, results should include 
descriptions of sampling and analysis procedures and quality assurance 
procedures.
    (3) Descriptions of monitoring devices, monitoring frequencies, and 
the values of monitored parameters established during the initial 
compliance determinations, including data and calculations to support 
the levels established.
    (4) Listing of all operating scenarios.
    (5) Descriptions of worst-case operating and/or testing conditions 
for control devices.
    (6) Identification of emission points subject to overlapping 
requirements described in Sec.  63.1250(h) and the authority under which 
the owner or operator will comply.
    (7) Anticipated periods of planned routine maintenance of a CCCD 
subject to Sec.  63.1252(h) during the period between the compliance 
date and the end of the period covered by the first Periodic report, and 
if applicable, the rationale for why the planned routine maintenance 
must be performed while a process with a vent subject to Sec.  
63.1254(a)(3) will be operating.
    (g) Periodic reports. An owner or operator shall prepare Periodic 
reports in accordance with paragraphs (g)(1) and (2) of this section and 
submit them to the Administrator.
    (1) Submittal schedule. Except as provided in paragraphs (g)(1)(i), 
(ii), and (iii) of this section, an owner or operator shall submit 
Periodic reports semiannually. The first report shall be submitted no 
later than 240 days after the Notification of Compliance Status is due 
and shall cover the 6-month period beginning on the date the 
Notification of Compliance Status is due. Each subsequent Periodic 
report shall cover the 6-month period following the preceding period.
    (i) When the Administrator determines on a case-by-case basis that 
more frequent reporting is necessary to accurately assess the compliance 
status of the affected source; or
    (ii) Quarterly reports shall be submitted when the source 
experiences an exceedance of a temperature limit monitored according to 
the provisions of Sec.  63.1258(b)(1)(iii) or an exceedance of the 
outlet concentration monitored according to the provisions of Sec.  
63.1258(b)(1)(x) or (b)(5). Once an affected source reports quarterly, 
the affected source shall follow a quarterly reporting format until a 
request to reduce reporting frequency is approved. If an owner or 
operator submits a request to reduce the frequency of reporting, the 
provisions in Sec.  63.10(e)(3)(ii) and (iii) shall apply, except that 
the phrase ``excess emissions and continuous monitoring system 
performance report and/or summary report'' shall mean ``Periodic 
report'' for the purposes of this section.
    (iii) When a new operating scenario has been operated since the last 
report, in which case quarterly reports shall be submitted.
    (2) Content of Periodic report. The owner or operator shall include 
the information in paragraphs (g)(2)(i) through (vii) of this section, 
as applicable.
    (i) Each Periodic report must include the information in Sec.  
63.10(e)(3)(vi)(A) through (I) and (K) through (M). For each continuous 
monitoring system, the Periodic report must also include the information 
in Sec.  63.10(e)(3)(vi)(J).
    (ii) If the total duration of excess emissions, parameter 
exceedances, or excursions for the reporting period is 1 percent or 
greater of the total operating time for the reporting period, or the 
total continuous monitoring system downtime for the reporting period is 
5 percent or greater of the total operating time for the reporting 
period, the Periodic report must include the information in paragraphs 
(g)(2)(ii)(A) through (D) of this section.
    (A) Monitoring data, including 15-minute monitoring values as well 
as

[[Page 217]]

daily average values of monitored parameters, for all operating days 
when the average values were outside the ranges established in the 
Notification of Compliance Status report or operating permit.
    (B) Duration of excursions, as defined in Sec.  63.1258(b)(7).
    (C) Operating logs and operating scenarios for all operating 
scenarios for all operating days when the values are outside the levels 
established in the Notification of Compliance Status report or operating 
permit.
    (D) When a continuous monitoring system is used, the information 
required in Sec.  63.10(c)(5) through (13).
    (iii) For each inspection conducted in accordance with Sec.  
63.1258(h)(2) or (3) during which a leak is detected, the records 
specified in Sec.  63.1259(i)(7) must be included in the next Periodic 
report.
    (iv) For each vapor collection system or closed vent system with a 
bypass line subject to Sec.  63.1252(b)(1), records required under Sec.  
63.1259(i)(6)(i) of all periods when the vent stream is diverted from 
the control device through a bypass line. For each vapor collection 
system or closed vent system with a bypass line subject to Sec.  
63.1252(b)(2), records required under Sec.  63.1259(i)(6)(ii) of all 
periods in which the seal mechanism is broken, the bypass valve position 
has changed, or the key to unlock the bypass line valve was checked out.
    (v) The information in paragraphs (g)(2)(v)(A) through (D) of this 
section shall be stated in the Periodic report, when applicable.
    (A) No excess emissions.
    (B) No exceedances of a parameter.
    (C) No excursions.
    (D) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (vi) The information specified in paragraphs (g)(2)(vi)(A) through 
(C) for periods of planned routine maintenance.
    (A) For each storage tank subject to control requirements, periods 
of planned routine maintenance during which the control device does not 
meet the specifications of Sec.  63.1253(b) through (d).
    (B) For a CCCD subject to Sec.  63.1252(h), periods of planned 
routine maintenance during the current reporting period and anticipated 
periods of planned routine maintenance during the next reporting period.
    (C) Rationale for why planned routine maintenance of a CCCD subject 
to Sec.  63.1252(h) must be performed while a process with a vent 
subject to Sec.  63.1254(a)(3) will be operating, if applicable. This 
requirement applies only if the rationale is not in, or differs from 
that in, the Notification of Compliance Status report.
    (vii) Each new operating scenario which has been operated since the 
time period covered by the last Periodic report. For each new operating 
scenario, the owner or operator shall provide verification that the 
operating conditions for any associated control or treatment device have 
not been exceeded, and that any required calculations and engineering 
analyses have been performed. For the initial Periodic report, each 
operating scenario for each process operated since the due date of the 
Notification of Compliance Status Report shall be submitted.
    (viii) If the owner or operator elects to comply with the provisions 
of Sec.  63.1253(b) or (c) by installing a floating roof, the owner or 
operator shall submit the information specified in Sec.  63.122(d) 
through (f) as applicable. References to Sec.  63.152 from Sec.  63.122 
shall not apply for the purposes of this subpart.
    (h) Notification of process change. (1) Except as specified in 
paragraph (h)(2) of this section, whenever a process change is made, or 
a change in any of the information submitted in the Notification of 
Compliance Status Report, the owner or operator shall submit the 
information specified in paragraphs (h)(1)(i) through (iv) of this 
section with the next Periodic report required under paragraph (g) of 
this section.
    (i) A brief description of the process change.
    (ii) A description of any modifications to standard procedures or 
quality assurance procedures.
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status Report under paragraph (f) of this 
section.
    (iv) Information required by the Notification of Compliance Status 
Report under paragraph (f) of this section for

[[Page 218]]

changes involving the addition of processes or equipment.
    (2) An owner or operator must submit a report 60 days before the 
scheduled implementation date of either of the following:
    (i) Any change in the activity covered by the Precompliance report.
    (ii) A change in the status of a control device from small to large.
    (i) The owner or operator shall submit a report of the number, 
duration, and a brief description for each type of malfunction which 
occurred during the reporting period and which caused or may have caused 
any applicable emission limitation to be exceeded. The report must also 
include a description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  63.1250(g)(3), including actions taken to correct a 
malfunction. The report shall be submitted on the same schedule as the 
periodic reports required under paragraph (g) of this section.
    (j) Reports of LDAR programs. The owner or operator of any affected 
source implementing the LDAR program specified in Sec.  63.1255 of this 
subpart shall implement the reporting requirements in Sec.  63.1255 of 
this subpart. Copies of all reports shall be retained as records for a 
period of 5 years, in accordance with the requirements of Sec.  
63.10(b)(1).
    (k) Reports of emissions averaging. The owner or operator of any 
affected source that chooses to comply with the requirements of Sec.  
63.1252(d) shall submit the implementation plan described in Sec.  
63.1259(e) 6 months prior to the compliance date of the standard and the 
following information in the periodic reports:
    (1) The records specified in Sec.  63.1259(e) for each process or 
storage tank included in the emissions average;
    (2) All information as specified in paragraph (g) of this section 
for each process or storage tank included in the emissions average;
    (3) Any changes of the processes or storage tanks included in the 
average.
    (4) The calculation of the overall percent reduction efficiency for 
the reporting period.
    (5) Changes to the Implementation Plan which affect the calculation 
methodology of uncontrolled or controlled emissions or the hazard or 
risk equivalency determination.
    (6) Every second semiannual or fourth quarterly report, as 
appropriate, shall include the results according to Sec.  63.1259(e)(4) 
to demonstrate the emissions averaging provisions of Sec. Sec.  
63.1252(d), 63.1257(g) and (h), 63.1258(f), and 63.1259(f) are 
satisfied.
    (l) Notification of performance test and test plan. The owner or 
operator of an affected source shall notify the Administrator of the 
planned date of a performance test at least 60 days before the test in 
accordance with Sec.  63.7(b). The owner or operator also must submit 
the test plan required by Sec.  63.7(c) and the emission profile 
required by 63.1257(b)(8)(ii) with the notification of the performance 
test.
    (m) Request for extension of compliance. An owner or operator may 
submit to the Administrator a request for an extension of compliance in 
accordance with Sec.  63.1250(f)(4).
    (n)(1) As of January 1, 2012, and within 60 days after the date of 
completing each performance test, as defined in Sec.  63.2 and as 
required in this subpart, you must submit performance test data, except 
opacity data, electronically to EPA's Central Data Exchange by using the 
ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the 
requirements in paragraphs (n)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraph (n)(1) of this section in paper format.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 
66 FR 40135, Aug. 2, 2001; 76 FR 22601, Apr. 21, 2011]

[[Page 219]]



Sec.  63.1261  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1250 and 63.1252 through 63.1256. Where these standards reference 
another subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37356, June 23, 2003]



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

----------------------------------------------------------------------------------------------------------------
                                                                  Applies to subpart
   General provisions reference       Summary of requirements            GGG                    Comments
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................  General applicability of    Yes..................  Additional terms defined
                                     the General Provisions.                            in Sec.   63.1251; when
                                                                                        overlap between subparts
                                                                                        A and GGG of this part,
                                                                                        subpart GGG takes
                                                                                        precedence.
63.1(a)(2-7)......................  ..........................  Yes                    .........................
63.1(a)(8)........................  ..........................  No...................  Discusses state programs.
63.1(a)(9-14).....................  ..........................  Yes                    .........................
63.1(b)(1)........................  Initial applicability       Yes..................  Subpart GGG clarifies the
                                     determination.                                     applicability in Sec.
                                                                                        63.1250.
63.1(b)(2)........................  Title V operating permit--  Yes..................  All major affected
                                     see part 70.                                       sources are required to
                                                                                        obtain a title V permit.
63.1(b)(3)........................  Record of the               Yes..................  All affected sources are
                                     applicability                                      subject to subpart GGG
                                     determination.                                     according to the
                                                                                        applicability definition
                                                                                        of subpart GGG.
63.1(c)(1)........................  Applicability after         Yes..................  Subpart GGG clarifies the
                                     standards are set.                                 applicability of each
                                                                                        paragraph of subpart A
                                                                                        to sources subject to
                                                                                        subpart GGG.
63.1(c)(2)........................  Title V permit requirement  No...................  All major affected
                                                                                        sources are required to
                                                                                        obtain a title V permit.
                                                                                        Area sources are not
                                                                                        subject to subpart GGG.
63.1(c)(3)........................  Reserved                    .....................  .........................
63.1(c)(4)........................  Requirements for existing   Yes                    .........................
                                     source that obtains an
                                     extension of compliance.
Sec.   63.1(c)(5).................  Notification requirements   Yes                    .........................
                                     for an area source that
                                     increases HAP emissions
                                     to major source levels.
63.1(c)(6)........................  Reclassification..........  Yes..................
63.1(d)...........................  [Reserved]................  NA
63.1(e)...........................  Applicability of permit     Yes
                                     program before a relevant
                                     standard has been set.
63.2..............................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.   63.1251; when
                                                                                        overlap between subparts
                                                                                        A and GGG of this part
                                                                                        occurs, subpart GGG
                                                                                        takes precedence.

[[Page 220]]

 
63.3..............................  Units and abbreviations...  Yes..................  Other units used in
                                                                                        subpart GGG are defined
                                                                                        in that subpart.
63.4..............................  Prohibited activities.....  Yes
63.5(a)...........................  Construction and            Yes..................  Except replace the terms
                                     reconstruction--applicabi                          ``source'' and
                                     lity.                                              ``stationary source''
                                                                                        with ``affected
                                                                                        source''.
63.5(b)(1)........................  Upon construction,          Yes
                                     relevant standards for
                                     new sources.
63.5(b)(2)........................  [Reserved]................  NA
63.5(b)(3)........................  New construction/           Yes..................  Except for changes and
                                     reconstruction.                                    additions authorized
                                                                                        under Sec.   52.2454 of
                                                                                        this title. However, the
                                                                                        requirement to submit
                                                                                        the Precompliance report
                                                                                        at least 90 days before
                                                                                        the compliance date
                                                                                        still applies.
63.5(b)(4)........................  Construction/               Yes
                                     reconstruction
                                     notification.
63.5(b)(5)........................  Construction/               Yes
                                     reconstruction compliance.
63.5(b)(6)........................  Equipment addition or       Yes
                                     process change.
63.5(c)...........................  [Reserved]................  NA
63.5(d)...........................  Application for approval    Yes..................  Except for certain
                                     of construction/                                   provisions identified in
                                     reconstruction.                                    63.1259(a)(5)
Sec.   63.5(e)....................  Construction/               Yes                    .........................
                                     reconstruction approval.
63.5(f)...........................  Construction/               Yes..................  Except replace ``source''
                                     reconstruction approval                            with ``affected
                                     based on prior State                               source''.
                                     review..
63.6(a)(1)........................  Compliance with standards   Yes
                                     and maintenance
                                     requirements.
63.6(a)(2)........................  Requirements for area       Yes
                                     source that increases
                                     emissions to become major.
63.6(b)(1-2)......................  Compliance dates for new    No...................  Subpart GGG specifies
                                     and reconstructed sources.                         compliance dates.
63.6(b)(3-6)......................  Compliance dates for area   Yes
                                     sources that become major
                                     sources.
63.6 (b)(7).......................  Compliance dates for new    No...................  Subpart GGG specifies NS
                                     sources resulting from                             applicability and
                                     new unaffected area                                compliance dates
                                     sources becoming subject
                                     to standards.
63.6(c)...........................  Compliance dates for        Yes..................  Except replace ``source''
                                     existing sources.                                  with ``affected
                                                                                        source''. Subpart GGG
                                                                                        specifies compliance
                                                                                        dates.
Sec.   63.6(e)(1)(i)..............  Requirements during         No...................  See 63.1250(g)(3) for
                                     periods of startup,                                general duty
                                     shutdown, and malfunction.                         requirement. Any cross-
                                                                                        reference to
                                                                                        63.6(e)(1)(i) in any
                                                                                        other general provision
                                                                                        incorporated by
                                                                                        reference shall be
                                                                                        treated as a cross-
                                                                                        reference to
                                                                                        63.1250(g)(3).
Sec.   63.6(e)(1)(ii).............  Malfunction correction      No.
                                     requirements.
Sec.   63.6(e)(1)(iii)............  Enforceability of           Yes.
                                     operation and maintenance
                                     requirements.
Sec.   63.6(e)(2).................  Reserved..................  No...................  Section reserved.
Sec.   63.6(e)(3).................  Startup, shutdown, and      No.
                                     malfunction plan
                                     requirements.
63.6(f)(1)........................  Applicability of            No.
                                     nonopacity emission
                                     standards.
63.6(f)(2)-(3)....................  Methods of determining      Yes.
                                     compliance and findings
                                     compliance.
63.6(g)...........................  Use of an alternative       Yes.
                                     nonopacity emission
                                     standard.
63.6(h)...........................  Opacity and visible         No...................  Subpart GGG does not
                                     emission standards.                                contain any opacity or
                                                                                        visible emission
                                                                                        standards.
Sec.   63.6(i)(1) through (7).....  Requests for compliance     No...................  Sec.   63.1250(f)(6)
                                     extensions.                                        specifies provisions for
                                                                                        compliance extensions.
Sec.   63.6(i)(8) through (14)....  Approval of compliance      Yes..................  Except references to Sec.
                                     extensions.                                          63.6(i)(4) through (6)
                                                                                        mean Sec.
                                                                                        63.1250(f)(6).
63.6(j)...........................  Exemption from compliance   Yes
                                     with emission standards.
63.7(a)(1)........................  Performance testing         Yes..................  Subpart GGG also
                                     requirements.                                      specifies required
                                                                                        testing and compliance
                                                                                        procedures.
63.7(a)(2)(i)-(ix)................  ..........................  Yes..................  Except substitute ``150
                                                                                        days'' instead of ``180
                                                                                        days.''
63.7(a)(3)........................  ..........................  Yes
63.7(b)(1)........................  Notification of             Yes
                                     performance test.
63.7(b)(2)........................  Notification of delay in    Yes
                                     conducting a scheduled
                                     performance test.

[[Page 221]]

 
63.7(c)...........................  Quality assurance program.  Yes..................  Except that the test plan
                                                                                        must be submitted with
                                                                                        the notification of the
                                                                                        performance test.
63.7(d)...........................  Performance testing         Yes..................  Except replace ``source''
                                     facilities..                                       with ``affected
                                                                                        source''.
63.7(e)(1)........................  Conduct of performance      No...................  See 63.1257(a) text. Any
                                     tests.                                             cross-reference to
                                                                                        63.7(e)(1) in any other
                                                                                        general provision
                                                                                        incorporated by
                                                                                        reference shall be
                                                                                        treated as a cross-
                                                                                        reference to 63.1257(a).
63.7(e)(2)-(4)....................  Performance tests           Yes.
                                     requirements.
63.7(f)...........................  Use of alternative test     Yes
                                     method.
63.7(g)...........................  Data analysis,              Yes
                                     recordkeeping, and
                                     reporting.
63.7(h)...........................  Waiver of performance       Yes
                                     tests.
63.8(a)...........................  Monitoring requirements...  Yes..................  See Sec.   63.1258.
63.8(b)(1)........................  Conduct of monitoring.....  Yes
63.8(b)(2)........................  CMS and combined effluents  No...................  Sec.   63.1258 of subpart
                                                                                        GGG provides specific
                                                                                        CMS requirements.
63.8(b)(3)-(c)(4).................  CMS requirements..........  Yes..................  Sec.   63.1259 also
                                                                                        specifies recordkeeping
                                                                                        for CMS.
63.8(c)(5)........................  COMS operation              No...................
                                     requirements.
63.8(c)(6)-(8)....................  CMS calibration and         No...................  Calibration procedures
                                     malfunction provisions.                            are provided in Sec.
                                                                                        63.1258.
63.8(d)(1)-(2)....................  CMS quality control         Yes.
                                     program requirements.
63.8(d)(3)........................  CMS quality control         Yes, except for last
                                     program recordkeeping       sentence.
                                     requirements.
63.8(e)(1)........................  Performance evaluations of  Yes
                                     CMS.
63.8(e)(2)........................  Notification of             Yes                    .........................
                                     performance evaluation.
63.8(e)(3-4)......................  CMS requirements/           Yes                    .........................
                                     alternatives.
Sec.   63.8(e)(5)(i)..............  Reporting performance       Yes..................  See Sec.   63.1260(a).
                                     evaluation results.
63.1260 (a).......................
63.8(e)(5)(ii)....................  Results of COMS             No...................  Subpart GGG does not
                                     performance evaluation.                            contain any opacity or
                                                                                        visible emission
                                                                                        standards.
63.8(f)-(g).......................  Alternative monitoring      Yes                    .........................
                                     method/reduction of
                                     monitoring data.
63.9(a)-(d).......................  Notification requirements-- Yes..................  Sec.   63.1260 (b) also
                                     Applicability and general                          specifies initial
                                     information.                                       notification
                                                                                        requirement.
63.9(e)...........................  Notification of             Yes..................  Sec.   63.1260 (l) also
                                     performance test.                                  specifies notification
                                                                                        requirement for
                                                                                        performance test.
63.9(f)...........................  Notification of opacity     No...................  Subpart GGG does not
                                     and visible emissions                              contain any opacity or
                                     observations.                                      visible emission
                                                                                        standards.
63.9(g)(1)........................  Additional notification     Yes..................  Sec.   63.1260 (d) also
                                     requirements for sources                           specifies notification
                                     with CMS.                                          requirement for
                                                                                        performance evaluation.
63.9(g)(2)........................  Notification of compliance  No...................  Subpart GGG does not
                                     with opacity emission                              contain any opacity or
                                     standard.                                          visible emission
                                                                                        standards.
63.9(g)(3)........................  Notification that           Yes..................  Sec.   63.1260 (d) also
                                     criterion to continue use                          specifies notification
                                     of alternative to                                  requirement for
                                     relative accuracy testing                          performance evaluation.
                                     has been exceeded.
63.9(h)...........................  Notification of compliance  Yes..................  Specified in Sec.
                                     status.                                            63.1260(f). Due 150 days
                                                                                        after compliance date.
63.9(i)...........................  Adjustment to time periods  Yes                    .........................
                                     or postmark deadlines for
                                     submittal and review of
                                     required communications.
63.9(j)...........................  Change in information       Yes..................  For change in major
                                     provided.                                          source status only.
63.9(k)...........................  Electronic reporting        Yes..................  Only as specified in Sec.
                                     procedures.                                          63.9(j).
63.10(a)..........................  Recordkeeping requirements  Yes..................
63.1259...........................
63.10(b)(1).......................  Records retention.........  Yes..................  Also stated in Sec.
                                                                                        63.1259.
63.10(b)(2).......................  Information and             No...................  Subpart GGG specifies
                                     documentation to support                           recordkeeping
                                     notifications.                                     requirements.
63.10(b)(3).......................  Records retention for       Yes..................  Also stated in Sec.
                                     sources not subject to                             63.1259 (a)(2).
                                     relevant standard.
63.10(c)(1)-(9)...................  Additional recordkeeping    Yes.
                                     requirements for sources
                                     with continuous
                                     monitoring systems.
63.10(c)(10)......................  Malfunction recordkeeping   No...................  Subpart GGG specifies
                                     requirement.                                       recordkeeping
                                                                                        requirements.
63.10(c)(11)......................  Malfunction corrective      No...................  Subpart GGG specifies
                                     action recordkeeping                               recordkeeping
                                     requirement.                                       requirements.

[[Page 222]]

 
63.10(c)(12)-(14).................  Additional recordkeeping    Yes.
                                     requirements for sources
                                     with continuous
                                     monitoring systems.
63.10(c)(15)......................  Additional SSM              No.
                                     recordkeeping
                                     requirements.
63.10(d)(1)-(2)...................  General reporting           Yes.
                                     requirements.
63.10(d)(3).......................  Reporting results of        No...................  Subpart GGG does not
                                     opacity or visible                                 include any opacity or
                                     emissions observations.                            visible emission
                                                                                        standards.
63.10(d)(4).......................  Progress report             Yes.
                                     requirements.
63.10(d)(5).......................  Startup, shutdown, and      No...................  Subpart GGG specifies
                                     malfunction report                                 reporting requirements.
                                     requirements.
63.10(e)..........................  Additional CMS reporting    Yes..................
                                     requirements.
63.10(f)..........................  Waiver of recordkeeping or  Yes..................
                                     reporting requirements..
63.11.............................  Control device and          Yes..................
                                     equipment leak work
                                     practice requirements.
63.13.............................  Addresses of State air      Yes..................
                                     pollution control
                                     agencies.
63.14.............................  Incorporations by           Yes..................
                                     reference.
63.15.............................  Availability of             Yes..................
                                     information and
                                     confidentiality.
----------------------------------------------------------------------------------------------------------------


[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 
66 FR 40136, Aug. 2, 2001; 73 FR 78213, Dec. 22, 2008; 76 FR 22601, Apr. 
21, 2011; 85 FR 73897, Nov. 19, 2020]



      Sec. Table 2 to Subpart GGG of Part 63--Partially Soluble HAP

------------------------------------------------------------------------
 
------------------------------------------------------------------------
1,1,1-Trichloroethane (methyl            Chloroform
 chloroform).
1,1,2,2-Tetrachloroethane..............  Chloromethane
1,1,2-Trichloroethane..................  Chloroprene
1,1-Dichloroethylene (vinylidene         Cumene
 chloride).
1,2-Dibromoethane......................  Dichloroethyl ether
1,2-Dichloroethane (ethylene             Dinitrophenol
 dichloride).
1,2-Dichloropropane....................  Epichlorohydrin
1,3-Dichloropropene....................  Ethyl acrylate
2,4,5-Trichlorophenol..................  Ethylbenzene
2-Butanone (mek).......................  Ethylene oxide
1,4-Dichlorobenzene....................  Hexachlorobenzene
2-Nitropropane.........................  Hexachlorobutadiene
4-Methyl-2-pentanone (MIBK)............  Hexachloroethane
Acetaldehyde...........................  Methyl methacrylate
Acrolein...............................  Methyl-t-butyl ether
Acrylonitrile..........................  Methylene chloride
Allyl chloride.........................  N,N-dimethylaniline
Benzene................................  Propionaldehyde
Benzyl chloride........................  Propylene oxide
Biphenyl...............................  Styrene
Bromoform (tribromomethane)............  Tetrachloroethene
                                          (perchloroethylene)
Bromomethane...........................  Tetrachloromethane (carbon
                                          tetrachloride
Butadiene..............................  Toluene
Carbon disulfide.......................  Trichlorobenzene (1,2,4-)
Chlorobenzene..........................  Trichloroethylene
Chloroethane (ethyl chloride)..........  Trimethylpentane
Vinyl acetate..........................  Xylene (p)
Vinyl chloride.........................  N-hexane
Xylene (m).............................
Xylene (o).............................
------------------------------------------------------------------------


[66 FR 40136, Aug. 2, 2001]



           Sec. Table 3 to Subpart GGG of Part 63--Soluble HAP

------------------------------------------------------------------------
                                Compound
-------------------------------------------------------------------------
1,1-Dimethylhydrazine.
1,4-Dioxane.
Acetonitrile.
Acetophenone.
Diethyl sulfate.
Dimethyl sulfate.
Dinitrotoluene.
Ethylene glycol dimethyl ether.
Ethylene glycol monobutyl ether acetate.

[[Page 223]]

 
Ethylene glycol monomethyl ether acetate.
Isophorone.
Methanol (methyl alcohol).
Nitrobenzene.
Toluidene.
Triethylamine.
------------------------------------------------------------------------


[66 FR 40137, Aug. 2, 2001]



  Sec. Table 4 to Subpart GGG of Part 63--Monitoring Requirements for 
                           Control Devices \a\

----------------------------------------------------------------------------------------------------------------
                                         Monitoring equipment       Parameters to be
            Control device                     required                monitored                Frequency
----------------------------------------------------------------------------------------------------------------
All control devices..................  1. Flow indicator        1. Presence of flow      Hourly records of
                                        installed at all         diverted from the        whether the flow
                                        bypass lines to the      control device to the    indicator was
                                        atmosphere and           atmosphere or.           operating and whether
                                        equipped with                                     a diversion was
                                        continuous recorder or.                           detected at any time
                                                                                          during each hour.
                                       2. Valves sealed closed  2. Monthly inspections   Monthly.
                                        with car-seal or lock-   of sealed valves.
                                        and-key configuration.
Scrubber.............................  Liquid flow rate or      1. Liquid flow rate      1. Every 15 minutes.
                                        pressure drop mounting   into or out of the
                                        device. Also a pH        scrubber or the
                                        monitor if the           pressure drop across
                                        scrubber is used to      the scrubber.
                                        control acid emissions.
                                                                2. pH of effluent        2. Once a day.
                                                                 scrubber liquid.
Thermal incinerator..................  Temperature monitoring   Firebox temperature....  Every 15 minutes.
                                        device installed in
                                        firebox or in ductwork
                                        immediately downstream
                                        of firebox \b\.
Catalytic incinerator................  Temperature monitoring   Temperature difference   Every 15 minutes.
                                        device installed in      across catalyst bed.
                                        gas stream immediately
                                        before and after
                                        catalyst bed.
Flare................................  Heat sensing device      Presence of a flame at   Every 15 minutes.
                                        installed at the pilot   the pilot light.
                                        light.
Boiler or process heater <44 mega      Temperature monitoring   Combustion temperature.  Every 15 minutes.
 watts and vent stream is not mixed     device installed in
 with the primary fuel.                 firebox \b\.
Condenser............................  Temperature monitoring   Condenser exit (product  Every 15 minutes.
                                        device installed at      side) temperature.
                                        condenser exit.
Carbon adsorber (nonregenerative)....  None...................  Operating time since     N/A.
                                                                 last replacement.
Carbon adsorber (regenerative).......  Stream flow monitoring   1. Total regeneration    1. For each
                                        device, and.             stream mass or           regeneration cycle,
                                                                 volumetric flow during   record the total
                                                                 carbon bed               regeneration stream
                                                                 regeneration cycle(s).   mass or volumetric
                                                                                          flow.
                                       Carbon bed temperature   2. Temperature of        2. For each
                                        monitoring device.       carbon bed after         regeneration cycle,
                                                                 regeneration.            record the maximum
                                                                                          carbon bed-
                                                                                          temperature.
                                                                3. Temperature of        3. Within 15 minutes of
                                                                 carbon bed within 15     completing any cooling
                                                                 minutes of completing    cycle, record the
                                                                 any cooling cycle(s).    carbon bed
                                                                                          temperature.
                                                                4. Operating time since  4. Operating time to be
                                                                 end of last              based on worst-case
                                                                 regeneration.            conditions.
                                                                5. Check for bed         5. Yearly.
                                                                 poisoning.
----------------------------------------------------------------------------------------------------------------
\a\ As an alternative to the monitoring requirements specified in this table, the owner or operator may use a
  CEM meeting the requirements of Performance Specifications 8 or 9 of appendix B of part 60 to monitor TOC
  every 15 minutes.
\b\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.



 Sec. Table 5 to Subpart GGG of Part 63--Control Requirements for Items 
         of Equipment That Meet the Criteria of Sec.  63.1252(f)

------------------------------------------------------------------------
      Item of equipment                 Control requirement \a\
------------------------------------------------------------------------
Drain or drain hub...........  (a) Tightly fitting solid cover (TFSC);
                                or

[[Page 224]]

 
                               (b) TFSC with a vent to either a process
                                or to a control device meeting the
                                requirements of Sec.   63.1256(h)(2); or
                               (c) Water seal with submerged discharge
                                or barrier to protect discharge from
                                wind.
Manhole \b\..................  (a) TFSC; or
                               (b) TSFC with a vent to either a process
                                or to a control device meeting the
                                requirements of Sec.   63.1256(h)(2); or
                               (c) If the item is vented to the
                                atmosphere, use a TFSC with a properly
                                operating water seal at the entrance or
                                exit to the item to restrict ventilation
                                in the collection system. The vent pipe
                                shall be at least 90 cm in length and
                                not exceeding 10.2 cm in nominal inside
                                diameter.
Lift station.................  (a) TFSC; or
                               (b) TFSC with a vent to either a process
                                or to a control device meeting the
                                requirements of Sec.   63.1256(h)(2); or
                               (c) If the lift station is vented to the
                                atmosphere, use a TFSC with a properly
                                operating water seal at the entrance or
                                exit to the item to restrict ventilation
                                in the collection system. The vent pipe
                                shall be at least 90 cm in length and
                                not exceeding 10.2 cm in nominal inside
                                diameter. The lift station shall be
                                level controlled to minimize changes in
                                the liquid level.
Trench.......................  (a) TFSC; or
                               (b) TFSC with a vent to either a process
                                or to a control device meeting the
                                requirements of Sec.   63.1256(h)(2); or
                               (c) If the item is vented to the
                                atmosphere, use a TFSC with a properly
                                operating water seal at the entrance or
                                exit to the item to restrict ventilation
                                in the collection system. The vent pipe
                                shall be at least 90 cm in length and
                                not exceeding 10.2 cm in nominal inside
                                diameter.
Pipe.........................  Each pipe shall have no visible gaps in
                                joints, seals, or other emission
                                interfaces.
Oil/Water separator..........  (a) Equip with a fixed roof and route
                                vapors to a process or equip with a
                                closed-vent system that routes vapors to
                                a control device meeting the
                                requirements of Sec.   63.1256(h)(2); or
                               (b) Equip with a floating roof that meets
                                the equipment specifications of Sec.
                                60.693(a)(1)(i), (a)(1)(ii), (a)(2),
                                (a)(3), and (a)(4).
Tank.........................  Maintain a fixed roof and consider vents
                                as process vents. \c\
------------------------------------------------------------------------
\a\ Where a tightly fitting solid cover is required, it shall be
  maintained with no visible gaps or openings, except during periods of
  sampling, inspection, or maintenance.
\b\ Manhole includes sumps and other points of access to a conveyance
  system.
\c\ A fixed roof may have openings necessary for proper venting of the
  tank, such as pressure/vacuum vent, j-pipe vent.


[65 FR 52616, Aug. 29, 2000]



 Sec. Table 6 to Subpart GGG of Part 63--Wastewater--Compliance Options 
                          for Wastewater Tanks

------------------------------------------------------------------------
                               Maximum true
       Capacity, m\3\              vapor         Control requirements
                               pressure, kPa
------------------------------------------------------------------------
<75.........................  ..............  Sec.   63.1256(b)(1).
75 and <151......           <13.1  Sec.   63.1256(b)(1).
                              13.  Sec.   63.1256(b)(2).
                                           1
151..............            <5.2  Sec.   63.1256(b)(1).
                              5.2  Sec.   63.1256(b)(2).
------------------------------------------------------------------------



   Sec. Table 7 to Subpart GGG of Part 63--Wastewater--Inspection and 
           Monitoring Requirements for Waste Management Units

----------------------------------------------------------------------------------------------------------------
                                            Inspection or       Frequency of inspection
            To comply with              monitoring requirement       or monitoring                Method
----------------------------------------------------------------------------------------------------------------
TANKS:
    63.1256(b)(3)(i).................  Inspect fixed roof and   Initially Semiannually.  Visual.
                                        all openings for leaks.
    63.1256(b)(4)....................  Inspect floating roof    See Sec.  Sec.           Visual.
                                        in accordance with       63.120(a)(2) and
                                        Sec.  Sec.               (a)(3).
                                        63.120(a)(2) and
                                        (a)(3).
    63.1256(b)(5)....................  Measure floating roof    .......................  See Sec.
                                        seal gaps in                                      63.120(b)(2)(i)
                                        accordance with Sec.                              through (b)(4).
                                        Sec.   63.120(b)(2)(i)
                                        through (b)(4).
                                       --Primary seal gaps....  Initially Once every 5   .......................
                                                                 years (annually if no
                                                                 secondary seal).
                                       --Secondary seal gaps..  Initially Semiannually.  .......................
63.1256(b)(7)........................  Inspect wastewater tank  Initially Semiannually.  Visual.
63.1256(b)(8)........................   for control equipment
                                        failures and improper
                                        work practices.

[[Page 225]]

 
SURFACE IMPOUNDMENTS:
    63.1256(c)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
                                        openings for leaks.
    63.1256(c)(2)....................  Inspect surface          Initially Semiannually.  Visual.
                                        impoundment for
                                        control equipment
                                        failures and improper
                                        work practices.
CONTAINERS:
    63.1256(d)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
    63.1256(d)(1)(ii)................   openings for leaks.
    63.1256(d)(3)(i).................  Inspect enclosure and    Initially Semiannually.  Visual.
                                        all openings for leaks.
    63.1256(d)(4)....................  Inspect container for    Initially Semiannually.  Visual.
                                        control equipment
                                        failures and improper
                                        work practices.
INDIVIDUAL DRAIN SYSTEMS \a\:
    63.1256(e)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
                                        openings to ensure
                                        there are no gaps,
                                        cracks, or holes.
    63.1256(e)(2)....................  Inspect individual       Initially Semiannually.  Visual.
                                        drain system for
                                        control equipment
                                        failures and improper
                                        work practices.
    63.1256(e)(4)(i).................  Verify that sufficient   Initially Semiannually.  Visual.
                                        water is present to
                                        properly maintain
                                        integrity of water
                                        seals.
    63.1256(e)(4)(ii)................  Inspect all drains       Initially Semiannually.  Visual.
    63.1256(e)(5)(i).................   using tightly-fitted
                                        caps or plugs to
                                        ensure caps and plugs
                                        are in place and
                                        properly installed.
    63.1256(e)(5)(ii)................  Inspect all junction     Initially Semiannually.  Visual or smoke test or
                                        boxes to ensure covers                            other means as
                                        are in place and have                             specified.
                                        no visible gaps,
                                        cracks, or holes.
    63.1256(e)(5)(iii)...............  Inspect unburied         Initially Semiannually.  Visual.
                                        portion of all sewer
                                        lines for cracks and
                                        gaps.
OIL-WATER SEPARATORS:
    63.1256(f)(2)(i).................  Inspect fixed roof and   Initially Semiannually.  Visual.
                                        all openings for leaks.
    63.1256(f)(3)....................  Measure floating roof    Initially \b\..........  See 40 CFR
                                        seal gaps in                                      60.696(d)(1).
                                        accordance with 40 CFR
                                        60.696(d)(1).
                                       --Primary seal gaps....  Once every 5 years.....  .......................
    63.1256(f)(3)....................  --Secondary seal gaps..  Initially \b\ Annually.
    63.1256(f)(4)....................  Inspect oil-water        Initially Semiannually.  Visual.
                                        separator for control
                                        equipment failures and
                                        improper work
                                        practices.
----------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec.   63.1256(e), the owner or operator shall comply with either the requirements of Sec.
  63.1256(e)(1) and (2) or Sec.   63.1256(e)(4) and (5).
\b\ Within 60 days of installation as specified in Sec.   63.1256(f)(3).



       Sec. Table 8 to Subpart GGG of Part 63--Fraction Measured 
         (Fm) for HAP Compounds in Wastewater Streams

------------------------------------------------------------------------
              Chemical name                 CAS No. \a\         Fm
------------------------------------------------------------------------
Acetaldehyde............................           75070         1.00
Acetonitrile............................           75058         0.99
Acetophenone............................           98862         0.31
Acrolein................................          107028         1.00
Acrylonitrile...........................          107131         1.00
Allyl chloride..........................          107051         1.00
Benzene.................................           71432         1.00
Benzyl chloride.........................          100447         1.00
Biphenyl................................           92524         0.86
Bromoform...............................           75252         1.00
Butadiene (1,3-)........................          106990         1.00
Carbon disulfide........................           75150         1.00
Carbon tetrachloride....................           56235         1.00

[[Page 226]]

 
Chlorobenzene...........................          108907         0.96
Chloroform..............................           67663         1.00
Chloroprene (2-Chloro-1,3-butadiene)....          126998         1.00
Cumene..................................           98828         1.00
Dichlorobenzene (p-1,4-)................          106467         1.00
Dichloroethane (1,2-) (Ethylene                   107062         1.00
 dichloride)............................
Dichloroethylether (Bis(2-Chloroethyl             111444         0.76
 ether))................................
Dichloropropene (1,3-)..................          542756         1.00
Diethyl sulfate.........................           64675         0.0025
Dimethyl sulfate........................           77781         0.086
Dimethylaniline (N,N-)..................          121697         0.00080
Dimethylhydrazine (1,1-)................           57147         0.38
Dinitrophenol (2,4-)....................           51285         0.0077
Dinitrotoluene (2,4-)...................          121142         0.085
Dioxane (1,4-) (1,4-Diethyleneoxide)....          123911         0.87
Epichlorohydrin(1-Chloro-2,3-                     106898         0.94
 epoxypropane)..........................
Ethyl acrylate..........................          140885         1.00
Ethylbenzene............................          100414         1.00
Ethyl chloride (Chloroethane)...........           75003         1.00
Ethylene dibromide (Dibromomethane).....          106934         1.00
Ethylene glycol dimethyl ether..........          110714         0.86
Ethylene glycol monobutyl ether acetate.          112072         0.043
Ethylene glycol monomethyl ether acetate          110496         0.093
Ethylene oxide..........................           75218         1.00
Ethylidene dichloride (1,1-                        75343         1.00
 Dichloroethane)........................
Hexachlorobenzene.......................          118741         0.97
Hexachlorobutadiene.....................           87683         0.88
Hexachloroethane........................           67721         0.50
Hexane..................................          110543         1.00
Isophorone..............................           78591         0.47
Methanol................................           67561         0.85
Methyl bromide (Bromomethane)...........           74839         1.00
Methyl chloride (Chloromethane).........           74873         1.00
Methyl ethyl ketone (2-Butanone)........           78933         0.99
Methyl isobutyl ketone (Hexone).........          108101         0.98
Methyl methacrylate.....................           80626         1.00
Methyl tert-butyl ether.................         1634044         1.00
Methylene chloride (Dichloromethane)....           75092         1.00
Naphthalene.............................           91203         0.99
Nitrobenzene............................           98953         0.39
Nitropropane (2-).......................           79469         0.99
Phosgene................................           75445         1.00
Propionaldehyde.........................          123386         1.00
Propylene dichloride (1,2-                         78875         1.00
 Dichloropropane).......................
Propylene oxide.........................           75569         1.00
Styrene.................................          100425         1.00
Tetrachloroethane (1,1,2,2-)............           79345         1.00
Tetrachloroethylene (Perchloroethylene).          127184         1.00
Toluene.................................          108883         1.00
Toluidine (o-)..........................           95534         0.15
Trichlorobenzene (1,2,4-)...............          120821         1.00
Trichloroethane (1,1,1-) (Methyl                   71556         1.00
 chloroform)............................
Trichloroethane (1,1,2-) (Vinyl                    79005         0.98
 Trichloride)...........................
Trichloroethylene.......................           79016         1.00
Trichlorophenol (2,4,5-)................           95954         1.00
Triethylamine...........................          121448         1.00
Trimethylpentane (2,2,4-)...............          540841         1.00
Vinyl acetate...........................          108054         1.00
Vinyl chloride (Chloroethylene).........           75014         1.00
Vinylidene chloride (1,1-                          75354         1.00
 Dichloroethylene)......................
Xylene (m-).............................          108383         1.00
Xylene (o-).............................           95476         1.00
Xylene (p-).............................          106423         1.00
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.



Sec. Table 9 to Subpart GGG of Part 63--Default Biorates for Soluble HAP

------------------------------------------------------------------------
                                                         Biorate (K1), L/
                     Compound name                          g MLVSS-hr
------------------------------------------------------------------------
Acetonitrile...........................................            0.100
Acetophenone...........................................            0.538
Diethyl sulfate........................................            0.105

[[Page 227]]

 
Dimethyl hydrazine(1,1)................................            0.227
Dimethyl sulfate.......................................            0.178
Dinitrotoluene(2,4)....................................            0.784
Dioxane(1,4)...........................................            0.393
Ethylene glycol dimethyl ether.........................            0.364
Ethylene glycol monobutyl ether acetate................            0.496
Ethylene glycol monomethyl ether acetate...............            0.159
Isophorone.............................................            0.598
Methanol...............................................              \a\
Nitrobenzene...........................................            2.300
Toluidine (-0).........................................            0.859
Triethylamine..........................................           1.064
------------------------------------------------------------------------
\a\ For direct dischargers, the default biorate for methanol is 3.5 L/g
  MLVSS-hr; for indirect dischargers, the default biorate for methanol
  is 0.2 L/g MLVSS-hr.


[66 FR 40137, Aug. 2, 2001]



  Subpart HHH_National Emission Standards for Hazardous Air Pollutants 
          From Natural Gas Transmission and Storage Facilities

    Source: 64 FR 32648, June 17, 1999, unless otherwise noted.



Sec.  63.1270  Applicability and designation of affected source.

    (a) This subpart applies to owners and operators of natural gas 
transmission and storage facilities that transport or store natural gas 
prior to entering the pipeline to a local distribution company or to a 
final end user (if there is no local distribution company), and that are 
major sources of hazardous air pollutants (HAP) emissions as defined in 
Sec.  63.1271. Emissions for major source determination purposes can be 
estimated using the maximum natural gas throughput calculated in either 
paragraph (a)(1) or (2) of this section and paragraphs (a)(3) and (4) of 
this section. As an alternative to calculating the maximum natural gas 
throughput, the owner or operator of a new or existing source may use 
the facility design maximum natural gas throughput to estimate the 
maximum potential emissions. Other means to determine the facility's 
major source status are allowed, provided the information is documented 
and recorded to the Administrator's satisfaction in accordance with 
Sec.  63.10(b)(3). A compressor station that transports natural gas 
prior to the point of custody transfer or to a natural gas processing 
plant (if present) is not considered a part of the natural gas 
transmission and storage source category. A facility that is determined 
to be an area source, but subsequently increases its emissions or its 
potential to emit above the major source levels (without obtaining and 
complying with other limitations that keep its potential to emit HAP 
below major source levels), and becomes a major source, must comply with 
all applicable provisions of this subpart starting on the applicable 
compliance date specified in paragraph (d) of this section. Nothing in 
this paragraph is intended to preclude a source from limiting its 
potential to emit through other appropriate mechanisms that may be 
available through the permitting authority.
    (1) Facilities that store natural gas or facilities that transport 
and store natural gas shall calculate maximum annual facility natural 
gas throughput using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN01.026

Where:

Throughput = Maximum annual facilitywide natural gas throughput in cubic 
          meters per year.
IR max = Maximum facility injection rate in cubic meters per 
          hour.
WR max = Maximum facility withdrawal rate in cubic meters per 
          hour.
8,760 = Maximum hours of operation per year.

    (i)-(iii) [Reserved]

[[Page 228]]

    (2) Facilities that only transport natural gas shall calculate the 
maximum natural gas throughput as the highest annual natural gas 
throughput over the 5 years prior to June 17, 1999, multiplied by a 
factor of 1.2.
    (3) The owner or operator shall maintain records of the annual 
facility natural gas throughput each year and upon request, submit such 
records to the Administrator. If the facility annual natural gas 
throughput increases above the maximum natural gas throughput calculated 
in paragraph (a)(1) or (a)(2) of this section, the maximum natural gas 
throughput must be recalculated using the higher throughput multiplied 
by a factor of 1.2.
    (4) The owner or operator shall determine the maximum values for 
other parameters used to calculate potential emissions as the maximum 
over the same period for which maximum throughput is determined as 
specified in paragraph (a)(1) or (a)(2) of this section. These 
parameters shall be based on an annual average or the highest single 
measured value. For estimating maximum potential emissions from glycol 
dehydration units, the glycol circulation rate used in the calculation 
shall be the unit's maximum rate under its physical and operational 
design consistent with the definition of potential to emit in Sec.  
63.2.
    (b) The affected source is each new and existing glycol dehydration 
unit specified in paragraphs (b)(1) through (3) of this section.
    (1) Each large glycol dehydration unit;
    (2) Each small glycol dehydration unit for which construction 
commenced on or before August 23, 2011, is an existing small glycol 
dehydration unit.
    (3) Each small glycol dehydration unit for which construction 
commenced after August 23, 2011, is a new small glycol dehydration unit.
    (c) The owner or operator of a facility that does not contain an 
affected source, as specified in paragraph (b) of this section, is not 
subject to the requirements of this subpart.
    (d) The owner or operator of each affected source shall achieve 
compliance with the provisions of this subpart by the following dates:
    (1) Except as specified in paragraphs (d)(3) through (4) of this 
section, the owner or operator of an affected source, the construction 
or reconstruction of which commenced before February 6, 1998, shall 
achieve compliance with this provisions of the subpart no later than 
June 17, 2002 except as provided for in Sec.  63.6(i). The owner or 
operator of an area source, the construction or reconstruction of which 
commenced before February 6, 1998, that increases its emissions of (or 
its potential to emit) HAP such that the source becomes a major source 
that is subject to this subpart shall comply with this subpart 3 years 
after becoming a major source.
    (2) Except as specified in paragraphs (d)(3) through (4) of this 
section, the owner or operator of an affected source, the construction 
or reconstruction of which commences on or after February 6, 1998, shall 
achieve compliance with the provisions of this subpart immediately upon 
initial startup or June 17, 1999, whichever date is later. Area sources, 
the construction or reconstruction of which commences on or after 
February 6, 1998, that become major sources shall comply with the 
provisions of this standard immediately upon becoming a major source.
    (3) Each affected small glycol dehydration unit, as defined in Sec.  
63.1271, located at a major source, that commenced construction before 
August 23, 2011, must achieve compliance no later than October 15, 2015, 
except as provided in Sec.  63.6(i).
    (4) Each affected small glycol dehydration unit, as defined in Sec.  
63.1271, located at a major source, that commenced construction on or 
after August 23, 2011, must achieve compliance immediately upon initial 
startup or October 15, 2012, whichever is later.
    (e) An owner or operator of an affected source that is a major 
source or is located at a major source and is subject to the provisions 
of this subpart is also subject to 40 CFR part 70 or part 71 permitting 
requirements.
    (f) Exemptions. A facility with a facilitywide actual annual average 
natural gas throughput less than 28.3 thousand standard cubic meters per 
day, where glycol dehydration units are the

[[Page 229]]

only HAP emission source, is not subject to the requirements of this 
subpart. Records shall be maintained as required in Sec.  63.10(b)(3).

[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001; 
66 FR 49300, Sept. 27, 2001; 67 FR 8204, Feb. 22, 2002; 77 FR 49584, 
Aug. 16, 2012; 85 FR 73898, Nov. 19, 2020]



Sec.  63.1271  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Clean Air Act, subpart A of this part (General Provisions), and 
in this section. If the same term is defined in subpart A and in this 
section, it shall have the meaning given in this section for purposes of 
this subpart.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering and exporting thermal 
energy in the form of steam or hot water. Boiler also means any 
industrial furnace as defined in 40 CFR 260.10.
    BTEX means benzene, toluene, ethyl benzene, and xylene.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and if necessary, flow 
inducing devices that transport gas or vapor from an emission point to 
one or more control devices. If gas or vapor from regulated equipment is 
routed to a process (e.g., to a fuel gas system), the conveyance system 
shall not be considered a closed-vent system and is not subject to 
closed-vent system standards.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic HAP emissions.
    Compressor station means any permanent combination of compressors 
that move natural gas at increased pressure from fields, in transmission 
pipelines, or into storage.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every hour or records 
hourly or more frequent block average values.
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon absorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of an enclosed combustion device), 
returned back to the process, or sold, then the recovery system used, 
including piping, connections, and flow inducing devices, is not 
considered to be a control device or a closed-vent system.
    Custody transfer means the transfer of natural gas after processing 
and/or treatment in the production operations to pipelines or any other 
forms of transportation.
    Facility means any grouping of equipment where natural gas is 
processed, compressed, or stored prior to entering a pipeline to a local 
distribution company or (if there is no local distribution company) to a 
final end user. Examples of a facility for this source category are: an 
underground natural gas storage operation; or a natural gas compressor 
station that receives natural gas via pipeline, from an underground 
natural gas storage operation, or from a natural gas processing plant. 
The emission points associated with these phases include, but are not 
limited to, process vents. Processes that may have vents include, but 
are not limited to, dehydration and compressor station engines.
    Facility, for the purpose of a major source determination, means 
natural gas transmission and storage equipment that is located inside 
the boundaries of an individual surface site (as defined in this 
section) and is connected by ancillary equipment, such as gas flow lines 
or power lines. Equipment that is part of a facility will typically be 
located within close proximity to other equipment located at the same 
facility. Natural gas transmission and storage equipment or groupings of

[[Page 230]]

equipment located on different gas leases, mineral fee tracts, lease 
tracts, subsurface unit areas, surface fee tracts, or surface lease 
tracts shall not be considered part of the same facility.
    Flame zone means the portion of the combustion chamber in a 
combustion device occupied by the flame envelope.
    Flare means a thermal oxidation system using an open flame (i.e., 
without enclosure).
    Flash tank. See the definition for gas-condensate-glycol (GCG) 
separator.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or whether the valve position would allow gas flow to 
be present in a line.
    Gas-condensate-glycol (GCG) separator means a two-or three-phase 
separator through which the ``rich'' glycol stream of a glycol 
dehydration unit is passed to remove entrained gas and hydrocarbon 
liquid. The GCG separator is commonly referred to as a flash separator 
or flash tank.
    Glycol dehydration unit means a device in which a liquid glycol 
(including, but not limited to, ethylene glycol, diethylene glycol, or 
triethylene glycol) absorbent directly contacts a natural gas stream and 
absorbs water in a contact tower or absorption column (absorber). The 
glycol contacts and absorbs water vapor and other gas stream 
constituents from the natural gas and becomes ``rich'' glycol. This 
glycol is then regenerated in the glycol dehydration unit reboiler. The 
``lean'' glycol is then recycled.
    Glycol dehydration unit baseline operations means operations 
representative of the large glycol dehydration unit operations as of 
June 17, 1999 and the small glycol dehydration unit operations as of 
August 23, 2011. For the purposes of this subpart, for determining the 
percentage of overall HAP emission reduction attributable to process 
modifications, glycol dehydration unit baseline operations shall be 
parameter values (including, but not limited to, glycol circulation rate 
or glycol-HAP absorbency) that represent actual long-term conditions 
(i.e., at least 1 year). Glycol dehydration units in operation for less 
than 1 year shall document that the parameter values represent expected 
long-term operating conditions had process modifications not been made.
    Glycol dehydration unit process vent means the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
    Glycol dehydration unit reboiler vent means the vent through which 
exhaust from the reboiler of a glycol dehydration unit passes from the 
reboiler to the atmosphere or to a control device.
    Hazardous air pollutants or HAP means the chemical compounds listed 
in section 112(b) of the Clean Air Act (Act). All chemical compounds 
listed in section 112(b) of the Act need to be considered when making a 
major source determination. Only the HAP compounds listed in Table 1 of 
this subpart need to be considered when determining compliance.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section is not 
physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Initial startup means the first time a new or reconstructed source 
begins production. For the purposes of this subpart, initial startup 
does not include subsequent startups (as defined in this section) of 
equipment, for example, following malfunctions or shutdowns.
    Large glycol dehydration unit means a glycol dehydration unit with 
an actual annual average natural gas flowrate equal to or greater than 
283.0 thousand standard cubic meters per day and actual annual average 
benzene emissions equal to or greater than 0.90 Mg/yr, determined 
according to Sec.  63.1282(a). A glycol dehydration unit complying with 
the 0.9 Mg/yr control option under 63.1275(b)(1)(ii) is considered to be 
a large dehydrator.

[[Page 231]]

    Major source, as used in this subpart, shall have the same meaning 
as in Sec.  63.2, except that:
    (1) Emissions from any pipeline compressor station or pump station 
shall not be aggregated with emissions from other similar units, whether 
or not such units are in a contiguous area or under common control; and
    (2) Emissions from processes, operations, and equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations beneath the earth's 
surface. The principal hydrocarbon constituent is methane.
    Natural gas transmission means the pipelines used for the long 
distance transport of natural gas (excluding processing). Specific 
equipment used in natural gas transmission includes the land, mains, 
valves, meters, boosters, regulators, storage vessels, dehydrators, 
compressors, and their driving units and appurtenances, and equipment 
used for transporting gas from a production plant, delivery point of 
purchased gas, gathering system, storage area, or other wholesale source 
of gas to one or more distribution area(s).
    No detectable emissions means no escape of HAP from a device or 
system to the atmosphere as determined by:
    (1) Instrument monitoring results in accordance with the 
requirements of Sec.  63.1282(b); and
    (2) The absence of visible openings or defects in the device or 
system, such as rips, tears, or gaps.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself or in combination with one or more other operating parameter 
values, indicates that an owner or operator has complied with an 
applicable operating parameter limitation, over the appropriate 
averaging period as specified in Sec.  63.1282 (e) and (f).
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic monitoring device means an instrument used to indicate the 
concentration level of organic compounds exiting a control device based 
on a detection principle such as infra-red, photoionization, or thermal 
conductivity.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed device using a controlled flame, 
the primary purpose of which is to transfer heat to a process fluid or 
process material that is not a fluid, or to a heat transfer material for 
use in a process (rather than for steam generation) .
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Act or the 
regulations promulgated thereunder are concerned; and

[[Page 232]]

    (ii) The designated representative for any other purposes under part 
70.
    Safety device means a device that meets both of the following 
conditions: the device is not used for planned or routine venting of 
liquids, gases, or fumes from the unit or equipment on which the device 
is installed; and the device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the unit or equipment on which the device is installed in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. Examples of 
unplanned events which may require a safety device to open include 
failure of an essential equipment component or a sudden power outage.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a glycol dehydration unit, or other affected source under 
this subpart, or equipment required or used solely to comply with this 
subpart.
    Small glycol dehydration unit means a glycol dehydration unit, 
located at a major source, with an actual annual average natural gas 
flowrate less than 283.0 thousand standard cubic meters per day or 
actual annual average benzene emissions less than 0.90 Mg/yr, determined 
according to Sec.  63.1282(a).
    Startup means the setting into operation of a glycol dehydration 
unit, or other affected equipment under this subpart, or equipment 
required or used to comply with this subpart. Startup includes initial 
startup and operation solely for the purpose of testing equipment.
    Storage vessel means a tank or other vessel that is designed to 
contain an accumulation of crude oil, condensate, intermediate 
hydrocarbon liquids, produced water, or other liquid, and is constructed 
primarily of non-earthen materials (e.g., wood, concrete, steel, 
plastic) that provide structural support.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Temperature monitoring device means an instrument used to monitor 
temperature and having a minimum accuracy of 2 
percent of the temperature being monitored expressed in [deg]C, or 
2.5 [deg]C, whichever is greater. The temperature 
monitoring device may measure temperature in degrees Fahrenheit or 
degrees Celsius, or both.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds which can be measured according to the procedures of Method 
18, 40 CFR part 60, appendix A.
    Underground storage means the subsurface facilities utilized for 
storing natural gas that has been transferred from its original location 
for the primary purpose of load balancing, which is the process of 
equalizing the receipt and delivery of natural gas. Processes and 
operations that may be located at an underground storage facility 
include, but are not limited to, compression and dehydration.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001; 
77 FR 49585, Aug. 16, 2012]



Sec.  63.1272  Affirmative defense for violations of emission standards
during malfunction.

    (a) The provisions set forth in this subpart shall apply at all 
times.
    (b)-(c) [Reserved]
    (d) In response to an action to enforce the standards set forth in 
this subpart, you may assert an affirmative defense to a claim for civil 
penalties for violations of such standards that are caused by 
malfunction, as defined at Sec.  63.2. Appropriate penalties may be 
assessed; however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense, the affirmative defense shall 
not be available for claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a standard, you must timely meet the reporting requirements in 
paragraph (d)(2) of this section, and must prove by a preponderance of 
evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of 
air

[[Page 233]]

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

[77 FR 49585, Aug. 16, 2012]



Sec.  63.1273  [Reserved]



Sec.  63.1274  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) that apply and those that do not apply to owners 
and operators of affected sources subject to this subpart.
    (b) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. Reports 
may be submitted on electronic media.
    (c) The owner or operator of an affected source (i.e., glycol 
dehydration unit) located at an existing or new major source of HAP 
emissions shall comply with the requirements in this subpart as follows:
    (1) The control requirements for glycol dehydration unit process 
vents specified in Sec.  63.1275;
    (2) The monitoring requirements specified in Sec.  63.1283, and
    (3) The recordkeeping and reporting requirements specified in 
Sec. Sec.  63.1284 and 63.1285.
    (d) [Reserved]
    (e) Each owner or operator of a major HAP source subject to this 
subpart is required to apply for a part 70 or part 71 operating permit 
from the appropriate permitting authority. If the Administrator has 
approved a State operating permit program under part 70, the permit 
shall be obtained from the State authority. If a State operating

[[Page 234]]

permit program has not been approved, the owner or operator shall apply 
to the EPA Regional Office pursuant to part 71.
    (f) [Reserved]
    (g) In all cases where the provisions of this subpart require an 
owner or operator to repair leaks by a specified time after the leak is 
detected, it is a violation of this standard to fail to take action to 
repair the leak(s) within the specified time. If action is taken to 
repair the leak(s) within the specified time, failure of that action to 
successfully repair the leak(s) is not a violation of this standard. 
However, if the repairs are unsuccessful, and a leak is detected, the 
owner or operator shall take further action as required by the 
applicable provisions of this subpart.
    (h) At all times the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. Determination 
of whether such operation and maintenance procedures are being used will 
be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance records, 
and inspection of the source.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 
77 FR 49586, Aug. 16, 2012]



Sec.  63.1275  Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to 
this subpart that must be controlled for air emissions as specified in 
paragraph (c)(1) of Sec.  63.1274.
    (b) Except as provided in paragraph (c) of this section, an owner or 
operator of a glycol dehydration unit process vent shall comply with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) For each glycol dehydration unit process vent, the owner or 
operator shall control air emissions by either paragraph (b)(1)(i) or 
(iii) of this section.
    (i) The owner or operator of a large glycol dehydration unit, as 
defined in Sec.  63.1271, shall connect the process vent to a control 
device or a combination of control devices through a closed-vent system. 
The closed-vent system shall be designed and operated in accordance with 
the requirements of Sec.  63.1281(c). The control device(s) shall be 
designed and operated in accordance with the requirements of Sec.  
63.1281(d).
    (ii) The owner or operator of a large glycol dehydration unit shall 
connect the process vent to a control device or a combination of control 
devices through a closed-vent system and the outlet benzene emissions 
from the control device(s) shall be less than 0.90 megagrams per year. 
The closed-vent system shall be designed and operated in accordance with 
the requirements of Sec.  63.1281(c). The control device(s) shall be 
designed and operated in accordance with the requirements of Sec.  
63.1281(d), except that the performance requirements specified in Sec.  
63.1281(d)(1)(i) and (ii) do not apply.
    (iii) You must limit BTEX emissions from each existing small glycol 
dehydration unit, as defined in Sec.  63.1271, to the limit determined 
in Equation 1 of this section. You must limit BTEX emissions from each 
new small glycol dehydration unit process vent, as defined in Sec.  
63.1271, to the limit determined in Equation 2 of this section. The 
limits determined using Equation 1 or Equation 2, of this section, must 
be met in accordance with one of the alternatives specified in 
paragraphs (b)(1)(iii)(A) through (D) of this section.
[GRAPHIC] [TIFF OMITTED] TR16AU12.012



[[Page 235]]


Where:

ELBTEX = Unit-specific BTEX emission limit, megagrams per 
          year;
3.10 x 10-4 = BTEX emission limit, grams BTEX/standard cubic 
          meter-ppmv;
Throughput = Annual average daily natural gas throughput, standard cubic 
          meters per day;
Ci,BTEX = Annual average BTEX concentration of the natural 
          gas at the inlet to the glycol dehydration unit, ppmv.
          [GRAPHIC] [TIFF OMITTED] TR16AU12.013
          

Where:

ELBTEX = Unit-specific BTEX emission limit, megagrams per 
          year;
5.44 x 10-5 = BTEX emission limit, grams BTEX/standard cubic 
          meter-ppmv;
Throughput = Annual average daily natural gas throughput, standard cubic 
          meters per day;
Ci,BTEX = Annual average BTEX concentration of the natural 
          gas at the inlet to the glycol dehydration unit, ppmv.

    (A) Connect the process vent to a control device or combination of 
control devices through a closed-vent system. The closed vent system 
shall be designed and operated in accordance with the requirements of 
Sec.  63.1281(c). The control device(s) shall be designed and operated 
in accordance with the requirements of Sec.  63.1281(f).
    (B) Meet the emissions limit through process modifications in 
accordance with the requirements specified in Sec.  63.1281(e).
    (C) Meet the emission limit for each small glycol dehydration unit 
using a combination of process modifications and one or more control 
devices through the requirements specified in paragraphs (b)(1)(iii)(A) 
and (B) of this section.
    (D) Demonstrate that the emissions limit is met through actual 
uncontrolled operation of the small glycol dehydration unit. Document 
operational parameters in accordance with the requirements specified in 
Sec.  63.1281(e) and emissions in accordance with the requirements 
specified in Sec.  63.1282(a)(3).
    (2) One or more safety devices that vent directly to the atmosphere 
may be used on the air emission control equipment installed to comply 
with paragraph (b)(1) of this section.
    (c) As an alternative to the requirements of paragraph (b) of this 
section, the owner or operator may comply with one of the following:
    (1) The owner or operator shall control air emissions by connecting 
the process vent to a process natural gas line.
    (2) The owner or operator shall demonstrate, to the Administrator's 
satisfaction, that the total HAP emissions to the atmosphere from the 
large glycol dehydration unit process vent are reduced by 95.0 percent 
through process modifications or a combination of process modifications 
and one or more control devices, in accordance with the requirements 
specified in Sec.  63.1281(e).
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraph (c)(3)(i) through (iv) through the 
installation and operation of controls as specified in paragraph (b)(1) 
of this section.
    (i) For any large glycol dehydration unit, HAP emissions are reduced 
by 95.0 percent or more.
    (ii) For any large glycol dehydration unit, benzene emissions are 
reduced to a level less than 0.90 megagrams per year.
    (iii) For each existing small glycol dehydration unit, BTEX 
emissions are reduced to a level less than the limit calculated in 
Equation 1 of paragraph (b)(1)(iii) of this section.

[[Page 236]]

    (iv) For each new small glycol dehydration unit, BTEX emissions are 
reduced to a level less than the limit calculated in Equation 2 of 
paragraph (b)(1)(iii) of this section.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 
77 FR 49586, Aug. 16, 2012]



Sec. Sec.  63.1276-63.1280  [Reserved]



Sec.  63.1281  Control equipment requirements.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions as required by the provisions of this subpart. Compliance with 
paragraphs (c) and (d) of this section will be determined by review of 
the records required by Sec.  63.1284, the reports required by Sec.  
63.1285, by review of performance test results, and by inspections.
    (b) [Reserved]
    (c) Closed-vent system requirements. (1) The closed-vent system 
shall route all gases, vapors, and fumes emitted from the material in an 
emissions unit to a control device that meets the requirements specified 
in paragraph (d) of this section.
    (2) The closed-vent system shall be designed and operated with no 
detectable emissions.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of 
this section.
    (i) For each bypass device, except as provided for in paragraph 
(c)(3)(ii) of this section, the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device is 
open such that the stream is being, or could be, diverted away from the 
control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (c)(3)(i) of this section.
    (d) Control device requirements for sources except small glycol 
dehydration units. Owners and operators of small glycol dehydration 
units shall comply with the control requirements in paragraph (f) of 
this section.
    (1) The control device used to reduce HAP emissions in accordance 
with the standards of this subpart shall be one of the control devices 
specified in paragraphs (d)(1)(i) through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) that is designed 
and operated in accordance with one of the following performance 
requirements:
    (A) Reduces the mass content of either TOC or total HAP in the gases 
vented to the device by 95.0 percent by weight or greater, as determined 
in accordance with the requirements of Sec.  63.1282(d);
    (B) Reduces the concentration of either TOC or total HAP in the 
exhaust gases at the outlet to the device to a level equal to or less 
than 20 parts per million by volume on a dry basis corrected to 3 
percent oxygen as determined in accordance with the requirements of 
Sec.  63.1282(d); or
    (C) Operates at a minimum temperature of 760 degrees C, provided the 
control device has demonstrated, under Sec.  63.1282(d), that combustion 
zone temperature is an indicator of destruction efficiency.
    (D) If a boiler or process heater is used as the control device, 
then the vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (ii) A vapor recovery device (e.g., carbon adsorption system or 
condenser) or other non-destructive control device that is designed and 
operated to reduce the mass content of either TOC or total HAP in the 
gases vented to the device

[[Page 237]]

by 95.0 percent by weight or greater as determined in accordance with 
the requirements of Sec.  63.1282(d).
    (iii) A flare, as defined in Sec.  63.1271, that is designed and 
operated in accordance with the requirements of Sec.  63.11(b).
    (2) [Reserved]
    (3) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (d)(1) of this 
section by following the procedures specified in Sec.  63.1282(d).
    (4) The owner or operator shall operate each control device in 
accordance with the requirements specified in paragraphs (d)(4)(i) and 
(ii) of this section.
    (i) Each control device used to comply with this subpart shall be 
operating at all times when gases, vapors, and fumes are vented from the 
emissions unit or units through the closed vent system to the control 
device as required under Sec.  63.1275. An owner or operator may vent 
more than one unit to a control device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the 
requirements of Sec.  63.1283(d), the owner or operator shall 
demonstrate compliance according to the requirements of Sec.  
63.1282(e), or (f) as applicable.
    (5) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (d)(1) of this section, the owner or 
operator shall manage the carbon as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system. Records identifying 
the schedule for replacement and records of each carbon replacement 
shall be maintained as required in Sec.  63.1284(b)(7)(ix). The schedule 
for replacement shall be submitted with the Notification of Compliance 
Status Report as specified in Sec.  63.1285(d)(4)(iv). Each carbon 
replacement must be reported in the Periodic Reports as specified in 
Sec.  63.1285(e)(2)(xi).
    (ii) The spent carbon removed from the carbon adsorption system 
shall be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emissions standard for HAP under another subpart in 40 CFR part 
61 or this part.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator which the owner or 
operator has designed and operates in accordance with the requirements 
of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace which the owner or 
operator has designed and operates in accordance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (e) Process modification requirements. Each owner or operator that 
chooses to comply with Sec.  63.1275(c)(2) shall meet the requirements 
specified in paragraphs (e)(1) through (e)(3) of this section.
    (1) The owner or operator shall determine glycol dehydration unit 
baseline operations (as defined in Sec.  63.1271). Records of glycol 
dehydration unit baseline operations shall be retained as required under 
Sec.  63.1284(b)(9).
    (2) The owner or operator shall document, to the Administrator's 
satisfaction, the conditions for which glycol dehydration unit baseline 
operations shall be modified to achieve the 95.0

[[Page 238]]

percent overall HAP emission reduction, or BTEX limit determined in 
Sec.  63.1275(b)(1)(iii), as applicable, either through process 
modifications or through a combination of process modifications and one 
or more control devices. If a combination of process modifications and 
one or more control devices are used, the owner or operator shall also 
establish the emission reduction to be achieved by the control device to 
achieve an overall HAP emission reduction of 95.0 percent for the glycol 
dehydration unit process vent or, if applicable, the BTEX limit 
determined in Sec.  63.1275(b)(1)(iii) for the small glycol dehydration 
unit process vent. Only modifications in glycol dehydration unit 
operations directly related to process changes, including but not 
limited to changes in glycol circulation rate or glycol-HAP absorbency, 
shall be allowed. Changes in the inlet gas characteristics or natural 
gas throughput rate shall not be considered in determining the overall 
emission reduction due to process modifications.
    (3) The owner or operator that achieves a 95.0 percent HAP emission 
reduction or meets the BTEX limit determined in Sec.  
63.1275(b)(1)(iii), as applicable, using process modifications alone 
shall comply with paragraph (e)(3)(i) of this section. The owner or 
operator that achieves a 95.0 percent HAP emission reduction or meets 
the BTEX limit determined in Sec.  63.1275(b)(1)(iii), as applicable, 
using a combination of process modifications and one or more control 
devices shall comply with paragraphs (e)(3)(i) and (e)(3)(ii) of this 
section.
    (i) The owner or operator shall maintain records, as required in 
Sec.  63.1284(b)(10), that the facility continues to operate in 
accordance with the conditions specified under paragraph (e)(2) of this 
section.
    (ii) The owner or operator shall comply with the control device 
requirements specified in paragraph (d) or (f) of this section, as 
applicable, except that the emission reduction or limit achieved shall 
be the emission reduction or limit specified for the control device(s) 
in paragraph (e)(2) of this section.
    (f) Control device requirements for small glycol dehydration units. 
(1) The control device used to meet BTEX the emission limit calculated 
in Sec.  63.1275(b)(1)(iii) shall be one of the control devices 
specified in paragraphs (f)(1)(i) through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) that is designed 
and operated to meet the levels specified in paragraphs (f)(1)(i)(A) or 
(B) of this section. If a boiler or process heater is used as the 
control device, then the vent stream shall be introduced into the flame 
zone of the boiler or process heater.
    (A) The mass content of BTEX in the gases vented to the device is 
reduced as determined in accordance with the requirements of Sec.  
63.1282(d).
    (B) The concentration of either TOC or total HAP in the exhaust 
gases at the outlet of the device is reduced to a level equal to or less 
than 20 parts per million by volume on a dry basis corrected to 3 
percent oxygen as determined in accordance with the requirements of 
Sec.  63.1282(e).
    (ii) A vapor recovery device (e.g., carbon adsorption system or 
condenser) or other non-destructive control device that is designed and 
operated to reduce the mass content of BTEX in the gases vented to the 
device as determined in accordance with the requirements of Sec.  
63.1282(d).
    (iii) A flare, as defined in Sec.  63.1271, that is designed and 
operated in accordance with the requirements of Sec.  63.11(b).
    (2) The owner or operator shall operate each control device in 
accordance with the requirements specified in paragraphs (f)(2)(i) and 
(ii) of this section.
    (i) Each control device used to comply with this subpart shall be 
operating at all times. An owner or operator may vent more than one unit 
to a control device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the 
requirements of Sec.  63.1283(d), the owner or operator shall 
demonstrate compliance according to the requirements of either Sec.  
63.1282(e) or (h).
    (3) For each carbon adsorption system used as a control device to 
meet

[[Page 239]]

the requirements of paragraph (f)(1) of this section, the owner or 
operator shall manage the carbon as required under (d)(5)(i) and (ii) of 
this section.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 
68 FR 37357, June 23, 2003; 77 FR 49587, Aug. 16, 2012]



Sec.  63.1282  Test methods, compliance procedures, and compliance
demonstrations.

    (a) Determination of glycol dehydration unit flowrate, benzene 
emissions, or BTEX emissions. The procedures of this paragraph shall be 
used by an owner or operator to determine glycol dehydration unit 
natural gas flowrate, benzene emissions, or BTEX emissions.
    (1) The determination of actual flowrate of natural gas to a glycol 
dehydration unit shall be made using the procedures of either paragraph 
(a)(1)(i) or (a)(1)(ii) of this section.
    (i) The owner or operator shall install and operate a monitoring 
instrument that directly measures natural gas flowrate to the glycol 
dehydration unit with an accuracy of plus or minus 2 percent or better. 
The owner or operator shall convert the annual natural gas flowrate to a 
daily average by dividing the annual flowrate by the number of days per 
year the glycol dehydration unit processed natural gas.
    (ii) The owner or operator shall document, to the Administrator's 
satisfaction, the actual annual average natural gas flowrate to the 
glycol dehydration unit.
    (2) The determination of actual average benzene or BTEX emissions 
from a glycol dehydration unit shall be made using the procedures of 
either paragraph (a)(2)(i) or (ii) of this section. Emissions shall be 
determined either uncontrolled or with federally enforceable controls in 
place.
    (i) The owner or operator shall determine actual average benzene or 
BTEX emissions using the model GRI-GLYCalc \TM\, Version 3.0 or higher, 
and the procedures presented in the associated GRI-GLYCalc \TM\ 
Technical Reference Manual. Inputs to the model shall be representative 
of actual operating conditions of the glycol dehydration unit and may be 
determined using the procedures documented in the Gas Research Institute 
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining 
Glycol Dehydrator Emissions'' (GRI-95/0368.1); or
    (ii) The owner or operator shall determine an average mass rate of 
benzene or BTEX emissions in kilograms per hour through direct 
measurement by performing three runs of Method 18 in 40 CFR part 60, 
appendix A; or ASTM D6420-99 (Reapproved 2004) (incorporated by 
reference as specified in Sec.  63.14), as specified in Sec.  
63.772(a)(1)(ii); or an equivalent method; and averaging the results of 
the three runs. Annual emissions in kilograms per year shall be 
determined by multiplying the mass rate by the number of hours the unit 
is operated per year. This result shall be converted to megagrams per 
year.
    (b) No detectable emissions test procedure. (1) The procedure shall 
be conducted in accordance with Method 21, 40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21, 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the fluid, and not for each individual organic 
compound in the stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21, 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air); and
    (ii) A mixture of methane in air at a methane concentration of less 
than 10,000 parts per million by volume.
    (5) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (6)(i) Except as provided in paragraph (b)(6)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60,

[[Page 240]]

appendix A, except the instrument response factor criteria in section 
3.1.2(a) of Method 21 shall be for the average composition of the 
process fluid not each individual volatile organic compound in the 
stream. For process streams that contain nitrogen, air, or other inert 
gases that are not organic HAP or VOC, the average stream response 
factor shall be calculated on an inert-free basis.
    (ii) If no instrument is available at the facility that will meet 
the performance criteria specified in paragraph (b)(6)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (b)(6)(i) of this section.
    (7) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (b)(7)(i) or (b)(7)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (b)(8) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (b)(5) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (b)(8) of this section.
    (8) A potential leak interface is determined to operate with no 
detectable organic emissions if the organic concentration value 
determined in paragraph (b)(7) is less than 500 parts per million by 
volume.
    (c) Test procedures and compliance demonstrations for small glycol 
dehydration units. This paragraph (c) applies to the test procedures for 
small dehydration units.
    (1) If the owner or operator is using a control device to comply 
with the emission limit in Sec.  63.1275(b)(1)(iii), the requirements of 
paragraph (d) of this section apply. Compliance is demonstrated using 
the methods specified in paragraph (e) of this section.
    (2) If no control device is used to comply with the emission limit 
in Sec.  63.1275(b)(1)(iii), the owner or operator must determine the 
glycol dehydration unit BTEX emissions as specified in paragraphs 
(c)(2)(i) through (iii) of this section. Compliance is demonstrated if 
the BTEX emissions determined as specified in paragraphs (c)(2)(i) 
through (iii) are less than the emission limit calculated using the 
equation in Sec.  63.1275(b)(1)(iii).
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the outlet of the 
glycol dehydration unit process vent. Any references to particulate 
mentioned in Methods 1 and 1A do not apply to this section.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) The BTEX emissions from the outlet of the glycol dehydration 
unit process vent shall be determined using the procedures specified in 
paragraph (d)(3)(v) of this section. As an alternative, the mass rate of 
BTEX at the outlet of the glycol dehydration unit process vent may be 
calculated using the model GRI-GLYCalc \TM\, Version 3.0 or higher, and 
the procedures presented in the associated GRI-GLYCalc \TM\ Technical 
Reference Manual. Inputs to the model shall be representative of actual 
operating conditions of the glycol dehydration unit and shall be 
determined using the procedures documented in the Gas Research Institute 
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining 
Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the BTEX mass rate 
is calculated for glycol dehydration units using the model GRI-GLYCalc 
\TM\, all BTEX measured by Method 18, 40 CFR part 60, appendix A, shall 
be summed.
    (d) Control device performance test procedures. This paragraph 
applies to the

[[Page 241]]

performance testing of control devices. The owners or operators shall 
demonstrate that a control device achieves the performance requirements 
of Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1) using a performance test 
as specified in paragraph (d)(3) of this section. Owners or operators 
using a condenser have the option to use a design analysis as specified 
in paragraph (d)(4) of this section. The owner or operator may elect to 
use the alternative procedures in paragraph (d)(5) of this section for 
performance testing of a condenser used to control emissions from a 
glycol dehydration unit process vent. Flares shall meet the provisions 
in paragraph (d)(2) of this section. As an alternative to conducting a 
performance test under this section for combustion control devices, a 
control device that can be demonstrated to meet the performance 
requirements of Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1) through a 
performance test conducted by the manufacturer, as specified in 
paragraph (g) of this section, can be used.
    (1) The following control devices are exempt from the requirements 
to conduct performance tests and design analyses under this section:
    (i) Except as specified in paragraph (d)(2) of this section, a 
flare, as defined in Sec.  63.1271, that is designed and operated in 
accordance with Sec.  63.11(b);
    (ii) Except for control devices used for small glycol dehydration 
units, a boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (iii) Except for control devices used for small glycol dehydration 
units, a boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel;
    (iv) Except for control devices used for small glycol dehydration 
units, a boiler or process heater burning hazardous waste for which the 
owner or operator has either been issued a final permit under 40 CFR 
part 270 and complies with the requirements of 40 CFR part 266, subpart 
H, or has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H;
    (v) Except for control devices used for small glycol dehydration 
units, a hazardous waste incinerator for which the owner or operator has 
been issued a final permit under 40 CFR part 270 and complies with the 
requirements of 40 CFR part 264, subpart O, or has certified compliance 
with the interim status requirements of 40 CFR part 265, subpart O.
    (vi) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA, and the 
test was conducted using the same methods specified in this section, and 
either no process changes have been made since the test, or the owner or 
operator can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (2) An owner or operator shall design and operate each flare, as 
defined in Sec.  63.1271, in accordance with the requirements specified 
in Sec.  63.11(b) and the compliance determination shall be conducted 
using Method 22 of 40 CFR part 60, appendix A, to determine visible 
emissions.
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec.  63.1281(d)(1), (e)(3)(ii), or 
(f)(1) the owner or operator shall use the test methods and procedures 
specified in paragraphs (d)(3)(i) through (v) of this section. The 
initial and periodic performance tests shall be conducted according to 
the schedule specified in paragraph (d)(3)(vi) of this section.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites specified in 
paragraphs (d)(3)(i)(A) and (B) of this section. Any references to 
particulate mentioned in Methods 1 and 1A do not apply to this section.
    (A) To determine compliance with the control device percent 
reduction requirements specified in Sec.  
63.1281(d)(1)(i)(A),(d)(1)(ii), or (e)(3)(ii), sampling sites shall be 
located at the inlet of the first control device and at the outlet of 
the final control device.
    (B) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec.  63.1281(d)(1)(i)(B), or 
the BTEX emission limit specified in Sec.  63.1275(b)(1)(iii),

[[Page 242]]

the sampling site shall be located at the outlet of the combustion 
device.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the control device percent 
reduction performance requirement in Sec.  63.1281(d)(1)(i)(A), 
63.1281(d)(1)(ii), or 63.1281(e)(3)(ii), the owner or operator shall use 
either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part 
60, appendix A; or ASTM D6420-99 (incorporated by reference as specified 
in Sec.  63.14), as specified in Sec.  63.772(a)(1)(ii); alternatively, 
any other method or data that have been validated according to the 
applicable procedures in Method 301 of appendix A of this part may be 
used. The following procedures shall be used to calculate the percentage 
of reduction:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed using the equations 
and procedures specified in paragraphs (d)(3)(iii)(B)(1) through (3) of 
this section. As an alternative, the mass rate of either TOC (minus 
methane and ethane) or total HAP at the inlet of the control device 
(Ei) may be calculated using the procedures specified in 
paragraph (d)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.027
    
Where:

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

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

[[Page 243]]

    (C) The percentage of reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.010

Where:

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

    (D) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the combustion 
air or as a secondary fuel, the weight-percentage of reduction of total 
HAP or TOC (minus methane and ethane) across the device shall be 
determined by comparing the TOC (minus methane and ethane) or total HAP 
in all combusted vent streams and primary and secondary fuels with the 
TOC (minus methane and ethane) or total HAP exiting the device, 
respectively.
    (iv) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec.  63.1281(d)(1)(i)(B), 
the owner or operator shall use either Method 18, 40 CFR part 60, 
appendix A; or Method 25A, 40 CFR part 60, appendix A; or ASTM D6420-99 
(Reapproved 2004) (incorporated by reference as specified in Sec.  
63.14), as specified in Sec.  63.772(a)(1)(ii), to measure either TOC 
(minus methane and ethane) or total HAP. Alternatively, any other method 
or data that have been validated according to Method 301 of appendix A 
of this part, may be used. The following procedures shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (d)(3)(iv)(B)(1) or (d)(3)(iv)(B)(2) 
of this section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.011

Where:

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

    (2) The total HAP concentration (CHAP) shall be computed 
according to the equation in paragraph (d)(3)(iv)(B)(1) of this section, 
except that only HAP chemicals listed in Table 1 of this subpart shall 
be summed.
    (C) The TOC concentration or total HAP concentration shall be 
corrected to 3 percent oxygen as follows:
    (1) The emission rate correction factor for excess air, integrated 
sampling and analysis procedures of Method 3A or 3B, 40 CFR part 60, 
appendix A, ASTM D6522-00 (Reapproved 2005), or ANSI/ASME PTC 19.10-
1981, Part 10 (manual portion only) (incorporated by reference as 
specified in Sec.  63.14) shall be used to determine the oxygen 
concentration (%O2d). The samples shall be taken during the 
same time that the samples are taken for determining TOC concentration 
or total HAP concentration.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:

[[Page 244]]

[GRAPHIC] [TIFF OMITTED] TR17JN99.012

Where:

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

    (v) To determine compliance with the BTEX emission limit specified 
in Sec.  63.1275(b)(1)(iii) the owner or operator shall use one of the 
following methods: Method 18, 40 CFR part 60, appendix A; ASTM D6420-99 
(Reapproved 2004) (incorporated by reference as specified in Sec.  
63.14), as specified in Sec.  63.772(a)(1)(ii); or any other method or 
data that have been validated according to the applicable procedures in 
Method 301, 40 CFR part 63, appendix A. The following procedures shall 
be used to calculate BTEX emissions:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The mass rate of BTEX (Eo) shall be computed using 
the equations and procedures specified in paragraphs (d)(3)(v)(B)(1) and 
(2) of this section.
    (1) The following equation shall be used:
    [GRAPHIC] [TIFF OMITTED] TR16AU12.014
    

Where:

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

    (2) When the BTEX mass rate is calculated, only BTEX compounds 
measured by Method 18, 40 CFR part 60, appendix A, or ASTM D6420-99 
(Reapproved 2004) (incorporated by reference as specified in Sec.  
63.14) as specified in Sec.  63.772(a)(1)(ii), shall be summed using the 
equations in paragraph (d)(3)(v)(B)(1) of this section.
    (vi) The owner or operator shall conduct performance tests according 
to the schedule specified in paragraphs (d)(3)(vi)(A) and (B) of this 
section.
    (A) An initial performance test shall be conducted within 180 days 
after the compliance date that is specified for each affected source in 
Sec.  63.1270(d)(3) and (4) except that the initial performance test for 
existing combustion control devices (i.e., control devices installed on 
or before August 23, 2011) at major sources shall be conducted no later 
than October 15, 2015. If the owner or operator of an existing 
combustion control device at a major source chooses to replace such 
device with a control device whose model is tested under Sec.  
63.1282(g), then the newly installed device shall comply with all 
provisions of this subpart no later than October 15, 2015. The 
performance test results shall be submitted in the Notification of 
Compliance Status Report as required in Sec.  63.1285(d)(1)(ii).
    (B) Periodic performance tests shall be conducted for all control 
devices required to conduct initial performance tests except as 
specified in paragraphs (e)(3)(vi)(B)(1) and (2) of this section. The 
first periodic performance test shall be conducted no later than 60

[[Page 245]]

months after the initial performance test required in paragraph 
(d)(3)(vi)(A) of this section. Subsequent periodic performance tests 
shall be conducted at intervals no longer than 60 months following the 
previous periodic performance test or whenever a source desires to 
establish a new operating limit. The periodic performance test results 
must be submitted in the next Periodic Report as specified in Sec.  
63.1285(e)(2)(x). Combustion control devices meeting the criteria in 
either paragraph (e)(3)(vi)(B)(1) or (2) of this section are not 
required to conduct periodic performance tests.
    (1) A control device whose model is tested under, and meets the 
criteria of, Sec.  63.1282(g), or
    (2) A combustion control device demonstrating during the performance 
test under Sec.  63.1282(d) that combustion zone temperature is an 
indicator of destruction efficiency and operates at a minimum 
temperature of 760 degrees C.
    (4) For a condenser design analysis conducted to meet the 
requirements of Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1), the owner or 
operator shall meet the requirements specified in paragraphs (d)(4)(i) 
and (ii) of this section. Documentation of the design analysis shall be 
submitted as a part of the Notification of Compliance Status Report as 
required in Sec.  63.1285(d)(1)(i).
    (i) The condenser design analysis shall include an analysis of the 
vent stream composition, constituent concentrations, flowrate, relative 
humidity, and temperature, and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet. As an alternative 
to the condenser design analysis, an owner or operator may elect to use 
the procedures specified in paragraph (d)(5) of this section.
    (A) For a thermal vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
in the combustion zone and the combustion zone residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
across the catalyst bed inlet and outlet, and the design service life of 
the catalyst.
    (C) For a boiler or process heater, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate; shall establish the design minimum and average flame zone 
temperatures and combustion zone residence time; and shall describe the 
method and location where the vent stream is introduced into the flame 
zone.
    (D) For a condenser, the design analysis shall include the vent 
stream composition, constituent concentrations, flowrate, relative 
humidity, and temperature, and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet. As an alternative 
to the design analysis, an owner or operator may elect to use the 
procedures specified in paragraph (d)(5) of this section.
    (E) For a regenerable carbon adsorption, the design analysis shall 
include the vent stream composition, constituent concentrations, 
flowrate, relative humidity, and temperature, and shall establish the 
design exhaust vent stream organic compound concentration level, 
adsorption cycle time, number and capacity of carbon beds, type and 
working capacity of activated carbon used for the carbon beds, design 
total regeneration stream flow over the period of each complete carbon 
bed regeneration cycle, design carbon bed temperature after 
regeneration, design carbon bed regeneration time, and design service 
life of the carbon.
    (F) For a nonregenerable carbon adsorption system, such as a carbon 
canister, the design analysis shall include the vent stream composition, 
constituent concentrations, flowrate, relative humidity, and 
temperature, and shall establish the design exhaust vent stream organic 
compound concentration level, capacity of the carbon bed, type and 
working capacity of activated

[[Page 246]]

carbon used for the carbon bed, and design carbon replacement interval 
based on the total carbon working capacity of the control device and 
source operating schedule. In addition, these systems will incorporate 
dual carbon canisters in case of emission breakthrough occurring in one 
canister.
    (ii) If the owner or operator and the Administrator do not agree on 
a demonstration of control device performance using a design analysis, 
then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (d)(3) of this section. The Administrator 
may choose to have an authorized representative observe the performance 
test.
    (5) As an alternative to the procedures in paragraph (d)(4)(i) of 
this section, an owner or operator may elect to use the procedures 
documented in the GRI report entitled, ``Atmospheric Rich/Lean Method 
for Determining Glycol Dehydrator Emissions,'' (GRI-95/0368.1) as inputs 
for the model GRI-GLYCalc \TM\, Version 3.0 or higher, to generate a 
condenser performance curve.
    (e) Compliance demonstration for control devices performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in Sec.  
63.1281(d)(1), (e)(3)(ii), and (f)(1). Compliance shall be demonstrated 
using the requirements in paragraphs (e)(1) through (3) of this section. 
As an alternative, an owner or operator that installs a condenser as the 
control device to achieve the requirements specified in Sec.  
63.1281(d)(1)(ii), (e)(3)(ii), or (f)(1) may demonstrate compliance 
according to paragraph (f) of this section. An owner or operator may 
switch between compliance with paragraph (e) of this section and 
compliance with paragraph (f) of this section only after at least 1 year 
of operation in compliance with the selected approach. Notification of 
such a change in the compliance method shall be reported in the next 
Periodic Report, as required in Sec.  63.1285(e), following the change.
    (1) The owner or operator shall establish a site specific maximum or 
minimum monitoring parameter value (as appropriate) according to the 
requirements of Sec.  63.1283(d)(5)(i).
    (2) The owner or operator shall calculate the daily average of the 
applicable monitored parameter in accordance with Sec.  63.1283(d)(4) 
except that the inlet gas flowrate to the control device shall not be 
averaged.
    (3) Compliance is achieved when the daily average of the monitoring 
parameter value calculated under paragraph (e)(2) of this section is 
either equal to or greater than the minimum or equal to or less than the 
maximum monitoring value established under paragraph (e)(1) of this 
section. For inlet gas flowrate, compliance with the operating parameter 
limit is achieved when the value is equal to or less than the value 
established under Sec.  63.1282(g) or under the performance test 
conducted under Sec.  63.1282(d), as applicable.
    (4) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, system accuracy audits and required zero and span 
adjustments), the CMS required in Sec.  63.1283(d) must be operated at 
all times the affected source is operating. A monitoring system 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. Monitoring system repairs are required 
to be completed in response to monitoring system malfunctions and to 
return the monitoring system to operation as expeditiously as 
practicable.
    (5) Data recorded during monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, or required monitoring 
system quality assurance or control activities may not be used in 
calculations used to report emissions or operating levels. All the data 
collected during all other required data collection periods must be used 
in assessing the operation of the control device and associated control 
system.

[[Page 247]]

    (6) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required quality 
monitoring system quality assurance or quality control activities 
(including, as applicable, system accuracy audits and required zero and 
span adjustments), failure to collect required data is a deviation of 
the monitoring requirements.
    (f) Compliance demonstration with percent reduction or emission 
limit performance requirements--condensers. This paragraph applies to 
the demonstration of compliance with the performance requirements 
specified in Sec.  63.1281(d)(1)(ii), (e)(3) or (f)(1) for condensers. 
Compliance shall be demonstrated using the procedures in paragraphs 
(f)(1) through (f)(3) of this section.
    (1) The owner or operator shall establish a site-specific condenser 
performance curve according to the procedures specified in Sec.  
63.1283(d)(5)(ii). For sources required to meet the BTEX limit in 
accordance with Sec.  63.1281(e) or (f)(1) the owner or operator shall 
identify the minimum percent reduction necessary to meet the BTEX limit.
    (2) Compliance with the percent reduction requirement in Sec.  
63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures in 
paragraphs (f)(2)(i) through (iii) of this section.
    (i) The owner or operator must calculate the daily average condenser 
outlet temperature in accordance with Sec.  63.1283(d)(4).
    (ii) The owner or operator shall determine the condenser efficiency 
for the current operating day using the daily average condenser outlet 
temperature calculated in paragraph (f)(2)(i) of this section and the 
condenser performance curve established in paragraph (f)(1) of this 
section.
    (iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D) 
of this section, at the end of each operating day the owner or operator 
shall calculate the 30-day average HAP, or BTEX, emission reduction, as 
appropriate, from the condenser efficiencies as determined in paragraph 
(f)(2)(ii) of this section for the preceding 30 operating days. If the 
owner or operator uses a combination of process modifications and a 
condenser in accordance with the requirements of Sec.  63.1281(e), the 
30-day average HAP emission, or BTEX, emission reduction, shall be 
calculated using the emission reduction achieved through process 
modifications and the condenser efficiency as determined in paragraph 
(f)(2)(ii) of this section, both for the preceding 30 operating days.
    (A) After the compliance date specified in Sec.  63.1270(d), an 
owner or operator of a facility that stores natural gas that has less 
than 30 days of data for determining the average HAP, or BTEX, emission 
reduction, as appropriate, shall calculate the cumulative average at the 
end of the withdrawal season, each season, until 30 days of condenser 
operating data are accumulated. For a facility that does not store 
natural gas, the owner or operator that has less than 30 days of data 
for determining average HAP, or BTEX, emission reduction, as 
appropriate, shall calculate the cumulative average at the end of the 
calendar year, each year, until 30 days of condenser operating data are 
accumulated.
    (B) After the compliance date specified in Sec.  63.1270(d), for an 
owner or operator that has less than 30 days of data for determining the 
average HAP, or BTEX, emission reduction, as appropriate, compliance is 
achieved if the average HAP, or BTEX, emission reduction, as 
appropriate, calculated in paragraph (f)(2)(iii)(A) of this section is 
equal to or greater than 95.0 percent or is equal to or greater than the 
minimum percent reduction necessary to meet the BTEX emission limit as 
determined in paragraph (f)(1) of this section.
    (C) For the purposes of this subpart, a withdrawal season begins the 
first time gas is withdrawn from the storage field after July 1 of the 
calendar year and ends on June 30 of the next calendar year.
    (D) Glycol dehydration units that are operated continuously have the 
option of complying with the requirements specified in 40 CFR 63.772(g).
    (3) Compliance is achieved based on the applicable criteria in 
paragraphs (f)(3)(i) or (ii) of this section.
    (i) For sources meeting the HAP emission reduction specified in 
Sec.  63.1281(d)(1)(ii) or (e)(3) if the average HAP emission reduction 
calculated in

[[Page 248]]

paragraph (f)(2)(iii) of this section is equal to or greater than 95.0 
percent.
    (ii) For sources required to meet the BTEX limit under Sec.  
63.1281(e)(3) or (f)(1), compliance is achieved if the average BTEX 
emission reduction calculated in paragraph (f)(2)(iii) of this section 
is equal to or greater than the minimum percent reduction identified in 
paragraph (f)(1) of this section.
    (g) Performance testing for combustion control devices--
manufacturers' performance test. (1) This paragraph (g) applies to the 
performance testing of a combustion control device conducted by the 
device manufacturer. The manufacturer shall demonstrate that a specific 
model of control device achieves the performance requirements in (g)(7) 
of this section by conducting a performance test as specified in 
paragraphs (g)(2) through (6) of this section.
    (2) Performance testing shall consist of three one-hour (or longer) 
test runs for each of the four following firing rate settings making a 
total of 12 test runs per test. Propene (propylene) gas shall be used 
for the testing fuel. All fuel analyses shall be performed by an 
independent third-party laboratory (not affiliated with the control 
device manufacturer or fuel supplier).
    (i) 90-100 percent of maximum design rate (fixed rate).
    (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 100 percent of the maximum design 
rate. Hold at 100 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 70 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 70 percent of the maximum design 
rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 30 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at 0 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 30 percent of the maximum design 
rate. Hold at 30 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 0 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (3) All models employing multiple enclosures shall be tested 
simultaneously and with all burners operational. Results shall be 
reported for each enclosure individually and for the average of the 
emissions from all interconnected combustion enclosures/chambers. 
Control device operating data shall be collected continuously throughout 
the performance test using an electronic Data Acquisition System and 
strip chart. Data shall be submitted with the test report in accordance 
with paragraph (g)(8)(iii) of this section.
    (4) Inlet testing shall be conducted as specified in paragraphs 
(g)(4)(i) through (iii) of this section.
    (i) The inlet gas flow metering system shall be located in 
accordance with Method 2A, 40 CFR part 60, appendix A-1, (or other 
approved procedure) to measure inlet gas flowrate at the control device 
inlet location. The fitting for filling fuel sample containers shall be 
located a minimum of 8 pipe diameters upstream of any inlet gas flow 
monitoring meter.
    (ii) Inlet gas flowrate shall be determined using Method 2A, 40 CFR 
part 60, appendix A-1. Record the start and stop reading for each 60-
minute THC test. Record the inlet gas pressure and temperature at 5-
minute intervals throughout each 60-minute THC test.
    (iii) Inlet gas sampling shall be conducted in accordance with the 
criteria in paragraphs (g)(4)(iii)(A) and (B) of this section.
    (A) At the inlet gas sampling location, securely connect a Silonite-
coated stainless steel evacuated canister fitted with a flow controller 
sufficient to fill the canister over a 3 hour period. Filling shall be 
conducted as specified in the following:
    (1) Open the canister sampling valve at the beginning of the total 
hydrocarbon (THC) test, and close the canister at the end of each THC 
test run.
    (2) Fill one canister across the three test runs for each THC test 
such that

[[Page 249]]

one composite fuel sample exists for each test condition.
    (3) Label the canisters individually and record on a chain of 
custody form.
    (B) Each inlet gas sample shall be analyzed using the following 
methods. The results shall be included in the test report.
    (1) Hydrocarbon compounds containing between one and five atoms of 
carbon plus benzene using ASTM D1945-03 (Reapproved 2010) (incorporated 
by reference as specified in Sec.  63.14).
    (2) Hydrogen (H2), carbon monoxide (CO), carbon dioxide 
(CO2), nitrogen (N2), oxygen (O2) using 
ASTM D1945-03 (Reapproved 2010) (incorporated by reference as specified 
in Sec.  63.14).
    (3) Higher heating value using ASTM D3588-98 (Reapproved 2003) or 
ASTM D4891-89 (Reapproved 2006) (incorporated by reference as specified 
in Sec.  63.14).
    (5) Outlet testing shall be conducted in accordance with the 
criteria in paragraphs (g)(5)(i) through (v) of this section.
    (i) Sampling and flowrate measured in accordance with the following:
    (A) The outlet sampling location shall be a minimum of 4 equivalent 
stack diameters downstream from the highest peak flame or any other flow 
disturbance, and a minimum of one equivalent stack diameter upstream of 
the exit or any other flow disturbance. A minimum of two sample ports 
shall be used.
    (B) Flowrate shall be measured using Method 1, 40 CFR part 60, 
Appendix 1, for determining flow measurement traverse point location; 
and Method 2, 40 CFR part 60, Appendix 1, shall be used to measure duct 
velocity. If low flow conditions are encountered (i.e., velocity 
pressure differentials less than 0.05 inches of water) during the 
performance test, a more sensitive manometer or other pressure 
measurement device shall be used to obtain an accurate flow profile.
    (ii) Molecular weight shall be determined as specified in paragraphs 
(g)(4)(iii)(B), and (g)(5)(ii)(A) and (B) of this section.
    (A) An integrated bag sample shall be collected during the Method 4, 
40 CFR part 60, Appendix A, moisture test. Analyze the bag sample using 
a gas chromatograph-thermal conductivity detector (GC-TCD) analysis 
meeting the following criteria:
    (1) Collect the integrated sample throughout the entire test, and 
collect representative volumes from each traverse location.
    (2) The sampling line shall be purged with stack gas before opening 
the valve and beginning to fill the bag.
    (3) The bag contents shall be vigorously mixed prior to the GC 
analysis.
    (4) The GC-TCD calibration procedure in Method 3C, 40 CFR part 60, 
Appendix A, shall be modified by using EPAAlt-045 as follows: For the 
initial calibration, triplicate injections of any single concentration 
must agree within 5 percent of their mean to be valid. The calibration 
response factor for a single concentration re-check must be within 10 
percent of the original calibration response factor for that 
concentration. If this criterion is not met, the initial calibration 
using at least three concentration levels shall be repeated.
    (B) Report the molecular weight of: O2, CO2, 
methane (CH4), and N2 and include in the test report 
submitted under Sec.  63.775(d)(iii). Moisture shall be determined using 
Method 4, 40 CFR part 60, Appendix A. Traverse both ports with the 
Method 4, 40 CFR part 60, Appendix A, sampling train during each test 
run. Ambient air shall not be introduced into the Method 3C, 40 CFR part 
60, Appendix A, integrated bag sample during the port change.
    (iii) Carbon monoxide shall be determined using Method 10, 40 CFR 
part 60, Appendix A or ASTM D6522-00 (Reapproved 2005) (incorporated by 
reference as specified in Sec.  63.14). The test shall be run at the 
same time and with the sample points used for the EPA Method 25A, 40 CFR 
part 60, Appendix A, testing. An instrument range of 0-10 per million by 
volume-dry (ppmvd) shall be used.
    (iv) Visible emissions shall be determined using Method 22, 40 CFR 
part 60, Appendix A. The test shall be performed continuously during 
each test run. A digital color photograph of the exhaust point, taken 
from the position of the observer and annotated with date and time, will 
be taken once per

[[Page 250]]

test run and the four photos included in the test report.
    (v) Excess air shall be determined using resultant data from the EPA 
Method 3C tests and EPA Method 3B, 40 CFR part 60, Appendix A, equation 
3B-1 or ANSI/ASME PTC 19.10-1981, Part 10 (manual portion only) 
(incorporated by reference as specified in Sec.  63.14).
    (6) Total hydrocarbons (THC) shall be determined as specified by the 
following criteria:
    (i) Conduct THC sampling using Method 25A, 40 CFR part 60, Appendix 
A, except the option for locating the probe in the center 10 percent of 
the stack shall not be allowed. The THC probe must be traversed to 16.7 
percent, 50 percent, and 83.3 percent of the stack diameter during the 
test run.
    (ii) A valid test shall consist of three Method 25A, 40 CFR part 60, 
Appendix A, tests, each no less than 60 minutes in duration.
    (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane) 
measurement range is preferred; as an alternative a 0-30 ppmvw (as 
carbon) measurement range may be used.
    (iv) Calibration gases will be propane in air and be certified 
through EPA Protocol 1--``EPA Traceability Protocol for Assay and 
Certification of Gaseous Calibration Standards,'' September 1997, as 
amended August 25, 1999, EPA-600/R-97/121 (or more recent if updated 
since 1999).
    (v) THC measurements shall be reported in terms of ppmvw as propane.
    (vi) THC results shall be corrected to 3 percent CO2, as 
measured by Method 3C, 40 CFR part 60, Appendix A.
    (vii) Subtraction of methane/ethane from the THC data is not allowed 
in determining results.
    (7) Performance test criteria:
    (i) The control device model tested must meet the criteria in 
paragraphs (g)(7)(i)(A) through (C) of this section:
    (A) Method 22, 40 CFR part 60, Appendix A, results under paragraph 
(g)(5)(v) of this section with no indication of visible emissions, and
    (B) Average Method 25A, 40 CFR part 60, Appendix A, results under 
paragraph (g)(6) of this section equal to or less than 10.0 ppmvw THC as 
propane corrected to 3.0 percent CO2, and
    (C) Average CO emissions determined under paragraph (g)(5)(iv) of 
this section equal to or less than 10 parts ppmvd, corrected to 3.0 
percent CO2.
    (D) Excess combustion air shall be equal to or greater than 150 
percent.
    (ii) The manufacturer shall determine a maximum inlet gas flowrate 
which shall not be exceeded for each control device model to achieve the 
criteria in paragraph (g)(7)(i) of this section.
    (iii) A control device meeting the criteria in paragraph 
(g)(7)(i)(A) through (C) of this section will have demonstrated a 
destruction efficiency of 95.0 percent for HAP regulated under this 
subpart.
    (8) The owner or operator of a combustion control device model 
tested under this section shall submit the information listed in 
paragraphs (g)(8)(i) through (iii) in the test report required under 
Sec.  63.775(d)(1)(iii).
    (i) Full schematic of the control device and dimensions of the 
device components.
    (ii) Design net heating value (minimum and maximum) of the device.
    (iii) Test fuel gas flow range (in both mass and volume). Include 
the minimum and maximum allowable inlet gas flowrate.
    (iv) Air/stream injection/assist ranges, if used.
    (v) The test parameter ranges listed in paragraphs (g)(8)(v)(A) 
through (O) of this section, as applicable for the tested model.
    (A) Fuel gas delivery pressure and temperature.
    (B) Fuel gas moisture range.
    (C) Purge gas usage range.
    (D) Condensate (liquid fuel) separation range.
    (E) Combustion zone temperature range. This is required for all 
devices that measure this parameter.
    (F) Excess combustion air range.
    (G) Flame arrestor(s).
    (H) Burner manifold pressure.
    (I) Pilot flame sensor.
    (J) Pilot flame design fuel and fuel usage.
    (K) Tip velocity range.
    (L) Momentum flux ratio.
    (M) Exit temperature range.
    (N) Exit flowrate.
    (O) Wind velocity and direction.

[[Page 251]]

    (vi) The test report shall include all calibration quality 
assurance/quality control data, calibration gas values, gas cylinder 
certification, and strip charts annotated with test times and 
calibration values.
    (h) Compliance demonstration for combustion control devices--
manufacturers' performance test. This paragraph applies to the 
demonstration of compliance for a combustion control device tested under 
the provisions in paragraph (g) of this section. Owners or operators 
shall demonstrate that a control device achieves the performance 
requirements of Sec.  63.1281(d)(1), (e)(3)(ii) or (f)(1), by installing 
a device tested under paragraph (g) of this section and complying with 
the following criteria:
    (1) The inlet gas flowrate shall meet the range specified by the 
manufacturer. Flowrate shall be calculated as specified in Sec.  
63.1283(d)(3)(i)(H)(1).
    (2) A pilot flame shall be present at all times of operation. The 
pilot flame shall be monitored in accordance with Sec.  
63.1283(d)(3)(i)(H)(2).
    (3) Devices shall be operated with no visible emissions, except for 
periods not to exceed a total of 2 minutes during any hour. A visible 
emissions test using Method 22, 40 CFR part 60, Appendix A, shall be 
performed each calendar quarter. The observation period shall be 1 hour 
and shall be conducted according to EPA Method 22, 40 CFR part 60, 
Appendix A.
    (4) Compliance with the operating parameter limit is achieved when 
the following criteria are met:
    (i) The inlet gas flowrate monitored under paragraph (h)(1) of this 
section is equal to or below the maximum established by the 
manufacturer; and
    (ii) The pilot flame is present at all times; and
    (iii) During the visible emissions test performed under paragraph 
(h)(3) of this section the duration of visible emissions does not exceed 
a total of 2 minutes during the observation period. Devices failing the 
visible emissions test shall follow manufacturers repair instructions, 
if available, or best combustion engineering practice as outlined in the 
unit inspection and maintenance plan, to return the unit to compliant 
operation. All repairs and maintenance activities for each unit shall be 
recorded in a maintenance and repair log and shall be available on site 
for inspection.
    (iv) Following return to operation from maintenance or repair 
activity, each device must pass a Method 22 visual observation as 
described in paragraph (h)(3) of this section.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 
77 FR 49588, Aug. 16, 2012]



Sec.  63.1283  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec.  63.1275.
    (b) The owner or operator of a control device whose model was tested 
under 63.1282(g) shall develop an inspection and maintenance plan for 
each control device. At a minimum, the plan shall contain the control 
device manufacturer's recommendations for ensuring proper operation of 
the device. Semi-annual inspections shall be conducted for each control 
device with maintenance and replacement of control device components 
made in accordance with the plan.
    (c) Closed-vent system inspection and monitoring requirements. (1) 
For each closed-vent system required to comply with this section, the 
owner or operator shall comply with the requirements of paragraphs 
(c)(2) through (7) of this section.
    (2) Except as provided in paragraphs (c)(5) and (6) of this section, 
each closed-vent system shall be inspected according to the procedures 
and schedule specified in paragraphs (c)(2)(i) and (ii) of this section 
and each bypass device shall be inspected according to the procedures of 
(c)(2)(iii) of this section.
    (i) For each closed-vent system joints, seams, or other connections 
that are permanently or semi-permanently sealed (e.g., a welded joint 
between two sections of hard piping or a bolted or gasketed ducting 
flange), the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec.  63.1282(b) to demonstrate that the closed-vent system 
operates with no

[[Page 252]]

detectable emissions. Inspection results shall be submitted with the 
Notification of Compliance Status Report as specified in Sec.  
63.1285(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; or broken or 
missing caps or other closure devices. The owner or operator shall 
monitor a component or connection using the procedures specified in 
Sec.  63.1282(b) to demonstrate that it operates with no detectable 
emissions following any time the component or connection is repaired or 
replaced or the connection is unsealed. Inspection results shall be 
submitted in the Periodic Report as specified in Sec.  
63.1285(e)(2)(iii).
    (ii) For closed-vent system components other than those specified in 
paragraph (c)(2)(i) of this section, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec.  63.1282(b) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as specified 
in Sec.  63.1285(d)(1) or (2).
    (B) Conduct annual inspections according to the procedures specified 
in Sec.  63.1282(b) to demonstrate that the components or connections 
operate with no detectable emissions. Inspection results shall be 
submitted in the Periodic Report as specified in Sec.  
63.1285(e)(2)(iii).
    (C) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork; loose connections; or broken or 
missing caps or other closure devices. Inspection results shall be 
submitted in the Periodic Report as specified in Sec.  
63.1285(e)(2)(iii).
    (iii) For each bypass device, except as provided for in Sec.  
63.1281(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
    (3) In the event that a leak or defect is detected, the owner or 
operator shall repair the leak or defect as soon as practicable, except 
as provided in paragraph (c)(4) of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (4) Delay of repair of a closed-vent system for which leaks or 
defects have been detected is allowed if the repair is technically 
infeasible without a shutdown, as defined in Sec.  63.1271, or if the 
owner or operator determines that emissions resulting from immediate 
repair would be greater than the fugitive emissions likely to result 
from delay of repair. Repair of such equipment shall be completed by the 
end of the next shutdown.
    (5) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(5) (i) and (ii) of this 
section, as unsafe to inspect are exempt from the inspection 
requirements of paragraphs (c)(2) (i) and (ii) of this section if:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraph (c)(2) (i) 
or (ii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (6) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(6) (i) and (ii) of this 
section, as difficult to inspect are exempt from the inspection 
requirements of paragraphs (c)(2) (i) and (ii) of this section if:

[[Page 253]]

    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (7) Records shall be maintained as specified in Sec.  63.1284(b)(5) 
through (8).
    (d) Control device monitoring requirements. (1) For each control 
device except as provided for in paragraph (d)(2) of this section, the 
owner or operator shall install and operate a continuous parameter 
monitoring system in accordance with the requirements of paragraphs 
(d)(3) through (7) of this section. Owners or operators that install and 
operate a flare in accordance with Sec.  63.1281(d)(1)(iii) or 
(f)(1)(iii) are exempt from the requirements of paragraphs (d)(4) and 
(5) of this section. The continuous monitoring system shall be designed 
and operated so that a determination can be made on whether the control 
device is achieving the applicable performance requirements of Sec.  
63.1281(d), (e)(3), or (f)(1). Each continuous parameter monitoring 
system shall meet the following specifications and requirements:
    (i) Each continuous parameter monitoring system shall measure data 
values at least once every hour and record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (ii) A site-specific monitoring plan must be prepared that addresses 
the monitoring system design, data collection, and the quality assurance 
and quality control elements outlined in paragraph (d) of this section 
and in Sec.  63.8(d). Each CPMS must be installed, calibrated, operated, 
and maintained in accordance with the procedures in your approved site-
specific monitoring plan. Using the process described in Sec.  
63.8(f)(4), you may request approval of monitoring system quality 
assurance and quality control procedures alternative to those specified 
in paragraphs (d)(1)(ii)(A) through (E) of this section in your site-
specific monitoring plan.
    (A) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations;
    (B) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements;
    (C) Equipment performance checks, system accuracy audits, or other 
audit procedures;
    (D) Ongoing operation and maintenance procedures in accordance with 
provisions in Sec.  63.8(c)(1) and (c)(3); and
    (E) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (iii) The owner or operator must conduct the CPMS equipment 
performance checks, system accuracy audits, or other audit procedures 
specified in the site-specific monitoring plan at least once every 12 
months.
    (iv) The owner or operator must conduct a performance evaluation of 
each CPMS in accordance with the site-specific monitoring plan.
    (2) An owner or operator is exempted from the monitoring 
requirements specified in paragraphs (d)(3) through (7) of this section 
for the following types of control devices:
    (i) Except for control devices for small glycol dehydration units, a 
boiler or process heater in which all vent streams are introduced with 
the primary fuel or are used as the primary fuel;
    (ii) Except for control devices for small glycol dehydration units, 
a boiler or process heater with a design heat input capacity equal to or 
greater than 44 megawatts.
    (3) The owner or operator shall install, calibrate, operate, and 
maintain a device equipped with a continuous recorder to measure the 
values of operating parameters appropriate for the control device as 
specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of 
this section.

[[Page 254]]

    (i) A continuous monitoring system that measures the following 
operating parameters as applicable:
    (A) For a thermal vapor incinerator that demonstrates during the 
performance test conducted under Sec.  63.1282(d) that combustion zone 
temperature is an accurate indicator of performance, a temperature 
monitoring device equipped with a continuous recorder. The monitoring 
device shall have a minimum accuracy of 2 percent 
of the temperature being monitored in [deg]C, or 2.5 [deg]C, whichever value is greater. The temperature 
sensor shall be installed at a location representative of the combustion 
zone temperature.
    (B) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperatures at two locations and have a minimum accuracy 
of 2 percent of the temperatures being monitored 
in [deg]C, or 2.5 [deg]C, whichever value is 
greater. One temperature sensor shall be installed in the vent stream at 
the nearest feasible point to the catalyst bed inlet and a second 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed outlet.
    (C) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (D) For a boiler or process heater, a temperature monitoring device 
equipped with a continuous recorder. The temperature monitoring device 
shall have a minimum accuracy of 2 percent of the 
temperature being monitored in [deg]C, or 2.5 
[deg]C, whichever value is greater. The temperature sensor shall be 
installed at a location representative of the combustion zone 
temperature.
    (E) For a condenser, a temperature monitoring device equipped with a 
continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature 
being monitored in [deg]C, or 2.5 [deg]C, 
whichever value is greater. The temperature sensor shall be installed at 
a location in the exhaust vent stream from the condenser.
    (F) For a regenerative-type carbon adsorption system:
    (1) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 percent; and
    (2) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
temperature monitoring device shall have a minimum accuracy of 2 percent of the temperature being monitored in [deg]C, 
or 2.5 [deg]C, whichever value is greater.
    (G) For a nonregenerative-type carbon adsorption system, the owner 
or operator shall monitor the design carbon replacement interval 
established using a performance test performed in accordance with Sec.  
63.1282(d)(3) and shall be based on the total carbon working capacity of 
the control device and source operating schedule.
    (H) For a control device whose model is tested under Sec.  
63.1282(g):
    (1) The owner or operator shall determine actual average inlet waste 
gas flowrate using the model GRI-GLYCalc \TM\, Version 3.0 or higher, 
ProMax, or AspenTech HYSYS. Inputs to the models shall be representative 
of actual operating conditions of the controlled unit. The determination 
shall be performed to coincide with the visible emissions test under 
Sec.  63.1282(h)(3);
    (2) A heat sensing monitoring device equipped with a continuous 
recorder that indicates the continuous ignition of the pilot flame.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder. The monitor must meet the requirements of Performance 
Specification 8 or 9 of appendix B of 40 CFR part 60 and must be 
installed, calibrated, and maintained according to the manufacturer's 
specifications.
    (iii) A continuous monitoring system that measures alternative 
operating

[[Page 255]]

parameters other than those specified in paragraph (d)(3)(i) or 
(d)(3)(ii) of this section upon approval of the Administrator as 
specified in Sec.  63.8(f)(1) through (5).
    (4) Using the data recorded by the monitoring system, except for 
inlet gas flowrate, the owner or operator must calculate the daily 
average value for each monitored operating parameter for each operating 
day. If the emissions unit operation is continuous, the operating day is 
a 24-hour period. If the emissions unit operation is not continuous, the 
operating day is the total number of hours of control device operation 
per 24-hour period. Valid data points must be available for 75 percent 
of the operating hours in an operating day to compute the daily average.
    (5) For each operating parameter monitored in accordance with the 
requirements of paragraph (d)(3) of this section, the owner or operator 
shall comply with paragraph (d)(5)(i) of this section for all control 
devices, and when condensers are installed, the owner or operator shall 
also comply with paragraph (d)(5)(ii) of this section for condensers.
    (i) The owner or operator shall establish a minimum operating 
parameter value or a maximum operating parameter value, as appropriate 
for the control device, to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1). 
Each minimum or maximum operating parameter value shall be established 
as follows:
    (A) If the owner or operator conducts performance tests in 
accordance with the requirements of Sec.  63.1282(d)(3) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1), then the 
minimum operating parameter value or the maximum operating parameter 
value shall be established based on values measured during the 
performance test and supplemented, as necessary, by a condenser design 
analysis or control device manufacturer's recommendations or a 
combination of both.
    (B) If the owner or operator uses a condenser design analysis in 
accordance with the requirements of Sec.  63.1282(d)(4) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1), then the 
minimum operating parameter value or the maximum operating parameter 
value shall be established based on the condenser design analysis and 
may be supplemented by the condenser manufacturer's recommendations.
    (C) If the owner or operator operates a control device where the 
performance test requirement was met under Sec.  63.1282(g) to 
demonstrate that the control device achieves the applicable performance 
requirements specified in Sec.  63.1281(d)(1), (e)(3)(ii) or (f)(1), 
then the maximum inlet gas flowrate shall be established based on the 
performance test and supplemented, as necessary, by the manufacturer 
recommendations.
    (ii) The owner or operator shall establish a condenser performance 
curve showing the relationship between condenser outlet temperature and 
condenser control efficiency. The curve shall be established as follows:
    (A) If the owner or operator conducts a performance test in 
accordance with the requirements of Sec.  63.1282(d)(3) to demonstrate 
that the condenser achieves the applicable performance requirements in 
Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1), then the condenser 
performance curve shall be based on values measured during the 
performance test and supplemented as necessary by control device design 
analysis, or control device manufacturer's recommendations, or a 
combination or both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec.  63.1282(d)(4)(i) to 
demonstrate that the condenser achieves the applicable performance 
requirements specified in Sec.  63.1281(d)(1), (e)(3)(ii), or (f)(1), 
then the condenser performance curve shall be based on the condenser 
design analysis and may be supplemented by the control device 
manufacturer's recommendations.
    (C) As an alternative to paragraph (d)(5)(ii)(B) of this section, 
the owner or operator may elect to use the procedures documented in the 
GRI report entitled, ``Atmospheric Rich/Lean

[[Page 256]]

Method for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as 
inputs for the model GRI-GLYCalc \TM\, Version 3.0 or higher, to 
generate a condenser performance curve.
    (6) An excursion for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (d)(6)(i) through 
(d)(6)(v) of this section being met. When multiple operating parameters 
are monitored for the same control device and during the same operating 
day, and more than one of these operating parameters meets an excursion 
criterion specified in paragraphs (d)(6)(i) through (d)(6)(v) of this 
section, then a single excursion is determined to have occurred for the 
control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (d)(5)(i) of this section.
    (ii) For sources meeting Sec.  63.1281(d)(1)(ii), an excursion 
occurs when average condenser efficiency calculated according to the 
requirements specified in Sec.  63.1282(f)(2)(iii) is less than 95.0 
percent, as specified in Sec.  63.1282(f)(3). For sources meeting Sec.  
63.1281(f)(1), an excursion occurs when the 30-day average condenser 
efficiency calculated according to the requirements of Sec.  
63.1282(f)(2)(iii) is less than the identified 30-day required percent 
reduction.
    (iii) An excursion occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.
    (iv) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, an excursion occurs when:
    (A) For each bypass line subject to Sec.  63.1281(c)(3)(i)(A) the 
flow indicator indicates that flow has been detected and that the stream 
has been diverted away from the control device to the atmosphere.
    (B) For each bypass line subject to Sec.  63.1281(c)(3)(i)(B), if 
the seal or closure mechanism has been broken, the bypass line valve 
position has changed, the key for the lock-and-key type lock has been 
checked out, or the car-seal has broken.
    (v) For control device whose model is tested under Sec.  63.1282(g) 
an excursion occurs when:
    (A) The inlet gas flowrate exceeds the maximum established during 
the test conducted under Sec.  63.1282(g).
    (B) Failure of the quarterly visible emissions test conducted under 
Sec.  63.1282(h)(3) occurs.
    (7) For each excursion, the owner or operator shall be deemed to 
have failed to have applied control in a manner that achieves the 
required operating parameter limits. Failure to achieve the required 
operating parameter limits is a violation of this standard.
    (8) [Reserved]
    (9) Nothing in paragraphs (d)(1) through (d)(8) of this section 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of this 
subpart.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34557, June 29, 2001; 
68 FR 37357, June 23, 2003; 71 FR 20459, Apr. 20, 2006; 77 FR 49594, 
Aug. 16, 2012]



Sec.  63.1284  Recordkeeping requirements.

    (a) The recordkeeping provisions of subpart A of this part, that 
apply and those that do not apply to owners and operators of facilities 
subject to this subpart are listed in Table 2 of this subpart.
    (b) Except as specified in paragraphs (c) and (d) of this section, 
each owner or operator of a facility subject to this subpart shall 
maintain the records specified in paragraphs (b)(1) through (b)(10) of 
this section:
    (1) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain files of all information 
(including all reports and notifications) required by this subpart. The 
files shall be retained for at least 5 years following the date of each 
occurrence, measurement, maintenance, corrective action, report or 
period.

[[Page 257]]

    (i) All applicable records shall be maintained in such a manner that 
they can be readily accessed.
    (ii) The most recent 12 months of records shall be retained on site 
or shall be accessible from a central location by computer or other 
means that provides access within 2 hours after a request.
    (iii) The remaining 4 years of records may be retained offsite.
    (iv) Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) Records specified in Sec.  63.10(b)(2);
    (3) Records specified in Sec.  63.10(c) for each monitoring system 
operated by the owner or operator in accordance with the requirements of 
Sec.  63.1283(d). Notwithstanding the previous sentence, monitoring data 
recorded during periods identified in paragraphs (b)(3)(i) through (iv) 
of this section shall not be included in any average or percent leak 
rate computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
control device operation when monitors are not operating or failed to 
collect required data.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) [Reserved]
    (iii) Periods of non-operation resulting in cessation of the 
emissions to which the monitoring applies; and
    (iv) Excursions due to invalid data as defined in Sec.  
63.1283(d)(6)(iii).
    (4) Each owner or operator using a control device to comply with 
Sec.  63.1274 shall keep the following records up-to-date and readily 
accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.1283(d) or specified by the 
Administrator in accordance with Sec.  63.1283(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section shall be maintained in place of continuous 
records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec.  63.1283(d)(4) of this subpart, except as 
specified in paragraphs (b)(4)(ii)(A) through (C) of this section.
    (A) For flares, the records required in paragraph (e) of this 
section.
    (B) For condensers installed to comply with Sec.  63.1275, records 
of the annual 30-day rolling average condenser efficiency determined 
under Sec.  63.1282(f) shall be kept in addition to the daily averages.
    (C) For a control device whose model is tested under Sec.  
63.1282(g), the records required in paragraph (g) of this section.
    (iii) Hourly records of the times and durations of all periods when 
the vent stream is diverted from the control device or the device is not 
operating.
    (iv) Where a seal or closure mechanism is used to comply with Sec.  
63.1281(c)(3)(i)(B), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanism has been done, and shall 
record the duration of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has 
broken.
    (5) Records identifying all parts of the closed-vent system that are 
designated as unsafe to inspect in accordance with Sec.  63.1283(c)(5), 
an explanation of why the equipment is unsafe to inspect, and the plan 
for inspecting the equipment.
    (6) Records identifying all parts of the closed-vent system that are 
designated as difficult to inspect in accordance with Sec.  
63.1283(c)(6), an explanation of why the equipment is difficult to 
inspect, and the plan for inspecting the equipment.
    (7) For each inspection conducted in accordance with Sec.  
63.1283(c), during which a leak or defect is detected, a record of the 
information specified in paragraphs (b)(7)(i) through (b)(7)(viii) of 
this section.
    (i) The instrument identification numbers, operator name or 
initials, and identification of the equipment.
    (ii) The date the leak or defect was detected and the date of the 
first attempt to repair the leak or defect.

[[Page 258]]

    (iii) Maximum instrument reading measured by the method specified in 
Sec.  63.1282(b) after the leak or defect is successfully repaired or 
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak or 
defect is not repaired within 15 calendar days after discovery of the 
leak or defect.
    (v) The name, initials, or other form of identification of the owner 
or operator (or designee) whose decision it was that repair could not be 
effected without a shutdown.
    (vi) The expected date of successful repair of the leak or defect if 
a leak or defect is not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (viii) The date of successful repair of the leak or defect.
    (ix) Records identifying the carbon replacement schedule under Sec.  
63.1281(d)(5) and records of each carbon replacement.
    (8) For each inspection conducted in accordance with Sec.  
63.1283(c) during which no leaks or defects are detected, a record that 
the inspection was performed, the date of the inspection, and a 
statement that no leaks or defects were detected.
    (9) Records of glycol dehydration unit baseline operations 
calculated as required under Sec.  63.1281(e)(1).
    (10) Records required in Sec.  63.1281(e)(3)(i) documenting that the 
facility continues to operate under the conditions specified in Sec.  
63.1281(e)(2).
    (c) An owner or operator that elects to comply with the benzene 
emission limit specified in Sec.  63.1275(b)(1)(ii) shall document, to 
the Administrator's satisfaction, the following items:
    (1) The method used for achieving compliance and the basis for using 
this compliance method; and
    (2) The method used for demonstrating compliance with 0.90 megagrams 
per year of benzene.
    (3) Any information necessary to demonstrate compliance as required 
in the methods specified in paragraphs (c)(1) and (c)(2) of this 
section.
    (d) An owner or operator that is exempt from control requirements 
under Sec.  63.1274(d) shall maintain the records specified in paragraph 
(d)(1) or (d)(2) of this section, as appropriate, for each glycol 
dehydration unit that is not controlled according to the requirements of 
Sec.  63.1274(c).
    (1) The actual annual average natural gas throughput (in terms of 
natural gas flowrate to the glycol dehydration unit per day), as 
determined in accordance with Sec.  63.1282(a)(1); or
    (2) The actual average benzene emissions (in terms of benzene 
emissions per year), as determined in accordance with Sec.  
63.1282(a)(2).
    (e) Record the following when using a flare to comply with Sec.  
63.1281(d):
    (1) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (2) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1282(d)(2); and
    (3) All hourly records and other recorded periods when the pilot 
flame is absent.
    (f) The owner or operator of an affected source subject to this 
subpart shall maintain records of the occurrence and duration of each 
malfunction of operation (i.e., process equipment) or the air pollution 
control equipment and monitoring equipment. The owner or operator shall 
maintain records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.1274(h), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (g) Record the following when using a control device whose model is 
tested under Sec.  63.1282(g) to comply with Sec.  63.1281(d), 
(e)(3)(ii) and (f)(1):
    (1) All visible emission readings and flowrate calculations made 
during the compliance determination required by Sec.  63.1282(h); and
    (2) All hourly records and other recorded periods when the pilot 
flame is absent.
    (h) The date the semi-annual maintenance inspection required under 
Sec.  63.1283(b) is performed. Include a list of any modifications or 
repairs made to

[[Page 259]]

the control device during the inspection and other maintenance performed 
such as cleaning of the fuel nozzles.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001; 
77 FR 49595, Aug. 16, 2012]



Sec.  63.1285  Reporting requirements.

    (a) The reporting provisions of subpart A, of this part that apply 
and those that do not apply to owners and operators of facilities 
subject to this subpart are listed in Table 2 of this subpart.
    (b) Each owner or operator of a facility subject to this subpart 
shall submit the information listed in paragraphs (b)(1) through (b)(6) 
of this section, except as provided in paragraph (b)(7) of this section.
    (1) The initial notifications required for existing affected sources 
under Sec.  63.9(b)(2) shall be submitted as provided in paragraphs 
(b)(1)(i) and (ii) of this section.
    (i) Except as otherwise provided in paragraph (b)(1)(ii) of this 
section, the initial notification shall be submitted by 1 year after an 
affected source becomes subject to the provisions of this subpart or by 
June 17, 2000, whichever is later. Affected sources that are major 
sources on or before June 17, 2000 and plan to be area sources by June 
17, 2002 shall include in this notification a brief, nonbinding 
description of a schedule for the action(s) that are planned to achieve 
area source status.
    (ii) An affected source identified under Sec.  63.1270(d)(3) shall 
submit an initial notification required for existing affected sources 
under Sec.  63.9(b)(2) within 1 year after the affected source becomes 
subject to the provisions of this subpart or by October 15, 2013, 
whichever is later. An affected source identified under Sec.  
63.1270(d)(3) that plans to be an area source by October 15, 2015, shall 
include in this notification a brief, nonbinding description of a 
schedule for the action(s) that are planned to achieve area source 
status.
    (2) The date of the performance evaluation as specified in Sec.  
63.8(e)(2), required only if the owner or operator is requested by the 
Administrator to conduct a performance evaluation for a continuous 
monitoring system. A separate notification of the performance evaluation 
is not required if it is included in the initial notification submitted 
in accordance with paragraph (b)(1) of this section.
    (3) The planned date of a performance test at least 60 days before 
the test in accordance with Sec.  63.7(b). Unless requested by the 
Administrator, a site-specific test plan is not required by this 
subpart. If requested by the Administrator, the owner or operator must 
also submit the site-specific test plan required by Sec.  63.7(c) with 
the notification of the performance test. A separate notification of the 
performance test is not required if it is included in the initial 
notification submitted in accordance with paragraph (b)(1) of this 
section.
    (4) A Notification of Compliance Status Report as described in 
paragraph (d) of this section;
    (5) Periodic Reports as described in paragraph (e) of this section; 
and
    (6) If there was a malfunction during the reporting period, the 
Periodic Report specified in paragraph (e) of this section shall include 
the number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec.  63.1274(h), including actions taken 
to correct a malfunction.
    (7) [Reserved]
    (c) [Reserved]
    (d) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status Report as required under 
Sec.  63.9(h) within 180 days after the compliance date specified in 
Sec.  63.1270(d). In addition to the information required under Sec.  
63.9(h), the Notification of Compliance Status Report shall include the 
information specified in paragraphs (d)(1) through (12) of this section. 
This information may be submitted in an operating permit application, in 
an amendment to an operating permit application, in a separate 
submittal, or in any combination of the three. If all of the information 
required under this

[[Page 260]]

paragraph have been submitted at any time prior to 180 days after the 
applicable compliance dates specified in Sec.  63.1270(d), a separate 
Notification of Compliance Status Report is not required. If an owner or 
operator submits the information specified in paragraphs (d)(1) through 
(12) of this section at different times, and/or different submittals, 
subsequent submittals may refer to previous submittals instead of 
duplicating and resubmitting the previously submitted information.
    (1) If a closed-vent system and a control device other than a flare 
are used to comply with Sec.  63.1274, the owner or operator shall 
submit the information in paragraph (d)(1)(iii) of this section and the 
information in either paragraph (d)(1)(i) or (ii) of this section.
    (i) The condenser design analysis documentation specified in Sec.  
63.1282(d)(4) of this subpart if the owner or operator elects to prepare 
a design analysis; or
    (ii) If the owner or operator is required to conduct a performance 
test, the performance test results including the information specified 
in paragraphs (d)(1)(ii)(A) and (B) of this section. Results of a 
performance test conducted prior to the compliance date of this subpart 
can be used provided that the test was conducted using the methods 
specified in Sec.  63.1282(d)(3), and that the test conditions are 
representative of current operating conditions. If the owner or operator 
operates a combustion control device model tested under Sec.  
63.1282(g), an electronic copy of the performance test results shall be 
submitted via email to [email protected] unless the test results 
for that model of combustion control device are posted at the following 
Web site: epa.gov/airquality/oilandgas/.
    (A) The percent reduction of HAP or TOC, or the outlet concentration 
of HAP or TOC (parts per million by volume on a dry basis), determined 
as specified in Sec.  63.1282(d)(3) of this subpart; and
    (B) The value of the monitored parameters specified in Sec.  
63.1283(d) of this subpart, or a site-specific parameter approved by the 
permitting agency, averaged over the full period of the performance 
test.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec.  63.1283(c)(2)(i) and 
(ii).
    (2) If a closed-vent system and a flare are used to comply with 
Sec.  63.1274, the owner or operator shall submit performance test 
results including the information in paragraphs (d)(2)(i) and (ii) of 
this section. The owner or operator shall also submit the information in 
paragraph (d)(2)(iii) of this section.
    (i) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1282(d)(2) of this 
subpart, and
    (ii) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec.  63.1283(c)(2)(i) and 
(ii).
    (3) The owner or operator shall submit one complete test report for 
each test method used for a particular source.
    (i) For additional tests performed using the same test method, the 
results specified in paragraph (d)(1)(ii) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (4) For each control device other than a flare used to meet the 
requirements of Sec.  63.1274, the owner or operator shall submit the 
information specified in paragraphs (d)(4)(i) through (iv) of this 
section for each operating parameter required to be monitored in 
accordance with the requirements of Sec.  63.1283(d).

[[Page 261]]

    (i) The minimum operating parameter value or maximum operating 
parameter value, as appropriate for the control device, established by 
the owner or operator to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec.  63.1281(d)(1) or (e)(3)(ii).
    (ii) An explanation of the rationale for why the owner or operator 
selected each of the operating parameter values established in Sec.  
63.1283(d)(5) of this subpart. This explanation shall include any data 
and calculations used to develop the value, and a description of why the 
chosen value indicates that the control device is operating in 
accordance with the applicable requirements of Sec.  63.1281(d)(1), 
(e)(3)(ii), or (f)(1).
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (iv) For each carbon adsorber, the predetermined carbon replacement 
schedule as required in Sec.  63.1281(d)(5)(i).
    (5) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
Report.
    (6) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this subpart. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this subpart, the owner or operator of such source shall 
submit the notification of compliance status to the appropriate 
permitting authority following completion of the relevant compliance 
demonstration activity specified in this subpart.
    (7) The owner or operator that elects to comply with the 
requirements of Sec.  63.1275(b)(1)(ii) shall submit the records 
required under Sec.  63.1284(c).
    (8) The owner or operator shall submit an analysis demonstrating 
whether an affected source is a major source using the maximum 
throughput calculated according to Sec.  63.1270(a).
    (9) The owner or operator shall submit a statement as to whether the 
source has complied with the requirements of this subpart.
    (10) The owner or operator shall submit the analysis prepared under 
Sec.  63.1281(e)(2) to demonstrate that the conditions by which the 
facility will be operated to achieve the HAP emission reduction of 95.0 
percent, or the BTEX limit in Sec.  63.1275(b)(1)(iii) through process 
modifications or a combination of process modifications and one or more 
control devices.
    (11) If the owner or operator installs a combustion control device 
model tested under the procedures in Sec.  63.1282(g), the data listed 
under Sec.  63.1282(g)(8).
    (12) For each combustion control device model tested under Sec.  
63.1282(g), the information listed in paragraphs (d)(12)(i) through (vi) 
of this section.
    (i) Name, address and telephone number of the control device 
manufacturer.
    (ii) Control device model number.
    (iii) Control device serial number.
    (iv) Date the model of control device was tested by the 
manufacturer.
    (v) Manufacturer's HAP destruction efficiency rating.
    (vi) Control device operating parameters, maximum allowable inlet 
gas flowrate.
    (e) Periodic Reports. An owner or operator shall prepare Periodic 
Reports in accordance with paragraphs (e)(1) and (2) of this section and 
submit them to the Administrator.
    (1) An owner or operator shall submit Periodic Reports semiannually 
beginning 60 calendar days after the end of the applicable reporting 
period. The first report shall be submitted no later than 240 days after 
the date the Notification of Compliance Status Report is due and shall 
cover the 6-month period beginning on the date the Notification of 
Compliance Status Report is due.
    (2) The owner or operator shall include the information specified in 
paragraphs (e)(2)(i) through (xiii) of this section, as applicable.
    (i) The information required under Sec.  63.10(e)(3). For the 
purposes of this subpart and the information required

[[Page 262]]

under Sec.  63.10(e)(3), excursions (as defined in Sec.  63.1283(d)(6)) 
shall be considered excess emissions.
    (ii) A description of all excursions as defined in Sec.  
63.1283(d)(6) of this subpart that have occurred during the 6-month 
reporting period.
    (A) For each excursion caused when the daily average value of a 
monitored operating parameter is less than the minimum operating 
parameter limit (or, if applicable, greater than the maximum operating 
parameter limit), as specified in Sec.  63.1283(d)(6)(i), the report 
must include the daily average values of the monitored parameter, the 
applicable operating parameter limit, and the date and duration of the 
period that the excursion occurred.
    (B) For each excursion caused when the 30-day average condenser 
control efficiency is less than the value, as specified in Sec.  
63.1283(d)(6)(ii), the report must include the 30-day average values of 
the condenser control efficiency, and the date and duration of the 
period that the excursion occurred.
    (C) For each excursion caused by lack of monitoring data, as 
specified in Sec.  63.1283(d)(6)(iii), the report must include the date 
and duration of period when the monitoring data were not collected and 
the reason why the data were not collected.
    (D) For each excursion caused when the maximum inlet gas flowrate 
identified under Sec.  63.1282(g) is exceeded, the report must include 
the values of the inlet gas identified and the date and duration of the 
period that the excursion occurred.
    (E) For each excursion caused when visible emissions determined 
under Sec.  63.1282(h) exceed the maximum allowable duration, the report 
must include the date and duration of the period that the excursion 
occurred, repairs affected to the unit, and date the unit was returned 
to service.
    (iii) For each inspection conducted in accordance with Sec.  
63.1283(c) during which a leak or defect is detected, the records 
specified in Sec.  63.1284(b)(7) must be included in the next Periodic 
Report.
    (iv) For each closed-vent system with a bypass line subject to Sec.  
63.1281(c)(3)(i)(A), records required under Sec.  63.1284(b)(4)(iii) of 
all periods when the vent stream is diverted from the control device 
through a bypass line. For each closed-vent system with a bypass line 
subject to Sec.  63.1281(c)(3)(i)(B), records required under Sec.  
63.1284(b)(4)(iv) of all periods in which the seal or closure mechanism 
is broken, the bypass valve position has changed, or the key to unlock 
the bypass line valve was checked out.
    (v) If an owner or operator elects to comply with Sec.  
63.1275(b)(1)(ii), the records required under Sec.  63.1284(c)(3).
    (vi) The information in paragraphs (e)(2)(vi)(A) and (B) of this 
section shall be stated in the Periodic Report, when applicable.
    (A) No excursions.
    (B) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (vii) Any change in compliance methods as specified in Sec.  
63.1282(e).
    (viii) If the owner or operator elects to comply with Sec.  
63.1275(c)(2), the records required under Sec.  63.1284(b)(10).
    (ix) For flares, the records specified in Sec.  63.1284(e).
    (x) The results of any periodic test as required in Sec.  
63.1282(d)(3) conducted during the reporting period.
    (xi) For each carbon adsorber used to meet the control device 
requirements of Sec.  63.1281(d)(1), records of each carbon replacement 
that occurred during the reporting period.
    (xii) For combustion control device inspections conducted in 
accordance with Sec.  63.1283(b) the records specified in Sec.  
63.1284(h).
    (xiii) Certification by a responsible official of truth, accuracy, 
and completeness. This certification shall state that, based on 
information and belief formed after reasonable inquiry, the statements 
and information in the document are true, accurate, and complete.
    (f) Notification of process change. Whenever a process change is 
made, or a change in any of the information submitted in the 
Notification of Compliance Status Report, the owner or operator shall 
submit a report within 180 days after the process change is made or as a 
part of the next Periodic Report as required under paragraph (e) of this 
section, whichever is sooner. The report shall include:

[[Page 263]]

    (1) A brief description of the process change;
    (2) A description of any modification to standard procedures or 
quality assurance procedures;
    (3) Revisions to any of the information reported in the original 
Notification of Compliance Status Report under paragraph (d) of this 
section; and
    (4) Information required by the Notification of Compliance Status 
Report under paragraph (d) of this section for changes involving the 
addition of processes or equipment.
    (g) Electronic reporting. (1) Within 60 days after the date of 
completing each performance test (defined in Sec.  63.2) as required by 
this subpart you must submit the results of the performance tests 
required by this subpart to EPA's WebFIRE database by using the 
Compliance and Emissions Data Reporting Interface (CEDRI) that is 
accessed through EPA's Central Data Exchange (CDX)(www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of EPA's Electronic Reporting Tool (ERT) (see http://
www.epa.gov/ttn/chief/ert/index.html). Only data collected using test 
methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance tests 
is confidential business information (CBI) must submit a complete ERT 
file including information claimed to be CBI on a compact disk or other 
commonly used electronic storage media (including, but not limited to, 
flash drives) to EPA. The electronic media must be clearly marked as CBI 
and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT file with the CBI omitted must be submitted to EPA via CDX as 
described earlier in this paragraph. At the discretion of the delegated 
authority, you must also submit these reports, including the 
confidential business information, to the delegated authority in the 
format specified by the delegated authority.
    (2) All reports required by this subpart not subject to the 
requirements in paragraph (g)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. The 
Administrator or the delegated authority may request a report in any 
form suitable for the specific case (e.g., by commonly used electronic 
media such as Excel spreadsheet, on CD or hard copy). The Administrator 
retains the right to require submittal of reports subject to paragraph 
(g)(1) of this section in paper format.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001; 
77 FR 49596, Aug. 16, 2012]



Sec.  63.1286  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1270, 63.1274 through 63.1275, 63.1281, and 63.1287.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37357, June 23, 2003]

[[Page 264]]



Sec.  63.1287  Alternative means of emission limitation.

    (a) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in HAP emissions at 
least equivalent to the reduction in HAP emissions from that source 
achieved under the applicable requirements in Sec. Sec.  63.1274 through 
63.1281, the Administrator will publish a notice in the Federal Register 
permitting the use of the alternative means for purposes of compliance 
with that requirement. The notice may condition the permission on 
requirements related to the operation and maintenance of the alternative 
means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that this means achieves equivalent 
emission reductions.

[64 FR 32648, June 17, 1999, as amended at 77 FR 49597, Aug. 16, 2012]



Sec. Sec.  63.1288-63.1289  [Reserved]



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

------------------------------------------------------------------------
             CAS Number \a\                       Chemical name
------------------------------------------------------------------------
75070..................................  Acetaldehyde
71432..................................  Benzene (includes benzene in
                                          gasoline)
75150..................................  Carbon disulfide
463581.................................  Carbonyl sulfide
100414.................................  Ethyl benzene
107211.................................  Ethylene glycol
75050..................................  Acetaldehyde
50000..................................  Formaldehyde
110543.................................  n-Hexane
91203..................................  Naphthalene
108883.................................  Toluene
540841.................................  2,2,4-Trimethylpentane
1330207................................  Xylenes (isomers and mixture)
95476..................................  o-Xylene
108383.................................  m-Xylene
106423.................................  p-Xylene
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.

  Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR 
                Part 63 General Provisions to Subpart HHH

------------------------------------------------------------------------
                                  Applicable to
General provisions reference       subpart HHH           Explanation
------------------------------------------------------------------------
Sec.   63.1(a)(1)...........  Yes.
Sec.   63.1(a)(2)...........  Yes.
Sec.   63.1(a)(3)...........  Yes.
Sec.   63.1(a)(4)...........  Yes.
Sec.   63.1(a)(5)...........  No..................  Section reserved.
Sec.   63.1(a)(6) through     Yes.
 (a)(8).
Sec.   63.1(a)(9)...........  No..................  Section reserved.
Sec.   63.1(a)(10)..........  Yes.
Sec.   63.1(a)(11)..........  Yes.
Sec.   63.1(a)(12)..........  Yes.
Sec.   63.1(b)(1)...........  No..................  Subpart HHH
                                                     specifies
                                                     applicability.
Sec.   63.1(b)(2)...........  Yes.
Sec.   63.1(b)(3)...........  No.
Sec.   63.1(c)(1)...........  No..................  Subpart HHH
                                                     specifies
                                                     applicability.
Sec.   63.1(c)(2)...........  No.
Sec.   63.1(c)(3)...........  No..................  Section reserved.
Sec.   63.1(c)(4)...........  Yes.
Sec.   63.1(c)(5)...........  Yes.
Sec.   63.1(c)(6)...........  Yes.................
Sec.   63.1(d)..............  No..................  Section reserved.
Sec.   63.1(e)..............  Yes.
Sec.   63.2.................  Yes.................  Except definition of
                                                     major source is
                                                     unique for this
                                                     source category and
                                                     there are
                                                     additional
                                                     definitions in
                                                     subpart HHH.
Sec.   63.3(a) through (c)..  Yes.
Sec.   63.4(a)(1)...........  Yes.................
Sec.   63.4(a)(2)...........  Yes.................
Sec.   63.4(a)(3)...........  No..................  Section reserved.
Sec.   63.4(a)(4)...........  No..................  Section reserved.
Sec.   63.4(a)(5)...........  No..................  Section reserved.
Sec.   63.4(b)..............  Yes.

[[Page 265]]

 
Sec.   63.4(c)..............  Yes.
Sec.   63.5(a)(1)...........  Yes.
Sec.   63.5(a)(2)...........  No..................  Preconstruction
                                                     review required
                                                     only for major
                                                     sources that
                                                     commence
                                                     construction after
                                                     promulgation of the
                                                     standard.
Sec.   63.5(b)(1)...........  Yes.
Sec.   63.5(b)(2)...........  No..................  Section reserved.
Sec.   63.5(b)(3)...........  Yes.
Sec.   63.5(b)(4)...........  Yes.
Sec.   63.5(b)(5)...........  No..................  Section reserved.
Sec.   63.5(b)(6)...........  Yes.
Sec.   63.5(c)..............  No..................  Section reserved.
Sec.   63.5(d)(1)...........  Yes.
Sec.   63.5(d)(2)...........  Yes.
Sec.   63.5(d)(3)...........  Yes.
Sec.   63.5(d)(4)...........  Yes.
Sec.   63.5(e)..............  Yes.
Sec.   63.5(f)(1)...........  Yes.
Sec.   63.5(f)(2)...........  Yes.
Sec.   63.6(a)..............  Yes.
Sec.   63.6(b)(1)...........  Yes.
Sec.   63.6(b)(2)...........  Yes.
Sec.   63.6(b)(3)...........  Yes.
Sec.   63.6(b)(4)...........  Yes.
Sec.   63.6(b)(5)...........  Yes.
Sec.   63.6(b)(6)...........  No..................  Section reserved.
Sec.   63.6(b)(7)...........  Yes.
Sec.   63.6(c)(1)...........  Yes.
Sec.   63.6(c)(2)...........  Yes.
Sec.   63.6(c)(3) and (c)(4)  No..................  Section reserved.
Sec.   63.6(c)(5)...........  Yes.
Sec.   63.6(d)..............  No..................  Section reserved.
Sec.   63.6(e)..............  Yes.
Sec.   63.6(e)..............  Yes.................  Except as otherwise
                                                     specified.
Sec.   63.6(e)(1)(i)........  No..................  See Sec.
                                                     63.1274(h) for
                                                     general duty
                                                     requirement.
Sec.   63.6(e)(1)(ii).......  No.
Sec.   63.6(e)(1)(iii)......  Yes.
Sec.   63.6(e)(2)...........  No..................  Section reserved.
Sec.   63.6(e)(3)...........  No.
Sec.   63.6(f)(1)...........  No.
Sec.   63.6(f)(2)...........  Yes.
Sec.   63.6(f)(3)...........  Yes.
Sec.   63.6(g)..............  Yes.
Sec.   63.6(h)(1)...........  No.
Sec.   63.6(h)(2)...........  Yes.
Sec.   63.6(h)(3)...........  No..................  Section reserved.
Sec.   63.6(h)(4) through     Yes.
 (h)(9).
Sec.   63.6(i)(1) through     Yes.
 (i)(14).
Sec.   63.6(i)(15)..........  No..................  Section reserved.
Sec.   63.6(i)(16)..........  Yes.
Sec.   63.6(j)..............  Yes.
Sec.   63.7(a)(1)...........  Yes.
Sec.   63.7(a)(2)...........  Yes.................  But the performance
                                                     test results must
                                                     be submitted within
                                                     180 days after the
                                                     compliance date.
Sec.   63.7(a)(3)...........  Yes.
Sec.   63.7(a)(4)...........  Yes.
Sec.   63.7(b)..............  Yes.
Sec.   63.7(c)..............  Yes.
Sec.   63.7(d)..............  Yes.
Sec.   63.7(e)(1)...........  No.
Sec.   63.7(e)(2)...........  Yes.
Sec.   63.7(e)(3)...........  Yes.
Sec.   63.7(e)(4)...........  Yes.
Sec.   63.7(f)..............  Yes.
Sec.   63.7(g)..............  Yes.
Sec.   63.7(h)..............  Yes.
Sec.   63.8(a)(1)...........  Yes.
Sec.   63.8(a)(2)...........  Yes.
Sec.   63.8(a)(3)...........  No..................  Section reserved.
Sec.   63.8(a)(4)...........  Yes.
Sec.   63.8(b)(1)...........  Yes.
Sec.   63.8(b)(2)...........  Yes.
Sec.   63.8(b)(3)...........  Yes.
Sec.   63.8(c)(1)...........  Yes.

[[Page 266]]

 
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)...........  No.
Sec.   63.8(c)(5) through     Yes.
 (c)(8).
Sec.   63.8(d)(1)...........  Yes.
Sec.   63.8(d)(2)...........  Yes.
Sec.   63.8(d)(3)...........  Yes.................  Except for last
                                                     sentence, which
                                                     refers to an SSM
                                                     plan. SSM plans are
                                                     not required.
Sec.   63.8(e)..............  Yes.................  Subpart HHH does not
                                                     specifically
                                                     require continuous
                                                     emissions monitor
                                                     performance
                                                     evaluations,
                                                     however, the
                                                     Administrator can
                                                     request that one be
                                                     conducted.
Sec.   63.8(f)(1) through     Yes.
 (f)(5).
Sec.   63.8(f)(6)...........  No..................  Subpart HHH does not
                                                     require continuous
                                                     emissions
                                                     monitoring.
Sec.   63.8(g)..............  No..................  Subpart HHH
                                                     specifies
                                                     continuous
                                                     monitoring system
                                                     data reduction
                                                     requirements.
Sec.   63.9(a)..............  Yes.
Sec.   63.9(b)(1)...........  Yes.
Sec.   63.9(b)(2)...........  Yes.................  Existing sources are
                                                     given 1 year
                                                     (rather than 120
                                                     days) to submit
                                                     this notification.
Sec.   63.9(b)(3)...........  No..................  Section reserved.
Sec.   63.9(b)(4)...........  Yes.
Sec.   63.9(b)(5)...........  Yes.
Sec.   63.9(c)..............  Yes.
Sec.   63.9(d)..............  Yes.
Sec.   63.9(e)..............  Yes.
Sec.   63.9(f)..............  Yes.
Sec.   63.9(g)..............  Yes.
Sec.   63.9(h)(1) through     Yes.
 (h)(3).
Sec.   63.9(h)(4)...........  No..................  Section reserved.
Sec.   63.9(h)(5) and (h)(6)  Yes.
Sec.   63.9(i)..............  Yes.
Sec.   63.9(j)..............  Yes.
Sec.   63.9(k)..............  Yes.................  Only as specified in
                                                     Sec.   63.9(j).
Sec.   63.10(a).............  Yes.
Sec.   63.10(b)(1)..........  Yes.................  Section
                                                     63.1284(b)(1)
                                                     requires sources to
                                                     maintain the most
                                                     recent 12 months of
                                                     data on-site and
                                                     allows offsite
                                                     storage for the
                                                     remaining 4 years
                                                     of data.
Sec.   63.10(b)(2)..........  Yes.
Sec.   63.10(b)(2)(i).......  No.
Sec.   63.10(b)(2)(ii)......  No..................  See Sec.
                                                     63.1284(f) for
                                                     recordkeeping of
                                                     (1) occurrence and
                                                     duration and (2)
                                                     actions taken
                                                     during malfunction.
Sec.   63.10(b)(2)(iii).....  Yes.
Sec.   63.10(b)(2)(iv)        No.
 through (b)(2)(v).
Sec.   63.10(b)(2)(vi)        Yes.
 through (b)(2)(xiv).
Sec.   63.10(b)(3)..........  No.
Sec.   63.10(c)(1)..........  Yes.
Sec.   63.10(c)(2) through    No..................  Sections reserved.
 (c)(4).
Sec.   63.10(c)(5) through    Yes.
 (c)(8).
Sec.   63.10(c)(9)..........  No..................  Section reserved.
Sec.   63.10(c)(10) through   No..................  See Sec.
 (c)(11).                                            63.1284(f) for
                                                     recordkeeping of
                                                     malfunctions.
Sec.   63.10(c)(12) through   Yes.
 (c)(14).
Sec.   63.10(c)(15).........  No.
Sec.   63.10(d)(1)..........  Yes.
Sec.   63.10(d)(2)..........  Yes.
Sec.   63.10(d)(3)..........  Yes.
Sec.   63.10(d)(4)..........  Yes.
Sec.   63.10(d)(5)..........  No..................  See Sec.
                                                     63.1285(b)(6) for
                                                     reporting of
                                                     malfunctions.
Sec.   63.10(e)(1)..........  Yes.
Sec.   63.10(e)(2)..........  Yes.
Sec.   63.10(e)(3)(i).......  Yes.................  Subpart HHH requires
                                                     major sources to
                                                     submit Periodic
                                                     Reports semi-
                                                     annually.
Sec.   63.10(e)(3)(i)(A)....  Yes.
Sec.   63.10(e)(3)(i)(B)....  Yes.
Sec.   63.10(e)(3)(i)(C)....  No..................  Section reserved.
Sec.   63.10(e)(3)(i)(D)....  Yes.
Sec.   63.10(e)(3)(ii)        Yes.
 through (e)(3)(viii).
Sec.   63.10(f).............  Yes.
Sec.   63.11(a) through (e).  Yes.
Sec.   63.12(a) through (c).  Yes.

[[Page 267]]

 
Sec.   63.13(a) through (c).  Yes.
Sec.   63.14(a) through (q).  Yes.
Sec.   63.15(a) and (b).....  Yes.                  ....................
------------------------------------------------------------------------


[77 FR 49597, Aug. 16, 2012, as amended at 85 FR 73898, Nov. 19, 2020]



Subpart III_National Emission Standards for Hazardous Air Pollutants for 
                  Flexible Polyurethane Foam Production

    Source: 63 FR 53996, Oct. 7, 1998, unless otherwise noted.



Sec.  63.1290  Applicability.

    (a) The provisions of this subpart apply to each new and existing 
flexible polyurethane foam or rebond foam process that meets the 
criteria listed in paragraphs (a)(1) through (3) of this section.
    (1) Produces flexible polyurethane or rebond foam;
    (2) Emits a HAP, except as provided in paragraph (c)(2) of this 
section; and
    (3) Is located at a plant site that is a major source, as defined in 
Sec.  63.2 of subpart A.
    (b) For the purpose of this subpart, an affected source includes all 
processes meeting the criteria in paragraphs (a)(1) through (a)(3) of 
this section that are located at a contiguous plant site, with the 
exception of those processes listed in paragraph (c) of this section.
    (c) A process meeting one of the following criteria listed in 
paragraphs (c)(1) and (2) of this section shall not be subject to the 
provisions of this subpart:
    (1) A process exclusively dedicated to the fabrication of flexible 
polyurethane foam; or
    (2) A research and development process.
    (d) Applicability of this subpart. (1) The emission limitations set 
forth in this subpart and the emission limitations referred to in this 
subpart shall apply at all times except during periods of non-operation 
of the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies.
    (2) Equipment leak requirements of Sec.  63.1294 shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) in which the lines are drained and 
depressurized resulting in cessation of the emissions to which the 
equipment leak requirements apply.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions are being routed to such items of equipment if the 
shutdown would contravene requirements of this subpart applicable to 
such items of equipment.
    (4) General duty. At all times, the owner or operator shall operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator, which may include, but is not limited 
to, monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48086, Aug. 15, 2014]



Sec.  63.1291  Compliance schedule.

    (a) Existing affected sources shall be in compliance with all 
provisions of this subpart no later than October 8, 2001, with the 
exception of Sec.  63.1297. Affected sources subject to the requirements 
of Sec.  63.1297 shall be in compliance

[[Page 268]]

with the requirements of this section on or before November 13, 2014.
    (b) New or reconstructed affected sources shall be in compliance 
with all provisions of this subpart upon initial startup.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]



Sec.  63.1292  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart A of this part, and in this section. If a term is 
defined in subpart A and in this section, it shall have the meaning 
given in this section for purposes of this subpart.
    Auxiliary blowing agent, or ABA, means a low-boiling point liquid 
added to assist foaming by generating gas beyond that resulting from the 
isocyanate-water reaction.
    Breakthrough means that point in the adsorption step when the mass 
transfer zone (i.e., the section of the carbon bed where the HAP is 
removed from the carrier gas stream) first reaches the carbon bed outlet 
as the mass transfer zone moves down the bed in the direction of flow. 
The breakthrough point is characterized by the beginning of a sharp 
increase in the outlet HAP or organic compound concentration.
    Calibrate means to verify the accuracy of a measurement device 
against a known standard. For the purpose of this subpart, there are two 
levels of calibration. The initial calibration includes the verification 
of the accuracy of the device over the entire operating range of the 
device. Subsequent calibrations can be conducted for a point or several 
points in a limited range of operation that represents the most common 
operation of the device.
    Canned motor pump means a pump with interconnected cavity housings, 
motor rotors, and pump casing. In a canned motor pump, the motor 
bearings run in the process liquid and all seals are eliminated.
    Carbon adsorption system means a system consisting of a tank or 
container that contains a specific quantity of activated carbon. For the 
purposes of this subaprt, a carbon adsorption system is used as a 
control device for storage vessels. Typically, the spent carbon bed does 
not undergo regeneration, but is replaced.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered to be connectors for 
the purposes of this subpart.
    Cured foam means flexible polyurethane foam with fully developed 
physical properties. A period of 12 to 24 hours from pour is typically 
required to completely cure foam, although mechanical or other devices 
are sometimes used to accelerate the curing process.
    Curing area means the area in a slabstock foam production facility 
where foam buns are allowed to fully develop physical properties.
    Diaphragm pump means a pump where the driving member is a flexible 
diaphragm made of metal, rubber, or plastic. In a diaphragm pump, there 
is no packing or seals that are exposed to the process liquid.
    Diisocyanate means a compound containing two isocyanate groups per 
molecule. The most common diisocyanate compounds used in the flexible 
polyurethane foam industry are toluene diisocyanate (TDI) and methylene 
diphenyl diisocyanate (MDI).
    Flexible polyurethane foam means a flexible cellular polymer 
containing urea and carbamate linkages in the chain backbone produced by 
reacting a diisocyanate, polyol, and water. Flexible polyurethane foams 
are open-celled, permit the passage of air through the foam, and possess 
the strength and flexibility to allow repeated distortion or compression 
under stress with essentially complete recovery upon removal of the 
stress.
    Flexible polyurethane foam process means the equipment used to 
produce a flexible polyurethane foam product. For the purpose of this 
subpart, the flexible polyurethane foam process includes raw material 
storage; production equipment and associated piping, ductwork, etc.; and 
curing and storage areas.
    Foam fabrication process means an operation for cutting or bonding 
flexible

[[Page 269]]

polyurethane foam pieces together or to other substrates.
    Grade of foam means foam with a distinct combination of indentation 
force deflection (IFD) and density values.
    HAP ABA means methylene chloride, or any other HAP compound used as 
an auxiliary blowing agent.
    HAP-based means to contain 5 percent (by weight) or more of HAP. 
This applies to equipment cleaners, mixhead flushes, mold release agents 
and ABA.
    In diisocyanate service means a piece of equipment that contains or 
contacts a diisocyanate.
    Initial startup means the first time a new or reconstructed affected 
source begins production of flexible polyurethane foam.
    Isocyanate means a reactive chemical grouping composed of a nitrogen 
atom bonded to a carbon atom bonded to an oxygen atom; or a chemical 
compound, usually organic, containing one or more isocyanate groups.
    Magnetic drive pump means a pump where an externally-mounted magnet 
coupled to the pump motor drives the impeller in the pump casing. In a 
magnetic drive pump, no seals contact the process fluid.
    Metering pump means a pump used to deliver reactants, ABA, or 
additives to the mixhead.
    Mixhead means a device that mixes two or more component streams 
before dispensing foam producing mixture to the desired container.
    Molded flexible polyurethane foam means a flexible polyurethane foam 
that is produced by shooting the foam mixture into a mold of the desired 
shape and size.
    Mold release agent means any material which, when applied to the 
mold surface, serves to prevent sticking of the foam part to the mold.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or otherwise operated by the same entity, parent 
entity, subsidiary, or any combination thereof.
    Polyol, for the purpose of this subpart, means a polyether or 
polyester polymer with more than one reactive hydroxyl group attached to 
the molecule.
    Rebond foam means the foam resulting from a process of adhering 
small particles of foam (usually scrap or recycled foam) together to 
make a usable cushioning product. Various adhesives and bonding 
processes are used. A typical application for rebond foam is for carpet 
underlay.
    Rebond foam process means the equipment used to produce a rebond 
foam product. For the purpose of this subpart, the rebond foam process 
includes raw material storage; production equipment and associated 
piping, ductwork, etc.; and curing and storage areas.
    Reconstructed source means an affected source undergoing 
reconstruction, as defined in subpart A of this part. For the purposes 
of this subpart, process modifications made to stop using HAP ABA or 
HAP-based ABA to meet the requirements of this subpart shall not be 
counted in determining whether or not a change or replacement meets the 
definition of reconstruction.
    Research and development process means a laboratory or pilot plant 
operation whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and which is not 
engaged in the manufacture of products for commercial sale except in a 
de minimis manner.
    Sealless pump means a canned-motor pump, diaphragm pump, or magnetic 
drive pump, as defined in this section.
    Slabstock flexible polyurethane foam means flexible polyurethane 
foam that is produced in large continuous buns that are then cut into 
the desired size and shape.
    Slabstock flexible polyurethane foam production line includes all 
portions of the flexible polyurethane foam process from the mixhead to 
the point in the process where the foam is completely cured.
    Storage vessel means a tank or other vessel that is used to store 
diisocyanates for use in the production of flexible polyurethane foam. 
Storage

[[Page 270]]

vessels do not include vessels with capacities smaller than 38 cubic 
meters (or 10,000 gallons).
    Transfer pump means all pumps used to transport diisocyanates that 
are not metering pumps.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]



Sec.  63.1293  Standards for slabstock flexible polyurethane foam production.

    Each owner or operator of a new or existing slabstock affected 
source shall comply with Sec. Sec.  63.1294, 63.1297, and 63.1298.

[79 FR 48087, Aug. 15, 2014]



Sec.  63.1294  Standards for slabstock flexible polyurethane foam 
production--diisocyanate emissions.

    Each new and existing slabstock affected source shall comply with 
the provisions of this section.
    (a) Diisocyanate storage vessels. Diisocyanate storage vessels shall 
be equipped with either a system meeting the requirements in paragraph 
(a)(1) of this section, or a carbon adsorption system meeting the 
requirements of paragraph (a)(2) of this section.
    (1) The storage vessel shall be equipped with a vapor return line 
from the storage vessel to the tank truck or rail car that is connected 
during unloading.
    (i) During each unloading event, the vapor return line shall be 
inspected for leaks by visual, audible, or an instrumental detection 
method.
    (ii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than the subsequent unloading event.
    (2) The storage vessel shall be equipped with a carbon adsorption 
system, meeting the monitoring requirements of Sec.  63.1303(a), that 
routes displaced vapors through activated carbon before being discharged 
to the atmosphere. The owner or operator shall replace the existing 
carbon with fresh carbon upon indication of breakthrough before the next 
unloading event.
    (b) Transfer pumps in diisocyanate service. Each transfer pump in 
diisocyanate service shall meet the requirements of paragraph (b)(1) or 
(b)(2) of this section.
    (1) The pump shall be a sealless pump; or
    (2) The pump shall be a submerged pump system meeting the 
requirements in paragraphs (b)(2)(i) through (iii) of this section.
    (i) The pump shall be completely immersed in bis(2-
ethylhexyl)phthalate (DEHP, CAS 118-81-7), 2(methyloctyl)phthalate 
(DINP, CAS 68515-48-0), or another neutral oil.
    (ii) The pump shall be visually monitored weekly to detect leaks,
    (iii) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (b)(2)(iii)(A) and (B) of this 
section, except as provided in paragraph (d) of this section.
    (A) The leak shall be repaired as soon as practicable, but not later 
than 15 calendar days after it is detected.
    (B) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected. First attempts at repair include, but 
are not limited to, the following practices where practicable:
    (1) Tightening of packing gland nuts.
    (2) Ensuring that the seal flush is operating at design pressure and 
temperature.
    (c) Other components in diisocyanate service. If evidence of a leak 
is found by visual, audible, or an instrumental detection method, it 
shall be repaired as soon as practicable, but not later than 15 calendar 
days after it is detected, except as provided in paragraph (d) of this 
section. The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) Delay of repair. (1) Delay of repair of equipment for which 
leaks have been detected is allowed for equipment that is isolated from 
the process and that does not remain in diisocyanate service.
    (2) Delay of repair for valves and connectors is also allowed if:
    (i) The owner or operator determines that diisocyanate emissions of 
purged material resulting from immediate repair are greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) The purged material is collected and destroyed or recovered in 
a control device when repair procedures are effected, and

[[Page 271]]

    (iii) Repair is completed as soon as practicable, but not later than 
6 months after the leak was detected.
    (3) Delay of repair for pumps is also allowed if repair requires 
replacing the existing seal design with a sealless pump, and repair is 
completed as soon as practicable, but not later than 6 months after the 
leak was detected.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]



Sec. Sec.  63.1295-63.1296  [Reserved]



Sec.  63.1297  Standards for slabstock flexible polyurethane foam 
production--HAP ABA.

    Each owner or operator of a new or existing slabstock affected 
source shall not use HAP or a HAP-based material as an ABA.

[79 FR 48087, Aug. 15, 2014]



Sec.  63.1298  Standards for slabstock flexible polyurethane foam 
production--HAP emissions from equipment cleaning.

    Each owner or operator of a new or existing slabstock affected 
source shall not use HAP or a HAP-based material as an equipment 
cleaner.

[79 FR 48087, Aug. 15, 2014]



Sec.  63.1299  [Reserved]



Sec.  63.1300  Standards for molded flexible polyurethane foam production.

    Each owner or operator of a new or existing molded affected source 
shall comply with the provisions in paragraphs (a) and (b) of this 
section.
    (a) A HAP or HAP-based material shall not be used as an equipment 
cleaner to flush the mixhead, nor shall it be used elsewhere as an 
equipment cleaner in a molded flexible polyurethane foam process, with 
the following exception. Diisocyanates may be used to flush the mixhead 
and associated piping during periods of startup or maintenance, provided 
that the diisocyanate compounds are contained in a closed-loop system 
and are re-used in production.
    (b) A HAP-based mold release agent shall not be used in a molded 
flexible polyurethane foam source process.



Sec.  63.1301  Standards for rebond foam production.

    Each owner or operator of a new or existing rebond foam affected 
source shall comply with the provisions in paragraphs (a) and (b) of 
this section.
    (a) A HAP or HAP-based material shall not be used as an equipment 
cleaner at a rebond foam source.
    (b) A HAP-based mold release agent shall not be used in a rebond 
foam source.



Sec.  63.1302  Applicability of subpart A requirements.

    The owner or operator of an affected source shall comply with the 
applicable requirements of subpart A of this part, as specified in Table 
1 of this subpart.

[79 FR 48087, Aug. 15, 2014]



Sec.  63.1303  Monitoring requirements.

    Owners and operators of affected sources shall comply with each 
applicable monitoring provision in this section.
    (a) Monitoring requirements for storage vessel carbon adsorption 
systems. Each owner or operator using a carbon adsorption system to meet 
the requirements of Sec.  63.1294(a) shall monitor the concentration 
level of the HAP or the organic compounds in the exhaust vent stream (or 
outlet stream exhaust) from the carbon adsorption system at the 
frequency specified in paragraph (a)(1) or (2) of this section.
    (1) The concentration level of HAP or organic compounds shall be 
monitored during each unloading event, or once per month during an 
unloading event if multiple unloading events occur in a month.
    (2) As an alternative to monthly monitoring, the owner or operator 
can set the monitoring frequency at an interval no greater than 20 
percent of the carbon replacement interval, which is established using a 
design analysis described below in paragraphs (a)(1)(i) through (iii) of 
this section.
    (i) The design analysis shall consider the vent stream composition, 
constituent concentration, flow rate, relative humidity, and 
temperature.
    (ii) The design analysis shall establish the outlet organic 
concentration

[[Page 272]]

level, the capacity of the carbon bed, and the working capacity of 
activated carbon used for the carbon bed, and
    (iii) The design analysis shall establish the carbon replacement 
interval based on the total carbon working capacity of the carbon 
adsorption system and the schedule for filling the storage vessel.
    (b) Each owner or operator using a carbon adsorption system to meet 
the requirements of Sec.  63.1294(a) shall monitor the concentration 
level of total organic compounds in the exhaust vent stream (or outlet 
stream exhaust) from the carbon adsorption system using 40 CFR part 60, 
Appendix A, Method 25A, reported as propane. The measurement shall be 
conducted over at least one 5-minute interval during which the storage 
vessel is being filled.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014]



Sec.  63.1304  [Reserved]



Sec.  63.1305  Alternative means of emission limitation.

    An owner or operator of an affected source may request approval to 
use an alternative means of emission limitation, following the 
procedures in this section.
    (a) The owner or operator can request approval to use an alternative 
means of emission limitation in the precompliance report for existing 
sources, the application for construction or reconstruction for new 
sources, or at any time.
    (b) This request shall include a complete description of the 
alternative means of emission limitation.
    (c) Each owner or operator applying for permission to use an 
alternative means of emission limitation under Sec.  63.6(g) shall be 
responsible for collecting and verifying data to demonstrate the 
emission reduction achieved by the alternative means of emission 
limitation.
    (d) Use of the alternative means of emission limitation shall not 
begin until approval is granted by the Administrator in accordance with 
Sec.  63.6(g).



Sec.  63.1306  Reporting requirements.

    Owners and operators of affected sources shall comply with each 
applicable reporting provision in this section.
    (a) Initial notification. Each affected source shall submit an 
initial notification in accordance with Sec.  63.9(b).
    (b) Application for approval of construction or reconstruction. Each 
owner or operator shall submit an application for approval of 
construction or reconstruction in accordance with the provisions of 
Sec.  63.5(d).
    (c) Notification of compliance status. Each affected source shall 
submit a notification of compliance status report no later than 180 days 
after the compliance date. For slabstock affected sources, this report 
shall contain the information listed in paragraphs (c)(1) through (3) of 
this section, as applicable. This report shall contain the information 
listed in paragraph (c)(4) of this section for molded foam processes and 
in paragraph (c)(5) of this section for rebond foam processes.
    (1) A list of diisocyanate storage vessels, along with a record of 
the type of control utilized for each storage vessel.
    (2) For transfer pumps in diisocyanate service, a record of the type 
of control utilized for each transfer pump.
    (3) A statement that the slabstock foam affected source is in 
compliance with Sec. Sec.  63.1297 and 63.1298, or a statement that 
slabstock foam processes at an affected source are in compliance with 
Sec. Sec.  63.1297 and 63.1298.
    (4) A statement that the molded foam affected source is in 
compliance with Sec.  63.1300, or a statement that molded foam processes 
at an affected source are in compliance with Sec.  63.1300.
    (5) A statement that the rebond foam affected source is in 
compliance with Sec.  63.1301, or that rebond processes at an affected 
source are in compliance with Sec.  63.1301.
    (d) Semiannual reports. Each slabstock affected source shall submit 
a report containing the information specified in paragraphs (d)(1) 
through (3) of this section semiannually no later than 60 days after the 
end of each 180 day period. The first report shall be submitted no later 
than 240 days after the

[[Page 273]]

date that the Notification of Compliance Status is due and shall cover 
the 6-month period beginning on the date that the Notification of 
Compliance Status Report is due.
    (1) For sources complying with the storage vessel provisions of 
Sec.  63.1294(a) using a carbon adsorption system, unloading events that 
occurred after breakthrough was detected and before the carbon was 
replaced.
    (2) Any equipment leaks that were not repaired in accordance with 
Sec. Sec.  63.1294(b)(2)(iii) and 63.1294(c).
    (3) Any leaks in vapor return lines that were not repaired in 
accordance with Sec.  63.1294(a)(1)(ii).
    (e) Annual compliance certifications. Each affected source subject 
to the provisions in Sec. Sec.  63.1293 through 63.1301 shall submit a 
compliance certification annually.
    (1) The compliance certification shall be based on information 
consistent with that contained in Sec.  63.1308, as applicable.
    (2) A compliance certification required pursuant to a state or local 
operating permit program may be used to satisfy the requirements of this 
section, provided that the compliance certification is based on 
information consistent with that contained in Sec.  63.1308, and 
provided that the Administrator has approved the state or local 
operating permit program under part 70 of this chapter.
    (3) Each compliance certification submitted pursuant to this section 
shall be signed by a responsible official of the company that owns or 
operates the affected source.
    (f) Malfunction reports. If a source fails to meet an applicable 
standard, slabstock affected sources shall report such events in the 
next semiannual report and molded and rebond affected sources shall 
report such events in the next annual compliance certification. Report 
the number of failures to meet an applicable standard. For each 
instance, report the date, time and duration of each failure. For each 
failure, the report shall include a list of the affected sources or 
equipment, an estimate of the volume of each regulated pollutant emitted 
over any emission limit, and a description of the method used to 
estimate the emissions.
    (g) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you shall 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(g)(1) or (g)(2) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html),, the owner or operator 
shall submit the results of the performance test to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI), (CEDRI can be 
accessed through the EPA's Central Data Exchange (CDX) (http://
cdx.epa.gov/epa_home.asp). Performance test data shall be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
the owner or operator may submit performance test data in an electronic 
file format consistent with the extensible markup language (XML) schema 
listed on the EPA's ERT Web site, once the XML schema is available. 
Owners or operators, who claim that some of the information being 
submitted for performance tests is confidential business information 
(CBI), shall submit a complete file generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site, including information claimed to be 
CBI, on a compact disk, flash drive or other commonly used electronic 
storage media to the EPA. The electronic media shall be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, the owner or operator 
shall submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec.  63.13.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]

[[Page 274]]



Sec.  63.1307  Recordkeeping requirements.

    The applicable records designated in paragraphs (a) through (c) of 
this section shall be maintained by owners and operators of all affected 
sources.
    (a) Storage vessel records. (1) A list of diisocyanate storage 
vessels, along with a record of the type of control utilized for each 
storage vessel.
    (2) For storage vessels complying through the use of a carbon 
adsorption system, paragraphs (a)(2)(i) or (ii), and paragraph 
(a)(2)(iii) of this section.
    (i) Records of dates and times when the carbon adsorption system is 
monitored for carbon breakthrough and the monitoring device reading, 
when the device is monitored in accordance with Sec.  63.1303(a); or
    (ii) For affected sources monitoring at an interval no greater than 
20 percent of the carbon replacement interval, in accordance with Sec.  
63.1303(a)(2), the records listed in paragraphs (a)(2)(ii)(A) and (B) of 
this section.
    (iii) Date when the existing carbon in the carbon adsorption system 
is replaced with fresh carbon.
    (3) For storage vessels complying through the use of a vapor return 
line, paragraphs (a)(3)(i) through (iii) of this section.
    (i) Dates and times when each unloading event occurs and each 
inspection of the vapor return line for leaks occurs.
    (ii) Records of dates and times when a leak is detected in the vapor 
return line.
    (iii) Records of dates and times when a leak is repaired.
    (b) Equipment leak records. (1) A list of components in diisocyanate 
service.
    (2) For transfer pumps in diisocyanate service, a record of the type 
of control utilized for each transfer pump and the date of installation.
    (3) When a leak is detected as specified in Sec. Sec.  
63.1294(b)(2)(ii) and 63.1294(c), the requirements listed in paragraphs 
(b)(3)(i) and (ii) of this section apply:
    (i) Leaking equipment shall be identified in accordance with the 
requirements in paragraphs (b)(3)(i)(A) and (B) of this section.
    (A) A readily visible identification, marked with the equipment 
identification number, shall be attached to the leaking equipment.
    (B) The identification on equipment may be removed after it has been 
repaired.
    (ii) The information in paragraphs (b)(2)(ii)(A) through (G) shall 
be recorded for leaking components.
    (A) The operator identification number and the equipment 
identification number.
    (B) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (C) Repair methods applied in each attempt to repair the leak.
    (D) The words ``repair delayed'' and the reason for the delay if a 
leak is not repaired within 15 calendar days after discovery of the 
leak.
    (E) The expected date of the successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (F) The date of successful repair of the leak.
    (G) The date the identification is removed.
    (c) The owner or operator of an affected source subject to Sec.  
63.1297 shall maintain a product data sheet for each ABA used which 
includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids).
    (d) The owner or operator of an affected source subject to Sec.  
63.1298 of this subpart shall maintain a product data sheet for each 
equipment cleaner used which includes the HAP content, in kg of HAP/kg 
solids (lb HAP/lb solids).
    (e) The owner or operator of an affected source following the 
compliance methods in Sec.  63.1308(b)(1) shall maintain records of each 
use of a vapor return line during unloading, of any leaks detected 
during unloading, and of repairs of leaks detected during unloading.
    (f) The owner or operator of an affected source subject to Sec.  
63.1300 or Sec.  63.1301 of this subpart shall maintain a product data 
sheet for each compound other than diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance, 
which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb 
solids), of each solvent other than diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance.
    (g) The owner or operator of an affected source subject to Sec.  
63.1300 or

[[Page 275]]

Sec.  63.1301 of this subpart shall maintain a product data sheet for 
each mold release agent used that includes the HAP content, in kg of 
HAP/kg solids (lb HAP/lb solids), of each mold release agent.
    (h) Malfunction records. Records shall be kept as specified in 
paragraphs (h)(1) through (3) of this section for affected sources. 
Records are not required for emission points that do not require control 
under this subpart.
    (1) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure, record the 
date, time and duration of the failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
volume of each regulated pollutant emitted over any emission limit and a 
description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec.  63.1290(d) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]



Sec.  63.1308  Compliance demonstrations.

    (a) For each affected source, compliance with the requirements 
described in Tables 2 and 3 of this subpart shall mean compliance with 
the requirements contained in Sec. Sec.  63.1293 through 63.1301, absent 
any credible evidence to the contrary.
    (1) The requirements described in Tables 3, 4, and 5 of this 
subpart; and
    (2) The requirement to submit a compliance certification annually as 
required under Sec.  63.1306(g).
    (b) All slabstock affected sources. For slabstock affected sources, 
failure to meet the requirements contained in Sec.  63.1294 shall be 
considered a violation of this subpart. Violation of each item listed in 
the paragraphs (b)(1) through (b)(6) of this section, as applicable, 
shall be considered a separate violation.
    (1) For each affected source complying with Sec.  63.1294(a) in 
accordance with Sec.  63.1294(a)(1), each unloading event that occurs 
when the diisocyanate storage vessel is not equipped with a vapor return 
line from the storage vessel to the tank truck or rail car, each 
unloading event that occurs when the vapor line is not connected, each 
unloading event that the vapor line is not inspected for leaks as 
described in Sec.  63.1294(a)(1)(i), each unloading event that occurs 
after a leak has been detected and not repaired, and each calendar day 
after a leak is detected, but not repaired as soon as practicable;
    (2) For each affected source complying with Sec.  63.1294(a) in 
accordance with Sec.  63.1294(a)(2), each unloading event that the 
diisocyanate storage vessel is not equipped with a carbon adsorption 
system, each unloading event (or each month if more than one unloading 
event occurs in a month) that the carbon adsorption system is not 
monitored for breakthrough in accordance with Sec.  63.1303(a)(3) or 
(4), and each unloading event that occurs when the carbon is not 
replaced after an indication of breakthrough;
    (3) For each affected source complying with Sec.  63.1294(a) in 
accordance with Sec.  63.1294(a)(2) through the alternative monitoring 
procedures in Sec.  63.1303(a)(2), each unloading event that the 
diisocyanate storage vessel is not equipped with a carbon adsorption 
system, each time that the carbon adsorption system is not monitored for 
breakthrough in accordance with Sec.  63.1303(b)(1) or (2) at the 
interval established in the design analysis, and each unloading event 
that occurs when the carbon is not replaced after an indication of 
breakthrough;
    (4) For each affected source complying with Sec.  63.1294(b) in 
accordance with Sec.  63.1294(b)(1), each calendar day that a transfer 
pump in diisocyanate service is not a sealless pump;
    (5) For each affected source complying with Sec.  63.1294(b) in 
accordance with Sec.  63.1294(b)(2), each calendar day that a transfer 
pump in diisocyanate service is not submerged as described in Sec.  
63.1294(b)(2)(i), each week that the pump is not visually monitored for 
leaks, each calendar day after 5 calendar days after detection of a leak 
that a first attempt at repair has not been made in accordance with 
Sec.  63.1294(b)(2)(iii)(B), and the earlier of each calendar day after 
15 calendar

[[Page 276]]

days after detection of a leak that a leak is not repaired, or a leak is 
not repaired as soon as practicable, each subsequent calendar day (with 
the exception of situations meeting the criteria of Sec.  63.1294(d));
    (6) For each affected source complying with Sec.  63.1294(c), each 
calendar day after 5 calendar days after detection of a leak that a 
first attempt at repair has not been made, and the earlier of each 
calendar day after 15 calendar days after detection of a leak that a 
leak is not repaired, or if a leak is not repaired as soon as 
practicable, each subsequent calendar day (with the exception of 
situations meeting the criteria of Sec.  63.1294(d)).
    (c) Slabstock affected sources. For slabstock foam affected sources, 
failure to meet the requirements contained in Sec. Sec.  63.1297 and 
63.1298, respectively, shall be considered a violation of this subpart. 
Violation of each item listed in the following paragraphs shall be 
considered a separate violation.
    (1) For each slabstock foam affected source subject to the 
provisions in Sec.  63.1297, each calendar day that a HAP ABA or HAP-
based material is used as an ABA;
    (2) For each slabstock foam affected source subject to the 
provisions of Sec.  63.1298, each calendar day that a HAP-based material 
is used as an equipment cleaner.
    (d) Molded and rebond foam affected sources. For molded and rebond 
foam affected sources, failure to meet the requirements contained in 
Sec.  63.1300 and Sec.  63.1301, respectively, shall be considered a 
violation of this subpart. Violation of each item listed in the 
following paragraphs shall be considered a separate violation.
    (1) For each molded foam affected source subject to the provisions 
in Sec.  63.1300(a), each calendar day that a HAP-based material is used 
as an equipment cleaner (except for diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance, 
provided that the diisocyanate compounds are contained in a closed-loop 
system and are re-used in production);
    (2) For each molded foam affected source subject to the provisions 
of Sec.  63.1300(b), each calendar day that a HAP-base material is used 
as a mold release agent;
    (3) For each rebond foam affected source subject to the provisions 
of Sec.  63.1301(a), each calendar day that a HAP-based material is used 
as an equipment cleaner; and
    (4) For each rebond foam affected source complying with Sec.  
63.1301(b), each calendar day that a HAP-based mold release agent is 
used.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48089, Aug. 15, 2014]



Sec.  63.1309  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1290, 63.1291, 63.1293 through 63.1301, and 63.1305.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37357, June 23, 2003, as amended at 79 FR 48089, Aug. 15, 2014]

[[Page 277]]



          Sec. Appendix to Subpart III of Part 63--Tables: Note

    For the convenience of the readers of subpart III, the tables below 
summarize the requirements in Sec. Sec.  63.1290 to 63.1307. These 
tables are intended to assist the reader in determining the requirements 
applicable to affected sources and do not alter an affected source's 
obligation to comply with the requirements in Sec. Sec.  63.1290 to 
63.1307.

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

----------------------------------------------------------------------------------------------------------------
                                                             Applies to
                   Subpart A reference                       subpart III                  Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..............................................            YES   Except that Sec.   63.1(c)(2) is not
                                                                            applicable to the extent area
                                                                            sources are not subject to subpart
                                                                            III.
Sec.   63.2..............................................            YES   Definitions are modified and
                                                                            supplemented by Sec.   63.1292.
Sec.   63.3..............................................            YES
Sec.   63.4..............................................            YES
Sec.   63.5..............................................            YES
Sec.   63.6(a)-(d).......................................            YES
Sec.   63.6(e)(1)(i).....................................             NO   See Sec.   63.1290(d)(4) for general
                                                                            duty requirement.
Sec.   63.6(e)(1)(ii)....................................             NO
Sec.   63.6(e)(1)(iii)...................................            YES
Sec.   63.6(e)(2)-(3)....................................             NO
Sec.   63.6(f)(1)........................................             NO
Sec.   63.6(f)(2)-(3)....................................            YES
Sec.   63.6(g)...........................................            YES
Sec.   63.6(h)...........................................             NO   Subpart III does not require opacity
                                                                            and visible emission standards.
Sec.   63.6(i)-(j).......................................            YES
Sec.   63.7..............................................             NO   Performance tests not required by
                                                                            subpart III.
Sec.   63.8..............................................             NO   Continuous monitoring, as defined in
                                                                            subpart A, is not required by
                                                                            subpart III.
Sec.   63.9(a)-(d).......................................            YES
Sec.   63.9(e)-(g).......................................             NO
Sec.   63.9(h)...........................................             NO   Subpart III specifies Notification of
                                                                            Compliance Status requirements.
Sec.   63.9(i)-(j).......................................            YES
Sec.   63.9(k)...........................................            Yes   Only as specified in Sec.   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 Sec.   63.1307(h) for
                                                                            recordkeeping of (1) date, time and
                                                                            duration; (2) listing of affected
                                                                            source or equipment and an estimate
                                                                            of the volume of each regulated
                                                                            pollutant emitted over the standard;
                                                                            and (3) actions to minimize
                                                                            emissions and any actions taken at
                                                                            the discretion of the owner or
                                                                            operator to prevent recurrence of
                                                                            the failure to meet an applicable
                                                                            requirement.
Sec.   63.10(c)..........................................             NO
Sec.   63.10(d)(1).......................................            YES
Sec.   63.10 (d) (2)-(3).................................             NO
Sec.   63.10(d)(4).......................................            YES
Sec.   63.10(d)(5).......................................             NO   See Sec.   63.1306(f) for malfunction
                                                                            reporting requirements.
Sec.   63.10(e)..........................................             NO
Sec.   63.10(f)..........................................            YES
Sec.   63.11.............................................            YES
Sec.   63.12.............................................            YES
Sec.   63.13.............................................            YES
Sec.   63.14.............................................            YES
Sec.   63.15.............................................            YES
----------------------------------------------------------------------------------------------------------------


[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014; 85 
FR 73898, Nov. 19, 2020]

[[Page 278]]



  Sec. Table 3 to Subpart III of Part 63--Compliance Requirements for 
               Slabstock Foam Production Affected Sources

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Emission, work
           Emission point                Emission point           practice, and            Monitoring           Recordkeeping            Reporting
                                        compliance option      equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec.    Vapor balance.........  Sec.   63.1294(a)(1)    Sec.                   Sec.   63.1307(a)(1)   Sec.   63.1306(e)(5).
 63.1294(a)                                                   and (1)(ii).            63.1294(a)(1)(i).      and (4).
                                     Carbon adsorber.......  Sec.   63.1294(a)(2)..  Sec.   63.1303(a)(1),  Sec.   63.1307(a)(1),  Sec.   63.1306(e)(3).
                                                                                      (3), and (4).          (3)(i), and (3)(iii).
                                     Carbon adsorber--       Sec.   63.1294(a)(2)..  Sec.   63.1303(a)(2),  Sec.   63.1307(a)(1),  Sec.   63.1306(e)(3).
                                      alternative                                     (3) and (4).           (3)(ii), and
                                      monitoring.                                                            (3)(iii).
Diisocyanate transfer pumps Sec.     Sealless pump.........  Sec.   63.1294(b)(1)..  .....................  Sec.   63.1307         .....................
 63.1294(b)                                                                                                  (b)(1)(i) and (2).
                                     Submerged pump........  Sec.                    Sec.   63.1294         Sec.   63.1307         Sec.   63.1306(e)(4).
                                                              63.1294(b)(2)(i) and    (b)(2)(ii).            (b)(1)(i), (2), and
                                                              (iii).                                         (3).
Other components in diisocyanate     N/A...................  Sec.   63.1294(c).....  Sec.   63.1294(c)....  Sec.   63.1307         Sec.   63.1306(e)(4).
 service Sec.   63.1294(c).                                                                                  (b)(1)(i) and (3).
ABAs Sec.   63.1297................  N/A...................  Sec.   63.1297........  .....................  Sec.   63.1307(e)....  .....................
Equipment Cleaning Sec.   63.1298..  N/A...................  Sec.   63.1298........  .....................  Sec.   63.1307(e)....  .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------


[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014]



  Sec. Table 3 to Subpart III of Part 63--Compliance Requirements for 
           Molded and Rebond Foam Production Affected Sources

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Emission, work
           Emission point                Emission point           practice, and            Monitoring           Recordkeeping            Reporting
                                        compliance option      equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Molded Foam
Equipment cleaning.................  N/A...................  Sec.   63.1300(a).....  .....................  Sec.   63.1307(g)....  .....................
Mold release agent.................  N/A...................  Sec.   63.1300(b).....  .....................  Sec.   63.1307 (h)...  .....................
            Rebond Foam
Equipment cleaning.................  N/A...................  Sec.   63.1301(a).....  .....................  Sec.   63.1307 (g)...  .....................
Mold release agent.................  N/A...................  Sec.   63.1301(b).....  .....................  Sec.   63.1307 (h)...  .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------


[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014]



  Subpart JJJ_National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group IV Polymers and Resins

    Source: 61 FR 48229, Sept. 12, 1996, unless otherwise noted.



Sec.  63.1310  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. Affected sources are described in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source is defined in paragraph 
(a)(2) of this section, and new affected source is defined in paragraph 
(a)(3) of this section.
    (2) An existing affected source is defined as each group of one or 
more thermoplastic product process units (TPPU) and associated 
equipment, as listed in paragraph (a)(4) of this section that is not 
part of a new affected source, as defined in paragraph (a)(3) of this 
section, that is manufacturing the same primary product, and that is 
located at a plant site that is a major source.
    (3) A new affected source is defined by the criteria in paragraph 
(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation 
described in paragraph (a)(3)(i) of this section is distinct from

[[Page 279]]

those situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of 
this section and from any situation described in paragraph (i) of this 
section.
    (i) At a site without HAP emission points before March 29, 1995 
(i.e., a ``greenfield'' site), each group of one or more TPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, 
that is manufacturing the same primary product and that is part of a 
major source on which construction commenced after March 29, 1995;
    (ii) A group of one or more TPPU meeting the criteria in paragraph 
(i)(1)(i) of this section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (4) Emission points and equipment. The affected source also includes 
the emission points and components specified in paragraphs (a)(4)(i) 
through (vi) of this section that are associated with each applicable 
group of one or more TPPU constituting an affected source.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Each process contact cooling tower used in the manufacture of 
poly (ethylene terephthalate) resin (PET) that is associated with a new 
affected source.
    (v) Each process contact cooling tower used in the manufacture of 
PET using a continuous terephthalic acid high viscosity multiple end 
finisher process that is associated with an existing affected source.
    (vi) Components required by, or utilized as a method of compliance 
with, this subpart, which may include control devices and recovery 
devices.
    (5) TPPUs and associated equipment, as listed in paragraph (a)(4) of 
this section, that are located at plant sites that are not major sources 
are neither affected sources nor part of an affected source.
    (b) TPPUs without organic HAP. The owner or operator of a TPPU that 
is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section. Such a TPPU is not subject to any other provisions of this 
subpart and is not required to comply with the provisions of subpart A 
of this part.
    (1) Retain information, data, and analyses used to document the 
basis for the determination that the TPPU does not use or manufacture 
any organic HAP. Types of information that could document this 
determination include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (2) When requested by the Administrator, demonstrate that the TPPU 
does not use or manufacture any organic HAP.
    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are not 
subject to the requirements of this subpart or to the provisions of 
subpart A of this part.
    (1) Components and equipment that do not contain organic HAP and are 
located within a TPPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only; and
    (9) Equipment that is intended to operate in organic HAP service for 
less than 300 hours during the calendar year.
    (d) Processes excluded from the affected source. The processes 
specified in paragraphs (d)(1) through (5) of this section are not part 
of the affected source and are not subject to the requirements of both 
this subpart and subpart A of this part:
    (1) Research and development facilities;
    (2) Polymerization processes occurring in a mold;

[[Page 280]]

    (3) Processes which manufacture binder systems containing a 
thermoplastic product for paints, coatings, or adhesives;
    (4) Finishing processes including equipment such as compounding 
units, spinning units, drawing units, extruding units, and other 
finishing steps; and
    (5) Solid state polymerization processes.
    (e) Applicability determination of nonthermoplastic equipment 
included within the boundaries of a TPPU. If a polymer that is not a 
thermoplastic product is produced within the equipment (i.e., 
collocated) making up a TPPU and at least 50 percent of that polymer is 
used in the production of a thermoplastic product manufactured by the 
same TPPU, then the unit operations involved in the production of that 
polymer are considered part of the TPPU and are subject to this subpart, 
with the following exception. Any emission points from such unit 
operations that are subject to another subpart of this part with an 
effective date prior to September 5, 1996 shall remain subject to that 
other subpart of this part and are not subject to this subpart.
    (f) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce a 
thermoplastic product shall determine if the process unit is subject to 
this subpart in accordance with this paragraph. The owner or operator 
shall initially determine whether a process unit is designated as a TPPU 
and subject to the provisions of this subpart in accordance with either 
paragraph (f)(1) or (f)(2) of this section. The owner or operator of a 
flexible operation unit that was not initially designated as a TPPU, but 
in which a thermoplastic product is produced, shall conduct an annual 
re-determination of the applicability of this subpart in accordance with 
paragraph (f)(3) of this section. Owners or operators that anticipate 
the production of a thermoplastic product in a process unit that was not 
initially designated as a TPPU, and in which no thermoplastic products 
are currently produced, shall determine if the process unit is subject 
to this subpart in accordance with paragraph (f)(4) of this section. 
Paragraphs (f)(3) and (f)(5) through (f)(7) of this section discuss 
compliance only for flexible operation units. Other paragraphs apply to 
all process units, including flexible operation units, unless otherwise 
noted. Paragraph (f)(8) of this section contains reporting requirements 
associated with the applicability determinations. Paragraphs (f)(9) and 
(f)(10) of this section describe criteria for removing the TPPU 
designation from a process unit.
    (1) Initial determination. The owner or operator shall initially 
determine if a process unit is subject to the provisions of this subpart 
based on the primary product of the process unit in accordance with 
paragraphs (f)(1)(i) through (iii) of this section. If the process unit 
never uses or manufactures any organic HAP, regardless of the outcome of 
the primary product determination, the only requirements of this subpart 
that might apply to the process unit are contained in paragraph (b) of 
this section. If a flexible operation unit does not use or manufacture 
any organic HAP during the manufacture of one or more products, 
paragraph (f)(5)(i) of this section applies to that flexible operation 
unit.
    (i) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (f)(1)(ii)(A) or (B) of this section.
    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity on 
a mass basis for two or more products, and if one of those products is a 
thermoplastic product, then the thermoplastic product shall represent 
the primary product of the process unit.
    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 12, 1996 at

[[Page 281]]

existing process units, or for the first year after the process unit 
begins production of any product for new process units. If operations 
cannot be anticipated sufficiently to allow the determination of the 
primary product for the specified period, applicability shall be 
determined (in accordance with paragraph (f)(2) of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified 5 year period for 
existing process units, or the specified 1 year period for new process 
units, then that product shall represent the primary product of the 
flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified 5 year 
period for existing process units, or the specified 1 year period for 
new process units shall represent the primary product of the flexible 
operation unit.
    (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is a thermoplastic 
product, then that process unit shall be designated as a TPPU. That TPPU 
and associated equipment, as listed in paragraph (a)(4) of this section 
is either an affected source or part of an affected source comprised of 
other TPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. If the primary product of a 
process unit is determined to be a product that is not a thermoplastic 
product, then that process unit is not a TPPU.
    (2) If the primary product cannot be determined for a flexible 
operation unit in accordance with paragraph (f)(1)(iii) of this section, 
applicability shall be determined in accordance with this paragraph.
    (i) If the owner or operator cannot determine the primary product in 
accordance with paragraph (f)(1)(iii) of this section, but can determine 
that a thermoplastic product is not the primary product, then that 
flexible operation unit is not a TPPU.
    (ii) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, and cannot 
determine that a thermoplastic product is not the primary product as 
specified in paragraph (f)(2)(i) of this section, applicability shall be 
determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as a TPPU if a thermoplastic 
product was produced for 5 percent or greater of the total operating 
time of the flexible operating unit since March 9, 1999. That TPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other TPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a flexible operation 
unit that is designated as an TPPU in accordance with this paragraph, 
the thermoplastic product produced for the greatest amount of time since 
March 9, 1999 shall be designated as the primary product of the TPPU.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as a TPPU if the owner or 
operator anticipates that a thermoplastic product will be manufactured 
in the flexible operation unit at any time in the first year after the 
date the unit begins production of any product. That TPPU and associated 
equipment, as listed in paragraph (a)(4) of this section, is either an 
affected source, or part of an affected source comprised of other TPPU 
and associated equipment, as listed in paragraph (a)(4) of this section, 
subject to this subpart with the same primary product at the same plant 
site that is a major source. For a process unit that is designated as a 
TPPU in accordance with this paragraph, the thermoplastic product that 
will be produced shall be designated as the primary product of the TPPU. 
If more than one thermoplastic product will be produced, the owner or

[[Page 282]]

operator may select which thermoplastic product is designated as the 
primary product.
    (3) Annual applicability determination for non-TPPUs that have 
produced a thermoplastic product. Once per year beginning September 12, 
2001, the owner or operator of each flexible operation unit that is not 
designated as a TPPU, but that has produced a thermoplastic product at 
any time in the preceding 5-year period or since the date that the unit 
began production of any product, whichever is shorter, shall perform the 
evaluation described in paragraphs (f)(3)(i) through (f)(3)(iii) of this 
section. However, an owner or operator that does not intend to produce 
any thermoplastic product in the future, in accordance with paragraph 
(f)(9) of this section, is not required to perform the evaluation 
described in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
over which the product was produced during the preceding 5-year period.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
preceding 5-year period.
    (iii) If the primary product identified in paragraph (f)(3)(ii) is a 
thermoplastic product, the flexible operation unit shall be designated 
as a TPPU. The owner or operator shall notify the Administrator no later 
than 45 days after determining that the flexible operation unit is a 
TPPU, and shall comply with the requirements of this subpart in 
accordance with paragraph (i)(1) of this section for the flexible 
operation unit.
    (4) Applicability determination for non-TPPUs that have not produced 
a thermoplastic product. The owner or operator that anticipates the 
production of a thermoplastic product in a process unit that is not 
designated as a TPPU, and in which no thermoplastic products have been 
produced in the previous 5-year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall determine if the process unit is subject to this subpart in 
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also, 
owners or operators who have notified the Administrator that a process 
unit is not a TPPU in accordance with paragraph (f)(9) of this section, 
that now anticipate the production of a thermoplastic product in the 
process unit, shall determine if the process unit is subject to this 
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this 
section.
    (i) The owner or operator shall use the procedures in paragraph 
(f)(1) or (f)(2) of this section to determine if the process unit is 
designated as a TPPU, with the following exception: For existing process 
units that are determining the primary product in accordance with 
paragraph (f)(1)(iii) of this section, production shall be projected for 
the five years following the date that the owner or operator anticipates 
initiating the production of a thermoplastic product.
    (ii) If the unit is designated as a TPPU in accordance with 
paragraph (f)(4)(i) of this section, the owner or operator shall comply 
in accordance with paragraph (i)(1) of this section.
    (5) Compliance for flexible operation units. Owners or operators of 
TPPUs that are flexible operation units shall comply with the standards 
specified for the primary product, with the exceptions provided in 
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
    (i) Whenever a flexible operation unit manufactures a product in 
which no organic HAP is used or manufactured, the owner or operator is 
only required to comply with either paragraph (b)(1) or (b)(2) of this 
section to demonstrate compliance for activities associated with the 
manufacture of that product. This subpart does not require compliance 
with the provisions of subpart A of this part for activities associated 
with the manufacture of a product that meets the criteria of paragraph 
(b) of this section.
    (ii) Whenever a flexible operation unit manufactures a product that 
makes it subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during the 
production of that product.

[[Page 283]]

    (6) Owners or operators of TPPUs that are flexible operation units 
have the option of determining the group status of each emission point 
associated with the flexible operation unit, in accordance with either 
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception of 
batch process vents. For batch process vents, the owner or operator 
shall determine the group status in accordance with Sec.  63.1323.
    (i) The owner or operator may determine the group status of each 
emission point based on emission point characteristics when the primary 
product is being manufactured. The criteria that shall be used for this 
group determination are the Group 1 criteria specified for the primary 
product.
    (ii) The owner or operator may determine the group status of each 
emission point separately for each product produced by the flexible 
operation unit. For each product, the group status shall be determined 
using the emission point characteristics when that product is being 
manufactured and using the Group 1 criteria specified for the primary 
product. (Note: Under this scenario, it is possible that the group 
status, and therefore the requirement to achieve emission reductions, 
for an emission point may change depending on the product being 
manufactured.)
    (7) Owners or operators determining the group status of emission 
points in flexible operation units based solely on the primary product 
in accordance with paragraph (f)(6)(i) of this section shall establish 
parameter monitoring levels, as required, in accordance with either 
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators 
determining the group status of emission points in flexible operation 
units based on each product in accordance with paragraph (f)(6)(ii) of 
this section shall establish parameter monitoring levels, as required, 
in accordance with paragraph (f)(7)(i) of this section.
    (i) Establish separate parameter monitoring levels in accordance 
with Sec.  63.1334(a) for each individual product.
    (ii) Establish a single parameter monitoring level (for each 
parameter required to be monitored at each device subject to monitoring 
requirements) in accordance with Sec.  63.1334(a) that would apply for 
all products.
    (8) Reporting requirements. When it is determined that a process 
unit is a TPPU and subject to the requirements of this subpart, the 
Notification of Compliance Status required by Sec.  63.1335(e)(5) shall 
include the information specified in paragraphs (f)(8)(i) and (f)(8)(ii) 
of this section, as applicable. If it is determined that the process 
unit is not subject to this subpart, the owner or operator shall either 
retain all information, data, and analysis used to document the basis 
for the determination that the primary product is not a thermoplastic 
product, or, when requested by the Administrator, demonstrate that the 
process unit is not subject to this subpart.
    (i) If the TPPU manufactures only one thermoplastic product, 
identification of that thermoplastic product.
    (ii) If the TPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(8)(ii)(A) through 
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
    (A) If a primary product could be determined, identification of the 
primary product.
    (B) Identification of which compliance option, either paragraph 
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner 
or operator.
    (C) If the option to establish separate parameter monitoring levels 
for each product in paragraph (f)(7)(i) of this section is selected, the 
identification of each product and the corresponding parameter 
monitoring level.
    (D) If the option to establish a single parameter monitor level in 
paragraph (f)(7)(ii) of this section is selected, the parameter 
monitoring level for each parameter.
    (9) TPPUs terminating production of all thermoplastic products. If a 
TPPU terminates the production of all thermoplastic products and does 
not anticipate the production of any thermoplastic products in the 
future, the process unit is no longer a TPPU and is not subject to this 
subpart after notification is made to the Administrator. This 
notification shall be accompanied by a rationale for why it is 
anticipated that no thermoplastic products will be produced in the 
process unit in the future.

[[Page 284]]

    (10) Redetermination of applicability to TPPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of a TPPU that is 
operating as a flexible operation unit from a thermoplastic product to a 
product that would make the process unit subject to another subpart of 
this part, the owner or operator shall re-evaluate the status of the 
process unit as a TPPU in accordance with paragraphs (f)(10)(i) through 
(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
in which the product was produced for the preceding five-year period, or 
since the date that the process unit began production of any product, 
whichever is shorter.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
period.
    (iii) If the conditions in (f)(10)(iii)(A) through (C) of this 
section are met, the flexible operation unit shall no longer be 
designated as a TPPU and shall no longer be subject to the provisions of 
this subpart after the date that the process unit is required to be in 
compliance with the provisions of the other subpart of this part to 
which it is subject. If the conditions in paragraphs (f)(10)(iii)(A) 
through (C) of this section are not met, the flexible operation unit 
shall continue to be considered a TPPU and subject to the requirements 
of this subpart.
    (A) The product identified in (f)(10)(ii) of this section is not a 
thermoplastic product; and
    (B) The production of the product identified in (f)(10)(ii) of this 
section is subject to another subpart of this part; and
    (C) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(7) of this section to determine to which process unit a storage 
vessel shall be assigned. Paragraph (g)(8) of this section specifies 
when an owner or operator is required to redetermine to which process 
unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 12, 1996, said storage vessel shall be assigned 
to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is a TPPU subject to this subpart, the storage vessel shall be 
assigned to said TPPU.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are TPPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the said TPPUs.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 12, 1996 or based on 
the expected utilization for the 5 years following September 12, 1996 
for existing affected sources, whichever is more representative of the 
expected operations for said storage vessel, and based on the expected 
utilization for the first 5 years after initial start-up for new 
affected sources. The determination of predominant use shall be reported 
in the Notification of Compliance Status, as required by Sec.  
63.1335(e)(5)(vi).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or receive 
materials from the storage vessel, but the storage vessel is located in 
a tank farm (including a marine tank farm), the applicability of

[[Page 285]]

this subpart shall be determined according to the provisions in 
paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping both to the process unit and to the 
storage vessel in the tank farm so that product or raw material entering 
or leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(7)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit.
    (iv) If there are two or more process units at the major source that 
meet the criteria of paragraph (g)(7)(i) of this section with respect to 
a storage vessel, the storage vessel shall be assigned to one of those 
process units according to the provisions of paragraphs (g)(3) through 
(g)(6) of this section. The predominant use shall be determined among 
only those process units that meet the criteria of paragraph (g)(7)(i) 
of this section.
    (8) If the storage vessel begins receiving material from (or sending 
material to) a process unit that was not included in the initial 
determination, or ceases to receive material from (or send material to) 
a process unit, the owner or operator shall re-evaluate the 
applicability of this subpart to the storage vessel.
    (h) Recovery operations equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (h)(1) 
through (h)(6) of this section to determine to which process unit 
recovery operations equipment shall be assigned. Paragraph (h)(7) of 
this section specifies when an owner or operator is required to 
redetermine to which process unit the recovery operations equipment is 
assigned.
    (1) If recovery operations equipment is already subject to another 
subpart of 40 CFR part 63 on September 12, 1996, said recovery 
operations equipment shall be assigned to the process unit subject to 
the other subpart.
    (2) If recovery operations equipment is dedicated to a single 
process unit, the recovery operations equipment shall be assigned to 
that process unit.
    (3) If recovery operations equipment is shared among process units, 
then the recovery operations equipment shall be assigned to that process 
unit located on the same plant site as the recovery operations equipment 
that has the greatest input into or output from the recovery operations 
equipment (i.e., said process unit has the predominant use of the 
recovery operations equipment).
    (4) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if one of those process 
units is a TPPU subject to this subpart, the recovery operations 
equipment shall be assigned to said TPPU.
    (5) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if more than one of the 
process units are TPPUs that have different primary products and that 
are subject to this subpart, then the owner or operator shall assign the 
recovery operations equipment to any one of said TPPUs.
    (6) If the predominant use of recovery operations equipment varies 
from year to year, then predominant use shall be determined based on the 
utilization that occurred during the year preceding September 12, 1996 
or based on the expected utilization for the 5 years following September 
12, 1996 for existing affected sources, whichever is the more 
representative of the expected operations for said recovery operations 
equipment, and based on the first 5 years after initial start-up for new 
affected sources. The determination of predominant use shall be reported 
in

[[Page 286]]

the Notification of Compliance Status, as required by Sec.  
63.1335(e)(5)(vii).
    (7) If a piece of recovery operations equipment begins receiving 
material from a process unit that was not included in the initial 
determination, or ceases to receive material from a process unit that 
was included in the initial determination, the owner or operator shall 
reevaluate the applicability of this subpart to that recovery operations 
equipment.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) of this section provides examples of what are and are 
not considered process changes for purposes of this paragraph (i) of 
this section. Paragraph (i)(6) of this section discusses reporting 
requirements.
    (1) Adding a TPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators 
that add one or more TPPUs to a plant site.
    (i) If a group of one or more TPPUs that produce the same primary 
product is added to a plant site, the added group of one or more TPPUs 
and associated equipment, as listed in paragraph (a)(4) of this section, 
shall be a new affected source and shall comply with the requirements 
for a new affected source in this subpart upon initial start-up or by 
June 19, 2000, whichever is later, except that new affected sources 
whose primary product, as determined using the procedures specified in 
paragraph (f) of this section, is poly(ethylene terephthalate) (PET) 
shall be in compliance with Sec.  63.1331 upon initial start-up or 
February 27, 2001, whichever is later, if the added group of one or more 
TPPUs meets the criteria in either paragraph (i)(1)(i)(A) or 
(i)(1)(i)(B) of this section, and the criteria in either paragraph 
(i)(1)(i)(C) or (i)(1)(i)(D) of this section are met.
    (A) The construction of the group of one or more TPPUs commenced 
after March 29, 1995.
    (B) The construction or reconstruction, for process units that have 
become TPPUs, commenced after March 29, 1995.
    (C) The group of one or more TPPUs and associated equipment, as 
listed in paragraph (a)(4) of this section, has the potential to emit 10 
tons per year or more of any HAP or 25 tons per year or more of any 
combination of HAP, and the primary product of the group of one or more 
TPPUs is currently produced at the plant site as the primary product of 
an affected source; or
    (D) The primary product of the group of one or more TPPUs is not 
currently produced at the plant site as the primary product of an 
affected source and the plant site meets, or after the addition of the 
group of one or more TPPUs and associated equipment, as listed in 
paragraph (a)(4) of this section, will meet the definition of a major 
source.
    (ii) If a group of one or more TPPUs that produce the same primary 
product is added to a plant site, and the group of one or more TPPUs 
does not meet the criteria specified in paragraph (i)(1)(i) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the group of one or more TPPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
shall comply with the requirements for an existing affected source in 
this subpart upon initial start-up; by June 19, 2001; or by 6 months 
after notifying the Administrator that a process unit has been 
designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this 
section), whichever is later.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (i)(2)(i) through 
(i)(2)(ii) of this section apply to owners or operators that add 
emission points or make process changes to an existing affected source.
    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(B) of this section are met, the entire affected source shall 
be a new affected source and shall comply with the requirements for a 
new affected source upon initial start-up or by June 19, 2000, whichever 
is later, as provided in Sec.  63.6(b), except that new affected sources 
whose primary product is poly(ethylene terephthalate) (PET) shall be in 
compliance with Sec.  63.1331

[[Page 287]]

upon initial start-up or by February 27, 2001, whichever is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec.  63.1312(b); and
    (B) Such reconstruction commenced after March 29, 1995.
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(B) of this section are not met, and that replacement of 
components creates one or more Group 1 emission points (i.e., either 
newly created Group 1 emission points or emission points that change 
group status from Group 2 to Group 1) or causes any other emission point 
to be added (i.e., Group 2 emission points, equipment leak components 
subject to Sec.  63.1331, continuous process vents subject to Sec. Sec.  
63.1316 through 63.1320, and heat exchange systems subject to Sec.  
63.1328), the resulting emission point(s) shall be subject to the 
applicable requirements for an existing affected source. The resulting 
emission points shall be in compliance by 120 days after the date of 
initial start-up or by the appropriate compliance date specified in 
Sec.  63.1311 (i.e., February 27, 1998 for most equipment leak 
components subject to Sec.  63.1331, and June 19, 2001 for most emission 
points other than equipment leaks), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made to an existing affected 
source that creates one or more Group 1 emission points (i.e., either 
newly created Group 1 emission points or emission points that change 
group status from Group 2 to Group 1) or causes any other emission point 
to be added (i.e., Group 2 emission points, equipment leak components 
subject to Sec.  63.1331, continuous process vents subject to Sec. Sec.  
63.1316 through 63.1320, and heat exchange systems subject to Sec.  
63.1328), the resulting emission point(s) shall be subject to the 
applicable requirements for an existing affected source. The resulting 
emission point(s) shall be in compliance by 120 days after the date of 
initial start-up or by the appropriate compliance date specified in 
Sec.  63.1311 (i.e., February 27, 1998 for most equipment leak 
components subject to Sec.  63.1331, and June 19, 2001 for most emission 
points other than equipment leaks), whichever is later.
    (iv) If any process change (not including a process change that 
solely replaces components) is made to an existing affected source that 
results in baseline emissions (i.e., emissions prior to applying 
controls for purposes of complying with this subpart) from continuous 
process vents in the collection of material recovery sections within the 
affected source at an existing affected source producing PET using a 
continuous dimethyl terephthalate process changing from less than or 
equal to 0.12 kg organic HAP per Mg of product to greater than 0.12 kg 
organic HAP per Mg of product, the continuous process vents shall be 
subject to the applicable requirements for an existing affected source. 
The resulting emission point(s) shall be in compliance by 120 days after 
the date of initial start-up or by June 19, 2001, whichever is later.
    (3) Existing affected source requirements for surge control vessels 
and bottoms receivers that become subject to subpart H requirements. If 
a process change or addition of an emission point causes a surge control 
vessel or bottoms receiver to become subject to Sec.  63.170 under this 
paragraph (i), the owner or operator shall be in compliance upon initial 
start-up or by June 19, 2001, whichever is later.
    (4) Existing affected source requirements for compressors that 
become subject to the requirements of subpart H of this part. If a 
process change or the addition of an emission point causes a compressor 
to become subject to Sec.  63.164 under this paragraph (i), the owner or 
operator shall be in compliance upon initial start-up or by the 
compliance date for that compressor as specified in Sec.  63.1311(d)(1) 
through (d)(4), whichever is later.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in feedstock type, or process catalyst 
type, or the replacement, removal, or addition of recovery equipment, or 
equipment changes that increase production capacity. For purposes of 
paragraph (i) of

[[Page 288]]

this section, process changes do not include: Process upsets, 
unintentional temporary process changes, and changes that do not alter 
the equipment configuration and operating conditions.
    (6) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec.  63.1335(e)(7)(iv).
    (j) Applicability of this subpart. (1) The emission limitations set 
forth in this subpart and the emission limitations referred to in this 
subpart shall apply at all times except during periods of non-operation 
of the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies.
    (2) The emission limitations set forth in subpart H of this part, as 
referred to in Sec.  63.1331, shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized, resulting in 
cessation of the emissions to which Sec.  63.1331 applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions (or, where applicable, wastewater streams or 
residuals) are being routed to such items of equipment, if the shutdown 
would contravene requirements of this subpart applicable to such items 
of equipment.
    (4) General duty. At all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator, which may include, but is not limited 
to, monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.
    (k) Affirmative defense for violation of emission standards during 
malfunction. In response to an action to enforce the standards set forth 
in this subpart, the owner or operator may assert an affirmative defense 
to a claim for civil penalties for violations of such standards that are 
caused by malfunction, as defined at Sec.  63.2. Appropriate penalties 
may be assessed if the owner or operator fails to meet their burden of 
proving all of the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (1) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, the owner or operator 
must timely meet the reporting requirements in paragraph (k)(2) of this 
section, and must prove by a preponderance of evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (iii) The frequency, amount, and duration of the violation 
(including any bypass) were minimized to the maximum extent practicable; 
and
    (iv) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
violation

[[Page 289]]

on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the violation were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (2) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator, with all 
necessary supporting documentation, that explains how it has met the 
requirements set forth in paragraph (k)(1) of this section. This 
affirmative defense report shall be included in the first periodic 
compliance report, deviation report, or excess emission report otherwise 
required after the initial occurrence of the violation of the relevant 
standard (which may be the end of any applicable averaging period). If 
such compliance report, deviation report, or excess emission report is 
due less than 45 days after the initial occurrence of the violation, the 
affirmative defense report may be included in the second compliance 
report, deviation report, or excess emission report due after the 
initial occurrence of the violation of the relevant standard.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38094, June 19, 2000; 
66 FR 36937, July 16, 2001; 71 FR 20460, Apr. 20, 2006; 79 FR 17363, 
Mar. 27, 2014]



Sec.  63.1311  Compliance dates and relationship of this subpart to
existing applicable rules.

    (a) Affected sources are required to achieve compliance on or before 
the dates specified in paragraphs (b) through (d) of this section. 
Paragraph (e) of this section provides information on requesting 
compliance extensions. Paragraphs (f) through (n) of this section 
discuss the relationship of this subpart to subpart A of this part and 
to other applicable rules. Where an override of another authority of the 
Act is indicated in this subpart, only compliance with the provisions of 
this subpart is required. Paragraph (o) of this section specifies the 
meaning of time periods.
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart (except Sec.  63.1331(a)(9)(iii)) upon initial start-up or by 
June 19, 2000, whichever is later, except that new affected sources 
whose primary product, as determined using the procedures specified in 
Sec.  63.1310(f), is PET shall be in compliance with Sec.  63.1331 
(except Sec.  63.1331(a)(9)(iii)) upon initial start-up or August 6, 
2002, whichever is later. New affected sources that commenced 
construction or reconstruction after March 25, 1995, but on or before 
January 9, 2012, shall be in compliance with the pressure relief device 
monitoring requirements of Sec.  63.1331(a)(9)(iii) no later than March 
27, 2017. New affected sources that commenced construction or 
reconstruction after January 9, 2012, shall be in compliance with the 
pressure relief device monitoring requirements of Sec.  
63.1331(a)(9)(iii) upon initial startup or by March 27, 2014, whichever 
is later.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec.  63.1331 for which compliance is covered by 
paragraph (d) of this section) no later than June 19, 2001, as provided 
in Sec.  63.6(c), unless an extension has been granted as specified in 
paragraph (e) of this section, except that the compliance date for the 
provisions contained in Sec.  63.1329 is extended to March 27, 2014, for 
existing affected

[[Page 290]]

sources whose primary product, as determined using the procedures 
specified in Sec.  63.1310(f), is PET using a continuous terephthalic 
acid high viscosity multiple end finisher process.
    (d) Except as provided for in paragraphs (d)(1) through (7) of this 
section, existing affected sources shall be in compliance with Sec.  
63.1331 no later than June 19, 2001, unless an extension has been 
granted pursuant to paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec.  63.164 shall 
occur no later than February 27, 1998, for any compressor meeting one or 
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this 
section, if the work can be accomplished without a process unit 
shutdown:
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor will be modified to permit connecting the 
compressor to a fuel gas system or a closed vent system or modified so 
that emissions from the compressor can be routed to a process.
    (2) Compliance with the compressor provisions of Sec.  63.164 shall 
occur no later than March 12, 1998 for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section:
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown ;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate Environmental Protection Agency (EPA) 
Regional Office at the address listed in Sec.  63.13 no later than June 
16, 1997. The request for a compliance extension shall contain the 
information specified in Sec.  63.6(i)(6)(i)(A), (B), and (D). Unless 
the EPA Regional Office objects to the request for a compliance 
extension within 30 days after receipt of the request, the request shall 
be deemed approved.
    (3) If compliance with the compressor provisions of Sec.  63.164 
cannot reasonably be achieved without a process unit shutdown, the owner 
or operator shall achieve compliance no later than September 12, 1998. 
The owner or operator who elects to use this provision shall submit a 
request for a compliance extension in accordance with the requirements 
of paragraph (d)(2)(iv) of this section.
    (4) Compliance with the compressor provisions of Sec.  63.164 shall 
occur not later than September 12, 1999 for any compressor meeting one 
or more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of 
this section. The owner or operator who elects to use these provisions 
shall submit a request for an extension of compliance in accordance with 
the requirements of paragraph (d)(2)(iv) of this section.
    (i) Compliance cannot be achieved without replacing the compressor;
    (ii) Compliance cannot be achieved without recasting the distance 
piece; or
    (iii) Design modifications are required to connect to a closed-vent 
or recovery system.
    (5) Compliance with the provisions of Sec.  63.170 shall occur no 
later than June 19, 2001.
    (6) Notwithstanding paragraphs (d)(1) through (5) of this section, 
existing affected sources whose primary product, as determined using the 
procedures specified in Sec.  63.1310(f), is PET shall be in compliance 
with Sec.  63.1331 (except Sec.  63.1331(a)(9)(iii)) no later than 
August 6, 2002.
    (7) Compliance with the pressure relief device monitoring provisions 
of Sec.  63.1331(a)(9)(iii) shall occur no later than March 27, 2017.
    (e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing affected source 
up to 1 additional year to comply with Section 112(d) standards. For 
purposes of this subpart, a request for an extension shall be submitted 
to the permitting authority as part of the operating permit application 
or to the Administrator as a separate submittal or as part of the

[[Page 291]]

Precompliance Report. Requests for extensions shall be submitted no 
later than 120 days prior to the compliance dates specified in 
paragraphs (b) through (d) of this section, or as specified elsewhere in 
this subpart, except as provided in paragraph (e)(3) of this section. 
The dates specified in Sec.  63.6(i) for submittal of requests for 
extensions shall not apply to this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec.  63.6(i)(6)(i) (A),(B), and (D).
    (2) The requirements in Sec.  63.6(i)(8) through Sec.  63.6(i)(14) 
shall govern the review and approval of requests for extensions of 
compliance with this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided that 
the need for the compliance extension arose after that date, and the 
need arose due to circumstances beyond reasonable control of the owner 
or operator. This request shall include, in addition to the information 
specified in paragraph (e)(1) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
compliance extension under this paragraph (e)(3).
    (f) Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of affected sources subject to this subpart.
    (g)(1) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of subpart I of this part, is required to comply only with 
the provisions of this subpart. After the compliance dates specified in 
this section, said affected source shall no longer be subject to subpart 
I of this part.
    (2) Said affected sources that elected to comply with subpart I of 
this part through a quality improvement program, as specified in Sec.  
63.175 or Sec.  63.176 or both, may elect to continue these programs 
without interruption as a means of complying with this subpart. In other 
words, becoming subject to this subpart does not restart or reset the 
``compliance clock'' as it relates to reduced burden earned through a 
quality improvement program.
    (h) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
and that is also subject to the provisions of 40 CFR part 60, subpart 
Kb, is required to comply only with the provisions of this subpart. 
After the compliance dates specified in this section, said storage 
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
    (i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this 
section, after the compliance dates specified in this section, affected 
sources producing PET using a continuous terephthalic acid process, 
producing PET using a continuous dimethyl terephthalate process, or 
producing polystyrene resin using a continuous process subject to this 
subpart that are also subject to the provisions of 40 CFR part 60, 
subpart DDD, are required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, said 
sources shall no longer be subject to 40 CFR part 60, subpart DDD.
    (2) Existing affected sources producing PET using a continuous 
terephthalic acid high viscosity multiple end finisher process shall 
continue to be subject to 40 CFR 60.562-1(c)(2)(ii)(C). Once said 
affected source becomes subject to and achieves compliance with Sec.  
63.1329(c) of this subpart, said affected source is no longer subject to 
the provisions of 40 CFR part 60, subpart DDD.
    (3) Existing affected sources producing PET using a continuous 
terephthalic acid process, but not using a continuous terephthalic acid 
high viscosity multiple end finisher process, that are subject to and 
complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply 
with said section. Existing affected sources producing PET using a 
continuous dimethyl terephthalic process that are subject to and 
complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply 
with said section.
    (j) Owners or operators of affected sources subject to this subpart 
that are also subject to the provisions of subpart Q of this part shall 
comply with both subparts.

[[Page 292]]

    (k) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, is required to comply only 
with the provisions of this subpart. After the compliance dates 
specified in this section, said source shall no longer be subject to 40 
CFR part 60, subpart VV.
    (l) After the compliance dates specified in this section, a 
distillation operation that is assigned to an affected source subject to 
this subpart that is also subject to the provisions of 40 CFR part 60, 
subpart NNN, is required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, the 
distillation operation shall no longer be subject to 40 CFR part 60, 
subpart NNN.
    (m) Applicability of other regulations for monitoring, recordkeeping 
or reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in this subpart, 
if any combustion device, recovery device or recapture device subject to 
this subpart is also subject to monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 264 subpart AA or CC, or is subject to 
monitoring and recordkeeping requirements in 40 CFR part 265 subpart AA 
or CC and the owner or operator complies with the periodic reporting 
requirements under 40 CFR part 264 subpart AA or CC that would apply to 
the device if the facility had final-permitted status, the owner or 
operator may elect to comply either with the monitoring, recordkeeping 
and reporting requirements of this subpart, or with the monitoring, 
recordkeeping and reporting requirements in 40 CFR parts 264 and/or 265, 
as described in this paragraph, which shall constitute compliance with 
the monitoring, recordkeeping and reporting requirements of this 
subpart. The owner or operator shall identify which option has been 
selected in the Notification of Compliance Status required by Sec.  
63.1335(e)(5).
    (n) Applicability of other requirements for heat exchange systems or 
waste management units. Paragraphs (n)(1) and (n)(2) of this section 
address instances in which certain requirements from other regulations 
also apply for the same heat exchange system(s) or waste management 
unit(s) that are subject to this subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraphs (n)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraphs (n)(1)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that heat 
exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part which requires compliance with Sec.  
63.104 (e.g., subpart U of this part).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (n)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (n)(2)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
waste management unit.
    (i) Subpart G of this part.
    (ii) A subpart of this part which requires compliance with 
Sec. Sec.  63.132 through 63.147.
    (o) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, annual), 
unless specified otherwise in the section or paragraph that imposes the 
requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner or operator and the Administrator, as 
specified in subpart A of this part (e.g., a period could begin on the 
compliance date or another date, rather than on the first day of the 
standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.

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    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraphs (o)(2)(i) or (o)(2)(ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.

[61 FR 48229, Sept. 12, 1996, as amended at 62 FR 1838, Jan. 14, 1997; 
62 FR 30995, June 6, 1997; 63 FR 9945, Feb. 27, 1998; 63 FR 15315, Mar. 
31, 1998; 64 FR 11547, Mar. 9, 1999; 64 FR 30409, June 8, 1999; 64 FR 
35028, June 30, 1999; 65 FR 38100, June 19, 2000; 66 FR 11236, Feb. 23, 
2001; 66 FR 11546, Feb. 26, 2001; 66 FR 36937, July 16, 2001; 66 FR 
40907, Aug. 6, 2001; 79 FR 17364, Mar. 27, 2014]



Sec.  63.1312  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in Sec.  63.2, Sec.  63.101, Sec.  63.111, Sec.  63.161, or 
the Act, as specified after each term:

Act (Sec.  63.2)
Administrator (Sec.  63.2)
Automated monitoring and recording system (Sec.  63.111)
Boiler (Sec.  63.111)
Bottoms receiver (Sec.  63.161)
By compound (Sec.  63.111)
By-product (Sec.  63.101)
Car-seal (Sec.  63.111)
Closed-vent system (Sec.  63.111)
Combustion device (Sec.  63.111)
Commenced (Sec.  63.2)
Compliance date (Sec.  63.2)
Connector (Sec.  63.161)
Continuous monitoring system (Sec.  63.2)
Distillation unit (Sec.  63.111)
Duct work (Sec.  63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec.  63.2)
Emissions averaging (Sec.  63.2)
EPA (Sec.  63.2)
Equipment leak (Sec.  63.101)
External floating roof (Sec.  63.111)
Fill or filling (Sec.  63.111)
First attempt at repair (Sec.  63.161)
Fixed capital cost (Sec.  63.2)
Flame zone (Sec.  63.111)
Floating roof (Sec.  63.111)
Flow indicator (Sec.  63.111)
Fuel gas system (Sec.  63.101)
Halogens and hydrogen halides (Sec.  63.111)
Hard-piping (Sec.  63.111)
Hazardous air pollutant (Sec.  63.2)
Impurity (Sec.  63.101)
In organic hazardous air pollutant service or in organic HAP service 
(Sec.  63.161)
Incinerator (Sec.  63.111)
Instrumentation system (Sec.  63.161)
Internal floating roof (Sec.  63.111)
Lesser quantity (Sec.  63.2)
Major source (Sec.  63.2)
Malfunction (Sec.  63.2)
Oil-water separator or organic-water separator (Sec.  63.111)
Open-ended valve or line (Sec.  63.161)
Operating permit (Sec.  63.101)
Organic monitoring device (Sec.  63.111)
Owner or operator (Sec.  63.2)
Performance evaluation (Sec.  63.2)
Performance test (Sec.  63.2)
Permitting authority (Sec.  63.2)
Plant site (Sec.  63.101)
Potential to emit (Sec.  63.2)
Pressure release (Sec.  63.161)
Pressure relief device or valve (Sec.  63.161)
Primary fuel (Sec.  63.111)
Process heater (Sec.  63.111)
Process unit shutdown (Sec.  63.161)
Process wastewater (Sec.  63.101)
Process wastewater stream (Sec.  63.111)
Reactor (Sec.  63.111)
Recapture device (Sec.  63.101)
Repaired (Sec.  63.161)
Research and development facility (Sec.  63.101)
Routed to a process or route to a process (Sec.  63.161)
Run (Sec.  63.2)
Secondary fuel (Sec.  63.111)
Sensor (Sec.  63.161)
Specific gravity monitoring device (Sec.  63.111)
State (Sec.  63.2)
Stationary Source (Sec.  63.2)
Surge control vessel (Sec.  63.161)
Temperature monitoring device (Sec.  63.111)
Test method (Sec.  63.2)
Treatment process (Sec.  63.111)
Unit operation (Sec.  63.101)
Visible emission (Sec.  63.2)


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    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in Sec.  63.2, Sec.  
63.101, Sec.  63.111, or Sec.  63.161 and in this section, it shall have 
the meaning given in this section for purposes of this subpart.
    Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS 
produced through an emulsion process; however, the product is not 
coagulated or dried as typically occurs in an emulsion process.
    Acrylonitrile butadiene styrene resin (ABS) means styrenic 
terpolymers consisting primarily of acrylonitrile, 1,3-butadiene, and 
styrene monomer units. ABS is usually composed of a styrene-
acrylonitrile copolymer continuous phase with dispersed butadiene 
derived rubber.
    Acrylonitrile styrene acrylate resin (ASA) means a resin formed 
using acrylic ester-based elastomers to impact-modify styrene 
acrylonitrile resin matrices.
    Affected source is defined in Sec.  63.1310(a).
    Affirmative defense means in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch process vents that 
are ducted, hardpiped, or otherwise connected together for a continuous 
flow.
    Alpha methyl styrene acrylonitrile resin (AMSAN) means copolymers 
consisting primarily of alpha methyl styrene and acrylonitrile.
    Annual average batch vent concentration is determined using Equation 
1, as described in Sec.  63.1323(h)(2) for halogenated compounds.
    Annual average batch vent flow rate is determined by the procedures 
in Sec.  63.1323(e)(3).
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec.  63.144(b), with the 
exceptions noted in Sec.  63.1330, for the purposes of this subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec.  63.144(c), with the exceptions noted in 
Sec.  63.1330, for the purposes of this subpart.
    Average batch vent concentration is determined by the procedures in 
Sec.  63.1323(b)(5)(iii) for HAP concentrations and is determined by the 
procedures in Sec.  63.1323(h)(1)(iii) for organic compounds containing 
halogens and hydrogen halides.
    Average batch vent flow rate is determined by the procedures in 
Sec.  63.1323(e)(1) and (e)(2).
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch mass input limitation means an enforceable restriction on the 
total mass of HAP or material that can be input to a batch unit 
operation in one year.
    Batch mode means the discontinuous bulk movement of material through 
a unit operation. Mass, temperature, concentration, and other properties 
may vary with time. For a unit operation operated in a batch mode (i.e., 
batch unit operation), the addition of material and withdrawal of 
material do not typically occur simultaneously.
    Batch process means, for the purposes of this subpart, a process 
where the reactor(s) is operated in a batch mode.
    Batch process vent means a process vent with annual organic HAP 
emissions greater than 225 kilograms per year from a batch unit 
operation within an affected source. Annual organic HAP emissions are 
determined as specified in Sec.  63.1323(b) at the location specified in 
Sec.  63.1323(a)(2).
    Batch unit operation means a unit operation operated in a batch 
mode.
    Combined vent stream, as used in reference to batch process vents, 
continuous process vents, and aggregate

[[Page 295]]

batch vent streams, means the emissions from a combination of two or 
more of the aforementioned types of process vents. The primary 
occurrence of a combined vent stream is the combined emissions from a 
continuous process vent and a batch process vent.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    Compounding unit means a unit operation which blends, melts, and 
resolidifies solid polymers for the purpose of incorporating additives, 
colorants, or stabilizers into the final thermoplastic product. A unit 
operation whose primary purpose is to remove residual monomers from 
polymers is not a compounding unit.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or combination 
of process units which subsequently becomes an affected source or part 
of an affected source, due to a change in primary product.
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process means, for the purposes of this subpart, a 
process where the reactor(s) is operated in a continuous mode.
    Continuous process vent means a process vent containing greater than 
0.005 weight percent total organic HAP from a continuous unit operation 
within an affected source. The total organic HAP weight percent is 
determined after the last recovery device, as described in Sec.  
63.115(a), and is determined as specified in Sec.  63.115(c).
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec.  63.1335(d) or 
Sec.  63.1335(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1-hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device is defined in Sec.  63.111, except that the term 
``continuous process vents subject to Sec.  63.1315'' shall apply 
instead of the term ``process vents,'' for the purpose of this subpart.
    Drawing unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then pulling it 
through an orifice to create a continuously extruded product.
    Emission point means an individual continuous process vent, batch 
process vent, storage vessel, waste management unit, equipment leak, 
heat exchange system, or process contact cooling tower, or equipment 
subject to Sec.  63.149.
    Emulsion process means a process where the monomer(s) is dispersed 
in droplets throughout the water phase with the aid of an emulsifying 
agent such as soap or a synthetic emulsifier. The polymerization occurs 
either within the emulsion droplet or in the aqueous phase.
    Equipment means, for the purposes of the provisions in Sec.  63.1331 
and the requirements in subpart H that are referred to in Sec.  63.1331, 
each pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, valve, connector, surge 
control vessel, bottoms receiver, and instrumentation system in organic 
hazardous air pollutant service; and any control devices or systems 
required by subpart H of this part.
    Existing affected source is defined in Sec.  63.1310(a)(3).
    Existing process unit means any process unit that is not a new 
process unit.
    Expandable polystyrene resin (EPS) means a polystyrene bead to which 
a blowing agent has been added using either an in-situ suspension 
process or a post-impregnation suspension process.
    Extruding unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then forcing it 
through an

[[Page 296]]

orifice to create a continuously extruded product.
    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Group 1 batch process vent means a batch process vent releasing 
annual organic HAP emissions greater than the level specified in Sec.  
63.1323(d) and with a cutoff flow rate, calculated in accordance with 
Sec.  63.1323(f), greater than or equal to the annual average batch vent 
flow rate. Annual organic HAP emissions and annual average batch vent 
flow rate are determined at the exit of the batch unit operation, as 
described in Sec.  63.1323(a)(2). Annual organic HAP emissions are 
determined as specified in Sec.  63.1323(b), and annual average batch 
vent flow rate is determined as specified in Sec.  63.1323(e).
    Group 2 batch process vent means a batch process vent that does not 
fall within the definition of a Group 1 batch process vent.
    Group 1 continuous process vent means a continuous process vent 
releasing a gaseous emission stream that has a total resource 
effectiveness index value, calculated according to Sec.  63.115, less 
than or equal to 1.0 unless the continuous process vent is associated 
with existing thermoplastic product process units that produce methyl 
methacrylate butadiene styrene resin, then said vent falls within the 
Group 1 definition if the released emission stream has a total resource 
effectiveness index value less than or equal to 3.7.
    Group 2 continuous process vent means a continuous process vent that 
does not fall within the definition of a Group 1 continuous process 
vent.
    Group 1 storage vessel means a storage vessel at an existing 
affected source that meets the applicability criteria specified in Table 
2 or Table 3 of this subpart, or a storage vessel at a new affected 
source that meets the applicability criteria specified in Table 4 or 
Table 5 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater from an existing or new affected source that meets 
the criteria for Group 1 status in Sec.  63.132(c) and/or that meets the 
criteria for Group 1 status in Sec.  63.132(d), with the exceptions 
listed in Sec.  63.1330(b)(8) for the purposes of this subpart (i.e., 
for organic HAP as defined in this section).
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated aggregate batch vent stream means an aggregate batch 
vent stream determined to have a total mass emission rate of halogen 
atoms contained in organic compounds of 3,750 kilograms per year or 
greater determined by the procedures specified in Sec.  63.1323(h).
    Halogenated batch process vent means a batch process vent determined 
to have a mass emission rate of halogen atoms contained in organic 
compounds of 3,750 kilograms per year or greater determined by the 
procedures specified in Sec.  63.1323(h).
    Halogenated continuous process vent means a continuous process vent 
determined to have a mass emission rate of halogen atoms contained in 
organic compounds of 0.45 kilograms per hour or greater determined by 
the procedures specified in Sec.  63.115(d)(2)(v).
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and intended 
to operate to not allow contact between the cooling medium and process 
fluid or gases (i.e., a noncontact system). A heat exchange system can 
include more than one heat exchanger and can include recirculating or 
once-through cooling systems.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
    Initial start-up means the first time a new or reconstructed 
affected source begins production of a thermoplastic product, or, for 
equipment added or changed as described in Sec.  63.1310(i), the first 
time the equipment is put into operation to produce a thermoplastic

[[Page 297]]

product. Initial start-up does not include operation solely for testing 
equipment. Initial start-up does not include subsequent start-ups of an 
affected source or portion thereof following malfunctions or shutdowns 
or following changes in product for flexible operation units or 
following recharging of equipment in batch operation. Further, for 
purposes of Sec.  63.1311 and Sec.  63.1331, initial start-up does not 
include subsequent start-ups of affected sources or portions thereof 
following malfunctions or process unit shutdowns.
    Maintenance wastewater is defined in Sec.  63.101, except that the 
term ``thermoplastic product process unit'' shall apply wherever the 
term ``chemical manufacturing process unit'' is used. Further, the 
generation of wastewater from the routine rinsing or washing of 
equipment in batch operation between batches is not maintenance 
wastewater, but is considered to be process wastewater, for the purposes 
of this subpart.
    Mass process means a polymerization process carried out through the 
use of thermal energy. Mass processes do not utilize emulsifying or 
suspending agents, but may utilize catalysts or other additives.
    Material recovery section means, for PET plants, the equipment that 
recovers by-product methanol from any process section for use, reuse, or 
sale, or the equipment that separates materials containing by-product 
methanol from any process section for off-site purification or treatment 
with the intent to recover methanol for reuse. For polystyrene plants, 
material recovery section means the equipment that recovers unreacted 
styrene from any process section for use, reuse, or sale, or the 
equipment that separates materials containing unreacted styrene from any 
process section for off-site purification or treatment with the intent 
to recover styrene for reuse. Equipment used to store recovered 
materials (i.e., ethylene glycol, methanol, or styrene) is not included. 
Equipment designed to recover or separate materials from the polymer 
product is to be included in this process section, provided that at the 
time of initial compliance some of the unreacted or by-product material 
is recovered for return to the TPPU, or sale, or provided that some of 
the separated material is sent for off-site purification or treatment 
with the intent to recover the unreacted or by-product material for 
reuse. Otherwise, such equipment is to be assigned to one of the other 
process sections, as appropriate. If equipment is used to recover 
unreacted or by-product material and return it directly to the same 
piece of process equipment from which it was emitted, then that recovery 
equipment is considered part of the process section that contains the 
process equipment. On the other hand, if equipment is used to recover 
unreacted or by-product material and return it to a different piece of 
process equipment in the same process section, that recovery equipment 
is considered part of a material recovery section. Equipment used for 
the on-site recovery of ethylene glycol from PET plants, however, is not 
included in the material recovery section; such equipment is to be 
included in the polymerization reaction section. Equipment used for the 
on-site recovery of both ethylene glycol and any other materials from 
PET plants is not included in the material recovery section; this 
equipment is to be included in the polymerization reaction section. Such 
equipment includes both contact and non-contact condensers removing 
ethylene glycol from vapor streams coming out of polymerization vessels.
    Maximum true vapor pressure is defined in Sec.  63.111, except that 
the terms ``transfer'' or ``transferred'' shall not apply for purposes 
of this subpart.
    Methyl methacrylate acrylonitrile butadiene styrene resin (MABS) 
means styrenic polymers containing methyl methacrylate, acrylonitrile, 
butadiene, and styrene. MABS is prepared by dissolving or dispersing 
polybutadiene rubber in a mixture of methyl methacrylate-acrylonitrile-
styrene and butadiene monomer. The graft polymerization is carried out 
by a bulk or a suspension process.
    Methyl methacrylate butadiene styrene resin (MBS) means styrenic 
polymers containing methyl methacrylate, butadiene, and styrene. 
Production of MBS is achieved using an emulsion process

[[Page 298]]

in which methyl methacrylate and styrene are grafted onto a styrene-
butadiene rubber.
    Multicomponent system means, as used in conjunction with batch 
process vents, a stream whose liquid and/or vapor contains more than one 
compound.
    New process unit means a process unit for which the construction or 
reconstruction commenced after March 29, 1995.
    Nitrile resin means a resin produced through the polymerization of 
acrylonitrile, methyl acrylate, and butadiene latex using an emulsion 
process.
    On-site or On site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or TPPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec.  63.1335(e)(5). 
The operating day is the period for which daily average monitoring 
values and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 6 of this subpart or any other chemical 
which is:
    (1) Knowingly produced or introduced into the manufacturing process 
other than as an impurity; and
    (2) Listed in Table 2 of subpart F of this part.
    PET using a dimethyl terephthalate process means the manufacturing 
of PET based on the esterification of dimethyl terephthalate with 
ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
    PET using a terephthalic acid process means the manufacturing of PET 
based on the esterification reaction of terephthalic acid with ethylene 
glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
    Poly(ethylene terephthalate) resin (PET) means a polymer or 
copolymer comprised of at least 50 percent bis-(2-hydroxyethyl)-
terephthalate by weight.
    Polymerization reaction section means the equipment designed to 
cause monomer(s) to react to form polymers, including equipment designed 
primarily to cause the formation of short polymer chains (e.g., 
oligomers or low molecular weight polymers), but not including equipment 
designed to prepare raw materials for polymerization (e.g., 
esterification vessels). For the purposes of these standards, the 
polymerization reaction section begins with the equipment used to 
transfer the materials from the raw materials preparation section and 
ends with the last vessel in which polymerization occurs. Equipment used 
for the on-site recovery of ethylene glycol from PET plants is included 
in this process section, rather than in the material recovery process 
section.
    Polystyrene resin means a thermoplastic polymer or copolymer 
comprised of at least 80 percent styrene or para-methylstyrene by 
weight.
    Primary product is defined in and determined by the procedures 
specified in Sec.  63.1310(f).
    Process contact cooling tower system means a cooling tower system 
that is designed and operated to allow contact between the cooling 
medium and process fluid or gases.
    Process section means the equipment designed to accomplish a general 
but well-defined task in polymers production. Process sections include, 
but are not limited to, raw materials preparation, polymerization 
reaction, and material recovery. A process section may be dedicated to a 
single TPPU or common to more than one TPPU.
    Process unit means a collection of equipment assembled and connected 
by hardpiping or duct work, used to process raw materials and to 
manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
that is discharged to the atmosphere either directly or after passing 
through one or more control, recovery, or recapture

[[Page 299]]

devices. Unit operations that may have process vents are condensers, 
distillation units, reactors, or other unit operations within the TPPU. 
Process vents exclude pressure releases, gaseous streams routed to a 
fuel gas system(s), and leaks from equipment regulated under Sec.  
63.1331. A gaseous emission stream is no longer considered to be a 
process vent after the stream has been controlled and monitored in 
accordance with the applicable provisions of this subpart.
    Product means a polymer produced using the same monomers and varying 
in additives (e.g., initiators, terminators, etc.); catalysts; or in the 
relative proportions of monomers, that is manufactured by a process 
unit. With respect to polymers, more than one recipe may be used to 
produce the same product. As an example, styrene acrylonitrile resin and 
methyl methacrylate butadiene styrene resin each represent a different 
product. Product also means a chemical that is not a polymer, that is 
manufactured by a process unit. By-products, isolated intermediates, 
impurities, wastes, and trace contaminants are not considered products.
    Raw materials preparation section means the equipment at a polymer 
manufacturing plant designed to prepare raw materials, such as monomers 
and solvents, for polymerization. For the purposes of the standards in 
this subpart, this process section includes the equipment used to 
transfer raw materials from storage and/or the equipment used to 
transfer recovered material from the material recovery process sections 
to the raw material preparation section, and ends with the last piece of 
equipment that prepares the material for polymerization. The raw 
materials preparation section may include equipment that is used to 
purify, dry, or otherwise treat raw materials or raw and recovered 
materials together; to activate catalysts; or to promote esterification 
including the formation of some short polymer chains (oligomers). The 
raw materials preparation section does not include equipment that is 
designed primarily to accomplish the formation of oligomers, the 
treatment of recovered materials alone, or the storage of raw or 
recovered materials.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers and, 
if present, other reactants and additives that are used to make the 
recipe. For example, acrylonitrile butadiene styrene latex resin (ABS 
latex) without additives; ABS latex with an additive; and ABS latex with 
different proportions of acrylonitrile to butadiene are all different 
recipes of the same product, ABS latex.
    Reconstruction means the replacement of components of an affected 
source or of a previously unaffected stationary source that becomes an 
affected source as a result of the replacement, to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means:
    (1) An individual unit of equipment capable of and normally used for 
the purpose of recovering chemicals for:
    (i) Use;
    (ii) Reuse;
    (iii) Fuel value (i.e., net heating value); or
    (iv) For sale for use, reuse, or fuel value (i.e., net heating 
value).
    (2) Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment and recovery or recapture devices used as control 
devices shall not be considered recovery operations equipment.

[[Page 300]]

    Residual is defined in Sec.  63.111, except that when the definition 
in Sec.  63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 6 of subpart JJJ'' shall apply for purposes of this 
subpart.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, a TPPU(s) within an affected source, a 
waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec.  63.1330, shutdown does not include the routine 
rinsing or washing of equipment in batch operation between batches. For 
purposes of the batch process vent provisions in Sec. Sec.  63.1321 
through 63.1327, the cessation of equipment in batch operation is not a 
shutdown, unless the equipment undergoes maintenance, is replaced, or is 
repaired.
    Solid state polymerization process means a unit operation which, 
through the application of heat, furthers the polymerization (i.e., 
increases the intrinsic viscosity) of polymer chips.
    Start-up means the setting into operation of an affected source, a 
TPPU(s) within an affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch processes, start-up includes 
initial start-up and operation solely for testing equipment. For both 
continuous and batch processes, start-up does not include the recharging 
of equipment in batch operation. For continuous processes, start-up 
includes transitional conditions due to changes in product for flexible 
operation units. For batch processes, start-up does not include 
transitional conditions due to changes in product for flexible operation 
units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only;
    (5) Wastewater storage tanks; and
    (6) Surge control vessels and bottoms receivers.
    Styrene acrylonitrile resin (SAN) means copolymers consisting 
primarily of styrene and acrylonitrile monomer units.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is part 
of the vent stream as a result of the nature of the unit operation is 
not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic oxidizers, 
to include the intermittent addition of air upstream of the catalyst bed 
to maintain a minimum threshold flow rate through the catalyst bed or to 
avoid excessive temperatures in the catalyst bed, is not considered to 
be supplemental combustion air.
    Suspension process means a polymerization process where the 
monomer(s) is in a state of suspension, with the help of suspending 
agents, in a medium other than water (typically an organic solvent). The 
resulting polymers are not soluble in the reactor medium.
    Thermoplastic product means one of the following types of products:
    (1) ABS latex;
    (2) ABS using a batch emulsion process;
    (3) ABS using a batch suspension process;
    (4) ABS using a continuous emulsion process;
    (5) ABS using a continuous mass process;
    (6) ASA/AMSAN;

[[Page 301]]

    (7) EPS;
    (8) MABS;
    (9) MBS;
    (10) nitrile resin;
    (11) PET using a batch dimethyl terephthalate process;
    (12) PET using a batch terephthalic acid process;
    (13) PET using a continuous dimethyl terephthalate process;
    (14) PET using a continuous terephthalic acid process;
    (15) PET using a continuous terephthalic acid high viscosity 
multiple end finisher process;
    (16) Polystyrene resin using a batch process;
    (17) Polystyrene resin using a continuous process;
    (18) SAN using a batch process; or
    (19) SAN using a continuous process.
    Thermoplastic product process unit (TPPU) means a collection of 
equipment assembled and connected by hard-piping or ductwork, used to 
process raw materials and to manufacture a thermoplastic product as its 
primary product. This collection of equipment includes unit operations; 
recovery operations equipment, process vents; equipment identified in 
Sec.  63.149; storage vessels, as determined in Sec.  63.1310(g); and 
the equipment that is subject to the equipment leak provisions as 
specified in Sec.  63.1331. Utilities, lines and equipment not 
containing process fluids, and other non-process lines, such as heating 
and cooling systems which do not combine their materials with those in 
the processes they serve, are not part of the thermoplastic product 
process unit. A thermoplastic product process unit consists of more than 
one unit operation.
    Total organic compounds (TOC) means those compounds excluding 
methane and ethane measured according to the procedures of Method 18 or 
Method 25A, 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction organic HAP associated with a continuous process vent stream, 
based on vent stream flow rate, emission rate of organic HAP, net 
heating value, and corrosion properties (whether or not the continuous 
process vent stream contains halogenated compounds), as quantified by 
the equations given under Sec.  63.115.
    Vent stream, as used in reference to batch process vents, continuous 
process vents, and aggregate batch vent streams, means the emissions 
from one or more process vents.
    Waste management unit is defined in Sec.  63.111, except that where 
the definition in Sec.  63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``TPPU'' shall apply for purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed on Table 6 
of this subpart, except for ethylene glycol, of at least 5 parts per 
million by weight and has an annual average flow rate of 0.02 liter per 
minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
6 of this subpart, except for ethylene glycol, of at least 10,000 parts 
per million by weight at any flow rate; and
    (2) Is discarded from a TPPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.
    Wastewater stream means a stream that contains wastewater as defined 
in this section.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 
65 FR 38102, June 19, 2000; 66 FR 36937, July 16, 2001; 79 FR 17364, 
Mar. 27, 2014]



Sec.  63.1313  Emission standards.

    (a) Except as allowed under paragraphs (b) through (d) of this 
section, the owner or operator of an existing or new affected source 
shall comply with the provisions in:
    (1) Section 63.1314 for storage vessels;
    (2) Section 63.1315, or Sec. Sec.  63.1316 through 63.1320, as 
appropriate, for continuous process vents;
    (3) Section 63.1321 for batch process vents;
    (4) Section 63.1328 for heat exchange systems;
    (5) Section 63.1329 for process contact cooling towers;
    (6) Section 63.1330 for wastewater;
    (7) Section 63.1331 for equipment leaks;

[[Page 302]]

    (8) Section 63.1333 for additional test methods and procedures;
    (9) Section 63.1334 for parameter monitoring levels and excursions; 
and
    (10) Section 63.1335 for general recordkeeping and reporting 
requirements.
    (b) When emissions of different kinds (i.e., emissions from 
continuous process vents subject to either Sec.  63.1315 or Sec. Sec.  
63.1316 through 63.1320, batch process vents, aggregate batch vent 
streams, storage vessels, process wastewater, and/or in-process 
equipment subject to Sec.  63.149) are combined, and at least one of the 
emission streams would be classified as Group 1 in the absence of 
combination with other emission streams, the owner or operator shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section, as appropriate. For purposes of this paragraph (b), 
combined emission streams containing one or more batch process vents and 
containing one or more continuous process vents subject to Sec.  
63.1315, Sec.  63.1316(b)(1)(i)(A), Sec.  63.1316(b)(1)(ii), Sec.  
63.1316(b)(2)(i), Sec.  63.1316(b)(2)(ii), or Sec.  63.1316(c)(1), 
excluding Sec.  63.1316(c)(1)(ii), may comply with either paragraph 
(b)(1) or (b)(2) of this section, as appropriate. For purposes of this 
paragraph (b), the owner or operator of an affected source with combined 
emission streams containing one or more batch process vents but not 
containing one or more continuous process vents subject to Sec.  
63.1315, Sec.  63.1316(b)(1)(i)(A), Sec.  63.1316(b)(1)(ii), Sec.  
63.1316(b)(2)(i), Sec.  63.1316(b)(2)(ii), or Sec.  63.1316(c)(1), 
excluding Sec.  63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of 
this section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emission in the stream as specified in paragraphs (a)(1) through 
(a)(7) of this section.
    (2) Comply with the first set of requirements, identified in 
paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies 
to any individual emission stream that is included in the combined 
stream, where either that emission stream would be classified as Group 1 
in the absence of combination with other emission streams, or the owner 
or operator chooses to consider that emission stream to be Group 1 for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (b)(2)(i) through (b)(2)(vi) of 
this section constitutes compliance with all other requirements in 
paragraphs (b)(2)(i) through (b)(2)(vi) of this section applicable to 
other types of emissions in the combined stream.
    (i) The requirements of this subpart for Group 1 continuous process 
vents subject to Sec.  63.1315, including applicable monitoring, 
recordkeeping, and reporting;
    (ii) The requirements of Sec.  63.1316(b)(1)(i)(A), Sec.  
63.1316(b)(1)(ii), Sec.  63.1316(b)(2)(i), Sec.  63.1316(b)(2)(ii), or 
Sec.  63.1316(c)(1), excluding Sec.  63.1316(c)(1)(ii), as appropriate, 
for control of emissions from continuous process vents subject to the 
control requirements of Sec.  63.1316, including applicable monitoring, 
recordkeeping, and reporting requirements;
    (iii) The requirements of Sec.  63.119(e), as specified in Sec.  
63.1314, for control of emissions from Group 1 storage vessels, 
including applicable monitoring, recordkeeping, and reporting;
    (iv) The requirements of Sec.  63.139, as specified in Sec.  
63.1330, for control devices used to control emissions from waste 
management units, including applicable monitoring, recordkeeping, and 
reporting;
    (v) The requirements of Sec.  63.139, as specified in Sec.  63.1330, 
for closed vent systems for control of emissions from in-process 
equipment subject to Sec.  63.149, as specified in Sec.  63.1330, 
including applicable monitoring, recordkeeping, and reporting; or
    (vi) The requirements of this subpart for aggregate batch vent 
streams subject to Sec.  63.1321(c), including applicable monitoring, 
recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined 
emission streams containing one or more batch process vents but not 
containing one or more continuous process vents subject to Sec.  
63.1315, Sec.  63.1316(b)(1)(i)(A), Sec.  63.1316(b)(1)(ii), Sec.  
63.1316(b)(2)(i), Sec.  63.1316(b)(2)(ii), or Sec.  63.1316(c)(1), 
excluding Sec.  63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i) 
and (b)(3)(ii) of this section.

[[Page 303]]

    (i) The owner or operator of the affected source shall comply with 
Sec.  63.1321 for the batch process vent(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining emission streams.
    (c) Instead of complying with Sec. Sec.  63.1314, 63.1315, 63.1316 
through 63.1320, 63.1321, and 63.1330, the owner or operator of an 
existing affected source may elect to control any or all of the storage 
vessels, batch process vents, aggregate batch vent streams, continuous 
process vents, and wastewater streams and associated waste management 
units within the affected source to different levels using an emissions 
averaging compliance approach that uses the procedures specified in 
Sec.  63.1332. The restrictions concerning which emission points may be 
included in an emissions average, including how many emission points may 
be included, are specified in Sec.  63.1332(a)(1). An owner or operator 
electing to use emissions averaging shall still comply with the 
provisions of Sec. Sec.  63.1314, 63.1315, 63.1316 through 63.1320, 
63.1321, and 63.1330 for affected source emission points not included in 
the emissions average.
    (d) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (c) of this 
section.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38106, June 19, 2000]



Sec.  63.1314  Storage vessel provisions.

    (a) This section applies to each storage vessel that is assigned to 
an affected source, as determined by Sec.  63.1310(g). Except as 
provided in paragraphs (b) through (d) of this section, the owner or 
operator of an affected source shall comply with the requirements of 
Sec. Sec.  63.119 through 63.123 and 63.148 for those storage vessels, 
with the differences noted in paragraphs (a)(1) through (a)(17) of this 
section for the purposes of this subpart.
    (1) When the term ``storage vessel'' is used in Sec. Sec.  63.119 
through 63.123, the definition of this term in Sec.  63.1312 shall apply 
for the purposes of this subpart.
    (2) When the term ``Group 1 storage vessel'' is used in Sec. Sec.  
63.119 through 63.123, the definition of this term in Sec.  63.1312 
shall apply for the purposes of this subpart.
    (3) When the term ``Group 2 storage vessel'' is used in Sec. Sec.  
63.119 through 63.123, the definition of this term in Sec.  63.1312 
shall apply for the purposes of this subpart.
    (4) When the emissions averaging provisions of Sec.  63.150 are 
referred to in Sec. Sec.  63.119 and 63.123, the emissions averaging 
provisions contained in Sec.  63.1332 shall apply for the purposes of 
this subpart.
    (5) When December 31, 1992, is referred to in Sec.  63.119, March 
29, 1995 shall apply instead, for the purposes of this subpart.
    (6) When April 22, 1994, is referred to in Sec.  63.119, June 19, 
2000 shall apply instead, for the purposes of this subpart.
    (7) Each owner or operator of an affected source shall comply with 
this paragraph (a)(7) instead of Sec.  63.120(d)(1)(ii) for the purposes 
of this subpart. If the control device used to comply with Sec.  
63.119(e) is also used to comply with any of the requirements found in 
Sec.  63.1315, Sec.  63.1316, Sec.  63.1322, or Sec.  63.1330, the 
performance test required in or accepted by the applicable requirements 
of Sec. Sec.  63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for 
demonstrating compliance with Sec.  63.119(e) for the purposes of this 
subpart. The owner or operator is not required to prepare a design 
evaluation for the control device as described in Sec.  63.120(d)(1)(i), 
if the performance test meets the criteria specified in paragraphs 
(a)(7)(i) and (a)(7)(ii) of this section.
    (i) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec.  63.119(e)(1) or Sec.  63.119(e)(2), as applicable; 
and
    (ii) The performance test is submitted as part of the Notification 
of Compliance Status required by Sec.  63.1335(e)(5).
    (8) When the term ``range'' is used in Sec. Sec.  63.120(d)(3), 
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead, 
for the purposes of this subpart.
    (9) For purposes of this subpart, the monitoring plan required by

[[Page 304]]

Sec.  63.120(d)(2) shall specify for which control devices the owner or 
operator has selected to follow the procedures for continuous monitoring 
specified in Sec.  63.1334. For those control devices for which the 
owner or operator has selected to not follow the procedures for 
continuous monitoring specified in Sec.  63.1334, the monitoring plan 
shall include a description of the parameter or parameters to be 
monitored to ensure that the control device is being properly operated 
and maintained, an explanation of the criteria used for selection of 
that parameter (or parameters), and the frequency with which monitoring 
will be performed (e.g., when the liquid level in the storage vessel is 
being raised), as specified in Sec.  63.120(d)(2)(i).
    (10) For purposes of this subpart, the monitoring plan required by 
Sec.  63.122(b) shall be included in the Notification of Compliance 
Status required by Sec.  63.1335(e)(5).
    (11) When the Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in Sec. Sec.  63.120, 
63.122, and 63.123, the Notification of Compliance Status requirements 
contained in Sec.  63.1335(e)(5) shall apply for the purposes of this 
subpart.
    (12) When the Periodic Report requirements contained in Sec.  
63.152(c) are referred to in Sec. Sec.  63.120 and 63.122, the Periodic 
Report requirements contained in Sec.  63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (13) When other reports as required in Sec.  63.152(d) are referred 
to in Sec.  63.122, the reporting requirements contained in Sec.  
63.1335(e)(7) shall apply for the purposes of this subpart.
    (14) When the Initial Notification requirements contained in Sec.  
63.151(b) are referred to in Sec.  63.122, the owner or operator of an 
affected source subject to this subpart need not comply for the purposes 
of this subpart.
    (15) When the determination of equivalence criteria in Sec.  
63.102(b) is referred to in Sec.  63.121(a), the provisions in Sec.  
63.6(g) shall apply for the purposes of this subpart.
    (16) When Sec.  63.119(a) requires compliance according to the 
schedule provisions in Sec.  63.100, owners and operators of affected 
sources shall instead comply with the requirements in Sec. Sec.  
63.119(a)(1) through 63.119(a)(4) by the compliance date for storage 
vessels, which is specified in Sec.  63.1311.
    (17) In Sec.  63.120(e)(1), instead of the reference to Sec.  
63.11(b), the requirements of Sec.  63.1333(e) shall apply.
    (b) Owners or operators of Group 1 storage vessels that are assigned 
to a new affected source producing SAN using a continuous process shall 
control emissions to the levels indicated in paragraphs (b)(1) and 
(b)(2) of this section.
    (1) For storage vessels with capacities greater than or equal to 
2,271 cubic meters (m\3\) containing a liquid mixture having a vapor 
pressure greater than or equal to 0.5 kilopascal (kPa) but less than 0.7 
kPa, emissions shall be controlled by at least 90 percent relative to 
uncontrolled emissions.
    (2) For storage vessels with capacities less than 151 m\3\ 
containing a liquid mixture having a vapor pressure greater than or 
equal to 10 kPa, emissions shall be controlled by at least 98 percent 
relative to uncontrolled emissions.
    (3) For all other storage vessels designated as Group 1 storage 
vessels, emissions shall be controlled to the level designated in Sec.  
63.119.
    (c) Owners or operators of Group 1 storage vessels that are assigned 
to a new or existing affected source producing ASA/AMSAN shall control 
emissions by at least 98 percent relative to uncontrolled emissions.
    (d) The provisions of this subpart do not apply to storage vessels 
containing ethylene glycol at existing or new affected sources and 
storage vessels containing styrene at existing affected sources.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 
65 FR 38107, June 19, 2000]



Sec.  63.1315  Continuous process vents provisions.

    (a) For each continuous process vent located at an affected source, 
the owner or operator shall comply with the requirements of Sec. Sec.  
63.113 through 63.118, with the differences noted in paragraphs (a)(1) 
through (19) of this section for the purposes of this subpart, except as 
provided in paragraphs (b) through (e) of this section.

[[Page 305]]

    (1) When the term ``process vent'' is used in Sec. Sec.  63.113 
through 63.118, the term ``continuous process vent,'' and the definition 
of this term in Sec.  63.1312 shall apply for the purposes of this 
subpart.
    (2) When the term ``Group 1 process vent'' is used in Sec. Sec.  
63.113 through 63.118, the term ``Group 1 continuous process vent,'' and 
the definition of this term in Sec.  63.1312 shall apply for the 
purposes of this subpart.
    (3) When the term ``Group 2 process vent'' is used in Sec. Sec.  
63.113 through 63.118, the term ``Group 2 continuous process vent,'' and 
the definition of this term in Sec.  63.1312 shall apply for the 
purposes of this subpart.
    (4) When December 31, 1992 is referred to in Sec.  63.113, apply the 
date March 29, 1995, for the purposes of this subpart.
    (5) When Sec.  63.151(f), alternative monitoring parameters, and 
Sec.  63.152(e), submission of an operating permit, are referred to in 
Sec. Sec.  63.114(c) and 63.117(e), Sec.  63.1335(f), alternative 
monitoring parameters, and Sec.  63.1335(e)(8), submission of an 
operating permit, respectively, shall apply for the purposes of this 
subpart.
    (6) When the Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in Sec. Sec.  63.114, 
63.117, and 63.118, the Notification of Compliance Status requirements 
contained in Sec.  63.1335(e)(5) shall apply for the purposes of this 
subpart.
    (7) When the Periodic Report requirements contained in Sec.  
63.152(c) are referred to in Sec. Sec.  63.117 and 63.118, the Periodic 
Report requirements contained in Sec.  63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (8) When the definition of excursion in Sec.  63.152(c)(2)(ii)(A) is 
referred to in Sec.  63.118(f)(2), the definition of excursion in Sec.  
63.1334(f) of this subpart shall apply for the purposes of this subpart.
    (9) When Sec.  63.114(e) or Sec.  63.117(f) specifies that an owner 
or operator shall submit the information required in Sec.  63.152(b) in 
order to establish the parameter monitoring range, the owner or operator 
of an affected source shall comply with the provisions of Sec.  
63.1335(e)(5) for purposes of reporting information related to 
establishment of the parameter monitoring level for purposes of this 
subpart. Further, the term ``level'' shall apply when the term ``range'' 
is used in Sec. Sec.  63.114, 63.117, and 63.118.
    (10) When reports of process changes are required under Sec.  
63.118(g), (h), (i), or (j), paragraphs (a)(10)(i) through (a)(10)(iv) 
of this section shall apply for the purposes of this subpart. In 
addition, for the purposes of this subpart, paragraph (a)(10)(v) of this 
section applies, and Sec.  63.118(k) does not apply to owners or 
operators of affected sources.
    (i) For the purposes of this subpart, whenever a process change, as 
defined in Sec.  63.115(e), is made that causes a Group 2 continuous 
process vent to become a Group 1 continuous process vent, the owner or 
operator shall submit a report within 180 days after the process change 
is made or with the next Periodic Report, whichever is later. A 
description of the process change shall be submitted with the report of 
the process change, and the owner or operator of the affected source 
shall comply with the Group 1 provisions in Sec. Sec.  63.113 through 
63.118 in accordance with Sec.  63.1310(i)(2)(ii) or (i)(2)(iii), as 
applicable.
    (ii) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 continuous process vent with a TRE greater 
than 4.0 to become a Group 2 continuous process vent with a TRE less 
than 4.0, the owner or operator shall submit a report within 180 days 
after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec.  63.113(d) by the 
dates specified in Sec.  63.1311.
    (iii) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 continuous process vent with a flow rate less 
than 0.005 standard cubic meter per minute to become a Group 2 
continuous process vent with a flow rate of 0.005 standard cubic meter 
per minute or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. A description of the process change shall be submitted with the 
report of the

[[Page 306]]

process change, and the owner or operator shall comply with the 
provisions in Sec.  63.113(d) by the dates specified in Sec.  63.1311.
    (iv) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 continuous process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a Group 
2 continuous process vent with an organic HAP concentration of 50 parts 
per million by volume or greater and a TRE index value less than or 
equal to 4.0, the owner or operator shall submit a report within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec.  63.113(d) by the 
dates specified in Sec.  63.1311.
    (v) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraphs 
(a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this 
section is met.
    (A) The process change does not meet the definition of a process 
change in Sec.  63.115(e);
    (B) The vent stream flow rate is recalculated according to Sec.  
63.115(e) and the recalculated value is less than 0.005 standard cubic 
meter per minute;
    (C) The organic HAP concentration of the vent stream is recalculated 
according to Sec.  63.115(e) and the recalculated value is less than 50 
parts per million by volume; or
    (D) The TRE index value is recalculated according to Sec.  63.115(e) 
and the recalculated value is greater than 4.0, or for the affected 
sources producing methyl methacrylate butadiene styrene resin the 
recalculated value is greater than 6.7.
    (11) When the provisions of Sec.  63.116(c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(ii) 
of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (12) When Sec.  63.118, periodic reporting and recordkeeping 
requirements, refers to Sec.  63.152(f), the recordkeeping requirements 
in Sec.  63.1335(d) shall apply for purposes of this subpart.
    (13) If a batch process vent or aggregate batch vent stream is 
combined with a continuous process vent, the owner or operator of the 
affected source containing the combined vent stream shall comply with 
paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph 
(a)(13)(iii) or (iv); or with paragraph (a)(13)(v) of this section, as 
appropriate.
    (i) If a batch process vent or aggregate batch vent stream is 
combined with a Group 1 continuous process vent prior to the combined 
vent stream being routed to a control device, the owner or operator of 
the affected source containing the combined vent stream shall comply 
with the requirements in paragraph (a)(13)(i)(A) or (B) of this section.
    (A) All requirements for a Group 1 process vent stream in Sec. Sec.  
63.113 through 63.118, except as otherwise provided in this section. As 
specified in Sec.  63.1333(a)(1), performance tests shall be conducted 
at maximum representative operating conditions. For the purpose of 
conducting a performance test on a combined vent stream, maximum 
representative operating conditions shall be when batch emission 
episodes are occurring that result in the highest organic HAP emission 
rate (for the combined vent stream) that is achievable during one of the 
periods listed in Sec.  63.1333(a)(1)(i) or Sec.  63.1333(a)(1)(ii), 
without causing any of the situations described in paragraphs 
(a)(13)(i)(A)(1) through (3) to occur.
    (1) Causing damage to equipment.

[[Page 307]]

    (2) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make product in excess 
of demand.
    (B) Comply with the provisions in Sec.  63.1313(b)(1), as allowed 
under Sec.  63.1313(b).
    (ii) If a batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to the combined vent 
stream being routed to a recovery device, the TRE index value for the 
combined vent stream shall be calculated at the exit of the last 
recovery device. The TRE shall be calculated during periods when one or 
more batch emission episodes are occurring that result in the highest 
organic HAP emission rate (in the combined vent stream that is being 
routed to the recovery device) that is achievable during the 6-month 
period that begins 3 months before and ends 3 months after the TRE 
calculation, without causing any of the situations described in 
paragraphs (a)(13)(ii)(A) through (C) to occur.
    (A) Causing damage to equipment.
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (iii) If the combined vent stream described in paragraph (a)(10)(ii) 
of this section meets the requirements in paragraphs (a)(13)(iii)(A), 
(B), and (C) of this section, the combined vent stream shall be subject 
to the requirements for Group 1 process vents in Sec. Sec.  63.113 
through 63.118, except as otherwise provided in this section, as 
applicable. Performance tests for the combined vent stream shall be 
conducted at maximum operating conditions, as described in paragraph 
(a)(13)(i) of this section.
    (A) The TRE index value of the combined stream is less than or equal 
to 1.0;
    (B) The flow rate of the combined vent stream is greater than or 
equal to 0.005 standard cubic meter per minute; and
    (C) The total organic HAP concentration is greater than or equal to 
50 parts per million by volume for the combined vent stream.
    (iv) If the combined vent stream described in paragraph (a)(10)(ii) 
of this section meets the requirements in paragraph (a)(13)(iv)(A), (B), 
or (C) of this section, the combined vent stream shall be subject to the 
requirements for Group 2 process vents in Sec. Sec.  63.113 through 
63.118, except as otherwise provided in this section, as applicable.
    (A) The TRE index value of the combined vent stream is greater than 
1.0;
    (B) The flow rate of the combined vent stream is less than 0.005 
standard cubic meter per minute; or
    (C) The total organic HAP concentration is less than 50 parts per 
million by volume for the combined vent stream.
    (v) If a batch process vent or aggregate batch vent stream is 
combined with a Group 2 continuous process vent, the owner or operator 
shall comply with the requirements in either paragraph (a)(13)(v)(A) or 
(a)(13)(v)(B) of this section.
    (A) The owner or operator shall comply with the requirements in 
Sec. Sec.  63.113 through 63.118 for Group 1 process vents; or
    (B) The owner or operator shall comply with Sec.  63.1322(e)(2) for 
batch process vents and aggregate batch vent streams.
    (14) If any gas stream that originates outside of an affected source 
that is subject to this subpart is normally conducted through the same 
final recovery device as any continuous process vent stream subject to 
this subpart, the owner or operator of the affected source with the 
combined vent stream shall comply with all requirements in Sec. Sec.  
63.113 through 63.118 of subpart G of this part, except as otherwise 
noted in this section, as applicable.
    (i) Instead of measuring the vent stream flow rate at the sampling 
site specified in Sec.  63.115(b)(1), the sampling site for vent stream 
flow rate shall be prior to the final recovery device and prior to the 
point at which the gas stream that is not controlled under this subpart 
is introduced into the combined vent stream.
    (ii) Instead of measuring total organic HAP or TOC concentrations at

[[Page 308]]

the sampling site specified in Sec.  63.115(c)(1), the sampling site for 
total organic HAP or TOC concentration shall be prior to the final 
recovery device and prior to the point at which the gas stream that is 
not controlled under this subpart is introduced into the combined vent 
stream.
    (iii) The efficiency of the final recovery device (determined 
according to paragraph (a)(14)(iv) of this section) shall be applied to 
the total organic HAP or TOC concentration measured at the sampling site 
described in paragraph (a)(14)(ii) of this section to determine the exit 
concentration. This exit concentration of total organic HAP or TOC shall 
then be used to perform the calculations outlined in Sec.  
63.115(d)(2)(iii) and Sec.  63.115(d)(2)(iv), for the combined vent 
stream exiting the final recovery device.
    (iv) The efficiency of the final recovery device is determined by 
measuring the total organic HAP or TOC concentration using Method 18 or 
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery 
device after the introduction of any gas stream that is not controlled 
under this subpart, and at the outlet of the final recovery device.
    (15) When Sec.  63.115(c)(3)(ii)(B) and (d)(2)(iv) and Sec.  
63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart F of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 6 of this subpart for purposes of this subpart.
    (16) The compliance date for continuous process vents subject to the 
provisions of this section is specified in Sec.  63.1311.
    (17) In Sec.  63.116(a), instead of the reference to Sec.  63.11(b), 
the requirements in Sec.  63.1333(e) shall apply.
    (18) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in Sec.  
63.113(a)(2), the correction to 3 percent oxygen is only required when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec.  63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec.  63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in Sec.  
63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust the emissions, an owner or operator may record and report the 
outlet concentration required in Sec.  63.117(a)(4)(ii) and (a)(4)(iv) 
on an uncorrected basis or corrected to 3 percent oxygen, for the 
purposes of this subpart.
    (19) During periods of startup or shutdown, as an alternative to 
using the procedures specified in Sec.  63.116, an owner or operator of 
an affected source or emission unit subject to an emission limit 
expressed as mass emissions per mass product may demonstrate compliance 
with the limit in accordance with paragraph (a)(19)(i), (ii), or (iii) 
of this section.
    (i) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (ii) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (iii) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in Sec.  
63.113(a)(1) or (2) were maintained at the level established to meet the 
emission limit at maximum representative operating conditions.
    (b) Owners or operators of existing affected sources producing MBS 
shall comply with either paragraph (b)(1) or (b)(2) of this section.
    (1) Comply with paragraph (a) of this section, as specified in 
paragraphs (b)(1)(i) and (b)(1)(ii).
    (i) As specified in Sec.  63.1312, Group 1 continuous process vents 
at MBS existing affected sources are those with a total resource 
effectiveness value less than or equal to 3.7.

[[Page 309]]

    (ii) When complying with this paragraph (b) and the term ``TRE of 
4.0'' is used, or related terms indicating a TRE index value of 4.0, 
referred to in Sec. Sec.  63.113 through 63.118, are used, the term 
``TRE of 6.7,'' shall apply instead, for the purposes of this subpart. 
The TRE range of 3.7 to 6.7 for continuous process vents at existing 
affected sources producing MBS corresponds to the TRE range of 1.0 to 
4.0 for other continuous process vents, as it applies to monitoring, 
recordkeeping, and reporting.
    (2) Not allow organic HAP emissions from the collection of 
continuous process vents at the affected source to be greater than 
0.000590 kg organic HAP/Mg of product. Compliance with this paragraph 
(b)(2) shall be determined using the procedures specified in Sec.  
63.1333(b). During periods of startup or shutdown, as an alternative to 
using the procedures specified in Sec.  63.1333(b), an owner or operator 
of an affected source or emission unit subject to an emission limit 
expressed as mass emissions per mass product may demonstrate compliance 
with the limit in accordance with paragraph (b)(2)(i), (ii), or (iii) of 
this section.
    (i) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (ii) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1333(b). Keep records of this calculation.
    (iii) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(b)(2) of this section were maintained at the level established to meet 
the emission limit at maximum representative operating conditions.
    (c) Owners or operators of new affected sources producing SAN using 
a batch process shall comply with the applicable requirements in Sec.  
63.1321.
    (d) Affected sources producing PET or polystyrene using a continuous 
process are subject to the emissions control provisions of Sec.  
63.1316, the monitoring provisions of Sec.  63.1317, the testing and 
compliance demonstration provisions of Sec.  63.1318, the recordkeeping 
provisions of Sec.  63.1319, and the reporting provisions of Sec.  
63.1320. However, in some instances as specified in Sec.  63.1316, 
select continuous process vents present at affected sources producing 
PET or polystyrene using a continuous process are subject to the 
provisions of this section.
    (e) Owners or operators of affected sources producing ASA/AMSAN 
shall reduce organic HAP emissions from each continuous process vent, 
each batch process vent, and each aggregate batch vent stream by 98 
weight-percent and shall comply with either paragraph (e)(1), (e)(2), or 
(e)(3), as appropriate. Where batch process vents or aggregate batch 
vent streams are combined with continuous process vents, the provisions 
of paragraph (a)(13) of this section shall apply for the purposes of 
this paragraph (e).
    (1) For each continuous process vent, comply with paragraph (a) of 
this section as specified in paragraphs (e)(1)(i) through (e)(1)(ii) of 
this section.
    (i) For purpose of this section, each continuous process vent shall 
be considered to be a Group 1 continuous process vent and the owner or 
operator of that continuous process vent shall comply with the 
requirements for a Group 1 continuous process vent.
    (ii) For purposes of this section, the group determination procedure 
required by Sec.  63.115 shall not apply.
    (2) For each batch process vent, comply with Sec. Sec.  63.1321 
through 63.1327 as specified in paragraphs (e)(2)(i) through (e)(2)(ii) 
of this section.
    (i) For purpose of this section, each batch process vent shall be 
considered to be a Group 1 batch process vent and the owner or operator 
of that batch process vent shall comply with the requirements for a 
Group 1 batch process vent contained in Sec. Sec.  63.1321 through 
63.1327, except that each batch process vent shall be controlled to 
reduce organic HAP emissions by 98 weight-percent.
    (ii) For purposes of this section, the group determination procedure 
required by Sec.  63.1323 shall not apply.
    (3) For each aggregate batch vent stream, comply with Sec. Sec.  
63.1321 through 63.1327 as specified in paragraphs

[[Page 310]]

(e)(3)(i) through (e)(3)(ii) of this section.
    (i) For purpose of this section, each aggregate batch vent stream 
shall be considered to be a Group 1 aggregate batch vent stream and the 
owner or operator of that aggregate batch vent stream shall comply with 
the requirements for a Group 1 aggregate batch vent stream contained in 
Sec. Sec.  63.1321 through 63.1327, except that each aggregate batch 
vent stream shall be controlled to reduce organic HAP emissions by 98 
weight-percent.
    (ii) For purposes of this section, the group determination procedure 
required by Sec.  63.1323 shall not apply.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 
65 FR 38107, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17364, 
Mar. 27, 2014]



Sec.  63.1316  PET and polystyrene affected sources--emissions control
provisions.

    (a) The owner or operator of an affected source producing PET using 
a continuous process shall comply with paragraph (b) of this section. 
The owner or operator of an affected source producing polystyrene using 
a continuous process shall comply with paragraph (c) of this section. As 
specified in paragraphs (b) and (c) of this section, owners or operators 
shall comply with Sec.  63.1315 for certain continuous process vents and 
with Sec.  63.1321 for all batch process vents. The owner or operator of 
an affected source producing PET using a batch process or producing 
polystyrene using a batch process shall comply with Sec.  63.1315 for 
continuous process vents and with Sec.  63.1321 for batch process vents, 
instead of the provisions of Sec. Sec.  63.1316 through 63.1320.
    (b) The owner or operator of an affected source producing PET using 
a continuous process shall comply with the requirements specified in 
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are not 
required to comply with the requirements specified in 40 CFR part 60, 
subpart DDD. Compliance can be based on either organic HAP or TOC.
    (1) The owner or operator of an affected source producing PET using 
a continuous dimethyl terephthalate process shall comply with paragraphs 
(b)(1)(i) through (b)(1)(iv) of this section.
    (i) The owner or operator of an existing affected source with 
organic HAP emissions greater than 0.12 kg organic HAP per Mg of product 
from continuous process vents in the collection of material recovery 
sections (i.e., methanol recovery) within the affected source shall 
comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C) 
of this section. Emissions from continuous process vents in the 
collection of material recovery sections within the affected source 
shall be determined by the procedures specified in Sec.  63.1318(b). The 
owner or operator of a new affected source shall comply with either 
paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual material recovery section shall, as a whole, be no greater 
than 0.018 kg organic HAP per Mg of product from the associated 
TPPU(s)); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of material recovery sections within the 
affected source shall, as a whole, be no greater than 0.018 kg organic 
HAP per Mg product from all associated TPPU. During periods of startup 
or shutdown, as an alternative to using the procedures specified in 
Sec.  63.1318(b)(1), an owner or operator of an affected source or 
emission unit subject to an emission limit expressed as mass emissions 
per mass product may demonstrate compliance with the limit in accordance 
with paragraphs (b)(1)(i)(A)(1), (2), or (3) of this section.
    (1) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (2) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (3) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(b)(1)(i)(A) of this section were maintained at the level established to 
meet the emission limit

[[Page 311]]

at maximum representative operating conditions.
    (B) As specified in Sec.  63.1318(d), the owner or operator shall 
maintain the daily average outlet gas stream temperature from each final 
condenser in a material recovery section at a temperature of +3 [deg]C 
(+37 [deg]F) or less (i.e., colder); or
    (C) Comply with paragraph (b)(1)(v) of this section.
    (ii) Limit organic HAP emissions from continuous process vents in 
the collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B) 
of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section (including emissions from any 
equipment used to further recover ethylene glycol, but excluding 
emissions from process contact cooling towers) shall, as a whole, be no 
greater than 0.02 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of polymerization reaction sections 
within the affected source shall, as a whole, be no greater than 0.02 kg 
organic HAP per Mg product from all associated TPPU(s). During periods 
of startup or shutdown, as an alternative to using the procedures 
specified in Sec.  63.1318(b)(1), an owner or operator of an affected 
source or emission unit subject to an emission limit expressed as mass 
emissions per mass product may demonstrate compliance with the limit in 
accordance with paragraphs (b)(1)(ii)(A)(1), (2), or (3) of this 
section.
    (1) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (2) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (3) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(b)(1)(ii)(A) of this section were maintained at the level established 
to meet the emission limit at maximum representative operating 
conditions.
    (B) Comply with paragraph (b)(1)(v) of this section.
    (iii) Continuous process vents not included in a material recovery 
section, as specified in paragraph (b)(1)(i) of this section, and not 
included in a polymerization reaction section, as specified in paragraph 
(b)(1)(ii) of this section, shall comply with Sec.  63.1315.
    (iv) Batch process vents shall comply with Sec.  63.1321.
    (v) Comply with one of the following:
    (A) Reduce the emissions in a combustion device to achieve 98 weight 
percent reduction or to achieve a concentration of 20 parts per million 
by volume (ppmv) on a dry basis, whichever is less stringent. If an 
owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or greater by 
introducing the emissions into the flame zone of the boiler or process 
heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec.  63.1333(e).
    (2) The owner or operator of an affected source producing PET using 
a continuous terephthalic acid process shall comply with paragraphs 
(b)(2)(i) through (b)(2)(iv) of this section.
    (i) Limit organic HAP emissions from continuous process vents in the 
collection of raw material preparation sections within the affected 
source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B) 
of this section.
    (A) Organic HAP emissions from all continuous process vents 
associated with the esterification vessels in each individual raw 
materials preparation section shall, as a whole, be no greater than 0.04 
kg organic HAP per Mg of product from the associated TPPU(s); or 
alternatively, organic HAP emissions from all continuous process vents 
associated with the esterification vessels in the collection of raw 
material

[[Page 312]]

preparation sections within the affected source shall, as a whole, be no 
greater than 0.04 kg organic HAP per Mg of product from all associated 
TPPU(s). Other continuous process vents (i.e., those not associated with 
the esterification vessels) in the collection of raw materials 
preparation sections within the affected source shall comply with Sec.  
63.1315. During periods of startup or shutdown, as an alternative to 
using the procedures specified in Sec.  63.1318(b)(1), an owner or 
operator of an affected source or emission unit subject to an emission 
limit expressed as mass emissions per mass product may demonstrate 
compliance with the limit in accordance with paragraphs (b)(2)(i)(A)(1), 
(2), or (3) of this section.
    (1) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (2) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (3) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(b)(2)(i)(A) of this section were maintained at the level established to 
meet the emission limit at maximum representative operating conditions.
    (B) Comply with paragraph (b)(2)(v) of this section.
    (ii) Limit organic HAP emissions from continuous process vents in 
the collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(2)(ii)(A) or (b)(2)(ii)(B) 
of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section (including emissions from any 
equipment used to further recover ethylene glycol, but excluding 
emissions from process contact cooling towers) shall, as a whole, be no 
greater than 0.02 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of polymerization reaction sections 
within the affected source shall, as a whole, be no greater than 0.02 kg 
organic HAP per Mg of product from all associated TPPU(s). During 
periods of startup or shutdown, as an alternative to using the 
procedures specified in Sec.  63.1318(b)(1), an owner or operator of an 
affected source or emission unit subject to an emission limit expressed 
as mass emissions per mass product may demonstrate compliance with the 
limit in accordance with paragraphs (b)(2)(ii)(A)(1), (2), or (3) of 
this section.
    (1) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (2) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (3) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(b)(2)(ii)(A) of this section were maintained at the level established 
to meet the emission limit at maximum representative operating 
conditions.
    (B) Comply with paragraph (b)(2)(v) of this section.
    (iii) Continuous process vents not included in a raw materials 
preparation section, as specified in paragraphs (b)(2)(i) of this 
section, and not included in a polymerization reaction section, as 
specified in paragraph (b)(2)(ii) of this section, shall comply with 
Sec.  63.1315.
    (iv) Batch process vents shall comply with Sec.  63.1321.
    (v) Comply with one of the following:
    (A) Reduce the emissions in a combustion device to achieve 98 weight 
percent reduction or to achieve a concentration of 20 parts per million 
by volume (ppmv) on a dry basis, whichever is less stringent. If an 
owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or

[[Page 313]]

greater by introducing the emissions into the flame zone of the boiler 
or process heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec.  63.1333(e).
    (c) The owner or operator of an affected source producing 
polystyrene resin using a continuous process shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section, as appropriate, instead of the requirements specified in 40 CFR 
part 60, subpart DDD. Compliance can be based on either organic HAP or 
TOC.
    (1) Limit organic HAP emissions from continuous process vents in the 
collection of material recovery sections within the affected source by 
complying with either paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of 
this section.
    (i) Organic HAP emissions from all continuous process vents in each 
individual material recovery section shall, as a whole, be no greater 
than 0.0036 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of material recovery sections within the 
affected source shall, as a whole, be no greater than 0.0036 kg organic 
HAP per Mg of product from all associated TPPU(s). During periods of 
startup or shutdown, as an alternative to using the procedures specified 
in Sec.  63.1318(b)(1), an owner or operator of an affected source or 
emission unit subject to an emission limit expressed as mass emissions 
per mass product may demonstrate compliance with the limit in accordance 
with paragraphs (c)(1)(i)(A), (B), or (C) of this section.
    (A) Keep records establishing that the raw material introduced and 
product discharged rates were both zero.
    (B) Divide the organic HAP emission rate during startup or shutdown 
by the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero according to Sec.  
63.1318(b)(1). Keep records of this calculation.
    (C) Keep records establishing that the operating parameters of the 
control device used to comply with the emission limit in paragraph 
(c)(1)(i) of this section were maintained at the level established to 
meet
    (ii) As specified in Sec.  63.1318(d), the owner or operator shall 
maintain the daily average outlet gas stream temperature from each final 
condenser in a material recovery section at a temperature of -25 [deg]C 
(-13 [deg]F) or less (i.e., colder); or
    (iii) Comply with one of the following:
    (A) Reduce the emissions in a combustion device to achieve 98 weight 
percent reduction or to achieve a concentration of 20 parts per million 
by volume (ppmv) on a dry basis, whichever is less stringent. If an 
owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or greater by 
introducing the emissions into the flame zone of the boiler or process 
heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec.  63.1333(e).
    (2) Limit organic HAP emissions from continuous process vents not 
included in a material recovery section, as specified in paragraph 
(c)(1)(i) of this section, by complying with Sec.  63.1315.
    (3) Batch process vents shall comply with Sec.  63.1321.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11548, Mar. 9, 1999; 
65 FR 38110, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17365, 
Mar. 27, 2014]



Sec.  63.1317  PET and polystyrene affected sources--monitoring
provisions.

    Continuous process vents using a control or recovery device to 
comply with Sec.  63.1316 shall comply with the applicable monitoring 
provisions specified for continuous process vents in Sec.  63.1315(a), 
except that references to group determinations (i.e., total resource 
effectiveness) do not apply and owners or operators are not required to 
comply with Sec.  63.113.

[65 FR 38111, June 19, 2000]

[[Page 314]]



Sec.  63.1318  PET and polystyrene affected sources--testing and 
compliance demonstration provisions.

    (a) Except as specified in paragraphs (b) through (d) of this 
section, continuous process vents using a control or recovery device to 
comply with Sec.  63.1316 shall comply with the applicable testing and 
compliance provisions for continuous process vents specified in Sec.  
63.1315(a) except that, for purposes of this paragraph (a), references 
to group determinations (i.e., total resource effectiveness) do not 
apply and owners or operators are not required to comply with Sec.  
63.113.
    (b) PET affected sources using a dimethyl terephthalate process--
Applicability determination procedure. Owners or operators shall 
calculate organic HAP emissions from the collection of material recovery 
sections at an existing affected source producing PET using a continuous 
dimethyl terephthalate process to determine whether Sec.  
63.1316(b)(1)(i) is applicable using the procedures specified in either 
paragraph (b)(1) or (b)(2) of this section.
    (1) Use Equation 1 of this subpart to determine mass emissions per 
mass product as specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section. During periods of startup or shutdown, as an alternative to 
using Equation 1 of this subpart, the owner or operator may divide the 
emission rate of total organic HAP or TOC during startup or shutdown by 
the rate of polymer produced from the most recent performance test 
associated with a production rate greater than zero to determine 
compliance with the emission limit.
[GRAPHIC] [TIFF OMITTED] TR12SE96.000

where:

ER = Emission rate of total organic HAP or TOC, kg/Mg product.
Ei = Emission rate of total organic HAP or TOC in continuous 
          process vent i, kg/hr.
Pp = The rate of polymer produced, kg/hr.
n = Number of continuous process vents in the collection of material 
          recovery sections at the affected source.
0.001 = Conversion factor, kg to Mg.

    (i) The mass emission rate for each continuous process vent, 
Ei, shall be determined according to the procedures specified 
in Sec.  63.116(c)(4). The sampling site for determining whether Sec.  
63.1316(b)(1)(i) is applicable shall be at the outlet of the last 
recovery or control device. When the provisions of Sec.  63.116(c)(4) 
specify that Method 18, 40 CFR part 60, appendix A shall be used, Method 
18 or Method 25A, 40 CFR part 60, appendix A may be used for the 
purposes of this subpart. The use of Method 25A, 40 CFR part 60, 
appendix A shall comply with paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of 
this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (ii) The rate of polymer produced, Pp (kg/hr), shall be 
determined by dividing the weight (kg) of polymer pulled from the 
process line during the performance test by the number of hours taken to 
perform the performance test. The weight of polymer pulled shall be 
determined by direct measurement or by an alternate methodology, such as 
materials balance. If an alternate methodology is used, a description of 
the methodology, including all procedures, data, and assumptions shall 
be submitted as part of the Notification of Compliance Status required 
by Sec.  63.1335(e)(5).
    (2) Use engineering assessment, as described in Sec.  
63.1323(b)(6)(i), to demonstrate that mass emissions per mass product 
are less than or equal to 0.07 kg organic HAP/Mg product. If engineering 
assessment shows that mass emissions per mass product are greater than 
0.07 kg organic HAP/Mg product and the owner or operator wishes to 
demonstrate that mass emissions per mass product are less than the 
threshold emission rate of 0.12 kg organic HAP/Mg product, the owner or 
operator shall use the procedures specified in paragraph (b)(1) of this 
section.

[[Page 315]]

    (c) Compliance with mass emissions per mass product standards. 
Owners or operators complying with Sec.  63.1316(b)(1)(i)(A), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall demonstrate 
compliance with the mass emissions per mass product requirements using 
the procedures specified in paragraph (b)(1) of this section. During 
periods of startup or shutdown, as an alternative to using the 
procedures specified in paragraph (b)(1) of this section, the owner or 
operator may divide the emission rate of total organic HAP or TOC during 
startup or shutdown by the rate of polymer produced from the most recent 
performance test associated with a production rate greater than zero to 
comply with the emission limit.
    (d) Compliance with Temperature Limits for Final Condensers. Owners 
or operators complying with Sec.  63.1316(b)(1)(i)(B) or Sec.  
63.1316(c)(1)(ii) shall demonstrate continuous compliance based on an 
average exit temperature determined for each operating day. Calculation 
of the daily average exit temperature shall follow the provisions of 
Sec.  63.1335(d)(3). The provisions of Sec.  63.1334(f) and (g) shall 
apply for the purposes of determining whether or not an owner or 
operator is to be deemed out of compliance for a given operating day.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000; 
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]



Sec.  63.1319  PET and polystyrene affected sources--recordkeeping
provisions.

    (a) Except as specified in paragraphs (b) and (c) of this section, 
owners or operators using a control or recovery device to comply with 
Sec.  63.1316 shall comply with the applicable recordkeeping provisions 
specified in Sec.  63.1315(a), except that, for the purposes of this 
paragraph (a), references to group determinations (i.e., total resource 
effectiveness) do not apply, and owners or operators are not required to 
comply with Sec.  63.113.
    (b) Records demonstrating compliance with the applicability 
determination procedure for PET affected sources using a dimethyl 
terephthalate process. Owners or operators complying with Sec.  
63.1316(b)(1)(i) by demonstrating that mass emissions per mass product 
are less than or equal to the level specified in Sec.  63.1316(b)(1)(i) 
(i.e., 0.12 kg organic HAP per Mg of product) shall keep the following 
records.
    (1) Results of the mass emissions per mass product calculation 
specified in Sec.  63.1318(b).
    (2) Records of any change in process operation that increases the 
mass emissions per mass product.
    (c) Records demonstrating compliance with temperature limits for 
final condensers. Owners or operators of continuous process vents 
complying with Sec.  63.1316(b)(1)(i)(B) or Sec.  63.1316(c)(1)(ii) 
shall keep records of the daily averages required by Sec.  63.1318, per 
the recordkeeping provisions specified in Sec.  63.1335(d).

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000; 
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]



Sec.  63.1320  PET and polystyrene affected sources--reporting provisions.

    (a) Except as specified in paragraph (b) of this section, owners and 
operators using a control or recovery device to comply with Sec.  
63.1316 shall comply with the applicable reporting provisions specified 
in Sec.  63.1315(a), except that, for the purposes of this paragraph 
(a), references to group determinations (i.e., total resource 
effectiveness) do not apply, and owners or operators are not required to 
comply with Sec.  63.113.
    (b) Reporting for PET Affected Sources Using a Dimethyl 
Terephthalate Process. Owners or operators complying with Sec.  63.1316 
by demonstrating that mass emissions per mass product are less than or 
equal to the level specified in Sec.  63.1316(b)(1)(i) (i.e., 0.12 kg 
organic HAP per Mg of product) shall comply with paragraphs (b)(1) 
through (b)(3) of this section.
    (1) Include the information specified in Sec.  63.1319(b)(2) in each 
Periodic Report, required by Sec.  63.1335(e)(6), as appropriate.
    (2) Include the information specified in Sec.  63.1319(b)(1) in the 
Notification of Compliance Status, required by Sec.  63.1335(e)(5).
    (3) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes emissions from continuous process vents in the 
collection of material recovery sections (i.e., methanol recovery) 
within the affected source to be

[[Page 316]]

greater than 0.12 kg organic HAP per Mg of product, the owner or 
operator shall submit a report within 180 days after the process change 
is made or the information regarding the process change is known to the 
owner or operator. This report may be included in the next Periodic 
Report. The report shall include the information specified in Sec.  
63.1319(b)(1) and a description of the process change.

[65 FR 38112, June 19, 2000, as amended at 66 FR 36938, July 16, 2001]



Sec.  63.1321  Batch process vents provisions.

    (a) Batch process vents. Except as specified in paragraphs (b) 
through (d) of this section, owners and operators of new and existing 
affected sources with batch process vents shall comply with the 
requirements in Sec. Sec.  63.1322 through 63.1327. The batch process 
vent group status shall be determined in accordance with Sec.  63.1323. 
Owners or operators of batch process vents classified as Group 1 shall 
comply with the reference control technology requirements for Group 1 
batch process vents in Sec.  63.1322, the monitoring requirements in 
Sec.  63.1324, the performance test methods and procedures to determine 
compliance in Sec.  63.1325, the recordkeeping requirements in Sec.  
63.1326, and the reporting requirements in Sec.  63.1327. Owners or 
operators of all Group 2 batch process vents shall comply with the 
applicable reference control technology requirements in Sec.  63.1322, 
the applicable recordkeeping requirements in Sec.  63.1326, and the 
applicable reporting requirements in Sec.  63.1327.
    (b) New SAN batch affected sources. Owners and operators of new SAN 
affected sources using a batch process shall comply with the 
requirements of Sec.  63.1322 through Sec.  63.1327 for batch process 
vents and aggregate batch vent streams except as specified in paragraphs 
(b)(1) through (b)(2) of this section. For continuous process vents, 
owners and operators shall comply with the requirements of Sec.  63.1322 
through Sec.  63.1327 except as specified in paragraph (b)(3) of this 
section.
    (1) For batch process vents, the determination of group status 
(i.e., Group 1/Group 2) under Sec.  63.1323 is not required.
    (2) For batch process vents and aggregate batch vent streams, the 
control requirements for individual batch process vents or aggregate 
batch vent streams (e.g., 90 percent emission reduction) as specified in 
Sec.  63.1322(a)(1), (a)(2), (b)(1), and (b)(2) shall not apply.
    (3) Continuous process vents using a control or recovery device to 
comply with Sec.  63.1322(a)(3) are subject to the applicable 
requirements in Sec.  63.1315(a), as appropriate, except as specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) Said continuous process vents are not subject to the group 
determination procedures of Sec.  63.115 for the purposes of this 
subpart.
    (ii) Said continuous process vents are not subject to the reference 
control technology provisions of Sec.  63.113 for the purposes of this 
subpart.
    (c) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec.  63.1312, are subject to the control requirements 
specified in Sec.  63.1322(b), as well as the monitoring, testing, 
recordkeeping, and reporting requirements specified in Sec. Sec.  
63.1324 through 63.1327 for aggregate batch vent streams.
    (d) Owners and operators of affected sources producing ASA/AMSAN 
shall comply with the provisions of Sec.  63.1315(e).

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
65 FR 38112, June 19, 2000]



Sec.  63.1322  Batch process vents--reference control technology.

    (a) Batch process vents. The owner or operator of a Group 1 batch 
process vent, as determined using the procedures in Sec.  63.1323, shall 
comply with the requirements of either paragraph (a)(1) or (a)(2) of 
this section, except as provided for in paragraph (a)(3) of this 
section. Compliance may be based on either organic HAP or TOC.
    (1) For each batch process vent, reduce organic HAP emissions using 
a flare.
    (i) The owner or operator shall comply with the requirements of 
Sec.  63.1333(e) for the flare.
    (ii) Halogenated batch process vents, as defined in Sec.  63.1312, 
shall not be vented to a flare.

[[Page 317]]

    (2) For each batch process vent, reduce organic HAP emissions for 
the batch cycle by 90 weight percent using a control device. Owners or 
operators may achieve compliance with this paragraph (a)(2) through the 
control of selected batch emission episodes or the control of portions 
of selected batch emission episodes. Documentation demonstrating how the 
90 weight percent emission reduction is achieved is required by Sec.  
63.1325(c)(2).
    (3) The owner or operator of a new affected source producing SAN 
using a batch process shall reduce organic HAP emissions from the 
collection of batch process vents, aggregate batch vent streams, and 
continuous process vents by 84 weight percent. Compliance with this 
paragraph (a)(3) shall be demonstrated using the procedures specified in 
Sec.  63.1333(c).
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
process vents shall comply with the requirements of either paragraph 
(b)(1) or (b)(2) of this section, except as provided for in paragraph 
(b)(3) of this section. Compliance may be based on either organic HAP or 
TOC.
    (1) For each aggregate batch vent stream, reduce organic HAP 
emissions using a flare.
    (i) The owner or operator shall comply with the requirements of 
Sec.  63.1333(e) for the flare.
    (ii) Halogenated aggregate batch vent streams, as defined in Sec.  
63.1312, shall not be vented to a flare.
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on a continuous basis 
using a control device. For purposes of complying with the 20 parts per 
million by volume outlet concentration standard, the outlet 
concentration shall be calculated on a dry basis. When a combustion 
device is used for purposes of complying with the 20 parts per million 
by volume outlet concentration standard, the concentration shall be 
corrected to 3 percent oxygen if supplemental combustion air is used to 
combust the emissions. If supplemental combustion air is not used, a 
correction to 3 percent oxygen is not required.
    (3) The owner or operator of a new affected source producing SAN 
using a batch process shall comply with paragraph (a)(3) of this 
section.
    (c) Halogenated emissions. Halogenated Group 1 batch process vents, 
halogenated aggregate batch vent streams, and halogenated continuous 
process vents that are combusted as part of complying with paragraph 
(a)(2), (a)(3), (b)(2), or (b)(3) of this section, as appropriate, shall 
be controlled according to either paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2), 
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch 
process vent, halogenated aggregate batch vent stream, or halogenated 
continuous process vent, said emissions exiting the combustion device 
shall be ducted to a halogen reduction device that reduces overall 
emissions of hydrogen halides and halogens by at least 99 percent before 
discharge to the atmosphere.
    (2) A halogen reduction device may be used to reduce the halogen 
atom mass emission rate of said emissions to less than 3,750 kg/yr for 
batch process vents or aggregate batch vent streams and to less than 
0.45 kilograms per hour for continuous process vents prior to venting to 
any combustion control device, and thus make the batch process vent, 
aggregate batch vent stream, or continuous process vent nonhalogenated. 
The nonhalogenated batch process vent, aggregate batch vent stream, or 
continuous process vent shall then comply with the requirements of 
either paragraph (a) or (b) of this section, as appropriate.
    (d) If a boiler or process heater is used to comply with the percent 
reduction requirement specified in paragraph (a)(2), (a)(3), (b)(2), or 
(b)(3) of this section, the batch process vent, aggregate batch vent 
stream, or continuous process vent shall be introduced into the flame 
zone of such a device.
    (e) Combination of batch process vents or aggregate batch vent 
streams with continuous process vents. If a batch process vent or 
aggregate batch vent stream is combined with a continuous process

[[Page 318]]

vent, the owner or operator shall determine whether the combined vent 
stream is subject to the provisions of Sec. Sec.  63.1321 through 
63.1327 according to paragraphs (e)(1) and (e)(2) of this section.
    (1) A batch process vent or aggregate batch vent stream combined 
with a continuous process vent is not subject to the provisions of 
Sec. Sec.  63.1321 through 63.1327, if the requirements in paragraph 
(e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met.
    (i) The only emissions to the atmosphere from the batch process vent 
or aggregate batch vent stream prior to being combined with the 
continuous process vent are from equipment subject to Sec.  63.1331.
    (ii) The batch process vent or aggregate batch vent stream is 
combined with a Group 1 continuous process vent prior to the combined 
vent stream being routed to a control device. In this paragraph 
(e)(1)(ii), the definition of control device as it relates to continuous 
process vents shall be used. Furthermore, the combined vent stream 
discussed in this paragraph (e)(1)(ii) shall be subject to Sec.  
63.1315(a)(13)(i).
    (iii) The batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to being routed to a 
recovery device. In this paragraph (e)(1)(iii), the definition of 
recovery device as it relates to continuous process vents shall be used. 
Furthermore, the combined vent stream discussed in this paragraph 
(e)(1)(iii) shall be subject to Sec.  63.1315(a)(13)(ii).
    (2) If the batch process vent or aggregate batch vent stream is 
combined with a Group 2 continuous process vent, the group status of the 
batch process vent shall be determined prior to its combination with the 
Group 2 continuous process vent, in accordance with Sec.  63.1323, and 
the combined vent stream shall be subject to the requirements for 
aggregate batch vent streams in Sec. Sec.  63.1321 through 63.1327.
    (f) Group 2 batch process vents with annual emissions greater than 
or equal to the level specified in Sec.  63.1323(d). The owner or 
operator of a Group 2 batch process vent with annual emissions greater 
than or equal to the level specified in Sec.  63.1323(d) shall comply 
with the provisions of paragraph (f)(1), (f)(2), or (h) of this section.
    (1) The owner or operator of an affected source shall comply with 
the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures the Group 2 batch process vent does not become a 
Group 1 batch process vent.
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with Sec.  
63.1335(e)(5)(viii), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator shall comply with the recordkeeping 
requirements in Sec.  63.1326(d)(2), and the reporting requirements in 
Sec.  63.1327(a)(3), (b), and (c).
    (iv) The owner or operator shall comply with Sec.  63.1323(i) when 
process changes are made.
    (2) Comply with the requirements of this subpart for Group 1 batch 
process vents.
    (g) Group 2 batch process vents with annual emissions less than the 
level specified in Sec.  63.1323(d). The owner or operator of a Group 2 
batch process vent with annual emissions less than the level specified 
in Sec.  63.1323(d) shall comply with paragraphs (g)(1), (g)(2), (g)(3), 
or (g)(4) of this section.
    (1) The owner or operator of the affected source shall comply with 
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures emissions do not exceed the level specified in 
Sec.  63.1323(d).
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with Sec.  
63.1335(e)(5)(viii), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.

[[Page 319]]

    (iii) The owner or operator shall comply with the recordkeeping 
requirements in Sec.  63.1326(d)(1), and the reporting requirements in 
Sec.  63.1327(a)(2), (b), and (c).
    (iv) The owner or operator of the affected source shall comply with 
Sec.  63.1323(i) when process changes are made.
    (2) Comply with the requirements of paragraph (f)(1) of this 
section;
    (3) Comply with the requirements of paragraph (f)(2) of this 
section; or
    (4) Comply with the requirements of paragraph (h) of this section.
    (h) Owners or operators of Group 2 batch process vents are not 
required to establish a batch mass input limitation if the batch process 
vent is Group 2 at the conditions specified in paragraphs (h)(1) and 
(h)(2) of this section and if the owner or operator complies with the 
recordkeeping provisions in Sec. Sec.  63.1326(a)(1) through (3), 
63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the 
reporting requirements in Sec.  63.1327(a)(5), (a)(6), and (b).
    (1) Emissions for the single highest-HAP recipe (considering all 
products that are produced in the batch unit operation) are used in the 
group determination; and
    (2) The group determination assumes that the batch unit operation is 
operating at the maximum design capacity of the TPPU for 12 months.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
65 FR 38112, June 19, 2000; 66 FR 36938, July 16, 2001]



Sec.  63.1323  Batch process vents--methods and procedures for group
determination.

    (a) General requirements. Except as provided in paragraph (a)(3) of 
this section and in Sec.  63.1321(b)(1), the owner or operator of batch 
process vents at affected sources shall determine the group status of 
each batch process vent in accordance with the provisions of this 
section. This determination may be based on either organic HAP or TOC 
emissions.
    (1) The procedures specified in paragraphs (b) through (g) of this 
section shall be followed to determine the group status of each batch 
process vent. This determination shall be made in accordance with either 
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) An owner or operator may choose to determine the group status of 
a batch process vent based on the expected mix of products. For each 
product, emission characteristics of the single highest-HAP recipe, as 
defined in paragraph (a)(1)(iii) of this section, for that product shall 
be used in the procedures in paragraphs (b) through (i) of this section.
    (ii) An owner or operator may choose to determine the group status 
of a batch process vent based on annualized production of the single 
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section, 
considering all products produced or processed in the batch unit 
operation. The annualized production of the highest-HAP recipe shall be 
based exclusively on the production of the single highest-HAP recipe of 
all products produced or processed in the batch unit operation for a 12 
month period. The production level used may be the actual production 
rate. It is not necessary to assume a maximum production rate (i.e., 
8,760 hours per year at maximum design production).
    (iii) The single highest-HAP recipe for a product means the recipe 
of the product with the highest total mass of HAP charged to the reactor 
during the production of a single batch of product.
    (2) The annual uncontrolled organic HAP or TOC emissions and annual 
average batch vent flow rate shall be determined at the exit from the 
batch unit operation. For the purposes of these determinations, the 
primary condenser operating as a reflux condenser on a reactor or 
distillation column, the primary condenser recovering monomer, reaction 
products, by-products, or solvent from a stripper operated in batch 
mode, and the primary condenser recovering monomer, reaction products, 
by-products, or solvent from a distillation operation operated in batch 
mode shall be considered part of the batch unit operation. All other 
devices that recover or oxidize organic HAP or TOC vapors shall be 
considered control devices as defined in Sec.  63.1312.
    (3) The owner or operator of a batch process vent complying with the 
flare provisions in Sec.  63.1322(a)(1) or

[[Page 320]]

Sec.  63.1322(b)(1) or routing the batch process vent to a control 
device to comply with the requirements in Sec.  63.1322(a)(2) or Sec.  
63.1322(b)(2) is not required to perform the batch process vent group 
determination described in this section, but shall comply with all 
requirements applicable to Group 1 batch process vents for said batch 
process vent.
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch process vent using the methods described in paragraphs (b)(1) 
through (b)(8) of this section. To estimate emissions from a batch 
emissions episode, owners or operators may use either the emissions 
estimation equations in paragraphs (b)(1) through (b)(4) of this 
section, or direct measurement as specified in paragraph (b)(5) of this 
section. Engineering assessment may be used to estimate emissions from a 
batch emission episode only under the conditions described in paragraph 
(b)(6) of this section. In using the emissions estimation equations in 
paragraphs (b)(1) through (b)(4) of this section, individual component 
vapor pressure and molecular weight may be obtained from standard 
references. Methods to determine individual HAP partial pressures in 
multicomponent systems are described in paragraph (b)(9) of this 
section. Other variables in the emissions estimation equations may be 
obtained through direct measurement, as defined in paragraph (b)(5) of 
this section, through engineering assessment, as defined in paragraph 
(b)(6)(ii) of this section, by process knowledge, or by any other 
appropriate means. Assumptions used in determining these variables must 
be documented. Once emissions for the batch emission episode have been 
determined using either the emissions estimation equations, direct 
measurement, or engineering assessment, emissions from a batch cycle 
shall be calculated in accordance with paragraph (b)(7) of this section, 
and annual emissions from the batch process vent shall be calculated in 
accordance with paragraph (b)(8) of this section.
    (1) TOC or organic HAP emissions from the purging of an empty vessel 
shall be calculated using Equation 2 of this subpart. Equation 2 of this 
subpart does not take into account evaporation of any residual liquid in 
the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.024

Where:

Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWwavg = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled vessel 
shall be calculated using Equation 3 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.025

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.

[[Page 321]]

Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated.
Tm = Minutes/episode.

    (3) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 4 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.003

where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[delta]kPa/kmol[delta]K.
T = Temperature of vessel vapor space, K.

    (4) Emissions caused by the heating of a vessel shall be calculated 
using the procedures in either paragraphs (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section, as appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 5 of this subpart. The assumptions made for this 
calculation are atmospheric pressure of 760 millimeters of mercury (mm 
Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR19JN00.026

Where:

Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial 
          pressure (kPa) of TOC or each organic HAP i in the vessel 
          headspace at initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated.
[Delta][eta] = Number of kilogram-moles (kg-moles) of gas displaced, 
          determined in accordance with paragraph (b)(4)(i)(B) of this 
          section.
101.325 = Constant, kPa.
(MWWAVG, T1), (MWWAVG, T2) = Weighted average 
          molecular weight of TOC or total organic HAP in the displaced 
          gas stream, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.

    (B) The moles of gas displaced, [Delta][eta], is calculated using 
Equation 6 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.027

Where:

[Delta][eta] = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.

[[Page 322]]

Pa1 = Initial noncondensible gas partial pressure in the 
          vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 7 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.028

Where:

Pa = Initial or final partial pressure of noncondensible gas in the 
          vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic HAP i in the 
          vessel headspace, kPa, at the initial or final temperature (T1 
          or T2).
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated.

    (D) The weighted average molecular weight of TOC or organic HAP in 
the displaced gas, MWwavg, shall be calculated using Equation 
8 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.007

where:

C = TOC or organic HAP component
n = Number of TOC or organic HAP components in stream.

    (ii) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this 
section.
    (A) For the interval from the initial temperature to the temperature 
50 K below the boiling point, emissions shall be calculated using 
Equation 5 of this subpart, where T2 is the temperature 50 K 
below the boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emissions for 
each increment shall be calculated using Equation 5 of this subpart.
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the temperature 5 K below the boiling point, even if the last increment 
is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the primary condenser, as 
specified in paragraph (a)(2) of this section, is considered part of the 
process. Emissions shall be calculated as the sum of emissions 
calculated using Equation 5 of this subpart, which calculates emissions 
due to heating the vessel contents to the temperature of the gas 
existing the condenser, and emissions calculated using Equation 4 of 
this subpart, which calculates emissions due to the displacement of the 
remaining saturated noncondensible gas in the vessel. The final 
temperature in Equation 5 of this subpart shall be set equal

[[Page 323]]

to the exit gas temperature of the condenser. Equation 4 of this subpart 
shall be used as written below in Equation 4a of this subpart, using 
free space volume, and T is set equal to the condenser exit gas 
temperature.
[GRAPHIC] [TIFF OMITTED] TR12SE96.008

where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[delta]kPa/kmol[delta]K.
T = Temperature of condenser exit stream, K.

    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing either of these options shall develop an 
emission profile for the entire batch emission episode, based on either 
process knowledge or test data collected, to demonstrate that test 
periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
provided the results are still relevant to the current batch process 
vent conditions. Performance tests shall follow the procedures specified 
in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. The 
procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this section 
shall be used to calculate the emissions per batch emission episode.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A as appropriate, shall 
be used for selection of the sampling sites if the flow measuring device 
is a pitot tube. No traverse is necessary when Method 2A or 2D, 40 CFR 
part 60, appendix A is used to determine gas stream volumetric flow 
rate.
    (ii) Annual average batch vent flow rate shall be determined as 
specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be 
used to determine the concentration of TOC or organic HAP, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part may be used. The use of Method 25A, 40 CFR part 
60, appendix A shall conform with the requirements in paragraphs 
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (iv) If an integrated sample is taken over the entire batch emission 
episode to determine the average batch vent concentration of TOC or 
total organic HAP, emissions shall be calculated using Equation 9 of 
this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.029


[[Page 324]]


Where:

Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average batch vent concentration of TOC or sample 
          organic HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

    (v) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be calculated 
according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 10 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.030

Where:

Epoint = Emission rate for individual measurement point, kg/
          hr.
K = Constant, 2.494 x 10--6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Concentration of TOC or sample organic HAP component j 
          of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

    (B) The emissions per batch emission episode shall be calculated 
using Equation 11 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.011

where:

Eepisode = Emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Ei = Emissions for measurement point i, kg/hr.
n = Number of measurements.

    (6) Engineering assessment may be used to estimate emissions from a 
batch emission episode, if the criteria in paragraph (b)(6)(i) are met. 
Data or other information used to demonstrate that the criteria in 
paragraph (b)(6)(i) of this section have been met shall be reported as 
specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii) 
of this section defines engineering assessment, for the purposes of 
estimating emissions from a batch emissions episode. All data, 
assumptions, and procedures used in an engineering assessment shall be 
documented.
    (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C) 
are met for a specific batch emission episode, the owner or operator may 
use engineering assessment, as described in paragraph (b)(6)(ii) of this 
section, to estimate emissions from that batch emission episode, and the 
owner or operator is not required to use the emissions estimation 
equations described in paragraphs (b)(1) through (b)(4) of this section 
to estimate emissions from that batch emission episode.
    (A) Previous test data, where the measurement of organic HAP or TOC 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (b)(1) through (b)(4) of this 
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph (b)(6)(i)(A).
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the

[[Page 325]]

demonstration is being made, taking into account the nature, size, 
operating conditions, production rate, and sequence of process steps 
(e.g., reaction, distillation, etc.) of the equipment in the other 
process train.
    (B) Previous test data obtained during the production of the product 
for which the demonstration is being made, for the batch emission 
episode with the highest organic HAP emissions on a mass basis, show a 
greater than 20 percent discrepancy between the test value and the value 
estimated using the applicable equations in paragraphs (b)(1) through 
(b)(4) of this section. If the criteria in this paragraph (b)(6)(i)(B) 
are met, then engineering assessment may be used for all batch emission 
episodes associated with that batch cycle for the batch unit operation.
    (C) The owner or operator has requested and been granted approval to 
use engineering assessment to estimate emissions from a batch emissions 
episode. The request to use engineering assessment to estimate emissions 
from a batch emissions episode shall contain sufficient information and 
data to demonstrate to the Administrator that engineering assessment is 
an accurate means of estimating emissions for that particular batch 
emissions episode. The request to use engineering assessment to estimate 
emissions for a batch emissions episode shall be submitted in the 
Precompliance Report required under Sec.  63.1335(e)(3).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices;
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions;
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
process vent; and
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities;
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (4) Estimation of TOC or organic HAP concentrations based on grab 
samples of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (b)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of 
this section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met 
shall be reported in the Notification of Compliance Status, as required 
in Sec.  63.1327(a)(6).
    (B) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (b)(6)(i)(C) of this section, and sufficient data or other 
information for demonstrating to the Administrator that engineering 
assessment is an accurate means of estimating emissions for that 
particular batch emissions episode shall be submitted with the 
Precompliance Report, as required in Sec.  63.1335(e)(3).
    (7) For each batch process vent, the TOC or organic HAP emissions 
associated with a single batch cycle shall be calculated using Equation 
12 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.012

Where:

Ecycle = Emissions for an individual batch cycle, kg/batch 
          cycle
Eepisode i = Emissions from batch emission episode i, kg/
          episode
n = Number of batch emission episodes for the batch cycle

    (8) Annual TOC or organic HAP emissions from a batch process vent 
shall be calculated using Equation 13 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.013

where:


[[Page 326]]


AE = Annual emissions from a batch process vent, kg/yr.
Ni = Number of type i batch cycles performed annually, 
          cycles/year
Ecycle i = Emissions from the batch process vent associated 
          with a single type i batch cycle, as determined in paragraph 
          (b)(7) of this section, kg/batch cycle
n = Number of different types of batch cycles that cause the emission of 
          TOC or organic HAP from the batch process vent

    (9) Individual HAP partial pressures in multicomponent systems shall 
be determined using the appropriate method specified in paragraphs 
(b)(9)(i) through (b)(9)(iii) of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and use 
the summation of all vapor pressures from the HAPs as the total HAP 
partial pressure.
    (c) [Reserved]
    (d) Minimum emission level exemption. A batch process vent with 
annual emissions of TOC or organic HAP less than 11,800 kg/yr is 
considered a Group 2 batch process vent and the owner or operator of 
said batch process vent shall comply with the requirements in Sec.  
63.1322(f) or (g). Annual emissions of TOC or organic HAP are determined 
at the exit of the batch unit operation, as described in paragraph 
(a)(2) of this section, and are determined as specified in paragraph (b) 
of this section. The owner or operator of said batch process vent is not 
required to comply with the provisions in paragraphs (e) through (g) of 
this section.
    (e) Determination of average batch vent flow rate and annual average 
batch vent flow rate. The owner or operator shall determine the average 
batch vent flow rate for each batch emission episode in accordance with 
one of the procedures provided in paragraphs (e)(1) through (e)(2) of 
this section. The annual average batch vent flow rate for a batch 
process vent shall be calculated as specified in paragraph (e)(3) of 
this section.
    (1) Determination of the average batch vent flow rate for a batch 
emission episode by direct measurement shall be made using the 
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section.
    (i) The volumetric flow rate (FRi) for a batch emission 
episode, in standard cubic meters per minute (scmm) at 20 [deg]C, shall 
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, 
as appropriate.
    (ii) The volumetric flow rate of a representative batch emission 
episode shall be measured every 15 minutes.
    (iii) The average batch vent flow rate for a batch emission episode 
shall be calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.031

Where:

AFRepisode = Average batch vent flow rate for the batch 
          emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission 
          episode.

    (2) The average batch vent flow rate for a batch emission episode 
may be determined by engineering assessment, as defined in paragraph 
(b)(6)(i) of this section. All data, assumptions, and procedures used 
shall be documented.
    (3) The annual average batch vent flow rate for a batch process vent 
shall be calculated using Equation 15 of this subpart.

[[Page 327]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.032

Where:

AFR = Annual average batch vent flow rate for the batch process vent, 
          scmm.
DURi = Duration of type i batch emission episodes annually, 
          hrs/yr.
AFRepisode, i = Average batch vent flow rate for type i batch 
          emission episode, scmm.
n = Number of types of batch emission episodes venting from the batch 
          process vent.

    (f) Determination of cutoff flow rate. For each batch process vent, 
the owner or operator shall calculate the cutoff flow rate using 
Equation 16 of this subpart.

CFR = (0.00437) (AE) - 51.6 [Eq. 16]

where:

CFR = Cutoff flow rate, scmm.
AE = Annual TOC or organic HAP emissions, as determined in paragraph 
          (b)(8) of this section, kg/yr.

    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average batch vent flow 
rate, determined in accordance with paragraph (e)(3) of this section. 
The group determination status for each batch process vent shall be made 
using the criteria specified in paragraphs (g)(1) and (g)(2) of this 
section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average batch vent flow rate of the stream, the batch process vent is 
classified as a Group 1 batch process vent.
    (2) If the cutoff flow rate is less than the annual average batch 
vent flow rate of the stream, the batch process vent is classified as a 
Group 2 batch process vent.
    (h) Determination of halogenation status. To determine whether a 
batch process vent or an aggregate batch vent stream is halogenated, the 
annual mass emission rate of halogen atoms contained in organic 
compounds shall be calculated using the procedures specified in 
paragraphs (h)(1) through (h)(3) of this section.
    (1) The concentration of each organic compound containing halogen 
atoms (ppmv, by compound) for each batch emission episode shall be 
determined after the last recovery device (if any recovery devices are 
present), based on any one of the following procedures:
    (i) Process knowledge that no halogens or hydrogen halides are 
present in the process may be used to demonstrate that a batch emission 
episode is nonhalogenated. Halogens or hydrogen halides that are 
unintentionally introduced into the process shall not be considered in 
making a finding that a batch emission episode is nonhalogenated.
    (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of 
this section.
    (iii) Average concentration of organic compounds containing halogens 
and hydrogen halides as measured by Method 26 or 26A, 40 CFR part 60, 
appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (2) The annual mass emissions of halogen atoms for a batch process 
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.033


[[Page 328]]


Where:

Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/yr), 
          where standard temperature is 20 [deg]C.
AFR = Annual average batch vent flow rate of the batch process vent, 
          determined according to paragraph (e) of this section, scmm.
Mj, i = Molecular weight of halogen atom i in compound j, kg/
          kg-mole.
Lj, i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch 
          process vent.
Cavgj = Annual average batch vent concentration of 
          halogenated compound j in the batch process vent as determined 
          by using Equation 18 of this subpart, dry basis, ppmv.
          [GRAPHIC] [TIFF OMITTED] TR19JN00.034
          
Where:

DURi = Duration of type i batch emission episodes annually, 
          hrs/yr.
Ci = Average batch vent concentration of halogenated compound 
          j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the batch 
          process vent.

    (3) The annual mass emissions of halogen atoms for an aggregate 
batch vent stream shall be the sum of the annual mass emissions of 
halogen atoms for all batch process vents included in the aggregate 
batch vent stream.
    (i) Process changes affecting Group 2 batch process vents. Whenever 
process changes, as described in paragraph (i)(1) of this section, are 
made that affect one or more Group 2 batch process vents and that could 
reasonably be expected to change one or more Group 2 batch process vents 
to Group 1 batch process vents or that could reasonably be expected to 
reduce the batch mass input limitation for one or more Group 2 batch 
process vents, the owner or operator shall comply with paragraphs (i)(2) 
and (3) of this section.
    (1) Examples of process changes include the changes listed in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
    (i) For all batch process vents, examples of process changes 
include, but are not limited to, changes in feedstock type or catalyst 
type; or whenever there is replacement, removal, or modification of 
recovery equipment considered part of the batch unit operation as 
specified in paragraph (a)(2) of this section; or increases in 
production capacity or production rate. For purposes of this paragraph 
(i), process changes do not include: Process upsets; unintentional, 
temporary process changes; and changes that are within the margin of 
variation on which the original group determination was based.
    (ii) For Group 2 batch process vents where the group determination 
and batch mass input limitation are based on the expected mix of 
products, the situations described in paragraphs (i)(1)(ii)(A) and (B) 
of this section shall be considered to be process changes.
    (A) The production of combinations of products not considered in 
establishing the batch mass input limitation.
    (B) The production of a recipe of a product with a total mass of HAP 
charged to the reactor during the production of a single batch of 
product that is higher than the total mass of HAP for the recipe used as 
the single highest-HAP recipe for that product in the batch mass input 
limitation determination.
    (iii) For Group 2 batch process vents where the group determination 
and batch mass input limitation are based on the single highest-HAP 
recipe (considering all products produced or processed in the batch unit 
operation), the production of a recipe having a total mass of HAP 
charged to the reactor (during the production of a single batch of 
product) that is higher than the total mass of HAP for the highest-HAP 
recipe used in the batch mass input limitation determination shall be 
considered to be a process change.
    (2) For each batch process vent affected by a process change, the 
owner or operator shall redetermine the group status by repeating the 
procedures specified in paragraphs (b)

[[Page 329]]

through (g) of this section, as applicable; alternatively, engineering 
assessment, as described in paragraph (b)(6)(i) of this section, may be 
used to determine the effects of the process change.
    (3) Based on the results from paragraph (i)(2) of this section, 
owners or operators of affected sources shall comply with either 
paragraph (i)(3)(i), (ii), or (iii) of this section.
    (i) If the group redetermination described in paragraph (i)(2) of 
this section indicates that a Group 2 batch process vent has become a 
Group 1 batch process vent as a result of the process change, the owner 
or operator shall submit a report as specified in Sec.  63.1327(b) and 
shall comply with the Group 1 provisions in Sec. Sec.  63.1322 through 
63.1327 in accordance with Sec.  63.1310(i)(2)(ii) or (i)(2)(iii), as 
applicable.
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch process vent with annual 
emissions less than the level specified in paragraph (d) of this 
section, that is in compliance with Sec.  63.1322(g), now has annual 
emissions greater than or equal to the level specified in paragraph (d) 
of this section but remains a Group 2 batch process vent, the owner or 
operator shall comply with the provisions in paragraphs (i)(3)(ii)(A) 
through (C) of this section.
    (A) Redetermine the batch mass input limitation;
    (B) Submit a report as specified in Sec.  63.1327(c); and
    (C) Comply with Sec.  63.1322(f), beginning with the year following 
the submittal of the report submitted according to paragraph 
(i)(3)(ii)(B) of this section.
    (iii) If the group redetermination described in paragraph (i)(2) of 
this section indicates no change in group status or no change in the 
relation of annual emissions to the levels specified in paragraph (d) of 
this section, the owner or operator shall comply with paragraphs 
(i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
    (A) The owner or operator shall redetermine the batch mass input 
limitation; and
    (B) The owner or operator shall submit the new batch mass input 
limitation in accordance with Sec.  63.1327(c).
    (j) Process changes to new SAN affected sources using a batch 
process. Whenever process changes, as described in paragraph (j)(1) of 
this section, are made to a new affected source producing SAN using a 
batch process that could reasonably be expected to adversely impact the 
compliance status (i.e., achievement of 84 percent emission reduction) 
of the affected source, the owner or operator shall comply with 
paragraphs (j)(2) and (3) of this section.
    (1) Examples of process changes include, but are not limited to, 
changes in production capacity, production rate, feedstock type, or 
catalyst type; replacement, removal, or addition of recovery equipment 
considered part of a batch unit operation, as specified in paragraph 
(a)(1) of this section; replacement, removal, or addition of control 
equipment associated with a continuous or batch process vent or an 
aggregate batch vent stream. For purposes of this paragraph (j)(1), 
process changes do not include process upsets or unintentional, 
temporary process changes.
    (2) The owner or operator shall redetermine the percent emission 
reduction achieved using the procedures specified in Sec.  63.1333(c). 
If engineering assessment, as described in paragraph (b)(6)(i) of this 
section, can demonstrate that the process change did not cause the 
percent emission reduction to decrease, it may be used in lieu of 
redetermining the percent reduction using the procedures specified in 
Sec.  63.1333(c).
    (3) Where the redetermined percent reduction is less than 84 
percent, the owner or operator of the affected source shall submit a 
report as specified in Sec.  63.1327(d) and shall comply with Sec.  
63.1322(a)(3) and all associated provisions in accordance with Sec.  
63.1310(i).

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
65 FR 38113, June 19, 2000; 66 FR 36938, July 16, 2001]



Sec.  63.1324  Batch process vents--monitoring equipment.

    (a) General requirements. Each owner or operator of a batch process 
vent or aggregate batch vent stream that uses a control device to comply 
with the requirements in Sec.  63.1322(a) or Sec.  63.1322(b),

[[Page 330]]

shall install the monitoring equipment specified in paragraph (c) of 
this section. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (1) This monitoring equipment shall be in operation at all times 
when batch emission episodes, or portions thereof, that the owner or 
operator has selected to control are vented to the control device, or at 
all times when an aggregate batch vent stream is vented to the control 
device.
    (2) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average of 
monitored parameters, established as specified in paragraph (f) of this 
section, remains above the minimum level or below the maximum level, as 
appropriate.
    (b) Continuous process vents. Each owner or operator of a continuous 
process vent that uses a control device or recovery device to comply 
with the requirements in Sec.  63.1322(a)(3) shall comply with the 
applicable requirements of Sec.  63.1315(a) as specified in Sec.  
63.1321(b).
    (c) Batch process vent and aggregate batch vent stream monitoring 
equipment. The monitoring equipment specified in paragraphs (c)(1) 
through (c)(8) of this section shall be installed as specified in 
paragraph (a) of this section. The parameters to be monitored are 
specified in Table 7 of this subpart.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
the temperature monitoring device shall be installed in the firebox or 
in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all batch process vents or aggregate batch 
vent streams are introduced with the primary fuel or are used as the 
primary fuel is exempt from this requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in concert with the combustion of halogenated batch process vents 
or halogenated aggregate batch vent streams, the following monitoring 
equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent.
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the procedures specified in 
paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream

[[Page 331]]

flow anticipated in the scrubber during representative operating 
conditions other than malfunctions. The plan shall include a description 
of the methodology to be followed and an explanation of how the selected 
methodology will reliably determine the gas stream flow, and a 
description of the records that will be maintained to document the 
determination of gas stream flow. The owner or operator shall maintain 
the plan as specified in Sec.  63.1335(a).
    (5) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are required, 
each equipped with a continuous recorder.
    (6) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.
    (7) Where a carbon adsorber is used, an integrating regeneration 
steam flow or nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle are required.
    (8) As an alternate to paragraphs (c)(5) through (c)(7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (d) Alternative monitoring parameters. An owner or operator of a 
batch process vent or aggregate batch vent stream may request approval 
to monitor parameters other than those required by paragraph (c) of this 
section. The request shall be submitted according to the procedures 
specified in Sec.  63.1327(f) and Sec.  63.1335(f). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than those included in paragraph (c) 
of this section; or
    (2) Uses one of the control devices included in paragraph (c) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 7 of this subpart and paragraph (c) of this section.
    (e) Monitoring of bypass lines. Owners or operators of a batch 
process vent or aggregate batch vent stream using a vent system that 
contains bypass lines that could divert emissions away from a control 
device used to comply with Sec.  63.1322(a) or Sec.  63.1322(b) shall 
comply with either paragraph (e)(1) or (e)(2) of this section. Equipment 
such as low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and pressure relief valves needed for safety purposes 
are not subject to this paragraph (e).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec.  63.1326(e)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device and to the atmosphere; or
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in the 
non-diverting position and emissions are not diverted through the bypass 
line. Records shall be generated as specified in Sec.  63.1326(e)(4).
    (f) Establishment of parameter monitoring levels. Parameter 
monitoring levels for batch process vents and aggregate batch vent 
streams shall be established as specified in paragraphs (f)(1) through 
(f)(3) of this section. For continuous process vents complying with 
Sec.  63.1322(a)(3), parameter monitoring levels shall be established as 
specified in Sec.  63.1315(a), except as specified in paragraph (f)(4) 
of this section.
    (1) For each parameter monitored under paragraph (c) or (d) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 8 of 
this subpart, that indicates proper operation of the control device. The 
level shall be established in accordance with the procedures specified 
in Sec.  63.1334. The level may be based upon a prior performance

[[Page 332]]

test conducted for determining compliance with a regulation promulgated 
by EPA, and the owner or operator is not required to conduct a 
performance test under Sec.  63.1325, provided that the prior 
performance test meets the conditions of Sec.  63.1325(b)(3).
    (i) For batch process vents using a control device to comply with 
Sec.  63.1322(a)(2), the established level shall reflect the control 
efficiency established as part of the initial compliance demonstration 
specified in Sec.  63.1325(c)(2).
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec.  63.1322(b)(2), the established level shall reflect the 
emission reduction requirement of either 90 percent or 20 ppmv specified 
in Sec.  63.1322(b)(2).
    (iii) For batch process vents and aggregate batch vent streams using 
a control device to comply with Sec.  63.1322(a)(3), the established 
level shall reflect the control efficiency established as part of the 
initial compliance demonstration specified in Sec.  63.1325(f)(4).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in Sec.  63.1335(e)(5) or Sec.  
63.1335(e)(8), respectively.
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (f)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends. The 
operating day shall not exceed 24 hours.
    (4) For continuous process vents using a control or recovery device 
to comply with Sec.  63.1322(a)(3), the established level shall reflect 
the control efficiency established as part of the initial compliance 
demonstration specified in Sec.  63.1325(f)(4).

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38118, June 19, 2000; 
66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014]



Sec.  63.1325  Batch process vents--performance test methods and 
procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with Sec.  
63.1322(a)(1), Sec.  63.1322(a)(3), Sec.  63.1322(b)(1), or Sec.  
63.1322(b)(3), the owner or operator of an affected source shall comply 
with Sec.  63.1333(e).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(5) of this section is used to comply 
with Sec.  63.1322(a)(2) or (a)(3).
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the vent stream is introduced 
with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes. Recovery devices used for 
controlling emissions from continuous process vents complying with Sec.  
63.1322(a)(3) are also eligible for the exemption described in this 
paragraph (b)(3).
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Batch process vent testing and procedures for compliance with 
Sec.  63.1322(a)(2). Except as provided in paragraph (a) or (b) of this 
section, an

[[Page 333]]

owner or operator using a control device to comply with Sec.  
63.1322(a)(2) shall conduct a performance test using the procedures 
specified in paragraph (c)(1) of this section in order to determine the 
control efficiency of the control device. An owner or operator shall 
determine the percent reduction for the batch cycle using the control 
efficiency of the control device as specified in paragraphs (c)(2)(i) 
through (c)(2)(iii) of this section and the procedures specified in 
paragraph (c)(2) of this section. Compliance may be based on either 
total organic HAP or TOC. For purposes of this paragraph (c), the term 
``batch emission episode'' shall have the meaning ``period of the batch 
emission episode selected for control,'' which may be the entire batch 
emission episode or may only be a portion of the batch emission episode.
    (1) Performance tests shall be conducted as specified in paragraphs 
(c)(1)(i) through (c)(1)(v) of this section.
    (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a 
test shall be performed for the entire period of each batch emission 
episode in the batch cycle that the owner or operator selects to control 
as part of achieving the required 90 percent emission reduction for the 
batch cycle specified in Sec.  63.1322(a)(2). Only one test is required 
for each batch emission episode selected by the owner or operator for 
control. The owner or operator shall follow the procedures listed in 
paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section.
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing either of these options 
shall develop an emission profile for the entire batch emission episode, 
based on either process knowledge or test data collected, to demonstrate 
that test periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
provided the results are still relevant to the current batch process 
vent conditions.
    (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube, except that references to particulate matter in 
Method 1A do not apply for the purposes of this subpart. No traverse is 
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to 
determine gas stream volumetric flow rate. Inlet sampling sites shall be 
located as specified in paragraphs (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2) 
of this section. Outlet sampling sites shall be located at the outlet of 
the control device prior to release to the atmosphere.
    (1) The control device inlet sampling site shall be located at the 
exit from the batch unit operation before any control device. Sec.  
63.1323(a)(2) describes those recovery devices considered part of the 
unit operation. Inlet sampling sites would be after these specified 
recovery devices.
    (2) If a batch process vent is introduced with the combustion air or 
as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all batch process vents and 
primary and secondary fuels introduced into the boiler or process 
heater.
    (C) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec.  63.1323(e).
    (D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part may be used. The use of Method 25A, 40 CFR part 
60, appendix A shall conform with the requirements in paragraphs 
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.

[[Page 334]]

    (2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (ii) If an integrated sample is taken over the entire test period to 
determine average batch vent concentration of TOC or total organic HAP, 
emissions per batch emission episode shall be calculated using Equations 
19 and 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.035

[GRAPHIC] [TIFF OMITTED] TR19JN00.036

Where:

Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average inlet or outlet concentration of TOC or sample 
          organic HAP component j of the gas stream for the batch 
          emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch 
          emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream. Note: Summation is not applicable 
          if TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

    (iii) If grab samples are taken to determine average batch vent 
concentration of TOC or total organic HAP, emissions shall be calculated 
according to paragraphs (c)(1)(iii)(A) and (B) of this section.
    (A) For each measurement point, the emission rates shall be 
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.037

[GRAPHIC] [TIFF OMITTED] TR19JN00.038

Where:

Epoint = Inlet or outlet emission rate for the measurement 
          point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Inlet or outlet concentration of TOC or sample organic 
          HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point, 
          dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not applicable 
          if TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.


[[Page 335]]


    (B) The emissions per batch emission episode shall be calculated 
using Equations 23 and 24 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.022

[GRAPHIC] [TIFF OMITTED] TR12SE96.023

where:

Eepisode = Inlet or outlet emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Epoint, i = Inlet or outlet emissions for measurement point 
          i, kg/hr.
n = Number of measurements.

    (iv) The control efficiency for the control device shall be 
calculated using Equation 25 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.024

where:

R = Control efficiency of control device, percent.
Einlet = Mass rate of TOC or total organic HAP for batch 
          emission episode i at the inlet to the control device as 
          calculated under paragraph (c)(1)(ii) or (c)(1)(iii) of this 
          section, kg/hr.
Eoutlet = Mass rate of TOC or total organic HAP for batch 
          emission episode i at the outlet of the control device, as 
          calculated under paragraph (c)(1)(ii) or (c)(1)(iii) of this 
          section, kg/hr.
n = Number of batch emission episodes in the batch cycle selected to be 
          controlled.

    (v) If the batch process vent entering a boiler or process heater 
with a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP or TOC across the device shall be determined by 
comparing the TOC or total organic HAP in all combusted batch process 
vents and primary and secondary fuels with the TOC or total organic HAP, 
respectively, exiting the combustion device.
    (2) The percent reduction for the batch cycle shall be determined 
using Equation 26 of this subpart and the control device efficiencies 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. 
All information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch emission 
episodes, shall be recorded as specified in Sec.  63.1326(b)(2). This 
information shall include identification of those batch emission 
episodes, or portions thereof, selected for control.

[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.039

Where:

PR = Percent reduction
Eunc = Mass rate of TOC or total organic HAP for uncontrolled 
          batch emission episode i, kg/hr.
Einlet, con = Mass rate of TOC or total organic HAP for 
          controlled batch emission episode i at the inlet to the 
          control device, kg/hr.
R = Control efficiency of control device as specified in paragraphs 
          (c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch 
          emission episodes, and control devices. The value of n is not 
          necessarily the same for these three items.

    (i) If a performance test is required by paragraph (c) of this 
section, the control efficiency of the control device shall be as 
determined in paragraph (c)(1)(iv) of this section.
    (ii) If a performance test is not required by paragraph (c) of this 
section for a combustion control device, as specified in paragraph (b) 
of this section, the control efficiency shall be 98 percent. The control 
efficiency for a flare shall be 98 percent.
    (iii) If a performance test is not required by paragraph (c) of this 
section for a noncombustion control device, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (d) Batch process vent and aggregate batch vent stream testing for 
compliance with Sec.  63.1322(c) [halogenated emission streams]. An 
owner or operator controlling halogenated emissions in compliance with 
Sec.  63.1322(c) shall conduct a performance test to determine 
compliance with the control efficiency specified in Sec.  63.1322(c)(1) 
or the emission limit specified in Sec.  63.1322(c)(2) for hydrogen 
halides and halogens.
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other halogen reduction device used to reduce halogen 
emissions in complying with Sec.  63.1322(c)(1) or at the outlet of the 
halogen reduction device used to reduce halogen emissions in complying 
with Sec.  63.1322(c)(2).
    (2) The mass emissions of each hydrogen halide and halogen compound 
for the batch cycle or aggregate batch vent stream shall be calculated 
from the measured concentrations and the gas stream flow rate(s) 
determined by the procedures specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section except as specified in paragraph (d)(5) of 
this section.
    (i) Method 26 or Method 26A, 40 CFR part 60, appendix A, shall be 
used to determine the concentration, in Mg per dry scm, of total 
hydrogen halides and halogens present in the emissions stream.
    (ii) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec.  63.1323(e).
    (3) To determine compliance with the percent reduction specified in 
Sec.  63.1322(c)(1), the mass emissions for any hydrogen halides and 
halogens present at the inlet of the scrubber or other halogen reduction 
device shall be summed together. The mass emissions of any hydrogen 
halides or halogens present at the outlet of the scrubber or other 
halogen reduction device shall be summed together. Percent reduction 
shall be determined by subtracting the outlet mass emissions from the 
inlet mass emissions and then dividing the result by the inlet mass 
emissions and multiplying by 100.
    (4) To determine compliance with the emission limit specified in 
Sec.  63.1322(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the halogen reduction device and 
prior to any combustion device shall be summed together and compared to 
the emission limit specified in Sec.  63.1322(c)(2).

[[Page 337]]

    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301 of appendix A of this part.
    (e) Aggregate batch vent stream testing for compliance with Sec.  
63.1322(b)(2) or (b)(3). Except as specified in paragraphs (e)(1) 
through (e)(3) of this section, owners or operators of aggregate batch 
vent streams complying with Sec.  63.1322(b)(2) or (b)(3) shall conduct 
a performance test using the performance testing procedures for 
continuous process vents in Sec.  63.116(c).
    (1) For purposes of this subpart, when the provisions of Sec.  
63.116(c) specify that Method 18, 40 CFR part 60, appendix A, shall be 
used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used. 
The use of Method 25A, 40 CFR part 60, appendix A, shall conform with 
the requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (2) When Sec.  63.116(c)(4) refers to complying with an emission 
reduction of 98 percent, for purposes of this subpart, the 90 percent 
reduction requirement specified in Sec.  63.1322(b)(2) shall apply.
    (3) When a combustion device is used to comply with the 20 parts per 
million by volume outlet concentration standard specified in Sec.  
63.1322(b)(2), the correction to 3 percent oxygen specified in the 
performance testing procedures of Sec.  63.116(c)(3) and Sec.  
63.116(c)(3)(iii) is only required when supplemental combustion air is 
used to combust the emissions, for the purposes of this subpart.
    (f) Compliance with Sec.  63.1322(a)(3) [new SAN batch affected 
sources]. Except as provided in paragraph (b) of this section, an owner 
or operator using a control or recovery device to comply with the 
percent reduction requirement in Sec.  63.1322(a)(3) shall conduct 
performance tests as specified in either paragraph (f)(1), (f)(2), or 
(f)(3) of this section, as applicable. Compliance with Sec.  
63.1322(a)(3) shall be determined as specified in paragraph (f)(4) of 
this section.
    (1) For batch process vents, performance tests shall be conducted 
using the procedures specified in paragraph (c) of this section, except 
that the owner or operator is not required to determine the percent 
reduction for the batch cycle as specified in paragraph (c)(2) of this 
section.
    (2) For continuous process vents, performance tests shall be 
conducted as required by the applicable requirements of Sec.  63.1315(a) 
as specified in Sec.  63.1321(b).
    (3) For aggregate batch vent streams, performance tests shall be 
conducted as specified in paragraph (e) of this section.
    (4) Compliance with the percent reduction requirement of Sec.  
63.1322(a)(3) shall be demonstrated using the procedures specified in 
Sec.  63.1333(c) and the control device efficiencies specified in either 
paragraph (f)(4)(i) or (f)(4)(ii) of this section. Emissions for 
uncontrolled continuous process vents and aggregate batch vent streams 
shall be determined based on the direct measurement procedures specified 
in paragraph (f)(2) and (f)(3) of this section, respectively, or based 
on engineering assessment, as specified in Sec.  63.1323(b)(6)(i). At 
the discretion of the owner or operator, emissions for uncontrolled 
batch process vents shall be determined based on any of the procedures 
in Sec.  63.1323(b).
    (i) For noncombustion devices, the control efficiency shall be as 
determined by the performance test required by paragraph (f)(1), (f)(2), 
or (f)(3) of this section. Alternatively, if a performance test is not 
required by paragraph (c) of this section, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (ii) For combustion devices, the control efficiency shall be as 
determined by the performance test required by paragraph (f)(1), (f)(2), 
or (f)(3) of this section. Alternatively, if a performance test is not 
required, the control

[[Page 338]]

efficiency shall be 98 percent. The control efficiency for a flare shall 
be 98 percent.
    (g) Batch mass input limitation. The batch mass input limitation 
required by Sec.  63.1322(g)(1) shall be determined by the owner or 
operator such that annual emissions for the batch process vent remain 
less than the level specified in Sec.  63.1323(d). The batch mass input 
limitation required by Sec.  63.1322(f)(1) shall be determined by the 
owner or operator such that annual emissions remain at a level that 
ensures that said batch process vent remains a Group 2 batch process 
vent, given the actual annual flow rate for said batch process vent 
determined according to the procedures specified in Sec.  63.1323(e)(3). 
The batch mass input limitation shall be determined using the same 
basis, as described in Sec.  63.1323(a)(1), used to make the group 
determination (i.e., expected mix of products or highest-HAP recipe.) 
The establishment of the batch mass input limitation is not dependent 
upon any past production or activity level.
    (1) If the expected mix of products serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based on any foreseeable combination of products that the 
owner or operator expects to manufacture.
    (2) If the single highest-HAP recipe serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based solely on the production of the single highest-HAP 
recipe, considering all products produced or processed in the batch unit 
operation.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
65 FR 38119, June 19, 2000]



Sec.  63.1326  Batch process vents--recordkeeping provisions.

    (a) Group determination records for batch process vents. Except as 
provided in paragraphs (a)(7) and (a)(8) of this section, each owner or 
operator of an affected source shall maintain the records specified in 
paragraphs (a)(1) through (a)(6) of this section for each batch process 
vent subject to the group determination procedures of Sec.  63.1323. 
Except for paragraph (a)(1) of this section, the records required by 
this paragraph (a) are restricted to the information developed and used 
to make the group determination under Sec. Sec.  63.1323(b) through 
63.1323(g), as appropriate. If an owner or operator did not need to 
develop certain information (e.g., annual average batch vent flow rate) 
to determine the group status, this paragraph (a) does not require that 
additional information be developed. Paragraph (a)(9) of this section 
specifies the recordkeeping requirements for Group 2 batch process vents 
that are exempt from the batch mass input limitation provisions, as 
allowed under Sec.  63.1322(h).
    (1) An identification of each unique product that has emissions from 
one or more batch emission episodes venting from the batch process vent, 
along with an identification of the single highest-HAP recipe for each 
product and the mass of HAP fed to the reactor for that recipe.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this 
section, as appropriate.
    (i) If the group determination is based on the expected mix of 
products, records shall include the emission estimates for the single 
highest-HAP recipe of each unique product identified in paragraph (a)(1) 
of this section that was considered in making the group determination 
under Sec.  63.1323.
    (ii) If the group determination is based on the single highest-HAP 
recipe (considering all products produced or processed in the batch unit 
operation), records shall include the emission estimates for the single 
highest-HAP recipe.
    (3) Total annual uncontrolled TOC or organic HAP emissions, 
determined at the exit from the batch unit operation before any control 
device, determined in accordance with Sec.  63.1323(b).
    (i) For Group 2 batch process vents, said emissions shall be 
determined at the batch mass input limitation.
    (ii) For Group 1 batch process vents, said emissions shall be those 
used to determine the group status of the batch process vent.
    (4) The annual average batch vent flow rate for the batch process 
vent,

[[Page 339]]

determined in accordance with Sec.  63.1323(e).
    (5) The cutoff flow rate, determined in accordance with Sec.  
63.1323(f).
    (6) The results of the batch process vent group determination, 
conducted in accordance with Sec.  63.1323(g).
    (7) If a batch process vent is subject to Sec.  63.1322(a) or (b), 
none of the records in paragraphs (a)(1) through (a)(6) of this section 
are required.
    (8) If the total annual emissions from the batch process vent during 
the group determination are less than the appropriate level specified in 
Sec.  63.1323(d), only the records in paragraphs (a)(1) through (a)(3) 
of this section are required.
    (9) For each Group 2 batch process vent that is exempt from the 
batch mass input limitation provisions because it meets the criteria of 
Sec.  63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii) 
shall be maintained.
    (i) Documentation of the maximum design capacity of the TPPU; and
    (ii) The mass of HAP or material that can be charged annually to the 
batch unit operation at the maximum design capacity.
    (b) Compliance demonstration records. Each owner or operator of a 
batch process vent or aggregate batch vent stream complying with Sec.  
63.1322(a) or (b), shall keep the following records, as applicable, 
readily accessible:
    (1) The annual mass emissions of halogen atoms in the batch process 
vent or aggregate batch vent stream determined according to the 
procedures specified in Sec.  63.1323(h);
    (2) If the owner or operator of a batch process vent has chosen to 
comply with Sec.  63.1322(a)(2), records documenting the batch cycle 
percent reduction as specified in Sec.  63.1325(c)(2); and
    (3) When using a flare to comply with Sec.  63.1322 (a)(1), (a)(3), 
(b)(1), or (b)(3):
    (i) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1333(e); and
    (iii) Periods when all pilot flames were absent.
    (4) The following information when using a control device to meet 
the percent reduction requirement specified in Sec.  63.1322(a)(2), 
(a)(3), (b)(2), or (b)(3):
    (i) For an incinerator or non-combustion control device, the percent 
reduction of organic HAP or TOC achieved, as determined using the 
procedures specified in Sec.  63.1325(c) for batch process vents and 
Sec.  63.1325(e) for aggregate batch vent streams;
    (ii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater;
    (iii) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or TOC 
achieved, as determined using the procedures specified in Sec.  
63.1325(c) for batch process vents and Sec.  63.1325(e) for aggregate 
batch vent streams; and
    (iv) For a scrubber or other halogen reduction device following a 
combustion device to control halogenated batch process vents or 
halogenated aggregate batch vent streams, the percent reduction of total 
hydrogen halides and halogens as determined under Sec.  63.1325(d)(3) or 
the emission limit determined under Sec.  63.1325(d)(4).
    (5) When complying with the 20 parts per million by volume outlet 
concentration standard specified in Sec.  63.1322(b)(2), records of the 
outlet concentration of organic HAP or TOC on a dry basis. If 
supplemental combustion air is used to combust the emissions, the outlet 
concentration shall be corrected to 3 percent oxygen. If supplemental 
combustion air is not used, a correction to 3 percent oxygen is not 
required.
    (c) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec.  63.1324(c) and Table 7 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec.  63.1327(f) as allowed under 
Sec.  63.1324(d), maintain documentation showing the establishment of 
the level that indicates proper operation of the control device as 
required by Sec.  63.1324(f) for parameters specified in Sec.  
63.1324(c)

[[Page 340]]

and as required by Sec.  63.1335(e) for alternate parameters. Said 
documentation shall include the parameter monitoring data used to 
establish the level.
    (d) Group 2 batch process vent continuous compliance records. The 
owner or operator of a Group 2 batch process vent shall comply with 
either paragraph (d)(1) or (d)(2) of this section, as appropriate.
    (1) The owner or operator of a Group 2 batch process vent that has 
chosen to comply with Sec.  63.1322(g) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec.  63.1322(g)(1) and specified in Sec.  63.1325(g).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (2) The owner or operator of a Group 2 batch process vent that has 
chosen to comply with Sec.  63.1322(f) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec.  63.1322(f)(1) and specified in Sec.  63.1325(g).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (e) Controlled batch process vent continuous compliance records. 
Each owner or operator of a batch process vent that has chosen to use a 
control device to comply with Sec.  63.1322(a) shall keep the following 
records, as applicable, readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.1324(c) as applicable, and 
listed in Table 7 of this subpart, or specified by the Administrator in 
accordance with Sec.  63.1327(f) as allowed under Sec.  63.1324(d). Said 
records shall be kept as specified under Sec.  63.1335(d), except as 
specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For flares, the records specified in Table 7 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 7 of this 
subpart shall be maintained in place of batch cycle daily averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraph 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
    (i) The batch cycle daily average shall be calculated as the average 
of all parameter values measured for an operating day during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has selected to control.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the TPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions, or periods of start-up, shutdown, or 
malfunction shall not be included in computing the batch cycle daily 
averages.
    (iii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum level 
established in accordance with Sec.  63.1324(f), the owner or operator 
may record that all values were above the minimum or below the maximum 
level established rather than calculating and recording a batch cycle 
daily average for that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified in Sec.  63.1324(e)(1) was operating and whether a diversion 
was detected at any time during the hour. Also, records of the times of 
all periods when the vent is diverted from the control device or the 
flow indicator specified in Sec.  63.1324(e)(1) is not operating.
    (4) Where a seal or closure mechanism is used to comply with Sec.  
63.1324(e)(2), hourly records of whether a diversion was detected at any 
time are not required. The owner or operator shall record whether the 
monthly visual inspection of the seals or closure mechanisms has been 
done, and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been

[[Page 341]]

checked out, and records of any car-seal that has broken.
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec.  63.1322(b)(1) or (b)(2) shall keep 
the following records readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.1324(c) and listed in Table 7 
of this subpart, as applicable, or specified by the Administrator in 
accordance with Sec.  63.1327(f), as allowed under Sec.  63.1324(d), 
with the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section.
    (i) For flares, the records specified in Table 7 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 7 of this 
subpart shall be maintained in place of daily averages.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec.  63.1335(d).
    (3) For demonstrating compliance with the monitoring of bypass lines 
as specified in Sec.  63.1324(e), records as specified in paragraphs 
(e)(3) or (e)(4) of this section, as appropriate.
    (g) Documentation supporting the establishment of the batch mass 
input limitation shall include the information specified in paragraphs 
(g)(1) through (g)(5) of this section, as appropriate.
    (1) Identification of whether the purpose of the batch mass input 
limitation is to comply with Sec.  63.1322(f)(1) or (g)(1).
    (2) Identification of whether the batch mass input limitation is 
based on the single highest-HAP recipe (considering all products) or on 
the expected mix of products for the batch process vent as allowed under 
Sec.  63.1323(a)(1).
    (3) Definition of the operating year, for the purposes of 
determining compliance with the batch mass input limitation.
    (4) If the batch mass input limitation is based on the expected mix 
of products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many of each type of product) as the owner or operator desires the 
flexibility to accomplish. Alternatively, the owner or operator shall 
provide a description of the relationship among the mix of products that 
will allow a determination of compliance with the batch mass input 
limitation under any number of scenarios.
    (5) The mass of HAP or material allowed to be charged to the batch 
unit operation per year under the batch mass input limitation.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
65 FR 38122, June 19, 2000]



Sec.  63.1327  Batch process vents--reporting requirements.

    (a) The owner or operator of a batch process vent or aggregate batch 
vent stream at an affected source shall submit the information specified 
in paragraphs (a)(1) through (a)(6) of this section, as appropriate, as 
part of the Notification of Compliance Status specified in Sec.  
63.1335(e)(5).
    (1) For each batch process vent complying Sec.  63.1322(a) and each 
aggregate batch vent stream complying Sec.  63.1322(b), the information 
specified in Sec.  63.1326 (b) and (c), as applicable.
    (2) For each Group 2 batch process vent with annual emissions less 
than the level specified in Sec.  63.1323(d), the information specified 
in Sec.  63.1326(d)(1)(i).
    (3) For each Group 2 batch process vent with annual emissions 
greater than or equal to the level specified in Sec.  63.1323(d), the 
information specified in Sec.  63.1326(d)(2)(i).
    (4) For each batch process vent subject to the group determination 
procedures, the information specified in Sec.  63.1326(a), as 
appropriate.
    (5) For each Group 2 batch process vent that is exempt from the 
batch

[[Page 342]]

mass input limitation provisions because it meets the criteria of Sec.  
63.1322(h), the information specified in Sec.  63.1326(a)(1) through 
(3), and the information specified in Sec.  63.1326(a)(4) through (6) as 
applicable, calculated at the conditions specified in Sec.  63.1322(h).
    (6) When engineering assessment has been used to estimate emissions 
from a batch emissions episode and the criteria specified in Sec.  
63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator shall 
submit the information demonstrating that the criteria specified in 
Sec.  63.1323(b)(6)(i)(A) or (B) have been met as part of the 
Notification of Compliance Status required by Sec.  63.1335(e)(5).
    (b) Whenever a process change, as defined in Sec.  63.1323(i)(1), is 
made that causes a Group 2 batch process vent to become a Group 1 batch 
process vent, the owner or operator shall notify the Administrator and 
submit a description of the process change within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. The owner or operator of an affected source shall comply with the 
Group 1 batch process vent provisions in Sec. Sec.  63.1321 through 
63.1327 in accordance with Sec.  63.1310(i)(2)(ii).
    (c) Whenever a process change, as defined in Sec.  63.1323(i)(1), is 
made that causes a Group 2 batch process vent with annual emissions less 
than the level specified in Sec.  63.1323(d) for which the owner or 
operator has chosen to comply with Sec.  63.1322(g) to have annual 
emissions greater than or equal to the level specified in Sec.  
63.1323(d) but remains a Group 2 batch process vent, or if a process 
change is made that requires the owner or operator to redetermine the 
batch mass input limitation as specified in Sec.  63.1323(i)(3), the 
owner or operator shall submit a report within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. The following information shall be submitted:
    (1) A description of the process change;
    (2) The batch mass input limitation determined in accordance with 
Sec.  63.1322(f)(1).
    (d) Whenever a process change, as defined in Sec.  63.1323(j)(1), is 
made that could potentially cause the percent reduction for all process 
vents at a new SAN affected source using a batch process to be less than 
84 percent, the owner or operator shall notify the Administrator and 
submit a description of the process change within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. The owner or operator shall comply with Sec.  63.1322(a)(3) and 
all associated provisions in accordance with Sec.  63.1310(i).
    (e) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (e)(1) 
or (e)(2) of this section is met.
    (1) The change does not meet the description of a process change in 
Sec.  63.1323(i) or (j).
    (2) The redetermined group status remains Group 2 for an individual 
batch process vent with annual emissions greater than or equal to the 
level specified in Sec.  63.1323(d) and the batch mass input limitation 
does not decrease, a Group 2 batch process vent with annual emissions 
less than the level specified in Sec.  63.1323(d) complying with Sec.  
63.1322(g) continues to have emissions less than the level specified in 
Sec.  63.1323(d) and the batch mass input limitation does not decrease, 
or the achieved emission reduction remains at 84 percent or greater for 
new SAN affected sources using a batch process.
    (f) If an owner or operator uses a control device other than those 
specified in Sec.  63.1324(c) and listed in Table 7 of this subpart or 
requests approval to monitor a parameter other than those specified 
Sec.  63.1324(c) and listed in Table 7 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec.  63.1335(f), as part of 
the Precompliance Report required under Sec.  63.1335(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (g) Owners or operators of affected sources complying with Sec.  
63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this 
section, as appropriate.
    (1) Submit reports of the times of all periods recorded under Sec.  
63.1326(e)(3) when the batch process vent is diverted

[[Page 343]]

from the control device through a bypass line, with the next Periodic 
Report.
    (2) Submit reports of all occurrences recorded under Sec.  
63.1326(e)(4) in which the seal mechanism is broken, the bypass line 
damper or valve position has changed, or the key to unlock the bypass 
line damper or valve was checked out, with the next Periodic Report.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38123, June 19, 2000; 
66 FR 36938, July 16, 2001]



Sec.  63.1328  Heat exchange systems provisions.

    (a) Except as specified in paragraph (b) of this section, each owner 
or operator of an affected source shall comply with Sec.  63.104, with 
the differences noted in paragraphs (c) through (h) of this section, for 
the purposes of this subpart.
    (b) The provisions of paragraph (a) of this section do not apply to 
each process contact cooling tower that is associated with an existing 
affected source manufacturing PET.
    (c) When the term ``chemical manufacturing process unit'' is used in 
Sec.  63.104, the term ``thermoplastic product process unit'' shall 
apply for purposes of this subpart, with the exception noted in 
paragraph (d) of this section.
    (d) When the phrase ``a chemical manufacturing process unit meeting 
the conditions of Sec.  63.100(b)(1) through (b)(3) of this subpart, 
except for chemical manufacturing process units meeting the condition 
specified in Sec.  63.100(c) of this subpart'' is used in Sec.  
63.104(a), the term ``a TPPU, except for TPPUs meeting the condition 
specified in Sec.  63.1310(b)'' shall apply for purposes of this 
subpart.
    (e) When Sec.  63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 6 of this subpart, 
except for ethylene glycol which need not be considered under this 
section, for purposes of this subpart.
    (f) When Sec.  63.104(c)(3) specifies the monitoring plan retention 
requirements, and when Sec.  63.104(f)(1) refers to the record retention 
requirements in Sec.  63.103(c)(1), the requirements in Sec. Sec.  
63.1335(a) and 63.1335(h) shall apply, for purposes of this subpart.
    (g) When Sec.  63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec.  63.152(c), the owner or operator 
shall instead report the information specified in Sec.  63.104(f)(2) in 
the Periodic Reports required by Sec.  63.1335(e)(6), for the purposes 
of this subpart.
    (h) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec.  63.1311.

[65 FR 38124, June 19, 2000]



Sec.  63.1329  Process contact cooling towers provisions.

    (a) The owner or operator of each new affected source that 
manufactures PET is required to comply with paragraph (b) of this 
section. The owner or operator of each existing affected source that 
manufactures PET using a continuous terephthalic acid high viscosity 
multiple end finisher process that utilizes a process contact cooling 
tower shall comply with paragraph (c) of this section, and is not 
required to comply with paragraph (b) of this section. The compliance 
date for process contact cooling towers subject to the provisions of 
this section is specified in Sec.  63.1311.
    (b) New affected source requirements. The owner or operator of a new 
affected source subject to this section shall comply with paragraphs 
(b)(1) through (b)(2) of this section.
    (1) The owner or operator of a new affected source subject to this 
section shall not send contact condenser effluent associated with a 
vacuum system to a process contact cooling tower.
    (2) The owner or operator of a new affected source subject to this 
section shall indicate in the Notification of Compliance Status, as 
required in Sec.  63.1335(e)(5), that contact condenser effluent 
associated with vacuum systems is not sent to process contact cooling 
towers.
    (c) Existing affected source requirements. The owner or operator of 
an existing affected source subject to this section who manufactures PET 
using a continuous terephthalic acid high viscosity multiple end 
finisher process and who is subject or becomes subject

[[Page 344]]

to 40 CFR part 60, subpart DDD, shall maintain an ethylene glycol 
concentration in the process contact cooling tower at or below 6.0 
percent by weight averaged on a daily basis over a rolling 14-day period 
of operating days. Compliance with this paragraph (c) shall be 
determined as specified in paragraphs (c)(1) through (c)(4) of this 
section. It should be noted that compliance with this paragraph (c) does 
not exempt owners or operators from complying with the provisions of 
Sec.  63.1330 for those process wastewater streams that are sent to the 
process contact cooling tower.
    (1) To determine the ethylene glycol concentration, owners or 
operators shall follow the procedures specified in 40 CFR 60.564(j)(1), 
except as provided in paragraph (c)(2) of this section.
    (i) At least one sample per operating day shall be collected using 
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene 
glycol concentration by weight shall be calculated on a daily basis over 
a rolling 14-day period of operating days. Each daily average ethylene 
glycol concentration so calculated constitutes a performance test.
    (ii) The owner or operator may elect to reduce the sampling program 
to any 14 consecutive operating day period once every two calendar 
months, if at least seventeen consecutive 14-day rolling average 
concentrations immediately preceding the reduced sampling program are 
each less than 1.2 weight percent ethylene glycol. If the average 
concentration obtained over the 14 operating day sampling during the 
reduced test period exceeds the upper 95 percent confidence interval 
calculated from the most recent test results in which no one 14-day 
average exceeded 1.2 weight percent ethylene glycol, then the owner or 
operator shall reinstitute a daily sampling program. The 95 percent 
confidence interval shall be calculated as specified in paragraph 
(c)(1)(iii) of this section. A reduced program may be reinstituted if 
the requirements specified in this paragraph (c)(1)(ii) are met.
    (iii) The upper 95 percent confidence interval shall be calculated 
using the Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR19JN00.040

Where:

CI95 = 95 percent confidence interval
Xi = daily ethylene glycol concentration for each operating 
          day used to calculate each 14-day rolling average used in test 
          results to justify implementing the reduced testing program.
n = number of ethylene glycol concentrations.

    (2) Measuring an alternative parameter, such as carbon oxygen demand 
or biological oxygen demand, that is demonstrated to be directly 
proportional to the ethylene glycol concentration shall be allowed. Such 
parameter shall be measured during the initial 14-day performance test 
during which the facility is shown to be in compliance with the ethylene 
glycol concentration standard whereby the ethylene glycol concentration 
is determined using the procedures described in paragraph (c)(1) of this 
section. The alternative parameter shall be measured on a daily basis 
and the average value of the alternative parameter shall be calculated 
on a daily basis over a rolling 14-day period of operating days. Each 
daily average value of the alternative parameter constitutes a 
performance test.
    (i) Where 40 CFR 60.564(j)(1) requires the use of ASTM D2908-74 or 
91, ``Standard Practice for Measuring Volatile Organic Matter in Water 
by Aqueous-Injection Gas Chromatography,'' ASTM D2908-91 (2011), D2908-
91 (2005), D2908-91 (2001), D2908-91, or D2908-74 (all standards 
incorporated by reference, see Sec.  63.14) may be used.

[[Page 345]]

    (ii) Where 40 CFR 60.564(j)(1)(i) requires the use of ASTM D3370-76 
or 95a, ``Standard Practices for Sampling Water from Closed Conduits,'' 
ASTM D3370-10, D3370-08, D3370-07, D3370-95a, or D3370-76 (all standards 
incorporated by reference, see Sec.  63.14) may be used.
    (3) During each performance test, daily measurement and daily 
average 14-day rolling averages of the ethylene glycol concentration in 
the cooling tower water shall be recorded. For the initial performance 
test, these records shall be submitted in the Notification of Compliance 
Status report.
    (4) All periods when the 14-day rolling average exceeds the standard 
shall be reported in the Periodic Report.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38124, June 19, 2000; 
79 FR 17366, Mar. 27, 2014]



Sec.  63.1330  Wastewater provisions.

    (a) Except as specified in paragraphs (d) and (e) of this section, 
the owner or operator of each affected source shall comply with 
paragraphs (b) and (c) of this section.
    (b) The owner or operator of each affected source shall comply with 
the requirements of Sec. Sec.  63.132 through 63.149, with the 
differences noted in paragraphs (b)(1) through (b)(22) of this section 
for the purposes of this subpart.
    (1) When the determination of equivalence criteria in Sec.  
63.102(b) is referred to in Sec. Sec.  63.132, 63.133, and 63.137, the 
provisions in Sec.  63.6(g) shall apply for the purposes of this 
subpart.
    (2) When the storage vessel requirements contained in Sec. Sec.  
63.119 through 63.123 are referred to in Sec. Sec.  63.132 through 
63.149, Sec. Sec.  63.119 through 63.123 are applicable, with the 
exception of the differences referred to in Sec.  63.1314, for the 
purposes of this subpart.
    (3) When Sec.  63.146(a) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec.  63.151(f) or (g), owners or operators requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec.  63.1335(f) for the purposes of this subpart.
    (4) When Sec.  63.147(d) requires owners or operators to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec.  63.152(f), owners 
and operators shall instead keep records of the daily average value of 
each continuously monitored parameter as specified in Sec.  63.1335(d) 
for the purposes of this subpart.
    (5) When Sec. Sec.  63.132 through 63.149 refer to an ``existing 
source,'' the term ``existing affected source,'' as defined in Sec.  
63.1310(a), shall apply for the purposes of this subpart.
    (6) When Sec. Sec.  63.132 through 63.149 refer to a ``new source,'' 
the term ``new affected source,'' as defined in Sec.  63.1310(a), shall 
apply for the purposes of this subpart.
    (7) When Sec.  63.132(a) and (b) refer to the ``applicable dates 
specified in Sec.  63.100 of subpart F of this part,'' the compliance 
dates specified in Sec.  63.1311 shall apply for the purposes of this 
subpart.
    (8) The provisions of paragraphs (b)(8)(i), (b)(8)(ii), and 
(b)(8)(iii) of this section clarify the organic HAP that an owner or 
operator shall consider when complying with the requirements in 
Sec. Sec.  63.132 through 63.149.
    (i) When Sec. Sec.  63.132 through 63.149 refer to table 8 
compounds, the owner or operator is only required to consider 1,3-
butadiene for purposes of this subpart.
    (ii) When Sec. Sec.  63.132 through 63.149 refer to table 9 
compounds, the owner or operator is only required to consider compounds 
that meet the definition of organic HAP in Sec.  63.1312 and that are 
listed on table 9 of 40 CFR part 63, subpart G, for the purposes of this 
subpart, except for ethylene glycol which need not be considered.
    (iii) When Sec. Sec.  63.132 through 63.149 refer to compounds in 
table 36 of 40 CFR part 63, subpart G, or compounds on List 1 and/or 
List 2, as listed on table 36 of 40 CFR part 63, subpart G, the owner or 
operator is only required to consider compounds that meet the definition 
of organic HAP in Sec.  63.1312 and that are listed in table 36 of 40 
CFR part 63, subpart G, for the purposes of this subpart.
    (9) Whenever Sec. Sec.  63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' the term ``thermoplastic product process 
unit,'' (or TPPU) as defined in Sec.  63.1312, shall apply for the 
purposes of this subpart. In addition, when Sec.  63.149 refers to ``a 
chemical

[[Page 346]]

manufacturing process unit that meets the criteria of Sec.  63.100(b) of 
subpart F of this part,'' the term ``a TPPU as defined in Sec.  
63.1312(b)'' shall apply for the purposes of this subpart.
    (10) Whenever Sec. Sec.  63.132 through 63.149 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec.  63.1312 shall apply for the purposes of 
this subpart.
    (11) When Sec.  63.149(d) refers to ``Sec.  63.100(f) of subpart 
F'', the phrase ``Sec.  63.1310(c)'' shall apply for the purposes of 
this subpart. In addition, where Sec.  63.149(d) states ``and the item 
of equipment is not otherwise exempt from controls by the provisions of 
subpart A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or JJJ of this part'' shall apply for the purposes 
of this subpart.
    (12) When Sec.  63.149(e)(1) and (e)(2) refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR Sec.  63.100(l)(1) or 40 CFR Sec.  63.100(l)(2),'' the phrase ``a 
TPPU that is part of a new affected source or that is a new affected 
source,'' shall apply for the purposes of this subpart.
    (13) When the Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in Sec. Sec.  63.138 and 
63.146, the Notification of Compliance Status requirements contained in 
Sec.  63.1335(e)(5) shall apply for the purposes of this subpart. In 
addition, when Sec. Sec.  63.132 through 63.149 require that information 
be reported according to Sec.  63.152(b) in the Notification of 
Compliance Status, the owner or operator of an affected source shall 
report the specified information in the Notification of Compliance 
Status required by Sec.  63.1335(e)(5) for the purposes of this subpart.
    (14) When the Periodic Report requirements contained in Sec.  
63.152(c) are referred to in Sec.  63.146, the Periodic Report 
requirements contained in Sec.  63.1335(e)(6) shall apply for the 
purposes of this subpart. In addition, when Sec. Sec.  63.132 through 
63.149 require that information be reported in the Periodic Reports 
required in Sec.  63.152(c), the owner or operator of an affected source 
shall report the specified information in the Periodic Reports required 
in Sec.  63.1335(e)(6) for the purposes of this subpart.
    (15) When Sec.  63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operation of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec.  63.1334(c) or (d) for establishing 
parameter level maximums/minimums for the purposes of this subpart.
    (16) When Sec.  63.146(b)(7) and Sec.  63.146(b)(8) require that 
``the information on parameter ranges specified in Sec.  63.152(b)(2)'' 
be reported in the Notification of Compliance Status, owners and 
operators of affected sources are instead required to report the 
information on parameter levels as specified in Sec.  63.1335(e)(5)(ii) 
for the purposes of this subpart.
    (17) When the term ``range'' is used in Sec. Sec.  63.132 through 
63.149, the term ``level'' apply instead for the purposes of this 
subpart. This level shall be determined using the procedures specified 
in Sec.  63.1334.
    (18) For the purposes of this subpart, the owner or operator of an 
affected source is not required to include process wastewater streams 
that contain styrene when conducting performance tests for the purposes 
of calculating the required mass removal (RMR) or the actual mass 
removal (AMR) under the provisions described in Sec.  63.145(f) or Sec.  
63.145(g). For purposes of this paragraph, a process wastewater stream 
is considered to contain styrene if the wastewater stream meets the 
requirements in paragraph (b)(18)(i), (ii), (iii), (iv), or (v) of this 
section.
    (i) The wastewater stream originates at equipment that produces ABS 
or ABS latex;
    (ii) The wastewater stream originates at equipment that produces 
EPS;
    (iii) The wastewater stream originates at equipment that produces 
MABS;
    (iv) The wastewater stream originates at equipment that produces 
MBS; or
    (v) The wastewater stream originates at equipment that produces SAN.
    (19) When the provisions of Sec.  63.139(c)(1)(ii), Sec.  
63.145(d)(4), or Sec.  63.145(i)(2) specify that Method 18, 40

[[Page 347]]

CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR 
part 60, appendix A, may be used for the purposes of this subpart. The 
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the 
requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (20) In Sec.  63.145(j), instead of the reference to Sec.  63.11(b), 
and instead of Sec.  63.145(j)(1) and Sec.  63.145(j)(2), the 
requirements in Sec.  63.1333(e) shall apply.
    (21) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to Sec.  63.132(g) is subject to the 
requirements of Sec.  63.132(g) with the differences identified in this 
section, and is not subject to subpart DD of this part with respect to 
that material.
    (22) When Sec.  63.132(g) refers to ``Sec. Sec.  63.133 through 
63.137'' or ``Sec. Sec.  63.133 through 63.147'', the provisions in this 
section 63.1330 shall apply, for the purposes of this subpart.
    (c) For each affected source, the owner or operator shall comply 
with the requirements for maintenance wastewater in Sec.  63.105, except 
that when Sec.  63.105(a) refers to ``organic HAPs listed in table 9 of 
subpart G of this part,'' the owner or operator is only required to 
consider compounds that meet the definition of organic HAP in Sec.  
63.1312 and that are listed in table 9 of 40 CFR part 63, subpart G, 
except for ethylene glycol which need not be considered, for the 
purposes of this subpart.
    (d) The provisions of paragraph (b) of this section do not apply to 
each affected source producing ASA/AMSAN.
    (e) The provisions of paragraphs (b) and (c) of this section do not 
apply to each affected source producing polystyrene using either a 
continuous or batch process.

[65 FR 38125, June 19, 2000, as amended at 66 FR 36938, July 16, 2001]



Sec.  63.1331  Equipment leak provisions.

    (a) Except Sec.  63.165 and as provided for in paragraphs (b) and 
(c) of this section, the owner or operator of each affected source shall 
comply with the requirements of subpart H of this part, with the 
differences noted in paragraphs (a)(1) through (13) of this section.
    (1) For an affected source producing polystyrene resin, the 
indications of liquids dripping, as defined in subpart H of this part, 
from bleed ports in pumps and agitator seals in light liquid service 
shall not be considered to be a leak. For purposes of this subpart, a 
``bleed port'' is a technologically-required feature of the pump or seal 
whereby polymer fluid used to provide lubrication and/or cooling of the 
pump or agitator shaft exits the pump, thereby resulting in a visible 
dripping of fluid.
    (2) The compliance date for the equipment leak provisions contained 
in this section is provided in Sec.  63.1311. Whenever subpart H of this 
part refers to the compliance dates specified in any paragraph contained 
in Sec.  63.100, the compliance dates listed in Sec.  63.1311(d) shall 
instead apply, for the purposes of this subpart. When Sec.  63.182(c)(4) 
refers to ``sources subject to subpart F,'' the phrase ``sources subject 
to this subpart'' shall apply, for the purposes of this subpart. In 
addition, extensions of compliance dates are addressed by Sec.  
63.1311(e) instead of Sec.  63.182(a)(6), for the purposes of this 
subpart.
    (3) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Sec.  63.182(a)(1) and Sec.  63.182(b).
    (4) As specified in Sec.  63.1335(e)(5), the Notification of 
Compliance Status required by paragraphs Sec.  63.182(a)(2) and Sec.  
63.182(c) shall be submitted within 150 days (rather than 90 days) of 
the applicable compliance date specified in Sec.  63.1311 for the 
equipment leak provisions.
    (5) The information specified by Sec.  63.182(a)(3) and Sec.  
63.182(d) (i.e., Periodic

[[Page 348]]

Reports) shall be submitted as part of the Periodic Reports required by 
Sec.  63.1335(e)(6).
    (6) For pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in light liquid or heavy liquid 
service; and instrumentation systems; owners or operators of affected 
sources producing PET shall comply with the requirements of paragraphs 
(a)(6)(i) and (ii) of this section instead of with the requirements of 
Sec.  63.139. Owners or operators of PET affected sources shall comply 
with all other provisions of subpart H of this part for pumps, valves, 
connectors, and agitators in heavy liquid service; pressure relief 
devices in light liquid or heavy liquid service; and instrumentation 
systems, except as specified in paragraphs (a)(6)(iii) through (v) of 
this section.
    (i) A leak is determined to be detected if there is evidence of a 
potential leak found by visual, audible, or olfactory means. Method 21, 
40 CFR part 60, appendix A may not be used to determine the presence or 
absence of a leak.
    (ii)(A) When a leak is detected, it shall be repaired as soon as 
practical, but not later than 15 days after it is detected, except as 
provided in Sec.  63.171.
    (B) The first attempt at repair shall be made no later than 5 days 
after each leak is detected.
    (C) Repaired shall mean that the visual, audible, olfactory, or 
other indications of a leak have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.
    (iii) An owner or operator is not required to develop an initial 
list of identification numbers as would otherwise be required under 
Sec.  63.181(b)(1)(i) or Sec.  63.181(b)(4).
    (iv) When recording the detection of a leak under Sec.  
63.182(d)(1), the owner or operator of an affected source shall comply 
with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this section.
    (A) When complying with Sec.  63.181(d)(1), provide an 
identification number for the leaking equipment at the time of 
recordkeeping. Further, the owner or operator is not required to record 
the identification number of the instrument (i.e., Method 21 instrument) 
because the use of Method 21 is not an acceptable method for determining 
a leak under this paragraph (a)(6).
    (B) An owner or operator is not required to comply with Sec.  
63.181(d)(4) which requires a record of the maximum instrument reading 
measured by Method 21 of 40 CFR part 60, appendix A.
    (v) Indications of liquids dripping, as defined in subpart H of this 
part, from packing glands for pumps in ethylene glycol service where the 
pump seal is designed to weep fluid shall not be considered to be a 
leak. Ethylene glycol dripping from pump seals must be captured in a 
catchpan and returned to the process.
    (7) When Sec.  63.166(b)(4)(i) refers to Table 9 of subpart G of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 6 of this subpart for purposes of this subpart, 
except for ethylene glycol which need not be considered.
    (8) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall 
conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of 
this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (9) Requirements for pressure relief devices. Except as specified in 
paragraph (a)(9)(iv) of this section, the owner or operator must comply 
with the operating and pressure release requirements specified in 
paragraphs (a)(9)(i) and (ii) of this section for pressure relief 
devices in organic HAP gas or vapor service. Except as specified in 
paragraph (a)(9)(iv) of this section, the

[[Page 349]]

owner or operator must also comply with the pressure release management 
requirements specified in paragraph (a)(9)(iii) of this section for all 
pressure relief devices in organic HAP service.
    (i) Operating requirements. Except during a pressure release event, 
operate each pressure relief device in organic HAP gas or vapor service 
with an instrument reading of less than 500 ppm above background as 
detected by Method 21 of 40 CFR part 60, appendix A.
    (ii) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, comply with paragraph (a)(9)(ii)(A) or 
(B) of this section, as applicable.
    (A) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as detected by Method 21 of 
40 CFR part 60, appendix A, no later than 5 calendar days after the 
pressure release to verify that the pressure relief device is operating 
with an instrument reading of less than 500 ppm above background, except 
as provided in Sec.  63.171.
    (B) If the pressure relief device consists of or includes a rupture 
disk, install a replacement disk as soon as practicable after a pressure 
release, but no later than 5 calendar days after the pressure release, 
except as provided in Sec.  63.171.
    (iii) Pressure release management. Except as specified in paragraph 
(a)(9)(iv) of this section, pressure releases to the atmosphere from 
pressure relief devices in organic HAP service are prohibited, and the 
owner or operator must comply with the requirements specified in 
paragraphs (a)(9)(iii)(A) and (B) of this section for all pressure 
relief devices in organic HAP service.
    (A) For each pressure relief device in organic HAP service, the 
owner or operator must equip each pressure relief device with a 
device(s) or use a monitoring system that is capable of:
    (1) Identifying the pressure release;
    (2) Recording the time and duration of each pressure release; and
    (3) Notifying operators immediately that a pressure release is 
occurring. The device or monitoring system may be either specific to the 
pressure relief device itself or may be associated with the process 
system or piping, sufficient to indicate a pressure release to the 
atmosphere. Examples of these types of devices and systems include, but 
are not limited to, a rupture disk indicator, magnetic sensor, motion 
detector on the pressure relief valve stem, flow monitor, or pressure 
monitor.
    (B) If any pressure relief device in organic HAP service releases to 
atmosphere as a result of a pressure release event, the owner or 
operator must calculate the quantity of organic HAP released during each 
pressure release event and report this quantity as required in Sec.  
63.1335(e)(6)(xiii). Calculations may be based on data from the pressure 
relief device monitoring alone or in combination with process parameter 
monitoring data and process knowledge.
    (iv) Pressure relief devices routed to a control device, process, or 
drain system. If a pressure relief device in organic HAP service is 
designed and operated to route all pressure releases through a closed 
vent system to a control device, process, or drain system, the owner or 
operator is not required to comply with paragraphs (a)(9)(i), (ii), or 
(iii) (if applicable) of this section. Both the closed vent system and 
control device (if applicable) must meet the requirements of Sec.  
63.172. The drain system (if applicable) must meet the requirements of 
Sec.  63.136.
    (10) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
TPPU within the affected source for all purposes under subpart H of this 
part, providing there is no delay in achieving the applicable compliance 
date.
    (11) When the terms ``equipment'' and ``equipment leak'' are used in 
subpart H of this part, the definitions of these terms in Sec.  63.1312 
shall apply for the purposes of this subpart.
    (12) The phrase ``the provisions of subparts F, I, or JJJ of this 
part'' shall apply instead of the phrase ``the provisions of subpart F 
or I of this part'' throughout Sec. Sec.  63.163 and 63.168, for the 
purposes of this subpart. In addition, the phrase ``subparts F, I, and 
JJJ''

[[Page 350]]

shall apply instead of the phrase ``subparts F and I'' in Sec.  
63.174(c)(2)(iii), for the purposes of this subpart.
    (13) An owner or operator using a flare to comply with the 
requirements of this section shall conduct a compliance demonstration as 
specified in Sec.  63.1333(e).
    (b) The provisions of this section do not apply to each TPPU 
producing PET using a process other than a continuous terephthalic acid 
(TPA) high viscosity multiple end finisher process that is part of an 
affected source if all of the equipment leak components subject to this 
section Sec.  63.1331 in the TPPU are either in vacuum service or in 
heavy liquid service.
    (1) Owners and operators of a TPPU exempted under paragraph (b) of 
this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of this 
section.
    (i) Retain information, data, and analyses used to demonstrate that 
all of the components in the exempted TPPU are either in vacuum service 
or in heavy liquid service. For components in vacuum service, examples 
of information that could document this include, but are not limited to, 
analyses of process stream composition and process conditions, 
engineering calculations, or process knowledge. For components in heavy 
liquid service, such documentation shall include an analysis or 
demonstration that the process fluids do not meet the criteria of ``in 
light liquid service'' or ``in gas or vapor service.''
    (ii) When requested by the Administrator, demonstrate that all of 
the components in the TPPU are either in vacuum service or in heavy 
liquid service.
    (2) If changes occur at a TPPU exempted under paragraph (b) of this 
section such that all of the components in the TPPU are no longer either 
in vacuum service or in heavy liquid service (e.g., by either process 
changes or the addition of new components), the owner or operator of the 
affected source shall comply with the provisions of this section for all 
of the components at the TPPU. The owner or operator shall submit a 
report within 180 days after the process change is made or the 
information regarding the process change is known to the owner or 
operator. This report may be included in the next Periodic Report, as 
specified in paragraph (a)(5) of this section. A description of the 
process change shall be submitted with this report.
    (c)(1) Each affected source producing PET using a continuous TPA 
high viscosity multiple end finisher process shall monitor for leaks 
upon startup following an outage where changes have been made to 
equipment in gas/vapor or light liquid service. This leak check shall 
consist of the introduction of hot ethylene glycol vapors into the 
system for a period of no less than 2 hours during which time sensory 
monitoring of the equipment shall be conducted.
    (2) A leak is determined to be detected if there is evidence of a 
potential leak found by visual, audible, or olfactory means.
    (3) When a leak is detected, it shall be repaired as soon as 
practical, but not later than 15 days after it is detected, except as 
provided in Sec.  63.171.
    (i) The first attempt at repair shall be made no later than 5 days 
after each leak is detected.
    (ii) Repaired shall mean that the visual, audible, olfactory or 
other indications of a leak have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.
    (4) When a leak is detected, the following information shall be 
recorded and kept for 2 years and reported in the next periodic report:
    (i) The instrument and the equipment identification number and the 
operator name, initials or identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.

[61 FR 48229, Sept. 12, 1996, as amended at 62 FR 37722, July 15, 1997; 
65 FR 38127, June 19, 2000; 66 FR 40907, Aug. 6, 2001; 79 FR 17367, Mar. 
27, 2014]



Sec.  63.1332  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing affected 
sources who seek to comply with Sec.  63.1313(b) by

[[Page 351]]

using emissions averaging rather than following the provisions of 
Sec. Sec.  63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 
63.1330.
    (1) The following emission point limitations apply to the use of 
these provisions:
    (i) All emission points included in an emissions average shall be 
from the same affected source. There may be an emissions average for 
each affected source located at a plant site.
    (ii)(A) If a plant site has only one affected source for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions average for said affected 
source is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
average.
    (B) If a plant site has two or more affected sources for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions averages for said affected 
sources is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
averages.
    (2) Compliance with the provisions of this section may be based on 
either organic HAP or TOC.
    (3) For the purposes of these provisions, whenever Method 18, 40 CFR 
part 60, appendix A, is specified within the paragraphs of this section 
or is specified by reference through provisions outside this section, 
Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used. The 
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the 
requirements in paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an Emissions 
Averaging Plan containing all of the information required in Sec.  
63.1335(e)(4) for all emission points to be included in an emissions 
average.
    (c) Paragraphs (c)(1) through (c)(5) of this section describe the 
emission points that may be used to generate emissions averaging credits 
if control was applied after November 15, 1990, and if sufficient 
information is available to determine the appropriate value of credits 
for the emission point. Paragraph (c)(6) of this section discusses the 
use of pollution prevention in generating emissions averaging credits.
    (1) Storage vessels, batch process vents, aggregate batch vent 
streams, continuous process vents subject to Sec.  63.1315, and process 
wastewater streams that are determined to be Group 2 emission points. 
The term ``continuous process vents subject to Sec.  63.1315'' includes 
continuous process vents subject to Sec.  63.1316 (b)(1)(iii), 
(b)(2)(iii), and (c)(2), which reference Sec.  63.1315.
    (2) Continuous process vents located in the collection of material 
recovery sections within the affected source at an existing affected 
source producing PET using a continuous dimethyl terephthalate process 
subject to Sec.  63.1316(b)(1)(i) where the uncontrolled organic HAP 
emissions from said continuous process vents are equal to or less than 
0.12 kg organic HAP per Mg of product. These continuous process vents 
shall be considered Group 2 emission points for the purposes of this 
section.
    (3) Storage vessels, continuous process vents subject to Sec.  
63.1315, and process wastewater streams that are determined to be Group 
1 emission points and that are controlled by a technology that the 
Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the

[[Page 352]]

nominal efficiencies for such technologies shall be submitted and 
approved as provided in paragraph (i) of this section.
    (4) Batch process vents and aggregate batch vent streams that are 
determined to be Group 1 emission points and that are controlled to a 
level more stringent than the applicable standard.
    (5) Continuous process vents subject to Sec.  63.1316 (b)(1)(i), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection 
of process sections within the affected source, as specified in 
paragraphs (c)(5)(i) through (c)(5)(ii) of this section. The continuous 
process vents identified in paragraphs (c)(5)(i) through (c)(5)(ii) of 
this section shall be considered to be Group 1 emission points for the 
purposes of this section.
    (i) Continuous process vents subject to Sec.  63.1316(b)(1)(i) 
located in the collection of material recovery sections within the 
affected source where the uncontrolled organic HAP emissions for said 
continuous process vents are greater than 0.12 kg organic HAP per Mg of 
product and said continuous process vents are controlled to a level more 
stringent than the applicable standard.
    (ii) Continuous process vents subject to Sec.  63.1316(b)(1)(ii), 
(b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of process 
sections within the affected source where the uncontrolled organic HAP 
emissions from said continuous process vents are controlled to a level 
more stringent than the applicable standard.
    (6) The percent reduction for any storage vessel, batch process 
vent, aggregate batch vent stream, continuous process vent, and process 
wastewater stream from which emissions are reduced by pollution 
prevention measures shall be determined using the procedures specified 
in paragraph (j) of this section.
    (i) For a Group 1 storage vessel, batch process vent, aggregate 
batch vent stream, continuous process vent, or process wastewater 
stream, the pollution prevention measure must reduce emissions more than 
if the applicable reference control technology or standard had been 
applied to the emission point instead of the pollution prevention 
measure, except as provided in paragraph (c)(6)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 storage vessel, batch process vent, 
aggregate batch vent stream, continuous process vent, or process 
wastewater stream, the pollution prevention measure alone does not have 
to reduce emissions more than the applicable reference control 
technology or standard, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than if the 
applicable reference control technology or standard had been applied 
instead of the pollution prevention measure.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990, cannot be used to generate credits unless the level of control is 
increased after November 15, 1990. In this case, credit will be allowed 
only for the increase in control after November 15, 1990.
    (2) Group 1 emission points, identified in paragraph (c)(3) of this 
section, that are controlled by a reference control technology cannot be 
used to generate credits unless the reference control technology has 
been approved for use in a different manner and a higher nominal 
efficiency has been assigned according to the procedures in paragraph 
(i) of this section.
    (3) Emission points for nonoperating TPPU cannot be used to generate 
credits. TPPU that are shutdown cannot be used to generate credits or 
debits.
    (4) Maintenance wastewater cannot be used to generate credits. 
Wastewater streams treated in biological treatment units cannot be used 
to generate credits. These two types of wastewater cannot be used to 
generate credits or debits. For the purposes of this section, the terms 
wastewater and wastewater stream are used to mean process wastewater.
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart cannot be used to generate credits, unless 
the level of control has been increased after November 15, 1990, to a 
level above what is required by the other State or Federal

[[Page 353]]

rule. Only the control above what is required by the other State or 
Federal rule will be credited. However, if an emission point has been 
used to generate emissions averaging credit in an approved emissions 
average, and the emission point is subsequently made subject to a State 
or Federal rule other than this subpart, the emission point may continue 
to generate emissions averaging credit for the purpose of complying with 
the previously approved emissions average.
    (e) For all emission points included in an emissions average, the 
owner or operator shall perform the following tasks:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology or standard for those emission points. Said Group 1 
emission points are identified in paragraphs (c)(3) through (c)(5) of 
this section. Equations in paragraph (g) of this section shall be used 
to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 and Group 2 
emission points that are over-controlled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The owner or operator may choose to include more than the 
required number of credit-generating emission points in an emissions 
average in order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Emissions Averaging Plan or 
operating permit application that credit-generating emission points will 
be capable of generating sufficient credits to offset the debits from 
the debit-generating emission points shall be made under representative 
operating conditions. After the compliance date, actual operating data 
will be used for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec.  63.1335(e)(6). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec.  
63.1335(e)(6)(x)(C)(2).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions during periods of 
monitoring excursions, as defined in Sec.  63.1334(f). For these 
periods, the calculation of monthly credits and debits shall be adjusted 
as specified in paragraphs (f)(1) through (3) of this section.
    (1) No credits would be assigned to the credit-generating emission 
point.
    (2) Maximum debits would be assigned to the debit-generating 
emission point.
    (3) The owner or operator may demonstrate to the Administrator that 
full or partial credits or debits should be assigned using the 
procedures in paragraph (l) of this section.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the applicable reference 
control technology or standard and the emissions allowed for the Group 1 
emission point. Said Group 1 emission points are identified in 
paragraphs (c)(3) through (c)(5) of this section. Debits shall be 
calculated as follows:
    (1) Source-wide debits shall be calculated using Equation 28 of this 
subpart. Debits and all terms of Equation

[[Page 354]]

28 of this subpart are in units of megagrams per month:
[GRAPHIC] [TIFF OMITTED] TR09MR99.008

Where:

ECPViACTUAL = Emissions from each Group 1 continuous process 
          vent i subject to Sec.  63.1315 that is uncontrolled or is 
          controlled to a level less stringent than the applicable 
          reference control technology. ECPViACTUAL is 
          calculated according to paragraph (g)(2) of this section.
(0.02)ECPViu = Emissions from each Group 1 continuous process 
          vent i subject to Sec.  63.1315 if the applicable reference 
          control technology had been applied to the uncontrolled 
          emissions. ECPViu is calculated according to 
          paragraph (g)(2) of this section.
ECPVSjACTUAL = Emissions from Group 1 continuous process 
          vents subject to Sec.  63.1316(b)(1)(i), (b)(1)(ii), 
          (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of 
          process sections j within the affected source that are 
          uncontrolled or controlled to a level less stringent than the 
          applicable standard. ECPVSjACTUAL is calculated 
          according to paragraph (g)(3) of this section.
ECPVSjSTD = Emissions from Group 1 continuous process vents 
          subject to Sec.  63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
          (b)(2)(ii), or (c)(1) located in the collection of process 
          sections j within the affected source if the applicable 
          standard had been applied to the uncontrolled emissions. 
          ECPVSjSTD is calculated according to paragraph 
          (g)(3) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that 
          is uncontrolled or is controlled to a level less stringent 
          than the applicable reference control technology or standard. 
          ESiACTUAL is calculated according to paragraph 
          (g)(4) of this section.
(BL)ESiu = Emissions from each Group 1 storage vessel i if 
          the applicable reference control technology or standard had 
          been applied to the uncontrolled emissions. ESiu is 
          calculated according to paragraph (g)(4) of this section. For 
          calculating emissions, BL = 0.05 for each Group 1 storage 
          vessel i subject to Sec.  63.1314(a); and BL = 0.02 for each 
          storage vessel i subject to Sec.  63.1314(c).
EWWiACTUAL = Emissions from each Group 1 wastewater stream i 
          that is uncontrolled or is controlled to a level less 
          stringent than the applicable reference control technology. 
          EWWiACTUAL is calculated according to paragraph 
          (g)(5) of this section.
EWWic = Emissions from each Group 1 wastewater stream i if 
          the reference control technology had been applied to the 
          uncontrolled emissions. EWWic is calculated 
          according to paragraph (g)(5) of this section.
EBPViACTUAL = Emissions from each Group 1 batch process vent 
          i that is uncontrolled or is controlled to a level less 
          stringent than the applicable standard. EBPVACTUAL 
          is calculated according to paragraph (g)(6) of this section.
(0.10)EBPViu = Emissions from each Group 1 batch process vent 
          i if the applicable standard had been applied to the 
          uncontrolled emissions. EBPViu is calculated 
          according to paragraph (g)(6) of this section.
EABViACTUAL = Emissions from each Group 1 aggregate batch 
          vent stream i that is uncontrolled or is controlled to a level 
          less stringent than the applicable standard. 
          EABPViACTUAL is calculated according to paragraph 
          (g)(7) of this section.
(0.10)EABViu = Emissions from each Group 1 aggregate batch 
          vent stream i if the applicable standard had been applied to 
          the uncontrolled emissions. EABViu is calculated 
          according to paragraph (g)(7) of this section.
n = The number of emission points being included in the emissions 
          average.

    (2) Emissions from continuous process vents subject to 
Sec.  63.1315 shall be calculated as follows:

[[Page 355]]

    (i) For purposes of determining continuous process vent stream flow 
rate, organic HAP concentrations, and temperature, the sampling site 
shall be after the final product recovery device, if any recovery 
devices are present; before any control device (for continuous process 
vents, recovery devices shall not be considered control devices); and 
before discharge to the atmosphere. Method 1 or 1A, 40 CFR part 60, 
appendix A, shall be used for selection of the sampling site.
    (ii) ECPViu for each continuous process vent i shall be 
calculated using Equation 29 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.028

Where:

ECPViu = Uncontrolled continuous process vent emission rate 
          from continuous process vent i, megagrams per month.
Q = Vent stream flow rate, dry standard cubic meters per minute, 
          measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60, 
          appendix A, as appropriate.
h = Monthly hours of operation during which positive flow is present in 
          the continuous process vent, hours per month.
Cj = Concentration, parts per million by volume, dry basis, of organic 
          HAP j as measured by Method 18, 40 CFR part 60, appendix A.
Mj = Molecular weight of organic HAP j, gram per gram-mole.
n = Number of organic HAP in stream.

    (A) The values of Q and Cj shall be determined during a performance 
test conducted under representative operating conditions. The values of 
Q and Cj shall be established in the Notification of Compliance Status 
and shall be updated as provided in paragraph (g)(2)(ii)(B) of this 
section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q and Cj are no longer representative, a 
new performance test shall be conducted to determine new representative 
values of Q and Cj. These new values shall be used to calculate debits 
and credits from the time of the change forward, and the new values 
shall be reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate ECPViACTUAL:
    (A) If the continuous process vent is not controlled by a control 
device or pollution prevention measure, ECPViACTUAL = 
ECPViu, where ECPViu is calculated according to 
the procedures in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the continuous process vent is controlled using a control 
device or a pollution prevention measure achieving less than 98 percent 
reduction, calculate ECPViACTUAL using Equation 30 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.029

    (1) The percent reduction shall be measured according to the 
procedures in Sec.  63.116 if a combustion control device is used. For a 
flare meeting the criteria in Sec.  63.116(a), or a boiler or process 
heater meeting the criteria in Sec.  63.116(b), the percent reduction 
shall be 98 percent. If a noncombustion control device is used, percent 
reduction shall be demonstrated by a performance test at the inlet and 
outlet of the device, or, if testing is not feasible, by

[[Page 356]]

a control design evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 continuous process vents, 
product recovery devices shall not be considered control devices and 
cannot be assigned a percent reduction in calculating 
ECPViACTUAL. The sampling site for measurement of 
uncontrolled emissions is after the final product recovery device. 
However, as provided in Sec.  63.113(a)(3), a Group 1 continuous process 
vent may add sufficient product recovery to raise the TRE index value 
above 1.0 or, for Group 1 continuous process vents at an existing 
affected source producing MBS, above 3.7, thereby becoming a Group 2 
continuous process vent. Such a continuous process vent would not be a 
Group 1 continuous process vent and would, therefore, not be included in 
determining debits under this paragraph (g)(2)(iii)(B)(2).
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from continuous process vents located in the 
collection of process sections within the affected source subject to 
Sec.  63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) 
shall be calculated as follows:
    (i) The total organic HAP emissions from continuous process vents 
located in the collection of process sections j within the affected 
source, ECPVSjACTUAL, shall be calculated as follows. The 
procedures in paragraph (g)(2)(iii) of this section shall be used to 
determine the organic HAP emissions for each individual continuous 
process vent, except that paragraph (g)(2)(iii)(B)(2) of this section 
shall not apply and the sampling site shall be after those recovery 
devices installed as part of normal operation; before any add-on control 
devices (i.e., those required by regulation); and prior to discharge to 
the atmosphere. Then, individual continuous process vent emissions shall 
be summed to determine ECPVSjACTUAL.
    (ii)(A) ECPVSjstd shall be calculated using Equation 31 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.030

Where:

ECPVSjstd = Emissions if the applicable standard had been 
          applied to the uncontrolled emissions, megagrams per month.
EFstd = 0.000018 Mg organic HAP/Mg of product, if the 
          collection of process sections within the affected source is 
          subject to Sec.  63.1316(b)(1)(i).
     = 0.00002 Mg organic HAP/Mg of product, if the collection of 
process sections within the affected source is subject to Sec.  63.1316 
(b)(1)(ii) or (b)(2)(ii).
     = 0.00004 Mg organic HAP/Mg of product, if the collection of 
process sections within the affected source is subject to Sec.  
63.1316(b)(2)(i).
     = 0.0000036 Mg organic HAP/Mg of product, if the collection of 
process sections within the affected source is subject to Sec.  
63.1316(c)(1).
PPj = Polymer produced, Mg/month, for the collection of process sections 
          j within the affected source, as calculated according to 
          paragraph (g)(3)(ii)(B) of this section.

    (B) The amount of polymer produced, Mg per month, for the collection 
of process sections j within the affected source shall be determined by 
determining the weight of polymer pulled from the process line(s) during 
a 30-day period. The polymer produced shall be determined by direct 
measurement or by an alternate methodology, such as materials balance. 
If an alternate methodology is used, a description of the methodology, 
including all procedures, data, and assumptions shall be submitted as 
part of the Emissions Averaging Plan required by Sec.  63.1335(e)(4).
    (C) Alternatively, ECPVSjstd for continuous process vents 
located in the collection of process sections within the affected source 
subject to Sec.  63.1316(c)(1) may be calculated using the procedures in 
paragraph (g)(2)(i) and (g)(2)(ii) of this section to determine the 
organic HAP emissions for each individual continuous process vent, 
except that the sampling site shall be after recovery devices installed 
as part of normal operation; before any add-on control devices (i.e., 
those required by regulation); and prior to discharge to the atmosphere. 
Then, individual continuous process vent emissions shall be summed and 
multiplied by 0.02 to determine ECPVSjstd.
    (4) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec.  63.150(g)(3).

[[Page 357]]

    (5) Emissions from wastewater streams shall be calculated using the 
procedures in Sec.  63.150(g)(5).
    (6) Emissions from batch process vents shall be calculated as 
follows:
    (i) EBPViu for each batch process vent i shall be 
calculated using the procedures specified in Sec.  63.1323(b).
    (ii) The following procedures and equations shall be used to 
determine EBPViACTUAL:
    (A) If the batch process vent is not controlled by a control device 
or pollution prevention measure, EBPViACTUAL = 
EBPViu, where EBPViu is calculated using the 
procedures in Sec.  63.1323(b).
    (B) If the batch process vent is controlled using a control device 
or a pollution prevention measure achieving less than 90 percent 
reduction for the batch cycle, calculate EBPViACTUAL using 
Equation 32 of this subpart, where percent reduction is for the batch 
cycle.
[GRAPHIC] [TIFF OMITTED] TR12SE96.031

    (1) The percent reduction for the batch cycle shall be calculated 
according to the procedures in Sec.  63.1325(c)(2).
    (2) The percent reduction for control devices shall be calculated 
according to the procedures in Sec.  63.1325 (c)(2)(i) through 
(c)(2)(iii).
    (3) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (7) Emissions from aggregate batch vent streams shall be calculated 
as follows:
    (i) For purposes of determining aggregate batch vent stream flow 
rate, organic HAP concentrations, and temperature, the sampling site 
shall be before any control device and before discharge to the 
atmosphere. Method 1 or 1A, 40 CFR part 60, appendix A, shall be used 
for selection of the sampling site.
    (ii) EABViu for each aggregate batch vent stream i shall 
be calculated using Equation 33 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.032

Where:

EABViu = Uncontrolled aggregate batch vent stream emission 
          rate from aggregate batch vent stream i, megagrams per month.
Q = Vent stream flow rate, dry standard cubic meters per minute, 
          measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60, 
          appendix A, as appropriate.
h = Monthly hours of operation during which positive flow is present 
          from the aggregate batch vent stream, hours per month.
Cj = Concentration, parts per million by volume, dry basis, 
          of organic HAP j as measured by Method 18, 40 CFR part 60, 
          appendix A.
Mj = Molecular weight of organic HAP j, gram per gram-mole.
n = Number of organic HAP in the stream.

    (A) The values of Q and Cj shall be determined during a performance 
test conducted under representative operating conditions. The values of 
Q and Cj shall be established in the Notification of Compliance Status 
and shall be updated as provided in paragraph (g)(7)(ii)(B) of this 
section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or

[[Page 358]]

product recovery equipment or operation such that the previously 
measured values of Q and Cj are no longer representative, a 
new performance test shall be conducted to determine new representative 
values of Q and Cj. These new values shall be used to 
calculate debits and credits from the time of the change forward, and 
the new values shall be reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EABViACTUAL:
    (A) If the aggregate batch vent stream is not controlled by a 
control device or pollution prevention measure, EABViACTUAL = 
EABViu, where EABViu is calculated according to 
the procedures in paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
    (B) If the aggregate batch vent stream is controlled using a control 
device or a pollution prevention measure achieving less than 90 percent 
reduction, calculate EABViACTUAL using Equation 34 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.033

    (1) The percent reduction for control devices shall be determined 
according to the procedures in Sec.  63.1325(e).
    (2) The percent reduction for pollution prevention measures shall be 
calculated according to the procedures specified in paragraph (j) of 
this section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from that Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Said Group 1 and Group 2 emission points are identified in 
paragraphs (c)(1) through (c)(5) of this section. Credits shall be 
calculated using Equation 35 of this subpart.
    (1) Sourcewide credits shall be calculated using Equation 35 of this 
subpart. Credits and all terms of Equation 35 of this subpart are in 
units of megagrams per month, and the baseline date is November 15, 
1990:
[GRAPHIC] [TIFF OMITTED] TR09MR99.009

Where:

D = Discount factor = 0.9 for all credit generating emission points 
          except those controlled by a pollution prevention measure; 
          discount factor = 1.0 for each credit generating emission 
          point controlled by a pollution prevention measure (i.e., no 
          discount provided).
ECPV1iACTUAL = Emissions for each Group 1 continuous process 
          vent i subject to Sec.  63.1315 that is controlled to a level 
          more

[[Page 359]]

          stringent than the reference control technology. 
          ECPV1iACTUAL is calculated according to paragraph 
          (h)(2) of this section.
(0.02)ECPV1iu = Emissions from each Group 1 continuous 
          process vent i subject to Sec.  63.1315 if the applicable 
          reference control technology had been applied to the 
          uncontrolled emissions. ECPV1iu is calculated 
          according to paragraph (h)(2) of this section.
ECPVS1jSTD = Emissions from Group 1 continuous process vents 
          subject to Sec.  63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
          (b)(2)(ii), or (c)(1) located in the collection of process 
          sections j within the affected source if the applicable 
          standard had been applied to the uncontrolled emissions. 
          ECPVS1jSTD is calculated according to paragraph 
          (h)(3) of this section.
ECPVS1jACTUAL = Emissions from Group 1 continuous process 
          vents subject to Sec.  63.1316(b)(1)(i), (b)(1)(ii), 
          (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of 
          process sections j within the affected source that are 
          controlled to a level more stringent than the applicable 
          standard. ECPVS1jACTUAL is calculated according to 
          paragraph (h)(3) of this section.
ECPV2iACTUAL = Emissions from each Group 2 continuous process 
          vent i subject to Sec.  63.1315 that is controlled. 
          ECPV2iACTUAL is calculated according to paragraph 
          (h)(2) of this section.
ECPV2iBASE = Emissions from each Group 2 continuous process 
          vent i subject to Sec.  63.1315 at the baseline date. 
          ECPV2iBASE is calculated according to paragraph 
          (h)(2) of this section.
ECPVS2jBASE = Emissions from Group 2 continuous process vents 
          subject to Sec.  63.1316(b)(1)(i) located in the collection of 
          material recovery sections j within the affected source at the 
          baseline date. ECPVS2jBASE is calculated according 
          to paragraph (h)(3) of this section.
ECPVS2jACTUAL = Emissions from Group 2 continuous process 
          vents subject to Sec.  63.1316(b)(1)(i) located in the 
          collection of material recovery sections j within the affected 
          source that are controlled. ECPVS2jACTUAL is 
          calculated according to paragraph (h)(3) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
          that is controlled to a level more stringent than the 
          applicable reference control technology or standard. 
          ES1iACTUAL is calculated according to paragraph 
          (h)(4) of this section.
(BL)ES1iu = Emissions from each Group 1 storage vessel i if 
          the applicable reference control technology or standard had 
          been applied to the uncontrolled emissions. ES1iu 
          is calculated according to paragraph (h)(4) of this section. 
          For calculating these emissions, BL = 0.05 for each Group 1 
          storage vessel i subject to Sec.  63.1314(a); and BL = 0.02 
          for each storage vessel i subject to Sec.  63.1314(c).
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
          that is controlled. ES2iACTUAL is calculated 
          according to paragraph (h)(4) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
          the baseline date. ES2iBASE is calculated according 
          to paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i 
          that is controlled to a level more stringent than the 
          reference control technology. EWW1iACTUAL is 
          calculated according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if 
          the reference control technology had been applied to the 
          uncontrolled emissions. EWW1ic is calculated 
          according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i 
          that is controlled. EWW2iACTUAL is calculated 
          according to paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
          at the baseline date. EWW2iBASE is calculated 
          according to paragraph (h)(5) of this section.
(0.10)EBPV1iu = Emissions from each Group 1 batch process 
          vent i if the applicable standard had been applied to the 
          uncontrolled emissions. EBPV1iu is calculated 
          according to paragraph (h)(6) of this section.
EBPV1iACTUAL = Emissions from each Group 1 batch process vent 
          i that is controlled to a level more stringent than the 
          applicable standard. EBPV1iACTUAL is calculated 
          according to paragraph (h)(6) of this section.
(0.10)EABV1iu = Emissions from each Group 1 aggregate batch 
          vent stream i if the applicable standard had been applied to 
          the uncontrolled emissions. EABV1iu is calculated 
          according to paragraph (h)(7) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate batch 
          vent stream i that is controlled to a level more stringent 
          than the applicable standard. EABV1iACTUAL is 
          calculated according to paragraph (h)(7) of this section.
EBPV2iBASE = Emissions from each Group 2 batch process vent i 
          at the baseline date. EBPV2iBASE is calculated 
          according to paragraph (h)(6) of this section.
EBPV2iACTUAL = Emissions from each Group 2 batch process vent 
          i that is controlled. EBPV2iACTUAL is calculated 
          according to paragraph (h)(6) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch vent 
          stream i at the baseline date. EABV2iBASE is 
          calculated

[[Page 360]]

          according to paragraph (h)(7) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate batch 
          vent stream i that is controlled. EABV2iACTUAL is 
          calculated according to paragraph (h)(7) of this section.
n = Number of Group 1 emission points included in the emissions average. 
          The value of n is not necessarily the same for continuous 
          process vents, batch process vents, aggregate batch vent 
          streams, storage vessels, wastewater streams, or the 
          collection of process sections within the affected source.
m = Number of Group 2 emission points included in the emissions average. 
          The value of m is not necessarily the same for continuous 
          process vents, batch process vents, aggregate batch vent 
          streams, storage vessels, wastewater streams, or the 
          collection of process sections within the affected source.

    (i) Except as specified in paragraph (h)(1)(iv) of this section, for 
an emission point controlled using a reference control technology, the 
percent reduction for calculating credits shall be no greater than the 
nominal efficiency associated with the reference control technology, 
unless a higher nominal efficiency is assigned as specified in paragraph 
(h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in paragraph (j) of this section.
    (iv) For Group 1 and Group 2 batch process vents and Group 1 and 
Group 2 aggregate batch vent streams, the percent reduction for 
calculating credits shall be the percent reduction determined according 
to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this 
section for batch process vents and paragraphs (h)(7)(ii) and 
(h)(7)(iii) of this section for aggregate batch vent streams.
    (2) Emissions from continuous process vents subject to Sec.  63.1315 
shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 continuous process vents 
(ECPV1iu) shall be calculated according to the procedures and 
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from Group 1 continuous process vents 
controlled using a technology with an approved nominal efficiency 
greater than 98 percent or a pollution prevention measure achieving 
greater than 98 percent emission reduction (ECPV1iACTUAL) 
shall be calculated using Equation 36 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.035

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 continuous process vents 
(ECPV2iACTUAL):
    (A) For a Group 2 continuous process vent controlled by a control 
device, a recovery device applied as a pollution prevention project, or 
a pollution prevention measure, where the control achieves a percent 
reduction less than or equal to 98 percent reduction, use Equation 37 of 
this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.036


[[Page 361]]


    (1) ECPV2iu shall be calculated according to the 
equations and procedures for ECPViu in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section, except as provided in paragraph 
(h)(2)(iii)(A)(3) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, ECPV2iu shall be calculated prior to that recovery 
device. The equation for ECPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate ECPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percent reduction shall be demonstrated by conducting a 
performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 continuous process vent controlled using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
reduction, use Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.037

    (iv) Emissions from Group 2 continuous process vents at baseline 
shall be calculated as follows:
    (A) If the continuous process vent was uncontrolled on November 15, 
1990, ECPV2iBASE = ECPV2iu and shall be calculated 
according to the procedures and equation for ECPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the continuous process vent was controlled on November 15, 
1990, use Equation 39 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.038

    (1) ECPV2iu is calculated according to the procedures and 
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (2) The percent reduction shall be calculated according to the 
procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.
    (C) If a recovery device was added as part of a pollution prevention 
project initiated after November 15, 1990, ECPV2iBASE = 
ECPV2iu, where ECPV2iu is calculated according to 
paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from continuous process vents subject to Sec.  
63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) shall be 
determined as follows:
    (i) Emissions from Group 1 continuous process vents located in the 
collection of process sections j within the affected source if the 
applicable standard had been applied to the uncontrolled emissions 
(ECPVS1jstd) shall be calculated according to paragraph 
(g)(3)(ii) of this section.
    (ii) Actual emissions from Group 1 continuous process vents located 
in the collection of process sections j within the affected source 
controlled to a level more stringent than the applicable standard 
(ECPVS1jACTUAL) shall be calculated using the procedures in 
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that 
the actual emission level, Mg organic HAP/Mg of

[[Page 362]]

product, shall be used as EFstd in Equation 31 of this 
subpart. Further, ECPVS1jACTUAL for continuous process vents 
subject to Sec.  63.1316(c)(1) controlled in accordance with Sec.  
63.1316(c)(1)(iii) shall be calculated using the procedures in paragraph 
(h)(2)(ii) of this section for individual continuous process vents and 
then summing said emissions to get ECPVS1jACTUAL, except that 
the sampling site shall be after recovery devices installed as part of 
normal operation; before any add-on control devices (i.e., those 
required by regulation); and prior to discharge to the atmosphere.
    (iii) Actual emissions from Group 2 continuous process vents subject 
to Sec.  63.1316(b)(1)(i) located in the collection of material recovery 
sections j within the affected source (ECPVS2jACTUAL) shall 
be calculated using the procedures in paragraphs (g)(3)(ii)(A) and 
(g)(3)(ii)(B) of this section, except that the actual emission level, Mg 
organic HAP/Mg of product, shall be used as EFstd in Equation 
31 of this subpart.
    (iv) Emissions from Group 2 continuous process vents subject to 
Sec.  63.1316(b)(1)(i) located in the collection of material recovery 
sections j within the affected source at baseline 
(ECPVS2jBASE) shall be calculated using the procedures in 
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that 
the actual emission level, Mg organic HAP/Mg of product, at baseline 
shall be used as EFstd in Equation 31 of this subpart.
    (4)(i) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec.  63.150(h)(3).
    (ii) Actual emissions from Group 1 storage vessels at an existing 
affected source producing ASA/AMSAN subject to Sec.  63.1314(c) using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction shall be calculated using the procedures specified in 
Sec.  63.150(h)(3)(ii).
    (5) Emissions from wastewater streams shall be calculated using the 
procedures specified in Sec.  63.150(h)(5).
    (6) Emissions from batch process vents shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 batch process vents 
(EBPV1iu) shall be calculated using the procedures Sec.  
63.1323(b).
    (ii) Actual emissions from Group 1 batch process vents controlled to 
a level more stringent than the standard (EBPV1iACTUAL) shall 
be calculated using Equation 40 of this subpart, where percent reduction 
is for the batch cycle:
[GRAPHIC] [TIFF OMITTED] TR09MR99.010

    (A) The percent reduction for the batch cycle shall be calculated 
according to the procedures in Sec.  63.1325(c)(2).
    (B) The percent reduction for control devices shall be determined 
according to the procedures in Sec.  63.1325(c)(2)(i) through 
(c)(2)(iii).
    (C) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 batch process vents 
(EBPV2iACTUAL) shall be calculated using Equation 41 of this 
subpart and the procedures in paragraphs (h)(6)(ii)(A) through 
(h)(6)(ii)(C) of this section. EBPV2iu shall be calculated 
using the procedures specified in Sec.  63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.040


[[Page 363]]


    (iv) Emissions from Group 2 batch process vents at baseline 
(EBPV2iBASE) shall be calculated as follows:
    (A) If the batch process vent was uncontrolled on November 15, 1990, 
EBPV2iBASE = EBPV2iu and shall be calculated using 
the procedures specified in Sec.  63.1323(b).
    (B) If the batch process vent was controlled on November 15, 1990, 
use Equation 42 of this subpart and the procedures in paragraphs 
(h)(6)(ii)(A) through (h)(6)(ii)(C) of this section. EBPV2iu 
shall be calculated using the procedures specified in Sec.  63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.041

    (7) Emissions from aggregate batch vent streams shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 aggregate batch vent streams 
(EABV1iu) shall be calculated according to the procedures and 
equation for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of 
this section.
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the standard 
(EABV1iACTUAL) shall be calculated using Equation 43 of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TR12SE96.042

    (A) The percent reduction for control devices shall be determined 
according to the procedures in Sec.  63.1325(e).
    (B) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 aggregate batch vent streams 
(EABV2iACTUAL) shall be calculated using Equation 44 of this 
subpart and the procedures in paragraphs (h)(7)(ii)(A) through 
(h)(7)(ii)(B) of this section. EABV2iu shall be calculated 
according to the equations and procedures for EABViu in 
paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR12SE96.043

    (iv) Emissions from Group 2 aggregate batch vent streams at baseline 
shall be calculated as follows:
    (A) If the aggregate batch vent stream was uncontrolled on November 
15, 1990, EABV2iBASE = EABV2iu and shall be 
calculated according to the procedures and equation for 
EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of this 
section.
    (B) If the aggregate batch vent stream was controlled on November 
15, 1990, use Equation 45 of this subpart and the procedures in 
paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this section. 
EABV2iu shall be calculated according to the equations and 
procedures for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) 
of this section.

[[Page 364]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.044

    (i) The following procedures shall be followed to establish nominal 
efficiencies for emission controls for storage vessels, continuous 
process vents, and process wastewater streams. The procedures in 
paragraphs (i)(1) through (i)(6) of this section shall be followed for 
control technologies that are different in use or design from the 
reference control technologies and achieve greater percent reductions 
than the percent efficiencies assigned to the reference control 
technologies in Sec.  63.111.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at a 
single plant-site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as 
specified in Sec.  63.1335(e)(7)(ii), to the Director of the EPA Office 
of Air Quality Planning and Standards in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance.
    (ii) Description of the control technology including design 
specifications.
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA Method 
or any other method validated according to Method 301, 40 CFR part 63, 
appendix A, of this part. If it is infeasible to obtain test data, 
documentation may include a design evaluation and calculations. The 
engineering basis of the calculation procedures and all inputs and 
assumptions made in the calculations shall be documented.
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 days whether an 
application presents sufficient information to determine nominal 
efficiency. The Administrator reserves the right to request specific 
data in addition to the items listed in paragraph (i)(1) of this 
section.
    (3) The Administrator shall determine within 120 days of the 
submittal of sufficient data whether a control technology shall have a 
nominal efficiency and the level of that nominal efficiency. If, in the 
Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may grant permission to take emission credits 
for use of the control technology. The Administrator may also impose 
requirements that may be necessary to ensure operation and maintenance 
to achieve the specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the owner or operator shall submit the information 
listed in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as 
specified in Sec.  63.1335(e)(7)(ii), to the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology may be approved by the permitting authority as part of an 
operating permit

[[Page 365]]

application or modification. The permitting authority shall follow the 
procedures specified in paragraphs (i)(2) through (i)(4) of this section 
except that, in these instances, a Federal Register notice is not 
required to establish the nominal efficiency for the different 
technology.
    (ii) If, in reviewing the application, the permitting authority 
believes the control technology has broad applicability for use by other 
affected sources, the permitting authority shall submit the information 
provided in the application to the Director of the EPA Office of Air 
Quality Planning and Standards. The Administrator shall review the 
technology for broad applicability and may publish a Federal Register 
notice; however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design from the reference 
control technology, the Administrator or permitting authority shall deny 
the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percent reduction) of pollution prevention measures for 
storage vessels, continuous process vents, batch process vents, 
aggregate batch vent streams, and wastewater streams:
    (1) A pollution prevention measure is any practice that meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include: substitution of 
feedstocks that reduce organic HAP emissions; alterations to the 
production process to reduce the volume of materials released to the 
environment; equipment modifications; housekeeping measures; and in-
process recycling that returns waste materials directly to production as 
raw materials. Production cutbacks do not qualify as pollution 
prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, may be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percent reduction used in 
the equations in paragraphs (g)(2) through (g)(7) of this section and 
paragraphs (h)(2) through (h)(7) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product produced 
during the two monthly periods.
    (ii) Equation 46 of this subpart shall be used to calculate the 
percent reduction of a pollution prevention measure for each emission 
point.
[GRAPHIC] [TIFF OMITTED] TR12SE96.045

Where:

Percent reduction = Efficiency of pollution prevention measure (percent 
          organic HAP reduction).
EB = Monthly emissions before the pollution prevention 
          measure, megagrams per month, determined as specified in 
          paragraphs (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of 
          this section.

[[Page 366]]

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

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the 
equations and procedures in paragraphs (g)(2) and (g)(3) of this section 
for continuous process vents, paragraph (g)(4) of this section for 
storage vessels, paragraph (g)(6) of this section for batch process 
vents, and paragraph (g)(7) of this section for aggregate batch vent 
streams.
    (B) For wastewater, EB shall be calculated using Equation 
47 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR09MR99.011

Where:

n = Number of wastewater streams.
QBi = Annual average flow rate for wastewater stream i before 
          the pollution prevention measure, defined and determined 
          according to Sec.  63.144(c)(3), liters per minute, before 
          implementation of the pollution prevention measure.
HBi = Number of hours per month that wastewater stream i was 
          discharged before the pollution prevention measure, hours per 
          month.
s = Total number of organic HAP in wastewater stream i.
Fem = Fraction emitted of organic HAP m in wastewater from 
          Table 34 of subpart G of this part, dimensionless.
HAPBim = Annual average concentration of organic HAP m in 
          wastewater stream i, defined and determined according to 
          paragraph Sec.  63.150(g)(5)(i) of this section, before the 
          pollution prevention measure, parts per million by weight, as 
          measured before the implementation of the pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
September 12, 1996 records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio can be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using 
Equation 48 of this subpart and n, Qppi, Hppi, s, 
Fem, and HAPppim are defined and determined as 
described in paragraph (j)(2)(ii)(B) of this section, except that 
Qppi, Hppi, and HAPppim shall be 
determined after the pollution prevention measure has been implemented.
[GRAPHIC] [TIFF OMITTED] TR12SE96.047

    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percent reduction achieved 
by a pollution prevention measure for each emission point shall be fully 
documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such

[[Page 367]]

cases, the percent reduction in emissions for each emission point shall 
be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(7) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology or 
standard, the nominal efficiency of a pollution prevention measure is 
equivalent to the percent reduction of the pollution prevention measure. 
When a pollution prevention measure is used, the owner or operator of an 
affected source is not required to apply to the Administrator for a 
nominal efficiency and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the emissions average 
will not result in greater hazard or, at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were controlled according to the provisions in 
Sec. Sec.  63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 
63.1330.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the Administrator.
    (i) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their operating permit application or in their Emissions Averaging Plan 
if an operating permit application has not yet been submitted.
    (3) An Emissions Averaging Plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
Emissions Averaging Plan as are necessary in order to ensure that the 
emissions average will not result in greater hazard or risk to human 
health or the environment than would result if the emission points were 
controlled according to Sec. Sec.  63.1314, 63.1315, 63.1316 through 
63.1320, 63.1321, and 63.1330.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the Administrator for such 
demonstrations.
    (l) For periods of parameter monitoring excursions, an owner or 
operator may request that the provisions of paragraphs (l)(1) through 
(l)(4) of this section be followed instead of the procedures in 
paragraphs (f)(2)(i) and (f)(2)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
monitoring excursions in the Periodic Reports as required in Sec.  
63.1335(e)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures of demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the 
excursion and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.
    (m) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Sec. Sec.  63.1314, 63.1315, 63.1316 through 63.1320, 
63.1321, and 63.1330, as applicable. The specific requirements for 
continuous process vents, batch process vents, aggregate batch vent 
streams, storage

[[Page 368]]

vessels, and wastewater operations that are included in an emissions 
average for an affected source are identified in paragraphs (m)(1) 
through (m)(7) of this section.
    (1) For each continuous process vent subject to Sec.  63.1315 
equipped with a flare, incinerator, boiler, or process heater, as 
appropriate to the control technique:
    (i) Determine whether the continuous process vent is Group 1 or 
Group 2 according to the procedures specified in Sec.  63.1315;
    (ii) Conduct initial performance tests to determine percent 
reduction according to the procedures specified in Sec.  63.1315; and
    (iii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec.  63.1315.
    (2) For each continuous process vent subject to Sec.  63.1315 
equipped with a carbon adsorber, absorber, or condenser but not equipped 
with a control device, as appropriate to the control technique:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value according to the procedures specified in Sec.  63.1315; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec.  63.1315.
    (3) For continuous process vents subject to Sec.  63.1316(b)(1)(i), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1):
    (i) Determine whether the emissions from the continuous process 
vents subject to Sec.  63.1316(b)(1)(i) located in the collection of 
material recovery sections within the affected source are greater than, 
equal to, or less than 0.12 kg organic HAP per Mg of product according 
to the procedures specified in Sec.  63.1318(b);
    (ii) Determine the emission rate, ERHAP, for each 
collection of process sections within the affected source according to 
the procedures specified in Sec.  63.1318(b); and
    (iii) [Reserved]
    (iv) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec.  63.1317, Sec.  
63.1319, Sec.  63.1320.
    (4) For each storage vessel controlled with an internal floating 
roof, external roof, or a closed vent system with a control device, as 
appropriate to the control technique:
    (i) Perform the monitoring or inspection procedures according to the 
procedures specified in Sec.  63.1314;
    (ii) Perform the reporting and recordkeeping procedures according to 
the procedures specified in Sec.  63.1314; and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec.  63.1314.
    (5) For wastewater emission points, as appropriate to the control 
technique:
    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec.  63.1330;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec.  63.1330;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec.  63.1330; and
    (iv) Implement a reporting program according to the procedures 
specified in Sec.  63.1330.
    (6) For each batch process vent and aggregate batch vent stream 
equipped with a control device, as appropriate to the control technique:
    (i) Determine whether the batch process vent or aggregate batch vent 
stream is Group 1 or Group 2 according to the procedures in Sec.  
63.1323;
    (ii) Conduct performance tests according to the procedures specified 
in Sec.  63.1325;
    (iii) Conduct monitoring according to the procedures specified in 
Sec.  63.1324; and
    (iv) Perform the recordkeeping and reporting procedures according to 
the procedures specified in Sec. Sec.  63.1326 and 63.1327.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are required by 
Sec. Sec.  63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, or 
63.1330, the owner or operator shall submit the information specified in 
Sec.  63.1335(f) for alternate monitoring parameters or inspection 
procedures in the Emissions

[[Page 369]]

Averaging Plan or operating permit application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for 5 years.
    (o) Precompliance Reports, Emission Averaging Plans, Notifications 
of Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec.  63.1335.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 
79 FR 17367, Mar. 27, 2014]



Sec.  63.1333  Additional requirements for performance testing.

    (a) Performance tests shall be conducted under such conditions as 
the Administrator specifies to the owner or operator based on 
representative performance of the affected source for the period being 
tested and in accordance with Sec.  63.7(a)(1), (a)(3), (d), (e)(2), 
(e)(4), (g), and (h), with the exceptions specified in paragraphs (a)(1) 
through (5) of this section and the additions specified in paragraphs 
(b) through (d) of this section. Representative conditions exclude 
periods of startup and shutdown unless specified by the Administrator or 
an applicable subpart. The owner or operator may not conduct performance 
tests during periods of malfunction. The owner or operator must record 
the process information that is necessary to document operating 
conditions during the test and include in such record an explanation to 
support that such conditions represent normal operation. Upon request, 
the owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests. Sections 63.1314 through 63.1330 also contain specific testing 
requirements.
    (1) Performance tests shall be conducted according to the provisions 
of Sec.  63.7(e)(2), except that performance tests shall be conducted at 
maximum representative operating conditions achievable during one of the 
time periods described in paragraph (a)(1)(i) of this section, without 
causing any of the situations described in paragraph (a)(1)(ii) of this 
section to occur.
    (i) The 6-month period that ends 2 months before the Notification of 
Compliance Status is due, according to Sec.  63.1335(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 3 
months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make 
product in excess of demand.
    (2) The requirements in Sec.  63.1335(e)(5) shall apply instead of 
the references in Sec.  63.7(g) to the Notification of Compliance Status 
requirements in Sec.  63.9(h).
    (3) Because the site-specific test plans in Sec.  63.7(c)(3) are not 
required, Sec.  63.7(h)(4)(ii) is not applicable.
    (4) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled to allow the Administrator the opportunity 
to have an observer present during the test. If after 30 days notice for 
an initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected facility shall notify the 
Administrator as soon as possible of any delay in the original test 
date, either by providing at least 7 days prior notice of the 
rescheduled date of the performance test, or by arranging a rescheduled 
date with the Administrator by mutual agreement.
    (5) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec.  63.7(a)(2) of subpart 
A of this part.
    (b) Each owner or operator of an existing affected source producing 
MBS complying with Sec.  63.1315(b)(2) shall determine compliance with 
the mass emission per mass product standard by using Equation 49 of this 
subpart. When determining Ei, when the provisions of Sec.  
63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A, shall 
be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be 
used for the purposes of this subpart. The

[[Page 370]]

use of Method 25A, 40 CFR part 60, appendix A, shall conform with the 
requirements in paragraphs (b)(1) and (b)(2) of this section. During 
periods of startup or shutdown, as an alternative to using Equation 49 
of this subpart, the owner or operator may divide the emission rate of 
total organic HAP or TOC during startup or shutdown by the rate of 
polymer produced from the most recent performance test associated with a 
production rate greater than zero to comply with the emission limit.
[GRAPHIC] [TIFF OMITTED] TR19JN00.041

Where:

ERMBS = Emission rate of organic HAP or TOC from continuous 
          process vents, kg/Mg product.
Ei = Emission rate of organic HAP or TOC from continuous 
          process vent i as calculated using the procedures specified in 
          Sec.  63.116(c)(4), kg/month.
PPM = Amount of polymer produced in one month as determined 
          by the procedures specified in Sec.  63.1318(b)(1)(ii), Mg/
          month.
n = Number of continuous process vents.

    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume.
    (2) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (c) The owner or operator of an affected source, complying with 
Sec.  63.1322(a)(3) shall determine compliance with the percent 
reduction requirement using Equation 50 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.049

Where:

PR = Percent reduction
Hj = Number of operating hours in a year for control device 
          j.
Ei = Mass rate of TOC or total organic HAP at the inlet of 
          control device j, calculated as specified in Sec.  63.1325(f), 
          kg/hr. This value includes all continuous process vents, batch 
          process vents, and aggregate batch vent streams routed to 
          control device j.
Eo = Mass rate of TOC or total organic HAP at the outlet of 
          control device j, calculated as specified in Sec.  63.1325(f), 
          kg/hr.
Hk = Number of hours of operation during which positive flow 
          is present in uncontrolled continuous process vent or 
          aggregate batch vent stream k, hr/yr.
Eku = Mass rate of TOC or total organic HAP of uncontrolled 
          continuous process vent or aggregate batch vent stream k, 
          calculated as specified in Sec.  63.1325(f)(4), kg/hr.
AEunc = Mass rate of TOC or total organic HAP of uncontrolled 
          batch process vent l, calculated as specified in Sec.  
          63.1325(f)(4), kg/yr.
n = Number of control devices, uncontrolled continuous process vents and 
          aggregate batch vent streams, and uncontrolled batch process 
          vents. The value of n is not necessarily the same for these 
          three items.

    (d) Data shall be reduced in accordance with the EPA approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (e) Notwithstanding any other provision of this subpart, if an owner 
or operator of an affected source uses a flare

[[Page 371]]

to comply with any of the requirements of this subpart, the owner or 
operator shall comply with paragraphs (e)(1) through (e)(3) of this 
section. The owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration. If a compliance demonstration has been conducted 
previously for a flare, using the techniques specified in paragraphs 
(e)(1) through (e)(3) of this section, that compliance demonstration may 
be used to satisfy the requirements of this paragraph if either no 
deliberate process changes have been made since the compliance 
demonstration, or the results of the compliance demonstration reliably 
demonstrate compliance despite process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec.  63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec.  63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec.  63.11(b)(7)(i) (and Sec.  63.11(b)(7)(iii), where 
applicable) or Sec.  63.11(b)(8), as appropriate.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000; 
79 FR 17637, Mar. 27, 2014]



Sec.  63.1334  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each measured parameter. If a 
performance test is required by this subpart for a control device, the 
owner or operator shall use the procedures in either paragraph (b) or 
(c) of this section to establish the parameter monitoring level(s). If a 
performance test is not required by this subpart for a control device, 
the owner or operator may use the procedures in paragraph (b), (c) or 
(d) of this section to establish the parameter monitoring level(s). When 
using the procedures specified in paragraph (c) or (d) of this section, 
the owner or operator shall submit the information specified in Sec.  
63.1335(e)(3)(vii) for review and approval as part of the Precompliance 
Report.
    (1) The owner or operator shall operate control and recovery devices 
such that the daily average of monitored parameters remains above the 
minimum established level or below the maximum established level, except 
as otherwise stated in this subpart.
    (2) As specified in Sec.  63.1335(e)(5), all established levels, 
along with their supporting documentation and the definition of an 
operating day, shall be submitted as part of the Notification of 
Compliance Status.
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of subpart A, F, G, or H of this part.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this subpart, 
and an owner or operator elects to establish a parameter monitoring 
level for a control, recovery, or recapture device based exclusively on 
parameter values measured during the performance test, the owner or 
operator of the affected source shall comply with the procedures in 
paragraphs (b)(1) through (b)(4) of this section, as applicable.
    (1) [Reserved]
    (2) Continuous process vents. During initial compliance testing, the 
appropriate parameter shall be continuously monitored during the 
required 1-hour runs. The monitoring level(s) shall then be established 
as the average of the maximum (or minimum) point values from the three 
test runs. The average of the maximum values shall be used when 
establishing a maximum level, and the average of the minimum values 
shall be used when establishing a minimum level.
    (3) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section. The procedures specified in this 
paragraph (b)(3) may only be used

[[Page 372]]

if the batch emission episodes, or portions thereof, selected to be 
controlled were tested, and monitoring data were collected, during the 
entire period in which emissions were vented to the control device, as 
specified in Sec.  63.1325(c)(1)(i). If the owner or operator chose to 
test only a portion of the batch emission episode, or portion thereof, 
selected to be controlled, the procedures in paragraph (c) of this 
section shall be used.
    (i) If more than one batch emission episode or more than one portion 
of a batch emission episode has been selected to be controlled, a single 
level for the batch cycle shall be calculated as follows:
    (A) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (B) If the level to be established is a maximum operating parameter, 
the level shall be defined as the minimum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled (i.e., identify the emission episode, or 
portion thereof, which requires the lowest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (C) If the level to be established is a minimum operating parameter, 
the level shall be defined as the maximum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled (i.e., identify the emission episode, or 
portion thereof, which requires the highest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (D) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraph (b)(3)(i)(A) of this section.
    (iii) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec.  63.1335(e)(5). Said definition 
shall include an identification of each batch emission episode and the 
information required to determine parameter monitoring compliance for 
partial batch cycles (i.e., when part of a batch cycle is accomplished 
during two different operating days).
    (4) Aggregate batch vent streams. For aggregate batch vent streams, 
the monitoring level shall be established in accordance with paragraph 
(b)(2) of this section.
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations. In cases where a performance test is 
required by this subpart, or the owner or operator elects to do a 
performance test in accordance with the provisions of this subpart, and 
an owner or operator elects to establish a parameter monitoring level 
for a control, recovery, or recapture device under this paragraph (c), 
the owner or operator shall supplement the parameter values measured 
during the performance test with engineering assessments and/or 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of expected parameter values.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. In cases where a 
performance test is not required by this subpart and an owner or 
operator elects to establish a parameter monitoring level for a control, 
recovery, or recapture device under this paragraph (d), the 
determination of the parameter monitoring

[[Page 373]]

level shall be based exclusively on engineering assessments and/or 
manufacturer's recommendations.
    (e) [Reserved]
    (f) Parameter monitoring excursion definitions. (1) With respect to 
storage vessels (where the applicable monitoring plan specifies 
continuous monitoring), continuous process vents, aggregate batch vent 
streams, and process wastewater streams, an excursion means any of the 
three cases listed in paragraphs (f)(1)(i) through (f)(1)(iii) of this 
section. For a control or recovery device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion criteria 
in paragraphs (f)(1)(i) through (f)(1)(iii) of this section, this is 
considered a single excursion for the control or recovery device. For 
each excursion, the owner or operator shall be deemed out of compliance 
with the provisions of this subpart.
    (i) When the daily average value of one or more monitored parameters 
is above the maximum level or below the minimum level established for 
the given parameters.
    (ii) When the period of control or recovery device operation, with 
the exception noted in paragraph (f)(1)(v) of this section, is 4 hours 
or greater in an operating day, and monitoring data are insufficient, as 
defined in paragraph (f)(1)(iv) of this section, to constitute a valid 
hour of data for at least 75 percent of the operating hours.
    (iii) When the period of control or recovery device operation, with 
the exception noted in paragraph (f)(1)(v) of this section, is less than 
4 hours in an operating day and more than two of the hours during the 
period of operation do not constitute a valid hour of data due to 
insufficient monitoring data, as defined in paragraph (f)(1)(iv) of this 
section.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (f)(1)(ii) and (f)(1)(iii) of this section, 
if measured values are unavailable for any of the 15-minute periods 
within the hour. For data compression systems approved under Sec.  
63.1335(g)(3), monitoring data are insufficient to calculate a valid 
hour of data if there are less than four data measurements made during 
the hour.
    (v) The periods listed in paragraphs (f)(1)(v)(A) and (B) of this 
section are not considered to be part of the period of control or 
recovery device operation, for the purposes of paragraphs (f)(1)(ii) and 
(iii) of this section.
    (A) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (B) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) With respect to batch process vents, an excursion means one of 
the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this 
section. For a control device where multiple parameters are monitored, 
if one or more of the parameters meets the excursion criteria in either 
paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a 
single excursion for the control device. For each excursion, the owner 
or operator shall be deemed out of compliance with the provisions of 
this subpart.
    (i) When the batch cycle daily average value of one or more 
monitored parameters is above the maximum or below the minimum 
established level for the given parameters.
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available for at least 75 percent of the 15-minute periods when 
batch emission episodes selected to be controlled are being vented to 
the control device during the operating day, using the procedures 
specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this 
section.
    (A) Determine the total amount of time during the operating day when 
batch emission episodes selected to be controlled are being vented to 
the control device.
    (B) Subtract the time during the periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments from the total amount of time determined in paragraph 
(f)(2)(ii)(A) of this section, to obtain the operating

[[Page 374]]

time used to determine if monitoring data are insufficient.
    (C) Determine the total number of 15-minute periods in the operating 
time used to determine if monitoring data are insufficient, as was 
determined in accordance with paragraph (f)(2)(ii)(B) of this section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(f)(2)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (3) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(f)(3)(i) or (ii) of this section, as applicable. For a control or 
recovery device where multiple parameters are monitored, if one or more 
of the parameters meets the excursion criteria, this is considered a 
single excursion for the control or recovery device. For each excursion, 
the owner or operator shall be deemed out of compliance with the 
provisions of this subpart.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (f)(3)(i)(A) or 
(f)(3)(i)(B) of this section is considered a single excursion for the 
control device. For each excursion, the owner or operator shall be 
deemed out of compliance with the provisions of this subpart.
    (A) When the average value of one or more parameters, averaged over 
the duration of the filling period for the storage vessel, is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the specific intervals at which parameters are to be 
monitored and recorded, according to the storage vessel's monitoring 
plan, during the filling period for the storage vessel.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals (for example, if the 
relevant operating requirement is to exchange a disposable carbon 
canister before expiration of its rated service life), the monitoring 
plan shall define an excursion in terms of the relevant operating 
requirement.
    (4) With respect to continuous process vents complying with the mass 
emissions per mass product requirements specified in Sec.  
63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1)(i), an 
excursion has occurred when the mass emission rate calculated as 
specified in Sec.  63.1318(c) exceeds the appropriate mass emissions per 
mass product requirement. For each excursion, the owner or operator 
shall be deemed out of compliance with the provisions of this subpart.
    (5) With respect to continuous process vents complying with the 
temperature limits for final condensers specified in Sec.  
63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when the 
daily average exit temperature exceeds the appropriate condenser 
temperature limit. For each excursion, the owner or operator shall be 
deemed out of compliance with the provisions of this subpart. The 
periods listed in paragraphs (f)(5)(i) and (ii) of this section are not 
considered to be part of the period of operation for the condenser for 
purposes of determining the daily average exit temperature.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (6) With respect to new affected sources producing SAN using a batch 
process, an excursion has occurred when the percent reduction calculated 
using the procedures specified in Sec.  63.1333(c) is less than 84 
percent. For each excursion, the owner or operator shall be deemed out 
of compliance with the provisions of this subpart. The periods listed in 
paragraphs (f)(6)(i) and (ii) of this section are not considered to be 
part of the period of control or recovery device operation for purposes 
of determining the percent reduction.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero

[[Page 375]]

(low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (7) With respect to continuous process vents complying with the mass 
emissions per mass product requirement specified in Sec.  63.1315(b)(2), 
an excursion has occurred when the mass emission rate calculated as 
specified in Sec.  63.1333(b) exceeds the mass emissions per mass 
product requirement specified in Sec.  63.1315(b)(2). For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart.

[61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000; 
79 FR 17368, Mar. 27, 2014]



Sec.  63.1335  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The remaining 4 and one-half years of records may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived the 
requirement of Sec.  63.10(a)(4)(ii) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of those 
reports.
    (b) Requirements of subpart A of this part. The owner or operator of 
an affected source shall comply with the applicable recordkeeping and 
reporting requirements in subpart A of this part as specified in Table 1 
of this subpart. These requirements include, but are not limited to, the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) Malfunction recordkeeping and reporting. (i) Records of 
malfunctions. The owner or operator shall keep the records specified in 
paragraphs (b)(1)(i)(A) through (C) of this section.
    (A) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure record the 
date, time, and duration of each failure.
    (B) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit, 
and a description of the method used to estimate the emissions.
    (C) Record actions taken to minimize emissions in accordance with 
Sec.  63.1310(j)(4), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (ii) Reports of malfunctions. If a source fails to meet an 
applicable standard, report such events in the Periodic Report. Report 
the number of failures to meet an applicable standard. For each 
instance, report the date, time, and duration of each failure. For each 
failure the report must include a list of the affected sources or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit, and a description of the method used to 
estimate the emissions.
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec.  63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec.  63.5(d)(1)(ii)(H), 
(d)(1)(iii), (d)(2), and (d)(3)(ii).
    (c) [Reserved]
    (d) Recordkeeping and documentation. Owners or operators required to 
keep continuous records shall keep records as specified in paragraphs 
(d)(1)

[[Page 376]]

through (10) of this section, unless an alternative recordkeeping system 
has been requested and approved as specified in paragraph (g) of this 
section, and except as provided in paragraph (h) of this section. If a 
monitoring plan for storage vessels pursuant to Sec.  63.1314(a)(9) 
requires continuous records, the monitoring plan shall specify which 
provisions, if any, of paragraphs (d)(1) through (10) of this section 
apply. As described in Sec.  63.1314(a)(9), certain storage vessels are 
not required to keep continuous records as specified in this paragraph. 
Owners and operators of such storage vessels shall keep records as 
specified in the monitoring plan required by Sec.  63.1314(a)(9). 
Paragraphs (d)(8) and (d)(9) of this section specify documentation 
requirements.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either each measured data 
value or block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute may 
be used to calculate the hourly (or shorter period) block average 
instead of all measured values. Owners or operators of batch process 
vents shall record each measured data value.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraphs (d)(6) and (d)(7) of this 
section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day, except as specified in paragraph (d)(7) of this section. 
For batch process vents, as specified in Sec.  63.1326(e)(2)(i), only 
parameter values measured during those batch emission episodes, or 
portions thereof, in the batch cycle that the owner or operator has 
chosen to control shall be used to calculate the average. The calculated 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous.
    (ii) The operating day shall be the period the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status for purposes of determining daily average values or batch cycle 
daily average values of monitored parameters.
    (4)-(5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. If all recorded values for a monitored parameter 
during an operating day are above the minimum level or below the maximum 
level established in the Notification of Compliance Status or operating 
permit, the owner or operator may record that all values were above the 
minimum level or below the maximum level rather than calculating and 
recording a daily average (or batch cycle daily average) for that 
operating day.
    (7) Monitoring data recorded during periods identified in paragraphs 
(d)(7)(i) and (ii) of this section shall not be included in any average 
computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
control device or recovery device operation when monitors are not 
operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under

[[Page 377]]

Sec.  63.10(f) shall maintain the information, if any, specified by the 
Administrator as a condition of the waiver of recordkeeping or reporting 
requirements.
    (10) For pressure relief devices in organic HAP service, keep 
records of the information specified in paragraphs (d)(10)(i) through 
(v) of this section, as applicable.
    (i) A list of identification numbers for pressure relief devices 
that the owner or operator elects to equip with a closed-vent system and 
control device, subject to the provisions in Sec.  63.1331(a)(9)(iv).
    (ii) A list of identification numbers for pressure relief devices 
subject to the provisions in Sec.  63.1331(a)(9)(i).
    (iii) A list of identification numbers for pressure relief devices 
equipped with rupture disks, subject to the provisions in Sec.  
63.1331(a)(9)(ii)(B).
    (iv) The dates and results of the Method 21 of 40 CFR part 60, 
appendix A, monitoring following a pressure release for each pressure 
relief device subject to the provisions in Sec.  63.1331(a)(9)(i) and 
(ii). The results shall include:
    (A) The background level measured during each compliance test.
    (B) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (v) For pressure relief devices in organic HAP service subject to 
Sec.  63.1331(a)(9)(iii), keep records of each pressure release to the 
atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) The quantity of total HAP emitted during the pressure release 
and the calculations used for determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (e) Reporting and notification. In addition to the reports and 
notifications required by subpart A of this part as specified in Table 1 
of this subpart, the owner or operator of an affected source shall 
prepare and submit the reports listed in paragraphs (e)(3) through (9) 
of this section, as applicable. All reports required by this subpart, 
and the schedule for their submittal, are listed in Table 9 of this 
subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this subpart for failing to submit information required 
to be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section. Examples of circumstances where this paragraph may apply 
include information related to newly-added equipment or emission points, 
changes in the process, changes in equipment required or utilized for 
compliance with the requirements of this subpart, or changes in methods 
or equipment for monitoring, recordkeeping, or reporting.
    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the report 
in which the information is required, the owner or operator shall submit 
the information as a supplement to that report. The information shall be 
submitted no later than 60 days after it is obtained, unless otherwise 
specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an operating 
permit pursuant to part 70 or part 71, due to circumstances to which the 
information pertains, the owner or operator shall submit the information 
with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this paragraph, the owner or operator shall submit the 
information with the first Periodic Report, as required by this subpart, 
which has a submission deadline at least 60 days after the information 
is obtained.

[[Page 378]]

    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec.  63.13. If 
acceptable to both the Administrator and the owner or operator of an 
affected source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring and 
recordkeeping or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec.  63.1323(b)(6)(i)(C); or wishing to 
establish parameter monitoring levels according to the procedures 
contained in Sec.  63.1334(c) or (d), shall submit a Precompliance 
Report according to the schedule described in paragraph (e)(3)(i) of 
this section. The Precompliance Report shall contain the information 
specified in paragraphs (e)(3)(ii) through (e)(3)(viii) of this section, 
as appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than December 19, 2000. If a Precompliance 
Report was submitted prior to June 19, 2000 and no changes need to be 
made to that Precompliance Report, the owner or operator shall re-submit 
the earlier report or submit notification that the previously submitted 
report is still valid. Unless the Administrator objects to a request 
submitted in the Precompliance Report within 45 days after its receipt, 
the request shall be deemed approved. For new affected sources, the 
Precompliance Report shall be submitted to the Administrator with the 
application for approval of construction or reconstruction required in 
paragraph (b)(2) of this section. Supplements to the Precompliance 
Report may be submitted as specified in paragraph (e)(3)(ix) of this 
section. To submit a Precompliance Report for the first time after the 
compliance date to request an extension for compliance; request approval 
to use alternative monitoring parameters, alternative continuous 
monitoring and recordkeeping or alternative controls; request approval 
to use engineering assessment to estimate emissions from a batch 
emissions episode, as described in Sec.  63.1323(b)(6)(i)(C); or to 
request to establish parameter monitoring levels according to the 
procedures contained in Sec.  63.1334(c) or (d), the owner or operator 
shall notify the Administrator at least 90 days before the planned 
change is to be implemented; the change shall be considered approved if 
the Administrator either approves the change in writing, or fails to 
disapprove the change in writing within 45 days of receipt.
    (ii) A request for an extension for compliance, as specified in 
Sec.  63.1311(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
Sec.  63.6(i)(6)(i)(A), (B), and (D), as required in Sec.  
63.1311(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other than 
those for which monitoring parameters are specified in this subpart or 
in subpart G of this part or seeks to comply by monitoring a different 
parameter than those specified in this subpart or in subpart G of this 
part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) of 
this section, the owner or operator shall submit a request for approval 
in the Precompliance Report.
    (v) The owner or operator shall report the intent to use alternative 
emission standards to comply with the provisions of this subpart in the 
Precompliance Report. The Administrator may deem alternative emission 
standards to be equivalent to the standard required by the subpart, 
under the procedures outlined in Sec.  63.6(g).
    (vi) If a request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode, as described in Sec.  
63.1323(b)(6)(i)(C)

[[Page 379]]

is being made, the information required by Sec.  63.1323(b)(6)(iii)(B) 
shall be submitted in the Precompliance Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec.  63.1334(c) or (d), 
the following information shall be submitted in the Precompliance 
Report:
    (A) Identification of which procedures (i.e., Sec.  63.1334(c) or 
(d)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec.  63.1334(c) are to be used, a 
description of how performance test data will be used shall be included.
    (viii) [Reserved]
    (ix) Supplements to the Precompliance Report may be submitted as 
specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section. 
Unless the Administrator objects to a request submitted in a supplement 
to the Precompliance Report within 45 days after its receipt, the 
request shall be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(3)(v) of this section; to use engineering assessment to estimate 
emissions from a batch emissions episode, as specified in paragraph 
(e)(3)(vi) of this section; or to establish parameter monitoring levels 
according to the procedures contained in Sec.  63.1334(c) or (d), as 
specified in paragraph (e)(3)(vii) of this section.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in paragraph 
(e)(4)(ii) of this section is submitted with an operating permit 
application. An owner or operator of an affected source who submits an 
operating permit application instead of an Emissions Averaging Plan 
shall submit the information specified in paragraph (e)(8) of this 
section. In addition, a supplement to the Emissions Averaging Plan, as 
required under paragraph (e)(4)(iii) of this section, is to be submitted 
whenever additional alternative controls or operating scenarios may be 
used to comply with this subpart. Updates to the Emissions Averaging 
Plan shall be submitted in accordance with paragraph (e)(4)(iv) of this 
section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than September 19, 2000, and it is subject to 
Administrator approval. If an Emissions Averaging Plan was submitted 
prior to June 19, 2000 and no changes need to be made to that Emissions 
Averaging Plan, the owner or operator shall re-submit the earlier plan 
or submit notification that the previously submitted plan is still 
valid. The Administrator shall determine within 120 days whether the 
Emissions Averaging Plan submitted presents sufficient information. The 
Administrator shall either approve the Emissions Averaging Plan, request 
changes, or request that the owner or operator submit additional 
information. Once the Administrator receives sufficient information, the 
Administrator shall approve, disapprove, or request changes to the plan 
within 120 days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(N) of this section for all emission points included in an 
emissions average.
    (A) The required information shall include the identification of all 
emission points in the planned emissions average and, where applicable, 
notation of whether each storage vessel, continuous process vent, batch 
process vent, aggregate batch vent stream, and process wastewater stream 
is a Group 1 or Group 2 emission point, as defined in

[[Page 380]]

Sec.  63.1312 or as designated under Sec.  63.1332 (c)(3) through 
(c)(5).
    (B) The required information shall include the projected emission 
debits and credits for each emission point and the sum for the emission 
points involved in the average calculated according to Sec.  63.1332. 
The projected credits shall be greater than or equal to the projected 
debits, as required under Sec.  63.1332(e)(3).
    (C) The required information shall include the specific control 
technology or pollution prevention measure that will be used for each 
emission point included in the average and date of application or 
expected date of application.
    (D) The required information shall include the specific 
identification of each emission point affected by a pollution prevention 
measure. To be considered a pollution prevention measure, the criteria 
in Sec.  63.1332(j)(1) shall be met. If the same pollution prevention 
measure reduces or eliminates emissions from multiple emission points in 
the average, the owner or operator shall identify each of these emission 
points.
    (E) The required information shall include a statement that the 
compliance demonstration, monitoring, inspection, recordkeeping, and 
reporting provisions in Sec.  63.1332 (m), (n), and (o) that are 
applicable to each emission point in the emissions average will be 
implemented beginning on or before the date of compliance.
    (F) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(F)(1) through (e)(4)(ii)(F)(5) of this 
section for each storage vessel and continuous process vent subject to 
Sec.  63.1315 included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2. Where TRE index value is used for continuous process vent group 
determination, the estimated or measured values of the parameters used 
in the TRE equation in Sec.  63.115(d) and the resulting TRE index value 
shall be submitted.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec.  63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) The required documentation shall include the estimated percent 
reduction if a control technology achieving a lower percent reduction 
than the efficiency of the applicable reference control technology or 
standard is or will be applied to the emission point.
    (4) The required documentation shall include the anticipated nominal 
efficiency if a control technology achieving a greater percent emission 
reduction than the efficiency of the reference control technology is or 
will be applied to the emission point. The procedures in Sec.  
63.1332(i) shall be followed to apply for a nominal efficiency, and the 
report specified in paragraph (e)(7)(ii) of this section shall be 
submitted with the Emissions Averaging Plan as specified in paragraph 
(e)(7)(ii)(A) of this section.
    (5) The required documentation shall include the monitoring plan 
specified in Sec.  63.122(b), to include the information specified in 
Sec.  63.120(d)(2)(i) and in either Sec.  63.120(d)(2)(ii) or 
(d)(2)(iii) for each storage vessel controlled with a closed-vent system 
using a control device other than a flare.
    (G) The information specified in paragraph (f) of this section shall 
be included in the Emissions Averaging Plan for:
    (1) Each continuous process vent subject to Sec.  63.1315 controlled 
by a pollution prevention measure or control technique for which 
monitoring parameters or inspection procedures are not specified in 
Sec.  63.114; and
    (2) Each storage vessel controlled by pollution prevention or a 
control technique other than an internal or external floating roof or a 
closed vent system with a control device.
    (H) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(H)(1) through (e)(4)(ii)(H)(5) of this 
section for each collection of continuous process vents located in a 
process section within the affected source subject to Sec.  63.1316

[[Page 381]]

(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) included in the 
average.
    (1) For continuous process vents subject to Sec.  63.1316(b)(1)(i), 
the required documentation shall include the values of the parameters 
used to determine whether the emission point is Group 1 or Group 2. 
Continuous process vents subject to Sec.  63.1316 (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) are considered Group 1 emission points for 
purposes of emissions averaging, as specified in Sec.  63.1332(c)(5).
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec.  63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) For process sections generating debits or credits by comparing 
actual emissions expressed as kg HAP emissions per Mg of product to the 
applicable standard, the required documentation shall include the actual 
emission level expressed as kg HAP emissions per Mg of product.
    (4) For process sections using combustion control devices, the 
required documentation shall include the estimated percent reduction if 
a control technology achieving a lower percent reduction than the 
efficiency of the applicable reference control technology or standard is 
or will be applied to the emission point.
    (5) For process sections using combustion control devices, the 
required documentation shall include the anticipated nominal efficiency 
if a control technology achieving a greater percent emission reduction 
than the efficiency of the reference control technology is or will be 
applied to the emission point. The procedures in Sec.  63.1332(i) shall 
be followed to apply for a nominal efficiency.
    (I) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from each collection of continuous 
process vents located in a process section within the affected source 
subject to Sec.  63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), 
or (c)(1) and for which no monitoring parameters or inspection 
procedures are specified in Sec.  63.114, the information specified in 
paragraph (f) of this section, Alternative Monitoring Parameters, shall 
be included in the Emissions Averaging Plan.
    (J) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(J)(1) through (e)(4)(ii)(J)(3) of this 
section for each batch process vent and aggregate batch vent stream 
included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec.  63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) For batch process vents, the required documentation shall 
include the estimated percent reduction for the batch cycle. For 
aggregate batch vent streams, the required documentation shall include 
the estimated percent reduction achieved on a continuous basis.
    (K) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from batch process vents or 
aggregate batch vent streams and for which no monitoring parameters or 
inspection procedures are specified in Sec.  63.1324, the information 
specified in paragraph (f) of this section, Alternative Monitoring 
Parameters, shall be included in the Emissions Averaging Plan.
    (L) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(L)(1) through (e)(4)(ii)(L)(4) of this 
section for each process wastewater stream included in the average.
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream.

[[Page 382]]

    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the wastewater emission credit and 
debit calculations in Sec.  63.1332(g) and (h). These parameter values 
shall be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) The required documentation shall include the estimated percent 
reduction if:
    (i) A control technology that achieves an emission reduction less 
than or equal to the emission reduction that would otherwise have been 
achieved by a steam stripper designed to the specifications found in 
Sec.  63.138(g) is or will be applied to the wastewater stream;
    (ii) A control technology achieving less than or equal to 95 percent 
emission reduction is or will be applied to the vapor stream(s) vented 
and collected from the treatment processes; or
    (iii) A pollution prevention measure is or will be applied.
    (4) The required documentation shall include the anticipated nominal 
efficiency if the owner or operator plans to apply for a nominal 
efficiency under Sec.  63.1332(i). A nominal efficiency shall be applied 
for if:
    (i) A control technology that achieves an emission reduction greater 
than the emission reduction that would have been achieved by a steam 
stripper designed to the specifications found in Sec.  63.138(g), is or 
will be applied to the wastewater stream; or
    (ii) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (M) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec.  63.143, the information specified in 
paragraph (f) of this section, Alternative Monitoring Parameters, shall 
be included in the Emissions Averaging Plan.
    (N) The required information shall include documentation of the data 
required by Sec.  63.1332(k). The documentation shall demonstrate that 
the emissions from the emission points proposed to be included in the 
average will not result in greater hazard or, at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were not included in an emissions average.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging Plan for any additional alternative controls or operating 
scenarios that may be used to achieve compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under the 
circumstances described in paragraphs (e)(4)(iv)(A) through 
(e)(4)(iv)(C) of this section unless the relevant information has been 
included and submitted in an operating permit application or amendment.
    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 days prior 
to making the change.
    (1) An Emissions Averaging Plan update shall be submitted whenever 
an owner or operator elects to achieve compliance with the emissions 
averaging provisions in Sec.  63.1332 by using a control technique other 
than that specified in the Emissions Averaging Plan or plans to monitor 
a different parameter or operate a control device in a manner other than 
that specified in the Emissions Averaging Plan.
    (2) An Emissions Averaging Plan update shall be submitted whenever 
an emission point or a TPPU is added to an existing affected source and 
is planned to be included in an emissions average, or whenever an 
emission point not included in the emissions average described in the 
Emissions Averaging

[[Page 383]]

Plan is to be added to an emissions average. The information in 
paragraph (e)(4) of this section shall be updated to include the 
additional emission point.
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 days after the 
information regarding the change is known to the affected source. The 
update may be submitted in the next quarterly periodic report if the 
change is made after the date the Notification of Compliance Status is 
due.
    (1) An Emissions Averaging Plan update shall be submitted whenever a 
process change is made such that the group status of any emission point 
in an emissions average changes.
    (2) An Emissions Averaging Plan update shall be submitted whenever a 
value of a parameter in the emission credit or debit equations in Sec.  
63.1332 (g) or (h) changes such that it is below the minimum or above 
the maximum established level specified in the Emissions Averaging Plan 
and causes a decrease in the projected credits or an increase in the 
projected debits.
    (C) The Administrator shall approve or request changes to the 
Emissions Averaging Plan update within 120 days of receipt of sufficient 
information regarding the change for emission points included in 
emissions averages.
    (5) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted. For 
equipment leaks subject to Sec.  63.1331, the owner or operator shall 
submit the information required in Sec.  63.182(c) in the Notification 
of Compliance Status within 150 days after the first applicable 
compliance date for equipment leaks in the affected source, and an 
update shall be provided in the first Periodic Report that is due at 
least 150 days after each subsequent applicable compliance date for 
equipment leaks in the affected source. For all other emission points, 
including heat exchange systems, the Notification of Compliance Status 
shall contain the information listed in paragraphs (e)(5)(i) through 
(e)(5)(xi) of this section, as applicable, and shall be submitted no 
later than 150 days after the compliance dates specified in this 
subpart. For pressure relief devices subject to the requirements of 
Sec.  63.1331(a)(9)(iii), the owner or operator shall submit the 
information listed in paragraph (e)(5)(xii) of this section in the 
Notification of Compliance Status within 150 days after the first 
applicable compliance date for pressure relief device monitoring.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
any other information used to demonstrate compliance, values of 
monitored parameters established during performance tests, and any other 
information required to be included in the Notification of Compliance 
Status under Sec. Sec.  63.1311(m), 63.122, and 63.1314 for storage 
vessels, Sec.  63.117 for continuous process vents, Sec.  63.146 for 
process wastewater, Sec. Sec.  63.1316 through 63.1320 for continuous 
process vents subject to Sec.  63.1316, Sec.  63.1327 for batch process 
vents, Sec.  63.1329 for process contact cooling towers, and Sec.  
63.1332 for emission points included in an emissions average. In 
addition, the owner or operator of an affected source shall comply with 
paragraphs (e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and process section 
applicability determinations that are based on measurements, the 
Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(5)(i)(B) of this section, for each 
test method used for a particular kind of emission point. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other information, from the test report, 
that is requested on a case-by-case basis by the Administrator shall be 
submitted, but a complete test report is not required.
    (B) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data

[[Page 384]]

sheets for field and laboratory analyses, documentation of calculations, 
and any other information required by the test method.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec.  63.114(e) for continuous 
process vents, Sec.  63.1324 for batch process vents and aggregate batch 
vent streams, Sec.  63.143(f) for process wastewater, Sec.  63.1332(m) 
for emission points in emissions averages, paragraph (e)(8) of this 
section, or paragraph (f) of this section, the Notification of 
Compliance Status shall contain the information specified in paragraphs 
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this 
information has been established and provided in the operating permit 
application. Further, as described in Sec.  63.1314(a)(9), for those 
storage vessels for which the monitoring plan required by Sec.  
63.1314(a)(9) specifies compliance with the provisions of Sec.  63.1334, 
the owner or operator shall provide the information specified in 
paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each 
monitored parameter, unless this information has been established and 
provided in the operating permit application. For those storage vessels 
for which the monitoring plan required by Sec.  63.1314(a)(9) does not 
require compliance with the provisions of Sec.  63.1334, the owner or 
operator shall provide the information specified in Sec.  63.120(d)(3) 
as part of the Notification of Compliance Status, unless this 
information has been established and provided in the operating permit 
application.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates proper operation of the control 
device.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) of 
this section, for purposes of determining daily average values or batch 
cycle daily average values of monitored parameters.
    (D) For batch process vents, the required information shall include 
a definition of each batch cycle that requires the control of one or 
more batch emission episodes during the cycle, as specified in Sec.  
63.1325(c)(2) and Sec.  63.1334(b)(3)(iii).
    (iii) For emission points included in an emissions average, the 
Notification of Compliance Status shall contain the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec.  63.1332 (g) and (h), calculated or measured according to the 
procedures in Sec.  63.1332 (g) and (h), and the resulting calculation 
of credits and debits for the first quarter of the year. The first 
quarter begins on the compliance date specified.
    (iv) The determination of applicability for flexible operation units 
as specified in Sec.  63.1310(f).
    (v) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in Sec.  
63.1310(f)(7).
    (vi) The results for each predominant use determination made under 
Sec.  63.1310(g), for storage vessels assigned to an affected source 
subject to this subpart.
    (vii) The results for each predominant use determination made under 
Sec.  63.1310(h), for recovery operations equipment assigned to an 
affected source subject to this subpart.
    (viii) For owners or operators of Group 2 batch process vents 
establishing a batch mass input limitation as specified in Sec.  
63.1325(g), the affected source's operating year for purposes of 
determining compliance with the batch mass input limitation.
    (ix) If any emission point is subject to this subpart and to other 
standards as specified in Sec.  63.1311, and if the provisions of Sec.  
63.1311 allow the owner or operator to choose which testing, monitoring, 
reporting, and recordkeeping provisions will be followed, then the 
Notification of Compliance Status shall indicate which rule's 
requirements will be followed for testing, monitoring, reporting, and 
recordkeeping.

[[Page 385]]

    (x) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec.  63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (xi) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Notification of 
Compliance Status or as part of the appropriate Periodic Report as 
specified in paragraph (e)(6)(ix) of this section.
    (xii) For pressure relief devices in organic HAP service, a 
description of the device or monitoring system to be implemented, 
including the pressure relief devices and process parameters to be 
monitored (if applicable), a description of the alarms or other methods 
by which operators will be notified of a pressure release, and a 
description of how the owner or operator will determine the information 
to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section 
(i.e., the duration of the pressure release and the methodology and 
calculations for determining of the quantity of total HAP emitted during 
the pressure release). For existing and new affected sources, the owner 
or operator shall submit Periodic Reports as specified in paragraphs 
(e)(6)(i) through (xiii) of this section. In addition, for equipment 
leaks subject to Sec.  63.1331, with the exception of Sec.  63.1331(c), 
the owner or operator shall submit the information specified in Sec.  
63.182(d) under the conditions listed in Sec.  63.182(d), and for heat 
exchange systems subject to Sec.  63.1328, the owner or operator shall 
submit the information specified in Sec.  63.104(f)(2) as part of the 
Periodic Report required by this paragraph (e)(6).
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (xiii) of this section. In addition, for 
equipment leaks subject to Sec.  63.1331, with the exception of Sec.  
63.1331(c), the owner or operator shall submit the information specified 
in Sec.  63.182(d) under the conditions listed in Sec.  63.182(d), and 
for heat exchange systems subject to Sec.  63.1328, the owner or 
operator shall submit the information specified in Sec.  63.104(f)(2) as 
part of the Periodic Report required by this paragraph (e)(6). Section 
63.1334 shall govern the use of monitoring data to determine compliance 
for Group 1 emissions points and for Group 1 and Group 2 emission points 
included in emissions averages with the following exception: As 
discussed in Sec.  63.1314(a)(9), for storage vessels to which the 
provisions of Sec.  63.1334 do not apply, as specified in the monitoring 
plan required by Sec.  63.120(d)(2), the owner or operator is required 
to comply with the requirements set out in the monitoring plan, and 
monitoring records may be used to determine compliance.
    (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or containing the information in paragraphs 
(e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be 
submitted semiannually no later than 60 days after the end of each 6-
month period. The first report shall be submitted no later than 240 days 
after the date the Notification of Compliance Status is due and shall 
cover the 6-month period beginning on the date the Notification of 
Compliance Status is due.
    (ii) If none of the compliance exceptions specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of 
this section shall be a statement that there were no compliance 
exceptions as described in this paragraph for the 6-month period covered 
by that report and no activities specified in paragraphs (e)(6)(iii) 
through (e)(6)(ix) of this section occurred during the 6-month period 
covered by that report.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Sec. Sec.  63.1314 through 63.1330 for any emission 
point or process section, Periodic Reports shall include:
    (A) All information specified in Sec.  63.122 for storage vessels; 
Sec. Sec.  63.117 and

[[Page 386]]

63.118 and Sec.  63.1320 for continuous process vents, as applicable; 
Sec.  63.1327 for batch process vents and aggregate batch vent streams; 
Sec.  63.104 for heat exchange systems; and Sec.  63.146 for process 
wastewater;
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for unexcused excursions, as defined in Sec.  
63.1334(f). For excursions caused by lack of monitoring data, the start-
time and duration of periods when monitoring data were not collected 
shall be specified.
    (C) [Reserved]
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(4) of this section, as applicable:
    (1) Any supplements to the Emissions Averaging Plan, as required in 
paragraph (e)(4)(iii) of this section;
    (2) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process change 
if that process change caused the group status of an emission point to 
change from Group 1 to Group 2. However, until the owner or operator 
notifies the Administrator that the group status of an emission point 
has changed from Group 1 to Group 2, the owner or operator is required 
to continue to comply with the Group 1 requirements for that emission 
point. This notification may be submitted at any time.
    (3) Notification if one or more emission point(s) (other than 
equipment leaks) or one or more TPPU is added to an affected source. The 
owner or operator shall submit the information contained in paragraphs 
(e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this section:
    (i) A description of the addition to the affected source; and
    (ii) Notification of the group status of the additional emission 
point or all emission points in the TPPU.
    (4) For process wastewater streams sent for treatment pursuant to 
Sec.  63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of malfunctions.
    (iv) For each batch process vent with a batch mass input limitation, 
every second Periodic Report shall include the mass of HAP or material 
input to the batch unit operation during the 12-month period covered by 
the preceding and current Periodic Reports, and a statement of whether 
the batch process vent was in or out of compliance with the batch mass 
input limitation.
    (v) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (A) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (e)(5)(i)(B) 
of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information, 
pertaining to the performance test, that is requested on a case-by-case 
basis by the Administrator shall be submitted, but a complete test 
report is not required.
    (vi) Notification of a change in the primary product of a TPPU, in 
accordance with the provisions in Sec.  63.1310(f). This includes a 
change in primary product from one thermoplastic product to either 
another thermoplastic product or to a non-thermoplastic product.
    (vii) The results for each change made to a predominant use 
determination made under Sec.  63.1310(g) for a storage vessel that is 
assigned to an affected source subject to this subpart after the change.
    (viii) The Periodic Report shall include the results for each change 
made to a predominant use determination made under Sec.  63.1310(h) for 
recovery operations equipment assigned to an affected source subject to 
this subpart after the change.
    (ix) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Periodic Report or as 
part of the Notification of Compliance Status as specified in paragraph 
(e)(5)(xi) of this section.
    (x) An owner or operator electing not to retain daily average or 
batch cycle daily average values under paragraph

[[Page 387]]

(h)(2) of this section shall notify the Administrator as specified in 
paragraph (h)(2)(i) of this section.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) 
of this section.
    (A) The quarterly reports shall be submitted no later than 60 days 
after the end of each quarter. The first report shall be submitted with 
the Notification of Compliance Status no later than 150 days after the 
compliance date.
    (B) The quarterly reports shall include the information specified in 
paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section for 
all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the quarter;
    (2) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec.  63.1332(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec.  63.1332(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (e)(6)(v) of 
this section;
    (5) Reports of daily average (or batch cycle daily average) values 
of monitored parameters for excursions as defined in Sec.  63.1334(f);
    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and
    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec.  63.1332(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec.  63.1332.
    (xii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point or 
process section that is not included in an emissions average if:
    (1) A control or recovery device for a particular emission point or 
process section has one or more excursions, as defined in Sec.  
63.1334(f), in two consecutive semiannual reporting periods; or
    (2) The Administrator requests that the owner or operator submit 
quarterly reports for the emission point or process section.
    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable to 
the emission point or process section for which quarterly reporting is 
required under paragraph (e)(6)(xii)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 days after 
the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without one or more excursions occurring (during that 
year), the owner or operator may return to semiannual reporting for the 
emission point or process section.
    (xiii) For pressure relief devices in organic HAP service, Periodic 
Reports must include the information specified in paragraphs 
(e)(6)(xiii)(A) through (C) of this section.
    (A) For pressure relief devices in organic HAP service subject to 
Sec.  63.1331(a)(9), report confirmation that all monitoring to show 
compliance was conducted within the reporting period.
    (B) For pressure relief devices in organic HAP gas or vapor service 
subject

[[Page 388]]

to Sec.  63.1331(a)(9)(ii), report any instrument reading of 500 ppm 
above background or greater, more than 5 calendar days after the 
pressure release.
    (C) For pressure relief devices in organic HAP service subject to 
Sec.  63.1331(a)(9)(iii), report each pressure release to the 
atmosphere, including the following information:
    (1) The source, nature, and cause of the pressure release.
    (2) The date, time, and duration of the pressure release.
    (3) The quantity of total HAP emitted during the pressure release 
and the method used for determining this quantity.
    (4) The actions taken to prevent this pressure release.
    (5) The measures adopted to prevent future such pressure releases.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(iv) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec.  63.1314 shall be submitted as specified in Sec.  63.122 (h)(1) 
and (h)(2).
    (ii) For owners or operators of affected sources required to request 
approval for a nominal control efficiency for use in calculating credits 
for an emissions average, the information specified in Sec.  63.1332(i) 
shall be submitted as specified in paragraph (e)(7)(ii)(A) or (B) of 
this section, as appropriate.
    (A) If use of a nominal control efficiency is part of the initial 
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this 
section, the information shall be submitted with the Emissions Averaging 
Plan.
    (B) If an owner or operator elects to use a nominal control 
efficiency after submittal of the initial Emissions Averaging Plan as 
described in paragraph (e)(4)(ii) of this section, the information shall 
be submitted at the discretion of the owner or operator.
    (iii) When the conditions of Sec. Sec.  63.1310(f)(3)(iii), 
63.1310(f)(9), or 63.1310(f)(10)(iii) are met, reports of changes to the 
primary product for a TPPU or process unit as required by Sec. Sec.  
63.1310(f)(3)(iii), 63.1310(f)(9), or 63.1310(f)(10)(iii)(C), 
respectively, shall be submitted.
    (iv) Owners or operators of TPPU or emission points (other than 
equipment leak components subject to Sec.  63.1331) that are subject to 
Sec.  63.1310(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(iv)(A) and (B) of this section.
    (A) Reports shall include:
    (1) A description of the process change or addition, as appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec.  63.1310(i)(1) or (2); and
    (3) Identification of the group status of emission points (except 
equipment leak components subject to Sec.  63.1331) specified in 
paragraphs (e)(7)(iv)(A)(3)(i) through (e)(7)(iv)(A)(3)(iii) of this 
section, as applicable.
    (i) All the emission points in the added TPPU as described in Sec.  
63.1310(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec.  63.1310(i)(2)(i).
    (iii) All the added or created emission points as described in Sec.  
63.1310(i)(2)(ii) or (i)(2)(iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec.  63.1334(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(iv)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as 
appropriate.
    (1) Owners or operators of an added TPPU subject to Sec.  
63.1310(i)(1) shall submit a report no later than 180 days prior to the 
compliance date for the TPPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec.  63.1310(i)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners or operators of any emission point (other than equipment 
leak

[[Page 389]]

components subject to Sec.  63.1331) subject to Sec.  63.1310(i)(2)(ii) 
or (i)(2)(iii) shall submit a report no later than 180 days prior to the 
compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of an Emissions Averaging Plan 
or a Precompliance Report shall include the following information with 
the operating permit application:
    (i) The information specified in paragraph (e)(4) of this section 
for points included in an emissions average; and
    (ii) The information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (9) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2), the owner 
or operator must submit the results of the performance tests, including 
any associated fuel analyses, required by this subpart according to the 
methods specified in paragraphs (e)(9)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of the 
performance test to the EPA by direct computer-to-computer electronic 
transfer via EPA-provided software, unless otherwise approved by the 
Administrator. Owners or operators, who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI), must submit a complete file using EPA-
provided software that includes information claimed to be CBI on a 
compact disk, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic media must be clearly marked as CBI and 
mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA by direct 
computer-to-computer electronic transfer via EPA-provided software.
    (ii) For any performance test conducted using test methods that are 
not compatible with the EPA-provided software, the owner or operator 
shall submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec.  60.4.
    (f) Alternative monitoring parameters. The owner or operator who has 
been directed by any section of this subpart or any section of another 
subpart referenced by this subpart, that expressly referenced this 
paragraph (f) to set unique monitoring parameters, or who requests 
approval to monitor a different parameter than those specified in Sec.  
63.1314 for storage vessels, Sec.  63.1315 or Sec.  63.1317, as 
appropriate, for continuous process vents, Sec.  63.1321 for batch 
process vents and aggregate batch vent streams, or Sec.  63.1330 for 
process wastewater shall submit the information specified in paragraphs 
(f)(1) through (f)(3) of this section in the Precompliance Report, as 
required by paragraph (e)(3) of this section. The owner or operator 
shall retain for a period of 5 years each record required by paragraphs 
(f)(1) through (f)(3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, or pollution prevention measure is operated in conformance with 
its design and achieves the specified emission limit, percent reduction, 
or nominal efficiency, and an explanation of the criteria used to select 
the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e)(5) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:

[[Page 390]]

    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner or 
operator choosing not to implement the provisions listed in Sec.  
63.1315 or Sec.  63.1317, as appropriate, for continuous process vents, 
Sec.  63.1321 for batch process vents and aggregate batch vent streams, 
or Sec.  63.1330 for process wastewater, may instead request approval to 
use alternative continuous monitoring and recordkeeping provisions 
according to the procedures specified in paragraphs (g)(1) through 
(g)(4) of this section. Requests shall be submitted in the Precompliance 
Report as specified in paragraph (e)(3)(iv) of this section, if not 
already included in the operating permit application, and shall contain 
the information specified in paragraphs (g)(2)(ii) and (g)(3)(ii) of 
this section, as applicable.
    (1) The provisions in Sec.  63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once every 15 minutes and that does not generate 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring, in accordance with paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average (or batch cycle daily average) values shall 
be calculated from these hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability of 
the specific process and control or recovery device operating parameter 
being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency, but records all values 
that meet set criteria for variation from previously recorded values, in 
accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once during every 
15 minute period;
    (B) Except for the monitoring of batch process vents, calculate 
hourly average values each hour during periods of operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average (or batch cycle daily average) values of 
the monitored operating parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in Sec.  
63.1334(f), the data for that operating day may be converted to hourly 
average values and the four or more individual records for each hour in 
the operating day may be discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.

[[Page 391]]

    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec.  63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of 
this section as alternatives to the continuous operating parameter 
monitoring and recordkeeping provisions that would otherwise apply under 
this subpart. The owner or operator shall retain for a period of 5 years 
each record required by paragraph (h)(1) or (h)(2) of this section, 
except as otherwise provided in paragraph (h)(1)(vi)(D) of this section.
    (1) The owner or operator may retain only the daily average (or 
batch cycle daily average) value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored parameter 
with respect to an item of equipment, if the requirements of paragraphs 
(h)(1)(i) through (h)(1)(vi) of this section are met. An owner or 
operator electing to comply with the requirements of paragraph (h)(1) of 
this section shall notify the Administrator in the Notification of 
Compliance Status as specified in paragraph (e)(5)(xi) of this section 
or, if the Notification of Compliance Status has already been submitted, 
in the Periodic Report immediately preceding implementation of the 
requirements of paragraph (h)(1) of this section as specified in 
paragraph (e)(6)(ix) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation (e.g., a temperature reading 
of -200 [deg]C on a boiler), and will alert the operator by alarm or 
other means. All instances of the alarm or other alert in an operating 
day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this running average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an 
operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits; and
    (B) The running average is based on at least six 1-hour average 
values.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation, except in circumstances where the presence 
of unchanging data is the expected operating condition based on past 
experience (e.g., pH in some scrubbers), and will alert the operator by 
alarm or other means. All instances of the alarm or other alert in an 
operating day constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (h)(1) of this section, at the times specified in 
paragraphs (h)(1)(v)(A) through (h)(1)(v)(C). The owner or operator 
shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and of how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i)

[[Page 392]]

through (h)(1)(v) of this section. The description shall identify the 
location and format (e.g., on-line storage, log entries) for each 
required record. If the description changes, the owner or operator shall 
retain both the current and the most recent superseded description, as 
provided in paragraph (a) of this section, except as provided in 
paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to impair its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current. The current description shall, at 
all times, be retained on-site or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain all superseded descriptions 
for at least 5 years after the date of their creation. Superseded 
descriptions shall be retained on-site (or accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request) for at least 6 months after their creation. Thereafter, 
superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average (or batch cycle daily average) 
value for any operating day when the daily average (or batch cycle daily 
average) value is less than the maximum or greater than the minimum 
established limit. With approval by the Administrator, monitoring data 
generated prior to the compliance date of this subpart shall be credited 
toward the period of 6 consecutive months, if the parameter limit and 
the monitoring accomplished during the period prior to the compliance 
date was required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
(or batch cycle daily average) values, the owner or operator shall 
notify the Administrator in the next Periodic Report as specified in 
paragraph (e)(6)(x) of this section. The notification shall identify the 
parameter and unit of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily average (or batch cycle daily average) values as 
provided in paragraph (h)(2) of this section, there is an excursion as 
defined in paragraph (h)(2)(iv) of this section, the owner or operator 
shall immediately resume retaining the daily average (or batch cycle 
daily average) value for each operating day and shall notify the 
Administrator in the next Periodic Report. The owner or operator shall 
continue to retain each daily average (or batch cycle daily average) 
value until another period of 6 consecutive months has passed without an 
excursion as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (iii) of this section, for the duration 
specified in this paragraph (h). For any calendar week, if compliance 
with paragraphs (h)(1)(i) through (iv) of this section does not result 
in retention of a record of at least one occurrence or measured 
parameter value, the owner or operator shall record and retain at least 
one parameter value during a period of operation.
    (iv) For purposes of paragraph (h) of this section, an excursion 
means that the daily average (or batch cycle daily average) value of 
monitoring data for a parameter is greater than the maximum, or less 
than the minimum established value.

[61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11553, Mar. 9, 1999; 
65 FR 38131, June 19, 2000; 66 FR 36939, July 16, 2001; 71 FR 20460, 
Apr. 20, 2006; 79 FR 17368, Mar. 27, 2014]



Sec.  63.1336  Implementation and enforcement.

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

[[Page 393]]

authority to a State, local, or Tribal agency, then that agency, in 
addition to the U.S. EPA, has the authority to implement and enforce 
this subpart. Contact the applicable U.S. EPA Regional Office to find 
out if this subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1310 through 63.1311, 63.1313 through 63.1315(a)(1) through (9), (11) 
through (18), (b) through (e), 63.1316, 63.1321 through 63.1322, 
63.1323(a), (b)(1) through (4), (b)(5)(iv) through (v), (b)(6) through 
(7), (c) through (j), and 63.1328 through 63.1332. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37357, June 23, 2003]



    Sec. Table 1 to Subpart JJJ of Part 63--Applicability of general 
               provisions to subpart JJJ affected sources

----------------------------------------------------------------------------------------------------------------
                 Reference                     Applies to Subpart JJJ                  Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)..........................  Yes......................  Sec.   63.1312 specifies definitions in
                                                                         addition to or that supersede
                                                                         definitions in Sec.   63.2.
Sec.   63.1(a)(2)..........................  Yes......................
Sec.   63.1(a)(3)..........................  Yes......................  Sec.   63.1311(g) through (l) and Sec.
                                                                         63.160(b) identify those standards
                                                                         which may apply in addition to the
                                                                         requirements of subparts JJJ and H of
                                                                         this part, and specify how compliance
                                                                         shall be achieved.
Sec.   63.1(a)(4)..........................  Yes......................  Subpart JJJ (this table) specifies the
                                                                         applicability of each paragraph in
                                                                         subpart A to subpart JJJ.
Sec.   63.1(a)(5)..........................  No.......................  [Reserved].
Sec.   63.1(a)(6)..........................  Yes......................
Sec.   63.1(a)(7)-(9)......................  No.......................  [Reserved].
Sec.   63.1(a)(10).........................  Yes......................
Sec.   63.1(a)(11).........................  Yes......................
Sec.   63.1(a)(12)-(14)....................  Yes......................
Sec.   63.1(b)(1)..........................  No.......................  Sec.   63.1310(a) contains specific
                                                                         applicability criteria.
Sec.   63.1(b)(2)..........................  Yes......................
Sec.   63.1(b)(3)..........................  No.......................  Sec.   63.1310(b) provides documentation
                                                                         requirements for TPPUs not considered
                                                                         affected sources.
Sec.   63.1(c)(1)..........................  Yes......................  Subpart JJJ (this table) specifies the
                                                                         applicability of each paragraph in
                                                                         subpart A to subpart JJJ.
Sec.   63.1(c)(2)..........................  No.......................  Area sources are not subject to subpart
                                                                         JJJ.
Sec.   63.1(c)(3)..........................  No.......................  [Reserved].
Sec.   63.1(c)(4)..........................  No.......................  [Reserved].
Sec.   63.1(c)(5)..........................  Yes......................  Except that affected sources are not
                                                                         required to submit notifications that
                                                                         are not required by subpart JJJ.
Sec.   63.1(c)(6)..........................  Yes......................
Sec.   63.1(d).............................  No.......................  [Reserved].
Sec.   63.1(e).............................  Yes......................
Sec.   63.2................................  Yes......................  Sec.   63.1312 specifies those subpart A
                                                                         definitions that apply to subpart JJJ.
Sec.   63.3................................  Yes......................
Sec.   63.4(a)(1)-(3)......................  Yes......................

[[Page 394]]

 
Sec.   63.4(a)(4)..........................  No.......................  [Reserved].
Sec.   63.4(a)(5)..........................  Yes......................
Sec.   63.4(b).............................  Yes......................
Sec.   63.4(c).............................  Yes......................
Sec.   63.5(a)(1)..........................  Yes......................  Except the terms ``source'' and
                                                                         ``stationary source'' should be
                                                                         interpreted as having the same meaning
                                                                         as ``affected source.''
Sec.   63.5(a)(2)..........................  Yes......................
Sec.   63.5(b)(1)..........................  Yes......................  Except Sec.   63.1310(i) defines when
                                                                         construction or reconstruction is
                                                                         subject to new source standards.
Sec.   63.5(b)(2)..........................  No.......................  [Reserved].
Sec.   63.5(b)(3)..........................  Yes......................
Sec.   63.5(b)(4)..........................  Yes......................  Except that the Initial Notification and
                                                                         Sec.   63.9(b) requirements do not
                                                                         apply.
Sec.   63.5(b)(5)..........................  Yes......................
Sec.   63.5(b)(6)..........................  Yes......................  Except that Sec.   63.1310(i) defines
                                                                         when construction or reconstruction is
                                                                         subject to new source standards.
Sec.   63.5(c).............................  No.......................  [Reserved]
Sec.   63.5(d)(1)(i).......................  Yes......................  Except that the references to the
                                                                         Initial Notification and Sec.
                                                                         63.9(b)(5) do not apply.
Sec.   63.5(d)(1)(ii)......................  Yes......................  Except that Sec.   63.5(d)(1)(ii)(H)
                                                                         does not apply.
Sec.   63.5(d)(1)(iii).....................  No.......................  Sec.  Sec.   63.1335(e)(5) and
                                                                         63.1331(a)(4) specify Notification of
                                                                         Compliance Status requirements.
Sec.   63.5(d)(2)..........................  No.......................
Sec.   63.5(d)(3)..........................  Yes......................  Except Sec.   63.5(d)(3)(ii) does not
                                                                         apply, and equipment leaks subject to
                                                                         Sec.   63.1331 are exempt.
Sec.   63.5(d)(4)..........................  Yes......................
Sec.   63.5(e).............................  Yes......................
Sec.   63.5(f)(1)..........................  Yes......................
Sec.   63.5(f)(2)..........................  Yes......................  Except that where Sec.   63.9(b)(2) is
                                                                         referred to, the owner or operator need
                                                                         not comply.
Sec.   63.6(a).............................  Yes......................
Sec.   63.6(b)(1)..........................  No.......................  The dates specified in Sec.   63.1311(b)
                                                                         apply, instead.
Sec.   63.6(b)(2)..........................  No.......................
Sec.   63.6(b)(3)..........................  No.......................
Sec.   63.6(b)(4)..........................  No.......................
Sec.   63.6(b)(5)..........................  No.......................
Sec.   63.6(b)(6)..........................  No.......................  [Reserved]
Sec.   63.6(b)(7)..........................  No.......................
Sec.   63.6(c)(1)..........................  Yes......................  Except that Sec.   63.1311 specifies the
                                                                         compliance date.
Sec.   63.6(c)(2)..........................  No.......................
Sec.   63.6(c)(3)..........................  No.......................  [Reserved]
Sec.   63.6(c)(4)..........................  No.......................  [Reserved]
Sec.   63.6(c)(5)..........................  Yes......................
Sec.   63.6(d).............................  No.......................  [Reserved]
Sec.   63.6(e).............................  Yes......................  Except as otherwise specified for
                                                                         individual paragraphs.
Sec.   63.6(e)(1)(i).......................  No.......................  See Sec.   63.1310(j)(4) for general
                                                                         duty requirement.
Sec.   63.6(e)(1)(ii)......................  No.......................
Sec.   63.6(e)(1)(iii).....................  Yes......................
Sec.   63.6(e)(2)..........................  Yes......................
Sec.   63.6(e)(3)..........................  No.......................
Sec.   63.6(f)(1)..........................  No.......................
Sec.   63.6(f)(2)..........................  Yes......................  Except Sec.   63.7(c), as referred to in
                                                                         Sec.   63.6(f)(2)(iii)(D), does not
                                                                         apply, and except that Sec.
                                                                         63.6(f)(2)(ii) does not apply to
                                                                         equipment leaks subject to Sec.
                                                                         63.1331.
Sec.   63.6(f)(3)..........................  Yes......................
Sec.   63.6(g).............................  Yes......................
Sec.   63.6(h).............................  No.......................  Subpart JJJ does not require opacity and
                                                                         visible emission standards.
Sec.   63.6(i)(1)..........................  Yes......................
Sec.   63.6(i)(2)..........................  Yes......................
Sec.   63.6(i)(3)..........................  Yes......................
Sec.   63.6(i)(4)(i)(A)....................  Yes......................
Sec.   63.6(i)(4)(i)(B)....................  No.......................  Dates are specified in Sec.   63.1311(e)
                                                                         and Sec.   63.1335(e)(3)(i).
Sec.   63.6(i)(4)(ii)......................  No.......................
Sec.   63.6(i)(5)-(14).....................  Yes......................
Sec.   63.6(i)(15).........................  No.......................  [Reserved].
Sec.   63.6(i)(16).........................  Yes......................
Sec.   63.6(j).............................  Yes......................
Sec.   63.7(a)(1)..........................  Yes......................
Sec.   63.7(a)(2)..........................  No.......................  Sec.   63.1335(e)(5) specifies the
                                                                         submittal dates of performance test
                                                                         results for all emission points except
                                                                         equipment leaks; for equipment leaks,
                                                                         compliance demonstration results are
                                                                         reported in the Periodic Reports.

[[Page 395]]

 
Sec.   63.7(a)(3)..........................  Yes......................
Sec.   63.7(b).............................  No.......................  Sec.   63.1333(a)(4) specifies
                                                                         notification requirements.
Sec.   63.7(c).............................  No.......................
Sec.   63.7(d).............................  Yes......................
Sec.   63.7(e)(1)..........................  No.......................  See Sec.   63.1333(a).
Sec.   63.7(e)(2)..........................  Yes......................
Sec.   63.7(e)(3)..........................  No.......................  Subpart JJJ specifies requirements.
Sec.   63.7(e)(4)..........................  Yes......................
Sec.   63.7(f).............................  Yes......................  Except that Sec.   63.144(b)(5)(iii)(A)
                                                                         and (B) shall apply for process
                                                                         wastewater. Also, because a site
                                                                         specific test plan is not required, the
                                                                         notification deadline in Sec.
                                                                         63.7(f)(2)(i) shall be 60 days prior to
                                                                         the performance test, and in Sec.
                                                                         63.7(f)(3), approval or disapproval of
                                                                         the alternative test method shall not
                                                                         be tied to the site specific test plan.
Sec.   63.7(g).............................  Yes......................  Except that the requirements in Sec.
                                                                         63.1335(e)(5) shall apply instead of
                                                                         references to the Notification of
                                                                         Compliance Status report in Sec.
                                                                         63.9(h). In addition, equipment leaks
                                                                         subject to Sec.   63.1331 are not
                                                                         required to conduct performance tests.
Sec.   63.7(h).............................  Yes......................  Except Sec.   63.7(h)(4)(ii) is not
                                                                         applicable, because the site-specific
                                                                         test plans in Sec.   63.7(c)(2) are not
                                                                         required.
Sec.   63.8(a)(1)..........................  Yes......................
Sec.   63.8(a)(2)..........................  No.......................
Sec.   63.8(a)(3)..........................  No.......................  [Reserved]
Sec.   63.8(a)(4)..........................  Yes......................
Sec.   63.8(b)(1)..........................  Yes......................
Sec.   63.8(b)(2)..........................  No.......................  Subpart JJJ specifies locations to
                                                                         conduct monitoring.
Sec.   63.8(b)(3)..........................  Yes......................
Sec.   63.8(c)(1)..........................  Yes......................
Sec.   63.8(c)(1)(i).......................  No.......................
Sec.   63.8(c)(1)(ii)......................  No.......................
Sec.   63.8(c)(1)(iii).....................  No.......................
Sec.   63.8(c)(2)..........................  Yes......................
Sec.   63.8(c)(3)..........................  Yes......................
Sec.   63.8(c)(4)..........................  No.......................  Sec.   63.1334 specifies monitoring
                                                                         frequency; not applicable to equipment
                                                                         leaks because Sec.   63.1331 does not
                                                                         require continuous monitoring systems.
Sec.   63.8(c)(5)-(8)......................  No.
Sec.   63.8(d).............................  No.
Sec.   63.8(e).............................  No.
Sec.   63.8(f)(1)-(3)......................  Yes.
Sec.   63.8(f)(4)(i).......................  No.......................  Timeframe for submitting request is
                                                                         specified in Sec.   63.1335(f) or (g);
                                                                         not applicable to equipment leaks
                                                                         because Sec.   63.1331 (through
                                                                         reference to subpart H) specifies
                                                                         acceptable alternative methods.
Sec.   63.8(f)(4)(ii)......................  No.......................  Contents of requests are specified in
                                                                         Sec.   63.1335(f) or (g).
Sec.   63.8(f)(4)(iii).....................  No.
Sec.   63.8(f)(5)(i).......................  Yes.
Sec.   63.8(f)(5)(ii)......................  No.
Sec.   63.8(f)(5)(iii).....................  Yes.
Sec.   63.8(f)(6)..........................  No.......................  Subpart JJJ does not require continuous
                                                                         emission monitors.
Sec.   63.8(g).............................  No.......................  Data reduction procedures specified in
                                                                         Sec.   63.1335(d) and (h); not
                                                                         applicable to equipment leaks.
Sec.   63.9(a).............................  Yes.
Sec.   63.9(b).............................  No.......................  Subpart JJJ does not require an initial
                                                                         notification.
Sec.   63.9(c).............................  Yes.
Sec.   63.9(d).............................  Yes.
Sec.   63.9(e).............................  No.......................  Sec.   63.1333(a)(4) specifies
                                                                         notification deadline.
Sec.   63.9(f).............................  No.......................  Subpart JJJ does not require opacity and
                                                                         visible emission standards.
Sec.   63.9(g).............................  No.
Sec.   63.9(h).............................  No.......................  Sec.   63.1335(e)(5) specifies
                                                                         Notification of Compliance Status
                                                                         requirements.
Sec.   63.9(i).............................  Yes.
Sec.   63.9(j).............................  Yes......................  For change in major source status only.
Sec.   63.9(k).............................  Yes......................  Only as specified in Sec.   63.9(j).
Sec.   63.10(a)............................  Yes.
Sec.   63.10(b)(1).........................  No.......................  Sec.   63.1335(a) specifies record
                                                                         retention requirements.
Sec.   63.10(b)(2).........................  No.......................  Subpart JJJ specifies recordkeeping
                                                                         requirements.
Sec.   63.10(b)(3).........................  No.......................  Sec.   63.1310(b) requires documentation
                                                                         of sources that are not affected
                                                                         sources.
Sec.   63.10(c)............................  No.......................  Sec.   63.1335 specifies recordkeeping
                                                                         requirements.
Sec.   63.10(d)(1).........................  Yes.
Sec.   63.10(d)(2).........................  No.......................  Sec.   63.1335(e) specifies performance
                                                                         test reporting requirements; not
                                                                         applicable to equipment leaks.

[[Page 396]]

 
Sec.   63.10(d)(3).........................  No.......................  Subpart JJJ does not require opacity and
                                                                         visible emission standards.
Sec.   63.10(d)(4).........................  Yes.
Sec.   63.10(d)(5).........................  No.......................  See Sec.   63.1335(b)(1)(ii) for
                                                                         malfunction reporting requirements.
Sec.   63.10(e)............................  No.......................  Sec.   63.1335 specifies reporting
                                                                         requirements.
Sec.   63.10(f)............................  Yes.
Sec.   63.11...............................  Yes......................  Sec.   63.11(b) specifies requirements
                                                                         for flares used to comply with
                                                                         provisions of this subpart. Sec.
                                                                         63.1333(e) contains the requirements to
                                                                         conduct compliance demonstrations for
                                                                         flares subject to this subpart. Sec.
                                                                         63.11(c), (d), and (e) specifies
                                                                         requirements for an alternative work
                                                                         practice for equipment leaks.
Sec.   63.12...............................  Yes......................  Except that the authority of Sec.
                                                                         63.1332(i) and the authority of Sec.
                                                                         63.177 (for equipment leaks) shall not
                                                                         be delegated to States.
Sec.  Sec.   63.13-63.15...................  Yes.
----------------------------------------------------------------------------------------------------------------


[66 FR 36939, July 16, 2001, as amended at 71 FR 20460, Apr. 20, 2006; 
73 FR 78214, Dec. 22, 2008; 79 FR 17371, Mar. 27, 2014; 85 FR 73898, 
Nov. 19, 2020]



   Sec. Table 2 to Subpart JJJ of Part 63--Group 1 Storage Vessels at 
                        Existing Affected Sources

------------------------------------------------------------------------
                                                          Vapor pressure
             Vessel capacity (cubic meters)                     \a\
                                                           (kilopascals)
------------------------------------------------------------------------
75<=capacity 151........................................  =13
                                                                      .1
151<=capacity...........................................  =5.
                                                                      2
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.


[65 FR 38142, June 19, 2000]



   Sec. Table 3 to Subpart JJJ of Part 63--Group 1 Storage Vessels at 
      Existing Affected Sources Producing the Listed Thermoplastics

----------------------------------------------------------------------------------------------------------------
                                                                                                  Vapor pressure
           Thermoplastic                     Chemical \a\         Vessel capacity (cubic meters)        \b\
                                                                                                   (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN \c\......................  styrene/acrylonitrile        =3.78..............  =0.
                                      mixture.                                                                47
                                     acrylonitrile..............  =75.7..............  =1.
                                                                                                              62
Polystyrene, continuous processes..  all chemicals..............  <75.7.........................  =14
                                                                                                              .2
                                                                  =75.7..............
                                                                                                  =1.
                                                                                                               9
Nitrile\c\.........................  acrylonitrile..............  =13.25.............  =1.
                                                                                                               8
----------------------------------------------------------------------------------------------------------------
\a\ Vessel capacity and vapor pressure criteria are specific to the listed chemical or to ``all chemicals,'' as
  indicated.
\b\ Maximum true vapor pressure of total organic HAP at storage temperature.
\c\ The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in
  this table (i.e., Table 3).


[64 FR 11553, Mar. 9, 1999]



 Sec. Table 4 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New 
                            Affected Sources

------------------------------------------------------------------------
                                                          Vapor pressure
             Vessel capacity (cubic meters)                     \a\
                                                           (kilopascals)
------------------------------------------------------------------------
38 <=capacity <151......................................  =13
                                                                      .1
151 <=capacity..........................................  =0.
                                                                      7
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



 Sec. Table 5 to Subpart JJJ of Part 63--Group 1 Storage Vessels at New 
          Affected Sources Producing the Listed Thermoplastics

----------------------------------------------------------------------------------------------------------------
                                                           Vessel capacity (cubic         Vapor pressure \b\
          Thermoplastic                Chemical \a\               meters)                   (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN \c\....................  Styrene/             =3.78...........  =0.47
                                    acrylonitrile
                                    mixture.

[[Page 397]]

 
                                   Acrylonitrile......  =75.7...........  =1.62
SAN, continuous \d\..............  All chemicals......  =2,271..........  =0.5 and <0.7
                                                        <151.......................  =10
                                                        =151............  =0.7
Nitrile \c\......................  Acrylonitrile......  =13.25..........  =1.8
Polystyrene, continuous processes  All chemicals......  =19.6 and <45.4.  =7.48
                                                        =45.4 and <109.8  =0.61
                                                        =109.8..........  =0.53
ABS, continuous mass.............  Styrene............  =45.43..........  =0.078
                                   All other chemicals  =38 and <45.43..  =13.1
                                                        =45.43..........  =0.53
----------------------------------------------------------------------------------------------------------------
\a\ Vessel capacity and vapor pressure criteria are specific to the listed chemical, to ``all chemicals,'' or to
  ``all other chemicals,'' as indicated.
\b\ Maximum true vapor pressure of total organic HAP at storage temperature.
\c\ The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in
  this table (i.e., Table 5).
\d\ The control level for the first two sets of applicability criteria are specified in 63.1314 as 90% and 98%,
  respectively. The control level for the third set of applicability criteria is the HON control level of 95%.


[64 FR 11553, Mar. 9, 1999]



 Sec. Table 6 to Subpart JJJ of Part 63--Known Organic HAP Emitted From 
                the Production of Thermoplastic Products

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Organic HAP/chemical name (CAS No.)
                                                 -------------------------------------------------------------------------------------------------------
                                                                                                                                   Methyl
        Thermoplastic product/Subcategory            Acet-       Acrylo-     1,3 Buta-   1,4-Dioxane    Ethylene     Methanol      metha-      Styrene
                                                    aldehyde     nitrile    diene (106-   (123-91-1)  Glycol (107-  (67-56-1)   crylate (80-  (100-42-5)
                                                   (75-07-0)    (107-13-1)     99-0)                     21-1)                     62-6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex.......................................  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
ABS using a batch emulsion process..............  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
ABS using a batch suspension process............  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
ABS using a continuous emulsion process.........  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
ABS using a continuous mass process.............  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
ASA/AMSAN.......................................  ...........    [bcheck]   ...........  ...........  ...........  ...........  ...........    [bcheck]
EPS.............................................  ...........  ...........  ...........  ...........  ...........  ...........  ...........    [bcheck]
MABS............................................  ...........    [bcheck]     [bcheck]   ...........  ...........  ...........  ...........    [bcheck]
MBS.............................................  ...........  ...........    [bcheck]   ...........  ...........  ...........    [bcheck]     [bcheck]
Nitrile resin...................................  ...........    [bcheck]
PET using a batch dimethyl terephthalate process    [bcheck]   ...........  ...........    [bcheck]     [bcheck]     [bcheck]
PET using a batch terephthalic acid process.....    [bcheck]   ...........  ...........    [bcheck]     [bcheck]
PET using a continuous dimethyl terephthalate       [bcheck]   ...........  ...........    [bcheck]     [bcheck]     [bcheck]
 process........................................
PET using a continuous terephthalic acid process    [bcheck]   ...........  ...........    [bcheck]     [bcheck]
PET using a continuous terephthalic acid high       [bcheck]   ...........  ...........    [bcheck]     [bcheck]
 viscosity multiple end finisher process........
Polystyrene resin using a batch process.........  ...........  ...........  ...........  ...........  ...........  ...........  ...........    [bcheck]

[[Page 398]]

 
Polystyrene resin using a continuous process....  ...........  ...........  ...........  ...........  ...........  ...........  ...........    [bcheck]
SAN using a batch process.......................  ...........    [bcheck]   ...........  ...........  ...........  ...........  ...........    [bcheck]
SAN using a continuous process..................  ...........    [bcheck]   ...........  ...........  ...........  ...........  ...........    [bcheck]
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
ABS = Acrylonitrile butadiene styrene resin.
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.
EPS = expandable polystyrene resin.
MABS = methyl methacrylate acrylonitrile butadiene styrene resin.
PET = poly(ethylene terephthalate) resin.
SAN = styrene acrylonitrile resin.
MBS = methyl methacrylate butadiene styrene resin.


[66 FR 36942, July 16, 2001]



Sec. Table 7 to Subpart JJJ of Part 63--Group 1 Batch Process Vents and 
 Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and Reporting 
                              Requirements

------------------------------------------------------------------------
                                                       Recordkeeping and
                                                           reporting
         Control device            Parameters to be    requirements for
                                       monitored           monitored
                                                          parameters
------------------------------------------------------------------------
Thermal incinerator.............  Firebox             1. Continuous
                                   temperature \a\.    records as
                                                       specified in Sec.
                                                         63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       average firebox
                                                       temperature
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average firebox
                                                       temperature as
                                                       specified in Sec.
                                                         63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average
                                                       temperatures that
                                                       are below the
                                                       minimum operating
                                                       value established
                                                       in the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
Catalytic incinerator...........  Temperature         1. Continuous
                                   upstream and        records as
                                   downstream of the   specified in Sec.
                                   catalyst bed.         63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       average upstream
                                                       and bed
                                                       downstream
                                                       temperatures and
                                                       the average
                                                       temperature
                                                       difference across
                                                       the catalyst bed
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average upstream
                                                       temperature and
                                                       temperature
                                                       difference across
                                                       catalyst bed as
                                                       specified in Sec.
                                                         63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average upstream
                                                       temperatures that
                                                       are below the
                                                       minimum upstream
                                                       value established
                                                       in the NCS or
                                                       operating permit--
                                                       PR. \d e\
                                                      5. Report all
                                                       batch cycle daily
                                                       average
                                                       temperature
                                                       differences
                                                       across the
                                                       catalyst bed that
                                                       are below the
                                                       minimum
                                                       difference
                                                       established in
                                                       the NCS or
                                                       operating permit--
                                                       PR. \d e\
                                                      6. Report all
                                                       instances when
                                                       monitoring data
                                                       are not
                                                       collected. \e\
Boiler or Process Heater with a   Firebox             1. Continuous
 design heat input capacity less   temperature \a\.    records as
 than 44 megawatts and where the                       specified in Sec.
 batch process vents or                                  63.1326(e)(1).
 aggregate batch vent streams                          \b\
 are not introduced with or used                      2. Record and
 as the primary fuel.                                  report the
                                                       average firebox
                                                       temperature
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average firebox
                                                       temperature as
                                                       specified in Sec.
                                                         63.1326(e)(2).
                                                       \d\
                                                      4. Report all
                                                       batch cycle daily
                                                       average
                                                       temperatures that
                                                       are below the
                                                       minimum operating
                                                       value established
                                                       in the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\

[[Page 399]]

 
Flare...........................  Presence of a       1. Hourly records
                                   flame at the        of whether the
                                   pilot light.        monitor was
                                                       continuously
                                                       operating during
                                                       batch emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control and
                                                       whether a flame
                                                       was continuously
                                                       present at the
                                                       pilot light
                                                       during said
                                                       periods.
                                                      2. Record and
                                                       report the
                                                       presence of a
                                                       flame at the
                                                       pilot light over
                                                       the full period
                                                       of the compliance
                                                       determination--NC
                                                       S. \c\
                                                      3. Record the
                                                       times and
                                                       durations of all
                                                       periods during
                                                       batch emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control when all
                                                       flames at the
                                                       pilot light of a
                                                       flare are absent
                                                       or the monitor is
                                                       not operating.
                                                      4. Report the
                                                       times and
                                                       durations of all
                                                       periods during
                                                       batch emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control when all
                                                       flames at the
                                                       pilot light of a
                                                       flare are absent--
                                                       PR. \d\
Scrubber for halogenated batch    a. pH of scrubber   1. Continuous
 process vents or aggregate        effluent, and.      records as
 batch vent strreams (Note:                            specified in Sec.
 Controlled by a combustion                              63.1326(e)(1).
 device other than a flare).                           \b\
                                                      2. Record and
                                                       report the
                                                       average pH of the
                                                       scrubber effluent
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average pH of the
                                                       scrubber effluent
                                                       as specified in
                                                       Sec.
                                                       63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average pH values
                                                       of the scrubber
                                                       effluent that are
                                                       below the minimum
                                                       operating value
                                                       established in
                                                       the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
                                  b. Scrubber liquid  1. Records as
                                   and gas flow        specified in Sec.
                                   rates.                63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       scrubber liquid/
                                                       gas ratio
                                                       averaged over the
                                                       full period of
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average scrubber
                                                       liquid/gas ratio
                                                       as specified in
                                                       Sec.
                                                       63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average scrubber
                                                       liquid/gas ratios
                                                       that are below
                                                       the minimum value
                                                       established in
                                                       the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
Absorber \f\....................  a. Exit             1. Continuous
                                   temperature of      records as
                                   the absorbing       specified in Sec.
                                   liquid, and.          63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       average exit
                                                       temperature of
                                                       the absorbing
                                                       liquid measured
                                                       during the
                                                       performance test--
                                                       NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average exit
                                                       temperature of
                                                       the absorbing
                                                       liquid as
                                                       specified in Sec.
                                                         63.1326(e)(2)
                                                       for each batch
                                                       cycle.
                                                      4. Report all the
                                                       batch cycle daily
                                                       average exit
                                                       temperatures of
                                                       the absorbing
                                                       liquid that are
                                                       above the maximum
                                                       operating value
                                                       established in
                                                       the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
                                  b. Exit specific    1. Continuous
                                   gravity for the     records as
                                   absorbing liquid.   specified in Sec.
                                                         63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       average exit
                                                       specific gravity
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average exit
                                                       specific gravity
                                                       as specified in
                                                       Sec.
                                                       63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average exit
                                                       specific gravity
                                                       values that are
                                                       above the maximum
                                                       operating value
                                                       established in
                                                       the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
Condenser \f\...................  Exit (product       1. Continuous
                                   side) temperature.  records as
                                                       specified in Sec.
                                                         63.1326(e)(1).
                                                       \b\
                                                      2. Record and
                                                       report the
                                                       average exit
                                                       temperature
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average exit
                                                       temperature as
                                                       specified in Sec.
                                                         63.1326(e)(2).

[[Page 400]]

 
                                                      4. Report all
                                                       batch cycle daily
                                                       average exit
                                                       temperatures that
                                                       are above the
                                                       maximum operating
                                                       value established
                                                       in the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
Carbon Adsorber \f\.............  a. Total            1. Record the
                                   regeneration        total
                                   steam flow or       regeneration
                                   nitrogen flow, or   steam flow or
                                   pressure (gauge     nitrogen flow, or
                                   or absolute)        pressure for each
                                   during carbon bed   carbon bed
                                   regeneration        regeneration
                                   cycle(s), and.      cycle.
                                                      2. Record and
                                                       report the total
                                                       regeneration
                                                       steam flow or
                                                       nitrogen flow, or
                                                       pressure during
                                                       carbon bed
                                                       regeneration
                                                       cycle measured
                                                       during the
                                                       performance test--
                                                       NCS. \c\
                                                      3. Report all
                                                       carbon bed
                                                       regeneration
                                                       cycles when the
                                                       total
                                                       regeneration
                                                       steam flow or
                                                       nitrogen flow, or
                                                       pressure is above
                                                       the maximum value
                                                       established in
                                                       the NCS or
                                                       operating permit--
                                                       PR. \d e\
                                  b. Temperature of   1. Record the
                                   the carbon bed      temperature of
                                   after               the carbon bed
                                   regeneration and    after each
                                   within 15 minutes   regeneration and
                                   of completing any   within 15 minutes
                                   cooling cycle(s).   of completing any
                                                       cooling cycle(s).
                                                      2. Record and
                                                       report the
                                                       temperature of
                                                       the carbon bed
                                                       after each
                                                       regeneration and
                                                       within 15 minutes
                                                       of completing any
                                                       cooling cycle(s)
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Report all
                                                       carbon bed
                                                       regeneration
                                                       cycles when the
                                                       temperature of
                                                       the carbon bed
                                                       after
                                                       regeneration, or
                                                       within 15 minutes
                                                       of completing any
                                                       cooling cycle(s),
                                                       is above the
                                                       maximum value
                                                       established in
                                                       the NCS or
                                                       operating permit--
                                                       PR. \d e\
All control devices.............  a. Diversion to     1. Hourly records
                                   the atmosphere      of whether the
                                   from the control    flow indicator
                                   device or.          was operating
                                                       during batch
                                                       emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control and
                                                       whether a
                                                       diversion was
                                                       detected at any
                                                       time during said
                                                       periods as
                                                       specified in Sec.
                                                         63.1326(e)(3).
                                                      2. Record and
                                                       report the times
                                                       of all periods
                                                       during batch
                                                       emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control when
                                                       emissions are
                                                       diverted through
                                                       a bypass line or
                                                       the flow
                                                       indicator is not
                                                       operating--PR.
                                                       \d\
                                  b. Monthly          1. Records that
                                   inspection of       monthly
                                   sealed valves..     inspections were
                                                       performed as
                                                       specified in Sec.
 
                                                       63.1326(e)(4)(i).
                                                      2. Record and
                                                       report all
                                                       monthly
                                                       inspections that
                                                       show the valves
                                                       are in the
                                                       diverting
                                                       position or that
                                                       a seal has been
                                                       broken--PR. \d\
Absorber, condenser, and carbon   Concentration       1. Continuous
 Adsorber (as an alternative to    level or reading    records as
 the requirements previously       indicated by an     specified in Sec.
 presented in this table).         organic               63.1326(e)(1).
                                   monitoring device   \b\
                                   at the outlet of   2. Record and
                                   the control         report the
                                   device.             average batch
                                                       vent
                                                       concentration
                                                       level or reading
                                                       measured during
                                                       the performance
                                                       test--NCS. \c\
                                                      3. Record the
                                                       batch cycle daily
                                                       average
                                                       concentration
                                                       level or reading
                                                       as specified Sec.
                                                         63.1326(e)(2).
                                                      4. Report all
                                                       batch cycle daily
                                                       average
                                                       concentration
                                                       levels or
                                                       readings that are
                                                       above the maximum
                                                       value established
                                                       in the NCS or
                                                       operating permit
                                                       and all instances
                                                       when monitoring
                                                       data are not
                                                       collected--PR. \d
                                                       e\
------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\b\ ``Continuous records'' is defined in Sec.   63.111.
\c\ NCS = Notification of Compliance Status described in Sec.
  63.1335(e)(5).
\d\ PR = Periodic Reports described in Sec.   63.1335(e)(6).
\e\ The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.
  63.1335(e)(6)(iii)(C).
\f\ Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.


[66 FR 36939, July 16, 2001]

[[Page 401]]



 Sec. Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which 
 Levels Are Required To Be Established for Continuous and Batch Process 
                 Vents and Aggregate Batch Vent Streams

----------------------------------------------------------------------------------------------------------------
                                                                                      Established operating
                 Device                         Parameters to be monitored                 parameter(s)
----------------------------------------------------------------------------------------------------------------
Thermal incinerator.....................  Firebox temperature..................  Minimum temperature.
Catalytic incinerator...................  Temperature upstream and downstream    Minimum upstream temperature;
                                           of the catalyst bed.                   and minimum temperature
                                                                                  difference across the catalyst
                                                                                  bed.
Boiler or process heater................  Firebox temperature..................  Minimum temperature.
Scrubber for halogenated vents..........  pH of scrubber effluent; and scrubber  Minimum pH; and minimum liquid/
                                           liquid and gas flow rates [Sec.        gas ratio.
                                           63.1324(b)(4)(ii)].
Absorber................................  Exit temperature of the absorbing      Maximum temperature; and
                                           liquid; and exit specific gravity of   maximum specific gravity.
                                           the absorbing liquid.
Condenser...............................  Exit temperature.....................  Maximum temperature.
Carbon adsorber.........................  Total regeneration steam flow or       Maximum flow or pressure; and
                                           nitrogen flow, or pressure (gauge or   maximum temperature.
                                           absolute) \a\ during carbon bed
                                           regeneration cycle; and temperature
                                           of the carbon bed after regeneration
                                           (and within 15 minutes of completing
                                           any cooling cycle(s)).
Other devices (or as an alternate to the  HAP concentration level or reading at  Maximum HAP concentration or
 requirements previously presented in      outlet of device.                      reading.
 this table) \b\.
----------------------------------------------------------------------------------------------------------------
\a\ 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
\b\ Concentration is measured instead of an operating parameter.


[65 FR 38145, June 19, 2000]



Sec. Table 9 to Subpart JJJ of Part 63--Routine Reports Required by This 
                                 Subpart

------------------------------------------------------------------------
                                 Description of
          Reference                  report               Due date
------------------------------------------------------------------------
Sec.   63.1335(b) and         Refer to Table 1 and  Refer to subpart A.
 subpart A.                    subpart A.
Sec.   63.1335(e)(3)........  Precompliance Report  Existing affected
                               \a\.                  sources--December
                                                     19, 2000. New
                                                     affected sources--
                                                     with application
                                                     for approval of
                                                     construction or
                                                     reconstruction.
Sec.   63.1335(e)(4)........  Emissions Averaging   September 19, 2000.
                               Plan.
Sec.   63.1335(e)(4)(iv)....  Updates to Emissions  120 days prior to
                               Averaging Plan.       making the change
                                                     necessitating the
                                                     update.
Sec.   63.1335(e)(5)........  Notification of       Within 150 days
                               Compliance Status     after the
                               \b\.                  compliance date.
Sec.   63.1335(e)(6)........  Periodic Reports....  Semiannually, no
                                                     later than 60 days
                                                     after the end of
                                                     each 6-month
                                                     period. See Sec.
                                                     63.1335(e)(6)(i)
                                                     for the due date
                                                     for the first
                                                     report.
Sec.   63.1335(e)(6)(xi)....  Quarterly reports     No later than 60
                               for Emissions         days after the end
                               Averaging.            of each quarter.
                                                     First report is due
                                                     with the
                                                     Notification of
                                                     Compliance Status.
Sec.   63.1335(e)(6)(xii)...  Quarterly reports     No later than 60
                               upon request of the   days after the end
                               Administrator.        of each quarter.
Sec.   63.1335(e)(7)(i).....  Storage Vessels       At least 30 days
                               Notification of       prior to the
                               Inspection.           refilling of each
                                                     storage vessel or
                                                     the inspection of
                                                     each storage
                                                     vessel.
Sec.   63.1335(e)(7)(ii)....  Requests for          Initial submittal is
                               Approval of a         due with the
                               Nominal Control       Emissions Averaging
                               Efficiency for Use    Plan specified in
                               in Emissions          Sec.
                               Averaging.            63.1335(e)(4)(ii);
                                                     later submittals
                                                     are made at the
                                                     discretion of the
                                                     owner or operator
                                                     as specified in
                                                     Sec.
                                                     63.1335(e)(7)(ii)
                                                     (B).
Sec.   63.1335(e)(7)(iii)...  Notification of       1. For notification
                               Change in the         under Sec.
                               Primary Product.      63.1310(f)(3)(ii)--
                                                     notification
                                                     submittal date at
                                                     the discretion of
                                                     the owner or
                                                     operator.\c\
                                                    2. For notification
                                                     under Sec.
                                                     63.1310(f)(4)(ii)--
                                                     within 6 months of
                                                     making the
                                                     determination.
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
  for equipment subject to Sec.   63.1331 and one for other emission
  points subject to this subpart.
\b\ There will be two versions of this report due at different times;
  one for equipment subject to Sec.   63.1331 and one for other emission
  points subject to this subpart.

[[Page 402]]

 
\c\ Note that the TPPU remains subject to this subpart until the
  notification under Sec.   63.1310(f)(3)(i) is made.


[66 FR 36939, July 16, 2001]

Subpart KKK [Reserved]



  Subpart LLL_National Emission Standards for Hazardous Air Pollutants 
             From the Portland Cement Manufacturing Industry

    Source: 64 FR 31925, June 14, 1999, unless otherwise noted.

                                 General



Sec.  63.1340  What parts of my plant does this subpart cover?

    (a) The provisions of this subpart apply to each new and existing 
portland cement plant which is a major source or an area source as 
defined in Sec.  63.2.
    (b) The affected sources subject to this subpart are:
    (1) Each kiln including alkali bypasses and inline coal mills, 
except for kilns that burn hazardous waste and are subject to and 
regulated under subpart EEE of this part;
    (2) Each clinker cooler at any portland cement plant;
    (3) Each raw mill at any portland cement plant;
    (4) Each finish mill at any portland cement plant;
    (5) Each raw material dryer at any portland cement plant;
    (6) Each raw material, clinker, or finished product storage bin at 
any portland cement plant that is a major source;
    (7) Each conveying system transfer point including those associated 
with coal preparation used to convey coal from the mill to the kiln at 
any portland cement plant that is a major source;
    (8) Each bagging and bulk loading and unloading system at any 
portland cement plant that is a major source; and
    (9) Each open clinker storage pile at any portland cement plant.
    (c) Onsite sources that are subject to standards for nonmetallic 
mineral processing plants in subpart OOO, part 60 of this chapter are 
not subject to this subpart. Crushers are not covered by this subpart 
regardless of their location.
    (d) If you are subject to any of the provisions of this subpart you 
are also subject to title V permitting requirements.

[75 FR 55051, Sept. 9, 2010, as amended at 78 FR 10036, Feb. 12, 2013]



Sec.  63.1341  Definitions.

    All terms used in this subpart that are not defined in this section 
have the meaning given to them in the CAA and in subpart A of this part.
    Alkali bypass means a duct between the feed end of the kiln and the 
preheater tower through which a portion of the kiln exit gas stream is 
withdrawn and quickly cooled by air or water to avoid excessive buildup 
of alkali, chloride and/or sulfur on the raw feed. This may also be 
referred to as the ``kiln exhaust gas bypass''.
    Bagging system means the equipment which fills bags with portland 
cement.
    Bin means a manmade enclosure for storage of raw materials, clinker, 
or finished product prior to further processing at a portland cement 
plant.
    Clinker means the product of the process in which limestone and 
other materials are heated in the kiln and is then ground with gypsum 
and other materials to form cement.
    Clinker cooler means equipment into which clinker product leaving 
the kiln is placed to be cooled by air supplied by a forced draft or 
natural draft supply system.
    Continuous monitor means a device which continuously samples the 
regulated parameter specified in Sec.  63.1350 of this subpart without 
interruption, evaluates the detector response at least once every 15 
seconds, and computes and records the average value at least every 60 
seconds, except during allowable periods of calibration and except as 
defined otherwise by the continuous emission monitoring system 
performance specifications in appendix B to part 60 of this chapter.

[[Page 403]]

    Conveying system means a device for transporting materials from one 
piece of equipment or location to another location within a facility. 
Conveying systems include but are not limited to the following: feeders, 
belt conveyors, bucket elevators and pneumatic systems.
    Conveying system transfer point means a point where any material 
including but not limited to feed material, fuel, clinker or product, is 
transferred to or from a conveying system, or between separate parts of 
a conveying system.
    Crusher means a machine designed to reduce large rocks from the 
quarry into materials approximately the size of gravel.
    Dioxins and furans (D/F) means tetra-, penta-, hexa-, hepta-, and 
octa-chlorinated dibenzo dioxins and furans.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Feed means the prepared and mixed materials, which include but are 
not limited to materials such as limestone, clay, shale, sand, iron ore, 
mill scale, cement kiln dust and flyash, that are fed to the kiln. Feed 
does not include the fuels used in the kiln to produce heat to form the 
clinker product.
    Finish mill means a roll crusher, ball and tube mill or other size 
reduction equipment used to grind clinker to a fine powder. Gypsum and 
other materials may be added to and blended with clinker in a finish 
mill. The finish mill also includes the air separator associated with 
the finish mill.
    Greenfield kiln, in-line kiln/raw mill, or raw material dryer means 
a kiln, in-line kiln/raw mill, or raw material dryer for which 
construction is commenced at a plant site (where no kilns and no in-line 
kiln/raw mills were in operation at any time prior to March 24, 1998) 
after March 24, 1998.
    Hazardous waste is defined in Sec.  261.3 of this chapter.
    In-line coal mill means a coal mill using kiln exhaust gases in 
their process. A coal mill with a heat source other than the kiln or a 
coal mill using exhaust gases from the clinker cooler is not an in-line 
coal mill.
    In-line kiln/raw mill means a system in a portland cement production 
process where a dry kiln system is integrated with the raw mill so that 
all or a portion of the kiln exhaust gases are used to perform the 
drying operation of the raw mill, with no auxiliary heat source used. In 
this system the kiln is capable of operating without the raw mill 
operating, but the raw mill cannot operate without the kiln gases, and 
consequently, the raw mill does not generate a separate exhaust gas 
stream.
    Kiln means a device, including any associated preheater or 
precalciner devices, inline raw mills, inline coal mills or alkali 
bypasses that produces clinker by heating limestone and other materials 
for subsequent production of portland cement. Because the inline raw 
mill and inline coal mill are considered an integral part of the kiln, 
for purposes of determining the appropriate emissions limit, the term 
kiln also applies to the exhaust of the inline raw mill and the inline 
coal mill.
    Kiln exhaust gas bypass means alkali bypass.
    Monovent means an exhaust configuration of a building or emission 
control device (e. g. positive pressure fabric filter) that extends the 
length of the structure and has a width very small in relation to its 
length (i. e., length to width ratio is typically greater than 5:1). The 
exhaust may be an open vent with or without a roof, louvered vents, or a 
combination of such features.
    New brownfield kiln, in-line kiln raw mill, or raw material dryer 
means a kiln, in-line kiln/raw mill or raw material dryer for which 
construction is commenced at a plant site (where kilns and/or in-line 
kiln/raw mills were in operation prior to March 24, 1998) after March 
24, 1998.
    New source means any source that commenced construction or 
reconstruction after May 6, 2009, for purposes of determining the 
applicability of the kiln, clinker cooler and raw material dryer 
emissions limits for mercury, PM, THC, and HCl.
    One-minute average means the average of thermocouple or other sensor 
responses calculated at least every 60 seconds from responses obtained 
at

[[Page 404]]

least once during each consecutive 15 second period.
    Open clinker storage pile means a clinker storage pile on the ground 
for more than three days that is not completely enclosed in a building 
or structure.
    Operating day means any 24-hour period beginning at 12:00 midnight 
during which the kiln produces any amount of clinker. For calculating 
the 30-day rolling average emissions, kiln operating days do not include 
the hours of operation during startup or shutdown.
    Portland cement plant means any facility manufacturing portland 
cement.
    Raw material dryer means an impact dryer, drum dryer, paddle-
equipped rapid dryer, air separator, or other equipment used to reduce 
the moisture content of feed or other materials.
    Raw mill means a ball and tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Rolling average means the weighted average of all data, meeting QA/
QC requirements or otherwise normalized, collected during the applicable 
averaging period. The period of a rolling average stipulates the 
frequency of data averaging and reporting. To demonstrate compliance 
with an operating parameter a 30-day rolling average period requires 
calculation of a new average value each operating day and shall include 
the average of all the hourly averages of the specific operating 
parameter. For demonstration of compliance with an emissions limit based 
on pollutant concentration a 30-day rolling average is comprised of the 
average of all the hourly average concentrations over the previous 30 
operating days. For demonstration of compliance with an emissions limit 
based on lbs-pollutant per production unit the 30-day rolling average is 
calculated by summing the hourly mass emissions over the previous 30 
operating days, then dividing that sum by the total production during 
the same period.
    Run average means the average of the recorded parameter values for a 
run.
    Shutdown means the cessation of kiln operation. Shutdown begins when 
feed to the kiln is halted and ends when continuous kiln rotation 
ceases.
    Sorbent means activated carbon, lime, or any other type of material 
injected into kiln exhaust for the purposes of capturing and removing 
any hazardous air pollutant.
    Startup means the time from when a shutdown kiln first begins firing 
fuel until it begins producing clinker. Startup begins when a shutdown 
kiln turns on the induced draft fan and begins firing fuel in the main 
burner. Startup ends when feed is being continuously introduced into the 
kiln for at least 120 minutes or when the feed rate exceeds 60 percent 
of the kiln design limitation rate, whichever occurs first.
    TEQ means the international method of expressing toxicity 
equivalents for dioxins and furans as defined in U.S. EPA, Interim 
Procedures for Estimating Risks Associated with Exposures to Mixtures of 
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and 
1989 Update, March 1989. The 1989 Toxic Equivalency Factors (TEFs) used 
to determine the dioxin and furan TEQs are listed in Table 2 to subpart 
LLL of Part 63.
    Total organic HAP means, for the purposes of this subpart, the sum 
of the concentrations of compounds of formaldehyde, benzene, toluene, 
styrene, m-xylene, p-xylene, o-xylene, acetaldehyde, and naphthalene as 
measured by EPA Test Method 320 or Method 18 of appendix A to this part 
or ASTM D6348-03 \1\ or a combination of these

[[Page 405]]

methods, as appropriate. If measurement results for any pollutant are 
reported as below the method detection level (e.g., laboratory 
analytical results for one or more sample components are below the 
method defined analytical detection level), you must use the method 
detection level as the measured emissions level for that pollutant in 
calculating the total organic HAP value. The measured result for a 
multiple component analysis (e.g., analytical values for multiple Method 
18 fractions) may include a combination of method detection level data 
and analytical data reported above the method detection level. The owner 
or operator of an affected source may request the use of other test 
methods to make this determination under paragraphs 63.7(e)(2)(ii) and 
(f) of this part.
---------------------------------------------------------------------------

    \1\ When using ASTM D6348-03, the following conditions must be met:
    (1) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03, Sections A1 through A8 are mandatory; (2) For ASTM D6348-
03 Annex A5 (Analyte Spiking Technique), the percent R must be 
determined for each target analyte (see Equation A5.5); (3) For the ASTM 
D6348-03 test data to be acceptable for a target analyte percent R must 
be 70 percent =R <=130 percent; and (4) The percent R value 
for each compound must be reported in the test report and all field 
measurements corrected with the calculated percent R value for that 
compound using the following equation: Reported Result = The measured 
concentration in the stack divided by the calculated percent R value and 
then the whole term multiplied by 100.
---------------------------------------------------------------------------

    Totally enclosed conveying system transfer point means a conveying 
system transfer point that is enclosed on all sides, top, and bottom.

[64 FR 31925, June 14, 1999, as amended at 67 FR 16619, Apr. 5, 2002; 75 
FR 55051, Sept. 9, 2010; 78 FR 10037, Feb. 12, 2013; 80 FR 44778, July 
27, 2015; 83 FR 35132, July 25, 2018]

                 Emission Standards and Operating Limits



Sec.  63.1342  Standards: General.

    Table 1 to this subpart provides cross references to the 40 CFR part 
63, subpart A, general provisions, indicating the applicability of the 
general provisions requirements to subpart LLL.

[71 FR 76549, Dec. 20, 2006]



Sec.  63.1343  What standards apply to my kilns, clinker coolers, 
raw material dryers, and open clinker storage piles?

    (a) General. The provisions in this section apply to each kiln and 
any alkali bypass associated with that kiln, clinker cooler, raw 
material dryer, and open clinker storage pile. All D/F, HCl, and total 
hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and 
THC limits for kilns are corrected to 7 percent oxygen. All THC 
emissions limits are measured as propane. Standards for mercury and THC 
are based on a rolling 30-day average. If using a CEMS to determine 
compliance with the HCl standard, this standard is based on a rolling 
30-day average. You must ensure appropriate corrections for moisture are 
made when measuring flow rates used to calculate mercury emissions. The 
30-day period means all operating hours within 30 consecutive kiln 
operating days excluding periods of startup and shutdown. All emissions 
limits for kilns, clinker coolers, and raw material dryers currently in 
effect that are superseded by the limits below continue to apply until 
the compliance date of the limits below, or until the source certifies 
compliance with the limits below, whichever is earlier.
    (b) Kilns, clinker coolers, raw material dryers, raw mills, and 
finish mills. (1) The emissions limits for these sources are shown in 
Table 1.

                             Table 1--Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     And the operating mode   And if is located at   Your emissions limits   And the units of the  The oxygen correction
     If your source is a (an):                 is:                     a:                     are:           emissions limit are:        factor is:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Existing kiln...................  Normal operation......  Major or area source..  PM \1\ 0.07..........  lb/ton clinker.......  NA.
                                                                                     D/F \2\ 0.2..........  ng/dscm (TEQ)........  7 percent.
                                                                                     Mercury 55...........  lb/MM tons clinker...  NA.
                                                                                     THC \3 4\ 24.........  ppmvd................  7 percent.
2. Existing kiln...................  Normal operation......  Major source..........  HCl 3................  ppmvd................  7 percent.
3. Existing kiln...................  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1346(g)).
4. New kiln........................  Normal operation......  Major or area source..  PM \1\ 0.02..........  lb/ton clinker.......  NA.
                                                                                     D/F \2\ 0.2..........  ng/dscm (TEQ)........  7 percent.

[[Page 406]]

 
                                                                                     Mercury 21...........  lb/MM tons clinker...  NA.
                                                                                     THC \3 4\ 24.........  ppmvd................  7 percent.
5. New kiln........................  Normal operation......  Major source..........  HCl 3................  ppmvd................  7 percent.
6. New kiln........................  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1346(g)).
7. Existing clinker cooler.........  Normal operation......  Major or area source..  PM 0.07..............  lb/ton clinker.......  NA.
8. Existing clinker cooler.........  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1348(b)(9)).
9. New clinker cooler..............  Normal operation......  Major or area source..  PM 0.02..............  lb/ton clinker.......  NA.
10. New clinker cooler.............  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1348(b)(9)).
11. Existing or new raw material     Normal operation......  Major or area source..  THC \3 4\ 24.........  ppmvd................  NA.
 dryer.
12. Existing or new raw material     Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
 dryer.                                                                               (63.1348(b)(9)).
13. Existing or new raw or finish    All operating modes...  Major source..........  Opacity 10...........  percent..............  NA.
 mill.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial and subsequent PM performance tests are performed using Method 5 or 5I and consist of three test runs.
\2\ If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test
  is 400 [deg]F or less, this limit is changed to 0.40 ng/dscm (TEQ).
\3\ Measured as propane.
\4\ Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.

    (2) When there is an alkali bypass and/or an inline coal mill with a 
separate stack associated with a kiln, the combined PM emissions from 
the kiln and the alkali bypass stack and/or the inline coal mill stack 
are subject to the PM emissions limit. Existing kilns that combine the 
clinker cooler exhaust and/or alkali bypass and/or coal mill exhaust 
with the kiln exhaust and send the combined exhaust to the PM control 
device as a single stream may meet an alternative PM emissions limit. 
This limit is calculated using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR27JY15.011

Where:

PMalt = Alternative PM emission limit for commingled sources.
0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070 lb 
          per ton clinker where clinker cooler and kiln exhaust gas are 
          not combined.
1.65 = The conversion factor of ton feed per ton clinker.
Qk = The exhaust flow of the kiln (dscf/ton feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for grains (gr) per lb.

    For new kilns that combine kiln exhaust, clinker cooler gas and/or 
coal mill and alkali bypass exhaust, the limit is calculated using 
Equation 2 of this section:

[[Page 407]]

[GRAPHIC] [TIFF OMITTED] TR27JY15.012

Where:

PMalt = Alternative PM emission limit for commingled sources.
0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020 lb 
          per ton clinker where clinker cooler and kiln exhaust gas are 
          not combined.
1.65 = The conversion factor of ton feed per ton clinker.
Qk = The exhaust flow of the kiln (dscf/ton feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for gr per lb.

    (c) Open clinker storage pile. The owner or operator of an open 
clinker storage pile must prepare, and operate in accordance with, the 
fugitive dust emissions control measures, described in their operation 
and maintenance plan (see Sec.  63.1347 of this subpart), that is 
appropriate for the site conditions as specified in paragraphs (c)(1) 
through (3) of this section. The operation and maintenance plan must 
also describe the measures that will be used to minimize fugitive dust 
emissions from piles of clinker, such as accidental spillage, that are 
not part of open clinker storage piles.
    (1) The operation and maintenance plan must identify and describe 
the location of each current or future open clinker storage pile and the 
fugitive dust emissions control measures the owner or operator will use 
to minimize fugitive dust emissions from each open clinker storage pile.
    (2) For open clinker storage piles, the operations and maintenance 
plan must specify that one or more of the following control measures 
will be used to minimize to the greatest extent practicable fugitive 
dust from open clinker storage piles: Locating the source inside a 
partial enclosure, installing and operating a water spray or fogging 
system, applying appropriate chemical dust suppression agents, use of a 
wind barrier, compaction, use of tarpaulin or other equally effective 
cover or use of a vegetative cover. You must select, for inclusion in 
the operations and maintenance plan, the fugitive dust control measure 
or measures listed in this paragraph that are most appropriate for site 
conditions. The plan must also explain how the measure or measures 
selected are applicable and appropriate for site conditions. In 
addition, the plan must be revised as needed to reflect any changing 
conditions at the source.
    (3) Temporary piles of clinker that result from accidental spillage 
or clinker storage cleaning operations must be cleaned up within 3 days.

[78 FR 10037, Feb. 12, 2013, as amended at 80 FR 44779, July 27, 2015; 
83 FR 35132, July 25, 2018]



Sec.  63.1344  [Reserved]



Sec.  63.1345  Emissions limits for affected sources other than kilns;
clinker coolers; new and reconstructed raw material dryers.

    The owner or operator of each new or existing raw material, clinker, 
or finished product storage bin; conveying system transfer point; 
bagging system; bulk loading or unloading system; raw and finish mills; 
and each existing raw material dryer, at a facility which is a major 
source subject to the provisions of this subpart must not cause to be 
discharged any gases from these affected sources which exhibit opacity 
in excess of 10 percent.

[78 FR 10039, Feb. 12, 2013]



Sec.  63.1346  Operating limits for kilns.

    (a) The owner or operator of a kiln subject to a D/F emissions 
limitation under Sec.  63.1343 must operate the kiln such that the 
temperature of the gas at the inlet to the kiln PM control device (PMCD) 
and alkali bypass PMCD, if applicable, does not exceed the applicable 
temperature limit specified in paragraph (b) of this section. The owner 
or operator of an in-line kiln/raw mill subject to a D/F emissions 
limitation under Sec.  63.1343 must operate the in-line kiln/raw mill, 
such that:

[[Page 408]]

    (1) When the raw mill of the in-line kiln/raw mill is operating, the 
applicable temperature limit for the main in-line kiln/raw mill exhaust, 
specified in paragraph (b) of this section and established during the 
performance test when the raw mill was operating, is not exceeded, 
except during periods of startup and shutdown when the temperature limit 
may be exceeded by no more than 10 percent.
    (2) When the raw mill of the in-line kiln/raw mill is not operating, 
the applicable temperature limit for the main in-line kiln/raw mill 
exhaust, specified in paragraph (b) of this section and established 
during the performance test when the raw mill was not operating, is not 
exceeded, except during periods of startup/shutdown when the temperature 
limit may be exceeded by no more than 10 percent.
    (3) If the in-line kiln/raw mill is equipped with an alkali bypass, 
the applicable temperature limit for the alkali bypass specified in 
paragraph (b) of this section and established during the performance 
test, with or without the raw mill operating, is not exceeded, except 
during periods of startup/shutdown when the temperature limit may be 
exceeded by no more than 10 percent.
    (b) The temperature limit for affected sources meeting the limits of 
paragraph (a) of this section or paragraphs (a)(1) through (a)(3) of 
this section is determined in accordance with Sec.  63.1349(b)(3)(iv).
    (c) For an affected source subject to a D/F emissions limitation 
under Sec.  63.1343 that employs sorbent injection as an emission 
control technique for D/F control, you must operate the sorbent 
injection system in accordance with paragraphs (c)(1) and (2) of this 
section.
    (1) The rolling three-hour average activated sorbent injection rate 
must be equal to or greater than the sorbent injection rate determined 
in accordance with Sec.  63.1349(b)(3)(vi).
    (2) You must either:
    (i) Maintain the minimum activated carbon injection carrier gas flow 
rate, as a rolling three-hour average, based on the manufacturer's 
specifications. These specifications must be documented in the test plan 
developed in accordance with Sec.  63.7(c), or
    (ii) Maintain the minimum activated carbon injection carrier gas 
pressure drop, as a rolling three-hour average, based on the 
manufacturer's specifications. These specifications must be documented 
in the test plan developed in accordance with Sec.  63.7(c).
    (d) Except as provided in paragraph (e) of this section, for an 
affected source subject to a D/F emissions limitation under Sec.  
63.1343 that employs carbon injection as an emission control technique 
you must specify and use the brand and type of sorbent used during the 
performance test until a subsequent performance test is conducted, 
unless the site-specific performance test plan contains documentation of 
key parameters that affect adsorption and the owner or operator 
establishes limits based on those parameters, and the limits on these 
parameters are maintained.
    (e) For an affected source subject to a D/F emissions limitation 
under Sec.  63.1343 that employs carbon injection as an emission control 
technique you may substitute, at any time, a different brand or type of 
sorbent provided that the replacement has equivalent or improved 
properties compared to the sorbent specified in the site-specific 
performance test plan and used in the performance test. The owner or 
operator must maintain documentation that the substitute sorbent will 
provide the same or better level of control as the original sorbent.
    (f) No kiln may use as a raw material or fuel any fly ash where the 
mercury content of the fly ash has been increased through the use of 
activated carbon, or any other sorbent, unless the facility can 
demonstrate that the use of that fly ash will not result in an increase 
in mercury emissions over baseline emissions (i.e., emissions not using 
the fly ash). The facility has the burden of proving there has been no 
emissions increase over baseline. Once the kiln is in compliance with a 
mercury emissions limit specified in Sec.  63.1343, this paragraph no 
longer applies.

[[Page 409]]

    (g) During periods of startup and shutdown you must meet the 
requirements listed in (g)(1) through (4) of this section.
    (1) During startup you must use any one or combination of the 
following clean fuels: natural gas, synthetic natural gas, propane, 
distillate oil, synthesis gas (syngas), and ultra-low sulfur diesel 
(ULSD) until the kiln reaches a temperature of 1200 degrees Fahrenheit.
    (2) Combustion of the primary kiln fuel may commence once the kiln 
temperature reaches 1200 degrees Fahrenheit.
    (3) All dry sorbent and activated carbon systems that control 
hazardous air pollutants must be turned on and operating at the time the 
gas stream at the inlet to the baghouse or ESP reaches 300 degrees 
Fahrenheit (five minute average) during startup. Temperature of the gas 
stream is to be measured at the inlet of the baghouse or ESP every 
minute. Such injection systems can be turned off during shutdown. 
Particulate control and all remaining devices that control hazardous air 
pollutants should be operational during startup and shutdown.
    (4) You must keep records as specified in Sec.  63.1355 during 
periods of startup and shutdown.

[75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10039, Feb. 12, 2013; 
80 FR 44781, July 27, 2015]



Sec.  63.1347  Operation and maintenance plan requirements.

    (a) You must prepare, for each affected source subject to the 
provisions of this subpart, a written operations and maintenance plan. 
The plan must be submitted to the Administrator for review and approval 
as part of the application for a part 70 permit and must include the 
following information:
    (1) Procedures for proper operation and maintenance of the affected 
source and air pollution control devices in order to meet the emissions 
limits and operating limits, including fugitive dust control measures 
for open clinker piles of Sec. Sec.  63.1343, 63.1345, and 63.1346. Your 
operations and maintenance plan must address periods of startup and 
shutdown.
    (2) Corrective actions to be taken when required by paragraph Sec.  
63.1350(f)(3);
    (3) Procedures to be used during an inspection of the components of 
the combustion system of each kiln and each in-line kiln raw mill 
located at the facility at least once per year.
    (b) Failure to comply with any provision of the operations and 
maintenance plan developed in accordance with this section is a 
violation of the standard.

[75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 
80 FR 44781, July 27, 2015]



Sec.  63.1348  Compliance requirements.

    (a) Initial Performance Test Requirements. For an affected source 
subject to this subpart, you must demonstrate compliance with the 
emissions standards and operating limits by using the test methods and 
procedures in Sec. Sec.  63.1349 and 63.7. Any affected source that was 
unable to demonstrate compliance before the compliance date due to being 
idled, or that had demonstrated compliance but was idled during the 
normal window for the next compliance test, must demonstrate compliance 
within 180 days after coming out of the idle period. Any cement kiln 
that has been subject to the requirements of subpart CCCC or subpart 
DDDD of 40 CFR Part 60, and is now electing to cease burning 
nonhazardous solid waste and become subject to this subpart, must meet 
all the initial compliance testing requirements each time it becomes 
subject to this subpart, even if it was previously subject to this 
subpart.

    Note to paragraph (a): The first day of the 30 operating day 
performance test is the first day after the compliance date following 
completion of the field testing and data collection that demonstrates 
that the CPMS or CEMS has satisfied the relevant CPMS performance 
evaluation or CEMS performance specification (e.g., PS 2, 12A, or 12B) 
acceptance criteria. The performance test period is complete at the end 
of the 30th consecutive operating day. See Sec.  63.1341 for definition 
of operating day and Sec.  63.1348(b)(1) for the CEMS operating 
requirements. The source has the option of performing the compliance 
test earlier then the compliance date if desired.

    (1) PM Compliance. If you are subject to limitations on PM emissions 
under

[[Page 410]]

Sec.  63.1343(b), you must demonstrate compliance with the PM emissions 
standards by using the test methods and procedures in Sec.  
63.1349(b)(1).
    (2) Opacity Compliance. If you are subject to the limitations on 
opacity under Sec.  63.1345, you must demonstrate compliance with the 
opacity emissions standards by using the performance test methods and 
procedures in Sec.  63.1349(b)(2). Use the maximum 6-minute average 
opacity exhibited during the performance test period to determine 
whether the affected source is in compliance with the standard.
    (3) D/F compliance. (i) If you are subject to limitations on D/F 
emissions under Sec.  63.1343(b), you must demonstrate initial 
compliance with the D/F emissions standards by using the performance 
test methods and procedures in Sec.  63.1349(b)(3). The owner or 
operator of a kiln with an in-line raw mill must demonstrate initial 
compliance by conducting separate performance tests while the raw mill 
is operating and the raw mill is not operating. Determine the D/F TEQ 
concentration for each run and calculate the arithmetic average of the 
TEQ concentrations measured for the three runs to determine continuous 
compliance.entrations measured for the three runs to determine 
continuous compliance.
    (ii) If you are subject to a D/F emissions limitation under Sec.  
63.1343(b), you must demonstrate compliance with the temperature 
operating limits specified in Sec.  63.1346 by using the performance 
test methods and procedures in Sec.  63.1349(b)(3)(ii) through 
(b)(3)(iv). Use the arithmetic average of the temperatures measured 
during the three runs to determine the applicable temperature limit.
    (iii) If activated carbon injection is used and you are subject to a 
D/F emissions limitation under Sec.  63.1343(b), you must demonstrate 
compliance with the activated carbon injection rate operating limits 
specified in Sec.  63.1346 by using the performance test methods and 
procedures in Sec.  63.1349(b)(3)(v).
    (iv) If activated carbon injection is used, you must also develop a 
carrier gas parameter (either the carrier gas flow rate or the carrier 
gas pressure drop) during the initial performance test and updated 
during any subsequent performance test conducted under Sec.  
63.1349(b)(3) that meets the requirements of Sec.  63.1349(b)(3)(vi). 
Compliance is demonstrated if the system is maintained within 5 percent accuracy during the performance test 
determined in accordance with the procedures and criteria submitted for 
review in your monitoring plan required in Sec.  63.1350(p).
    (4)(i) THC Compliance. If you are subject to limitations on THC 
emissions under Sec.  63.1343(b), you must demonstrate compliance with 
the THC emissions standards by using the performance test methods and 
procedures in Sec.  63.1349(b)(4)(i). You must use the average THC 
concentration obtained during the first 30 kiln operating days after the 
compliance date of this rule to determine initial compliance.
    (ii) Total Organic HAP Emissions Tests. If you elect to demonstrate 
compliance with the total organic HAP emissions limit under Sec.  
63.1343(b) in lieu of the THC emissions limit, you must demonstrate 
compliance with the total organic HAP emissions standards by using the 
performance test methods and procedures in Sec.  63.1349(b)(7).
    (iii) If you are demonstrating initial compliance, you must conduct 
the separate performance tests as specified in Sec.  63.1349(b)(7) while 
the raw mill of the inline kiln/raw mill is operating and while the raw 
mill of the inline kiln/raw mill is not operating.
    (iv) The time weighted average total organic HAP concentration 
measured during the separate initial performance test specified by Sec.  
63.1349(b)(7) must be used to determine initial compliance.
    (v) The time weighted average THC concentration measured during the 
initial performance test specified by Sec.  63.1349(b)(4) must be used 
to determine the site-specific THC limit. Using the fraction of time the 
inline kiln/raw mill is on and the fraction of time that the inline 
kiln/raw mill is off, calculate this limit as a time weighted average of 
the THC levels measured during raw mill on and raw mill off testing 
using one of the two approaches in Sec.  63.1349(b)(7)(vii) or (viii) 
depending on the level of organic HAP measured during the compliance 
test.
    (5) Mercury Compliance. If you are subject to limitations on mercury

[[Page 411]]

emissions in Sec.  63.1343(b), you must demonstrate compliance with the 
mercury standards by using the performance test methods and procedures 
in Sec.  63.1349(b)(5). You must demonstrate compliance by operating a 
mercury CEMS or a sorbent trap based CEMS. Compliance with the mercury 
emissions standard must be determined based on the first 30 operating 
days you operate a mercury CEMS or sorbent trap monitoring system after 
the compliance date of this rule.
    (i) In calculating a 30 operating day emissions value using an 
integrating sorbent trap CEMS, assign the average Hg emissions 
concentration determined for an integrating period (e.g., 7 day sorbent 
trap monitoring system sample) to each relevant hour of the kiln 
operating days spanned by each integrated sample. Calculate the 30 kiln 
operating day emissions rate value using the assigned hourly Hg 
emissions concentrations and the respective flow and production rate 
values collected during the 30 kiln operating day performance test 
period. Depending on the duration of each integrated sampling period, 
you may not be able to calculate the 30 kiln operating day emissions 
value until several days after the end of the 30 kiln operating day 
performance test period.
    (ii) For example, a sorbent trap monitoring system producing an 
integrated 7-day sample will provide Hg concentration data for each hour 
of the first 28 kiln operating days (i.e., four values spanning 7 days 
each) of a 30 operating day period. The Hg concentration values for the 
hours of the last 2 days of the 30 operating day period will not be 
available for calculating the emissions for the performance test period 
until at least five days after the end of the subject period.
    (6) HCl Compliance. If you are subject to limitations on HCl 
emissions under Sec.  63.1343(b), you must demonstrate initial 
compliance with the HCl standards by using the performance test methods 
and procedures in Sec.  63.1349(b)(6).
    (i) For an affected source that is equipped with a wet scrubber, 
tray tower or dry scrubber, you may demonstrate initial compliance by 
conducting a performance test as specified in Sec.  63.1349(b)(6)(i). 
You must determine the HCl concentration for each run and calculate the 
arithmetic average of the concentrations measured for the three runs to 
determine compliance. You must also establish appropriate site-specific 
operational parameter limits.
    (ii) For an affected source that is not equipped with a wet 
scrubber, tray tower or dry scrubber, you must demonstrate initial 
compliance by operating a CEMS as specified in Sec.  63.1349(b)(6)(ii). 
You must use the average of the hourly HCl values obtained during the 
first 30 kiln operating days that occur after the compliance date of 
this rule to determine initial compliance.
    (7) Commingled Exhaust Requirements. If the coal mill exhaust is 
commingled with kiln exhaust in a single stack, you may demonstrate 
compliance with the kiln emission limits by either:
    (i) Performing required emissions monitoring and testing on the 
commingled coal mill and kiln exhaust, or
    (ii) Perform required emission monitoring and testing of the kiln 
exhaust prior to the reintroduction of the coal mill exhaust, and also 
testing the kiln exhaust diverted to the coal mill. All emissions must 
be added together for all emission points, and must not exceed the limit 
per each pollutant as listed in Sec.  63.1343(b).
    (b) Continuous Monitoring Requirements. You must demonstrate 
compliance with the emissions standards and operating limits by using 
the performance test methods and procedures in Sec. Sec.  63.1350 and 
63.8 for each affected source.
    (1) General Requirements. (i) You must monitor and collect data 
according to Sec.  63.1350 and the site-specific monitoring plan 
required by Sec.  63.1350(p).
    (ii) Except for periods of startup and shutdown, monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
and required monitoring system quality assurance or quality control 
activities (including, as applicable, calibration checks and required 
zero and span adjustments), you must operate the monitoring system and 
collect data at all required intervals at all times the affected source 
is operating.
    (iii) You may not use data recorded during monitoring system 
startup,

[[Page 412]]

shutdown or malfunctions or repairs associated with monitoring system 
malfunctions in calculations used to report emissions or operating 
levels. A monitoring system malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You must use all 
the data collected during all other periods in assessing the operation 
of the control device and associated control system.
    (iv) Clinker Production. If you are subject to limitations on 
mercury emissions (lb/MM tons of clinker) under Sec.  63.1343(b), you 
must determine the hourly production rate of clinker according to the 
requirements of Sec.  63.1350(d).
    (2) PM Compliance. If you are subject to limitations on PM emissions 
under Sec.  63.1343(b), you must use the monitoring methods and 
procedures in Sec.  63.1350(b) and (d).
    (3) Opacity Compliance. If you are subject to the limitations on 
opacity under Sec.  63.1345, you must demonstrate compliance using the 
monitoring methods and procedures in Sec.  63.1350(f) based on the 
maximum 6-minute average opacity exhibited during the performance test 
period. You must initiate corrective actions within one hour of 
detecting visible emissions above the applicable limit.
    (i) COMS. If you install a COMS in lieu of conducting the daily 
visible emissions testing, you must demonstrate compliance using a COMS 
such that it is installed, operated, and maintained in accordance with 
the requirements of Sec.  63.1350(f)(4)(i).
    (ii) Bag Leak Detection System (BLDS). If you install a BLDS on a 
raw mill or finish mill in lieu of conducting the daily visible 
emissions testing, you must demonstrate compliance using a BLDS that is 
installed, operated, and maintained in accordance with the requirements 
of Sec.  63.1350(f)(4)(ii).
    (4) D/F Compliance. If you are subject to a D/F emissions limitation 
under Sec.  63.1343(b), you must demonstrate compliance using a 
continuous monitoring system (CMS) that is installed, operated and 
maintained to record the temperature of specified gas streams in 
accordance with the requirements of Sec.  63.1350(g).
    (5) Activated Carbon Injection Compliance. (i) If you use activated 
carbon injection to comply with the D/F emissions limitation under Sec.  
63.1343(b), you must demonstrate compliance using a CMS that is 
installed, operated, and maintained to record the rate of activated 
carbon injection in accordance with the requirements Sec.  
63.1350(h)(1).
    (ii) If you use activated carbon injection to comply with the D/F 
emissions limitation under Sec.  63.1343(b), you must demonstrate 
compliance using a CMS that is installed, operated and maintained to 
record the activated carbon injection system gas parameter in accordance 
with the requirements of Sec.  63.1350(h)(2).
    (6) THC Compliance. (i) If you are subject to limitations on THC 
emissions under Sec.  63.1343(b), you must demonstrate compliance using 
the monitoring methods and procedures in Sec.  63.1350(i) and (j).
    (ii) THC must be measured either upstream of the coal mill or in the 
coal mill stack.
    (7) Mercury Compliance. (i) If you are subject to limitations on 
mercury emissions in Sec.  63.1343(b), you must demonstrate compliance 
using the monitoring methods and procedures in Sec.  63.1350(k). If you 
use an integrated sorbent trap monitoring system to determine ongoing 
compliance, use the procedures described in Sec.  63.1348(a)(5) to 
assign hourly mercury concentration values and to calculate rolling 30 
operating day emissions rates. Since you assign the mercury 
concentration measured with the sorbent trap to each relevant hour 
respectively for each operating day of the integrated period, you may 
schedule the sorbent trap change periods to any time of the day (i.e., 
the sorbent trap replacement need not be scheduled at 12:00 midnight nor 
must the sorbent trap replacements occur only at integral 24-hour 
intervals).
    (ii) Mercury must be measured either upstream of the coal mill or in 
the coal mill stack.
    (8) HCl Compliance. If you are subject to limitations on HCl 
emissions under

[[Page 413]]

Sec.  63.1343(b), you must demonstrate compliance using the performance 
test methods and procedures in Sec.  63.1349(b)(6).
    (i) For an affected source that is not equipped with a wet scrubber, 
tray tower or a dry sorbent injection system, you must demonstrate 
compliance using the monitoring methods and procedures in Sec.  
63.1350(l)(1).
    (ii) For an affected source that is equipped with a wet scrubber, 
tray tower or a dry sorbent injection system, you may demonstrate 
compliance using the monitoring methods and procedures in Sec.  
63.1350(l)(2).
    (iii) HCl may be measured either upstream of the coal mill or in the 
coal mill stack.
    (iv) As an alternative to paragraph (b)(8)(ii) of this section, you 
may use an SO2 CEMS to establish an SO2 operating 
level during your initial and repeat HCl performance tests and monitor 
the SO2 level using the procedures in Sec.  63.1350(l)(3).
    (9) Startup and Shutdown Compliance. All dry sorbent and activated 
carbon systems that control hazardous air pollutants must be turned on 
and operating at the time the gas stream at the inlet to the baghouse or 
ESP reaches 300 degrees Fahrenheit (five minute average) during startup. 
Temperature of the gas stream is to be measured at the inlet of the 
baghouse or ESP every minute. Such injection systems can be turned off 
during shutdown. Particulate control and all remaining devices that 
control hazardous air pollutants should be operational during startup 
and shutdown.
    (c) Changes in operations. (1) If you plan to undertake a change in 
operations that may adversely affect compliance with an applicable 
standard, operating limit, or parametric monitoring value under this 
subpart, the source must conduct a performance test as specified in 
Sec.  63.1349(b).
    (2) In preparation for and while conducting a performance test 
required in Sec.  63.1349(b), you may operate under the planned 
operational change conditions for a period not to exceed 360 hours, 
provided that the conditions in (c)(2)(i) through (c)(2)(iv) of this 
section are met. You must submit temperature and other monitoring data 
that are recorded during the pretest operations.
    (i) You must provide the Administrator written notice at least 60 
days prior to undertaking an operational change that may adversely 
affect compliance with an applicable standard under this subpart for any 
source, or as soon as practicable where 60 days advance notice is not 
feasible. Notice provided under this paragraph must include a 
description of the planned change, the emissions standards that may be 
affected by the change, and a schedule for completion of the performance 
test required under paragraph (c)(1) of this section, including when the 
planned operational change period would begin.
    (ii) The performance test results must be documented in a test 
report according to Sec.  63.1349(a).
    (iii) A test plan must be made available to the Administrator prior 
to performance testing, if requested.
    (iv) The performance test must be completed within 360 hours after 
the planned operational change period begins.
    (d) General duty to minimize emissions. At all times you must 
operate and maintain any affected source, including associated air 
pollution control equipment and monitoring equipment, in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions. Determination of whether such operation and 
maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.

[75 FR 55055, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 
80 FR 44781, July 27, 2015; 83 FR 35132, July 25, 2018]

                  Monitoring and Compliance Provisions



Sec.  63.1349  Performance testing requirements.

    (a) You must document performance test results in complete test 
reports that contain the information required by paragraphs (a)(1) 
through (10) of this

[[Page 414]]

section, as well as all other relevant information. As described in 
Sec.  63.7(c)(2)(i), you must make available to the Administrator prior 
to testing, if requested, the site-specific test plan to be followed 
during performance testing. For purposes of determining exhaust gas flow 
rate to the atmosphere from an alkali bypass stack or a coal mill stack, 
you must either install, operate, calibrate and maintain an instrument 
for continuously measuring and recording the exhaust gas flow rate 
according to the requirements in paragraphs Sec.  63.1350(n)(1) through 
(10) of this subpart or use the maximum design exhaust gas flow rate. 
For purposes of determining the combined emissions from kilns equipped 
with an alkali bypass or that exhaust kiln gases to a coal mill that 
exhausts through a separate stack, instead of installing a CEMS on the 
alkali bypass stack or coal mill stack, you may use the results of the 
initial and subsequent performance test to demonstrate compliance with 
the relevant emissions limit.
    (1) A brief description of the process and the air pollution control 
system;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the performance test, 
preparation of standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations;
    (9) All data recorded and used to establish parameters for 
monitoring; and
    (10) Any other information required by the performance test method.
    (b)(1) PM emissions tests. The owner or operator of a kiln and 
clinker cooler subject to limitations on PM emissions shall demonstrate 
initial compliance by conducting a performance test using Method 5 or 
Method 5I at appendix A-3 to part 60 of this chapter. You must also 
monitor continuous performance through use of a PM continuous parametric 
monitoring system (PM CPMS).
    (i) For your PM CPMS, you will establish a site-specific operating 
limit. If your PM performance test demonstrates your PM emission levels 
to be below 75 percent of your emission limit you will use the average 
PM CPMS value recorded during the PM compliance test, the milliamp or 
digital equivalent of zero output from your PM CPMS, and the average PM 
result of your compliance test to establish your operating limit. If 
your PM compliance test demonstrates your PM emission levels to be at or 
above 75 percent of your emission limit you will use the average PM CPMS 
value recorded during the PM compliance test to establish your operating 
limit. You will use the PM CPMS to demonstrate continuous compliance 
with your operating limit. You must repeat the performance test annually 
and reassess and adjust the site-specific operating limit in accordance 
with the results of the performance test.
    (A) Your PM CPMS must provide a 4-20 milliamp or digital signal 
output and the establishment of its relationship to manual reference 
method measurements must be determined in units of milliamps or the 
monitors digital equivalent.
    (B) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to three times your 
allowable emission limit. If your PM CPMS is an auto-ranging instrument 
capable of multiple scales, the primary range of the instrument must be 
capable of reading PM concentration from zero to a level equivalent to 
three times your allowable emission limit.
    (C) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp or digital output values from the PM CPMS for 
the periods corresponding to the compliance test runs (e.g., average all 
your PM CPMS output values for three corresponding Method 5I test runs).
    (ii) Determine your operating limit as specified in paragraphs 
(b)(1)(iii) through (iv) of this section. If your PM performance test 
demonstrates your PM emission levels to be below 75 percent of your 
emission limit you will use the average PM CPMS value recorded during 
the PM compliance test,

[[Page 415]]

the milliamp or digital equivalent of zero output from your PM CPMS, and 
the average PM result of your compliance test to establish your 
operating limit. If your PM compliance test demonstrates your PM 
emission levels to be at or above 75 percent of your emission limit you 
will use the average PM CPMS value recorded during the PM compliance 
test to establish your operating limit. You must verify an existing or 
establish a new operating limit after each repeated performance test. 
You must repeat the performance test at least annually and reassess and 
adjust the site-specific operating limit in accordance with the results 
of the performance test.
    (iii) If the average of your three Method 5 or 5I compliance test 
runs is below 75 percent of your PM emission limit, you must calculate 
an operating limit by establishing a relationship of PM CPMS signal to 
PM concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 or 5I compliance test with the 
procedures in (b)(1)(iii)(A) through (D) of this section.
    (A) Determine your PM CPMS instrument zero output with one of the 
following procedures:
    (1) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (2) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (3) The zero point may also be established by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas) and plotting these with the compliance data to find the 
zero intercept.
    (4) If none of the steps in paragraphs (b)(1)(iii)(A)(1) through (3) 
of this section are possible, you must use a zero output value provided 
by the manufacturer.
    (B) Determine your PM CPMS instrument average in milliamps or 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 3.
[GRAPHIC] [TIFF OMITTED] TR27JY15.013

Where:

X1 = The PM CPMS data points for the three runs constituting 
          the performance test.
Y1 = The PM concentration value for the three runs 
          constituting the performance test.
n = The number of data points.

    (C) With your instrument zero expressed in milliamps or a digital 
value, your three run average PM CPMS milliamp or digital signal value, 
and your three run PM compliance test average, determine a relationship 
of lb/ton-clinker per milliamp or digital signal value with Equation 4.
[GRAPHIC] [TIFF OMITTED] TR27JY15.014


[[Page 416]]


Where:

R = The relative lb/ton-clinker per milliamp or digital equivalent for 
          your PM CPMS.
Y1 = The three run average lb/ton-clinker PM concentration.
X1 = The three run average milliamp or digital equivalent 
          output from your PM CPMS.
z = The milliamp or digital equivalent of your instrument zero 
          determined from (b)(1)(iii)(A).

    (D) Determine your source specific 30-day rolling average operating 
limit using the lb/ton-clinker per milliamp or digital signal value from 
Equation 4 in Equation 5, below. This sets your operating limit at the 
PM CPMS output value corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR27JY15.015

Where:

Ol = The operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps or the digital equivalent.
L = Your source emission limit expressed in lb/ton clinker.
z = Your instrument zero in milliamps, or digital equivalent, determined 
          from (b)(1)(iii)(A).
R = The relative lb/ton-clinker per milliamp, or digital equivalent, for 
          your PM CPMS, from Equation 4.

    (iv) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital equivalent 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR27JY15.016

Where:

X1 = The PM CPMS data points for all runs i.
n = The number of data points.
Oh = Your site specific operating limit, in milliamps or the 
          digital equivalent.

    (v) To determine continuous operating compliance, you must record 
the PM CPMS output data for all periods when the process is operating, 
and use all the PM CPMS data for calculations when the source is not 
out-of-control. You must demonstrate continuous compliance by using all 
quality-assured hourly average data collected by the PM CPMS for all 
operating hours to calculate the arithmetic average operating parameter 
in units of the operating limit (milliamps or the digital equivalent) on 
a 30 operating day rolling average basis, updated at the end of each new 
kiln operating day. Use Equation 7 to determine the 30 kiln operating 
day average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.017

Where:

Hpvi = The hourly parameter value for hour i.

[[Page 417]]

n = The number of valid hourly parameter values collected over 30 kiln 
          operating days.

    (vi) For each performance test, conduct at least three separate test 
runs under the conditions that exist when the affected source is 
operating at the level reasonably expected to occur. Conduct each test 
run to collect a minimum sample volume of 2 dscm for determining 
compliance with a new source limit and 1 dscm for determining compliance 
with an existing source limit. Calculate the time weighted average of 
the results from three consecutive runs, including applicable sources as 
required by paragraph (b)(1)(viii) of this section, to determine 
compliance. You need not determine the particulate matter collected in 
the impingers ``back half'' of the Method 5 or Method 5I particulate 
sampling train to demonstrate compliance with the PM standards of this 
subpart. This shall not preclude the permitting authority from requiring 
a determination of the ``back half'' for other purposes. For kilns with 
inline raw mills, testing must be conducted while the raw mill is on and 
while the raw mill is off. If the exhaust streams of a kiln with an 
inline raw mill and a clinker cooler are comingled, then the comingled 
exhaust stream must be tested with the raw mill on and the raw mill off.
    (vii) For PM performance test reports used to set a PM CPMS 
operating limit, the electronic submission of the test report must also 
include the make and model of the PM CPMS instrument, serial number of 
the instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value or digital equivalent to the instrument zero output, technique by 
which this zero value was determined, and the average milliamp or 
digital equivalent signals corresponding to each PM compliance test run.
    (viii) When there is an alkali bypass and/or an inline coal mill 
with a separate stack associated with a kiln, the main exhaust and 
alkali bypass and/or inline coal mill must be tested simultaneously and 
the combined emission rate of PM from the kiln and alkali bypass and/or 
inline coal mill must be computed for each run using Equation 8 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR27JY15.018

Where:

ECm = Combined hourly emission rate of PM from the kiln and 
          bypass stack and/or inline coal mill, lb/ton of kiln clinker 
          production.
EK = Hourly emissions of PM emissions from the kiln, lb.
EB = Hourly PM emissions from the alkali bypass stack, lb.
EC = Hourly PM emissions from the inline coal mill stack, lb.
P = Hourly clinker production, tons.

    (ix) The owner or operator of a kiln with an in-line raw mill and 
subject to limitations on PM emissions shall demonstrate initial 
compliance by conducting separate performance tests while the raw mill 
is under normal operating conditions and while the raw mill is not 
operating, and calculate the time weighted average emissions. The 
operating limit will then be determined using 63.1349(b)(1)(i) of this 
section.
    (2) Opacity tests. If you are subject to limitations on opacity 
under this subpart, you must conduct opacity tests in accordance with 
Method 9 of appendix A-4 to part 60 of this chapter. The duration of the 
Method 9 performance test must be 3 hours (30 6-minute averages), except 
that the duration of the Method 9 performance test may be reduced to 1 
hour if the conditions of paragraphs (b)(2)(i) and (ii) of this section 
apply. For batch processes that are not run for 3-hour periods or 
longer, compile observations totaling 3 hours when the unit is 
operating.
    (i) There are no individual readings greater than 10 percent 
opacity;

[[Page 418]]

    (ii) There are no more than three readings of 10 percent for the 
first 1-hour period.
    (3) D/F Emissions Tests. If you are subject to limitations on D/F 
emissions under this subpart, you must conduct a performance test using 
Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or 
in-line kiln/raw mill is equipped with an alkali bypass, you must 
conduct simultaneous performance tests of the kiln or in-line kiln/raw 
mill exhaust and the alkali bypass. You may conduct a performance test 
of the alkali bypass exhaust when the raw mill of the in-line kiln/raw 
mill is operating or not operating.
    (i) Each performance test must consist of three separate runs 
conducted under representative conditions. The duration of each run must 
be at least 3 hours, and the sample volume for each run must be at least 
2.5 dscm (90 dscf).
    (ii) The temperature at the inlet to the kiln or in-line kiln/raw 
mill PMCD, and, where applicable, the temperature at the inlet to the 
alkali bypass PMCD must be continuously recorded during the period of 
the Method 23 test, and the continuous temperature record(s) must be 
included in the performance test report.
    (iii) Average temperatures must be calculated for each run of the 
performance test.
    (iv) The run average temperature must be calculated for each run, 
and the average of the run average temperatures must be determined and 
included in the performance test report and will determine the 
applicable temperature limit in accordance with Sec.  63.1346(b).
    (v)(A) If sorbent injection is used for D/F control, you must record 
the rate of sorbent injection to the kiln exhaust, and where applicable, 
the rate of sorbent injection to the alkali bypass exhaust, continuously 
during the period of the Method 23 test in accordance with the 
conditions in Sec.  63.1350(m)(9), and include the continuous injection 
rate record(s) in the performance test report. Determine the sorbent 
injection rate parameters in accordance with paragraph (b)(3)(vi) of 
this section.
    (B) Include the brand and type of sorbent used during the 
performance test in the performance test report.
    (C) Maintain a continuous record of either the carrier gas flow rate 
or the carrier gas pressure drop for the duration of the performance 
test. If the carrier gas flow rate is used, determine, record, and 
maintain a record of the accuracy of the carrier gas flow rate 
monitoring system according to the procedures in appendix A to part 75 
of this chapter. If the carrier gas pressure drop is used, determine, 
record, and maintain a record of the accuracy of the carrier gas 
pressure drop monitoring system according to the procedures in Sec.  
63.1350(m)(6).
    (vi) Calculate the run average sorbent injection rate for each run 
and determine and include the average of the run average injection rates 
in the performance test report and determine the applicable injection 
rate limit in accordance with Sec.  63.1346(c)(1).
    (4) THC emissions test. (i) If you are subject to limitations on THC 
emissions, you must operate a CEMS in accordance with the requirements 
in Sec.  63.1350(i). For the purposes of conducting the accuracy and 
quality assurance evaluations for CEMS, the THC span value (as propane) 
is 50 to 60 ppmvw and the reference method (RM) is Method 25A of 
appendix A to part 60 of this chapter.
    (ii) Use the THC CEMS to conduct the initial compliance test for the 
first 30 kiln operating days of kiln operation after the compliance date 
of the rule. See Sec.  63.1348(a).
    (iii) If kiln gases are diverted through an alkali bypass or to a 
coal mill and exhausted through a separate stack, you must calculate a 
kiln-specific THC limit using Equation 9:
[GRAPHIC] [TIFF OMITTED] TR27JY15.019


[[Page 419]]


Where:

Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).

    (iv) THC must be measured either upstream of the coal mill or the 
coal mill stack.
    (v) Instead of conducting the performance test specified in 
paragraph (b)(4)of this section, you may conduct a performance test to 
determine emissions of total organic HAP by following the procedures in 
paragraph (b)(7) of this section.
    (5) Mercury Emissions Tests. If you are subject to limitations on 
mercury emissions, you must operate a mercury CEMS or a sorbent trap 
monitoring system in accordance with the requirements of Sec.  
63.1350(k). The initial compliance test must be based on the first 30 
kiln operating days in which the affected source operates using a 
mercury CEMS or a sorbent trap monitoring system after the compliance 
date of the rule. See Sec.  63.1348(a).
    (i) If you are using a mercury CEMS or a sorbent trap monitoring 
system, you must install, operate, calibrate, and maintain an instrument 
for continuously measuring and recording the exhaust gas flow rate to 
the atmosphere according to the requirements in Sec.  63.1350(k)(5).
    (ii) Calculate the emission rate using Equation 10 of this section:
    [GRAPHIC] [TIFF OMITTED] TR27JY15.020
    
Where:

E30D = 30-day rolling emission rate of mercury, lb/MM tons 
          clinker.
Ci = Concentration of mercury for operating hour i, [micro]g/
          scm.
Qi = Volumetric flow rate of effluent gas for operating hour 
          i, where Ci and Qi are on the same basis 
          (either wet or dry), scm/hr.
k = Conversion factor, 1 lb/454,000,000 [micro]g.
n = Number of kiln operating hours in the previous 30 kiln operating day 
          period where both C and Qi qualified data are available.
P = Total runs from the previous 30 days of clinker production during 
          the same time period as the mercury emissions measured, 
          million tons.

    (6) HCl emissions tests. For a source subject to limitations on HCl 
emissions you must conduct performance testing by one of the following 
methods:
    (i)(A) If the source is equipped with a wet scrubber, tray tower or 
dry scrubber, you must conduct performance testing using Method 321 of 
appendix A to this part unless you have installed a CEMS that meets the 
requirements Sec.  63.1350(l)(1). For kilns with inline raw mills, 
testing must be conducted for the raw mill on and raw mill off 
conditions.
    (B) You must establish site specific parameter limits by using the 
CPMS required in Sec.  63.1350(l)(1). For a wet scrubber or tray tower, 
measure and record the pressure drop across the scrubber and/or liquid 
flow rate and pH in intervals of no more than 15 minutes during the HCl 
test. Compute and record the 24-hour average pressure drop, pH, and 
average scrubber water flow rate for each sampling run in which the 
applicable emissions limit is met. For a dry scrubber, measure and 
record the sorbent injection rate in intervals of no more than 15 
minutes during the HCl test. Compute and record the 24-hour average 
sorbent injection rate and average sorbent injection rate for each 
sampling run in which the applicable emissions limit is met.
    (ii)(A) If the source is not controlled by a wet scrubber, tray 
tower or dry sorbent injection system, you must operate a CEMS in 
accordance with the requirements of Sec.  63.1350(l)(1). See Sec.  
63.1348(a).
    (B) The initial compliance test must be based on the 30 kiln 
operating days that occur after the compliance date of this rule in 
which the affected source operates using an HCl CEMS. Hourly

[[Page 420]]

HCl concentration data must be obtained according to Sec.  63.1350(l).
    (iii) As an alternative to paragraph (b)(6)(i)(B) of this section, 
you may choose to monitor SO2 emissions using a CEMS in 
accordance with the requirements of Sec.  63.1350(l)(3). You must 
establish an SO2 operating limit equal to the average 
recorded during the HCl stack test where the HCl stack test run result 
demonstrates compliance with the emission limit. This operating limit 
will apply only for demonstrating HCl compliance.
    (iv) If kiln gases are diverted through an alkali bypass or to a 
coal mill and exhausted through a separate stack, you must calculate a 
kiln-specific HCl limit using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR27JY15.021

Where:

Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).

    (v) As an alternative to paragraph (b)(6)(ii) of this section, the 
owner or operator may demonstrate initial compliance by conducting a 
performance test using Method 321 of appendix A to this part. You must 
also monitor continuous performance through use of an HCl CPMS according 
to paragraphs (b)(6)(v)(A) through (H) of this section. For kilns with 
inline raw mills, compliance testing and monitoring HCl to establish the 
site specific operating limit must be conducted during both raw mill on 
and raw mill off conditions.
    (A) For your HCl CPMS, you must establish a 30 kiln operating day 
site-specific operating limit. If your HCl performance test demonstrates 
your HCl emission levels to be less than 75 percent of your emission 
limit (2.25 ppmvd @7% O2), you must use the time weighted 
average HCl CPMS indicated value recorded during the HCl compliance test 
(typically measured as ppmvw HCl at stack O2 concentration, 
but a dry, oxygen corrected value would also suffice), your HCl 
instrument zero output value, and the time weighted average HCl result 
of your compliance test to establish your operating limit. If your HCl 
compliance test demonstrates your HCl emission levels to be at or above 
75 percent of your emission limit (2.25 ppmvd @7% O2), you 
must use the time weighted average HCl CPMS indicated value recorded 
during the HCl compliance test as your operating limit. You must use the 
HCl CPMS indicated signal data to demonstrate continuous compliance with 
your operating limit.
    (1) Your HCl CPMS must provide a ppm HCl concentration output and 
the establishment of its relationship to manual reference method 
measurements must be determined in units of indicated ppm. The 
instrument signal may be in ppmvw or ppmvd and the signal may be a 
measurement of HCl at in-stack concentration or a corrected oxygen 
concentration. Once the relationship between the indicated output of the 
HCl CPMS and the reference method test results is established, the HCl 
CPMS instrument measurement basis (ppmvw or ppmvd, or oxygen correction 
basis) must not be altered. Likewise, any setting that impacts the HCl 
CPMS indicated HCl response must remain fixed after the site-specific 
operating limit is set.
    (2) Your HCl CPMS operating range must be capable of reading HCl 
concentrations from zero to a level equivalent to 125 percent of the 
highest expected value during mill off operation. If your HCl CPMS is an 
auto-ranging instrument capable of multiple scales, the primary range of 
the instrument must be capable of reading an indicated HCl concentration 
from zero to 10 ppm.
    (3) During the initial performance test of a kiln with an inline raw 
mill, or any such subsequent performance test that demonstrates 
compliance

[[Page 421]]

with the HCl limit, record and average the indicated ppm HCl output 
values from the HCl CPMS for each of the six periods corresponding to 
the compliance test runs (e.g., average each of your HCl CPMS output 
values for six corresponding Method 321 test runs). With the average 
values of the six test runs, calculate the average of the three mill on 
test runs and the average of the three mill off test runs. Calculate the 
time weighted result using the average of the three mill on tests and 
the average of the three mill off tests and the previous annual ratio of 
mill on/mill off operations. Kilns without an inline raw mill will 
conduct three compliance tests and calculate the average monitor output 
values corresponding to these three test runs and not use time weighted 
values to determine their site specific operating limit.
    (B) Determine your operating limit as specified in paragraphs 
(b)(6)(i) or (iii) of this section. If your HCl performance test 
demonstrates your HCl emission levels to be below 75 percent of your 
emission limit, kilns with inline raw mills will use the time weighted 
average indicated HCl ppm concentration CPMS value recorded during the 
HCl compliance test, the zero value output from your HCl CPMS, and the 
time weighted average HCl result of your compliance test to establish 
your operating limit. Kilns without inline raw mills will not use a time 
weighted average value to establish their operating limit. If your time 
weighted HCl compliance test demonstrates your HCl emission levels to be 
at or above 75 percent of your emission limit, you will use the time 
weighted HCl CPMS indicated ppm value recorded during the HCl compliance 
test to establish your operating limit. Kilns without inline raw mills 
will not use time weighted compliance test results to make this 
determination. You must verify an existing operating limit or establish 
a new operating limit for each kiln, after each repeated performance 
test.
    (C) If the average of your three Method 321 compliance test runs 
(for kilns without an inline raw mill) or the time weighted average of 
your six Method 321 compliance test runs (for an kiln with an inline raw 
mill) is below 75 percent of your HCl emission limit, you must calculate 
an operating limit by establishing a relationship of the average HCl 
CPMS indicated ppm to the Method 321 test average HCl concentration 
using the HCl CPMS instrument zero, the average HCl CPMS indicated 
values corresponding to the three (for kilns without inline raw mills) 
or time weighted HCl CPMS indicated values corresponding to the six (for 
kilns with inline raw mills) compliance test runs, and the average HCl 
concentration (for kilns without raw mills) or average time weighted HCl 
concentration (for kilns with inline raw mills) from the Method 321 
compliance test with the procedures in paragraphs (b)(6)(v)(C)(1) 
through (5) of this section.
    (1) Determine your HCl CPMS instrument zero output with one of the 
following procedures:
    (i) Zero point data for in situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (ii) If neither of the steps in paragraphs (b)(6)(v)(C)(1)(i) 
through (ii) of this section are possible, you must use a zero output 
value provided by the manufacturer.
    (2) If your facility does not have an inline raw mill you will 
determine your HCl CPMS indicated average in HCl ppm, and the average of 
your corresponding three HCl compliance test runs, using equation 11a.
[GRAPHIC] [TIFF OMITTED] TR25JY16.018


[[Page 422]]


Where:

Xi = The HCl CPMS data points for the three (or six) runs 
          constituting the performance test;
Yi = The HCl concentration value for the three (or six) runs 
          constituting the performance test; and
n = The number of data points.

    (3) You will determine your HCl CPMS indicated average in HCl ppm, 
and the average of your corresponding HCl compliance test runs, using 
equation 11b. If you have an inline raw mill, use this same equation to 
calculate a second three-test average for your mill off CPMS and 
compliance test data.
[GRAPHIC] [TIFF OMITTED] TR25JY16.019

Where:

Xi = The HCl CPMS data points for the three runs constituting 
          the mill on OR mill off performance test;
Yi = The HCl concentration value for the three runs 
          constituting the mill on OR mill off performance test; and
n = The number of data points.

    (4) With your instrument zero expressed in ppm, your average HCl 
CPMS ppm value, and your HCl compliance test average, determine a 
relationship of performance test HCl (as ppmvd @7% O2) 
concentration per HCl CPMS indicated ppm with Equation 11c.
[GRAPHIC] [TIFF OMITTED] TR25JY16.020

Where:

R = The relative performance test concentration per indicated ppm for 
          your HCl CPMS;
Y1 = The average HCl concentration as ppmvd @7% O2 
          during the performance test;
X1 = The average indicated ppm output from your HCl CPMS; and
z = The ppm of your instrument zero determined from paragraph 
          (b)(6)(v)(C)(1) of this section.

    (5) Determine your source specific 30 kiln operating day operating 
limit using HC1 CPMS indicated value from Equation 11c in Equation 11d, 
below. This sets your operating limit at the HC1 CPMS output value 
corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR25JY16.021

Where:

Ol = The operating limit for your HCl CPMS on a 30 kiln 
          operating day average, as indicated ppm;
L = 3 ppmvd @7% O2;
z = Your instrument zero, determined from paragraph (b)(6)(v)(C)(1) of 
          this section ; and

[[Page 423]]

R = The relative performance test concentration per indicated ppm for 
          your HCl CPMS, from Equation 11c.

    (D) If the average of your HCl compliance test runs is at or above 
75 percent of your HCl emission limit (2.25 ppmvd@7% O2) you 
must determine your operating limit by averaging the HCl CPMS output 
corresponding to your HCl performance test runs that demonstrate 
compliance with the emission limit using Equation 11e.
[GRAPHIC] [TIFF OMITTED] TR25JY16.022

Where:

Oh = Your site specific HCl CPMS operating limit, in 
          indicated ppm.
Xi = The HCl CPMS data points for all runs i.
n = The number of data points.

    (E) To determine continuous compliance with the operating limit, you 
must record the HCl CPMS indicated output data for all periods when the 
process is operating and use all the HCl CPMS data for calculations when 
the source is not out of control. You must demonstrate continuous 
compliance with the operating limit by using all quality-assured hourly 
average data collected by the HCl CPMS for all operating hours to 
calculate the arithmetic average operating parameter in units of the 
operating limit (ppmvw) on a 30 kiln operating day rolling average 
basis, updated at the end of each new kiln operating day. Use Equation 
11f to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR25JY16.023

Where:

30 kiln operating day parameter average = The average indicated value 
          for the CPMS parameter over the previous 30 days of kiln 
          operation;
Hpvi = The hourly parameter value for hour i; and
n = The number of valid hourly parameter values collected over 30 kiln 
          operating days.

    (F) If you exceed the 30 kiln operating day operating limit, you 
must evaluate the control system operation and re-set the operating 
limit.
    (G) The owner or operator of a kiln with an inline raw mill and 
subject to limitations on HCl emissions must demonstrate initial 
compliance by conducting separate performance tests while the raw mill 
is on and while the raw mill is off. Using the fraction of time the raw 
mill is on calculate your HCl CPMS limit as a weighted average of the 
HCl CPMS indicated values measured during raw mill on and raw mill off 
compliance testing using Equation 11g.
[GRAPHIC] [TIFF OMITTED] TR25JY16.024

Where:

R = HCl CPMS operating limit;
b = Average indicated HCl CPMS value during mill on operations, ppm;
t = Fraction of operating time with mill on;

[[Page 424]]

a = Average indicated HCl CPMS value during mill off operations ppm; and
(1-t) = Fraction of operating time with mill off.

    (H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at 
which time the owner or operator must demonstrate compliance with 
paragraphs (b)(6)(i), (ii), or (iii).
    (7) Total Organic HAP Emissions Tests. Instead of conducting the 
performance test specified in paragraph (b)(4) of this section, you may 
conduct a performance test to determine emissions of total organic HAP 
by following the procedures in paragraphs (b)(7)(i) through (v) of this 
section.
    (i) Use Method 320 of appendix A to this part, Method 18 of Appendix 
A of part 60, ASTM D6348-03 or a combination to determine emissions of 
total organic HAP. Each performance test must consist of three separate 
runs under the conditions that exist when the affected source is 
operating at the representative performance conditions in accordance 
with Sec.  63.7(e). Each run must be conducted for at least 1 hour.
    (ii) At the same time that you are conducting the performance test 
for total organic HAP, you must also determine a site-specific THC 
emissions limit by operating a THC CEMS in accordance with the 
requirements of Sec.  63.1350(j). The duration of the performance test 
must be at least 3 hours and the average THC concentration (as 
calculated from the recorded output) during the 3-hour test must be 
calculated. You must establish your THC operating limit and determine 
compliance with it according to paragraphs (b)(7)(vii) and (viii) of 
this section. It is permissible to extend the testing time of the 
organic HAP performance test if you believe extended testing is required 
to adequately capture organic HAP and/or THC variability over time.
    (iii) If your source has an in-line kiln/raw mill you must use the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off and calculate this limit as a weighted average of the 
THC levels measured during three raw mill on and three raw mill off 
tests.
    (iv) If your organic HAP emissions are below 75 percent of the 
organic HAP standard and you determine your operating limit with 
paragraph (b)(7)(vii) of this section your THC CEMS must be calibrated 
and operated on a measurement scale no greater than 180 ppmvw, as 
carbon, or 60 ppmvw as propane.
    (v) If your kiln has an inline coal mill and/or an alkali bypass 
with separate stacks, you are required to measure and account for oHAP 
emissions from their separate stacks. You are required to measure oHAP 
at the coal mill inlet or outlet and you must also measure oHAP at the 
alkali bypass outlet. You must then calculate a flow weighted average 
oHAP concentration for all emission sources including the inline coal 
mill and the alkali bypass.
    (vi) Your THC CEMS measurement scale must be capable of reading THC 
concentrations from zero to a level equivalent to two times your highest 
THC emissions average determined during your performance test, including 
mill on or mill off operation. Note: This may require the use of a dual 
range instrument to meet this requirement and paragraph (b)(7)(iv) of 
this section.
    (vii) Determine your operating limit as specified in paragraphs 
(b)(7)(viii) and (ix) of this section. If your organic HAP performance 
test demonstrates your average organic HAP emission levels are below 75 
percent of your emission limit (9 ppmv) you will use the average THC 
value recorded during the organic HAP performance test, and the average 
total organic HAP result of your performance test to establish your 
operating limit. If your organic HAP compliance test results demonstrate 
that your average organic HAP emission levels are at or above 75 percent 
of your emission limit, your operating limit is established as the 
average THC value recorded during the organic HAP performance test. You 
must establish a new operating limit after each performance test. You 
must repeat the performance test no later than 30 months following your 
last performance test and reassess and adjust the site-specific 
operating limit in accordance with the results of the performance test.
    (viii) If the average organic HAP results for your three Method 18 
and/or Method 320 performance test runs are

[[Page 425]]

below 75 percent of your organic HAP emission limit, you must calculate 
an operating limit by establishing a relationship of THC CEMS signal to 
the organic HAP concentration using the average THC CEMS value 
corresponding to the three organic HAP compliance test runs and the 
average organic HAP total concentration from the Method 18 and/or Method 
320 performance test runs with the procedures in (b)(7)(viii)(A) and (B) 
of this section.
    (A) Determine the THC CEMS average value in ppmvw, and the average 
of your corresponding three total organic HAP compliance test runs, 
using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR07OC20.012

    Where:

x = The average THC CEMS value in ppmvw, as propane.
Xi = The THC CEMS data points in ppmvw, as propane, for all 
          three test runs.
y = The average organic HAP value in ppmvd, corrected to 7 percent 
          oxygen.
Yi = The organic HAP concentrations in ppmvd, corrected to 7 
          percent oxygen, for all three test runs.
n = The number of data points.

    (B) You must use your 3-run average THC CEMS value and your 3-run 
average organic HAP concentration from your Method 18 and/or Method 320 
compliance tests to determine the operating limit. Use equation 13 to 
determine your operating limit in units of ppmvw THC, as propane.
[GRAPHIC] [TIFF OMITTED] TR07OC20.013

    Where:

Tl = The 30-day operating limit for your THC CEMS, ppmvw, as 
          propane.
y = The average organic HAP concentration from Eq. 12, ppmvd, corrected 
          to 7 percent oxygen.
x = The average THC CEMS concentration from Eq. 12, ppmvw, as propane.
9 = 75 percent of the organic HAP emissions limit (12 ppmvd, corrected 
          to 7 percent oxygen)

    (ix) If the average of your three organic HAP performance test runs 
is at or above 75 percent of your organic HAP emission limit, you must 
determine your operating limit using Equation 14 by averaging the THC 
CEMS output values corresponding to your three organic HAP performance 
test runs that demonstrate compliance with the emission limit. If your 
new THC CEMS value is below your current operating limit, you may opt to 
retain your current operating limit, but you must still submit all 
performance test and THC CEMS data according to the reporting 
requirements in paragraph (d)(1) of this section.
[GRAPHIC] [TIFF OMITTED] TR27JY15.024

Where:

X1 = The THC CEMS data points for all runs i.
n = The number of data points.
Th = Your site specific operating limit, in ppmvw THC.


[[Page 426]]


    (x) If your kiln has an inline kiln/raw mill, you must conduct 
separate performance tests while the raw mill is operating (``mill on'') 
and while the raw mill is not operating (``mill off''). Using the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off, calculate this limit as a weighted average of the THC 
levels measured during raw mill on and raw mill off compliance testing 
with Equation 15.
[GRAPHIC] [TIFF OMITTED] TR27JY15.025

Where:

R = Operating limit as THC, ppmvw.
y = Average THC CEMS value during mill on operations, ppmvw.
t = Percentage of operating time with mill on.
x = Average THC CEMS value during mill off operations, ppmvw.
(1-t) = Percentage of operating time with mill off.

    (xi) To determine continuous compliance with the THC operating 
limit, you must record the THC CEMS output data for all periods when the 
process is operating and the THC CEMS is not out-of-control. You must 
demonstrate continuous compliance by using all quality-assured hourly 
average data collected by the THC CEMS for all operating hours to 
calculate the arithmetic average operating parameter in units of the 
operating limit (ppmvw) on a 30 operating day rolling average basis, 
updated at the end of each new kiln operating day. Use Equation 16 to 
determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.026

Where:

Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 kiln 
          operating days.

    (xii) Use EPA Method 18 or Method 320 of appendix A to part 60 of 
this chapter to determine organic HAP emissions. For each performance 
test, conduct at least three separate runs under the conditions that 
exist when the affected source is operating at the level reasonably 
expected to occur. If your source has an in-line kiln/raw mill you must 
conduct three separate test runs with the raw mill on, and three 
separate runs under the conditions that exist when the affected source 
is operating at the level reasonably expected to occur with the mill 
off. Conduct each Method 18 test run to collect a minimum target sample 
equivalent to three times the method detection limit. Calculate the 
average of the results from three runs to determine compliance.
    (xiii) If the THC level exceeds by 10 percent or more your site-
specific THC emissions limit, you must
    (A) As soon as possible but no later than 30 days after the 
exceedance, conduct an inspection and take corrective action to return 
the THC CEMS measurements to within the established value; and
    (B) Within 90 days of the exceedance or at the time of the 30 month 
compliance test, whichever comes first, conduct another performance test 
to determine compliance with the organic HAP limit and to verify or re-
establish your site-specific THC emissions limit.
    (8) HCl Emissions Tests with SO2 Monitoring. If you 
choose to monitor SO2 emissions using a CEMS to demonstrate 
HCl compliance, follow the procedures in (b)(8)(i) through (ix) of

[[Page 427]]

this section and in accordance with the requirements of Sec.  
63.1350(l)(3). You must establish an SO2 operating limit 
equal to the average recorded during the HCl stack test. This operating 
limit will apply only for demonstrating HCl compliance.
    (i) Use Method 321 of appendix A to this part to determine emissions 
of HCl. Each performance test must consist of three separate runs under 
the conditions that exist when the affected source is operating at the 
representative performance conditions in accordance with Sec.  63.7(e). 
Each run must be conducted for at least one hour.
    (ii) At the same time that you are conducting the performance test 
for HCl, you must also determine a site-specific SO2 
emissions limit by operating an SO2 CEMS in accordance with 
the requirements of Sec.  63.1350(l). The duration of the performance 
test must be three hours and the average SO2 concentration 
(as calculated from the average output) during the 3-hour test must be 
calculated. You must establish your SO2 operating limit and 
determine compliance with it according to paragraphs (b)(8)(vii) and 
(viii) of this section.
    (iii) If your source has an in-line kiln/raw mill you must use the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off and calculate this limit as a weighted average of the 
SO2 levels measured during raw mill on and raw mill off 
testing.
    (iv) Your SO2 CEMS must be calibrated and operated 
according to the requirements of Sec.  60.63(f).
    (v) Your SO2 CEMS measurement scale must be capable of 
reading SO2 concentrations consistent with the requirements 
of Sec.  60.63(f), including mill on or mill off operation.
    (vi) If your kiln has an inline kiln/raw mill, you must conduct 
separate performance tests while the raw mill is operating (``mill on'') 
and while the raw mill is not operating (``mill off''). Using the 
fraction of time that the raw mill is on and the fraction of time that 
the raw mill is off, calculate this limit as a weighted average of the 
SO2 levels measured during raw mill on and raw mill off 
compliance testing with Equation 17.
[GRAPHIC] [TIFF OMITTED] TR07OC20.014

    Where:

R = Operating limit as SO2, ppmv.
y = Average SO2 CEMS value during mill on operations, ppmv.
t = Percentage of operating time with mill on, expressed as a decimal.
x = Average SO2 CEMS value during mill off operations, ppmv.
1-t = Percentage of operating time with mill off, expressed as a 
          decimal.

    (vii) If the average of your three HCl compliance test runs is below 
75 percent of your HCl emission limit, you may as a compliance 
alternative, calculate an operating limit by establishing a relationship 
of SO2 CEMS signal to your HCl concentration corrected to 7 
percent O2 by using the SO2 CEMS instrument zero, 
the average SO2 CEMS values corresponding to the three 
compliance test runs, and the average HCl concentration from the HCl 
compliance test with the procedures in (b)(8)(vii)(A) through (D) of 
this section.
    (A) Determine your SO2 CEMS instrument zero output with 
one of the following procedures:
    (1) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (2) Zero point data for extractive instruments may be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (3) The zero point may also be established by performing probe-flood 
introduction of high purity nitrogen or certified zero air free of 
SO2.
    (4) If none of the steps in paragraphs (b)(8)(vii)(A)(1) through (3) 
of this section are possible, you must use a zero output value provided 
by the manufacturer.

[[Page 428]]

    (B) Determine your SO2 CEMS instrument average ppmv, and 
the average of your corresponding three HCl compliance test runs, using 
Equation 18.
[GRAPHIC] [TIFF OMITTED] TR07OC20.015

    Where:

x = The average SO2 CEMS value in ppmv.
X1 = The SO2 CEMS data points in ppmv for the 
          three runs constituting the performance test.
y = The average HCl value in ppmvd, corrected to 7 percent oxygen.
Y1 = The HCl emission concentration expressed as ppmvd, 
          corrected to 7 percent oxygen for the threeruns constituting 
          the performance test.
n = The number of data points.

    (C) With your instrument zero expressed in ppmv, your SO2 
CEMS three run average expressed in ppmv, and your 3-run HCl compliance 
test average in ppmvd, corrected to 7 percent O2, determine a 
relationship of ppmvd HCl corrected to 7 percent O2 per ppmv 
SO2 with Equation 19.
[GRAPHIC] [TIFF OMITTED] TR07OC20.016

    Where:

R = The relative HCl ppmvd, corrected to 7 percent oxygen, 
          per ppmv SO2 for your SO2 CEMS.
y = The average HCl concentration from Eq. 18 in ppmvd, corrected to 7 
          percent oxygen.
x = The average SO2 CEMS value from Eq. 18 in ppmv.
z = The instrument zero output ppmv value.

    (D) Determine your source specific 30-day rolling average operating 
limit using ppm HCl corrected to 7 percent O2 per ppm 
SO2 value from Equation 19 in Equation 20, below. This sets 
your operating limit at the SO2 CEMS ppm value corresponding 
to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR27JY15.030

Where:

Ol = The operating limit for your SO2 CEMS on a 
          30-day rolling average, in ppmv.
L = Your source HCl emission limit expressed in ppmv corrected to 7 
          percent O2.
z = Your instrument zero in ppmv, determined from (1)(i).
R = The relative oxygen corrected ppmv HCl per ppmv SO2, for 
          your SO2 CEMS, from Equation 19.

    (viii) To determine continuous compliance with the SO2 
operating limit, you must record the SO2 CEMS output data for 
all periods when the process is operating and the SO2 CEMS is 
not out-of-control. You must demonstrate continuous compliance by using 
all quality-assured hourly average data collected by the SO2 
CEMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (ppmvw) on a 30 
operating day rolling average basis, updated at the end of each new kiln 
operating day. Use Equation 21 to determine the 30 kiln operating day 
average.

[[Page 429]]

[GRAPHIC] [TIFF OMITTED] TR27JY15.031

Where:

Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 kiln 
          operating days.

    (ix) Use EPA Method 321 of appendix A to part 60 of this chapter to 
determine HCl emissions. For each performance test, conduct at least 
three separate runs under the conditions that exist when the affected 
source is operating at the level reasonably expected to occur. If your 
source has an in-line kiln/raw mill you must conduct three separate test 
runs with the raw mill on, and three separate runs under the conditions 
that exist when the affected source is operating at the level reasonably 
expected to occur with the mill off.
    (x) If the SO2 level exceeds by 10 percent or more your 
site-specific SO2 emissions limit, you must:
    (A) As soon as possible but no later than 30 days after the 
exceedance, conduct an inspection and take corrective action to return 
the SO2 CEMS measurements to within the established value;
    (B) Within 90 days of the exceedance or at the time of the periodic 
compliance test, whichever comes first, conduct another performance test 
to determine compliance with the HCl limit and to verify or re-establish 
your site-specific SO2 emissions limit.
    (c) Performance test frequency. Except as provided in Sec.  
63.1348(b), performance tests are required at regular intervals for 
affected sources that are subject to a dioxin, organic HAP or HCl 
emissions limit. Performance tests required every 30 months must be 
completed no more than 31 calendar months after the previous performance 
test except where that specific pollutant is monitored using CEMS; 
performance tests required every 12 months must be completed no more 
than 13 calendar months after the previous performance test.
    (d) [Reseved]
    (e) Conditions of performance tests. Conduct performance tests under 
such conditions as the Administrator specifies to the owner or operator 
based on representative performance of the affected source for the 
period being tested. Upon request, you must make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.

[75 FR 55057, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 
80 FR 44781, July 27, 2015; 80 FR 54729, Sept. 11, 2015; 81 FR 48359, 
July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR 39673, Aug. 22, 2017; 
83 FR 35132, July 25, 2018; 85 FR 63418, Oct. 7, 2020]



Sec.  63.1350  Monitoring requirements.

    (a)(1) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of this section.
    (2) [Reserved]
    (3) For each existing unit that is equipped with a CMS, maintain the 
average emissions or the operating parameter values within the operating 
parameter limits established through performance tests.
    (4) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements of this section is a violation.
    (b) PM monitoring requirements. (1)(i) PM CPMS. You will use a PM 
CPMS to establish a site-specific operating limit corresponding to the 
results of the performance test demonstrating compliance with the PM 
limit. You will conduct your performance test using Method 5 or Method 
5I at appendix A-3 to part 60 of this chapter. You will use the PM CPMS 
to demonstrate continuous compliance with this operating limit. You must 
repeat the performance test annually and reassess and adjust the site-
specific operating limit in accordance with the results of the 
performance test using the procedures in Sec.  63.1349(b)(1) (i) through 
(vi) of this subpart. You must also repeat the test if you change the 
analytical range of

[[Page 430]]

the instrument, or if you replace the instrument itself or any principle 
analytical component of the instrument that would alter the relationship 
of output signal to in-stack PM concentration.
    (ii) To determine continuous compliance, you must use the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (milliamps) on a 30 
operating day rolling average basis, updated at the end of each new kiln 
operating day.
    (iii) For any exceedance of the 30 process operating day PM CPMS 
average value from the established operating parameter limit, you must:
    (A) Within 48 hours of the exceedance, visually inspect the APCD;
    (B) If inspection of the APCD identifies the cause of the 
exceedance, take corrective action as soon as possible and return the PM 
CPMS measurement to within the established value; and
    (C) Within 30 days of the exceedance or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify or re-establish the PM CPMS operating limit within 45 days. 
You are not required to conduct additional testing for any exceedances 
that occur between the time of the original exceedance and the PM 
emissions compliance test required under this paragraph.
    (iv) PM CPMS exceedances leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a presumptive violation of this subpart.
    (2) [Reserved]
    (c) [Reserved]
    (d) Clinker production monitoring requirements. In order to 
determine clinker production, you must:
    (1) Determine hourly clinker production by one of two methods:
    (i) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates in tons-mass per hour of 
the amount of clinker produced. The system of measuring hourly clinker 
production must be maintained within 5 percent 
accuracy, or
    (ii) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates in tons-mass per hour of 
the amount of feed to the kiln. The system of measuring feed must be 
maintained within 5 percent accuracy. Calculate 
your hourly clinker production rate using a kiln-specific feed to 
clinker ratio based on reconciled clinker production determined for 
accounting purposes and recorded feed rates. Update this ratio monthly. 
Note that if this ratio changes at clinker reconciliation, you must use 
the new ratio going forward, but you do not have to retroactively change 
clinker production rates previously estimated.
    (iii) [Reserved]
    (2) Determine, record, and maintain a record of the accuracy of the 
system of measuring hourly clinker production (or feed mass flow if 
applicable) before initial use (for new sources) or by the effective 
compliance date of this rule (for existing sources). During each quarter 
of source operation, you must determine, record, and maintain a record 
of the ongoing accuracy of the system of measuring hourly clinker 
production (or feed mass flow).
    (3) If you measure clinker production directly, record the daily 
clinker production rates; if you measure the kiln feed rates and 
calculate clinker production, record the hourly kiln feed and clinker 
production rates.
    (4) Develop an emissions monitoring plan in accordance with 
paragraphs (p)(1) through (p)(4) of this section.
    (e) [Reserved]
    (f) Opacity monitoring requirements. If you are subject to a 
limitation on opacity under Sec.  63.1345, you must conduct required 
opacity monitoring in accordance with the provisions of paragraphs 
(f)(1)(i) through (vii) of this section and in accordance with your 
monitoring plan developed under Sec.  63.1350(p). You must also develop 
an opacity monitoring plan in accordance with paragraphs (p)(1) through 
(4) and paragraph (o)(5), if applicable, of this section.

[[Page 431]]

    (1)(i) You must conduct a monthly 10-minute visible emissions test 
of each affected source in accordance with Method 22 of appendix A-7 to 
part 60 of this chapter. The performance test must be conducted while 
the affected source is in operation.
    (ii) If no visible emissions are observed in six consecutive monthly 
tests for any affected source, the owner or operator may decrease the 
frequency of performance testing from monthly to semi-annually for that 
affected source. If visible emissions are observed during any semi-
annual test, you must resume performance testing of that affected source 
on a monthly basis and maintain that schedule until no visible emissions 
are observed in six consecutive monthly tests.
    (iii) If no visible emissions are observed during the semi-annual 
test for any affected source, you may decrease the frequency of 
performance testing from semi-annually to annually for that affected 
source. If visible emissions are observed during any annual performance 
test, the owner or operator must resume performance testing of that 
affected source on a monthly basis and maintain that schedule until no 
visible emissions are observed in six consecutive monthly tests.
    (iv) If visible emissions are observed during any Method 22 
performance test, of appendix A-7 to part 60 of this chapter, you must 
conduct 30 minutes of opacity observations, recorded at 15-second 
intervals, in accordance with Method 9 of appendix A-4 to part 60 of 
this chapter. The Method 9 performance test, of appendix A-4 to part 60 
of this chapter, must begin within 1 hour of any observation of visible 
emissions.
    (v) Any totally enclosed conveying system transfer point, regardless 
of the location of the transfer point is not required to conduct Method 
22 visible emissions monitoring under this paragraph. The enclosures for 
these transfer points must be operated and maintained as total 
enclosures on a continuing basis in accordance with the facility 
operations and maintenance plan.
    (vi) If any partially enclosed or unenclosed conveying system 
transfer point is located in a building, you must conduct a Method 22 
performance test, of appendix A-7 to part 60 of this chapter, according 
to the requirements of paragraphs (f)(1)(i) through (iv) of this section 
for each such conveying system transfer point located within the 
building, or for the building itself, according to paragraph (f)(1)(vii) 
of this section.
    (vii) If visible emissions from a building are monitored, the 
requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this section 
apply to the monitoring of the building, and you must also test visible 
emissions from each side, roof, and vent of the building for at least 10 
minutes.
    (2)(i) For a raw mill or finish mill, you must monitor opacity by 
conducting daily visible emissions observations of the mill sweep and 
air separator PM control devices (PMCD) of these affected sources in 
accordance with the procedures of Method 22 of appendix A-7 to part 60 
of this chapter. The duration of the Method 22 performance test must be 
6 minutes.
    (ii) Within 24 hours of the end of the Method 22 performance test in 
which visible emissions were observed, the owner or operator must 
conduct a follow up Method 22 performance test of each stack from which 
visible emissions were observed during the previous Method 22 
performance test.
    (iii) If visible emissions are observed during the follow-up Method 
22 performance test required by paragraph (f)(2)(ii) of this section 
from any stack from which visible emissions were observed during the 
previous Method 22 performance test required by paragraph (f)(2)(i) of 
the section, you must then conduct an opacity test of each stack from 
which emissions were observed during the follow up Method 22 performance 
test in accordance with Method 9 of appendix A-4 to part 60 of this 
chapter. The duration of the Method 9 test must be 30 minutes.
    (3) If visible emissions are observed during any Method 22 visible 
emissions test conducted under paragraphs (f)(1) or (2) of this section, 
you must initiate, within one-hour, the corrective actions specified in 
your operation and maintenance plan as required in Sec.  63.1347.
    (4) The requirements under paragraph (f)(2) of this section to 
conduct daily Method 22 testing do not apply to

[[Page 432]]

any specific raw mill or finish mill equipped with a COMS or BLDS.
    (i) If the owner or operator chooses to install a COMS in lieu of 
conducting the daily visible emissions testing required under paragraph 
(f)(2) of this section, then the COMS must be installed at the outlet of 
the PM control device of the raw mill or finish mill and the COMS must 
be installed, maintained, calibrated, and operated as required by the 
general provisions in subpart A of this part and according to PS-1 of 
appendix B to part 60 of this chapter.
    (ii) If you choose to install a BLDS in lieu of conducting the daily 
visible emissions testing required under paragraph (f)(2) of this 
section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10) 
and (m)(11) of this section apply.
    (g) D/F monitoring requirements. If you are subject to an emissions 
limitation on D/F emissions, you must comply with the monitoring 
requirements of paragraphs (g)(1) through (5) and (m)(1) through (4) of 
this section to demonstrate continuous compliance with the D/F emissions 
standard. You must also develop an emissions monitoring plan in 
accordance with paragraphs (p)(1) through (4) of this section.
    (1) You must install, calibrate, maintain, and continuously operate 
a CMS to record the temperature of the exhaust gases from the kiln and 
alkali bypass, if applicable, at the inlet to, or upstream of, the kiln 
and/or alkali bypass PMCDs.
    (i) The temperature recorder response range must include zero and 
1.5 times the average temperature established according to the 
requirements in Sec.  63.1349(b)(3)(iv).
    (ii) The calibration reference for the temperature measurement must 
be a National Institute of Standards and Technology calibrated reference 
thermocouple-potentiometer system or alternate reference, subject to 
approval by the Administrator.
    (iii) The calibration of all thermocouples and other temperature 
sensors must be verified at least once every three months.
    (2) You must monitor and continuously record the temperature of the 
exhaust gases from the kiln and alkali bypass, if applicable, at the 
inlet to the kiln and/or alkali bypass PMCD.
    (3) The required minimum data collection frequency must be one 
minute.
    (4) Every hour, record the calculated rolling three-hour average 
temperature using the average of 180 successive one-minute average 
temperatures. See Sec.  63.1349(b)(3).
    (5) When the operating status of the raw mill of the in-line kiln/
raw mill is changed from off to on or from on to off, the calculation of 
the three-hour rolling average temperature must begin anew, without 
considering previous recordings.
    (h) Monitoring requirements for sources using sorbent injection. If 
you are subject to an operating limit on D/F emissions that employs 
carbon injection as an emission control technique, you must comply with 
the additional monitoring requirements of paragraphs (h)(1) and (h)(2) 
and paragraphs (m)(1) through (m)(4) and (m)(9) of this section. You 
must also develop an emissions monitoring plan in accordance with 
paragraphs (p)(1) through (p)(4) of this section.
    (1) Install, operate, calibrate, and maintain a continuous monitor 
to record the rate of activated carbon injection. The accuracy of the 
rate measurement device must be 1 percent of the 
rate being measured.
    (i) Verify the calibration of the device at least once every three 
months.
    (ii) Each hour, calculate the three-hour rolling average activated 
carbon injection rate for the previous three hours of process operation. 
See Sec.  63.1349(b)(3).
    (iii) When the operating status of the raw mill of the in-line kiln/
raw mill is changed from off to on or from on to off, the calculation of 
the three-hour rolling average activated carbon injection rate must 
begin anew, without considering previous recordings.
    (2)(i) Install, operate, calibrate, and maintain a continuous 
monitor to record the activated carbon injection system carrier gas 
parameter (either the carrier gas flow rate or the carrier gas pressure 
drop) established during the D/F performance test in accordance with 
Sec.  63.1349(b)(3).

[[Page 433]]

    (ii) Each hour, calculate the 3-hour rolling average of the selected 
parameter value for the previous 3 hours of process operation using all 
of the one-minute data available (i.e., the CMS is not out-of-control).
    (i) THC Monitoring Requirements. If you are subject to an emissions 
limitation on THC emissions, you must comply with the monitoring 
requirements of paragraphs (i)(1) and (i)(2) and (m)(1) through (m)(4) 
of this section. You must also develop an emissions monitoring plan in 
accordance with paragraphs (p)(1) through (p)(4) of this section.
    (1) You must install, operate, and maintain a THC continuous 
emission monitoring system in accordance with Performance Specification 
8 or Performance Specification 8A of appendix B to part 60 of this 
chapter and comply with all of the requirements for continuous 
monitoring systems found in the general provisions, subpart A of this 
part. The owner or operator must operate and maintain each CEMS 
according to the quality assurance requirements in Procedure 1 of 
appendix F in part 60 of this chapter. For THC continuous emission 
monitoring systems certified under Performance Specification 8A, conduct 
the relative accuracy test audits required under Procedure 1 in 
accordance with Performance Specification 8, Sections 8 and 11 using 
Method 25A in appendix A to 40 CFR part 60 as the reference method; the 
relative accuracy must meet the criteria of Performance Specification 8, 
Section 13.2.
    (2) Performance tests on alkali bypass and coal mill stacks must be 
conducted using Method 25A in appendix A to 40 CFR part 60 and repeated 
every 30 months.
    (j) Total organic HAP monitoring requirements. If you are complying 
with the total organic HAP emissions limits, you must continuously 
monitor THC according to paragraphs (i)(1) and (2) of this section or in 
accordance with Performance Specification 8 or Performance Specification 
8A of appendix B to part 60 of this chapter and comply with all of the 
requirements for continuous monitoring systems found in the general 
provisions, subpart A of this part. You must operate and maintain each 
CEMS according to the quality assurance requirements in Procedure 1 of 
appendix F in part 60 of this chapter. You must also develop an 
emissions monitoring plan in accordance with paragraphs (p)(1) through 
(4) of this section.
    (k) Mercury monitoring requirements. If you have a kiln subject to 
an emissions limitation on mercury emissions, you must install and 
operate a mercury continuous emissions monitoring system (Hg CEMS) in 
accordance with Performance Specification 12A (PS 12A) of appendix B to 
part 60 of this chapter or an integrated sorbent trap monitoring system 
in accordance with Performance Specification 12B (PS 12B) of appendix B 
to part 60 of this chapter. You must monitor mercury continuously 
according to paragraphs (k)(1) through (5) of this section. You must 
also develop an emissions monitoring plan in accordance with paragraphs 
(p)(1) through (4) of this section.
    (1) You must use a span value for any Hg CEMS that represents the 
mercury concentration corresponding to approximately two times the 
emissions standard and may be rounded up to the nearest multiple of 5 
[micro]g/m\3\ of total mercury or higher level if necessary to include 
Hg concentrations which may occur (excluding concentrations during in-
line raw ``mill off'' operation). As specified in PS 12A, Section 6.1.1, 
the data recorder output range must include the full range of expected 
Hg concentration values which would include those expected during ``mill 
off'' conditions. Engineering judgments made and calculations used to 
determine the corresponding span concentration from the emission 
standard shall be documented in the site-specific monitoring plan and 
associated records.
    (2) In order to quality assure data measured above the span value, 
you must use one of the four options in paragraphs (k)(2)(i) through 
(iv) of this section.
    (i) Include a second span that encompasses the Hg emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 [micro]g/
m\3\ of total mercury. The requirements of PS 12A, shall be followed for 
this second span with the exception that a RATA with the mill off is not 
required.

[[Page 434]]

    (ii) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(k)(1) of this section using the following procedure. Conduct a weekly 
``above span linearity'' calibration challenge of the monitoring system 
using a reference gas with a certified value greater than your highest 
expected hourly concentration or greater than 75 percent of the highest 
measured hourly concentration. The ``above span'' reference gas must 
meet the requirements of PS 12A, Section 7.1 and must be introduced to 
the measurement system at the probe. Record and report the results of 
this procedure as you would for a daily calibration. The ``above span 
linearity'' challenge is successful if the value measured by the Hg CEMS 
falls within 10 percent of the certified value of the reference gas. If 
the value measured by the Hg CEMS during the above span linearity 
challenge exceeds 10 percent of the certified 
value of the reference gas, the monitoring system must be evaluated and 
repaired and a new ``above span linearity'' challenge met before 
returning the Hg CEMS to service, or data above span from the Hg CEMS 
must be subject to the quality assurance procedures established in 
paragraph (k)(2)(iii) of this section. In this manner all hourly average 
values exceeding the span value measured by the Hg CEMS during the week 
following the above span linearity challenge when the CEMS response 
exceeds 20 percent of the certified value of the 
reference gas must be normalized using Equation 22.
[GRAPHIC] [TIFF OMITTED] TR25JY18.105

    (iii) Quality assure any data above the span value established in 
paragraph (k)(1) of this section using the following procedure. Any time 
two consecutive 1-hour average measured concentrations of Hg exceeds the 
span value you must, within 24 hours before or after, introduce a 
higher, ``above span'' Hg reference gas standard to the Hg CEMS. The 
``above span'' reference gas must meet the requirements of PS 12A, 
Section 7.1, must target a concentration level between 50 and 150 
percent of the highest expected hourly concentration measured during the 
period of measurements above span, and must be introduced at the probe. 
While this target represents a desired concentration range that is not 
always achievable in practice, it is expected that the intent to meet 
this range is demonstrated by the value of the reference gas. Expected 
values may include ``above span'' calibrations done before or after the 
above span measurement period. Record and report the results of this 
procedure as you would for a daily calibration. The ``above span'' 
calibration is successful if the value measured by the Hg CEMS is within 
20 percent of the certified value of the reference gas. If the value 
measured by the Hg CEMS exceeds 20 percent of the certified value of the 
reference gas, then you must normalize the one-hour average stack gas 
values measured above the span during the 24-hour period preceding or 
following the ``above span'' calibration for reporting based on the Hg 
CEMS response to the reference gas as shown in Equation 22. Only one 
``above span'' calibration is needed per 24-hour period.
    (3) You must operate and maintain each Hg CEMS or an integrated 
sorbent trap monitoring system according to the quality assurance 
requirements in Procedure 5 of appendix F to part 60 of this chapter. 
During the RATA of integrated sorbent trap monitoring systems required 
under Procedure 5, you may apply the appropriate exception for sorbent 
trap section 2 breakthrough in (k)(3)(i) through (iv) of this section:
    (i) For stack Hg concentrations 1 [micro]g/dscm, <=10% of 
section 1 mass;
    (ii) For stack Hg concentrations <=1 [micro]g/dscm and 
0.5 [micro]g/dscm, <=20% of section 1 mass;
    (iii) For stack Hg concentrations <=0.5 [micro]g/dscm and 
0.1 [micro]g/dscm, <=50% of section 1 mass; and

[[Page 435]]

    (iv) For stack Hg concentrations <=0.1 [micro]g/dscm, no 
breakthrough criterion assuming all other QA/QC specifications are met.
    (4) Relative accuracy testing of mercury monitoring systems under PS 
12A, PS 12B, or Procedure 5 must be conducted at normal operating 
conditions. If a facility has an inline raw mill, the testing must occur 
with the raw mill on.
    (5) If you use a Hg CEMS or an integrated sorbent trap monitoring 
system, you must install, operate, calibrate, and maintain an instrument 
for continuously measuring and recording the exhaust gas flow rate to 
the atmosphere according to the requirements in paragraphs (n)(1) 
through (10) of this section. If kiln gases are diverted through an 
alkali bypass or to a coal mill and exhausted through separate stacks, 
you must account for the mercury emitted from those stacks by following 
the procedures in (k)(5)(i) through (iv) of this section:
    (i) Develop a mercury hourly mass emissions rate by conducting 
performance tests annually, within 11 to 13 calendar months after the 
previous performance test, using Method 29, or Method 30B, to measure 
the concentration of mercury in the gases exhausted from the alkali 
bypass and coal mill.
    (ii) On a continuous basis, determine the mass emissions of mercury 
in lb/hr from the alkali bypass and coal mill exhausts by using the 
mercury hourly emissions rate and the exhaust gas flow rate to calculate 
hourly mercury emissions in lb/hr.
    (iii) Sum the hourly mercury emissions from the kiln, alkali bypass 
and coal mill to determine total mercury emissions. Using hourly clinker 
production, calculate the hourly emissions rate in pounds per ton of 
clinker to determine your 30 day rolling average.
    (iv) If mercury emissions from the coal mill and alkali bypass are 
below the method detection limit for two consecutive annual performance 
tests, you may reduce the frequency of the performance tests of coal 
mills and alkali bypasses to once every 30 months. If the measured 
mercury concentration exceeds the method detection limit, you must 
revert to testing annually until two consecutive annual tests are below 
the method detection limit.
    (6) If you operate an integrated sorbent trap monitoring system 
conforming to PS 12B, you may use a monitoring period at least 24 hours 
but no longer than 168 hours in length. You should use a monitoring 
period that is a multiple of 24 hours (except during relative accuracy 
testing as allowed in PS 12B).
    (l) HCl Monitoring Requirements. If you are subject to an emissions 
limitation on HCl emissions in Sec.  63.1343, you must monitor HCl 
emissions continuously according to paragraph (l)(1) or (2) and 
paragraphs (m)(1) through (4) of this section or, if your kiln is 
controlled using a wet or dry scrubber or tray tower, you alternatively 
may parametrically monitor SO2 emissions continuously 
according to paragraph (l)(3) of this section. You must also develop an 
emissions monitoring plan in accordance with paragraphs (p)(1) through 
(4) of this section.
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification (PS) 15 or PS 18 of appendix B to part 60 of this chapter, 
or, upon promulgation, in accordance with any other performance 
specification for HCl CEMS in appendix B to part 60 of this chapter. You 
must operate, maintain, and quality assure a HCl CEMS installed and 
certified under PS 15 according to the quality assurance requirements in 
Procedure 1 of appendix F to part 60 of this chapter except that the 
Relative Accuracy Test Audit requirements of Procedure 1 must be 
replaced with the validation requirements and criteria of sections 
11.1.1 and 12.0 of PS 15. If you choose to install and operate an HCl 
CEMS in accordance with PS 18, you must operate, maintain, and quality 
assure the HCl CEMS using the associated Procedure 6 of appendix F to 
part 60 of this chapter. For any performance specification that you use, 
you must use Method 321 of appendix A to this part as the reference test 
method for conducting relative accuracy testing. The span value and 
calibration requirements in paragraphs (l)(1)(i) and (ii) of this 
section apply to

[[Page 436]]

HCl CEMS other than those installed and certified under PS 15 or PS 18.
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records.
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (l)(1)(ii)(A) 
through (C) of this section.
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required.
    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(l)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration or greater than 75 percent of the 
highest measured hourly concentration. The ``above span'' reference gas 
must meet the requirements of the applicable performance specification 
and must be introduced to the measurement system at the probe. Record 
and report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if the 
value measured by the HCl CEMS falls within 10 percent of the certified 
value of the reference gas. If the value measured by the HCl CEMS during 
the above span linearity challenge exceeds 10 percent of the certified 
value of the reference gas, the monitoring system must be evaluated and 
repaired and a new ``above span linearity'' challenge met before 
returning the HCl CEMS to service, or data above span from the HCl CEMS 
must be subject to the quality assurance procedures established in 
paragraph (l)(1)(ii)(D) of this section. Any HCl CEMS above span 
linearity challenge response exceeding 20 percent 
of the certified value of the reference gas requires that all above span 
hourly averages during the week following the above span linearity 
challenge must be normalized using Equation 23.
    (C) Quality assure any data above the span value established in 
paragraph (l)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the HCl 
CEMS. The ``above span'' reference gas must meet the requirements of the 
applicable performance specification and target a concentration level 
between 50 and 150 percent of the highest expected hourly concentration 
measured during the period of measurements above span, and must be 
introduced at the probe. While this target represents a desired 
concentration range that is not always achievable in practice, it is 
expected that the intent to meet this range is demonstrated by the value 
of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a daily 
calibration. The ``above span'' calibration is successful if the value 
measured by the HCl CEMS is within 20 percent of the certified value of 
the reference gas. If the value measured by the HCl CEMS is not within 
20 percent of the certified value of the reference gas, then you must 
normalize the stack gas values measured above span as described in 
paragraph (l)(1)(ii)(D) of this section.
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must

[[Page 437]]

normalize the one-hour average stack gas values measured above the span 
during the 24-hour period preceding or following the `above span' 
calibration for reporting based on the HCl CEMS response to the 
reference gas as shown in Equation 23:
[GRAPHIC] [TIFF OMITTED] TR27JY15.033


Only one ``above span'' calibration is needed per 24-hour period.
    (2) Install, operate, and maintain a CMS to monitor wet scrubber or 
tray tower parameters, as specified in paragraphs (m)(5) and (7) of this 
section, and dry scrubber, as specified in paragraph (m)(9) of this 
section.
    (3) If the source is equipped with a wet or dry scrubber or tray 
tower, and you choose to monitor SO2 emissions, monitor 
SO2 emissions continuously according to the requirements of 
Sec.  60.63(e) and (f) of this chapter. If SO2 levels 
increase above the 30-day rolling average SO2 operating limit 
established during your performance test by 10 percent or more, you 
must:
    (i) As soon as possible but no later than 30 days after you exceed 
the established SO2 value conduct an inspection and take 
corrective action to return the SO2 emissions to within the 
operating limit; and
    (ii) Within 90 days of the exceedance or at the time of the next 
compliance test, whichever comes first, conduct an HCl emissions 
compliance test to determine compliance with the HCl emissions limit and 
to verify or re-establish the SO2 CEMS operating limit.
    (4) If you monitor continuous performance through the use of an HCl 
CPMS according to paragraphs (b)(6)(v)(A) through (H) of Sec.  63.1349, 
for any exceedance of the 30 kiln operating day HCl CPMS average value 
from the established operating limit, you must:
    (i) Within 48 hours of the exceedance, visually inspect the APCD;
    (ii) If inspection of the APCD identifies the cause of the 
exceedance, take corrective action as soon as possible and return the 
HCl CPMS measurement to within the established value; and
    (iii) Within 30 days of the exceedance or at the time of the annual 
compliance test, whichever comes first, conduct an HCl emissions 
compliance test to determine compliance with the HCl emissions limit and 
to verify or reestablish the HCl CPMS operating limit within 45 days. 
You are not required to conduct additional testing for any exceedances 
that occur between the time of the original exceedance and the HCl 
emissions compliance test required under this paragraph.
    (iv) HCl CPMS exceedances leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a presumptive violation of this subpart.
    (m) Parameter monitoring requirements. If you have an operating 
limit that requires the use of a CMS, you must install, operate, and 
maintain each continuous parameter monitoring system (CPMS) according to 
the procedures in paragraphs (m)(1) through (4) of this section by the 
compliance date specified in Sec.  63.1351. You must also meet the 
applicable specific parameter monitoring requirements in paragraphs 
(m)(5) through (11) that are applicable to you.
    (1) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) You must conduct all monitoring in continuous operation at all 
times that the unit is operating.
    (3) Determine the 1-hour block average of all recorded readings.

[[Page 438]]

    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) Liquid flow rate monitoring requirements. If you have an 
operating limit that requires the use of a flow measurement device, you 
must meet the requirements in paragraphs (m)(5)(i) through (iv) of this 
section.
    (i) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (ii) Use a flow sensor with a measurement sensitivity of 2 percent 
of the flow rate.
    (iii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iv) Conduct a flow sensor calibration check at least semiannually.
    (6) Specific pressure monitoring requirements. If you have an 
operating limit that requires the use of a pressure measurement device, 
you must meet the requirements in paragraphs (m)(6)(i) through (vi) of 
this section.
    (i) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 1.27 centimeters of 
water or a transducer with a minimum tolerance of 1 percent of the 
pressure range.
    (iv) Check pressure tap pluggage daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (7) Specific pH monitoring requirements. If you have an operating 
limit that requires the use of a pH measurement device, you must meet 
the requirements in paragraphs (m)(7)(i) through (iii) of this section.
    (i) Locate the pH sensor in a position that provides a 
representative measurement of wet scrubber or tray tower effluent pH.
    (ii) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (iii) Check the pH meter's calibration on at least two points every 
8 hours of process operation.
    (8) [Reserved]
    (9) Mass flow rate (for sorbent injection) monitoring requirements. 
If you have an operating limit that requires the use of equipment to 
monitor sorbent injection rate (e.g., weigh belt, weigh hopper, or 
hopper flow measurement device), you must meet the requirements in 
paragraphs (m)(9)(i) through (iii) of this section. These requirements 
also apply to the sorbent injection equipment of a dry scrubber.
    (i) Locate the device in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (ii) Install and calibrate the device in accordance with 
manufacturer's procedures and specifications.
    (iii) At least annually, calibrate the device in accordance with the 
manufacturer's procedures and specifications.
    (10) Bag leak detection monitoring requirements. If you elect to use 
a fabric filter bag leak detection system to comply with the 
requirements of this subpart, you must install, calibrate, maintain, and 
continuously operate a BLDS as specified in paragraphs (m)(10)(i) 
through (viii) of this section.
    (i) You must install and operate a BLDS for each exhaust stack of 
the fabric filter.
    (ii) Each BLDS must be installed, operated, calibrated, and 
maintained in a manner consistent with the manufacturer's written 
specifications and recommendations and in accordance with the guidance 
provided in EPA-454/R-98-015, September 1997.
    (iii) The BLDS must be certified by the manufacturer to be capable 
of detecting PM emissions at concentrations of 10 or fewer milligrams 
per actual cubic meter.
    (iv) The BLDS sensor must provide output of relative or absolute PM 
loadings.
    (v) The BLDS must be equipped with a device to continuously record 
the output signal from the sensor.
    (vi) The BLDS must be equipped with an alarm system that will alert 
an operator automatically when an increase in relative PM emissions over 
a preset

[[Page 439]]

level is detected. The alarm must be located such that the alert is 
detected and recognized easily by an operator.
    (vii) For positive pressure fabric filter systems that do not duct 
all compartments of cells to a common stack, a BLDS must be installed in 
each baghouse compartment or cell.
    (viii) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (11) For each BLDS, the owner or operator must initiate procedures 
to determine the cause of every alarm within 8 hours of the alarm. The 
owner or operator must alleviate the cause of the alarm within 24 hours 
of the alarm by taking whatever corrective action(s) are necessary. 
Corrective actions may include, but are not limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in PM 
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the BLDS probe or otherwise repairing the BLDS; or
    (vi) Shutting down the process producing the PM emissions.
    (n) Continuous Flow Rate Monitoring System. You must install, 
operate, calibrate, and maintain instruments, according to the 
requirements in paragraphs (n)(1) through (10) of this section, for 
continuously measuring and recording the stack gas flow rate to allow 
determination of the pollutant mass emissions rate to the atmosphere 
from sources subject to an emissions limitation that has a pounds per 
ton of clinker unit and that is required to be monitored by a CEMS.
    (1) You must install each sensor of the flow rate monitoring system 
in a location that provides representative measurement of the exhaust 
gas flow rate at the sampling location of the mercury CEMS, taking into 
account the manufacturer's recommendations. The flow rate sensor is that 
portion of the system that senses the volumetric flow rate and generates 
an output proportional to that flow rate.
    (2) The flow rate monitoring system must be designed to measure the 
exhaust flow rate over a range that extends from a value of at least 20 
percent less than the lowest expected exhaust flow rate to a value of at 
least 20 percent greater than the highest expected exhaust flow rate.
    (3) [Reserved]
    (4) The flow rate monitoring system must be equipped with a data 
acquisition and recording system that is capable of recording values 
over the entire range specified in paragraph (n)(2) of this section.
    (5) The signal conditioner, wiring, power supply, and data 
acquisition and recording system for the flow rate monitoring system 
must be compatible with the output signal of the flow rate sensors used 
in the monitoring system.
    (6) The flow rate monitoring system must be designed to complete a 
minimum of one cycle of operation for each successive 15-minute period.
    (7) The flow rate sensor must have provisions to determine the daily 
zero and upscale calibration drift (CD) (see sections 3.1 and 8.3 of 
Performance Specification 2 in appendix B to Part 60 of this chapter for 
a discussion of CD).
    (i) Conduct the CD tests at two reference signal levels, zero (e.g., 
0 to 20 percent of span) and upscale (e.g., 50 to 70 percent of span).
    (ii) The absolute value of the difference between the flow monitor 
response and the reference signal must be equal to or less than 3 
percent of the flow monitor span.
    (8) You must perform an initial relative accuracy test of the flow 
rate monitoring system according to Section 8.2 of Performance 
Specification 6 of appendix B to part 60 of the chapter with the 
exceptions in paragraphs (n)(8)(i) and (n)(8)(ii) of this section.
    (i) The relative accuracy test is to evaluate the flow rate 
monitoring system alone rather than a continuous emission rate 
monitoring system.
    (ii) The relative accuracy of the flow rate monitoring system shall 
be no greater than 10 percent of the mean value of the reference method 
data.

[[Page 440]]

    (9) You must verify the accuracy of the flow rate monitoring system 
at least once per year by repeating the relative accuracy test specified 
in paragraph (n)(8).
    (10) You must operate the flow rate monitoring system and record 
data during all periods of operation of the affected facility including 
periods of startup, shutdown, and malfunction, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments).
    (o) Alternate monitoring requirements approval. You may submit an 
application to the Administrator for approval of alternate monitoring 
requirements to demonstrate compliance with the emission standards of 
this subpart subject to the provisions of paragraphs (o)(1) through (6) 
of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section, unless you document, using data or 
information, that the longer averaging period will ensure that emissions 
do not exceed levels achieved during the performance test over any 
increment of time equivalent to the time required to conduct three runs 
of the performance test.
    (2) If the application to use an alternate monitoring requirement is 
approved, you must continue to use the original monitoring requirement 
until approval is received to use another monitoring requirement.
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the notification of performance 
test. The application must contain the information specified in 
paragraphs (o)(3)(i) through (iii) of this section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach;
    (ii) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach and technique, the averaging period for the limit, 
and how the limit is to be calculated; and
    (iii) Data or information documenting that the alternative 
monitoring requirement would provide equivalent or better assurance of 
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of 
the application within 90 calendar days after receipt of the original 
request, or within 60 calendar days of the receipt of any supplementary 
information, whichever is later. The Administrator will not approve an 
alternate monitoring application unless it would provide equivalent or 
better assurance of compliance with the relevant emission standard. 
Before disapproving any alternate monitoring application, the 
Administrator will provide:
    (i) Notice of the information and findings upon which the intended 
disapproval is based; and
    (ii) Notice of opportunity for you to present additional supporting 
information before final action is taken on the application. This notice 
will specify how much additional time is allowed for you to provide 
additional supporting information.
    (5) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. Neither submittal of an application, nor 
the Administrator's failure to approve or disapprove the application 
relieves you of the responsibility to comply with any provision of this 
subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis that additional or alternative operating limits, or alternative 
approaches to establishing operating limits, are necessary to 
demonstrate compliance with the emission standards of this subpart.
    (p) Development and submittal (upon request) of monitoring plans. If 
you demonstrate compliance with any applicable emissions limit through 
performance stack testing or other emissions monitoring, you must 
develop a site-specific monitoring plan according to the requirements in 
paragraphs (p)(1)

[[Page 441]]

through (4) of this section. This requirement also applies to you if you 
petition the EPA Administrator for alternative monitoring parameters 
under paragraph (o) of this section and Sec.  63.8(f). If you use a 
BLDS, you must also meet the requirements specified in paragraph (p)(5) 
of this section.
    (1) For each CMS required in this section, you must develop, and 
submit to the permitting authority for approval upon request, a site-
specific monitoring plan that addresses paragraphs (p)(1)(i) through 
(iii) of this section. You must submit this site-specific monitoring 
plan, if requested, at least 30 days before your initial performance 
evaluation of your CMS.
    (i) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (p)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1), (c)(3), and (c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (5) BLDS monitoring plan. Each monitoring plan must describe the 
items in paragraphs (p)(5)(i) through (v) of this section. At a minimum, 
you must retain records related to the site-specific monitoring plan and 
information discussed in paragraphs (m)(1) through (4), (m)(10) and (11) 
of this section for a period of 5 years, with at least the first 2 years 
on-site;
    (i) Installation of the BLDS;
    (ii) Initial and periodic adjustment of the BLDS, including how the 
alarm set-point will be established;
    (iii) Operation of the BLDS, including quality assurance procedures;
    (iv) How the BLDS will be maintained, including a routine 
maintenance schedule and spare parts inventory list;
    (v) How the BLDS output will be recorded and stored.

[75 FR 55059, Sept. 9, 2010, as amended at 76 FR 2836, Jan. 18, 2011; 78 
FR 10048, Feb. 12, 2013; 80 FR 44788, July 27, 2015; 80 FR 54729, Sept. 
11, 2015; 81 FR 48361, July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR 
39673, Aug. 22, 2017; 83 FR 35133, July 25, 2018]



Sec.  63.1351  Compliance dates.

    (a) The compliance date for any affected existing source subject to 
any rule requirements that were in effect before December 20, 2006, is:
    (1) June 14, 2002, for sources that commenced construction before or 
on March 24, 1998, or
    (2) June 14, 1999 or startup for sources that commenced construction 
after March 24, 1998.
    (b) The compliance date for any affected existing source subject to 
any rule requirements that became effective on December 20, 2006, is:
    (1) December 21, 2009, for sources that commenced construction after 
December 2, 2005 and before or on December 20, 2006, or
    (2) Startup for sources that commenced construction after December 
20, 2006.
    (c) The compliance date for existing sources for all the 
requirements that became effective on February 12, 2013, except for the 
open clinker pile requirements will be September 9, 2015.
    (d) The compliance date for new sources is February 12, 2013, or 
startup, whichever is later.
    (e) The compliance date for existing sources with the requirements 
for open

[[Page 442]]

clinker storage piles in Sec.  63.1343(c) is February 12, 2014.

[76 FR 2836, Jan. 18, 2011, as amended at 78 FR 10053, Feb. 12, 2013]



Sec.  63.1352  Additional test methods.

    (a) If you are conducting tests to determine the rates of emission 
of HCl from kilns and associated bypass stacks at portland cement 
manufacturing facilities, for use in applicability determinations under 
Sec.  63.1340, you may use Method 320 or Method 321 of appendix A of 
this part.
    (b) Owners or operators conducting tests to determine the rates of 
emission of specific organic HAP from raw material dryers, and kilns at 
Portland cement manufacturing facilities, solely for use in 
applicability determinations under Sec.  63.1340 of this subpart are 
permitted to use Method 320 of appendix A to this part, or Method 18 of 
appendix A to part 60 of this chapter.

[75 FR 55063, Sept. 9, 2010, as amended at 78 FR 10053, Feb. 12, 2013]

                Notification, Reporting and Recordkeeping



Sec.  63.1353  Notification requirements.

    (a) The notification provisions of 40 CFR part 63, subpart A that 
apply and those that do not apply to owners and operators of affected 
sources subject to this subpart are listed in Table 1 of this subpart. 
If any State requires a notice that contains all of the information 
required in a notification listed in this section, the owner or operator 
may send the Administrator a copy of the notice sent to the State to 
satisfy the requirements of this section for that notification.
    (b) Each owner or operator subject to the requirements of this 
subpart shall comply with the notification requirements in Sec.  63.9 as 
follows:
    (1) Initial notifications as required by Sec.  63.9(b) through (d). 
For the purposes of this subpart, a Title V or 40 CFR part 70 permit 
application may be used in lieu of the initial notification required 
under Sec.  63.9(b), provided the same information is contained in the 
permit application as required by Sec.  63.9(b), and the State to which 
the permit application has been submitted has an approved operating 
permit program under part 70 of this chapter and has received delegation 
of authority from the EPA. Permit applications shall be submitted by the 
same due dates as those specified for the initial notification.
    (2) Notification of performance tests, as required by Sec. Sec.  
63.7 and 63.9(e).
    (3) Notification of opacity and visible emission observations 
required by Sec.  63.1349 in accordance with Sec. Sec.  63.6(h)(5) and 
63.9(f).
    (4) Notification, as required by Sec.  63.9(g), of the date that the 
continuous emission monitor performance evaluation required by Sec.  
63.8(e) is scheduled to begin.
    (5) Notification of compliance status, as required by Sec.  63.9(h).
    (6) Within 48 hours of an exceedance that triggers retesting to 
establish compliance and new operating limits, notify the appropriate 
permitting agency of the planned performance tests. The notification 
requirements of Sec. Sec.  63.7(b) and 63.9(e) do not apply to retesting 
required for exceedances under this subpart.

[64 FR 31925, June 14, 1999, as amended at 78 FR 10053, Feb. 12, 2013]



Sec.  63.1354  Reporting requirements.

    (a) The reporting provisions of subpart A of this part that apply 
and those that do not apply to owners or operators of affected sources 
subject to this subpart are listed in Table 1 of this subpart. If any 
State requires a report that contains all of the information required in 
a report listed in this section, the owner or operator may send the 
Administrator a copy of the report sent to the State to satisfy the 
requirements of this section for that report.
    (b) The owner or operator of an affected source shall comply with 
the reporting requirements specified in Sec.  63.10 of the general 
provisions of this part 63, subpart A as follows:
    (1) As required by Sec.  63.10(d)(2), the owner or operator shall 
report the results of performance tests as part of the notification of 
compliance status.
    (2) As required by Sec.  63.10(d)(3), the owner or operator of an 
affected source shall report the opacity results from tests required by 
Sec.  63.1349.
    (3) As required by Sec.  63.10(d)(4), the owner or operator of an 
affected source

[[Page 443]]

who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec.  63.6(i) shall submit such reports 
by the dates specified in the written extension of compliance.
    (4)-(5) [Reserved]
    (6) As required by Sec.  63.10(e)(2), the owner or operator shall 
submit a written report of the results of the performance evaluation for 
the continuous monitoring system required by Sec.  63.8(e). The owner or 
operator shall submit the report simultaneously with the results of the 
performance test.
    (7) As required by Sec.  63.10(e)(2), the owner or operator of an 
affected source using a continuous opacity monitoring system to 
determine opacity compliance during any performance test required under 
Sec.  63.7 and described in Sec.  63.6(d)(6) shall report the results of 
the continuous opacity monitoring system performance evaluation 
conducted under Sec.  63.8(e).
    (8) As required by Sec.  63.10(e)(3), the owner or operator of an 
affected source equipped with a continuous emission monitor shall submit 
an excess emissions and continuous monitoring system performance report 
for any event when the continuous monitoring system data indicate the 
source is not in compliance with the applicable emission limitation or 
operating parameter limit.
    (9) The owner or operator shall submit a summary report semiannually 
within 60 days of the reporting period to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
You must use the appropriate electronic report in CEDRI for this 
subpart. Instead of using the electronic report in CEDRI for this 
subpart, you may submit an alternate electronic file consistent with the 
extensible markup language (XML) schema listed on the CEDRI website 
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-
emissions-data-reporting-interface-cedri), once the XML schema is 
available. If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, you must submit 
the report the Administrator at the appropriate address listed in Sec.  
63.13. You must begin submitting reports via CEDRI no later than 90 days 
after the form becomes available in CEDRI. The excess emissions and 
summary reports must be submitted no later than 60 days after the end of 
the reporting period, regardless of the method in which the reports are 
submitted. The report must contain the information specified in Sec.  
63.10(e)(3)(vi). In addition, the summary report shall include:
    (i) All exceedances of maximum control device inlet gas temperature 
limits specified in Sec.  63.1346(a) and (b);
    (ii) Notification of any failure to calibrate thermocouples and 
other temperature sensors as required under Sec.  63.1350(g)(1)(iii) of 
this subpart; and
    (iii) Notification of any failure to maintain the activated carbon 
injection rate, and the activated carbon injection carrier gas flow rate 
or pressure drop, as applicable, as required under Sec.  63.1346(c)(2).
    (iv) Notification of failure to conduct any combustion system 
component inspections conducted within the reporting period as required 
under Sec.  63.1347(a)(3).
    (v) Any and all failures to comply with any provision of the 
operation and maintenance plan developed in accordance with Sec.  
63.1347(a).
    (vi) For each PM CPMS, HCl, Hg, and THC CEMS, SO2 CEMS, 
or Hg sorbent trap monitoring system, within 60 days after the reporting 
periods, you must report all of the calculated 30-operating day rolling 
average values derived from the CPMS, CEMS, CMS, or Hg sorbent trap 
monitoring systems.
    (vii) In response to each violation of an emissions standard or 
established operating parameter limit, the date, duration and 
description of each violation and the specific actions taken for each 
violation including inspections, corrective actions and repeat 
performance tests and the results of those actions.
    (10) If the total continuous monitoring system downtime for any CEM 
or any CMS for the reporting period is 10 percent or greater of the 
total operating time for the reporting period, the

[[Page 444]]

owner or operator shall submit an excess emissions and continuous 
monitoring system performance report along with the summary report.
    (11)(i) You must submit the information specified in paragraphs 
(b)(11)(i)(A) and (B) of this section no later than 60 days following 
the initial performance test. All reports must be signed by a 
responsible official.
    (A) The initial performance test data as recorded under Sec.  
63.1349(a).
    (B) The values for the site-specific operating limits or parameters 
established pursuant to Sec.  63.1349(b)(1), (3), (6), (7), and (8), as 
applicable, and a description, including sample calculations, of how the 
operating parameters were established during the initial performance 
test.
    (C) As of December 31, 2011, and within 60 days after the date of 
completing each performance evaluation or test, as defined in Sec.  
63.2, conducted to demonstrate compliance with any standard covered by 
this subpart, you must submit the relative accuracy test audit data and 
performance test data, except opacity data, to the EPA by successfully 
submitting the data electronically via CEDRI and by using the Electronic 
Reporting Tool (ERT) (see https://www.epa.gov/electronic-reporting-air-
emissions/electronic-reporting-tool-ert). For any performance 
evaluations with no corresponding RATA pollutants listed on the ERT 
website, you must submit the results of the performance evaluation to 
the Administrator at the appropriate address listed in Sec.  63.13.
    (ii) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value equivalent to the instrument zero output, technique by which this 
zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (12) All reports required by this subpart not subject to the 
requirements in paragraphs (b)(9) introductory text and (b)(11)(i) of 
this section must be sent to the Administrator at the appropriate 
address listed in Sec.  63.13. The Administrator or the delegated 
authority may request a report in any form suitable for the specific 
case (e.g., by commonly used electronic media such as Excel spreadsheet, 
on CD or hard copy). The Administrator retains the right to require 
submittal of reports subject to paragraphs (b)(9) introductory text and 
(b)(11)(i) of this section in paper format.
    (c) For each failure to meet a standard or emissions limit caused by 
a malfunction at an affected source, you must report the failure in the 
semi-annual compliance report required by Sec.  63.1354(b)(9). The 
report must contain the date, time and duration, and the cause of each 
event (including unknown cause, if applicable), and a sum of the number 
of events in the reporting period. The report must list for each event 
the affected source or equipment, an estimate of the amount of each 
regulated pollutant emitted over the emission limit for which the source 
failed to meet a standard, and a description of the method used to 
estimate the emissions. The report must also include a description of 
actions taken by an owner or operator during a malfunction of an 
affected source to minimize emissions in accordance with Sec.  
63.1348(d), including actions taken to correct a malfunction.

[64 FR 31925, June 14, 1999, as amended at 75 FR 55063, Sept. 9, 2010; 
78 FR 10053, Feb. 12, 2013; 80 FR 44790, July 27, 2015; 83 FR 35135, 
July 25, 2018]



Sec.  63.1355  Recordkeeping requirements.

    (a) The owner or operator shall maintain files of all information 
(including all reports and notifications) required by this section 
recorded in a form suitable and readily available for inspection and 
review as required by Sec.  63.10(b)(1). The files shall be retained for 
at least five years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent two years of data shall be retained on site. The remaining 
three years of data may be retained off site. The files may be 
maintained on microfilm, on a

[[Page 445]]

computer, on floppy disks, on magnetic tape, or on microfiche.
    (b) The owner or operator shall maintain records for each affected 
source as required by Sec.  63.10(b)(2) and (b)(3) of this part; and
    (1) All documentation supporting initial notifications and 
notifications of compliance status under Sec.  63.9;
    (2) All records of applicability determination, including supporting 
analyses; and
    (3) If the owner or operator has been granted a waiver under Sec.  
63.8(f)(6), any information demonstrating whether a source is meeting 
the requirements for a waiver of recordkeeping or reporting 
requirements.
    (c) In addition to the recordkeeping requirements in paragraph (b) 
of this section, the owner or operator of an affected source equipped 
with a continuous monitoring system shall maintain all records required 
by Sec.  63.10(c).
    (d) [Reserved]
    (e) You must keep records of the daily clinker production rates 
according to the clinker production monitoring requirements in Sec.  
63.1350(d).
    (f) You must keep records of the date, time and duration of each 
startup or shutdown period for any affected source that is subject to a 
standard during startup or shutdown that differs from the standard 
applicable at other times, and the quantity of feed and fuel used during 
the startup or shutdown period.
    (g)(1) You must keep records of the date, time and duration of each 
malfunction that causes an affected source to fail to meet an applicable 
standard; if there was also a monitoring malfunction, the date, time and 
duration of the monitoring malfunction; the record must list the 
affected source or equipment, an estimate of the volume of each 
regulated pollutant emitted over the standard for which the source 
failed to meet a standard, and a description of the method used to 
estimate the emissions.
    (2) You must keep records of actions taken during periods of 
malfunction to minimize emissions in accordance with Sec.  63.1348(d) 
including corrective actions to restore malfunctioning process and air 
pollution control and monitoring equipment to its normal or usual manner 
of operation.
    (h) For each exceedance from an emissions standard or established 
operating parameter limit, you must keep records of the date, duration 
and description of each exceedance and the specific actions taken for 
each exceedance including inspections, corrective actions and repeat 
performance tests and the results of those actions.

[64 FR 31925, June 14, 1999, as amended at 71 FR 76552, Dec. 20, 2006; 
75 FR 55064, Sept. 9, 2010; 78 FR 10053, Feb. 12, 2013; 80 FR 44791, 
July 27, 2015; 81 FR 48362, July 25, 2016; 83 FR 35135, July 25, 2018]

                                  Other



Sec.  63.1356  Sources with multiple emissions limit or monitoring 
requirements.

    If you have an affected source subject to this subpart with a 
different emissions limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, once you are in 
compliance with the most stringent emissions limit or requirement, you 
are not subject to the less stringent requirement. Until you are in 
compliance with the more stringent limit, the less stringent limit 
continues to apply.

[80 FR 44791, July 27, 2015]



Sec.  63.1357  [Reserved]



Sec.  63.1358  Implementation and enforcement.

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

[[Page 446]]

transferred to the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1340, 63.1342 through 63.1348, and 63.1351.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37359, June 23, 2003]



Sec.  63.1359  [Reserved]



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

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement         Applies to subpart LLL        Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(4).......................  Applicability..........  Yes....................
63.1(a)(5)...........................  .......................  No.....................  [Reserved].
63.1(a)(6)-(8).......................  Applicability..........  Yes....................
63.1(a)(9)...........................  .......................  No.....................  [Reserved].
63.1(a)(10)-(14).....................  Applicability..........  Yes....................
63.1(b)(1)...........................  Initial Applicability    No.....................  Sec.   63.1340
                                        Determination.                                    specifies
                                                                                          applicability.
63.1(b)(2)-(3).......................  Initial Applicability    Yes....................
                                        Determination.
63.1(c)(1)...........................  Applicability After      Yes....................
                                        Standard Established.
63.1(c)(2)...........................  Permit Requirements....  Yes....................  Area sources must
                                                                                          obtain Title V
                                                                                          permits.
63.1(c)(3)...........................  .......................  No.....................  [Reserved].
63.1(c)(4)-(5).......................  Extensions,              Yes....................
                                        Notifications.
63.1(c)(6)...........................  Reclassification.......  Yes....................
63.1(d)..............................  .......................  No.....................  [Reserved].
63.1(e)..............................  Applicability of Permit  Yes....................
                                        Program.
63.2.................................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec.   63.1341.
63.3(a)-(c)..........................  Units and Abbreviations  Yes....................
63.4(a)(1)-(3).......................  Prohibited Activities..  Yes....................
63.4(a)(4)...........................  .......................  No.....................  [Reserved].
63.4(a)(5)...........................  Compliance date........  Yes....................
63.4(b)-(c)..........................  Circumvention,           Yes....................
                                        Severability.
63.5(a)(1)-(2).......................  Construction/            Yes....................
                                        Reconstruction.
63.5(b)(1)...........................  Compliance Dates.......  Yes....................
63.5(b)(2)...........................  .......................  No.....................  [Reserved].
63.5(b)(3)-(6).......................  Construction Approval,   Yes....................
                                        Applicability.
63.5(c)..............................  .......................  No.....................  [Reserved].
63.5(d)(1)-(4).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
63.5(e)..............................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
63.5(f)(1)-(2).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
63.6(a)..............................  Compliance for           Yes....................
                                        Standards and
                                        Maintenance.
63.6(b)(1)-(5).......................  Compliance Dates.......  Yes....................
63.6(b)(6)...........................  .......................  No.....................  [Reserved].
63.6(b)(7)...........................  Compliance Dates.......  Yes....................
63.6(c)(1)-(2).......................  Compliance Dates.......  Yes....................
63.6(c)(3)-(4).......................  .......................  No.....................  [Reserved].
63.6(c)(5)...........................  Compliance Dates.......  Yes....................
63.6(d)..............................  .......................  No.....................  [Reserved].
63.6(e)(1)-(2).......................  Operation & Maintenance  No.....................  See Sec.   63.1348(d)
                                                                                          for general duty
                                                                                          requirement. Any
                                                                                          reference to Sec.
                                                                                          63.6(e)(1)(i) in other
                                                                                          General Provisions or
                                                                                          in this subpart is to
                                                                                          be treated as a cross-
                                                                                          reference to Sec.
                                                                                          63.1348(d).

[[Page 447]]

 
63.6(e)(3)...........................  Startup, Shutdown        No.....................  Your operations and
                                        Malfunction Plan.                                 maintenance plan must
                                                                                          address periods of
                                                                                          startup and shutdown.
                                                                                          See Sec.
                                                                                          63.1347(a)(1).
63.6(f)(1)...........................  Compliance with          No.....................  Compliance obligations
                                        Emission Standards.                               specified in subpart
                                                                                          LLL.
63.6(f)(2)-(3).......................  Compliance with          Yes....................
                                        Emission Standards.
63.6(g)(1)-(3).......................  Alternative Standard...  Yes....................
63.6(h)(1)...........................  Opacity/VE Standards...  No.....................  Compliance obligations
                                                                                          specified in subpart
                                                                                          LLL.
63.6(h)(2)...........................  Opacity/VE Standards...  Yes....................
63.6(h)(3)...........................  .......................  No.....................  [Reserved].
63.6(h)(4)-(h)(5)(i).................  Opacity/VE Standards...  Yes....................
63.6(h)(5)(ii)-(iv)..................  Opacity/VE Standards...  No.....................  Test duration specified
                                                                                          in subpart LLL.
63.6(h)(6)...........................  Opacity/VE Standards...  Yes....................
63.6(h)(7)...........................  Opacity/VE Standards...  Yes....................
63.6(i)(1)-(14)......................  Extension of Compliance  Yes....................
63.6(i)(15)..........................  .......................  No.....................  [Reserved].
63.6(i)(16)..........................  Extension of Compliance  Yes....................
63.6(j)..............................  Exemption from           Yes....................
                                        Compliance.
63.7(a)(1)-(3).......................  Performance Testing      Yes....................  Sec.   63.1349 has
                                        Requirements.                                     specific requirements.
63.7(b)..............................  Notification period....  Yes....................  Except for repeat
                                                                                          performance test
                                                                                          caused by an
                                                                                          exceedance. See Sec.
                                                                                          63.1353(b)(6).
63.7(c)..............................  Quality Assurance/Test   Yes....................
                                        Plan.
63.7(d)..............................  Testing Facilities.....  Yes....................
63.7(e)(1)...........................  Conduct of Tests.......  No.....................  See Sec.   63.1349(e).
                                                                                          Any reference to
                                                                                          63.7(e)(1) in other
                                                                                          General Provisions or
                                                                                          in this subpart is to
                                                                                          be treated as a cross-
                                                                                          reference to Sec.
                                                                                          63.1349(e).
63.7(e)(2)-(4).......................  Conduct of tests.......  Yes....................
63.7(f)..............................  Alternative Test Method  Yes....................
63.7(g)..............................  Data Analysis..........  Yes....................
63.7(h)..............................  Waiver of Tests........  Yes....................
63.8(a)(1)...........................  Monitoring Requirements  Yes....................
63.8(a)(2)...........................  Monitoring.............  No.....................  Sec.   63.1350 includes
                                                                                          CEMS requirements.
63.8(a)(3)...........................  .......................  No.....................  [Reserved].
63.8(a)(4)...........................  Monitoring.............  No.....................  Flares not applicable.
63.8(b)(1)-(3).......................  Conduct of Monitoring..  Yes....................
63.8(c)(1)-(8).......................  CMS Operation/           Yes....................  Temperature and
                                        Maintenance.                                      activated carbon
                                                                                          injection monitoring
                                                                                          data reduction
                                                                                          requirements given in
                                                                                          subpart LLL.
63.8(d)..............................  Quality Control........  Yes, except for the
                                                                 reference to the SSM
                                                                 Plan in the last
                                                                 sentence.
63.8(e)..............................  Performance Evaluation   Yes....................
                                        for CMS.
63.8(f)(1)-(5).......................  Alternative Monitoring   Yes....................  Additional requirements
                                        Method.                                           in Sec.   63.1350(l).
63.8(f)(6)...........................  Alternative to RATA      Yes....................
                                        Test.
63.8(g)..............................  Data Reduction.........  Yes....................
63.9(a)..............................  Notification             Yes....................
                                        Requirements.
63.9(b)(1)-(5).......................  Initial Notifications..  Yes....................
63.9(c)..............................  Request for Compliance   Yes....................
                                        Extension.
63.9(d)..............................  New Source Notification  Yes....................
                                        for Special Compliance
                                        Requirements.
63.9(e)..............................  Notification of          Yes....................  Except for repeat
                                        performance test.                                 performance test
                                                                                          caused by an
                                                                                          exceedance. See Sec.
                                                                                          63.1353(b)(6).
63.9(f)..............................  Notification of VE/      Yes....................  Notification not
                                        Opacity Test.                                     required for VE/
                                                                                          opacity test under
                                                                                          Sec.   63.1350(e) and
                                                                                          (j).
63.9(g)..............................  Additional CMS           Yes....................
                                        Notifications.

[[Page 448]]

 
63.9(h)(1)-(3).......................  Notification of          Yes....................
                                        Compliance Status.
63.9(h)(4)...........................  .......................  No.....................  [Reserved].
63.9(h)(5)-(6).......................  Notification of          Yes....................
                                        Compliance Status.
63.9(i)..............................  Adjustment of Deadlines  Yes....................
63.9(j)..............................  Change in Previous       Yes....................
                                        Information.
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
63.10(a).............................  Recordkeeping/Reporting  Yes....................
63.10(b)(1)..........................  General Recordkeeping    Yes....................
                                        Requirements.
63.10(b)(2)(i)-(ii)..................  General Recordkeeping    No.....................  See Sec.   63.1355(g)
                                        Requirements.                                     and (h).
63.10(b)(2)(iii).....................  General Recordkeeping    Yes....................
                                        Requirements.
63.10(b)(2)(iv)-(v)..................  General Recordkeeping    No.....................
                                        Requirements.
63.10(b)(2)(vi)-(ix).................  General Recordkeeping    Yes....................
                                        Requirements.
63.10(c)(1)..........................  Additional CMS           Yes....................  PS-8A supersedes
                                        Recordkeeping.                                    requirements for THC
                                                                                          CEMS.
63.10(c)(1)..........................  Additional CMS           Yes....................  PS-8A supersedes
                                        Recordkeeping.                                    requirements for THC
                                                                                          CEMS.
63.10(c)(2)-(4)......................  .......................  No.....................  [Reserved].
63.10(c)(5)-(8)......................  Additional CMS           Yes....................  PS-8A supersedes
                                        Recordkeeping.                                    requirements for THC
                                                                                          CEMS.
63.10(c)(9)..........................  .......................  No.....................  [Reserved].
63.10(c)(10)-(15)....................  Additional CMS           Yes....................  PS-8A supersedes
                                        Recordkeeping.                                    requirements for THC
                                                                                          CEMS.
63.10(d)(1)..........................  General Reporting        Yes....................
                                        Requirements.
63.10(d)(2)..........................  Performance Test         Yes....................
                                        Results.
63.10(d)(3)..........................  Opacity or VE            Yes....................
                                        Observations.
63.10(d)(4)..........................  Progress Reports.......  Yes....................
63.10(d)(5)..........................  Startup, Shutdown,       No.....................  See Sec.   63.1354(c)
                                        Malfunction Reports.                              for reporting
                                                                                          requirements. Any
                                                                                          reference to Sec.
                                                                                          63.10(d)(5) in other
                                                                                          General Provisions or
                                                                                          in this subpart is to
                                                                                          be treated as a cross-
                                                                                          reference to Sec.
                                                                                          63.1354(c).
63.10(e)(1)-(2)......................  Additional CMS Reports.  Yes....................
63.10(e)(3)..........................  Excess Emissions and     Yes....................  Exceedances are defined
                                        CMS Performance                                   in subpart LLL.
                                        Reports.
63.10(e)(3)(v).......................  Due Dates for Excess     No.....................  Sec.   63.1354(b)(9)
                                        Emissions and CMS                                 specifies due date.
                                        Performance Reports.
63.10(e)(3)(vii) and (viii)..........  Excess Emissions and     No.....................  Superseded by
                                        CMS Performance                                   63.1354(b)(10).
                                        Reports.
63.10(f).............................  Waiver for               Yes....................
                                        Recordkeeping/
                                        Reporting.
63.11(a)-(b).........................  Control Device           No.....................  Flares not applicable.
                                        Requirements.
63.12(a)-(c).........................  State Authority and      Yes....................
                                        Delegations.
63.13(a)-(c).........................  State/Regional           Yes....................
                                        Addresses.
63.14(a)-(b).........................  Incorporation by         Yes....................
                                        Reference.
63.15(a)-(b).........................  Availability of          Yes....................
                                        Information.
----------------------------------------------------------------------------------------------------------------


[80 FR 44791, July 27, 2015, as amended at 83 FR 35135, July 25, 2018; 
83 FR 38036, Aug. 3, 2018; 85 FR 73898, Nov. 19, 2020]



 Sec. Table 2 to Subpart LLL of Part 63--1989 Toxic Equivalency Factors 
                                 (TEFs)

------------------------------------------------------------------------
                     Dioxins/Furans                          TEFs 1989
------------------------------------------------------------------------
2,3,7,8-TCDD............................................               1
1,2,3,7,8-PeCDD.........................................             0.5
1,2,3,4,7,8-HxCDD.......................................             0.1
1,2,3,6,7,8-HxCDD.......................................             0.1
1,2,3,7,8,9-HxCDD.......................................             0.1
1,2,3,4,6,7,8-HpCDD.....................................            0.01
OCDD....................................................           0.001
2,3,7,8-TCDF............................................             0.1
1,2,3,7,8-PeCDF.........................................            0.05
2,3,4,7,8-PeCDF.........................................             0.5

[[Page 449]]

 
1,2,3,4,7,8-HxCDF.......................................             0.1
1,2,3,6,7,8-HxCDF.......................................             0.1
1,2,3,7,8,9-HxCDF.......................................             0.1
2,3,4,6,7,8-HxCDF.......................................             0.1
1,2,3,4,6,7,8-HpCDF.....................................            0.01
1,2,3,4,7,8,9-HpCDF.....................................            0.01
OCDF....................................................           0.001
------------------------------------------------------------------------


[83 FR 35136, July 25, 2018]



Subpart MMM_National Emission Standards for Hazardous Air Pollutants for 
                 Pesticide Active Ingredient Production

    Source: 64 FR 33589, June 23, 1999, unless otherwise noted.



Sec.  63.1360  Applicability.

    (a) Definition of affected source. The affected source subject to 
this subpart is the facility-wide collection of pesticide active 
ingredient manufacturing process units (PAI process units) that process, 
use, or produce HAP, and are located at a plant site that is a major 
source, as defined in section 112(a) of the CAA. An affected source also 
includes waste management units, heat exchange systems, and cooling 
towers that are associated with the PAI process units. Exemptions from 
an affected source are specified in paragraph (d) of this section.
    (b) New source applicability. A new affected source subject to this 
subpart and to which the requirements for new sources apply is defined 
according to the criteria in paragraph (b)(1) or (2) of this section.
    (1) An affected source for which construction or reconstruction 
commenced after November 10, 1997.
    (2) Any dedicated PAI process unit that meets the criteria specified 
in paragraphs (b)(2)(i) and (ii) of this section.
    (i) For which construction, as defined in Sec.  63.1361, commenced 
after November 10, 1997, or reconstruction commenced after September 20, 
2002.
    (ii) That has the potential to emit 10 tons/yr of any one HAP or 25 
tons/yr of combined HAP.
    (c) General provisions. Table 1 of this subpart specifies the 
provisions of subpart A of this part that apply to an owner or operator 
of an affected source subject to this subpart, and clarifies specific 
provisions in subpart A of this part as necessary for this subpart.
    (d) Exemptions from the requirements of this subpart. The provisions 
of this subpart do not apply to:
    (1) Research and development facilities;
    (2) PAI process units that are subject to subpart F of this part;
    (3) Production of ethylene;
    (4) Coal tar distillation; and
    (5) The following emission points listed:
    (i) Storm water from segregated sewers;
    (ii) Water from fire-fighting and deluge systems, including testing 
of such systems;
    (iii) Spills;
    (iv) Water from safety showers;
    (v) Noncontact steam boiler blowdown and condensate;
    (vi) Laundry water;
    (vii) Vessels storing material that contains no organic HAP or 
contains organic HAP as impurities only; and
    (viii) Equipment, as defined in Sec.  63.1363, that is intended to 
operate in organic HAP service for less than 300 hours during the 
calendar year.
    (e) Applicability of this subpart. (1) Each provision set forth in 
this subpart shall apply at all times except during periods of non-
operation of the affected source (or specific portion thereof) resulting 
in cessation of the emissions to which this subpart applies.
    (i) The startup, shutdown, or malfunction precludes the ability of 
the owner or operator of an affected source to comply with one or more 
specific emission limitations to which a particular emission point is 
subject; and
    (ii) The owner or operator follows the provisions for periods of 
startup, shutdown, and malfunction, as specified in Sec. Sec.  
63.1367(a)(3) and 63.1368(i).
    (2) The provisions set forth in Sec.  63.1363 shall apply at all 
times except during periods of nonoperation of the PAI

[[Page 450]]

process unit (or specific portion thereof) in which the lines are 
drained and depressurized resulting in the cessation of the emissions to 
which Sec.  63.1363 applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the emissions 
limitations of this subpart during times when emissions (or, where 
applicable, wastewater streams or residuals) are being routed to such 
items of equipment, if the shutdown would contravene emissions 
limitations of this subpart applicable to such items of equipment.
    (4) General duty. At all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator, which may include, but is not limited 
to, monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.
    (f) Storage vessel applicability determination. An owner or operator 
shall follow the procedures specified in paragraphs (f)(1) through (5) 
of this section to determine whether a storage vessel is part of the 
affected source to which this subpart applies.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on June 23, 1999, the storage vessel shall belong to the 
process unit subject to the other subpart.
    (2) Unless otherwise excluded under paragraph (f)(1) of this 
section, the storage vessel is part of a PAI process unit if either the 
input to the vessel from the PAI process unit is greater than or equal 
to the input from any other PAI or non-PAI process unit, or the output 
from the vessel to the PAI process unit is greater than or equal to the 
output to any other PAI or non-PAI process unit. If the greatest input 
to and/or output from a shared storage vessel is the same for two or 
more process units, including one or more PAI process units, the owner 
or operator must assign the storage vessel to any one of the PAI process 
units that meet this condition.
    (3) Unless otherwise excluded under paragraph (f)(1) of this 
section, where a storage vessel is located in a tank farm (including a 
marine tank farm), the applicability of this subpart shall be determined 
according to the provisions in paragraphs (f)(3)(i) through (iii) of 
this section.
    (i) The storage vessel in the tank farm is not subject to the 
provisions of this subpart if the greatest input to or output from the 
storage vessel is for a non-PAI process unit. The input and output shall 
be determined among only those process units that share the storage 
vessel and that do not have an intervening storage vessel for that 
product (or raw material, as appropriate).
    (ii) Except for storage vessels in a tank farm excluded in 
accordance with paragraph (f)(3)(i) of this section, applicability of 
this subpart shall be determined according to the provisions in 
paragraphs (f)(3)(ii)(A) through (C) of this section.
    (A) Except as specified in paragraph (f)(3)(ii)(C) of this section, 
this subpart does not apply to the storage vessel in a tank farm if each 
PAI process unit that receives material from or sends material to the 
storage vessel has an intervening storage vessel for that material.
    (B) Except as specified in paragraph (f)(3)(ii)(C) of this section, 
a storage vessel in a tank farm shall be assigned to the PAI process 
unit that receives the greatest amount of material from or sends the 
greatest amount of material to the storage vessel and does not have an 
intervening storage vessel. If two or more PAI process units have the 
same input to or output from the storage vessel in the tank farm, then 
the storage vessel in the tank farm may be assigned to any one of the 
PAI process units that meet this condition.
    (C) As an alternative to the requirements specified in paragraphs

[[Page 451]]

(f)(3)(ii)(A) and (B) of this section, even if an intervening storage 
vessel is present, an owner or operator may elect to assign a storage 
vessel in a tank farm to the PAI process unit that sends the most 
material to or receives the most material from the storage vessel. If 
two or more PAI process units have the same input to or output from the 
storage vessel in the tank farm, then the storage vessel in the tank 
farm may be assigned to any one of the PAI process units that meet this 
condition.
    (iii) With respect to a process unit, an intervening storage vessel 
means a storage vessel connected by hard-piping to the process unit and 
to the storage vessel in the tank farm so that the product or raw 
material entering or leaving the process flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) the 
storage vessel in the tank farm.
    (4) If use varies from year to year, then use for the purposes of 
this subpart for existing sources shall be based on the utilization that 
occurred during the year preceding June 23, 1999, or if the storage 
vessel was not in operation during that year, the use shall be based on 
the expected use in the 5 years after startup. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (5) If the storage vessel begins receiving material from (or sending 
material to) another process unit, or ceasing to receive material from 
(or send material to) a PAI process unit, or if there is a significant 
change in the use of the storage vessel, the owner or operator shall 
reevaluate the ownership determination for the storage vessel.
    (g) Designating production of an intermediate as a PAI process unit. 
Except as specified in paragraph (d) of this section, an owner or 
operator may elect to designate production of any intermediate that does 
not meet the definition of integral intermediate as a PAI process unit 
subject to this subpart. Any storage vessel containing the intermediate 
is assigned to a PAI process unit according to the procedures in 
paragraph (f) of this section. Any process tank containing the 
intermediate is part of the process unit used to produce the 
intermediate.
    (h) Applicability of process units included in a process unit group. 
An owner or operator may elect to develop process unit groups in 
accordance with paragraph (h)(1) of this section. For the PAI process 
units in these process unit groups, the owner or operator may comply 
with the provisions in overlapping MACT standards, as specified in 
paragraphs (h)(2) through (4) of this section, as an alternative means 
of demonstrating compliance with the provisions of this subpart.
    (1) Develop, revise, and document changes in a process unit group in 
accordance with the procedures specified in paragraphs (h)(1)(i) through 
(vi) of this section.
    (i) Initially identify a non-dedicated PAI process unit that is 
operating on December 23, 2003 or a date after December 23, 2003, and 
identify all processing equipment that is part of this PAI process unit, 
based on descriptions in operating scenarios.
    (ii) Add to the group any other non-dedicated PAI and non-dedicated 
non-PAI process units expected to be operated in the 5 years after the 
date specified in paragraph (h)(1)(i) of this section, provided they 
satisfy the criteria specified in paragraphs (h)(1)(ii)(A) through (C) 
of this section. Also identify all of the processing equipment used for 
each process unit based on information from operating scenarios and 
other applicable documentation.
    (A) Each PAI process unit that is added to a group must have some 
processing equipment that is part of one or more PAI process units that 
are already in the process unit group.
    (B) Each non-PAI process unit that is added to a group must have 
some processing equipment that is also part of one or more of the PAI 
process units in the group.
    (C) No process unit may be part of more than one process unit group.
    (iii) The initial process unit group consists of all of the 
processing equipment for the process units identified in paragraphs 
(h)(1)(i) and (ii) of this section.
    (iv) If compliance is to be demonstrated in accordance with 
paragraph (h)(3) of this section, determine

[[Page 452]]

the primary product of the process unit group according to the 
procedures specified in paragraphs (h)(1)(iv)(A) through (C) of this 
section.
    (A) The primary product is the type of product (e.g., PAI, 
pharmaceutical product, thermoplastic resin, etc.) that is expected to 
be produced for the greatest operating time in the 5-year period 
specified in paragraph (h)(1)(i) of this section.
    (B) If the process unit group produces multiple products equally 
based on operating time, then the primary product is the product with 
the greatest production on a mass basis over the 5-year period specified 
in paragraph (h)(1)(i) of this section.
    (C) The primary product of the group must be redetermined if the 
owner or operator does not intend to make that product in the future or 
if it has not been made for 5 years. The results of the redetermination 
must be recorded as specified in Sec.  63.1367(b) and reported in a 
Periodic report no later than the report covering the period for the end 
of the 5th year as specified in Sec.  63.1368(g)(2). If the primary 
product changes, the owner or operator must either demonstrate 
compliance with the applicable subpart as specified in paragraph (h)(3) 
of this section or demonstrate compliance with the provisions of this 
subpart MMM.
    (v) Add process units developed in the future in accordance with the 
conditions specified in paragraphs (h)(1)(ii)(A) through (C) of this 
section.
    (vi) Maintain records of changes in the process units in each 
process unit group as specified in Sec.  63.1367(b)(9), and maintain 
reports as specified in Sec.  63.1368(f)(9) and (g)(2)(ix).
    (2) If any of the products produced in the process unit group are 
subject to 40 CFR part 63, subpart GGG (Pharmaceuticals MACT), the owner 
or operator may elect to comply with the requirements of subpart GGG for 
the PAI process unit(s) within the process unit group, except for the 
following:
    (i) The emission limit standard for process vents in Sec.  
63.1362(b)(2)(i) shall apply in place of Sec.  63.1254(a)(2);
    (ii) When the dates of April 2, 1997 and April 2, 2007 are provided 
in Sec.  63.1254(a)(3)(ii), the dates of November 10, 1997 and November 
10, 2007, respectively, shall apply for purposes of this subpart MMM; 
and
    (iii) Requirements in Sec.  63.1367(a)(5) regarding application for 
approval of construction or reconstruction shall apply in place of the 
provisions in Sec.  63.1259(a)(5).
    (3) If the primary product of a process unit group is determined to 
be a type of material that is subject to another subpart of 40 CFR part 
63 on June 23, 1999 or startup of the first process unit after formation 
of the process unit group, whichever is later, the owner or operator may 
elect to comply with the other subpart for any PAI process unit within 
the process unit group, subject to the requirement in this paragraph 
(h)(3). Emissions from PAI Group 1 process vents, as defined in Sec.  
63.1361, must be reduced in accordance with the control requirements for 
Group 1 vents as specified in the alternative subpart. The criteria in 
the alternative subpart for determining which process vents must be 
controlled do not apply for the purposes of this paragraph (h)(3).
    (4) The requirements for new and reconstructed sources in the 
alternative subpart apply to all PAI process units in the process unit 
group if, and only if, the affected source under the alternative subpart 
meets the requirements for construction or reconstruction.
    (i) Overlap with other regulations--(1) Compliance with other MACT 
standards. (i) After the compliance dates specified in Sec.  63.1364, an 
affected source subject to the provisions of this subpart that is also 
subject to the provisions of any other subpart of 40 CFR part 63 may 
elect, to the extent the subparts are consistent, under which subpart to 
maintain records and report to EPA. The affected source shall identify 
in the Notification of Compliance Status report required by Sec.  
63.1368(f) under which authority such records will be maintained.
    (ii) After the compliance dates specified in Sec.  63.1364, at an 
offsite reloading or cleaning facility subject to Sec.  63.1362(b)(6), 
compliance with the emission standards and associated initial compliance 
monitoring, recordkeeping, and reporting provisions of any other subpart 
of 40 CFR part 63 constitutes compliance with the provisions of Sec.  
63.1362(b)(6)(vii)(B) or (C). The

[[Page 453]]

owner or operator of the affected storage vessel shall identify in the 
Notification of Compliance Status report required by Sec.  63.1368(f) 
the subpart of 40 CFR part 63 with which the owner or operator of the 
offsite reloading or cleaning facility complies.
    (2) Overlap with RCRA subparts AA, BB, and/or CC. After the 
compliance dates specified in Sec.  63.1364, if any affected source 
subject to this subpart is also subject to monitoring, recordkeeping, 
and reporting requirements in 40 CFR part 264, subpart AA, BB, or CC, or 
is subject to monitoring and recordkeeping requirements in 40 CFR part 
265, subpart AA, BB, or CC, and the owner or operator complies with the 
periodic reporting requirements under 40 CFR part 264, subpart AA, BB, 
or CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
or with the monitoring, recordkeeping, and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. If the owner or operator elects to comply 
with the monitoring, recordkeeping, and reporting requirements in 40 CFR 
parts 264 and/or 265, the owner or operator shall report all excursions 
as required by Sec.  63.1368(g). The owner or operator shall identify in 
the Notification of Compliance Status report required by Sec.  
63.1368(f) the monitoring, recordkeeping, and reporting authority under 
which the owner or operator will comply.
    (3) Overlap with NSPS subpart Kb. After the compliance dates 
specified in Sec.  63.1364, a Group 1 or Group 2 storage vessel that is 
also subject to the provisions of 40 CFR part 60, subpart Kb, is 
required to comply only with the provisions of this subpart MMM.
    (4) Overlap with subpart I. After the compliance dates specified in 
Sec.  63.1364, for all equipment within a process unit that contains 
equipment subject to subpart I of this part, an owner or operator may 
elect to comply with either the provisions of this subpart MMM or the 
provisions of subpart H of this part. The owner or operator shall 
identify in the Notification of Compliance Status report required by 
Sec.  63.1368(f) the provisions with which the owner or operator elects 
to comply.
    (5) Overlap with RCRA regulations for wastewater. After the 
compliance dates specified in Sec.  63.1364, the owner or operator of an 
affected wastewater stream that is also subject to provisions in 40 CFR 
parts 260 through 272 shall comply with the more stringent control 
requirements (e.g., waste management units, numerical treatment 
standards, etc.) and the more stringent testing, monitoring, 
recordkeeping, and reporting requirements that overlap between the 
provisions of this subpart and the provisions of 40 CFR parts 260 
through 272. The owner or operator shall keep a record of the 
information used to determine which requirements were the most stringent 
and shall submit this information if requested by the Administrator.
    (6) Overlap with NSPS subparts III, NNN, and RRR. After the 
compliance dates specified in Sec.  63.1364, if an owner or operator of 
a process vent subject to this subpart MMM that is also subject to the 
provisions of 40 CFR part 60, subpart III, or subpart NNN, or subpart 
RRR, elects to reduce organic HAP emissions from the process vent by 98 
percent as specified in Sec.  63.1362(b)(2)(iii)(A), then the owner or 
operator is required to comply only with the provisions of this subpart 
MMM. Otherwise, the owner or operator shall comply with the provisions 
in both this subpart MMM and the provisions in 40 CFR part 60, subparts 
III, NNN, and RRR, as applicable.
    (j) Meaning of periods of time. All terms in this subpart MMM that 
define a period of time for completion of required tasks (e.g., weekly, 
monthly, quarterly, annual), unless specified otherwise in the section 
or subsection that imposes the requirement, refer to the standard 
calendar periods.
    (1) Notwithstanding time periods specified in the subpart MMM for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner and operator and the Administrator, as 
specified in subpart A of this part (e.g., a period could begin on the 
compliance date or

[[Page 454]]

another date, rather than on the first day of the standard period). For 
each time period that is changed by agreement, the revised period shall 
remain in effect until it is changed. A new request is not necessary for 
each recurring period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraph (j)(2)(i) or (ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period within which the initial 
compliance deadline occurs.
    (3) In all instances where a provision of this subpart MMM requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided the task is conducted at a reasonable 
interval after completion of the task in the previous period.
    (k) Affirmative defense for violation of emission standards during 
malfunction. In response to an action to enforce the standards set forth 
in this subpart, the owner or operator may assert an affirmative defense 
to a claim for civil penalties for violations of such standards that are 
caused by malfunction, as defined at Sec.  63.2. Appropriate penalties 
may be assessed if the owner or operator fails to meet their burden of 
proving all of the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (1) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, the owner or operator 
must timely meet the reporting requirements in paragraph (k)(2) of this 
section, and must prove by a preponderance of evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (iii) The frequency, amount, and duration of the violation 
(including any bypass) were minimized to the maximum extent practicable; 
and
    (iv) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the violation were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions

[[Page 455]]

that were the result of the malfunction.
    (2) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator, with all 
necessary supporting documentation, that explains how it has met the 
requirements set forth in paragraph (k)(1) of this section. This 
affirmative defense report shall be included in the first periodic 
compliance report, deviation report, or excess emission report otherwise 
required after the initial occurrence of the violation of the relevant 
standard (which may be the end of any applicable averaging period). If 
such compliance, deviation report or excess emission report is due less 
than 45 days after the initial occurrence of the violation, the 
affirmative defense report may be included in the second compliance, 
deviation report or excess emission report due after the initial 
occurrence of the violation of the relevant standard.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59340, Sept. 20, 2002; 
79 FR 17371, Mar. 27, 2014]



Sec.  63.1361  Definitions.

    Terms used in this subpart are defined in the CAA, in subpart A of 
this part, or in this section. If the same term is defined in subpart A 
of this part and in this section, it shall have the meaning given in 
this section for the purposes of this subpart MMM.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Air pollution control device or control device means equipment 
installed on a process vent, storage vessel, wastewater treatment 
exhaust stack, or combination thereof that reduces the mass of HAP 
emitted to the air. The equipment may consist of an individual device or 
a series of devices. Examples include incinerators, carbon adsorption 
units, condensers, flares, boilers, process heaters, and gas absorbers. 
Process condensers are not considered air pollution control devices or 
control devices.
    Bag dump means equipment into which bags or other containers 
containing a powdered, granular, or other solid feedstock material are 
emptied. A bag dump is part of the process.
    Batch emission episode means a discrete venting episode that is 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode. For example, a batch distillation unit 
operation may consist of batch emission episodes associated with 
charging and heating. Charging the vessel with HAP will result in one 
discrete batch emission episode that will last through the duration of 
the charge and will have an average flowrate equal to the rate of the 
charge. Another discrete batch emission episode will result from the 
expulsion of expanded vapor as the contents of the vessel are heated.
    Batch operation means a noncontinuous operation involving 
intermittent or discontinuous feed into PAI or integral intermediate 
manufacturing equipment, and, in general, involves the emptying of the 
equipment after the batch operation ceases and prior to beginning a new 
operation. Addition of raw material and withdrawal of product do not 
occur simultaneously in a batch operation. A batch process consists of a 
series of batch operations.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is capable of being located on a 
laboratory bench top. This bench-scale equipment will typically include 
reagent feed vessels, a small reactor and associated product separator, 
recovery and holding equipment. These processes are only capable of 
producing small quantities of product.
    Block means a time period equal to, at a maximum, the duration of a 
single batch.
    Car seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.

[[Page 456]]

    Cleaning operation means routine rinsing, washing, or boil-off of 
equipment in batch operations between batches.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed-vent system.
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic HAP vapors.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and record 
keeping, connector means joined fittings that are not inaccessible, 
ceramic, or ceramic-lined as described in Sec.  63.1255(b)(1)(vii) and 
63.1255(f)(3).
    Construction means the onsite fabrication, erection, or installation 
of an affected source or dedicated PAI process unit. Addition of new 
equipment to an affected source does not constitute construction, 
provided the new equipment is not a dedicated PAI process unit with the 
potential to emit 10 tons/yr of any one HAP or 25 tons/yr of combined 
HAP, but it may constitute reconstruction of the affected source or PAI 
process unit if it satisfies the definition of reconstruction in this 
section. At an affected source, changing raw materials processed and 
reconfiguring non-dedicated equipment to create a non-dedicated PAI 
process unit do not constitute construction.
    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If HAP are generated in 
the process as well as added as raw material, consumption includes the 
quantity generated in the process.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m\3\ in which a material is stored, transported, treated, or otherwise 
handled. Examples of containers are drums, barrels, tank trucks, barges, 
dumpsters, tank cars, dump trucks, and ships.
    Continuous process means a process where the inputs and outputs flow 
continuously throughout the duration of the process. Continuous 
processes typically approach steady state.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Controlled HAP emissions means the quantity of HAP components 
discharged to the atmosphere from an air pollution control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed to 
minimize air emissions. A cover may have openings necessary for 
operation, inspection, and maintenance of the waste management unit such 
as access hatches, sampling ports, and gauge wells provided that each 
opening is closed when not in use. Examples of covers include a fixed 
roof installed on a wastewater tank, a lid installed on a container, and 
an air-supported enclosure installed over a waste management unit.
    Dedicated PAI process unit means a PAI process unit constructed from 
equipment that is fixed in place and designed and operated to produce 
only a single product or co-products. The

[[Page 457]]

equipment is not designed to be reconfigured to create different process 
units, and it is not operated with different raw materials so as to 
produce different products.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment, for purposes of Sec.  63.1363, means each pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, connector, and instrumentation 
system in organic hazardous air pollutant service.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a storage tank or waste 
management unit with no fixed roof.
    FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act.
    Fill or filling means the introduction of organic HAP into a storage 
tank or the introduction of a wastewater stream or residual into a waste 
management unit, but not necessarily to complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage tank in a stationary manner and that does not move with 
fluctuations in liquid level.
    Flame ionization detector (FID) means a device in which the measured 
change in conductivity of a standard flame (usually hydrogen) due to the 
insertion of another gas or vapor is used to detect the gas or vapor.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a continuous seal or seals to close the space between the 
roof edge and waste management unit or storage vessel wall.
    Flow indicator means a device that indicates whether gas flow is, or 
whether the valve position would allow gas flow to be, present in a 
line.
    Formulation of pesticide products means the mixing, blending, or 
diluting of a PAI with one or more other PAI or inert ingredients.
    Group 1 process vent means any process vent from a process at an 
existing or new affected source for which the uncontrolled organic HAP 
emissions from the sum of all process vents are greater than or equal to 
0.15 Mg/yr and/or the uncontrolled hydrogen chloride (HCl) and chlorine 
emissions from the sum of all process vents are greater than or equal to 
6.8 Mg/yr.
    Group 1 storage vessel means a storage vessel at an existing 
affected source with a capacity equal to or greater than 75 m\3\ and 
storing material with a maximum true vapor pressure greater than or 
equal to 3.45 kPa, a storage vessel at a new affected source with a 
capacity equal to or greater than 40 m\3\ and storing material with a 
maximum true vapor pressure greater than or equal to 16.5 kPa, or a 
storage vessel at a new affected source with a capacity greater than or 
equal to 75 m\3\ and storing material with a maximum true vapor pressure 
greater than or equal to 3.45 kPa.
    Group 1 wastewater stream means process wastewater at an existing or 
new source that meets the criteria for Group 1 status in Sec.  63.132(c) 
for compounds in Table 9 of subpart G of this part or a maintenance 
wastewater stream that contains 5.3 Mg of compounds in Table 9 of 
subpart G of this part per discharge event.
    Group 2 process vent means any process vent that does not meet the 
definition of a Group 1 process vent.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means any wastewater stream that does not 
meet the definition of a Group 1 wastewater stream.
    Group of processes means all of the equipment associated with 
processes in a building, processing area, or facility-wide. A group of 
processes may consist of a single process.

[[Page 458]]

    Halogenated compounds means organic compounds that contain chlorine 
atoms.
    Halogenated vent stream means a process, storage vessel, or waste 
management unit vent stream determined to have a concentration of 
halogenated compounds of greater than 20 ppmv, as determined through 
process knowledge, test results using Method 18 of 40 CFR part 60, 
appendix A, or test results using any other test method that has been 
validated according to the procedures in Method 301 of appendix A of 
this part.
    Hard-piping means piping or tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31-3.
    Impurity means a substance that is produced coincidentally with the 
product(s), or is present in a raw material. An impurity does not serve 
a useful purpose in the production or use of the product(s) and is not 
isolated.
    In gas/vapor service means that a piece of equipment in organic HAP 
service contains a gas or vapor at operating conditions.
    In heavy liquid service means that a piece of equipment in organic 
HAP service is not in gas/vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in organic 
HAP service contains a liquid that meets the following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kPa at 20 [deg]C;
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kPa at 20 [deg]C 
is equal to or greater than 20 percent by weight of the total process 
stream; and
    (3) The fluid is a liquid at operating conditions.

    Note: To definition of ``In light liquid service: Vapor pressures 
may be determined by the methods described in 40 CFR 60.485(e)(1).

    In liquid service means that a piece of equipment in organic HAP 
service is not in gas/vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contacts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP as 
determined according to the provisions of Sec.  63.180(d) of subpart H 
of this part. The provisions of Sec.  63.180(d) of subpart H of this 
part also specify how to determine that a piece of equipment is not in 
organic HAP service.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kPa below ambient pressure.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Individual drain system means the stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes: hard piping; all process 
drains and junction boxes; and associated sewer lines, other junction 
boxes, manholes, sumps, and lift stations conveying wastewater streams 
or residuals. A segregated stormwater sewer system, which is a drain and 
collection system designed and operated for the sole purpose of 
collecting rainfall-runoff at a facility, and which is segregated from 
all other individual drain systems, is excluded from this definition.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 0.5 inches and smaller and connectors nominally 0.75 
inches and smaller in diameter are considered instrumentation systems 
for the purposes of this subpart. Valves greater than nominally 0.5 
inches and connectors greater than nominally 0.75 inches associated with 
instrumentation systems are not considered part of instrumentation 
systems and must be monitored individually.
    Integral intermediate means an intermediate for which 50 percent or 
more of the annual production is used in on-site production of any 
PAI(s) and that is not stored before being used in the

[[Page 459]]

production of another integral intermediate or the PAI(s). For the 
purposes of this definition, an intermediate is stored if it is 
discharged to a storage vessel and at least one of the following 
conditions is met: the processing equipment that discharges to the 
storage vessel is shutdown before the processing equipment that 
withdraws from the storage vessel is started up; during an annual 
period, the material must be stored in the vessel for at least 30 days 
before being used to make a PAI; or the processing equipment that 
discharges to the storage vessel is located in a separate building (or 
processing area) of the plant than the processing equipment that uses 
material from the storage vessel as a feedstock, and control equipment 
is not shared by the two processing areas. Any process unit that 
produces an intermediate and is subject to subpart F of this part is not 
an integral intermediate.
    Intermediate means an organic compound that is manufactured in a 
process and that is further processed or modified in one or more 
additional steps to ultimately produce a PAI.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage tank or waste management unit that has a permanently affixed 
roof.
    Junction box means a manhole or access point to a wastewater sewer 
system line or a lift station.
    Large control device means a control device that controls process 
vents, and the total HAP emissions into the control device from all 
sources are greater than or equal to 10 tons/yr.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage vessel or waste 
management unit and the floating roof. The seal is mounted continuously 
around the tank or unit.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquid dripping include puddling or new stains that are indicative of an 
existing evaporated drip.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the PAI process unit into an individual 
drain system prior to or during maintenance activities. Maintenance 
wastewater can be generated through planned or unplanned shutdowns and 
during periods not associated with a shutdown. Examples of activities 
that can generate maintenance wastewaters include descaling of heat 
exchanger tubing bundles, cleaning of distillation column traps, 
draining of low legs and high point bleeds, draining of pumps into an 
individual drain system, and draining of portions of the PAI process 
unit for repair.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, emissions 
monitoring equipment, process equipment, or a process to operate in a 
normal or usual manner which causes, or has the potential to cause, the 
emission limitations in an applicable standard to be exceeded. Failures 
that are caused all or in part by poor maintenance or careless operation 
are not malfunctions.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored or transferred liquid at 
the temperature equal to the highest calendar-month average of the 
liquid storage or transferred temperature for liquids stored or 
transferred above or below the ambient temperature or at the local 
maximum monthly average temperature as reported by the National Weather 
Service for liquids stored or transferred at the ambient temperature, as 
determined:
    (1) In accordance with methods described in Chapter 19.2 of the 
American Petroleum Institute's Manual of Petroleum Measurement 
Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by 
reference as specified in Sec.  63.14 in subpart A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship 
and Initial Decomposition Temperature of Liquids by Isoteniscope 
(incorporated by reference as specified in Sec.  63.14 of subpart A of 
this part); or

[[Page 460]]

    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage tank by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Non-dedicated PAI process unit means a process unit that is not a 
dedicated PAI process unit.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
shutdown.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to atmosphere, either directly or through open piping.
    Operating scenario, for the purposes of reporting and recordkeeping, 
means a description of a PAI process unit, including: identification of 
each wastewater point of determination (POD) and process vent, their 
associated emissions episodes and durations, and their associated level 
of control and control devices, as applicable; calculations and 
engineering analyses required to demonstrate compliance; and a 
description of operating and/or testing conditions for any associated 
control device.
    Organic compound, as used in the definitions of intermediate and 
PAI, means any compound that contains both carbon and hydrogen with or 
without other elements.
    Organic HAP means those HAP listed in section 112(b) of the CAA that 
are measured according to the procedures of Method 18 or Method 25A, 40 
CFR part 60, appendix A.
    Pesticide active ingredient or PAI means any material that is an 
active ingredient within the meaning of FIFRA section 2(a); that is used 
to produce an insecticide, herbicide, or fungicide end use pesticide 
product; that consists of one or more organic compounds; and that must 
be labeled in accordance with 40 CFR part 156 for transfer, sale, or 
distribution. These materials are typically described by North American 
Industrial Classification System (NAICS) Codes 325199 and 32532 (i.e., 
previously known as Standard Industrial Classification System Codes 2869 
and 2879). These materials are identified by product classification 
codes 01, 21, 02, 04, 44, 07, 08, and 16 in block 19 on the 1999 version 
of EPA form 3540-16, the Pesticides Report for Pesticide-Producing 
Establishments. The materials represented by these codes are: 
insecticides; insecticide-fungicides; fungicides; herbicides; herbicide-
fungicides; plant regulators; defoliants, desiccants; or multi-use 
active ingredients.
    Pesticide active ingredient manufacturing process unit (PAI process 
unit) means a process unit that is used to produce a material that is 
primarily used as a PAI or integral intermediate. A PAI process unit 
consists of: the process, as defined in this subpart; associated storage 
vessels, as determined by the procedures in Sec.  63.1360(f); equipment 
identified in Sec.  63.1362(k); connected piping and ducts; and 
components such as pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems. A material is primarily 
used as a PAI or integral intermediate if more than 50 percent of the 
projected annual production from a process unit in the 3 years after 
June 23, 1999 or startup, whichever is later, is used as a PAI or 
integral intermediate; recordkeeping is required if the material is used 
as a PAI or integral intermediate, but not as the primary use. If the 
primary use changes to a PAI or integral intermediate, the process unit 
becomes a PAI process unit unless it is already subject to the HON. If 
the primary use changes from a PAI or integral intermediate to another 
use, the process unit remains a PAI process unit. Any process tank 
containing an integral intermediate is part of the PAI process unit used 
to produce the integral intermediate. A process unit that produces an 
intermediate that is not an integral intermediate may be designated as a 
PAI process unit according to the procedures of Sec.  63.1360(g). 
Formulation of pesticide products is not considered

[[Page 461]]

part of a PAI process unit. Quality assurance and quality control 
laboratories are not considered part of a PAI process unit.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Point of determination (POD) means each point where a wastewater 
stream exits the PAI process unit.

    Note to definition of ``point of determination'': The regulation 
allows determination of the characteristics of a wastewater stream: at 
the point of determination; or downstream of the point of determination 
if corrections are made for changes in flow rate and annual average 
concentration of Table 9 compounds as determined in Sec.  63.144 of 
subpart G of this part. Such changes include: losses by air emissions, 
reduction of annual average concentration or changes in flow rate by 
mixing with other water or wastewater streams, and reduction in flow 
rate or annual average concentration by treating or otherwise handling 
the wastewater stream to remove or destroy HAP.

    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process means a logical grouping of processing equipment which 
collectively function to produce a product. For the purpose of this 
subpart, a PAI process includes all, or a combination of, reaction, 
recovery, separation, purification, treatment, cleaning, and other 
activities or unit operations which are used to produce a PAI or 
integral intermediate. Ancillary activities are not considered a PAI 
process or any part of a PAI process. Ancillary activities include 
boilers and incinerators (not used to comply with the provisions of 
Sec.  63.1362), chillers or refrigeration systems, and other equipment 
and activities that are not directly involved (i.e., they operate within 
a closed system and materials are not combined with process fluids) in 
the processing of raw materials or the manufacturing of a PAI. A PAI 
process and all integral intermediate processes for which 100 percent of 
the annual production is used in the production of the PAI may be linked 
together and defined as a single PAI process unit.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a unit operation. The condenser 
must cause a vapor-to-liquid phase change for periods during which the 
temperature of liquid in the process equipment is at or above its 
boiling or bubble point. Examples of process condensers include 
distillation condensers, reflux condensers, and condensers used in 
stripping or flashing operation. In a series of condensers, all 
condensers up to and including the first condenser with an exit gas 
temperature below the boiling or bubble point of the liquid in the 
process equipment are considered to be process condensers. All 
condensers in line prior to the vacuum source are included in this 
definition.
    Process shutdown means a work practice or operational procedure that 
stops production from a process or part of a process during which it is 
technically feasible to clear process material from a process or part of 
a process consistent with safety constraints and during which repairs 
can be effected. An unscheduled work practice or operational procedure 
that stops production from a process or part of a process for less than 
24 hours is not a process shutdown. An unscheduled work practice or 
operational procedure that would stop production from a process or part 
of a process for a shorter period of time than would be required to 
clear the process or part of the process of materials and start up the 
process, and would result in greater emissions than delay of repair of 
leaking components

[[Page 462]]

until the next scheduled process shutdown, is not a process shutdown. 
The use of spare equipment and technically feasible bypassing of 
equipment without stopping production are not process shutdowns.
    Process tank means a tank that is used within a process to collect 
material discharged from a feedstock storage vessel or equipment within 
the process before the material is transferred to other equipment within 
the process or a product storage vessel. In many process tanks, unit 
operations such as reactions and blending are conducted. Other process 
tanks, such as surge control vessels and bottom receivers, however, may 
not involve unit operations.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw materials and to manufacture an intended product.
    Process unit group means a group of process units that manufacture 
PAI and products other than PAI by alternating raw materials or 
operating conditions, or by reconfiguring process equipment. A process 
unit group is determined according to the procedures specified in Sec.  
63.1360(g).
    Process vent means a point of emission from processing equipment to 
the atmosphere or a control device. The vent may be the release point 
for an emission stream associated with an individual unit operation, or 
it may be the release point for emission streams from multiple unit 
operations that have been manifolded together into a common header. 
Examples of process vents include, but are not limited to, vents on 
condensers used for product recovery, bottom receivers, surge control 
vessels, reactors, filters, centrifuges, process tanks, and product 
dryers. A vent is not considered to be a process vent for a given 
emission episode if the undiluted and uncontrolled emission stream that 
is released through the vent contains less than 50 ppmv HAP, as 
determined through process knowledge that no HAP are present in the 
emission stream; using an engineering assessment as discussed in Sec.  
63.1365(c)(2)(ii); from test data collected using Method 18 of 40 CFR 
part 60, appendix A; or from test data collected using any other test 
method that has been validated according to the procedures in Method 301 
of appendix A of this part. Process vents do not include vents on 
storage vessels regulated under Sec.  63.1362(c), vents on wastewater 
emission sources regulated under Sec.  63.1362(d), or pieces of 
equipment regulated under Sec.  63.1363.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with, or results from, the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples include: product tank 
drawdown or feed tank drawdown; water formed during a chemical reaction 
or used as a reactant; water used to wash impurities from organic 
products or reactants; water used to clean process equipment; water used 
to cool or quench organic vapor streams through direct contact; and 
condensed steam from jet ejector systems pulling vacuum on vessels 
containing organics.
    Product means the compound(s) or chemical(s) that are produced or 
manufactured as the intended output of a process unit. Impurities and 
wastes are not considered products.
    Product dryer means equipment that is used to remove moisture or 
other liquid from granular, powdered, or other solid PAI or integral 
intermediate products prior to storage, formulation, shipment, or other 
uses. The product dryer is part of the process.
    Product dryer vent means a process vent from a product dryer through 
which a gas stream containing gaseous pollutants (i.e., organic HAP, 
HCl, or chlorine), particulate matter, or both are released to the 
atmosphere or are routed to a control device.
    Production-indexed HAP consumption factor (HAP factor) is the result 
of dividing the annual consumption of total HAP by the annual production 
rate, per process.
    Production-indexed VOC consumption factor (VOC factor) is the result 
of dividing the annual consumption of total VOC by the annual production 
rate, per process.
    Publicly owned treatment works (POTW) is defined at 40 CFR part 
403.3(0).

[[Page 463]]

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed.
    Reconfiguration means disassembly of processing equipment for a 
particular non-dedicated process unit and reassembly of that processing 
equipment in a different sequence, or in combination with other 
equipment, to create a different non-dedicated process unit.
    Reconstruction, as used in Sec.  63.1360(b), shall have the meaning 
given in Sec.  63.2, except that ``affected or previously unaffected 
stationary source'' shall mean either ``affected facility'' or ``PAI 
process unit.''
    Recovery device, as used in the wastewater provisions, means an 
individual unit of equipment capable of, and normally used for the 
purpose of, recovering chemicals for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use, or reuse. 
Examples of equipment that may be recovery devices include organic 
removal devices such as decanters, strippers, or thin-film evaporation 
units. To be a recovery device, a decanter and any other equipment based 
on the operating principle of gravity separation must receive only 
multi-phase liquid streams.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak as defined in the applicable paragraphs of Sec.  
63.1363.
    Research and development facility means any stationary source whose 
primary purpose is to conduct research and development, where the 
operations are under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of products for 
commercial sale, except in a de minimis manner.
    Residual means any liquid or solid material containing Table 9 
compounds (as defined in Sec.  63.111 of subpart G of this part) that is 
removed from a wastewater stream by a waste management unit or treatment 
process that does not destroy organics (nondestructive unit). Examples 
of residuals from nondestructive wastewater management units include the 
organic layer and bottom residue removed by a decanter or organic-water 
separator and the overheads from a steam stripper or air stripper. 
Examples of materials which are not residuals include: silt; mud; 
leaves; bottoms from a steam stripper or air stripper; and sludges, ash, 
or other materials removed from wastewater being treated by destructive 
devices such as biological treatment units and incinerators.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, combustible, explosive, reactive, or hazardous materials.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.

[[Page 464]]

    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process system 
operating pressure.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Shutdown means the cessation of operation of a continuous PAI 
process unit for any purpose. Shutdown also means the cessation of a 
batch PAI process unit or any related individual piece of equipment 
required or used to comply with this part or for emptying and degassing 
storage vessels for periodic maintenance, replacement of equipment, 
repair, or any other purpose not excluded from this definition. Shutdown 
does not apply to cessation of a batch PAI process unit at the end of a 
campaign or between batches (e.g., for rinsing or washing equipment), 
for routine maintenance, or for other routine operations.
    Small control device means a control device that controls process 
vents, and the total HAP emissions into the control device from all 
sources are less than 10 tons of HAP per year.
    Startup means the setting in operation of a continuous PAI process 
unit for any purpose, the first time a new or reconstructed batch PAI 
process unit begins production, or, for new equipment added, including 
equipment used to comply with this subpart, the first time the equipment 
is put into operation. For batch process units, startup does not apply 
to the first time the equipment is put into operation at the start of a 
campaign to produce a product that has been produced in the past, after 
a shutdown for maintenance, or when the equipment is put into operation 
as part of a batch within a campaign. As used in Sec.  63.1363, startup 
means the setting in operation of a piece of equipment or a control 
device that is subject to this subpart.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP and that has been assigned, 
according to the procedures in Sec.  63.1360(f) or (g), to a PAI process 
unit that is subject to this subpart MMM. The following are not 
considered storage vessels for the purposes of this subpart:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels storing material that contains no organic HAP or 
contains organic HAP only as impurities;
    (4) Wastewater storage tanks;
    (5) Process tanks; and
    (6) Nonwastewater waste tanks.
    Supplemental gases means any nonaffected gaseous streams (streams 
that are not from process vents, storage vessels, equipment or waste 
management units) that contain less than 50 ppmv TOC and less than 50 
ppmv total HCl and chlorine, as determined through process knowledge, 
and are combined with an affected vent stream. Supplemental gases are 
often used to maintain pressures in manifolds or for fire and explosion 
protection and prevention. Air required to operate combustion device 
burner(s) is not considered a supplemental gas.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, manmade excavation, or diked area formed 
primarily of earthen materials (although it may be lined with manmade 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids. A surface impoundment is used for the 
purpose of treating, storing, or disposing of wastewater or residuals, 
and is not an injection well. Examples of surface impoundments are 
equalization, settling, and aeration pits, ponds, and lagoons.
    Total organic compounds (TOC) means those compounds measured 
according to the procedures of Method 18 or Method 25A, 40 CFR part 60, 
appendix A.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a steam 
stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec.  63.138 of subpart G of this 
part.

[[Page 465]]

Most treatment processes are conducted in tanks. Treatment processes are 
a subset of waste management units.
    Uncontrolled HAP emissions means a gas stream containing HAP which 
has exited the process (or process condenser, if any), but which has not 
yet been introduced into an air pollution control device to reduce the 
mass of HAP in the stream. If the process vent is not routed to an air 
pollution control device, uncontrolled emissions are those HAP emissions 
released to the atmosphere.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. Equipment used for these purposes includes, but is 
not limited to, reactors, distillation units, extraction columns, 
absorbers, decanters, dryers, condensers, and filtration equipment.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage tank or waste 
management unit and the edge of the floating roof, and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Volatile organic compounds are defined in 40 CFR 51.100.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is a recovery device, then it is part of a PAI process unit 
and is not a waste management unit.
    Wastewater means water that meets either of the conditions described 
in paragraph (1) or (2) of this definition and is discarded from a PAI 
process unit that is at an affected source:
    (1) Is generated from a PAI process or a scrubber used to control 
emissions from a PAI process and contains either:
    (i) An annual average concentration of compounds in Table 9 of 
subpart G of this part of at least 5 ppmw and has an average flow rate 
of 0.02 L/min or greater; or
    (ii) An annual average concentration of compounds in Table 9 of 
subpart G of this part of at least 10,000 ppmw at any flow rate;
    (2) Is generated from a PAI process unit as a result of maintenance 
activities and contains at least 5.3 Mg of compounds listed in Table 9 
of subpart G of this part per individual discharge event.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of nonearthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g., flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[64 FR 33589, June 23, 1999, as amended at Nov. 21, 2001; 67 FR 59343, 
Sept. 20, 2002; 71 FR 20460, Apr. 20, 2006; 79 FR 17372, Mar. 27, 2014]



Sec.  63.1362  Standards.

    (a) On and after the compliance dates specified in Sec.  63.1364, 
each owner or operator of an affected source subject to the provisions 
of this subpart shall control HAP emissions to the levels specified in 
this section and in Sec.  63.1363, as summarized in Table 2 of this 
subpart.
    (b) Process vents. (1) The owner or operator of an existing source 
shall comply with the requirements of paragraphs (b)(2) and (3) of this 
section. The owner or operator of a new source shall comply with the 
requirements of paragraphs (b)(4) and (5) of this section. Compliance 
with paragraphs (b)(2) through (b)(5) of this section shall be

[[Page 466]]

demonstrated through the applicable test methods and initial compliance 
procedures in Sec.  63.1365 and the monitoring requirements in Sec.  
63.1366.
    (2) Organic HAP emissions from existing sources. The owner or 
operator of an existing affected source must comply with the 
requirements in either paragraph (b)(2)(i) of this section or with the 
requirements in paragraphs (b)(2)(ii) through (iv) of this section.
    (i) The uncontrolled organic HAP emission rate shall not exceed 0.15 
Mg/yr from the sum of all process vents within a process.
    (ii) (A) Except as provided in paragraph (b)(2)(ii)(B) of this 
section, uncontrolled organic HAP emissions from a process vent shall be 
reduced by 98 percent by weight or greater if the flow-weighted average 
flowrate for the vent as calculated using Equation 1 of this subpart is 
less than or equal to the flowrate calculated using Equation 2 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.000

[GRAPHIC] [TIFF OMITTED] TR23JN99.001

Where:

FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FR = flowrate, scfm
HL = annual uncontrolled organic HAP emissions, lb/yr, as defined in 
          Sec.  63.1361

    (B) If the owner or operator can demonstrate that a control device, 
installed on or before November 10, 1997 on a process vent otherwise 
subject to the requirements of paragraph (b)(2)(ii)(A) of this section, 
reduces inlet emissions of total organic HAP by greater than or equal to 
90 percent by weight but less than 98 percent by weight, then the 
control device must be operated to reduce inlet emissions of total 
organic HAP by 90 percent by weight or greater.
    (iii) Excluding process vents that are subject to the requirements 
in paragraph (b)(2)(ii) of this section, uncontrolled organic HAP 
emissions from the sum of all process vents within a process shall be 
reduced by 90 percent or greater by weight.
    (iv) As an alternative to the requirements in paragraphs (b)(2)(ii) 
and (iii) of this section, uncontrolled organic HAP emissions from any 
process vent may be reduced in accordance with any of the provisions in 
paragraphs (b)(2)(iv)(A) through (D) of this section. All remaining 
process vents within a process must be controlled in accordance with 
paragraphs (b)(2)(ii) and (iii) of this section.
    (A) To outlet concentrations less than or equal to 20 ppmv; or
    (B) By a flare that meets the requirements of Sec.  63.11(b); or
    (C) By a control device specified in Sec.  63.1365(a)(4); or
    (D) In accordance with the alternative standard specified in 
paragraph (b)(6) of this section.
    (3) HCl and Cl2 emissions from existing sources. For each process, 
the owner or operator of an existing source shall comply with the 
requirements of either paragraph (b)(3)(i) or (ii) of this section.
    (i) The uncontrolled HCl and Cl2 emissions, including HCl 
generated from the combustion of halogenated process vent emissions, 
from the sum of all process vents within a process shall not exceed 6.8 
Mg/yr.
    (ii) HCl and Cl2 emissions, including HCl generated from 
combustion of halogenated process vent emissions, from the sum of all 
process vents within a process shall be reduced by 94 percent or greater 
or to outlet concentrations less than or equal to 20 ppmv.
    (4) Organic HAP emissions from new sources. For each process, the 
owner or operator of a new source shall comply with the requirements of 
either paragraph (b)(4)(i) or (ii) of this section.
    (i) The uncontrolled organic HAP emissions shall not exceed 0.15 Mg/
yr from the sum of all process vents within a process.
    (ii) The uncontrolled organic HAP emissions from the sum of all 
process vents within a process at a new affected source that are not 
controlled according to any of the requirements of paragraphs 
(b)(4)(ii)(A) through (C) or

[[Page 467]]

(b)(6) of this section shall be reduced by 98 weight percent or greater.
    (A) To outlet concentrations less than or equal to 20 ppmv; or
    (B) By a flare that meets the requirements of Sec.  63.11(b); or
    (C) By a control device specified in Sec.  63.1365(a)(4).
    (5) HCl and Cl2 emissions from new sources. For each process, the 
owner or operator of a new source shall comply with the requirements of 
either paragraph (b)(5)(i), (ii), or (iii) of this section.
    (i) The uncontrolled HCl and Cl2 emissions, including HCl 
generated from combustion of halogenated process vent emissions, from 
the sum of all process vents within a process shall not exceed 6.8 Mg/
yr.
    (ii) If HCl and Cl2 emissions, including HCl generated 
from combustion of halogenated process vent emissions, from the sum of 
all process vents within a process are greater than 6.8 Mg/yr and less 
than or equal to 191 Mg/yr, these HCl and Cl2 emissions shall 
be reduced by 94 percent or to an outlet concentration less than or 
equal to 20 ppmv.
    (iii) If HCl and Cl2 emissions, including HCl generated 
from combustion of halogenated process vent emissions, from the sum of 
all process vents within a process are greater than 191 Mg/yr, these HCl 
and Cl2 emissions shall be reduced by 99 percent or greater 
or to an outlet concentration less than or equal to 20 ppmv.
    (6) Alternative standard. As an alternative to the provisions in 
paragraphs (b)(2) through (5) of this section, the owner or operator may 
route emissions from a process vent to a combustion control device 
achieving an outlet TOC concentration, as calibrated on methane or the 
predominant HAP, of 20 ppmv or less, and an outlet concentration of HCl 
and Cl2 of 20 ppmv or less. If the owner or operator is 
routing emissions to a non-combustion control device or series of 
control devices, the control device(s) must achieve an outlet TOC 
concentration, as calibrated on methane or the predominant HAP, of 50 
ppmv or less, and an outlet concentration of HCl and Cl2 of 
50 ppmv or less. Any process vents within a process that are not routed 
to such a control device or series of control devices must be controlled 
in accordance with the provisions of paragraph (b)(2)(ii), (iii), (iv), 
(b)(3)(ii), (b)(4)(ii), (b)(5)(ii) or (iii) of this section, as 
applicable.
    (c) Storage vessels. (1) The owner or operator shall either 
determine the group status of a storage vessel or designate it as a 
Group 1 storage vessel. If the owner or operator elects to designate the 
storage vessel as a Group 1 storage vessel, the owner or operator is not 
required to determine the maximum true vapor pressure of the material 
stored in the storage vessel.
    (2) Standard for existing sources. Except as specified in paragraphs 
(c)(4), (5), and (6) of this section, the owner or operator of a Group 1 
storage vessel at an existing affected source, as defined in Sec.  
63.1361, shall equip the affected storage vessel with one of the 
following:
    (i) A fixed roof and internal floating roof, or
    (ii) An external floating roof, or
    (iii) An external floating roof converted to an internal floating 
roof, or
    (iv) A closed vent system meeting the conditions of paragraph (j) of 
this section and a control device that meets any of the following 
conditions:
    (A) Reduces organic HAP emissions by 95 percent by weight or 
greater; or
    (B) Reduces organic HAP emissions to outlet concentrations of 20 
ppmv or less; or
    (C) Is a flare that meets the requirements of Sec.  63.11(b); or
    (D) Is a control device specified in Sec.  63.1365(a)(4).
    (3) Standard for new sources. Except as specified in paragraphs 
(c)(4), (5), and (6) of this section, the owner or operator of a Group 1 
storage vessel at a new source, as defined in Sec.  63.1361, shall equip 
the affected storage vessel in accordance with any one of paragraphs 
(c)(2)(i) through (iv) of this section.
    (4) Alternative standard. As an alternative to the provisions in 
paragraphs (c)(2) and (3) of this section, the owner or operator of an 
existing or new affected source may route emissions from storage vessels 
to a combustion control device achieving an outlet TOC concentration, as 
calibrated on methane or the predominant HAP, of 20

[[Page 468]]

ppmv or less, and an outlet concentration of hydrogen chloride and 
chlorine of 20 ppmv or less. If the owner or operator is routing 
emissions to a non-combustion control device or series of control 
devices, the control device(s) must achieve an outlet TOC concentration, 
as calibrated on methane or the predominant HAP, of 50 ppmv or less, and 
an outlet concentration of HCl and Cl2 of 50 ppmv or less.
    (5) Planned routine maintenance. The owner or operator is exempt 
from the specifications in paragraphs (c)(2) through (4) of this section 
during periods of planned routine maintenance of the control device that 
do not exceed 240 hr/yr. The owner or operator may submit an application 
to the Administrator requesting an extension of this time limit to a 
total of 360 hr/yr. The application must explain why the extension is 
needed, it must indicate that no material will be added to the storage 
vessel between the time the 240-hr limit is exceeded and the control 
device is again operational, and it must be submitted at least 60 days 
before the 240-hr limit will be exceeded.
    (6) Vapor balancing alternative. As an alternative to the 
requirements in paragraphs (c)(2) and (3) of this section, the owner or 
operator of an existing or new affected source may implement vapor 
balancing in accordance with paragraphs (c)(6)(i) through (vii) of this 
section.
    (i) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar or tank truck from which the storage tank is filled.
    (ii) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation pressure test 
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for 
railcars.
    (iii) Hazardous air pollutants must only be unloaded from tank 
trucks or railcars when vapor collection systems are connected to the 
storage tank's vapor collection system.
    (iv) No pressure relief device on the storage tank or on the railcar 
or tank truck shall open during loading or as a result of diurnal 
temperature changes (breathing losses).
    (v) Pressure relief devices on affected storage tanks must be set to 
no less than 2.5 psig at all times to prevent breathing losses. The 
owner or operator shall record the setting as specified in Sec.  
63.1367(b)(8) and comply with the following requirements for each 
pressure relief valve:
    (A) The pressure relief valve shall be monitored quarterly using the 
method described in Sec.  63.180(b).
    (B) An instrument reading of 500 ppmv or greater defines a leak.
    (C) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec.  63.1363(g)(4)(i) through (iv).
    (vi) Railcars or tank trucks that deliver HAP to an affected storage 
tank must be reloaded or cleaned at a facility that utilizes one of the 
following control techniques:
    (A) The railcar or tank truck must be connected to a closed vent 
system with a control device that reduces inlet emissions of HAP by 90 
percent by weight or greater; or
    (B) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck or railcar during 
reloading must be used to route the collected HAP vapor to the storage 
tank from which the liquid being transferred originated.
    (vii) The owner or operator of the facility where the railcar or 
tank truck is reloaded or cleaned must comply with the following 
requirements:
    (A) Submit to the owner or operator of the affected storage tank and 
to the Administrator a written certification that the reloading or 
cleaning facility will meet the requirements of this section. The 
certifying entity may revoke the written certification by sending a 
written statement to the owner or operator of the affected storage tank 
giving at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the requirements of 
this paragraph (c)(6)(vii)(A).

[[Page 469]]

    (B) If complying with paragraph (c)(6)(vi)(A) of this section, 
demonstrate initial compliance in accordance with Sec.  63.1365(d), 
demonstrate continuous compliance in accordance with Sec.  63.1366, keep 
records as specified in Sec.  63.1367, and prepare reports as specified 
in Sec.  63.1368.
    (C) If complying with paragraph (c)(6)(vi)(B) of this section, keep 
records of:
    (1) The equipment to be used and the procedures to be followed when 
reloading the railcar or tank truck and displacing vapors to the storage 
tank from which the liquid originates, and
    (2) Each time the vapor balancing system is used to comply with 
paragraph (c)(6)(vi)(B) of this section.
    (7) Compliance with the provisions of paragraphs (c)(2) and (3) of 
this section is demonstrated using the initial compliance procedures in 
Sec.  63.1365(d) and the monitoring requirements in Sec.  63.1366. 
Compliance with the outlet concentrations in paragraph (c)(4) of this 
section shall be determined by the initial compliance provisions in 
Sec.  63.1365(a)(5) and the continuous emission monitoring requirements 
of Sec.  63.1366(b)(5).
    (d) Wastewater. The owner or operator of each affected source shall 
comply with the requirements of Sec. Sec.  63.132 through 63.147, with 
the differences noted in paragraphs (d)(1) through (16) of this section 
for the purposes of this subpart.
    (1) When the determination of equivalence criteria in Sec.  
63.102(b) is referred to in Sec. Sec.  63.132, 63.133, and 63.137 of 
subpart G of this part, the provisions in Sec.  63.6(g) of subpart A of 
this part shall apply.
    (2) When the storage tank requirements contained in Sec. Sec.  
63.119 through 63.123 are referred to in Sec. Sec.  63.132 through 
63.147, Sec. Sec.  63.119 through 63.123 are applicable, with the 
exception of the differences noted in paragraphs (d)(2)(i) through (iv) 
of this section.
    (i) When the term ``storage vessel'' is used in Sec. Sec.  63.119 
through 63.123 of subpart G of this part, the definition of the term 
``storage vessel'' in Sec.  63.1361 shall apply for the purposes of this 
subpart.
    (ii) When December 31, 1992, is referred to in Sec.  63.119 of 
subpart G of this part, November 10, 1997 shall apply for the purposes 
of this subpart.
    (iii) When April 22, 1994 is referred to in Sec.  63.119 of subpart 
G of this part, June 23, 1999 shall apply for the purposes of this 
subpart.
    (iv) When the phrase ``the compliance date specified in Sec.  63.100 
of subpart F of this part'' is referred to in Sec.  63.120 of subpart G 
of this part, the phrase ``the compliance date specified in Sec.  
63.1364'' shall apply for the purposes of this subpart.
    (3) To request approval to monitor alternative parameters, as 
referred to in Sec.  63.146(a) of subpart G of this part, the owner or 
operator shall comply with the procedures in Sec.  63.8(f) of subpart A 
of this part, as referred to in Sec.  63.1366(b)(4), instead of the 
procedures in Sec.  63.151(f) or (g) of subpart G of this part.
    (4) When the Notification of Compliance Status report requirements 
contained in Sec.  63.152(b) of subpart G of this part are referred to 
in Sec.  63.146 of subpart G of this part, the Notification of 
Compliance Status report requirements in Sec.  63.1368(f) shall apply 
for the purposes of this subpart.
    (5) When the recordkeeping requirements contained in Sec.  63.152(f) 
of subpart G of this part are referred to in Sec.  63.147(d) of subpart 
G of this part, the recordkeeping requirements in Sec.  63.1367 shall 
apply for the purposes of this subpart.
    (6) When the Periodic report requirements contained in Sec.  
63.152(c) of subpart G of this part are referred to in Sec. Sec.  63.146 
and 63.147 of subpart G of this part, the Periodic report requirements 
contained in Sec.  63.1368(g) shall apply for the purposes of this 
subpart.
    (7) When the term ``process wastewater'' is referred to in 
Sec. Sec.  63.132 through 63.147 of subpart G of this part, the term 
``wastewater'' as defined in Sec.  63.1361 shall apply for the purposes 
of this subpart.
    (8) When the term ``Group 1 wastewater stream'' is used in 
Sec. Sec.  63.132 through 63.147 of subpart G of this part, the 
definition of the term ``Group 1 wastewater stream'' in Sec.  63.1361 
shall apply for both new sources and existing sources for the purposes 
of this subpart.

[[Page 470]]

    (9) The requirements in Sec. Sec.  63.132 through 63.147 for 
compounds listed on Table 8 of subpart G of this part shall not apply 
for the purposes of this subpart.
    (10) When the total load of Table 9 compounds in the sum of all 
process wastewater from PAI process units at a new affected source is 
2,100 Mg/yr (2,300 tons/yr) or more, the owner or operator shall reduce, 
by removal or destruction, the mass flow rate of all compounds in Table 
9 of subpart G of this part in all wastewater (process and maintenance 
wastewater) by 99 percent or more. Alternatively, the owner or operator 
may treat the wastewater in a unit identified in and complying with 
Sec.  63.138(h) of subpart G of this part. The removal/destruction 
efficiency shall be determined by the procedures specified in Sec.  
63.145(c) of subpart G of this part, for noncombustion processes, or 
Sec.  63.145(d) of subpart G of this part, for combustion processes.
    (11) The compliance date for the affected source subject to the 
provisions of this section is specified in Sec.  63.1364.
    (12) As an alternative to using Method 18 of 40 CFR part 60, as 
specified in Sec. Sec.  63.139(c)(1)(ii) and 63.145(i)(2), the owner or 
operator may elect to use Method 25 or Method 25A of 40 CFR part 60, as 
specified in Sec.  63.1365(b).
    (13) The requirement to correct outlet concentrations from 
combustion devices to 3 percent oxygen in Sec.  63.139(c)(1)(ii) shall 
apply only if supplemental gases are combined with affected vent 
streams, and the procedures in Sec.  63.1365(a)(7)(i) apply instead of 
the procedures in Sec.  63.145(i)(6) to determine the percent oxygen 
correction. If emissions are controlled with a vapor recovery system as 
specified in Sec.  63.139(c)(2), the owner or operator must correct for 
supplemental gases as specified in Sec.  63.1365(a)(7)(ii).
    (14) As an alternative to the management and treatment options 
specified in Sec.  63.132(g)(2), any Group 1 wastewater stream (or 
residual removed from a Group 1 wastewater stream) that contains less 
than 50 ppmw of HAP listed in Table 2 to subpart GGG of this part may be 
transferred offsite or to an on-site treatment operation not owned or 
operated by the owner or operator of the source generating the 
wastewater (or residual) if the transferee manages and treats the 
wastewater stream or residual in accordance with paragraphs (d)(14)(i) 
through (iv) of this section.
    (i) Treat the wastewater stream or residual in a biological 
treatment unit in accordance with Sec. Sec.  63.138 and 63.145.
    (ii) Cover the waste management units up to the activated sludge 
unit. Alternatively, covers are not required if the owner or operator 
demonstrates that less than 5 percent of the total HAP listed in Table 3 
to subpart GGG of this part is emitted.
    (iii) Inspect covers as specified in Sec.  63.1366(h).
    (iv) The reference in Sec.  63.132(g)(2) to ``Sec.  63.102(b) of 
subpart F'' does not apply for the purposes of this subpart.
    (15) When Sec.  63.133 refers to Table 10 to subpart G of this part, 
the maximum true vapor pressures in the table shall be limited to the 
HAP listed in Table 9 to subpart G of this part.
    (16) When the inspection, recordkeeping, and reporting requirements 
contained in Sec.  63.148 are referred to in Sec. Sec.  63.132 through 
63.147, the inspection requirements in Sec.  63.1366(h), the 
recordkeeping requirements in Sec.  63.1367(f), and the reporting 
requirements in Sec.  63.1368(g)(2)(iii) and (xi) shall apply for the 
purposes of this subpart.
    (e) Bag dumps and product dryers. (1) The owner or operator shall 
reduce particulate matter emissions to a concentration not to exceed 
0.01 gr/dscf from product dryers that dry a PAI or integral intermediate 
that is a HAP.
    (2) The owner or operator shall reduce particulate matter emissions 
to a concentration not to exceed 0.01 gr/dscf from bag dumps that 
introduce to a PAI process unit a feedstock that is a solid material and 
a HAP, excluding bag dumps where the feedstock contains HAP only as 
impurities.
    (3) Gaseous HAP emissions from product dryers and bag dumps shall be 
controlled in accordance with the provisions for process vent emissions 
in paragraph (b) of this section.
    (f) Heat exchange systems. Unless one or more of the conditions 
specified in Sec.  63.104(a)(1) through (6) of subpart F of this part 
are met, an owner or operator shall monitor each heat exchange system 
that is used to cool process equipment in PAI process units that are 
part

[[Page 471]]

of an affected source as defined in Sec.  63.1360(a) according to the 
provisions in either Sec.  63.104(b) or (c) of subpart F of this part. 
When the term ``chemical manufacturing process unit'' is used in Sec.  
63.104(c) of subpart F of this part, the term ``PAI process unit'' shall 
apply for the purposes of this subpart. Whenever a leak is detected, the 
owner or operator shall comply with the requirements in Sec.  63.104(d) 
of subpart F of this part. Delay of repair of heat exchange systems for 
which leaks have been detected is allowed in accordance with the 
provisions of Sec.  63.104(e) of subpart F of this part.
    (g) Pollution prevention alternative. Except as provided in 
paragraph (g)(1) of this section, for a process that has an initial 
startup before November 10, 1997, an owner or operator may choose to 
meet the pollution prevention alternative requirement specified in 
either paragraph (g)(2) or (3) of this section for any PAI process unit, 
in lieu of the requirements specified in paragraphs (b), (c), (d), and 
(e) of this section and in Sec.  63.1363. Compliance with the 
requirements of paragraphs (g)(2) and (3) of this section shall be 
demonstrated through the procedures in Sec. Sec.  63.1365(g) and 
63.1366(f).
    (1) A HAP must be controlled according to the requirements of 
paragraphs (b), (c), (d), and (e) of this section and Sec.  63.1363 if 
it is generated in the PAI process unit or an associated control device 
and it is not part of the production-indexed HAP consumption factor (HAP 
factor).
    (2) The HAP factor shall be reduced by at least 85 percent from a 3-
year average baseline beginning no earlier than the 1987 through 1989 
calendar years. Alternatively, for a process that has been operating for 
less than 3 years but more than 1 year, the baseline factor may be 
calculated for the time period from startup of the process until the 
present. For any reduction in the HAP factor achieved by reducing a HAP 
that is also a VOC, an equivalent reduction in the production-indexed 
VOC consumption factor (VOC factor) is also required (the equivalence is 
determined on a mass basis, not a percentage basis). For any reduction 
in the HAP factor that is achieved by reducing a HAP that is not a VOC, 
the VOC factor may not be increased.
    (3) As an alternative to the provisions in paragraph (g)(2) of this 
section, the owner or operator may combine pollution prevention with 
emissions control as specified in paragraphs (g)(3)(i) and (ii) of this 
section.
    (i) The HAP factor shall be reduced as specified in paragraph (g)(2) 
of this section except that a reduction of at least 50 percent shall 
apply for the purposes of this paragraph.
    (ii) The total annual HAP emissions from the PAI process unit shall 
be reduced by an amount that, when divided by the annual production rate 
and added to the reduction of the HAP factor yields a value of at least 
85 percent of the baseline HAP factor. The total annual VOC emissions 
from the process unit must be reduced by an amount equivalent to the 
reduction in HAP emissions for each HAP that is a VOC (the equivalence 
is determined on a mass basis). For HAP emissions reductions that are 
achieved by reducing a HAP that is not a VOC, the total annual VOC 
emissions may not be increased. The reduction in HAP air emissions must 
be achieved using one of the following control devices:
    (A) Combustion control devices such as incinerators, flares, or 
process heaters.
    (B) Control devices such as condensers and carbon adsorbers whose 
recovered product is destroyed or shipped offsite for destruction.
    (C) Any control device that does not ultimately allow for recycling 
of material back to the PAI process unit.
    (D) Any control device for which the owner or operator can 
demonstrate that the use of the device in controlling HAP emissions will 
have no effect on the HAP factor for the PAI process unit.
    (h) Emissions averaging provisions. Except as provided in paragraphs 
(h)(1) through (7) of this section, the owner or operator of an existing 
affected facility may choose to comply with the emission standards in 
paragraphs (b), (c), and (d) of this section by using emissions 
averaging procedures specified in Sec.  63.1365(h) for organic HAP 
emissions from any storage vessel, process, or waste management unit

[[Page 472]]

that is part of an affected source subject to this subpart.
    (1) A State may restrict the owner or operator of an existing source 
to use only the procedures in paragraphs (b), (c), and (d) of this 
section to comply with the emission standards where State authorities 
prohibit averaging of HAP emissions.
    (2) Group 1 emission points that are controlled as specified in 
paragraphs (h)(2)(i) through (iii) of this section may not be used to 
calculate emissions averaging credits, unless the equipment is approved 
for use in a different manner from that specified in paragraphs (b) 
through (d) of this section, and a nominal efficiency has been assigned 
according to the procedures in Sec.  63.150(i). The nominal efficiency 
must exceed the percent reduction required by paragraphs (b) and (c) of 
this section for process vents and storage vessels, respectively, exceed 
the percent reduction required in Sec.  63.139(c) for control devices 
used to control emissions vented from waste management units, and exceed 
the percent reduction required in Sec.  63.138(e) or (f) for wastewater 
treatment processes.
    (i) Storage vessels controlled with an internal floating roof 
meeting the specifications of Sec.  63.119(b), an external floating roof 
meeting the specifications of Sec.  63.119(c), or an external floating 
roof converted to an internal floating meeting the specifications of 
Sec.  63.119(d).
    (ii) Emission points controlled with a flare.
    (iii) Wastewater streams that are managed in waste management units 
that are controlled as specified in Sec. Sec.  63.133 through 63.137, 
treated using a steam stripper meeting the specifications of Sec.  
63.138(d), and emissions from the steam stripper are controlled in a 
control device that meets the percent reduction requirements specified 
in Sec.  63.139(c).
    (3) Process vents and storage vessels controlled with a control 
device to an outlet concentration of 20 ppmv or 50 ppmv, as specified in 
paragraph (b)(2)(iv)(A), (b)(3)(ii), (b)(6), (c)(2)(iv)(B), or (c)(4) of 
this section, and wastewater streams controlled in a treatment unit to 
an outlet concentration of 50 ppmw, may not be used in any averaging 
group.
    (4) Maintenance wastewater streams, wastewater streams treated in 
biological treatment units, and Group 2 wastewater streams that are not 
managed as specified in Sec. Sec.  63.133 through 63.137 may not be 
included in any averaging group.
    (5) Processes which have been permanently shut down and storage 
vessels permanently taken out of HAP service may not be included in any 
averaging group.
    (6) Emission points already controlled on or before November 15, 
1990 may not be used to generate emissions averaging credits, unless the 
level of control has been increased after November 15, 1990. In these 
cases, credit will be allowed only for the increase in control after 
November 15, 1990.
    (7) Emission points controlled to comply with a State or Federal 
rule other than this subpart may not be included in an emissions 
averaging group, unless the level of control has been increased after 
November 15, 1990, above what is required by the other State or Federal 
rule. Only the control above what is required by the other State or 
Federal rule will be credited. However, if an emission point has been 
used to generate emissions averaging credit in an approved emissions 
average, and the point is subsequently made subject to a State or 
Federal rule other than this subpart, the point can continue to generate 
emissions averaging credit for the purpose of complying with the 
previously approved average.
    (i) Opening of a safety device. The owner or operator that opens a 
safety device, as defined in Sec.  63.1361, is not exempt from 
applicable standards in order to avoid unsafe conditions. If opening a 
safety device results in the failure to meet any applicable standard, 
the owner or operator must still comply with the general duty to 
minimize emissions. If opening a safety device results in a deviation or 
excess emissions, such events must be reported as specified in Sec.  
63.1368(i). If the owner or operator attributes the event to a 
malfunction and intends to assert an affirmative defense, the owner or 
operator is subject to Sec.  63.1360(k).
    (j) Closed-vent systems. The owner or operator of a closed-vent 
system that

[[Page 473]]

contains bypass lines that could divert a vent stream away from a 
control device used to comply with the requirements in paragraphs (b) 
through (d) of this section shall comply with the requirements of Table 
3 of this subpart and paragraph (j)(1) or (2) of this section. Equipment 
such as low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, rupture disks and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
is capable of determining whether vent stream flow is present and taking 
frequent, periodic readings. Records shall be maintained as specified in 
Sec.  63.1367(f)(1). The flow indicator shall be installed at the 
entrance to any bypass line that could divert the vent stream away from 
the control device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or lock-and-key type configuration. Records shall be maintained as 
specified in Sec.  63.1367(f)(2).
    (k) Control requirements for certain liquid streams in open systems 
within a PAI process unit. (1) The owner or operator shall comply with 
the provisions of Table 4 of this subpart, for each item of equipment 
meeting all the criteria specified in paragraphs (k)(2) through (4) of 
this section and either paragraph (k)(5)(i) or (ii) of this section.
    (2) The item of equipment is of a type identified in Table 4 of this 
subpart;
    (3) The item of equipment is part of a PAI process unit as defined 
in Sec.  63.1361;
    (4) The item of equipment is controlled less stringently than in 
Table 4 of this subpart, and the item of equipment is not otherwise 
exempt from controls by the provisions of this subpart or subpart A of 
this part;
    (5) The item of equipment:
    (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or 
oil/water separator that conveys water with a total annual average 
concentration greater than or equal to 10,000 ppm by weight of compounds 
in Table 9 of subpart G of this part at any flowrate; or a total annual 
average concentration greater than or equal to 1,000 ppm by weight of 
compounds in Table 9 of subpart G of this part at an annual average flow 
rate greater than or equal to 10 liters per minute; or
    (ii) Is a tank that receives one or more streams that contain water 
with a total annual average concentration greater than or equal to 1,000 
ppm by weight of compounds in Table 9 of subpart G of this part at an 
annual average flowrate greater than or equal to 10 liters per minute. 
The owner or operator of the source shall determine the characteristics 
of the stream as specified in paragraphs (k)(5)(ii)(A) and (B) of this 
section.
    (A) The characteristics of the stream being received shall be 
determined at the inlet to the tank.
    (B) The characteristics shall be determined according to the 
procedures in Sec.  63.144(b) and (c) of subpart G of this part.
    (l) Exemption for RCRA treatment units. An owner or operator shall 
be exempt from the initial compliance demonstrations and monitoring 
provisions in Sec. Sec.  63.1365 and 63.1366 and the associated 
recordkeeping and reporting requirements in Sec. Sec.  63.1367 and 
63.1368 for emissions from process vents, storage vessels, and waste 
management units that are discharged to the following devices:
    (1) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (2) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59343, Sept. 20, 2002; 
68 FR 37358, June 23, 2003; 79 FR 17372, Mar. 27, 2014]



Sec.  63.1363  Standards for equipment leaks.

    (a) General equipment leak requirements. (1) The provisions of this 
section

[[Page 474]]

apply to ``equipment'' as defined in Sec.  63.1361. The provisions of 
this section also apply to any closed-vent systems and control devices 
required by this section.
    (2) Consistency with other regulations. After the compliance date 
for a process, equipment subject to both this section and either of the 
following will be required to comply only with the provisions of this 
subpart:
    (i) 40 CFR part 60.
    (ii) 40 CFR part 61.
    (3) [Reserved]
    (4) The provisions in Sec.  63.1(a)(3) of subpart A of this part do 
not alter the provisions in paragraph (a)(2) of this section.
    (5) Lines and equipment not containing process fluids are not 
subject to the provisions of this section. Utilities, and other 
nonprocess lines, such as heating and cooling systems which do not 
combine their materials with those in the processes they serve, are not 
considered to be part of a process.
    (6) The provisions of this section do not apply to bench-scale 
processes, regardless of whether the processes are located at the same 
plant site as a process subject to the provisions of this subpart MMM.
    (7) Each piece of equipment to which this section applies shall be 
identified such that it can be distinguished readily from equipment that 
is not subject to this section. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, or by 
designation of process boundaries by some form of weatherproof 
identification. If changes are made to the affected source subject to 
the leak detection requirements, equipment identification for each type 
of component shall be updated, if needed, within 15 calendar days of the 
end of each monitoring period for that component.
    (8) Equipment that is in vacuum service is excluded from the 
requirements of this section.
    (9) Equipment that is in organic HAP service, but is in such service 
less than 300 hours per calendar year, is excluded from the requirements 
of this section if it is identified as required in paragraph (g)(9) of 
this section.
    (10) When each leak is detected by visual, audible, or olfactory 
means, or by monitoring as described in Sec.  63.180(b) or (c) of 
subpart H of this part, the following requirements apply:
    (i) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (ii) The identification on a valve in light liquid or gas/vapor 
service may be removed after it has been monitored as specified in 
paragraph (e)(7)(iii) of this section, and no leak has been detected 
during the follow-up monitoring. If an owner or operator elects to 
comply with Sec.  63.174(c)(1)(i), the identification on a connector may 
be removed after it has been monitored as specified in Sec.  
63.174(c)(1)(i) and no leak is detected during that monitoring.
    (iii) The identification on equipment, except as specified in 
paragraph (a)(10)(ii) of this section, may be removed after it has been 
repaired.
    (b) References. The owner or operator shall comply with the 
provisions of subpart H of this part as specified in paragraphs (b)(1) 
through (3) of this section and with paragraph (b)(4) of this section 
for pressure relief devices. When the term ``process unit'' is used in 
subpart H of this part, it shall mean any group of processes for the 
purposes of this subpart. Groups of processes as used in this subpart 
may be any individual process or combination of processes.
    (1) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170, 
63.173, 63.175, 63.176, 63.181, and 63.182 of subpart H of this part 
shall not apply for the purposes of this subpart MMM. The owner or 
operator shall comply with the provisions specified in paragraphs 
(b)(1)(i) through (viii) of this section.
    (i) Sections 63.160 and 63.162 of subpart H of this part shall not 
apply, instead the owner or operator shall comply with paragraph (a) of 
this section;
    (ii) Section 63.161 of subpart H of this part shall not apply, 
instead the owner or operator shall comply with Sec.  63.1361;
    (iii) Sections 63.163 and 63.173 of subpart H of this part shall not 
apply, instead the owner or operator shall comply with paragraph (c) of 
this section;
    (iv) Section 63.167 of subpart H of this part shall not apply, 
instead the owner

[[Page 475]]

or operator shall comply with paragraph (d) of this section;
    (v) Section 63.168 of subpart H of this part shall not apply, 
instead the owner or operator shall comply with paragraph (e) of this 
section;
    (vi) Section 63.170 of subpart H of this part shall not apply, 
instead the owner or operator shall comply with Sec.  63.1362(b);
    (vii) Section 63.181 of subpart H of this part shall not apply, 
instead the owner or operator shall comply with paragraph (g) of this 
section; and
    (viii) Section 63.182 of subpart H of this part shall not apply, 
instead the owner or operator shall comply with paragraph (h) of this 
section.
    (2) The owner or operator shall comply with Sec. Sec.  63.164, 
63.166, 63.169, 63.177, and 63.179 of subpart H of this part in their 
entirety, except that when these sections reference other sections of 
subpart H of this part, the owner or operator shall comply with the 
revised sections as specified in paragraphs (b)(1), (3), and (4) of this 
section. Section 63.164 of subpart H of this part applies to 
compressors. Section 63.166 of subpart H of this part applies to 
sampling connection systems. Section 63.169 of subpart H of this part 
applies to: pumps, valves, connectors, and agitators in heavy liquid 
service; instrumentation systems; and pressure relief devices in liquid 
service. Section 63.177 of subpart H of this subpart applies to general 
alternative means of emission limitation. Section 63.179 of subpart H of 
this part applies to alternative means of emission limitation for 
enclosed-vented process units.
    (3) The owner or operator shall comply with Sec. Sec.  63.171, 
63.172, 63.174, 63.178, and 63.180 of subpart H of this part with the 
differences specified in paragraphs (b)(3)(i) through (v) of this 
section.
    (i) Section 63.171, Delay of repair, shall apply except Sec.  
63.171(a) shall not apply. Delay of repair of equipment for which leaks 
have been detected is allowed if one of the following conditions exist:
    (A) The repair is technically infeasible without a process shutdown. 
Repair of this equipment shall occur by the end of the next scheduled 
process shutdown.
    (B) The owner or operator determines that repair personnel would be 
exposed to an immediate danger if attempting to repair without a process 
shutdown. Repair of this equipment shall occur by the end of the next 
scheduled process shutdown.
    (ii) Section 63.172, Closed-vent systems and control devices, shall 
apply for closed-vent systems used to comply with this section, and for 
control devices used to comply with this section only, except:
    (A) Section 63.172(k) and (l) shall not apply. The owner or operator 
shall instead comply with paragraph (f) of this section.
    (B) Owners or operators may, instead of complying with the 
provisions of Sec.  63.172(f), design a closed-vent system to operate at 
a pressure below atmospheric pressure. The system shall be equipped with 
at least one pressure gauge or other pressure measurement device that 
can be read from a readily accessible location to verify that negative 
pressure is being maintained in the closed-vent system when the 
associated control device is operating.
    (iii) Section 63.174, Connectors, shall apply except:
    (A) Section 63.174(b), (f), (g), and (h) shall not apply. In place 
of Sec.  63.174(b), the owner or operator shall comply with paragraphs 
(b)(3)(iii)(C) through (G) of this section. In place of Sec.  63.174(f), 
(g), and (h), the owner or operator shall comply with paragraph (f) of 
this section.
    (B) Days that the connectors are not in organic HAP service shall 
not be considered part of the 3-month period in Sec.  63.174(c).
    (C) If the percent leaking connectors in a group of processes was 
greater than or equal to 0.5 percent during the initial monitoring 
period, monitoring shall be performed once per year until the percent 
leaking connectors is less than 0.5 percent.
    (D) If the percent leaking connectors in the group of processes was 
less than 0.5 percent, but equal to or greater than 0.25 percent, during 
the last required monitoring period, monitoring shall be performed once 
every 4 years. An owner or operator may comply with the requirements of 
this paragraph by monitoring at least 40 percent of the

[[Page 476]]

connectors in the first 2 years and the remainder of the connectors 
within the next 2 years. The percent leaking connectors will be 
calculated for the total of all monitoring performed during the 4-year 
period.
    (E) The owner or operator shall increase the monitoring frequency to 
once every 2 years for the next monitoring period if leaking connectors 
comprise at least 0.5 percent but less than 1.0 percent of the 
connectors monitored within either the 4 years specified in paragraph 
(b)(3)(iii)(D) of this section, the first 4 years specified in paragraph 
(b)(3)(iii)(G) of this section, or the entire 8 years specified in 
paragraph (b)(3)(iii)(G) of this section. At the end of that 2-year 
monitoring period, the owner or operator shall monitor once per year 
while the percent leaking connectors is greater than or equal to 0.5 
percent; if the percent leaking connectors is less than 0.5 percent, the 
owner or operator may again elect to monitor in accordance with 
paragraph (b)(3)(iii)(D) or (G) of this section, as applicable.
    (F) If an owner or operator complying with the requirements of 
paragraph (b)(3)(iii)(D) or (G) of this section for a group of processes 
determines that 1 percent or greater of the connectors are leaking, the 
owner or operator shall increase the monitoring frequency to one time 
per year. The owner or operator may again elect to use the provisions of 
paragraph (b)(3)(iii)(D) or (G) of this section after a monitoring 
period in which less than 0.5 percent of the connectors are determined 
to be leaking.
    (G) Monitoring shall be required once every 8 years, if the percent 
leaking connectors in the group of process units was less than 0.25 
percent during the last required monitoring period. An owner or operator 
shall monitor at least 50 percent of the connectors in the first 4 years 
and the remainder of the connectors within the next 4 years. If the 
percent leaking connectors in the first 4 years is equal to or greater 
than 0.35 percent, the monitoring program shall revert at that time to 
the appropriate monitoring frequency specified in paragraph 
(b)(3)(iii)(D), (E), or (F) of this section.
    (iv) Section 63.178, shall apply, except as specified in paragraphs 
(b)(3)(iv)(A) and (B) of this section.
    (A) Section 63.178(b), requirements for pressure testing, shall 
apply to all processes, not just batch processes.
    (B) For pumps, the phrase ``at the frequencies specified in Table 1 
of this subpart'' in Sec.  63.178(c)(3)(iii) shall mean ``quarterly'' 
for the purposes of this subpart.
    (v) Section 63.180 of subpart H of this part, Test methods and 
procedures, shall apply except Sec.  63.180(b)(4)(ii)(A) through (C) of 
subpart H of this part shall not apply. Calibration gases shall be a 
mixture of methane and air at a concentration of approximately, but less 
than, 10,000 parts per million methane for agitators, 2,000 parts per 
million for pumps, and 500 parts per million for all other equipment, 
except as provided in Sec.  63.180(b)(4)(iii) of subpart H of this part.
    (4) Requirements for pressure relief devices. Except as specified in 
paragraph (b)(4)(iv) of this section, the owner or operator must comply 
with the operating and pressure release requirements specified in 
paragraphs (b)(4)(i) and (ii) of this section for pressure relief 
devices in organic HAP gas or vapor service. Except as specified in 
paragraph (b)(4)(iv) of this section, the owner or operator must also 
comply with the pressure release management requirements specified in 
paragraph (b)(4)(iii) of this section for all pressure relief devices in 
organic HAP service.
    (i) Operating requirements. Except during a pressure release event, 
operate each pressure relief device in organic HAP gas or vapor service 
with an instrument reading of less than 500 ppm above background as 
detected by Method 21 of 40 CFR part 60, appendix A.
    (ii) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, comply with paragraphs (b)(4)(ii)(A) 
or (B) of this section, as applicable.
    (A) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as detected by Method 21 of 
40 CFR part 60, appendix A, no later than 5 calendar days after the 
pressure release to verify that the pressure relief device is operating 
with an instrument reading

[[Page 477]]

of less than 500 ppm above background, except as provided in Sec.  
63.171.
    (B) If the pressure relief device consists of or includes a rupture 
disk, install a replacement disk as soon as practicable after a pressure 
release, but no later than 5 calendar days after the pressure release, 
except as provided in Sec.  63.171.
    (iii) Pressure release management. Except as specified in paragraph 
(b)(4)(iv) of this section, pressure releases to the atmosphere from 
pressure relief devices in organic HAP service are prohibited, and the 
owner or operator must comply with the requirements specified in 
paragraphs (b)(4)(iii)(A) and (B) of this section for all pressure 
relief devices in organic HAP service.
    (A) For each pressure relief device in organic HAP service, the 
owner or operator must equip each pressure relief device with a 
device(s) or use a monitoring system that is capable of:
    (1) Identifying the pressure release;
    (2) Recording the time and duration of each pressure release; and
    (3) Notifying operators immediately that a pressure release is 
occurring. The device or monitoring system may be either specific to the 
pressure relief device itself or may be associated with the process 
system or piping, sufficient to indicate a pressure release to the 
atmosphere. Examples of these types of devices and systems include, but 
are not limited to, a rupture disk indicator, magnetic sensor, motion 
detector on the pressure relief valve stem, flow monitor, or pressure 
monitor.
    (B) If any pressure relief device in organic HAP service releases to 
atmosphere as a result of a pressure release event, the owner or 
operator must calculate the quantity of organic HAP released during each 
pressure release event and report this quantity as required in paragraph 
(h)(3)(v) of this section. Calculations may be based on data from the 
pressure relief device monitoring alone or in combination with process 
parameter monitoring data and process knowledge.
    (iv) Pressure relief devices routed to a control device, process, or 
drain system. If a pressure relief device in organic HAP service is 
designed and operated to route all pressure releases through a closed 
vent system to a control device, process, or drain system, the owner or 
operator is not required to comply with paragraphs (b)(4)(i), (ii), or 
(iii) (if applicable) of this section. Both the closed vent system and 
control device (if applicable) must meet the requirements of Sec.  
63.172. The drain system (if applicable) must meet the requirements of 
Sec.  63.136.
    (c) Standards for pumps in light liquid service and agitators in 
gas/vapor service and in light liquid service. (1) The provisions of 
this section apply to each pump that is in light liquid service, and to 
each agitator in gas/vapor service or in light liquid service.
    (2)(i) Monitoring. Each pump and agitator subject to this section 
shall be monitored quarterly to detect leaks by the method specified in 
Sec.  63.180(b), except as provided in Sec. Sec.  63.177, 63.178, 
paragraph (f) of this section, and paragraphs (c)(5) through (9) of this 
section.
    (ii) Leak definition. The instrument reading, as determined by the 
method as specified in Sec.  63.180(b) of subpart H of this part, that 
defines a leak is:
    (A) For agitators, an instrument reading of 10,000 parts per million 
or greater.
    (B) For pumps, an instrument reading of 2,000 parts per million or 
greater.
    (iii) Visual inspections. Each pump and agitator shall be checked by 
visual inspection each calendar week for indications of liquids dripping 
from the pump or agitator seal. If there are indications of liquids 
dripping from the seal at the time of the weekly inspection, the owner 
or operator shall follow the procedure specified in either paragraph 
(c)(2)(iii)(A) or (B) of this section prior to the next weekly 
inspection.
    (A) The owner or operator shall monitor the pump or agitator by the 
method specified in Sec.  63.180(b). If the instrument reading indicates 
a leak as specified in paragraph (c)(2)(ii) of this section, a leak is 
detected.
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (3) Repair provisions. (i) When a leak is detected pursuant to 
paragraph (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of 
this section, it shall be repaired as soon as practicable, but not later 
than 15 calendar days after it is

[[Page 478]]

detected, except as provided in paragraph (b)(3)(i) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (A) Tightening of packing gland nuts.
    (B) Ensuring that the seal flush is operating at design pressure and 
temperature.
    (4) Calculation of percent leakers. (i) The owner or operator shall 
decide no later than the end of the first monitoring period what groups 
of processes will be developed. Once the owner or operator has decided, 
all subsequent percent calculations shall be made on the same basis.
    (ii) If, calculated on a 1-year rolling average, 10 percent or more 
of the pumps in a group of processes (or 3 pumps in a group of processes 
with fewer than 30 pumps) leak, the owner or operator shall monitor each 
pump once per month, until the calculated 1-year rolling average value 
drops below 10 percent (or three pumps in a group of processes with 
fewer than 30 pumps).
    (iii) The number of pumps in a group of processes shall be the sum 
of all the pumps in organic HAP service, except that pumps found leaking 
in a continuous process within 1 quarter after startup of the pump shall 
not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (iv) Percent leaking pumps shall be determined using Equation 3 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.002

Where:

%PL = percent leaking pumps
PL = number of pumps found leaking as determined through 
          quarterly monitoring as required in paragraphs (c)(2)(i) and 
          (ii) of this section.
PT = total pumps in organic HAP service, including those 
          meeting the criteria in paragraphs (c)(5) and (6) of this 
          section
PS = number of pumps in a continuous process leaking within 1 
          quarter of startup during the current monitoring period

    (5) Exemptions. Each pump or agitator equipped with a dual 
mechanical seal system that includes a barrier fluid system and meets 
the requirements specified in paragraphs (c)(5)(i) through (vii) is 
exempt from the requirements of paragraphs (c)(1) through (c)(4)(iii) of 
this section, except as specified in paragraphs (c)(5)(iv)(A) and (vii) 
of this section.
    (i) Each dual mechanical seal system is:
    (A) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump/agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of paragraph (b)(3)(ii) of this section; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each pump/agitator is checked by visual inspection each 
calendar week for indications of liquids dripping from the pump/agitator 
seal. If there are indications of liquids dripping from the pump or 
agitator seal at the time of the weekly inspection, the owner or 
operator shall follow the procedures specified in either paragraph 
(c)(5)(iv)(A) or (B) of this section prior to the next required 
inspection.
    (A) The owner or operator shall monitor the pump or agitator using 
the method specified in Sec.  63.180(b) to determine if there is a leak 
of organic HAP in the barrier fluid. If the instrument reading indicates 
a leak, as specified in paragraph (c)(2)(ii) of this section, a leak is 
detected.

[[Page 479]]

    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (c)(5)(iii) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (vi)(A) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicate failure 
of the seal system, the barrier fluid system, or both.
    (B) If indications of liquids dripping from the pump/agitator seal 
exceed the criteria established in paragraph (c)(5)(vi)(A) of this 
section, or if, based on the criteria established in paragraph 
(c)(5)(vi)(A) of this section, the sensor indicates failure of the seal 
system, the barrier fluid system, or both, a leak is detected.
    (vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or 
(vi)(B) of this section, the leak must be repaired as specified in 
paragraph (c)(3) of this section.
    (6) Any pump/agitator that is designed with no externally actuated 
shaft penetrating the pump/agitator housing is exempt from the 
requirements of paragraphs (c)(1) through (3) of this section.
    (7) Any pump/agitator equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals back to 
the process or to a control device that complies with the requirements 
of paragraph (b)(3)(ii) of this section is exempt from the requirements 
of paragraphs (c)(2) through (5) of this section.
    (8) Any pump/agitator that is located within the boundary of an 
unmanned plant site is exempt from the weekly visual inspection 
requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section, 
and the daily requirements of paragraph (c)(5)(v) of this section, 
provided that each pump/agitator is visually inspected as often as 
practicable and at least monthly.
    (9) If more than 90 percent of the pumps in a group of processes 
meet the criteria in either paragraph (c)(5) or (6) of this section, the 
group of processes is exempt from the requirements of paragraph (c)(4) 
of this section.
    (d) Standards: open-ended valves or lines. (1)(i) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec.  63.177 of subpart H of this 
part and paragraphs (d)(4) through (6) of this section.
    (ii) The cap, blind flange, plug, or second valve shall seal the 
open end at all times except during operations requiring process fluid 
flow through the open-ended valve or line, or during maintenance or 
repair. The cap, blind flange, plug, or second valve shall be in place 
within 1 hour of cessation of operations requiring process fluid flow 
through the open-ended valve or line, or within 1 hour of cessation of 
maintenance or repair.
    (2) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (d)(1) of 
this section at all other times.
    (4) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (d)(1) through (3) of this 
section.
    (5) Open-ended valves or lines containing materials which would 
autocatalytically polymerize are exempt from the requirements of 
paragraphs (d)(1) through (3) of this section.
    (6) Open-ended valves or lines containing materials which could 
cause an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraphs (d)(1) through (3) of this section are exempt from the 
requirements of paragraphs (d)(1) through (3) of this section.
    (e) Standards: valves in gas/vapor service and in light liquid 
service. (1) The provisions of this section apply to valves that are 
either in gas/vapor service or in light liquid service.

[[Page 480]]

    (2) For existing and new affected sources, all valves subject to 
this section shall be monitored, except as provided in paragraph (f) of 
this section and in Sec.  63.177 of subpart H of this part, by no later 
than 1 year after the compliance date.
    (3) Monitoring. The owner or operator of a source subject to this 
section shall monitor all valves, except as provided in paragraph (f) of 
this section and in Sec.  63.177 of subpart H of this part, at the 
intervals specified in paragraph (e)(4) of this section and shall comply 
with all other provisions of this section, except as provided in 
paragraph (b)(3)(i) of this section and Sec. Sec.  63.178 and 63.179 of 
subpart H of this part.
    (i) The valves shall be monitored to detect leaks by the method 
specified in Sec.  63.180(b) of subpart H of this part.
    (ii) An instrument reading of 500 parts per million or greater 
defines a leak.
    (4) Subsequent monitoring frequencies. After conducting the initial 
survey required in paragraph (e)(2) of this section, the owner or 
operator shall monitor valves for leaks at the intervals specified 
below:
    (i) For a group of processes with 2 percent or greater leaking 
valves, calculated according to paragraph (e)(6) of this section, the 
owner or operator shall monitor each valve once per month, except as 
specified in paragraph (e)(9) of this section.
    (ii) For a group of processes with less than 2 percent leaking 
valves, the owner or operator shall monitor each valve once each 
quarter, except as provided in paragraphs (e)(4)(iii) through (v) of 
this section.
    (iii) For a group of processes with less than 1 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
2 quarters.
    (iv) For a group of processes with less than 0.5 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
4 quarters.
    (v) For a group of processes with less than 0.25 percent leaking 
valves, the owner or operator may elect to monitor each valve once every 
2 years.
    (5) Calculation of percent leakers. For a group of processes to 
which this subpart applies, the owner or operator may choose to 
subdivide the valves in the applicable group of processes and apply the 
provisions of paragraph (e)(4) of this section to each subgroup. If the 
owner or operator elects to subdivide the valves in the applicable group 
of processes, then the provisions of paragraphs (e)(5)(i) through (viii) 
of this section apply.
    (i) The overall performance of total valves in the applicable group 
of processes must be less than 2 percent leaking valves, as detected 
according to paragraphs (e)(3)(i) and (ii) of this section and as 
calculated according to paragraphs (e)(6)(ii) and (iii) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the provisions of paragraphs (e)(5)(ii) 
(A) through (C) of this section.
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with the less frequently monitored 
subgroup's monitoring event and associated next percent leaking valves 
calculation for that group.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (e.g., for the last 12 months, 
if the valve or group of valves is to be reassigned to a subgroup being 
monitored annually). Nonrepairable valves may not be reassigned to a 
less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall

[[Page 481]]

performance of total valves in the applicable group of processes is less 
than 2 percent leaking valves and so indicate the performance in the 
next Periodic report. If the overall performance of total valves in the 
applicable group of processes is 2 percent leaking valves or greater, 
the owner or operator shall revert to the program required in paragraphs 
(e)(2) through (4) of this section. The overall performance of total 
valves in the applicable group of processes shall be calculated as a 
weighted average of the percent leaking valves of each subgroup 
according to Equation 4 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.003

Where:

%VLO = overall performance of total valves in the applicable 
          group of processes
%VLi = percent leaking valves in subgroup i, most recent 
          value calculated according to the procedures in paragraphs 
          (e)(6)(ii) and (iii) of this section
Vi = number of valves in subgroup i
n = number of subgroups

    (iv) Records. In addition to records required by paragraph (g) of 
this section, the owner or operator shall maintain records specified in 
paragraphs (e)(5)(iv)(A) through (D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (e)(5)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to subgroup valves. The notification shall identify the 
participating processes and the valves assigned to each subgroup.
    (vi) Semiannual reports. In addition to the information required by 
paragraph (h)(3) of this section, the owner or operator shall submit in 
the Periodic reports the information specified in paragraphs 
(e)(5)(vi)(A) and (B) of this section.
    (A) Valve reassignments occurring during the reporting period, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (e)(5)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (e)(6)(iii) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (e)(5)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a process for the purposes of applying the 
provisions of this section.
    (6)(i) The owner or operator shall decide no later than the 
implementation date of this subpart or upon revision of an operating 
permit how to group the processes. Once the owner or operator has 
decided, all subsequent percentage calculations shall be made on the 
same basis.
    (ii) Percent leaking valves for each group of processes or subgroup 
shall be determined using Equation 5 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.004

Where:

%VL = percent leaking valves
VL = number of valves found leaking excluding nonrepairables 
          as provided in paragraph (e)(6)(iv)(A) of this section
VT = total valves monitored, in a monitoring period excluding 
          valves monitored as required by paragraph (e)(7)(iii) of this 
          section

    (iii) When determining monitoring frequency for each group of 
processes or subgroup subject to monthly, quarterly, or semiannual 
monitoring frequencies, the percent leaking valves shall be the 
arithmetic average of the percent leaking valves from the last two 
monitoring periods. When determining monitoring frequency for each group 
of processes or subgroup subject to annual or biennial (once every 2 
years) monitoring frequencies, the percent leaking valves shall be the 
arithmetic average of the percent leaking valves from the last three 
monitoring periods.

[[Page 482]]

    (iv)(A) Nonrepairable valves shall be included in the calculation of 
percent leaking valves the first time the valve is identified as leaking 
and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B) 
of this section. Otherwise, a number of nonrepairable valves (identified 
and included in the percent leaking calculation in a previous period) up 
to a maximum of 1 percent of the total number of valves in organic HAP 
service at a process may be excluded from calculation of percent leaking 
valves for subsequent monitoring periods.
    (B) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in organic HAP service at a process, the number 
of nonrepairable valves exceeding 1 percent of the total number of 
valves in organic HAP service shall be included in the calculation of 
percent leaking valves.
    (7) Repair provisions. (i) When a leak is detected, it shall be 
repaired as soon as practicable, but no later than 15 calendar days 
after the leak is detected, except as provided in paragraph (b)(3)(i) of 
this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (iii) When a leak is repaired, the valve shall be monitored at least 
once within the first 3 months after its repair. Days that the valve is 
not in organic HAP service shall not be considered part of this 3-month 
period. The monitoring required by this paragraph is in addition to the 
monitoring required to satisfy the definitions of ``repaired'' and 
``first attempt at repair.''
    (A) The monitoring shall be conducted as specified in Sec.  
63.180(b) and (c) as appropriate, to determine whether the valve has 
resumed leaking.
    (B) Periodic monitoring required by paragraphs (e)(2) through (4) of 
this section may be used to satisfy the requirements of paragraph 
(e)(7)(iii) of this section, if the timing of the monitoring period 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section. Alternatively, other monitoring may be performed to satisfy the 
requirements of paragraph (e)(7)(iii) of this section, regardless of 
whether the timing of the monitoring period for periodic monitoring 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section.
    (C) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (e)(7)(iii) of this section, the owner or operator shall 
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this 
section to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (e)(6) of this section.
    (1) If the owner or operator elects to use periodic monitoring 
required by paragraphs (e)(2) through (4) of this section to satisfy the 
requirements of paragraph (e)(7)(iii) of this section, then the valve 
shall be counted as a leaking valve.
    (2) If the owner or operator elects to use other monitoring prior to 
the periodic monitoring required by paragraphs (e)(2) through (4) of 
this section to satisfy the requirements of paragraph (e)(7)(iii) of 
this section, then the valve shall be counted as a leaking valve unless 
it is repaired and shown by periodic monitoring not to be leaking.
    (8) First attempts at repair include, but are not limited to, the 
following practices where practicable:
    (i) Tightening of bonnet bolts,
    (ii) Replacement of bonnet bolts,
    (iii) Tightening of packing gland nuts, and
    (iv) Injection of lubricant into lubricated packing.
    (9) Any equipment located at a plant site with fewer than 250 valves 
in organic HAP service in the affected source is exempt from the 
requirements for monthly monitoring specified in paragraph (e)(4)(i) of 
this section. Instead, the owner or operator shall monitor each valve in 
organic HAP service for leaks once each quarter, or comply with 
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided 
in paragraph (f) of this section.
    (f) Unsafe to monitor, difficult-to-monitor, and inaccessible 
equipment. (1) Equipment that is designated as unsafe-to-monitor, 
difficult-to-monitor, or inaccessible is exempt from the requirements as 
specified in paragraphs (f)(1)(i) through (iv) of this section provided 
the owner or operator meets the requirements specified in paragraph

[[Page 483]]

(f)(2), (3), or (4) of this section, as applicable. All equipment, 
except connectors that meet the requirements in paragraph (f)(4) of this 
section, must be assigned to a group of processes. Ceramic or ceramic-
lined connectors are subject to the same requirements as inaccessible 
connectors.
    (i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this 
section do not apply.
    (ii) For valves, paragraphs (e)(2) through (7) of this section do 
not apply.
    (iii) For connectors, Sec.  63.174(b) through (e) and paragraphs 
(b)(3)(iii)(C) through (G) of this section do not apply.
    (iv) For closed-vent systems, Sec.  63.172(f)(1), (f)(2), and (g) do 
not apply.
    (2) Equipment that is unsafe-to-monitor. (i) Valves, connectors, 
agitators, and any part of closed-vent systems may be designated as 
unsafe-to-monitor if the owner or operator determines that monitoring 
personnel would be exposed to an immediate danger as a consequence of 
complying with the monitoring requirements identified in paragraphs 
(f)(1)(i) through (iii) of this section, or the inspection requirements 
identified in paragraph (f)(1)(iv) of this section.
    (ii) The owner or operator of equipment that is designated as 
unsafe-to-monitor must have a written plan that requires monitoring of 
the equipment as frequently as practicable during safe-to-monitor times. 
For valves, connectors, and agitators, monitoring shall not be more 
frequent than the periodic monitoring schedule otherwise applicable to 
the group of processes in which the equipment is located. For closed-
vent systems, inspections shall not be more frequent than annually.
    (3) Equipment that is difficult-to-monitor. (i) A valve, agitator, 
pump, or any part of a closed-vent system may be designated as 
difficult-to-monitor if the owner or operator determines that the 
equipment cannot be monitored or inspected without elevating the 
monitoring personnel more than 2 meters above a support surface or the 
equipment is not accessible in a safe manner when it is in organic HAP 
service;
    (ii) At a new affected source, an owner or operator may designate no 
more than 3 percent of valves as difficult-to-monitor.
    (iii) The owner or operator of valves, agitators, or pumps 
designated as difficult-to-monitor must have a written plan that 
requires monitoring of the equipment at least once per calendar year or 
on the periodic monitoring schedule otherwise applicable to the group of 
processes in which the equipment is located, whichever is less frequent. 
For any part of a closed-vent system designated as difficult-to-monitor, 
the owner or operator must have a written plan that requires inspection 
of the closed-vent system at least once every 5 years.
    (4) Inaccessible, ceramic, or ceramic-lined connectors. (i) A 
connector may be designated as inaccessible if it is:
    (A) Buried;
    (B) Insulated in a manner that prevents access to the equipment by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
equipment by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to equipment up to 7.6 meters 
above the ground; or
    (E) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (F) Would require elevating the monitoring personnel more than 2 
meters above a permanent support surface or would require the erection 
of scaffold.
    (ii) At a new affected source, an owner or operator may designate no 
more than 3 percent of connectors as inaccessible.
    (iii) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the leak shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected, except as provided in 
paragraph (b)(3)(i) of this section.

[[Page 484]]

    (iv) Any connector that is inaccessible or that is ceramic or 
ceramic-lined is exempt from the recordkeeping and reporting 
requirements of paragraphs (g) and (h) of this section.
    (g) Recordkeeping requirements. (1) An owner or operator of more 
than one group of processes subject to the provisions of this section 
may comply with the recordkeeping requirements for the groups of 
processes in one recordkeeping system if the system identifies with each 
record the program being implemented (e.g., quarterly monitoring) for 
each type of equipment. All records and information required by this 
section shall be maintained in a manner that can be readily accessed at 
the plant site. This could include physically locating the records at 
the plant site or accessing the records from a central location by 
computer at the plant site.
    (2) General recordkeeping. Except as provided in paragraph (g)(5) of 
this section, the following information pertaining to all equipment 
subject to the requirements in this section shall be recorded:
    (i)(A) A list of identification numbers for equipment (except 
instrumentation systems) subject to the requirements of this section. 
Connectors, except those subject to paragraph (f) of this section, need 
not be individually identified if all connectors in a designated area or 
length of pipe subject to the provisions of this section are identified 
as a group, and the number of subject connectors is indicated. The list 
for each type of equipment shall be completed no later than the 
completion of the initial survey required for that component. The list 
of identification numbers shall be updated, if needed, to incorporate 
equipment changes within 15 calendar days of the completion of each 
monitoring survey for the type of equipment component monitored.
    (B) A schedule for monitoring connectors subject to the provisions 
of Sec.  63.174(a) of subpart H of this part and valves subject to the 
provisions of paragraph (e)(4) of this section.
    (C) Physical tagging of the equipment is not required to indicate 
that it is in organic HAP service. Equipment subject to the provisions 
of this section may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (ii)(A) A list of identification numbers for equipment that the 
owner or operator elects to equip with a closed-vent system and control 
device, subject to the provisions of paragraphs (b)(4)(iv) or (c)(7) of 
this section or Sec.  63.164(h).
    (B) A list of identification numbers for compressors that the owner 
or operator elects to designate as operating with an instrument reading 
of less than 500 parts per million above background, under the 
provisions of Sec.  63.164(i) of subpart H of this part.
    (iii)(A) A list of identification numbers for pressure relief 
devices subject to the provisions in paragraph (b)(4)(i) of this 
section.
    (B) A list of identification numbers for pressure relief devices 
equipped with rupture disks, subject to the provisions of paragraph 
(b)(4)(ii)(B) of this section.
    (iv) Identification of instrumentation systems subject to the 
provisions of this section. Individual components in an instrumentation 
system need not be identified.
    (v) The following information shall be recorded for each dual 
mechanical seal system:
    (A) Design criteria required by paragraph (c)(5)(vi)(A) of this 
section and Sec.  63.164(e)(2) of subpart H of this part, and an 
explanation of the design criteria; and
    (B) Any changes to these criteria and the reasons for the changes.
    (vi) A list of equipment designated as unsafe-to-monitor or 
difficult-to-monitor under paragraph (f) of this section and a copy of 
the plan for monitoring this equipment.
    (vii) A list of connectors removed from and added to the process, as 
described in Sec.  63.174(i)(1) of subpart H of this part, and 
documentation of the integrity of the weld for any removed connectors, 
as required in Sec.  63.174(j) of subpart H of this part. This is not 
required unless the net credits for removed connectors is expected to be 
used.
    (viii) For batch processes that the owner or operator elects to 
monitor as provided under Sec.  63.178(c) of subpart H of this part, a 
list of equipment added

[[Page 485]]

to batch product processes since the last monitoring period required in 
Sec.  63.178(c)(3)(ii) and (iii) of subpart H of this part. This list 
must be completed for each type of equipment within 15 calendar days of 
the completion of the each monitoring survey for the type of equipment 
monitored.
    (3) Records of visual inspections. For visual inspections of 
equipment subject to the provisions of paragraphs (c)(2)(iii) and 
(c)(5)(iv) of this section, the owner or operator shall document that 
the inspection was conducted and the date of the inspection. The owner 
or operator shall maintain records as specified in paragraph (g)(4) of 
this section for leaking equipment identified in this inspection, except 
as provided in paragraph (g)(5) of this section. These records shall be 
retained for 5 years.
    (4) Monitoring records. When each leak is detected as specified in 
paragraphs (c) and (e) of this section and Sec. Sec.  63.164, 63.169, 
63.172, and 63.174 of subpart H of this part, the owner or operator 
shall record the information specified in paragraphs (g)(4)(i) through 
(ix) of this section. All records shall be retained for 5 years, in 
accordance with the requirements of Sec.  63.10(b)(1) of subpart A of 
this part.
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) If postrepair monitoring is required, maximum instrument 
reading measured by Method 21 of 40 CFR part 60, appendix A, after it is 
successfully repaired or determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures must be maintained at the plant site. Reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.
    (vi) If repairs were delayed, dates of process shutdowns that occur 
while the equipment is unrepaired.
    (vii)(A) If the alternative in Sec.  63.174(c)(1)(ii) of subpart H 
of this part is not in use for the monitoring period, identification, 
either by list, location (area or grouping), or tagging of connectors 
disturbed since the last monitoring period required in Sec.  63.174(b) 
of subpart H of this part, as described in Sec.  63.174(c)(1) of subpart 
H of this part.
    (B) The date and results of follow-up monitoring as required in 
Sec.  63.174(c) of subpart H of this part. If identification of 
disturbed connectors is made by location, then all connectors within the 
designated location shall be monitored.
    (viii) The date and results of the monitoring required in Sec.  
63.178(c)(3)(i) of subpart H of this part for equipment added to a batch 
process since the last monitoring period required in Sec.  
63.178(c)(3)(ii) and (iii) of subpart H of this part. If no leaking 
equipment is found in this monitoring, the owner or operator shall 
record that the inspection was performed. Records of the actual 
monitoring results are not required.
    (ix) Copies of the periodic reports as specified in paragraph (h)(3) 
of this section, if records are not maintained on a computerized data 
base capable of generating summary reports from the records.
    (5) Records of pressure tests. The owner or operator who elects to 
pressure test a process equipment train and supply lines between storage 
and processing areas to demonstrate compliance with this section is 
exempt from the requirements of paragraphs (g)(2), (3), (4), and (6) of 
this section. Instead, the owner or operator shall maintain records of 
the following information:
    (i) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in the process equipment train.

[[Page 486]]

    (ii) Records demonstrating the proportion of the time during the 
calendar year the equipment is in use in the process that is subject to 
the provisions of this subpart. Examples of suitable documentation are 
records of time in use for individual pieces of equipment or average 
time in use for the process unit. These records are not required if the 
owner or operator does not adjust monitoring frequency by the time in 
use, as provided in Sec.  63.178(c)(3)(iii) of subpart H of this part.
    (iii) Physical tagging of the equipment to identify that it is in 
organic HAP service and subject to the provisions of this section is not 
required. Equipment in a process subject to the provisions of this 
section may be identified on a plant site plan, in log entries, or by 
other appropriate methods.
    (iv) The dates of each pressure test required in Sec.  63.178(b) of 
subpart H of this part, the test pressure, and the pressure drop 
observed during the test.
    (v) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (vi) When a process equipment train does not pass two consecutive 
pressure tests, the following information shall be recorded in a log and 
kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment.
    (E) The date of successful repair.
    (6) Records of compressor and pressure relief device compliance 
tests. The dates and results of each compliance test required for 
compressors subject to the provisions in Sec.  63.164(i) and the dates 
and results of the Method 21 of 40 CFR part 60, appendix A, monitoring 
following a pressure release for each pressure relief device subject to 
the provisions in paragraphs (b)(4)(i) and (ii) of this section. The 
results shall include:
    (i) The background level measured during each compliance test.
    (ii) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (7) Records for closed-vent systems. The owner or operator shall 
maintain records of the information specified in paragraphs (g)(7)(i) 
through (iii) of this section for closed-vent systems and control 
devices subject to the provisions of paragraph (b)(3)(ii) of this 
section. The records specified in paragraph (g)(7)(i) of this section 
shall be retained for the life of the equipment. The records specified 
in paragraphs (g)(7)(ii) and (iii) of this section shall be retained for 
5 years.
    (i) The design specifications and performance demonstrations 
specified in paragraphs (g)(7)(i)(A) through (D) of this section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) The flare design (i.e., steam assisted, air assisted, or 
nonassisted) and the results of the compliance demonstration required by 
Sec.  63.11(b) of subpart A of this part.
    (D) A description of the parameter or parameters monitored, as 
required in paragraph (b)(3)(ii) of this section, to ensure that control 
devices are operated and maintained in conformance with their design and 
an explanation of why that parameter (or parameters) was selected for 
the monitoring.
    (ii) Records of operation of closed-vent systems and control 
devices.
    (A) Dates and durations when the closed-vent systems and control 
devices required in paragraph (c) of this section and Sec. Sec.  63.164 
through 63.166 of subpart H of this part are not operated as designed as 
indicated by the monitored parameters, including periods when a flare 
pilot light system does not have a flame.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of startups and shutdowns of control devices 
required in paragraph (c) of this section and Sec. Sec.  63.164 through 
63.166 of subpart H of this part.

[[Page 487]]

    (iii) Records of inspections of closed-vent systems subject to the 
provisions of Sec.  63.172 of subpart H of this part.
    (A) For each inspection conducted in accordance with the provisions 
of Sec.  63.172(f)(1) or (2) of subpart H of this part during which no 
leaks were detected, a record that the inspection was performed, the 
date of the inspection, and a statement that no leaks were detected.
    (B) For each inspection conducted in accordance with the provisions 
of Sec.  63.172(f)(1) or (f)(2) of subpart H of this part during which 
leaks were detected, the information specified in paragraph (g)(4) of 
this section shall be recorded.
    (8) Records for components in heavy liquid service. Information, 
data, and analysis used to determine that a piece of equipment or 
process is in heavy liquid service shall be recorded. Such a 
determination shall include an analysis or demonstration that the 
process fluids do not meet the criteria of ``in light liquid or gas/
vapor service.'' Examples of information that could document this 
include, but are not limited to, records of chemicals purchased for the 
process, analyses of process stream composition, engineering 
calculations, or process knowledge.
    (9) Records of exempt components. Identification, either by list, 
location (area or group), or other method of equipment in organic HAP 
service less than 300 hr/yr subject to the provisions of this section.
    (10) Records of alternative means of compliance determination. 
Owners and operators choosing to comply with the requirements of Sec.  
63.179 of subpart H of this part shall maintain the following records:
    (i) Identification of the process(es) and the organic HAP they 
handle.
    (ii) A schematic of the process, enclosure, and closed-vent system.
    (iii) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.
    (11) Records of pressure releases to the atmosphere from pressure 
relief devices. For pressure relief devices in organic HAP service 
subject to paragraph (b)(4)(iii) of this section, keep records of each 
pressure release to the atmosphere, including the following information:
    (i) The source, nature, and cause of the pressure release.
    (ii) The date, time, and duration of the pressure release.
    (iii) The quantity of total HAP emitted during the pressure release 
and the calculations used for determining this quantity.
    (iv) The actions taken to prevent this pressure release.
    (v) The measures adopted to prevent future such pressure releases.
    (h) Reporting Requirements. (1) Each owner or operator of a source 
subject to this section shall submit the reports listed in paragraphs 
(h)(1)(i) and (ii) of this section.
    (i) A Notification of Compliance Status report described in 
paragraph (h)(2) of this section, and
    (ii) Periodic reports described in paragraph (h)(3) of this section.
    (2) Notification of compliance status report. Each owner or operator 
of a source subject to this section shall submit the information 
specified in paragraphs (h)(2)(i) through (iii) of this section in the 
Notification of Compliance Status report described in Sec.  63.1368(f). 
For pressure relief devices subject to the requirements of paragraph 
(b)(4)(iii) of this section, the owner or operator shall submit the 
information listed in paragraph (h)(2)(iv) of this section in the 
Notification of Compliance Status within 150 days after the first 
applicable compliance date for pressure relief device monitoring. 
Section 63.9(j) of subpart A of this part shall not apply to the 
Notification of Compliance Status report.
    (i) The notification shall provide the information listed in 
paragraphs (h)(2)(i)(A) through (C) of this section for each group of 
processes subject to the requirements of paragraphs (b) through (g) of 
this section.
    (A) Identification of the group of processes.
    (B) Approximate number of each equipment type (e.g., valves, pumps) 
in organic HAP service, excluding equipment in vacuum service.
    (C) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').

[[Page 488]]

    (ii) The notification shall provide the information listed in 
paragraphs (h)(2)(ii)(A) and (B) of this section for each process 
subject to the requirements of paragraph (b)(3)(iv) of this section and 
Sec.  63.178(b) of subpart H of this part.
    (A) Products or product codes subject to the provisions of this 
section, and
    (B) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
section.
    (iii) The notification shall provide the information listed in 
paragraphs (h)(2)(iii)(A) and (B) of this section for each process 
subject to the requirements in Sec.  63.179 of subpart H of this part.
    (A) Process identification.
    (B) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of paragraph (b)(3)(ii) of this section.
    (iv) For pressure relief devices in organic HAP service, a 
description of the device or monitoring system to be implemented, 
including the pressure relief devices and process parameters to be 
monitored (if applicable), a description of the alarms or other methods 
by which operators will be notified of a pressure release, and a 
description of how the owner or operator will determine the information 
to be recorded under paragraphs (g)(11)(ii) and (iii) of this section 
(i.e., the duration of the pressure release and the methodology and 
calculations for determining of the quantity of total HAP emitted during 
the pressure release).
    (3) Periodic reports. The owner or operator of a source subject to 
this section shall submit Periodic reports.
    (i) A report containing the information in paragraphs (h)(3)(ii) 
through (v) of this section shall be submitted semiannually. The first 
Periodic report shall be submitted no later than 240 days after the date 
the Notification of Compliance Status report is due and shall cover the 
6-month period beginning on the date the Notification of Compliance 
Status report is due. Each subsequent Periodic report shall cover the 6-
month period following the preceding period.
    (ii) For equipment complying with the provisions of paragraphs (b) 
through (g) of this section, the Periodic report shall contain the 
summary information listed in paragraphs (h)(3)(ii)(A) through (L) of 
this section for each monitoring period during the 6-month period.
    (A) The number of valves for which leaks were detected as described 
in paragraph (e)(2) of this section, the percent leakers, and the total 
number of valves monitored;
    (B) The number of valves for which leaks were not repaired as 
required in paragraph (e)(7) of this section, identifying the number of 
those that are determined nonrepairable;
    (C) The number of pumps and agitators for which leaks were detected 
as described in paragraph (c)(2) of this section, the percent leakers, 
and the total number of pumps and agitators monitored;
    (D) The number of pumps and agitators for which leaks were not 
repaired as required in paragraph (c)(3) of this section;
    (E) The number of compressors for which leaks were detected as 
described in Sec.  63.164(f) of subpart H of this part;
    (F) The number of compressors for which leaks were not repaired as 
required in Sec.  63.164(g) of subpart H of this part;
    (G) The number of connectors for which leaks were detected as 
described in Sec.  63.174(a) of subpart H of this part, the percent of 
connectors leaking, and the total number of connectors monitored;
    (H) The number of connectors for which leaks were not repaired as 
required in Sec.  63.174(d) of subpart H of this part, identifying the 
number of those that are determined nonrepairable;
    (I) The facts that explain any delay of repairs and, where 
appropriate, why a process shutdown was technically infeasible.
    (J) The results of all monitoring to show compliance with Sec. Sec.  
63.164(i) and 63.172(f) conducted within the semiannual reporting 
period.
    (K) If applicable, the initiation of a monthly monitoring program 
under either paragraph (c)(4)(ii) or paragraph (e)(4)(i)(A) of this 
section.

[[Page 489]]

    (L) If applicable, notification of a change in connector monitoring 
alternatives as described in Sec.  63.174(c)(1) of subpart H of this 
part.
    (iii) For owners or operators electing to meet the requirements of 
Sec.  63.178(b) of subpart H of this part, the Periodic report shall 
include the information listed in paragraphs (h)(3)(iii) (A) through (E) 
of this section for each process.
    (A) Product process equipment train identification;
    (B) The number of pressure tests conducted;
    (C) The number of pressure tests where the equipment train failed 
either the retest or two consecutive pressure tests;
    (D) The facts that explain any delay of repairs; and
    (E) The results of all monitoring to determine compliance with Sec.  
63.172(f) of subpart H of this part.
    (iv) Any change in the information submitted under paragraph (h)(2) 
of this section shall be provided in the next Periodic report.
    (v) For pressure relief devices in organic HAP service, Periodic 
Reports must include the information specified in paragraphs 
(h)(3)(v)(A) through (C) of this section.
    (A) For pressure relief devices in organic HAP service subject to 
paragraph (b)(4) of this section, report confirmation that all 
monitoring to show compliance was conducted within the reporting period.
    (B) For pressure relief devices in organic HAP gas or vapor service 
subject to paragraph (b)(4)(ii) of this section, report any instrument 
reading of 500 ppm above background or greater, more than 5 calendar 
days after the pressure release.
    (C) For pressure relief devices in organic HAP service subject to 
paragraph (b)(4)(iii) of this section, report each pressure release to 
the atmosphere, including the following information:
    (1) The source, nature, and cause of the pressure release.
    (2) The date, time, and duration of the pressure release.
    (3) The quantity of total HAP emitted during the pressure release 
and the method used for determining this quantity.
    (4) The actions taken to prevent this pressure release.
    (5) The measures adopted to prevent future such pressure releases.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59345, Sept. 20, 2002; 
79 FR 17372, Mar. 27, 2014]



Sec.  63.1364  Compliance dates.

    (a) Compliance dates for existing sources. (1) An owner or operator 
of an existing affected source must comply with the provisions in this 
subpart (except Sec.  63.1363(b)(4)(iii)) by December 23, 2003. 
Compliance with the pressure relief device monitoring provisions of 
Sec.  63.1363(b)(4)(iii) shall occur no later than March 27, 2017.
    (2) Pursuant to section 112(i)(3)(B) of the CAA, an owner or 
operator of an existing source may request an extension of up to 1 
additional year to comply with the provisions of this subpart if the 
additional time is needed for the installation of controls.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted no later than 120 days prior to the compliance date 
specified in paragraph (a)(1) of this section, except as provided in 
paragraph (a)(2)(ii) of this section. The dates specified in Sec.  
63.6(i) of subpart A of this part for submittal of requests for 
extensions shall not apply to sources subject to this subpart.
    (ii) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (a)(1)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include the data described in Sec.  63.6(i)(8)(A), (B), 
and (D) of subpart A of this part.
    (b) Compliance dates for new and reconstructed sources. An owner or 
operator of a new or reconstructed affected source must comply with the 
provisions of this subpart (except Sec.  63.1363(b)(4)(iii)) on June 23, 
1999 or upon startup, whichever is later. New or reconstructed affected 
sources that commenced construction after November 10, 1997, but on or 
before January 9, 2012, must be in compliance with the

[[Page 490]]

pressure relief device monitoring provisions of Sec.  63.1363(b)(4)(iii) 
no later than March 27, 2017. New or reconstructed sources that 
commenced construction after January 9, 2012, must be in compliance with 
the pressure relief device monitoring provisions of Sec.  
63.1363(b)(4)(iii) upon initial startup or by March 27, 2014, whichever 
is later.

[64 FR 33589, June 23, 1999, as amended at 67 FR 13511, Mar. 22, 2002; 
67 FR 38203, June 3, 2002; 79 FR 17374, Mar. 27, 2014]



Sec.  63.1365  Test methods and initial compliance procedures.

    (a) General. Except as specified in paragraph (a)(4) of this 
section, the procedures specified in paragraphs (c), (d), (e), (f), and 
(g) of this section are required to demonstrate initial compliance with 
Sec.  63.1362(b), (c), (d), (f), and (g), respectively. The provisions 
in paragraph (a)(1) of this section apply to design evaluations that are 
used to demonstrate compliance with the standards for process vents and 
storage vessels. The provisions in paragraph (a)(2) of this section 
apply to performance tests that are specified in paragraphs (c), (d), 
and (e) of this section. The provisions in paragraph (a)(3) of this 
section describe initial compliance procedures for flares. The 
provisions in paragraph (a)(5) of this section are used to demonstrate 
initial compliance with the alternative standards specified in Sec.  
63.1362(b)(6) and (c)(4). The provisions in paragraph (a)(6) of this 
section are used to comply with the outlet concentration requirements 
specified in Sec.  63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), 
(b)(5)(ii), and (b)(5)(iii).
    (1) Design evaluation. To demonstrate that a control device meets 
the required control efficiency, a design evaluation must address the 
composition and HAP concentration of the vent stream entering the 
control device. A design evaluation also must address other vent stream 
characteristics and control device operating parameters as specified in 
any one of paragraphs (a)(1)(i) through (vii) of this section, depending 
on the type of control device that is used. If the vent stream is not 
the only inlet to the control device, the efficiency demonstration also 
must consider all other vapors, gases, and liquids, other than fuels, 
received by the control device.
    (i) For an enclosed combustion device used to comply with the 
provisions of Sec.  63.1362(b)(2)(iv), (b)(4)(ii), (c)(2)(iv)(B), or 
(c)(3) with a minimum residence time of 0.5 seconds and a minimum 
temperature of 760 [deg]C, the design evaluation must document that 
these conditions exist.
    (ii) For a combustion control device that does not satisfy the 
criteria in paragraph (a)(1)(i) of this section, the design evaluation 
must document control efficiency and address the following 
characteristics, depending on the type of control device:
    (A) For a thermal vapor incinerator, the design evaluation must 
consider the autoignition temperature of the organic HAP, must consider 
the vent stream flow rate, and must establish the design minimum and 
average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design evaluation must 
consider the vent stream flow rate and must establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design evaluation must 
consider the vent stream flow rate, must establish the design minimum 
and average flame zone temperatures and combustion zone residence time, 
and must describe the method and location where the vent stream is 
introduced into the flame zone.
    (iii) For a condenser, the design evaluation must consider the vent 
stream flow rate, relative humidity, and temperature, and must establish 
the maximum temperature of the condenser exhaust vent stream and the 
corresponding outlet organic HAP compound concentration level or 
emission rate for which the required reduction is achieved.
    (iv) For a carbon adsorption system that regenerates the carbon bed 
directly onsite in the control device such as a fixed-bed adsorber, the 
design evaluation must consider the vent stream flow rate, relative 
humidity, and temperature, and must establish the design exhaust vent 
stream organic

[[Page 491]]

compound concentration level, adsorption cycle time, number of carbon 
beds and their capacities, type and working capacity of activated carbon 
used for the carbon beds, design total regeneration stream mass or 
volumetric flow over the period of each complete carbon bed regeneration 
cycle, design carbon bed temperature after regeneration, design carbon 
bed regeneration time, and design service life of carbon. For vacuum 
desorption, the pressure drop must be included.
    (v) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design evaluation must consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature, and must 
establish the design exhaust vent stream organic compound concentration 
level, capacity of the carbon bed, type and working capacity of 
activated carbon used for the carbon bed, and design carbon replacement 
interval based on the total carbon working capacity of the control 
device and source operating schedule.
    (vi) For a scrubber, the design evaluation must consider the vent 
stream composition, constituent concentrations, liquid-to-vapor ratio, 
scrubbing liquid flow rate and concentration, temperature, and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation must establish the design exhaust vent stream organic 
compound concentration level and must include the additional information 
in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a 
packed column scrubber.
    (A) Type and total number of theoretical and actual trays;
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (vii) For fabric filters, the design evaluation must include the 
pressure drop through the device and the net gas-to-cloth ratio (i.e., 
cubic feet of gas per square feet of cloth).
    (2) Calculation of TOC or total organic HAP concentration. The TOC 
concentration or total organic HAP concentration is the sum of the 
concentrations of the individual components. If compliance is being 
determined based on TOC, the owner or operator shall compute TOC for 
each run using Equation 6 of this subpart. If compliance is being 
determined based on total organic HAP, the owner or operator shall 
compute total organic HAP using Equation 6 of this subpart, except that 
only organic HAP compounds shall be summed; when determining compliance 
with the wastewater provisions of Sec.  63.1362(d), the organic HAP 
compounds shall consist of the organic HAP compounds in Table 9 of 
subpart G of this part.
[GRAPHIC] [TIFF OMITTED] TR20SE02.024

Where:

CGT = total concentration of TOC or organic HAP in vented gas 
          stream, average of samples, dry basis, ppmv
CGSi, j = concentration of sample components in vented gas 
          stream for sample j, dry basis, ppmv
n = number of compounds in the sample
m = number of samples in the sample run.

    (3) Initial compliance using flares. When a flare is used to comply 
with the standards, the owner or operator shall comply with the 
provisions in Sec.  63.11(b) of subpart A of this part.
    (i) The initial compliance determination shall consist of a visible 
emissions determination using Method 22 of 40 CFR part 60, appendix A, 
as described in Sec.  63.11(b)(4) of subpart A of this part, and a 
determination of net heating value of gas being combusted and exit 
velocity to comply with the requirements of Sec.  63.11(b)(6) through 
(8) of subpart A of this part. The net heating value and exit velocity 
shall be based on the results of performance testing under the 
conditions described in paragraphs (b)(10) and (11) of this section.
    (ii) An owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration when a flare is used.
    (4) Exemptions from compliance demonstrations. An owner or operator 
using any control device specified in paragraphs (a)(4)(i) through (ii) 
of this section is exempt from the initial compliance provisions in 
paragraphs (c), (d), and (e) of this section.

[[Page 492]]

    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the emission stream is 
introduced with the primary fuel.
    (5) Initial compliance with alternative standard. Initial compliance 
with the alternative standards in Sec.  63.1362(b)(6) and (c)(4) for 
combustion devices is demonstrated when the outlet TOC concentration is 
20 ppmv or less, and the outlet HCl and chlorine concentration is 20 
ppmv or less. Initial compliance with the alternative standards in Sec.  
63.1362(b)(6) and (c)(4) for noncombustion devices is demonstrated when 
the outlet TOC concentration is 50 ppmv or less, and the outlet HCl and 
chlorine concentration is 50 ppmv or less. To demonstrate initial 
compliance, the owner or operator shall be in compliance with the 
monitoring provisions in Sec.  63.1366(b)(5) on the initial compliance 
date. The owner or operator shall use Method 18 to determine the 
predominant organic HAP in the emission stream if the TOC monitor is 
calibrated on the predominant HAP.
    (6) Initial compliance with the 20 ppmv outlet limit. Initial 
compliance with the 20 ppmv TOC or total organic HAP concentration is 
demonstrated when the outlet TOC or total organic HAP concentration is 
20 ppmv or less. Initial compliance with the 20 ppmv HCl and chlorine 
concentration is demonstrated when the outlet HCl and chlorine 
concentration is 20 ppmv or less. To demonstrate initial compliance, the 
operator shall use applicable test methods described in paragraphs 
(b)(1) through (9) of this section, and test under conditions described 
in paragraph (b)(10) or (11) of this section, as applicable. The owner 
or operator shall comply with the monitoring provisions in Sec.  
63.1366(b)(1) through (5) on the initial compliance date.
    (7) Outlet concentration correction for supplemental gases. If 
supplemental gases are added to a vent stream for which compliance with 
an outlet concentration standard in Sec.  63.1362 or 63.1363 will be 
demonstrated, the owner or operator must correct the outlet 
concentration as specified in paragraphs (a)(7)(i) and (ii) of this 
section.
    (i) Combustion device. Except as specified in Sec.  
63.1366(b)(5)(ii)(A), if the vent stream is controlled with a combustion 
device, the owner or operator must comply with the provisions in 
paragraphs (a)(7)(i)(A) through (C) of this section.
    (A) To comply with a TOC or total organic HAP outlet concentration 
standard in Sec.  63.1362(b)(2)(iv)(A), (b)(4)(ii)(A), (b)(6), 
(c)(2)(iv)(B), (c)(4), (d)(13), or Sec.  63.172, the actual TOC outlet 
concentration must be corrected to 3 percent oxygen.
    (B) If the inlet stream to the combustion device contains any HCl, 
chlorine, or halogenated compounds, and the owner or operator elects to 
comply with a total HCl and chlorine outlet concentration standard in 
Sec.  63.1362(b)(3)(ii), (b)(5)(ii), (b)(5)(iii), (b)(6), or (c)(4), the 
actual total HCl and chlorine outlet concentration must be corrected to 
3 percent oxygen.
    (C) The integrated sampling and analysis procedures of Method 3B of 
40 CFR part 60, appendix A, shall be used to determine the actual oxygen 
concentration (%O2d). The samples shall be taken during the 
same time that the TOC, total organic HAP, and total HCl and chlorine 
samples are taken. The concentration corrected to 3 percent oxygen 
(Cd) shall be computed using Equation 7 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.025

Where:

Cc = concentration of TOC, total organic HAP, or total HCl 
          and chlorine corrected to 3 percent oxygen, dry basis, ppmv
Cm = total concentration of TOC, total organic HAP, or total 
          HCl and chlorine in the vented gas stream, average of samples, 
          dry basis, ppmv
%O2d = concentration of oxygen measured in vented gas stream, 
          dry basis, percent by volume.

    (ii) Noncombustion devices. If a control device other than a 
combustion device, and not in series with a combustion device, is used 
to comply with a TOC, total organic HAP, or total HCl and chlorine 
outlet concentration standard, the owner or operator must correct the 
actual concentration for supplemental gases using Equation 8 of this 
subpart.

[[Page 493]]

[GRAPHIC] [TIFF OMITTED] TR20SE02.026

Where:

Ca = corrected outlet TOC, total organic HAP, or total HCl 
          and chlorine concentration, dry basis, ppmv
Cm = actual TOC, total organic HAP, or total HCl and chlorine 
          concentration measured at control device outlet, dry basis, 
          ppmv
Va = total volumetric flow rate of affected streams vented to 
          the control device
Vs = total volumetric flow rate of supplemental gases.

    (b) Test methods and conditions. When testing is conducted to 
measure emissions from an affected source, the test methods specified in 
paragraphs (b)(1) through (9) of this section shall be used. Compliance 
and performance tests shall be performed under such conditions as the 
Administrator specifies to the owner or operator based on representative 
performance of the affected source for the period being tested and as 
specified in paragraphs (b)(10) and (11) of this section. Representative 
conditions exclude periods of startup and shutdown unless specified by 
the Administrator or an applicable subpart. The owner or operator may 
not conduct performance tests during periods of malfunction. The owner 
or operator must record the process information that is necessary to 
document operating conditions during the test and include in such record 
an explanation to support that such conditions represent normal 
operation. Upon request, the owner or operator shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (1) Method 1 or 1A of appendix A of 40 CFR part 60 shall be used for 
sample and velocity traverses.
    (2) Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60 shall be 
used for velocity and volumetric flow rates.
    (3) Method 3 of appendix A of 40 CFR part 60 shall be used for gas 
analysis.
    (4) Method 4 of appendix A of 40 CFR part 60 shall be used for stack 
gas moisture.
    (5) Concentration measurements shall be adjusted to negate the 
dilution effects of introducing nonaffected gaseous streams into the 
vent streams prior to control or measurement. The following methods are 
specified for concentration measurements of organic compounds:
    (i) Method 18 of appendix A of 40 CFR part 60 may be used to 
determine HAP concentration in any control device efficiency 
determination.
    (ii) Method 25 of appendix A of 40 CFR part 60 may be used to 
determine total gaseous nonmethane organic concentration for control 
efficiency determinations in combustion devices.
    (iii) Method 25A of appendix A of 40 CFR part 60 may be used to 
determine the HAP or TOC concentration for control device efficiency 
determinations under the conditions specified in Method 25 of appendix A 
of 40 CFR part 60 for direct measurement of an effluent with a flame 
ionization detector, or in demonstrating compliance with the 20 ppmv TOC 
outlet standard. If Method 25A of appendix A of 40 CFR part 60 is used 
to determine the concentration of TOC for the 20 ppmv standard, the 
instrument shall be calibrated on methane or the predominant HAP. If 
calibrating on the predominant HAP, the use of Method 25A of appendix A 
of 40 CFR part 60 shall comply with paragraphs (b)(5)(i)(A) through (C) 
of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume.
    (B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable 
if the response from the high level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (C) The span value of the analyzer must be less than 100 ppmv.
    (6) The methods in either paragraph (b)(6)(i) or (ii) of this 
section shall be used to determine the concentration, in mg/dscm, of 
total HCl and chlorine. Concentration measurements shall be adjusted to 
negate the dilution effects of introducing nonaffected gaseous streams 
into the vent streams prior to control or measurement.
    (i) Method 26 or 26A of 40 CFR part 60, appendix A.

[[Page 494]]

    (ii) Any other method if the method or data have been validated 
according to the applicable procedures of Method 301 of appendix A of 
this part.
    (7) Method 5 of appendix A of 40 CFR part 60 shall be used to 
determine the concentration of particulate matter in exhaust gas streams 
from bag dumps and product dryers.
    (8) Wastewater analysis shall be conducted in accordance with Sec.  
63.144(b)(5)(i) through (iii) or as specified in paragraph (b)(8)(i) or 
(ii) of this section.
    (i) As an alternative to the methods specified in Sec.  
63.144(b)(5)(i), an owner or operator may conduct wastewater analyses 
using Method 1666 or 1671 of 40 CFR part 136, appendix A, and comply 
with the sampling protocol requirements specified in Sec.  
63.144(b)(5)(ii). The validation requirements specified in Sec.  
63.144(b)(5)(iii) do not apply if an owner or operator uses Method 1666 
or 1671 of 40 CFR part 136, appendix A.
    (ii) As an alternative to the methods specified in Sec.  
63.144(b)(5)(i), an owner or operator may use procedures specified in 
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. An owner or 
operator also may use any more recent, updated version of Method 8260 or 
8270 approved by EPA. For the purpose of using Method 8260 or 8270 to 
comply with this subpart, the owner or operator must maintain a formal 
quality assurance program consistent with either Section 8 of Method 
8260 or Method 8270. This program must include the elements related to 
measuring the concentrations of volatile compounds that are specified in 
paragraphs (b)(8)(ii)(A) through (C) of this section.
    (A) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (B) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (C) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
material source before or during sampling with compounds having similar 
chemical characteristics to the target analytes.
    (9) Method 22 of appendix A of 40 CFR part 60 shall be used to 
determine visible emissions from flares.
    (10) Testing conditions for continuous processes. Testing of process 
vents on equipment operating as part of a continuous process shall 
consist of three one-hour runs. Gas stream volumetric flow rates shall 
be measured every 15 minutes during each 1-hour run. Organic HAP 
concentration shall be determined from samples collected in an 
integrated sample over the duration of each one-hour test run, or from 
grab samples collected simultaneously with the flow rate measurements 
(every 15 minutes). If an integrated sample is collected for laboratory 
analysis, the sampling rate shall be adjusted proportionally to reflect 
variations in flow rate. For continuous gas streams, the emission rate 
used to determine compliance shall be the average emission rate of the 
three test runs.
    (11) Testing conditions for batch processes. Testing of emissions on 
equipment where the flow of gaseous emissions is intermittent (batch 
operations) shall be conducted at absolute peak-case conditions or 
hypothetical peak-case conditions, as specified in paragraphs (b)(11)(i) 
and (ii) of this section, respectively. Gas stream volumetric flow rates 
shall be measured at 15-minute intervals. Organic HAP, TOC, or HCl and 
chlorine concentration shall be determined from samples collected in an 
integrated sample over the duration of the test, or from grab samples 
collected simultaneously with the flow rate measurements (every 15 
minutes). If an integrated sample is collected for laboratory analysis, 
the sampling rate shall be adjusted proportionally to reflect variations 
in flow rate. In all cases, a site-specific test plan shall be submitted 
to the Administrator for approval prior to testing in accordance with 
Sec.  63.7(c). The test plan shall include the emissions profile 
described in paragraph (b)(11)(iii) of this section. The term ``HAP mass 
loading'' as used in paragraphs (b)(11)(i) through (iii) of this section 
refers to the class of HAP,

[[Page 495]]

either organic or HCl and chlorine, that the control device is intended 
to control.
    (i) Absolute peak-case. If the most challenging conditions for the 
control device occur under maximum HAP load, the absolute peak-case 
conditions shall be characterized by the criteria presented in paragraph 
(b)(11)(i)(A) or (B) of this section. Otherwise, absolute peak-case 
conditions are defined by the conditions in paragraph (b)(11)(i)(C) of 
this section.
    (A) The period in which the inlet to the control device will contain 
at least 50 percent of the maximum HAP mass load that may be vented to 
the control device over any 8-hour period. An emission profile as 
described in paragraph (b)(11)(iii)(A) of this section shall be used to 
identify the 8-hour period that includes the maximum projected HAP load.
    (B) A 1-hour period of time in which the inlet to the control device 
will contain the highest hourly HAP mass loading rate that may be vented 
to the control device. An emission profile as described in paragraph 
(b)(11)(iii)(A) of this section shall be used to identify the 1-hour 
period of maximum HAP loading.
    (C) The period of time when a condition other than the maximum HAP 
load is most challenging for the control device. These conditions 
include, but are not limited to the following:
    (1) Periods when the streams contain the highest combined VOC and 
HAP hourly load, as described by the emission profiles in paragraph 
(b)(11)(iii) of this section; or
    (2) Periods when the streams contain HAP constituents that approach 
the limits of solubility for scrubbing media; or
    (3) Periods when the streams contain HAP constituents that approach 
the limits of adsorptivity for carbon adsorption systems.
    (ii) Hypothetical peak-case. Hypothetical peak-case conditions are 
simulated test conditions that, at a minimum, contain the highest total 
average hourly HAP load of emissions that would be predicted to be 
vented to the control device from the emissions profile described in 
either paragraph (b)(11)(iii)(B) or (C) of this section.
    (iii) Emissions profile. The owner or operator may choose to perform 
tests only during those periods of the peak-case episode(s) that the 
owner or operator selects to control as part of achieving the required 
emission reduction. Except as specified in paragraph (b)(11)(iii)(D) of 
this section, the owner or operator shall develop an emission profile 
for the vent to the control device that describes the characteristics of 
the vent stream at the inlet to the control device under either absolute 
or hypothetical peak-case conditions. The emissions profile shall be 
developed based on the applicable procedures described in paragraphs 
(b)(11)(iii)(A) through (C) of this section, as required by paragraphs 
(b)(11)(i) and (ii) of this section.
    (A) Emissions profile by process. The emissions profile must 
consider all emission episodes that could contribute to the vent stack 
for a period of time that is sufficient to include all processes venting 
to the stack and shall consider production scheduling. The profile shall 
describe the HAP load to the device that equals the highest sum of 
emissions from the episodes that can vent to the control device during 
the period of absolute peak-case conditions specified in paragraph 
(b)(11)(i)(A), (B), or (C) as appropriate. Emissions per episode shall 
be calculated using the procedures specified in paragraph (c)(2) of this 
section. When complying with paragraph (b)(11)(i)(B) of this section, 
emissions per episode shall be divided by the duration of the episode if 
the duration of the episode is longer than 1 hour.
    (B) Emission profile by equipment. The emission profile must consist 
of emissions that meet or exceed the highest hourly HAP load that would 
be expected under actual processing conditions. The profile shall 
describe equipment configurations used to generate the emission events, 
volatility of materials processed in the equipment, and the rationale 
used to identify and characterize the emission events. The emissions may 
be based on using a compound more volatile than compounds actually used 
in the process(es), and the emissions may be generated from all 
equipment in the process(es) or only selected equipment.

[[Page 496]]

    (C) Emission profile by capture and control device limitation. The 
emission profile shall consider the capture and control system 
limitations and the highest hourly emissions that can be routed to the 
control device, based on maximum flow rate and concentrations possible 
because of limitations on conveyance and control equipment (e.g., fans, 
LEL alarms and safety bypasses).
    (D) Exemptions. The owner or operator is not required to develop an 
emission profile under the circumstances described in paragraph 
(b)(11)(iii)(D)(1) or (2) of this section.
    (1) If all process vents for a process are controlled using a 
control device or series of control devices that reduce HAP emissions by 
98 percent or more, no other emission streams are vented to the control 
device when it is used to control emissions from the subject process, 
and the performance test is conducted over the entire batch cycle.
    (2) If a control device is used to comply with the outlet 
concentration limit for process vent emission streams from a single 
process (but not necessarily all of the process vents from that 
process), no other emission streams are vented to the control device 
while it is used to control emissions from the subject process, and the 
performance test is conducted over the entire batch cycle.
    (iv) Test duration. Three runs, at a minimum of 1 hour each, are 
required for performance testing. When complying with a percent 
reduction standard, each test run may be a maximum of either 24 hours or 
the duration of the longest batch controlled by the control device, 
whichever is shorter, and each run must include the same absolute or 
hypothetical peak-case conditions, as defined in paragraph (b)(11)(i) or 
(ii) of this section. When complying with an outlet concentration limit, 
each run must include the same absolute or hypothetical peak-case 
conditions, as defined in paragraph (b)(11)(i) or (ii) of this section, 
and the duration of each run may not exceed the duration of the 
applicable peak-case condition.
    (c) Initial compliance with process vent provisions. The owner or 
operator of an affected source shall demonstrate compliance with the 
process vent standards in Sec.  63.1362(b) using the procedures 
described in paragraphs (c)(1) through (3) of this section.
    (1) Compliance with the process vent standards in Sec.  63.1362(b) 
shall be demonstrated in accordance with the provisions specified in 
paragraphs (c)(1)(i) through (viii) of this section.
    (i) Initial compliance with the emission limit cutoffs in Sec.  
63.1362(b)(2)(i) and (b)(4)(i) is demonstrated when the uncontrolled 
organic HAP emissions from the sum of all process vents within a process 
are less than or equal to 0.15 Mg/yr. Uncontrolled HAP emissions shall 
be determined using the procedures described in paragraph (c)(2) of this 
section.
    (ii) Initial compliance with the emission limit cutoffs in Sec.  
63.1362(b)(3)(i) and (b)(5)(i) is demonstrated when the uncontrolled HCl 
and Cl2 emissions from the sum of all process vents within a 
process are less than or equal to 6.8 Mg/yr. Initial compliance with the 
emission limit cutoffs in Sec.  63.1362(b)(5)(ii) and (iii) is 
demonstrated when the uncontrolled HCl and Cl2 emissions are 
greater than or equal to 6.8 Mg/yr or greater than or equal to 191 Mg/
yr, respectively. Uncontrolled emissions shall be determined using the 
procedures described in paragraph (c)(2) of this section.
    (iii) Initial compliance with the organic HAP percent reduction 
requirements specified in Sec.  63.1362(b)(2)(ii), (iii), and (b)(4)(ii) 
is demonstrated by determining controlled HAP emissions using the 
procedures described in paragraph (c)(3) of this section, determining 
uncontrolled HAP emissions using the procedures described in paragraph 
(c)(2) of this section, and calculating the applicable percent 
reduction. As an alternative, if the conditions specified in paragraph 
(b)(11)(iii)(D)(1) of this section are met, initial compliance may be 
demonstrated by showing the control device reduces emissions by 98 
percent by weight or greater using the procedures specified in paragraph 
(c)(3) of this section.
    (iv) Initial compliance with the HCl and Cl2 percent 
reduction requirements specified in Sec.  63.1362(b)(3)(ii), (b)(5)(ii), 
and (b)(5)(iii) is demonstrated by determining controlled emissions of 
HCl and Cl2 using the procedures described in

[[Page 497]]

paragraph (c)(3) of this section, determining uncontrolled emissions of 
HCl and Cl2 using the procedures described in paragraph 
(c)(2) of this section, and calculating the applicable percent 
reduction.
    (v) Initial compliance with the outlet concentration limits in Sec.  
63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), (b)(5)(ii) and (iii) is 
demonstrated when the outlet TOC or total organic HAP concentration is 
20 ppmv or less and the outlet HCl and chlorine concentration is 20 ppmv 
or less. The owner or operator shall demonstrate compliance by 
fulfilling the requirements in paragraph (a)(6) of this section. If an 
owner or operator elects to develop an emissions profile by process as 
described in paragraph (b)(11)(iii)(A) of this section, uncontrolled 
emissions shall be determined using the procedures in paragraph (c)(2) 
of this section.
    (vi) Initial compliance with the alternative standard in Sec.  
63.1362(b)(6) is demonstrated by fulfilling the requirements in 
paragraph (a)(5) of this section.
    (vii) Initial compliance when using a flare is demonstrated by 
fulfilling the requirements in paragraph (a)(3) of this section.
    (viii) No initial compliance demonstration is required for control 
devices specified in Sec.  63.1362(l).
    (2) Uncontrolled emissions. The owner or operator referred to from 
paragraphs (c)(1)(i) through (v) of this section shall calculate 
uncontrolled emissions according to the procedures described in 
paragraph (c)(2)(i) or (ii) of this section, as appropriate.
    (i) Emission estimation procedures. The owner or operator shall 
determine uncontrolled HAP emissions using emission measurements and/or 
calculations for each batch emission episode according to the 
engineering evaluation methodology in paragraphs (c)(2)(i)(A) through 
(H) of this section.
    (A) Individual HAP partial pressures in multicomponent systems shall 
be determined in accordance with the methods specified in paragraphs 
(c)(2)(i)(A)(1) through (3) of this section. Chemical property data may 
be obtained from standard references.
    (1) If the components are miscible in one another, use Raoult's law 
to calculate the partial pressures;
    (2) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (3) If Raoult's law or Henry's law are not appropriate or available, 
use any of the methods specified in paragraphs (c)(2)(i)(A) (3)(i) 
through (iii) of this section.
    (i) Use experimentally obtained activity coefficients;
    (ii) Use models such as the group-contribution models to predict 
activity coefficients;
    (iii) Assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAP as the total HAP 
partial pressure;
    (B) Charging or filling. Emissions from vapor displacement due to 
transfer of material to a vessel shall be calculated using Equation 9 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.008

Where:

E = mass of HAP emitted
Pi = partial pressure of the individual HAP
V = volume of gas displaced from the vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
MWi = molecular weight of the individual HAP

    (C) Purging. Emissions from purging shall be calculated using 
Equation 10 of this subpart, except that for purge flow rates greater 
than 100 scfm, the mole fraction of HAP will be assumed to be 25 percent 
of the saturated value.
[GRAPHIC] [TIFF OMITTED] TR20SE02.027


[[Page 498]]


Where:

E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor 
          space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable compounds 
          (including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission 
          stream.

    (D) Heating. Emissions caused by heating the contents of a vessel to 
a temperature less than the boiling point shall be calculated using the 
procedures in either paragraph (c)(2)(i)(D)(1), (2), or (4) of this 
section, as appropriate. If the contents of a vessel are heated to the 
boiling point, emissions while boiling are assumed to be zero if the 
owner or operator is complying with the provisions in paragraph 
(d)(2)(i)(C)(3) of this section.
    (1) If the final temperature to which the vessel contents are heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using Equations 11 through 14 of this 
subpart.
    (i) The mass of HAP emitted per episode shall be calculated using 
Equation 11 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.010

Where:

E = mass of HAP vapor displaced from the vessel being heated
(Pi)Tn = partial pressure of each HAP in the 
          vessel headspace at initial (n = 1) and final (n = 2) 
          temperatures
Pa1 = initial noncondensable gas pressure in the vessel, as 
          calculated using Equation 13 of this subpart
Pa2 = final noncondensable gas pressure in the vessel, as 
          calculated using Equation 13 of this subpart
[Delta][Eta] = number of moles of noncondensable gas displaced, as 
          calculated using Equation 12 of this subpart
MWHAP = The average molecular weight of HAP present in the 
          vessel, as calculated using Equation 14 of this subpart:
n = number of HAP compounds in the displaced vapor

    (ii) The moles of noncondensable gas displaced shall be calculated 
using Equation 12 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.011

Where:

[Delta][Eta] = number of moles of noncondensable gas displaced
V = volume of free space in the vessel
R = ideal gas law constant
Pa1 = initial noncondensable gas pressure in the vessel, as 
          calculated using Equation 13 of this subpart
Pa2 = final noncondensable gas pressure in the vessel, as 
          calculated using Equation 13 of this subpart
T1 = initial temperature of vessel contents, absolute
T2 = final temperature of vessel contents, absolute

    (iii) The initial and final pressure of the noncondensable gas in 
the vessel shall be calculated according to Equation 13 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.012

Where:

Pan = partial pressure of noncondensable gas in the vessel 
          headspace at initial (n = 1) and final (n = 2) temperatures
Patm = atmospheric pressure
(Pj)Tn = partial pressure of each condensable 
          volatile organic compound (including HAP) in the vessel 
          headspace at the initial temperature (n = 1) and final (n = 2) 
          temperature


[[Page 499]]


    (iv) The average molecular weight of HAP in the displaced gas shall 
be calculated using Equation 14 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.013

Where:

MWHAP = average molecular weight of HAP in the displaced gas
(Pi)Tn = partial pressure of each HAP in the 
          vessel headspace at the initial (T1) and final 
          (T2) temperatures
MWi = molecular weight of each HAP
n = number of HAP compounds in the emission stream

    (2) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (c)(2)(i)(D)(2)(i) and (ii) of this section.
    (i) For the interval from the initial temperature to the temperature 
50 K below the boiling point, emissions shall be calculated using 
Equation 11 of this subpart, where T2 is the temperature 50 K 
below the boiling point.
    (ii) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emission for 
each increment shall be calculated using Equation 11 of this subpart. If 
the final temperature of the heatup is lower than 5 K below the boiling 
point, the final temperature for the last increment shall be the final 
temperature of the heatup, even if the last increment is less than 5 K. 
If the final temperature of the heatup is higher than 5 K below the 
boiling point, the final temperature for the last increment shall be the 
temperature 5 K below the boiling point, even if the last increment is 
less than 5 K.
    (3) While boiling, the vessel must be operated with a properly 
operated process condenser. An initial demonstration that a process 
condenser is properly operated is required for vessels that operate 
process condensers without secondary condensers that are air pollution 
control devices. The owner or operator must either measure the condenser 
exhaust gas temperature and show it is less than the boiling point of 
the substance(s) in the vessel, or perform a material balance around the 
vessel and condenser to show that at least 99 percent of the material 
vaporized while boiling is condensed. Uncontrolled emissions are assumed 
to be zero under these conditions. The initial demonstration shall be 
conducted for all appropriate operating scenarios and documented in the 
Notification of Compliance Status report as specified in Sec.  
63.1368(f).
    (4)(i) As an alternative to the procedures described in paragraphs 
(c)(2)(i)(D)(1) and (2) of this section, emissions caused by heating a 
vessel to any temperature less than the boiling point may be calculated 
using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.028


[[Page 500]]


Where:

E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating 
          process, as calculated using Equation 16 of this subpart
PT = total pressure in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at 
          T1
Pi, 2 = partial pressure of the individual HAP compounds at 
          T2
MWHAP = average molecular weight of the HAP compounds, as 
          calculated using Equation 14 of this subpart
nHAP, 1 = number of moles of total HAP in the vessel 
          headspace at T1
nHAP, 2 = number of moles of total HAP in the vessel 
          headspace at T2
m = number of HAP compounds in the emission stream.

    (ii) The average gas space molar volume during the heating process 
is calculated using Equation 16 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.015

Where:

Navg = average gas space molar volume during the heating 
          process
V = volume of free space in vessel
PT = total pressure in the vessel
R = ideal gas law constant
T1 = initial temperature of the vessel contents, absolute
T2 = final temperature of the vessel contents, absolute

    (iii) The difference in the number of moles of total HAP in the 
vessel headspace between the initial and final temperatures is 
calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.029

Where:

nHAP, 2 = number of moles of total HAP in the vessel 
          headspace at T2
nHAP, 1 = number of moles of total HAP in the vessel 
          headspace at T1
V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature of the vessel contents, absolute
T2 = final temperature of the vessel contents, absolute
Pi, 1 = partial pressure of the individual HAP compounds at 
          T1
Pi, 2 = partial pressure of the individual HAP compounds at 
          T2
n = number of HAP compounds in the emission stream.

    (E) Depressurization. Emissions from depressurization shall be 
calculated using the procedures in paragraphs (c)(2)(i)(E)(1) through 
(5) of this section. Alternatively, the owner or operator may elect to 
calculate emissions from depressurization using the procedures in 
paragraph (c)(2)(i)(E)(6) of this section.
    (1) The moles of HAP vapor initially in the vessel are calculated 
using Equation 18 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.017

Where:

nHAP = moles of HAP vapor in the vessel
Pi = partial pressure of each HAP in the vessel vapor space
V = free volume in the vessel being depressurized
R = ideal gas law constant
T = absolute temperature in vessel
n = number of HAP compounds in the emission stream

    (2) The initial and final moles of noncondensable gas present in the 
vessel are calculated using Equations 19 and 20 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.018

[GRAPHIC] [TIFF OMITTED] TR23JN99.019

Where:

n1 = initial number of moles of noncondensable gas in the 
          vessel
n2 = final number of moles of noncondensable gas in the 
          vessel

[[Page 501]]

V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 21 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 22 of this subpart
R = ideal gas law constant
T = temperature, absolute

    (3) The initial and final partial pressures of the noncondensable 
gas in the vessel are determined using Equations 21 and 22 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.030

[GRAPHIC] [TIFF OMITTED] TR20SE02.031

Where:

Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable compound (including 
          HAP) in the emission stream
xj = mole fraction of each condensable compound (including 
          HAP) in the liquid phase
m = number of condensable compounds (including HAP) in the emission 
          stream.

    (4) The moles of HAP emitted during the depressurization are 
calculated by taking an approximation of the average ratio of moles of 
HAP to moles of noncondensable and multiplying by the total moles of 
noncondensables released during the depressurization, using Equation 23 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.032

Where:

nHAP, e = moles of HAP emitted
nHAP, 1 = moles of HAP vapor in vessel at the initial 
          pressure, as calculated using Equation 18 of this subpart
nHAP, 2 = moles of HAP vapor in vessel at the final pressure, 
          as calculated using Equation 18 of this subpart
n1 = initial number of moles of noncondensable gas in the 
          vessel, as calculated using Equation 19 of this subpart
n2 = final number of moles of noncondensable gas in the 
          vessel, as calculated using Equation 19 of this subpart.

    (5) Use Equation 24 of this subpart to calculate the mass of HAP 
emitted:
[GRAPHIC] [TIFF OMITTED] TR23JN99.023

Where:

E = mass of HAP emitted
nHAP, e = moles of HAP emitted, as calculated using Equation 
          23 of this subpart
MWHAP = average molecular weight of the HAP as calculated 
          using Equation 14 of this subpart

    (6) As an alternative to the procedures in paragraphs 
(c)(2)(i)(E)(1) through (5) of this section, emissions from 
depressurization may be calculated using Equation 25 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.024


[[Page 502]]


Where:

V = free volume in vessel being depressurized
R = ideal gas law constant
T = temperature of the vessel, absolute
P1 = initial pressure in the vessel
P2 = final pressure in the vessel
Pi = partial pressure of the individual HAP compounds
Pj = partial pressure of individual condensable VOC compounds 
          (including HAP)
MWi = molecular weight of the individual HAP compounds
n = number of HAP compounds in the emission stream
m = number of condensable VOC compounds (including HAP) in the emission 
          stream

    (F) Vacuum systems. Calculate emissions from vacuum systems using 
Equation 26 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.033

Where:

E = mass of HAP emitted
PT = absolute pressure of receiving vessel or ejector outlet 
          conditions, if there is no receiver
Pi = partial pressure of individual HAP at the receiver 
          temperature or the ejector outlet conditions
Pj = partial pressure of individual condensable compounds 
          (including HAP) at the receiver temperature or the ejector 
          outlet conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWHAP = average molecular weight of HAP in the emission 
          stream, as calculated using Equation 14 of this subpart, with 
          HAP partial pressures calculated at the temperature of the 
          receiver or ejector outlet, as appropriate
n = number of HAP components in the emission stream
m = number of condensable compounds (including HAP) in the emission 
          stream.

    (G) Gas evolution. Emissions from gas evolution shall be calculated 
using Equation 10 of this subpart with V calculated using Equation 27 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.026

Where:

V = volumetric flow rate of gas evolution
Wg = mass flow rate of gas evolution
R = ideal gas law constant
T = temperature at the exit, absolute
PT = vessel pressure
MWg = molecular weight of the evolved gas

    (H) Air drying. Use Equation 28 of this subpart to calculate 
emissions from air drying:
[GRAPHIC] [TIFF OMITTED] TR23JN99.027

Where:

E = mass of HAP emitted
B = mass of dry solids
PS1 = HAP in material entering dryer, weight percent
PS2 = HAP in material exiting dryer, weight percent.

    (ii) Engineering assessments. The owner or operator shall conduct an 
engineering assessment to determine uncontrolled HAP emissions for each 
emission episode that is not due to vapor displacement, purging, 
heating, depressurization, vacuum systems, gas evolution, or air drying. 
For a given

[[Page 503]]

emission episode caused by any of these seven types of activities, the 
owner or operator also may request approval to determine uncontrolled 
HAP emissions based on an engineering assessment. Except as specified in 
paragraph (c)(2)(ii)(A) of this section, all data, assumptions, and 
procedures used in the engineering assessment shall be documented in the 
Precompliance plan in accordance with Sec.  63.1367(b). An engineering 
assessment includes, but is not limited to, the information and 
procedures described in paragraphs (c)(2)(ii)(A) through (D) of this 
section.
    (A) Test results, provided the tests are representative of current 
operating practices at the process unit. For process vents without 
variable emission stream characteristics, an engineering assessment 
based on the results of a previous test may be submitted in the 
Notification of Compliance Status report instead of the Precompliance 
plan. Results from a previous test of process vents with variable 
emission stream characteristics will be acceptable in place of values 
estimated using the procedures specified in paragraph (c)(2)(i) of this 
section if the test data show a greater than 20 percent discrepancy 
between the test value and the estimated value, and the results of the 
engineering assessment shall be included in the Notification of 
Compliance Status report. For other process vents with variable emission 
stream characteristics, engineering assessments based on the results of 
a previous test must be submitted in the Precompliance plan. For 
engineering assessments based on new tests, the owner or operator must 
comply with the test notification requirements in Sec.  63.1368(m), and 
the results of the engineering assessment may be submitted in the 
Notification of Compliance Status report rather than the Precompliance 
plan.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit applicable 
to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations;
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (3) Estimation of HAP concentrations based on saturation conditions.
    (3) Controlled emissions. Except for condensers, the owner or 
operator shall determine controlled emissions using the procedures in 
either paragraph (c)(3)(i) or (ii) of this section, as applicable. For 
condensers, controlled emissions shall be calculated using the emission 
estimation equations described in paragraph (c)(3)(iii) of this section. 
The owner or operator is not required to calculate controlled emissions 
from devices described in paragraph (a)(4) of this section or from 
flares for which compliance is demonstrated in accordance with paragraph 
(a)(3) of this section. If the owner or operator is complying with an 
outlet concentration standard and the control device uses supplemental 
gases, the outlet concentrations shall be corrected in accordance with 
the procedures described in paragraph (a)(7) of this section.
    (i) Small control devices, except condensers. Controlled emissions 
for each process vent that is controlled using a small control device, 
except for a condenser, shall be determined by using the design 
evaluation described in paragraph (c)(3)(i)(A) of this section, or by 
conducting a performance test in accordance with paragraph (c)(3)(ii) of 
this section.
    (A) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency under absolute or hypothetical peak-case 
conditions, as determined from the emission profile described in 
paragraph (b)(11)(iii) of this section. The control efficiency 
determined from this design evaluation shall be applied to uncontrolled 
emissions to estimate controlled emissions.

[[Page 504]]

The documentation must be conducted in accordance with the provisions in 
paragraph (a)(1) of this section. The design evaluation shall also 
include the value(s) and basis for the parameter(s) monitored under 
Sec.  63.1366.
    (B) Whenever a small control device becomes a large control device, 
the owner or operator must comply with the provisions in paragraph 
(c)(3)(ii) of this section and submit the test report in the next 
Periodic report.
    (ii) Large control devices, except condensers. Controlled emissions 
for each process vent that is controlled using a large control device, 
except for a condenser, shall be determined by applying the control 
efficiency of the large control device to the estimated uncontrolled 
emissions. The control efficiency shall be determined by conducting a 
performance test on the control device as described in paragraphs 
(c)(3)(ii)(A) through (C) of this section, or by using the results of a 
previous performance test as described in paragraph (c)(3)(ii)(D) of 
this section. If the control device is intended to control only HCl and 
chlorine, the owner or operator may assume the control efficiency of 
organic HAP is 0 percent. If the control device is intended to control 
only organic HAP, the owner or operator may assume the control 
efficiency for HCl and chlorine is 0 percent.
    (A) Performance test measurements shall be conducted at both the 
inlet and outlet of the control device for TOC, total organic HAP, and 
total HCl and chlorine, as applicable, using the test methods and 
procedures described in paragraph (b) of this section. Concentrations 
shall be calculated from the data obtained through emission testing 
according to the procedures in paragraph (a)(2) of this section.
    (B) Performance testing shall be conducted under absolute or 
hypothetical peak-case conditions, as defined in paragraphs (b)(11)(i) 
and (ii) of this section.
    (C) The owner or operator may elect to conduct more than one 
performance test on the control device for the purpose of establishing 
more than one operating condition at which the control device achieves 
the required control efficiency.
    (D) The owner or operator is not required to conduct a performance 
test for any control device for which a previous performance test was 
conducted, provided the test was conducted using the same procedures 
specified in paragraphs (b)(1) through (11) of this section over 
conditions typical of the absolute or hypothetical peak-case, as defined 
in paragraphs (b)(11)(i) and (ii) of this section. The results of the 
previous performance test shall be used to demonstrate compliance.
    (iii) Condensers. The owner or operator using a condenser as a 
control device shall determine controlled emissions for each batch 
emission episode according to the engineering methodology in paragraphs 
(c)(3)(iii)(A) through (G) of this section. The owner or operator must 
establish the maximum outlet gas temperature and calculate the 
controlled emissions using this temperature in the applicable equation. 
Individual HAP partial pressures shall be calculated as specified in 
paragraph (c)(2)(i) of this section.
    (A) Emissions from vapor displacement due to transfer of material to 
a vessel shall be calculated using Equation 9 of this subpart with T set 
equal to the temperature of the receiver and the HAP partial pressures 
determined at the temperature of the receiver.
    (B) Emissions from purging shall be calculated using Equation 10 of 
this subpart with T set equal to the temperature of the receiver and the 
HAP partial pressures determined at the temperature of the receiver.
    (C) Emissions from heating shall be calculated using Equation 29 of 
this subpart. In Equation 29 of this subpart, [Delta][eta] is equal to 
the number of moles of noncondensable displaced from the vessel, as 
calculated using Equation 12 of this subpart. In Equation 29 of this 
subpart, the HAP average molecular weight shall be calculated using 
Equation 14 with the HAP partial pressures determined at the temperature 
of the receiver.

[[Page 505]]

[GRAPHIC] [TIFF OMITTED] TR23JN99.028

Where:

E = mass of HAP emitted
[Delta][eta] = moles of noncondensable gas displaced
PT = pressure in the receiver
Pi = partial pressure of the individual HAP at the receiver 
          temperature
Pj = partial pressure of the individual condensable VOC 
          (including HAP) at the receiver temperature
n = number of HAP compounds in the emission stream
MWHAP = the average molecular weight of HAP in vapor exiting 
          the receiver, as calculated using Equation 14 of this subpart
m = number of condensable VOC (including HAP) in the emission stream

    (D)(1) Emissions from depressurization shall be calculated using 
Equation 30 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.029

Where:

E = mass of HAP vapor emitted
Vnc1 = initial volume of noncondensable in the vessel, 
          corrected to the final pressure, as calculated using Equation 
          31 of this subpart
Vnc2 = final volume of noncondensable in the vessel, as 
          calculated using Equation 32 of this subpart
Pi = partial pressure of each individual HAP at the receiver 
          temperature
Pj = partial pressure of each condensable VOC (including HAP) 
          at the receiver temperature
PT = receiver pressure
T = temperature of the receiver, absolute
R = ideal gas law constant
MWHAP = the average molecular weight of HAP calculated using 
          Equation 14 of this subpart with partial pressures determined 
          at the receiver temperature
n = number of HAP compounds in the emission stream
m = number of condensable VOC (including HAP) in the emission stream

    (2) The initial and final volumes of noncondensable gas present in 
the vessel, adjusted to the pressure of the receiver, are calculated 
using Equations 31 and 32 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR23JN99.030

[GRAPHIC] [TIFF OMITTED] TR23JN99.031

Where:

Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as 
          calculated using Equation 33 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as 
          calculated using Equation 34 of this subpart
PT = pressure of the receiver

    (3) Initial and final partial pressures of the noncondensable gas in 
the vessel are determined using Equations 33 and 34 of this subpart.

[[Page 506]]

[GRAPHIC] [TIFF OMITTED] TR23JN99.032

[GRAPHIC] [TIFF OMITTED] TR23JN99.033

Where:

Pnc1 = initial partial pressure of the noncondensable gas in 
          the vessel
Pnc2 = final partial pressure of the noncondensable gas in 
          the vessel
P1 = initial vessel pressure
P2 = final vessel pressure
Pj = partial pressure of each condensable VOC (including HAP) 
          in the vessel
m = number of condensable VOC (including HAP) in the emission stream

    (E) Emissions from vacuum systems shall be calculated using Equation 
26 of this subpart.
    (F) Emissions from gas evolution shall be calculated using Equation 
8 with V calculated using Equation 27 of this subpart, T set equal to 
the receiver temperature, and the HAP partial pressures determined at 
the receiver temperature. The term for time, t, in Equation 10 of this 
subpart is not needed for the purposes of this calculation.
    (G) Emissions from air drying shall be calculated using Equation 9 
of this subpart with V equal to the air flow rate and Pi 
determined at the receiver temperature.
    (d) Initial compliance with storage vessel provisions. The owner or 
operator of an existing or new affected source shall demonstrate initial 
compliance with the storage vessel standards in Sec.  63.1362(c)(2) 
through (4) by fulfilling the requirements in either paragraph (d)(1), 
(2), (3), (4), (5), or (6) of this section, as applicable. The owner or 
operator shall demonstrate initial compliance with the planned routine 
maintenance provision in Sec.  63.1362(c)(5) by fulfilling the 
requirements in paragraph (d)(7) of this section.
    (1) Percent reduction requirement for control devices. If the owner 
or operator equips a Group 1 storage vessel with a closed vent system 
and control device, the owner or operator shall demonstrate initial 
compliance with the percent reduction requirement of Sec.  
63.1362(c)(2)(iv)(A) or (c)(3) either by calculating the efficiency of 
the control device using performance test data as specified in paragraph 
(d)(1)(i) of this section, or by preparing a design evaluation as 
specified in paragraph (d)(1)(ii) of this section.
    (i) Performance test option. If the owner or operator elects to 
demonstrate initial compliance based on performance test data, the 
efficiency of the control device shall be calculated as specified in 
paragraphs (d)(1)(i)(A) through (D) of this section.
    (A) At the reasonably expected maximum filling rate, Equations 35 
and 36 of this subpart shall be used to calculate the mass rate of total 
organic HAP or TOC at the inlet and outlet of the control device.
[GRAPHIC] [TIFF OMITTED] TR20SE02.034

[GRAPHIC] [TIFF OMITTED] TR20SE02.035

Where:

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

    (B) The percent reduction in total organic HAP or TOC shall be 
calculated using Equation 37 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.036

Where:

R = control efficiency of control device, percent
Ei = mass rate of total organic HAP or TOC at the inlet to 
          the control device as calculated under paragraph (d)(l)(i)(A) 
          of

[[Page 507]]

          this section, kilograms organic HAP per hour
Eo = mass rate of total organic HAP or TOC at the outlet of 
          the control device, as calculated under paragraph (d)(1)(i)(A) 
          of this section, kilograms organic HAP per hour.

    (C) A performance test is not required to be conducted if the 
control device used to comply with Sec.  63.1362(c) (storage tank 
provisions) is also used to comply with Sec.  63.1362(b) (process vent 
provisions), provided compliance with Sec.  63.1362(b) is demonstrated 
in accordance with paragraph (c) of this section and the demonstrated 
percent reduction is equal to or greater than 95 percent.
    (D) A performance test is not required for any control device for 
which a previous test was conducted, provided the test was conducted 
using the same procedures specified in paragraph (b) of this section.
    (ii) Design evaluation option. If the owner or operator elects to 
demonstrate initial compliance by conducting a design evaluation, the 
owner or operator shall prepare documentation in accordance with the 
design evaluation provisions in paragraph (a)(1) of this section, as 
applicable. The design evaluation shall demonstrate that the control 
device being used achieves the required control efficiency when the 
storage vessel is filled at the reasonably expected maximum filling 
rate.
    (2) Outlet concentration requirement for control devices. If the 
owner or operator equips a Group 1 storage vessel with a closed vent 
system and control device, the owner or operator shall demonstrate 
initial compliance with the outlet concentration requirements of Sec.  
63.1362(c)(2)(iv)(B) or (c)(3) by fulfilling the requirements of 
paragraph (a)(6) of this section.
    (3) Floating roof. If the owner or operator equips a Group 1 storage 
vessel with a floating roof to comply with the provisions in Sec.  
63.1362(c)(2) or (c)(3), the owner or operator shall demonstrate initial 
compliance by complying with the procedures described in paragraphs 
(d)(3)(i) and (ii) of this section.
    (i) Comply with Sec.  63.119(b), (c), or (d) of subpart G of this 
part, as applicable, with the differences specified in Sec.  
63.1362(d)(2)(i) through (iii).
    (ii) Comply with the procedures described in Sec.  63.120(a), (b), 
or (c), as applicable, with the differences specified in paragraphs 
(d)(3)(ii)(A) through (C) of this section.
    (A) When the term ``storage vessel'' is used in Sec.  63.120, the 
definition of the term ``storage vessel'' in Sec.  63.1361 shall apply 
for the purposes of this subpart.
    (B) When the phrase ``the compliance date specified in Sec.  63.100 
of subpart F of this part'' is referred to in Sec.  63.120, the phrase 
``the compliance date specified in Sec.  63.1364'' shall apply for the 
purposes of this subpart.
    (C) When the phrase ``the maximum true vapor pressure of the total 
organic HAP in the stored liquid falls below the values defining Group 1 
storage vessels specified in Table 5 or Table 6 of this subpart'' is 
referred to in Sec.  63.120(b)(1)(iv), the phrase ``the maximum true 
vapor pressure of the total organic HAP in the stored liquid falls below 
the values defining Group 1 storage vessels specified in Sec.  63.1361'' 
shall apply for the purposes of this subpart.
    (4) Flares. If the owner or operator controls the emissions from a 
Group 1 storage vessel with a flare, initial compliance is demonstrated 
by fulfilling the requirements in paragraph (a)(3) of this section.
    (5) Exemptions from initial compliance. No initial compliance 
demonstration is required for control devices specified in paragraph 
(a)(4) of this section.
    (6) Initial compliance with alternative standard. If the owner or 
operator equips a Group 1 storage vessel with a closed-vent system and 
control device, the owner or operator shall demonstrate initial 
compliance with the alternative standard in Sec.  63.1362(c)(4) by 
fulfilling the requirements of paragraph (a)(5) of this section.
    (7) Planned routine maintenance. The owner or operator shall 
demonstrate initial compliance with the planned routine maintenance 
provisions of Sec.  63.1362(c)(5) by including the anticipated periods 
of planned routine maintenance for the first reporting period in the 
Notification of Compliance Status report as specified in Sec.  
63.1368(f).
    (e) Initial compliance with wastewater provisions. The owner or 
operator shall demonstrate initial compliance with

[[Page 508]]

the wastewater requirements by complying with the applicable provisions 
in Sec.  63.145, except that the owner or operator need not comply with 
the requirement to determine visible emissions that is specified in 
Sec.  63.145(j)(1), and references to compounds in Table 8 of subpart G 
of this part are not applicable for the purposes of this subpart. When 
Sec.  63.145(i) refers to Method 18 of 40 CFR part 60, appendix A-6, the 
owner or operator may use any method specified in Sec.  63.1362(d)(12) 
to demonstrate initial compliance with this subpart.
    (f) Initial compliance with the bag dump and product dryer 
provisions. Compliance with the particulate matter concentration limits 
specified in Sec.  63.1362(e) is demonstrated when the concentration of 
particulate matter is less than 0.01 gr/dscf, as measured using the 
method described in paragraph (b)(7) of this section.
    (g) Initial compliance with the pollution prevention alternative 
standard. The owner or operator shall demonstrate initial compliance 
with Sec.  63.1362(g)(2) and (3) for a PAI process unit by preparing the 
demonstration summary in accordance with paragraph (g)(1) of this 
section and by calculating baseline and target annual HAP and VOC 
factors in accordance with paragraphs (g)(2) and (3) of this section. To 
demonstrate initial compliance with Sec.  63.1362(g)(3), the owner or 
operator must also comply with the procedures for add-on control devices 
that are specified in paragraph (g)(4) of this section.
    (1) Demonstration summary. The owner or operator shall prepare a 
pollution prevention demonstration summary that shall contain, at a 
minimum, the information in paragraphs (g)(1)(i) through (iii) of this 
section. The demonstration summary shall be included in the 
Precompliance report as specified in Sec.  63.1368(e)(4).
    (i) Descriptions of the methodologies and forms used to measure and 
record consumption of HAP and VOC compounds.
    (ii) Descriptions of the methodologies and forms used to measure and 
record production of the product(s).
    (iii) Supporting documentation for the descriptions provided in 
accordance with paragraphs (g)(1)(i) and (ii) of this section including, 
but not limited to, operator log sheets and copies of daily, monthly, 
and annual inventories of materials and products. The owner or operator 
must show how this documentation will be used to calculate the annual 
factors required in Sec.  63.1366(f)(1).
    (2) Baseline factors. The baseline HAP and VOC factors shall be 
calculated by dividing the consumption of total HAP and total VOC by the 
production rate, per process, for the first 3-year period in which the 
process was operational, beginning no earlier than the period consisting 
of the 1987 through 1989 calendar years. Alternatively, for a process 
that has been operational for less than 3 years, but more than 1 year, 
the baseline factors shall be established for the time period from 
startup of the process until the present.
    (3) Target annual factors. The owner or operator must calculate 
target annual factors in accordance with either paragraph (g)(3)(i) or 
(ii) of this section.
    (i) To demonstrate initial compliance with Sec.  63.1362(g)(2), the 
target annual HAP factor must be equal to or less than 15 percent of the 
baseline HAP factor. For each reduction in a HAP that is also a VOC, the 
target annual VOC factor must be lower than the baseline VOC factor by 
an equivalent amount on a mass basis. For each reduction in a HAP that 
is not a VOC, the target annual factor must be equal to or less than the 
baseline VOC factor.
    (ii) To demonstrate initial compliance with Sec.  63.1362(g)(3)(i), 
the target annual HAP and VOC factors must be calculated as specified in 
paragraph (g)(3)(i) of this section, except that when ``15 percent'' is 
referred to in paragraph (g)(3)(i) of this section, ``50 percent'' shall 
apply for the purposes of this paragraph.
    (4) Requirements for add-on control devices. Initial compliance with 
the requirements for add-on control devices in Sec.  63.1362(g)(3)(ii) 
is demonstrated when the requirements in paragraphs (g)(4)(i) through 
(iii) of this section are met.
    (i) The yearly reductions associated with add-on controls that meet 
the criteria of Sec.  63.1362(g)(3)(ii)(A) through (D), must be equal to 
or greater than the

[[Page 509]]

amounts calculated using Equations 38 and 39 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.037

[GRAPHIC] [TIFF OMITTED] TR23JN99.038

Where:

HAPreduced = the annual HAP emissions reduction required by 
          add-on controls, kg/yr
HFbase = the baseline HAP factor, kg HAP consumed/kg product
RP2 = the fractional reduction in the annual HAP factor 
          achieved using pollution prevention where RP2 is 
          =0.5
VOCreduced = required VOC emission reduction from add-on 
          controls, kg/yr
VFbase = baseline VOC factor, kg VOC emitted/kg production
VFP2 = reduction in VOC factor achieved by pollution 
          prevention, kg VOC emitted/kg production
VFannual = target annual VOC factor, kg VOC emitted/kg 
          production
Mprod = production rate, kg/yr

    (ii) Demonstration that the criteria in Sec.  63.1362(g)(3)(ii)(A) 
through (D) are met shall be accomplished through a description of the 
control device and of the material streams entering and exiting the 
control device.
    (iii) The annual reduction achieved by the add-on control shall be 
quantified using the methods described in paragraph (c) of this section.
    (h) Compliance with emissions averaging provisions. An owner or 
operator shall demonstrate compliance with the emissions averaging 
provisions of Sec.  63.1362(h) by fulfilling the requirements of 
paragraphs (h)(1) through (6) of this section.
    (1) The owner or operator shall develop and submit for approval an 
Emissions Averaging Plan containing all the information required in 
Sec.  63.1367(d). The Emissions Averaging Plan shall be submitted no 
later than 18 months prior to the compliance date of the standard. The 
Administrator shall determine within 120 calendar days whether the 
Emissions Averaging Plan submitted by sources using emissions averaging 
presents sufficient information. The Administrator shall either approve 
the Emissions Averaging Plan, request changes, or request that the owner 
or operator submit additional information. Once the Administrator 
receives sufficient information, the Administrator shall approve, 
disapprove, or request changes to the plan within 120 days. If the 
Emissions Averaging Plan is disapproved, the owner or operator must 
still be in compliance with the standard by the compliance date.
    (2) For all points included in an emissions average, the owner or 
operator shall comply with the procedures that are specified in 
paragraphs (h)(2)(i) through (v) of this section.
    (i) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the standard 
for those emission points. Equations in paragraph (h)(5) of this section 
shall be used to calculate debits.
    (ii) Calculate and record monthly credits for all Group 1 and Group 
2 emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h)(6) of this section shall be used to calculate 
credits. All process vent, storage vessel, and wastewater emission 
points except those specified in Sec.  63.1362(h)(1) through (6) may be 
included in the credit calculation.
    (iii) Demonstrate that annual credits calculated according to 
paragraph (h)(6) of this section are greater than or equal to debits 
calculated according to paragraph (h)(5) of this section for the same 
annual compliance period. The initial demonstration in the Emissions 
Averaging Plan or operating permit application that credit-generating 
emission points will be capable of generating sufficient credits to 
offset the debit-generating emission points shall be made under 
representative operating conditions. After the compliance date, actual 
operating data shall be

[[Page 510]]

used for all debit and credit calculations.
    (iv) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (h)(5) of this section are not more than 
1.30 times the credits for the same period calculated according to 
paragraph (h)(6) 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.
    (v) Record and report quarterly and annual credits and debits as 
required in Sec. Sec.  63.1367(d) and 63.1368(d).
    (3) [Reserved]
    (4) During periods of monitoring excursions, credits and debits 
shall be adjusted as specified in paragraphs (h)(4)(i) through (iii) of 
this section.
    (i) No credits shall be assigned to the credit-generating emission 
point.
    (ii) Maximum debits shall be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in Sec.  63.150(l) of subpart G of this part.
    (5) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or 
controlled to a level less stringent than the applicable standard and 
the emissions allowed for the Group 1 emission point. Debits shall be 
calculated in accordance with the procedures specified in paragraphs 
(h)(5)(i) through (iv) of this section.
    (i) Source-wide debits shall be calculated using Equation 40 of this 
subpart.
    Debits and all terms of Equation 40 of this subpart are in units of 
Mg/month
[GRAPHIC] [TIFF OMITTED] TR23JN99.039

Where:

EPViU = uncontrolled emissions from process i calculated 
          according to the procedures specified in paragraph (h)(5)(ii) 
          of this section
EPViA = actual emissions from each Group 1 process i that is 
          uncontrolled or is controlled to a level less stringent than 
          the applicable standard. EPViA is calculated using 
          the procedures in paragraph (h)(5)(ii) of this section
ESiU = uncontrolled emissions from storage vessel i 
          calculated according to the procedures specified in paragraph 
          (h)(5)(iii) of this section
ESiA = actual emissions from each Group 1 storage vessel i 
          that is uncontrolled or is controlled to a level less 
          stringent than the applicable standard. ESiA is 
          calculated using the procedures in paragraph (h)(5)(iii) of 
          this section
EWWiC = emissions from each Group 1 wastewater stream i if 
          the standard had been applied to the uncontrolled emissions. 
          EWWiC is calculated using the procedures in 
          paragraph (h)(5)(iv) of this section
EWWiA = actual emissions from each Group 1 wastewater stream 
          i that is uncontrolled or is controlled to a level less 
          stringent than the applicable standard. EWWiA is 
          calculated using the procedures in paragraph (h)(5)(iv) of 
          this section
n = the number of emission points being included in the emissions 
          average; the value of n is not necessarily the same for 
          process vents, storage tanks, and wastewater

    (ii) Emissions from process vents shall be calculated in accordance 
with the procedures specified in paragraphs (h)(5)(ii)(A) through (C) of 
this section.
    (A) Except as provided in paragraph (h)(5)(ii)(C) of this section, 
uncontrolled emissions for process vents shall be calculated using the 
procedures that are specified in paragraph (c)(2) of this section.
    (B) Except as provided in paragraph (h)(5)(ii)(C) of this section, 
actual emissions for process vents shall be calculated using the 
procedures specified in paragraphs (c)(2) and (c)(3) of this section, as 
applicable.
    (C) As an alternative to the procedures described in paragraphs 
(h)(5)(ii)(A) and (B) of this section, for continuous processes, 
uncontrolled and actual emissions may be calculated by

[[Page 511]]

the procedures described in Sec.  63.150(g)(2) of subpart G of this 
part. For purposes of complying with this paragraph, a 90 percent 
reduction shall apply instead of the 98 percent reduction in Sec.  
63.150(g)(2)(iii) of subpart G of this part, and the term ``process 
condenser'' shall apply instead of the term ``recovery device'' in Sec.  
63.150(g)(2) for the purposes of this subpart.
    (iii) Uncontrolled emissions from storage vessels shall be 
calculated in accordance with the procedures described in paragraph 
(d)(1) of this section. Actual emissions from storage vessels shall be 
calculated using the procedures specified in Sec.  63.150(g)(3)(ii), 
(iii), or (iv) of subpart G of this subpart, as appropriate, except that 
when Sec.  63.150(g)(3)(ii)(B) refers to the procedures in Sec.  
63.120(d) for determining percent reduction for a control device, Sec.  
63.1365(d)(2) or (3) shall apply for the purposes of this subpart.
    (iv) Emissions from wastewater shall be calculated using the 
procedures specified in Sec.  63.150(g)(5) of subpart G of this part.
    (6) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from that Group 1 or Group 2 emission point that have been 
controlled after November 15, 1990 to a level more stringent than what 
is required in this subpart or any other State or Federal rule or 
statute. Credits shall be calculated in accordance with the procedures 
specified in paragraphs (h)(6)(i) through (v) of this section.
    (i) Source-wide credits shall be calculated using Equation 41 of 
this subpart. Credits and all terms in Equation 41 of this subpart are 
in units of Mg/month, the baseline date is November 15, 1990, the terms 
consisting of a constant multiplied by the uncontrolled emissions are 
the emissions from each emission point subject to the standards in Sec.  
63.1362(b) and (c) that is controlled to a level more stringent than the 
standard.
[GRAPHIC] [TIFF OMITTED] TR23JN99.040

Where:

EPV1iU = uncontrolled emissions from each Group 1 process i 
          calculated according to the procedures in paragraph 
          (h)(6)(iii)(A) of this section
EPV1iA = actual emissions from each Group 1 process i that is 
          controlled to a level more stringent than the applicable 
          standard. EPV1iA is calculated according to the 
          procedures in paragraph (h)(6)(iii)(B) of this section
EPV2iB = emissions from each Group 2 process i at the 
          baseline date. EPV2iB is calculated according to 
          the procedures in paragraph (h)(6)(iii)(C) of this section
EPV2iA = actual emissions from each Group 2 process i that is 
          controlled. EPV2iA is calculated according to the 
          procedures in paragraph (h)(6)(iii)(C) of this section
ES1iU = uncontrolled emissions from each Group 1 storage 
          vessel i calculated according to the procedures in paragraph 
          (h)(6)(iv) of this section
ES1iA = actual emissions from each Group 1 storage vessel i 
          that is controlled to a level more stringent that the 
          applicable standard. ES1iA is calculated according 
          to the procedures in paragraph (h)(6)(iv) of this section
ES2iB = emissions from each Group 2 storage vessel i at the 
          baseline date. ES2iB is calculated according to the 
          procedures in paragraph (h)(6)(iv) of this section
ES2iA = actual emissions from each Group 2 storage vessel i 
          that is controlled. ES2iA is calculated according 
          to the procedures in paragraph (h)(6)(iv) of this section
EWW1iC = emissions from each Group 1 wastewater stream i if 
          the standard had been applied to the uncontrolled emissions. 
          EWW1iC is calculated according to the procedures in 
          paragraph (h)(6)(v) of this section
EWW1iA= emissions from each Group 1 wastewater stream i that 
          is controlled to a level more stringent that the applicable 
          standard. EWW1iA is calculated according

[[Page 512]]

          to the procedures in paragraph (h)(6)(v) of this section
EWW2iB = emissions from each Group 2 wastewater stream i at 
          the baseline date. EWW2iB is calculated according 
          to the procedures in paragraph (h)(6)(v) of this section
EWW2iA = actual emissions from each Group 2 wastewater stream 
          i that is controlled. EWW2iA is calculated 
          according to the procedures in paragraph (h)(6)(v) of this 
          section
n = number of Group 1 emission points that are included in the emissions 
          average. The value of n is not necessarily the same for 
          process vents, storage tanks, and wastewater
m = number of Group 2 emission points included in the emissions average. 
          The value of m is not necessarily the same for process vents, 
          storage tanks, and wastewater
D = discount factor equal to 0.9 for all credit-generating emission 
          points except those controlled by a pollution prevention 
          measure, which will not be discounted

    (ii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in Sec.  63.150(j) of subpart G of this part.
    (iii) Emissions from process vents shall be calculated in accordance 
with the procedures specified in paragraphs (h)(6)(iii)(A) through (C) 
of this section.
    (A) Uncontrolled emissions from Group 1 process vents shall be 
calculated according to the procedures in paragraph (h)(5)(ii)(A) or (C) 
of this section.
    (B) Actual emissions from Group 1 process vents with a nominal 
efficiency greater than the applicable standard or a pollution 
prevention measure that achieves reductions greater than the applicable 
standard shall be calculated using Equation 42 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR23JN99.041

Where:

EPV1iA = actual emissions from each Group 1 process i that is 
          controlled to a level more stringent than the applicable 
          standard
EPV1iU = uncontrolled emissions from each Group 1 process i
Neff = nominal efficiency of control device or pollution 
          prevention measure, percent

    (C) Baseline and actual emissions from Group 2 process vents shall 
be calculated according to the procedures in Sec.  63.150(h)(2)(iii) and 
(iv) with the following modifications:
    (1) The term ``90 percent reduction'' shall apply instead of the 
term ``98 percent reduction''; and
    (2) When the phrase ``paragraph (g)(2)'' is referred to in Sec.  
63.150(h)(2)(iii) and (iv), the provisions in paragraph (h)(5)(ii) of 
this section shall apply for the purposes of this subpart.
    (iv) Uncontrolled emissions from storage vessels shall be calculated 
according to the procedures described in paragraph (d)(1) of this 
section. Actual and baseline emissions from storage tanks shall be 
calculated according to the procedures specified in Sec.  63.150(h)(3) 
of subpart G of this part, except when Sec.  63.150(h)(3) refers to 
Sec.  63.150(g)(3)(i), paragraph (d)(1) of this section shall apply for 
the purposes of this subpart.
    (v) Emissions from wastewater shall be calculated using the 
procedures in Sec.  63.150(h)(5) of subpart G of this part.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59347, Sept. 20, 2002; 
79 FR 17374, Mar. 27, 2014]



Sec.  63.1366  Monitoring and inspection requirements.

    (a) To provide evidence of continued compliance with the standard, 
the owner or operator of any existing or new affected source shall 
install, operate, and maintain monitoring devices as specified in this 
section. During the initial compliance demonstration, maximum or minimum 
operating parameter levels, or other design and operating 
characteristics, as appropriate, shall be established for emission 
sources that will indicate the source is in compliance. Test data, 
calculations, or information from the evaluation of

[[Page 513]]

the control device design, as applicable, shall be used to establish the 
operating parameter level or characteristic.
    (b) Monitoring for control devices--(1) Parameters to monitor. 
Except as specified in paragraph (b)(1)(i) of this section, for each 
control device, the owner or operator shall install and operate 
monitoring devices and operate within the established parameter levels 
to ensure continued compliance with the standard. Monitoring parameters 
are specified for control scenarios in paragraphs (b)(1)(ii) through 
(xii) of this section, and are summarized in Table 3 of this subpart.
    (i) Periodic verification. For control devices that control vent 
streams containing total HAP emissions less than 0.91 Mg/yr, before 
control, monitoring shall consist of a periodic verification that the 
device is operating properly. This verification shall include, but not 
be limited to, a daily or more frequent demonstration that the unit is 
working as designed and may include the daily measurements of the 
parameters described in paragraphs (b)(1)(ii) through (xii) of this 
section. This demonstration shall be included in the Precompliance plan, 
to be submitted 6 months prior to the compliance date of the standard.
    (ii) Scrubbers. For affected sources using liquid scrubbers, the 
owner or operator shall establish a minimum scrubber liquid flow rate or 
pressure drop as a site-specific operating parameter which must be 
measured and recorded at least once every 15 minutes during the period 
in which the scrubber is controlling HAP from an emission stream as 
required by the standards in Sec.  63.1362. If the scrubber uses a 
caustic solution to remove acid emissions, the pH of the effluent 
scrubber liquid shall also be monitored once a day. The minimum scrubber 
liquid flow rate or pressure drop shall be based on the conditions under 
which the initial compliance demonstration was conducted. Alternatively, 
for halogen scrubbers, the owner or operator may comply with the 
requirements specified in Sec.  63.994(c).
    (A) The monitoring device used to determine the pressure drop shall 
be certified by the manufacturer to be accurate to within a gage 
pressure of 10 percent of the maximum pressure 
drop measured.
    (B) The monitoring device used for measurement of scrubber liquid 
flowrate shall be certified by the manufacturer to be accurate to within 
10 percent of the design scrubber liquid flowrate.
    (C) The monitoring device shall be calibrated annually.
    (iii) Condensers. For each condenser, the owner or operator shall 
establish the maximum condenser outlet gas temperature as a site-
specific operating parameter which must be measured and recorded at 
least once every 15 minutes during the period in which the condenser is 
controlling HAP from an emission stream as required by the standards in 
Sec.  63.1362.
    (A) The temperature monitoring device must be accurate to within 
2 percent of the temperature measured in degrees 
Celsius or 2.5 [deg]C, whichever is greater.
    (B) The temperature monitoring device must be calibrated annually.
    (iv) Regenerative carbon adsorbers. For each regenerative carbon 
adsorber, the owner or operator shall comply with the provisions in 
paragraphs (b)(1)(iv)(A) through (F) of this section.
    (A) Establish the regeneration cycle characteristics specified in 
paragraphs (b)(1)(iv)(A) (1) through (4) of this section under absolute 
or hypothetical peak-case conditions, as defined in Sec.  
63.1365(b)(11)(i) or (ii).
    (1) Minimum regeneration frequency (i.e., operating time since last 
regeneration);
    (2) Minimum temperature to which the bed is heated during 
regeneration;
    (3) Maximum temperature to which the bed is cooled, measured within 
15 minutes of completing the cooling phase; and
    (4) Minimum regeneration stream flow.
    (B) Monitor and record the regeneration cycle characteristics 
specified in paragraphs (b)(1)(iv)(B) (1) through (4) of this section 
for each regeneration cycle.
    (1) Regeneration frequency (i.e., operating time since end of last 
regeneration);
    (2) Temperature to which the bed is heated during regeneration;

[[Page 514]]

    (3) Temperature to which the bed is cooled, measured within 15 
minutes of the completion of the cooling phase; and
    (4) Regeneration stream flow.
    (C) Use a temperature monitoring device that is accurate to within 
2 percent of the temperature measured in degrees 
Celsius or 2.5 [deg]C, whichever is greater.
    (D) Use a regeneration stream flow monitoring device capable of 
recording the total regeneration stream flow to within 10 percent of the established value (i.e., accurate to 
within 10 percent of the reading).
    (E) Calibrate the temperature and flow monitoring devices annually.
    (F) Conduct an annual check for bed poisoning in accordance with 
manufacturer's specifications.
    (v) Nonregenerative carbon adsorbers. For each nonregenerative 
carbon adsorption system such as a carbon canister that does not 
regenerate the carbon bed directly onsite in the control device, the 
owner or operator shall replace the existing carbon bed in the control 
device with fresh carbon on a regular schedule based on one of the 
following procedures:
    (A) Monitor the TOC concentration level in the exhaust vent stream 
from the carbon adsorption system on a regular schedule, and replace the 
existing carbon with fresh carbon immediately when carbon breakthrough 
is indicated. The monitoring frequency shall be daily or at an interval 
no greater than 20 percent of the time required to consume the total 
carbon working capacity under absolute or hypothetical peak-case 
conditions as defined in Sec.  63.1365(b)(11)(i) or (ii), whichever is 
longer.
    (B) Establish the maximum time interval between replacement, and 
replace the existing carbon before this time interval elapses. The time 
interval shall be established based on the conditions anticipated under 
absolute or hypothetical peak-case, as defined in Sec.  
63.1365(b)(11)(i) or (ii).
    (vi) Flares. For each flare, the presence of the pilot flame shall 
be monitored at least once every 15 minutes during the period in which 
the flare is controlling HAP from an emission stream subject to the 
standards in Sec.  63.1362. The monitoring device shall be calibrated 
annually.
    (vii) Thermal incinerators. For each thermal incinerator, the owner 
or operator shall monitor the temperature of the gases exiting the 
combustion chamber as the site-specific operating parameter which must 
be measured and recorded at least once every 15 minutes during the 
period in which the combustion device is controlling HAP from an 
emission stream subject to the standards in Sec.  63.1362.
    (A) The temperature monitoring device must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (B) The monitoring device must be calibrated annually.
    (viii) Catalytic incinerators. For each catalytic incinerator, the 
parameter levels that the owner or operator shall establish are the 
minimum temperature of the gas stream immediately before the catalyst 
bed and the minimum temperature difference across the catalyst bed. The 
owner or operator shall monitor the temperature of the gas stream 
immediately before and after the catalyst bed, and calculate the 
temperature difference across the catalyst bed, at least once every 15 
minutes during the period in which the catalytic incinerator is 
controlling HAP from an emission stream subject to the standards in 
Sec.  63.1362.
    (A) The temperature monitoring devices must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (B) The temperature monitoring devices must be calibrated annually.
    (ix) Process heaters and boilers. (A) Except as specified in 
paragraph (b)(1)(ix)(B) of this section, for each boiler or process 
heater, the owner or operator shall monitor the temperature of the gases 
exiting the combustion chamber as the site-specific operating parameter 
which must be monitored and recorded at least every 15 minutes during 
the period in which the boiler or process heater is controlling HAP from 
an emission stream subject to the standards in Sec.  63.1362.
    (1) The temperature monitoring device must be accurate to within 
0.75

[[Page 515]]

percent of the temperature measured in degrees Celsius or 2.5 [deg]C, whichever is greater.
    (2) The temperature monitoring device must be calibrated annually.
    (B) The owner or operator is exempt from the monitoring requirements 
specified in paragraph (b)(1)(ix)(A) of this section if either:
    (1) All vent streams are introduced with primary fuel; or
    (2) The design heat input capacity of the boiler or process heater 
is 44 megawatts or greater.
    (x) Continuous emission monitor. As an alternative to the parameters 
specified in paragraphs (b)(1)(ii) through (ix) of this section, an 
owner or operator may monitor and record the outlet HAP concentration or 
both the outlet TOC concentration and outlet total HCl and chlorine 
concentration at least every 15 minutes during the period in which the 
control device is controlling HAP from an emission stream subject to the 
standards in Sec.  63.1362. The owner or operator need not monitor the 
total HCl and chlorine concentration if the owner or operator determines 
that the emission stream does not contain HCl or chlorine. The owner or 
operator need not monitor the TOC concentration if the owner or operator 
determines the emission stream does not contain organic compounds. The 
HAP or TOC monitor must meet the requirements of Performance 
Specification 8 or 9 of appendix B of part 60 and must be installed, 
calibrated, and maintained, according to Sec.  63.8 of subpart A of this 
part. As part of the QA/QC Plan, calibration of the device must include, 
at a minimum, quarterly cylinder gas audits. If supplemental gases are 
introduced before the control device, the monitored concentration shall 
be corrected as specified in Sec.  63.1365(a)(7).
    (xi) Fabric filters. For each fabric filter used to control 
particulate matter emissions from bag dumps and product dryers subject 
to Sec.  63.1362(e), the owner or operator shall install, calibrate, 
maintain, and continuously operate a bag leak detection system that 
meets the requirements in paragraphs (b)(1)(xi)(A) through (G) of this 
section.
    (A) The bag leak detection system sensor must provide output of 
relative particulate matter emissions.
    (B) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in particulate matter emissions 
over a preset level is detected.
    (C) For positive pressure fabric filters, a bag leak detector must 
be installed in each fabric filter compartment or cell. If a negative 
pressure or induced air filter is used, the bag leak detector must be 
installed downstream of the fabric filter. Where multiple bag leak 
detectors are required (for either type of fabric filter), the system 
instrumentation and alarm may be shared among detectors.
    (D) The bag leak detection system shall be installed, operated, 
calibrated and maintained in a manner consistent with available guidance 
from the U.S. Environmental Protection Agency or, in the absence of such 
guidance, the manufacturer's written specifications and instructions.
    (E) Calibration of the system shall, at a minimum, consist of 
establishing the relative 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.
    (F) Following initial adjustment, the owner or operator shall not 
adjust the sensitivity or range, averaging period, alarm set points, or 
alarm delay time, except as established in an operation and maintenance 
plan that is to be submitted with the Precompliance plan. In no event 
shall 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 baghouse inspection which demonstrates the baghouse 
is in good operating condition.
    (G) If the alarm on a bag leak detection system is triggered, the 
owner or operator shall, within 1 hour of an alarm, initiate the 
procedures to identify the cause of the alarm and take corrective action 
as specified in the corrective action plan.
    (xii) For each waste management unit, treatment process, or control 
device used to comply with Sec.  63.1362(d), the owner or operator shall 
comply with the procedures specified in Sec.  63.143 of subpart G of 
this part, except that

[[Page 516]]

when the procedures to request approval to monitor alternative 
parameters according to the procedures in Sec.  63.151(f) are referred 
to in Sec.  63.143(d)(3), the procedures in paragraph (b)(4) of this 
section shall apply for the purposes of this subpart.
    (xiii) Closed-vent system visual inspections. The owner or operator 
shall comply with the requirements in either paragraph (b)(1)(xiii)(A) 
or (B) of this section:
    (A) Set the flow indicator at the entrance to any bypass line that 
could divert the stream away from the control device to the atmosphere 
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 closed position with a car-seal or 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 
closed position and the vent stream is not diverted through the bypass 
line.
    (2) Averaging periods. Averaging periods for parametric monitoring 
levels shall be established according to paragraphs (b)(2)(i) through 
(iii) of this section.
    (i) Except as provided in paragraph (b)(2)(iii) of this section, a 
daily (24-hour) or block average shall be calculated as the average of 
all values for a monitored parameter level set according to the 
procedures in (b)(3)(iii) of this section recorded during the operating 
day or block.
    (ii) The operating day or block shall be defined in the Notification 
of Compliance Status report. The operating day may be from midnight to 
midnight or another continuous 24-hour period. The operating block may 
be used as an averaging period only for vents from batch operations, and 
is limited to a period of time that is, at a maximum, equal to the time 
from the beginning to end of a series of consecutive batch operations.
    (iii) Monitoring values taken during periods in which the control 
devices are not controlling HAP from an emission stream subject to the 
standards in Sec.  63.1362, as indicated by periods of no flow or 
periods when only streams that are not subject to the standards in Sec.  
63.1362 are controlled, shall not be considered in the averages. Where 
flow to the device could be intermittent, the owner or operator shall 
install, calibrate and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.
    (3) Procedures for setting parameter levels for control devices used 
to control emissions from process vents. (i) Small control devices. 
Except as provided in paragraph (b)(1)(i) of this section, for devices 
controlling less than 10 tons/yr of HAP for which a performance test is 
not required, the parameteric levels shall be set based on the design 
evaluation required in Sec.  63.1365(c)(3)(i)(A). If a performance test 
is conducted, the monitoring parameter level shall be established 
according to the procedures in paragraph (b)(3)(ii) of this section.
    (ii) Large control devices. For devices controlling greater than or 
equal to 10 tons/yr of HAP for which a performance test is required, the 
parameter level must be established as follows:
    (A) If the operating parameter level to be established is a maximum 
or minimum, it must be based on the average of the average values from 
each of the three test runs.
    (B) The owner or operator may establish the parametric monitoring 
level(s) based on the performance test supplemented by engineering 
assessments and/or manufacturer's recommendations. Performance testing 
is not required to be conducted over the entire range of expected 
parameter values. The rationale for the specific level for each 
parameter, including any data and calculations used to develop the 
level(s) and a description of why the level indicates proper operation 
of the control device shall be provided in the Precompliance plan. 
Determination of the parametric monitoring level using these procedures 
is subject to review and approval by the Administrator.
    (iii) Parameter levels for control devices controlling batch process 
vents. For devices controlling batch process vents alone or in 
combination with other streams, the level(s) shall be established in 
accordance with paragraph (b)(3)(iii)(A) or (B) of this section.

[[Page 517]]

    (A) A single level for the batch process(es) shall be calculated 
from the initial compliance demonstration.
    (B) The owner or operator may establish separate levels for each 
batch emission episode or combination of emission episodes selected to 
be controlled. If separate monitoring levels are established, the owner 
or operator must provide a record indicating at what point in the daily 
schedule or log of processes required to be recorded per the 
requirements of Sec.  63.1367(b)(7), the parameter being monitored 
changes levels and must record at least one reading of the new parameter 
level, even if the duration of monitoring for the new parameter level is 
less than 15 minutes.
    (4) Requesting approval to monitor alternative parameters. The owner 
or operator may request approval to monitor parameters other than those 
required by paragraphs (b)(1)(ii) through (xiii) of this section. The 
request shall be submitted according to the procedures specified in 
Sec.  63.8(f) of subpart A of this part or in the Precompliance report 
(as specified in Sec.  63.1368(e)).
    (5) Monitoring for the alternative standards. (i) For control 
devices that are used to comply with the provisions of Sec.  
63.1362(b)(6) and (c)(4), the owner or operator shall monitor and record 
the outlet TOC concentration and the outlet total HCl and chlorine 
concentration at least once every 15 minutes during the period in which 
the device is controlling HAP from emission streams subject to the 
standards in Sec.  63.1362. A TOC monitor meeting the requirements of 
Performance Specification 8 or 9 of appendix B of 40 CFR part 60 shall 
be installed, calibrated, and maintained, according to Sec.  63.8. The 
owner or operator need not monitor the total HCl and chlorine 
concentration if the owner or operator determines that the emission 
stream does not contain HCl or chlorine. The owner or operator need not 
monitor for TOC concentration if the owner or operator determines that 
the emission stream does not contain organic compounds.
    (ii) If supplemental gases are introduced before the control device, 
the owner or operator must either correct for supplemental gases as 
specified in Sec.  63.1365(a)(7) or, if using a combustion control 
device, comply with the requirements of paragraph (b)(5)(ii)(A) of this 
section. If the owner or operator corrects for supplemental gases as 
specified in Sec.  63.1365(a)(7)(ii) for non-combustion control devices, 
the flow rates must be evaluated as specified in paragraph (b)(5)(ii)(B) 
of this section.
    (A) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec.  63.1365(a)(7), 
the owner or operator may monitor residence time and firebox temperature 
according to the requirements of paragraphs (b)(5)(ii)(A)(1) and (2) of 
this section. Monitoring of residence time may be accomplished by 
monitoring flow rate into the combustion chamber.
    (1) If complying with the alternative standard instead of achieving 
a control efficiency of 95 percent or less, the owner or operator must 
maintain a minimum residence time of 0.5 seconds and a minimum 
combustion chamber temperature of 760 [deg]C.
    (2) If complying with the alternative standard instead of achieving 
a control efficiency of 98 percent, the owner or operator must maintain 
a minimum residence time of 0.75 seconds and a minimum combustion 
chamber temperature of 816 [deg]C.
    (B) Flow rate evaluation for non-combustion devices. To demonstrate 
continuous compliance with the requirement to correct for supplemental 
gases as specified in Sec.  63.1365(a)(7)(ii) for non-combustion 
devices, the owner or operator must evaluate the volumetric flow rate of 
supplemental gases, Vs, and the volumetric flow rate of all 
gases, Va, each time a new operating scenario is implemented 
based on process knowledge and representative operating data. The 
procedures used to evaluate the flow rates, and the resulting correction 
factor used in Equation 8 of this subpart, must be included in the 
Notification of Compliance Status report and in the next Periodic report 
submitted after an operating scenario change.
    (6) Exceedances of operating parameters. An exceedance of an 
operating parameter is defined as one of the following:
    (i) If the parameter level, averaged over the operating day or 
block, is below a minimum value established

[[Page 518]]

during the initial compliance demonstration.
    (ii) If the parameter level, averaged over the operating day or 
block, is above the maximum value established during the initial 
compliance demonstration.
    (iii) A loss of all pilot flames for a flare during an operating day 
or block. Multiple losses of all pilot flames during an operating day 
constitutes one exceedance.
    (iv) Each operating day or block for which the time interval between 
replacement of a nonregenerative carbon adsorber exceeds the interval 
established in paragraph (b)(1)(v) of this section.
    (v) Each instance in which procedures to initiate the response to a 
bag leak detector alarm within 1 hour of the alarm as specified in the 
corrective action plan.
    (7) Excursions. Excursions are defined by either of the two cases 
listed in paragraph (b)(7)(i) or (ii) of this section. An excursion also 
occurs if the periodic verification for a small control device is not 
conducted as specified in paragraph (b)(1)(i) of this section.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day or block and monitoring data are 
insufficient to constitute a valid hour of data, as defined in paragraph 
(b)(7)(iii) of this section, for at least 75 percent of the operating 
hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day or block and more than 1 of the hours during 
the period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if 
measured values are unavailable for any of the required 15-minute 
periods within the hour.
    (8) Violations. Exceedances of parameters monitored according to the 
provisions of paragraphs (b)(1)(ii), (b)(1)(iv) through (ix), and (b)(5) 
of this section, or excursions as defined by paragraphs (b)(7)(i) and 
(ii) of this section, constitute violations of the operating limit 
according to paragraphs (b)(8)(i) and (ii) of this section. Exceedances 
of the temperature limit monitored according to the provisions of 
paragraph (b)(1)(iii) of this section or exceedances of the outlet 
concentrations monitored according to the provisions of paragraph 
(b)(1)(x) of this section constitute violations of the emission limit 
according to paragraphs (b)(8)(i) and (ii) of this section. Exceedances 
of the outlet concentrations monitored according to the provisions of 
paragraph (b)(5) of this section constitute violations of the emission 
limit according to the provisions of paragraph (b)(8)(iii) of this 
section.
    (i) For episodes occurring more than once per day, exceedances of 
established parameter limits or excursions will result in no more than 
one violation per operating day for each monitored item of equipment 
utilized in the process.
    (ii) For control devices used for more than one process in the 
course of an operating day, exceedances or excursions will result in no 
more than one violation per operating day, per control device, for each 
process for which the control device is in service.
    (iii) Exceedances of the 20 or 50 ppmv TOC outlet emission limit, 
averaged over the operating day, will result in no more than one 
violation per day per control device. Exceedances of the 20 or 50 ppmv 
HCl and chlorine outlet emission limit, averaged over the operating day, 
will result in no more than one violation per day per control device.
    (c) Monitoring for uncontrolled emission rates. The owner or 
operator shall demonstrate continuous compliance with the emission limit 
in Sec.  63.1362 (b)(2)(i) or (b)(4)(i) by calculating daily a 365-day 
rolling summation of uncontrolled emissions based on the uncontrolled 
emissions per emission episode, as calculated using the procedures in 
Sec.  63.1365(c)(2), and records of the number of batches produced. Each 
day that the summation for a process exceeds 0.15 Mg/yr is considered a 
violation of the emission limit.
    (d) Monitoring for equipment leaks. The standard for equipment leaks 
is based on monitoring. All monitoring requirements for equipment leaks 
are specified in Sec.  63.1363.

[[Page 519]]

    (e) Monitoring for heat exchanger systems. The standard for heat 
exchanger systems is based on monitoring. All monitoring requirements 
for heat exchanger systems are specified in Sec.  63.1362(f).
    (f) Monitoring for the pollution prevention alternative standard. 
The owner or operator of an affected source that chooses to comply with 
the requirements of Sec.  63.1362(g) (2) or (3) shall calculate annual 
rolling average values of the HAP and VOC factors in accordance with the 
procedures specified in paragraph (f)(1) of this section. If complying 
with Sec.  63.1362(g)(3), the owner or operator shall also comply with 
the monitoring requirements specified in paragraph (b) of this section 
for the applicable add-on air pollution control device.
    (1) Annual factors. The annual HAP and VOC factors shall be 
calculated in accordance with the procedures specified in paragraphs 
(f)(1) (i) through (iii) of this section.
    (i) The consumption of both total HAP and total VOC shall be divided 
by the production rate, per process, for 12-month periods at the 
frequency specified in either paragraph (f)(1) (ii) or (iii) of this 
section, as applicable.
    (ii) For continuous processes, the annual factors shall be 
calculated every 30 days for the 12-month period preceding the 30th day 
(annual rolling average calculated every 30 days). A process with both 
batch and continuous operations is considered a continuous process for 
the purposes of this section.
    (iii) For batch processes, the annual factors shall be calculated 
every 10 batches for the 12-month period preceding the 10th batch 
(annual rolling average calculated every 10 batches). Additional annual 
factors shall be calculated every 12 months during the period before the 
10th batch if more than 12 months elapse before the 10th batch is 
produced.
    (2) Violations. Each rolling average that exceeds the target value 
established in Sec.  63.1365(g)(3) is considered a violation of the 
emission limit.
    (g) Monitoring for emissions averaging. The owner or operator of an 
affected source that chooses to comply with the requirements of Sec.  
63.1362(h) shall meet all monitoring requirements specified in paragraph 
(b) of this section, as applicable, for all processes, storage tanks, 
and waste management units included in the emissions average.
    (h) Leak inspection provisions for vapor suppression equipment. (1) 
Except as provided in paragraphs (h)(9) and (10) of this section, for 
each vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (h)(2) through (8) of 
this section.
    (2) Except as provided in paragraphs (h)(6) and (7) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs 
(h)(2)(i) and (ii) of this section and each fixed roof, cover, and 
enclosure shall be inspected according to the procedures and schedule 
specified in paragraph (h)(2)(iii) of this section.
    (i) If the vapor collection system or closed-vent system is 
constructed of hard-piping, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the vapor collection system or closed-vent system is 
constructed of ductwork, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section,
    (B) Conduct annual inspections according to the procedures in 
paragraph (h)(3) of this section, and
    (C) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (iii) For each fixed roof, cover, and enclosure, the owner or 
operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct semiannual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) Each vapor collection system, closed-vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in

[[Page 520]]

paragraphs (h)(3)(i) through (vi) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (ii) Detection instrument performance criteria. (A) Except as 
provided in paragraph (h)(3)(ii)(B) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the average composition of 
the process fluid not each individual VOC in the stream. For process 
streams that contain nitrogen, air, or other inerts which are not 
organic HAP or VOC, the average stream response factor shall be 
calculated on an inert-free basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (h)(3)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (h)(3)(ii)(A) of this section.
    (iii) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(h)(2)(ii)(A) of this section. In such cases, the calibration gas may be 
a mixture of one or more of the compounds to be measured in air.
    (v) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Sec.  63.180(b) and 
(c). The owner or operator shall subtract background reading from the 
maximum concentration indicated by the instrument.
    (vi) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (4) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (h)(5) 
of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (5) Delay of repair of a vapor collection system, closed-vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec.  63.1361, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the fugitive emissions likely to result from delay of 
repair. Repair of such equipment shall be complete by the end of the 
next shutdown.
    (6) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
Sec.  63.1367(f)(1), as unsafe-to-inspect are exempt from the inspection 
requirements of paragraphs (h)(2)(i), (ii), and (iii) of this section 
if:
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph 
(h)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times. Inspection is not required more than once annually.
    (7) Any parts of the vapor collection system, closed-vent system, 
fixed roof,

[[Page 521]]

cover, or enclosure that are designated, as described in Sec.  
63.1367(f)(2), as difficult-to-inspect are exempt from the inspection 
requirements of paragraphs (h)(2)(i), (ii), and (iii)(A) of this section 
if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (8) Records shall be maintained as specified in Sec.  63.1367(f).
    (9) If a closed-vent system subject to this section is also subject 
to the equipment leak provisions of Sec.  63.1363, the owner or operator 
shall comply with the provisions of Sec.  63.1363 and is exempt from the 
requirements of this section.
    (10) For any closed-vent system that is operated and maintained 
under negative pressure, the owner or operator is not required to comply 
with the requirements specified in paragraphs (h)(2) through (8) of this 
section.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59352, Sept. 20, 2002; 
68 FR 37358, June 23, 2003; 71 FR 20460, Apr. 20, 2006; 79 FR 17374, 
Mar. 27, 2014]



Sec.  63.1367  Recordkeeping requirements.

    (a) Requirements of subpart A of this part. The owner or operator of 
an affected source shall comply with the recordkeeping requirements in 
subpart A of this part as specified in Table 1 of this subpart and in 
paragraphs (a)(1) through (5) of this section.
    (1) Data retention. Each owner or operator of an affected source 
shall keep copies of all records and reports required by this subpart 
for at least 5 years, as specified in Sec.  63.10(b)(1) of subpart A of 
this part.
    (2) Records of applicability determinations. The owner or operator 
of a stationary source that is not subject to this subpart shall keep a 
record of the applicability determination, as specified in Sec.  
63.10(b)(3) of subpart A of this part.
    (3) Records of malfunctions. (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.  63.1360(e)(4), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (4) Recordkeeping requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source who 
installs a continuous monitoring system to comply with the alternative 
standards in Sec.  63.1362(b)(6) or (c)(4) shall maintain records 
specified in Sec.  63.10(c)(1) through (14) of subpart A of this part.
    (5) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions regarding construction and reconstruction in Sec.  63.5 of 
subpart A of this part.
    (b) Records of equipment operation. The owner or operator must keep 
the records specified in paragraphs (b)(1) through (11) of this section 
up-to-date and readily accessible.
    (1) Each measurement of a control device operating parameter 
monitored in accordance with Sec.  63.1366 and each measurement of a 
treatment process parameter monitored in accordance with the provisions 
of Sec.  63.1362(d).
    (2) For processes subject to Sec.  63.1362(g), records of 
consumption, production, and the rolling average values of the HAP and 
VOC factors.
    (3) For each continuous monitoring system used to comply with the 
alternative standards in Sec.  63.1362(b)(6) and (c)(4), records 
documenting the completion of calibration checks and maintenance of the 
continuous monitoring systems.
    (4) For processes in compliance with the 0.15 Mg/yr emission limit 
of Sec.  63.1362(b)(2)(i) or (b)(4)(i), daily records of the rolling 
annual calculations of uncontrolled emissions.
    (5) For each bag leak detector used to monitor particulate HAP 
emissions

[[Page 522]]

from a fabric filter, the owner or operator shall maintain records of 
any bag leak detection alarm, including the date and time, with a brief 
explanation of the cause of the alarm and the corrective action taken.
    (6) The owner or operator of an affected source that complies with 
the standards for process vents, storage tanks, and wastewater systems 
shall maintain up-to-date, readily accessible records of the information 
specified in paragraphs (b)(6)(i) through (vii) of this section to 
document that HAP emissions or HAP loadings (for wastewater) are below 
the limits specified in Sec.  63.1362:
    (i) Except as specified in paragraph (b)(6)(ix) of this section, the 
initial calculations of uncontrolled and controlled emissions of gaseous 
organic HAP and HCl per batch for each process.
    (ii) The wastewater concentrations and flow rates per POD and 
process.
    (iii) The number of batches per year for each batch process.
    (iv) The operating hours per year for continuous processes.
    (v) The number of batches and the number of operating hours for 
processes that contain both batch and continuous operations.
    (vi) The number of tank turnovers per year, if used in an emissions 
average or for determining applicability of a new PAI process unit.
    (vii) A description of absolute or hypothetical peak-case operating 
conditions as determined using the procedures in Sec.  63.1365(b)(11).
    (viii) Periods of planned routine maintenance as described in Sec.  
63.1362(c)(5).
    (ix) As an alternative to the records in paragraph (b)(6)(i) of this 
section, a record of the determination that the conditions in Sec.  
63.1365(b)(11)(iii)(D)(1) or (2) are met.
    (7) Daily schedule or log of each operating scenario updated daily 
or, at a minimum, each time a different operating scenario is put into 
operation.
    (8) If the owner or operator elects to comply with the vapor 
balancing alternative in Sec.  63.1362(c)(6), the owner or operator must 
keep records of the DOT certification required by Sec.  
63.1362(c)(6)(ii) and the pressure relief vent setting and leak 
detection records specified in Sec.  63.1362(c)(6)(v).
    (9) If the owner or operator elects to develop process unit groups, 
the owner or operator must keep records of the PAI and non-PAI process 
units in the process unit group, including records of the operating time 
for process units used to establish the process unit group. The owner or 
operator must also keep records of any redetermination of the primary 
product for the process unit group.
    (10) All maintenance performed on the air pollution control 
equipment.
    (11) If the owner or operator elects to comply with Sec.  63.1362(c) 
by installing a floating roof, the owner or operator must keep records 
of each inspection and seal gap measurement in accordance with Sec.  
63.123(c) through (e) as applicable.
    (c) Records of equipment leak detection and repair. The owner or 
operator of an affected source subject to the equipment leak standards 
in Sec.  63.1363 shall implement the recordkeeping requirements 
specified in Sec.  63.1363(g). All records shall be retained for a 
period of 5 years, in accordance with the requirements of Sec.  
63.10(b)(1) of subpart A of this part.
    (d) Records of emissions averaging. The owner or operator of an 
affected source that chooses to comply with the requirements of Sec.  
63.1362(h) shall maintain up-to-date records of the following 
information:
    (1) An Emissions Averaging Plan which shall include in the plan, for 
all emission points included in each of the emissions averages, the 
information listed in paragraphs (d)(1)(i) through (v) of this section.
    (i) The identification of all emission points in each emissions 
average.
    (ii) The values of all parameters needed for input to the emission 
debits and credits equations in Sec.  63.1365(h).
    (iii) The calculations used to obtain the debits and credits.
    (iv) The estimated values for all parameters required to be 
monitored under Sec.  63.1366(g) for each emission point included in an 
average. These parameter values, or as appropriate, limited ranges for 
parameter values, shall be specified as enforceable operating conditions 
for the operation of the

[[Page 523]]

process, storage vessel, or waste management unit, as appropriate. 
Changes to the parameters must be reported as required by Sec.  
63.1368(k).
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping and reporting provisions in Sec.  63.1365(h), 
Sec.  63.1366(g), and Sec.  63.1368(k) that are applicable to each 
emission point in the emissions average will be implemented beginning on 
the date of compliance.
    (2) The Emissions Averaging Plan 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 
operating permit authority, greater risk to human health or the 
environment than if the emission points were controlled according to the 
provisions in Sec.  63.1362(b) through (d).
    (i) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (A) The Administrator may require an owner or operator to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (B) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use or any other technically sound information or methods.
    (ii) An Emissions Averaging Plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
Emissions Averaging Plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Sec.  63.1362(b) through (d).
    (iii) A hazard or risk equivalency demonstration must satisfy the 
requirements specified in paragraphs (d)(2)(iii) (A) through (C) of this 
section.
    (A) Be a quantitative, comparative chemical hazard or risk 
assessment;
    (B) Account for differences between averaging and nonaveraging 
options in chemical hazard or risk to human health or the environment; 
and
    (C) Meet any requirements set by the Administrator for such 
demonstrations.
    (3) Records as specified in paragraphs (a) and (b) of this section.
    (4) A calculation of the debits and credits as specified in Sec.  
63.1365(h) for the last quarter and the prior four quarters.
    (e) The owner or operator of an affected source subject to the 
requirements for heat exchanger systems in Sec.  63.1362(g) shall retain 
the records as specified in Sec.  63.104(f)(1)(i) through (iv).
    (f) Records of inspections. The owner or operator shall keep records 
specified in paragraphs (f)(1) through (6) of this section.
    (1) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect in accordance with Sec.  63.1366(h)(6), an 
explanation of why the equipment is unsafe-to-inspect, and the plan for 
inspecting the equipment.
    (2) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as difficult-to-inspect in accordance with Sec.  63.1366(h)(7), an 
explanation of why the equipment is difficult-to-inspect, and the plan 
for inspecting the equipment.
    (3) For each vapor collection system or closed-vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep a 
record of the information specified in either paragraph (f)(3)(i) or 
(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
Sec.  63.1362(j)(1) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times and 
durations of all periods when the vent stream is diverted from the 
control device or the flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with Sec.  
63.1362(j)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall

[[Page 524]]

record that the monthly visual inspection of the seals or closure 
mechanisms has been done and shall record the occurrence of all periods 
when the seal mechanism is broken, the bypass line valve position has 
changed, or the key for a lock-and-key type lock has been checked out, 
and records of any car-seal that has broken.
    (4) For each inspection conducted in accordance with Sec.  
63.1366(h)(2) and (3) during which a leak is detected, a record of the 
information specified in paragraphs (f)(4)(i) through (ix) of this 
section.
    (i) Identification of the leaking equipment.
    (ii) The instrument identification numbers and operator name or 
initials, if the leak was detected using the procedures described in 
Sec.  63.1366(h)(3); or a record of that the leak was detected by 
sensory observations.
    (iii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iv) Maximum instrument reading measured by the method specified in 
Sec.  63.1366(h)(4) after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (vi) The name, initials, or other form of identification of the 
owner or operator (or designee) whose decision it was that repair could 
not be effected without a shutdown.
    (vii) The expected date of successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (viii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (ix) The date of successful repair of the leak.
    (5) For each inspection conducted in accordance with Sec.  
63.1366(h)(3) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (6) For each visual inspection conducted in accordance with Sec.  
63.1366(h)(2)(i)(B) or (iii)(B) of this section during which no leaks 
are detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
    (g) Records of primary use. For a PAI process unit that is used to 
produce a given material for use as a PAI as well as for other purposes, 
the owner or operator shall keep records of the total production and the 
production for use as a PAI on a semiannual or more frequent basis if 
the use as a PAI is not the primary use.

[64 FR 33589, June 23, 1999, as amended at 67 FR 59353, Sept. 20, 2002; 
71 FR 20460, Apr. 20, 2006; 79 FR 17374, Mar. 27, 2014]



Sec.  63.1368  Reporting requirements.

    (a) The owner or operator of an affected source shall comply with 
the reporting requirements of paragraphs (b) through (l) of this 
section. The owner or operator shall also comply with applicable 
paragraphs of Sec. Sec.  63.9 and 63.10 of subpart A of this part, as 
specified in Table 1 of this subpart.
    (b) Initial notification. The owner or operator shall submit the 
applicable initial notification in accordance with Sec.  63.9(b) or (d) 
of subpart A of this part.
    (c) Application for approval of construction or reconstruction. The 
owner or operator who is subject to Sec.  63.5(b)(3) of subpart A of 
this part shall submit to the Administrator an application for approval 
of the construc-tion of a new major source, the reconstruction of a 
major affected source, or the reconstruction of a major affected source 
subject to the standards. The application shall be prepared in 
accordance with Sec.  63.5(d) of subpart A of this part.
    (d) Notification of continuous monitoring system performance 
evaluation. An owner or operator who is required by the Administrator to 
conduct a performance evaluation for a continuous monitoring system that 
is used to comply with the alternative standard in Sec.  63.1362(b)(6) 
or (c)(4) shall notify the Administrator of the date of the performance 
evaluation as specified in Sec.  63.8(e)(2) of subpart A of this part.
    (e) Precompliance plan. The Precompliance plan shall be submitted at 
least 3 months prior to the compliance date of the standard. For new 
sources, the Precompliance plan shall be submitted to the Administrator 
with the application for approval of construction or reconstruction. The

[[Page 525]]

Administrator shall have 90 days to approve or disapprove the 
Precompliance plan. The Precompliance plan shall be considered approved 
if the Administrator either approves it in writing, or fails to 
disapprove it in writing within the 90-day time period. The 90-day 
period shall begin when the Administrator receives the Precompliance 
plan. If the Precompliance plan is disapproved, the owner or operator 
must still be in compliance with the standard by the compliance date. To 
change any of the information submitted in the Precompliance plan or to 
submit a Precompliance plan for the first time after the compliance 
date, the owner or operator shall notify the Administrator at least 90 
days before the planned change is to be implemented; the change shall be 
considered approved if the Administrator either approves the change in 
writing, or fails to disapprove the change in writing within 90 days of 
receipt of the change. The Precompliance plan shall include the 
information specified in paragraphs (e)(1) through (5) of this section.
    (1) Requests for approval to use alternative monitoring parameters 
or requests to set monitoring parameters according to Sec.  
63.1366(b)(4).
    (2) Descriptions of the daily or per batch demonstrations to verify 
that control devices subject to Sec.  63.1366(b)(1)(i) are operating as 
designed.
    (3) Data and rationale used to support the parametric monitoring 
level(s) that are set according to Sec.  63.1366(b)(3)(ii)(B).
    (4) For owners and operators complying with the requirements of 
Sec.  63.1362(g), the pollution prevention demonstration summary 
required in Sec.  63.1365(g)(1).
    (5) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions from process vents as required in Sec.  
63.1365(c)(2)(ii).
    (6) For fabric filters that are monitored with bag leak detectors, 
an operation and maintenance plan that describes proper operation and 
maintenance procedures, and a corrective action plan that describes 
corrective actions to be taken, and the timing of those actions, when 
the particulate matter concentration exceeds the setpoint and activates 
the alarm.
    (f) Notification of compliance status report. The Notification of 
Compliance Status report required under Sec.  63.9(h) shall be submitted 
no later than 150 calendar days after the compliance date and shall 
include the information specified in paragraphs (f)(1) through (7) of 
this section.
    (1) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from the affected source.
    (2) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, or calculations used to 
demonstrate compliance. For performance tests, results should include 
descriptions of sampling and analysis procedures and quality assurance 
procedures.
    (3) Descriptions of monitoring devices, monitoring frequencies, and 
the values of monitored parameters established during the initial 
compliance determinations, including data and calculations to support 
the levels established.
    (4) Operating scenarios.
    (5) Descriptions of absolute or hypothetical peak-case operating 
and/or testing conditions for control devices.
    (6) Identification of emission points subject to overlapping 
requirements described in Sec.  63.1360(i) and the authority under which 
the owner or operator will comply, and identification of emission 
sources discharging to devices described by Sec.  63.1362(l).
    (7) Anticipated periods of planned routine maintenance during which 
the owner or operator would not be in compliance with the provisions in 
Sec.  63.1362(c)(1) through (4).
    (8) Percentage of total production from a PAI process unit that is 
anticipated to be produced for use as a PAI in the 3 years after either 
June 23, 1999 or startup, whichever is later.
    (9) Records of the initial process units used to create each process 
unit group, if applicable.
    (g) Periodic reports. The owner or operator shall prepare Periodic 
reports in accordance with paragraphs (g)(1) and (2) of this section and 
submit them to the Administrator.

[[Page 526]]

    (1) Submittal schedule. Except as provided in paragraphs (g)(1)(i) 
and (ii) of this section, the owner or operator shall submit Periodic 
reports semiannually. 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. Each subsequent 
Periodic report shall cover the 6-month period following the preceding 
period and shall be submitted no later than 60 days after the end of the 
applicable period.
    (i) The Administrator may determine on a case-by-case basis that 
more frequent reporting is necessary to accurately assess the compliance 
status of the affected source.
    (ii) Quarterly reports shall be submitted when the monitoring data 
are used to comply with the alternative standards in Sec.  63.1362(b)(6) 
or (c)(4) and the source experiences excess emissions. Once an affected 
source reports excess emissions, the affected source shall follow a 
quarterly reporting format until a request to reduce reporting frequency 
is approved. If an owner or operator submits a request to reduce the 
frequency of reporting, the provisions in Sec.  63.10(e)(3) (ii) and 
(iii) of subpart A of this part shall apply, except that the term 
``excess emissions and continuous monitoring system performance report 
and/or summary report'' shall mean ``Periodic report'' for the purposes 
of this section.
    (2) Content of periodic report. The owner or operator shall include 
the information in paragraphs (g)(2)(i) through (xii) of this section, 
as applicable.
    (i) Each Periodic report must include the information in Sec.  
63.10(e)(3)(vi)(A) through (M) of subpart A of this part, as applicable.
    (ii) If the total duration of excess emissions, parameter 
exceedances, or excursions for the reporting period is 1 percent or 
greater of the total operating time for the reporting period, or the 
total continuous monitoring system downtime for the reporting period is 
5 percent or greater of the total operating time for the reporting 
period, the Periodic report must include the information in paragraphs 
(g)(2)(ii)(A) through (D) of this section.
    (A) Monitoring data, including 15-minute monitoring values as well 
as daily average values of monitored parameters, for all operating days 
when the average values were outside the ranges established in the 
Notification of Compliance Status report or operating permit.
    (B) Duration of excursions, as defined in Sec.  63.1366(b)(7).
    (C) Operating logs and operating scenarios for all operating days 
when the values are outside the levels established in the Notification 
of Compliance Status report or operating permit.
    (D) When a continuous monitoring system is used, the information 
required in Sec.  63.10(c)(5) through (13) of subpart A of this part.
    (iii) For each vapor collection system or closed vent system with a 
bypass line subject to Sec.  63.1362(j)(1), records required under Sec.  
63.1366(f) of all periods when the vent stream is diverted from the 
control device through a bypass line. For each vapor collection system 
or closed vent system with a bypass line subject to Sec.  63.1362(j)(2), 
records required under Sec.  63.1366(f) 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.
    (iv) The information in paragraphs (g)(2)(iv)(A) through (D) of this 
section shall be stated in the Periodic report, when applicable.
    (A) No excess emissions.
    (B) No exceedances of a parameter.
    (C) No excursions.
    (D) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (v) For each storage vessel subject to control requirements:
    (A) Actual periods of planned routine maintenance during the 
reporting period in which the control device does not meet the 
specifications of Sec.  63.1362(c)(5); and
    (B) Anticipated periods of planned routine maintenance for the next 
reporting period.
    (vi) For each PAI process unit that does not meet the definition of 
primary use, the percentage of the production

[[Page 527]]

in the reporting period produced for use as a PAI.
    (viii) Updates to the corrective action plan.
    (ix) Records of process units added to each process unit group, if 
applicable.
    (x) Records of redetermination of the primary product for a process 
unit group.
    (xi) For each inspection conducted in accordance with Sec.  
63.1366(h)(2) or (3) during which a leak is detected, the records 
specify in Sec.  63.1367(h)(4) must be included in the next Periodic 
report.
    (xii) If the owner or operator elects to comply with the provisions 
of Sec.  63.1362(c) by installing a floating roof, the owner or operator 
shall submit the information specified in Sec.  63.122(d) through (f) as 
applicable. References to Sec.  63.152 in Sec.  63.122 shall not apply 
for the purposes of this subpart.
    (h) Notification of process change. (1) Except as specified in 
paragraph (h)(2) of this section, whenever a process change is made, or 
any of the information submitted in the Notification of Compliance 
Status report changes, the owner or operator shall submit the 
information specified in paragraphs (h)(1)(i) through (iv) of this 
section with the next Periodic report required under paragraph (g) of 
this section. For the purposes of this section, a process change means 
the startup of a new process, as defined in Sec.  63.1361.
    (i) A brief description of the process change;
    (ii) A description of any modifications to standard procedures or 
quality assurance procedures;
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status report under paragraph (f) of this 
section; and
    (iv) Information required by the Notification of Compliance Status 
report under paragraph (f) of this section for changes involving the 
addition of processes or equipment.
    (2) The owner or operator must submit a report 60 days before the 
scheduled implementation date of either of the following:
    (i) Any change in the activity covered by the Precompliance report.
    (ii) A change in the status of a control device from small to large.
    (i) 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.
    (j) Reports of equipment leaks. The owner or operator of an affected 
source subject to the standards in Sec.  63.1363, shall implement the 
reporting requirements specified in Sec.  63.1363(h). Copies of all 
reports shall be retained as records for a period of 5 years, in 
accordance with the requirements of Sec.  63.10(b)(1) of subpart A of 
this part.
    (k) Reports of emissions averaging. The owner or operator of an 
affected source that chooses to comply with the requirements of Sec.  
63.1362(h) shall submit all information as specified in Sec.  63.1367(d) 
for all emission points included in the emissions average. The owner or 
operator shall also submit to the Administrator all information 
specified in paragraph (g) of this section for each emission point 
included in the emissions average.
    (1) The reports shall also include the information listed in 
paragraphs (k)(1)(i) through (iv) of this section:
    (i) Any changes to the processes, storage tanks, or waste management 
unit included in the average.
    (ii) The calculation of the debits and credits for the reporting 
period.
    (iii) Changes to the Emissions Averaging Plan which affect the 
calculation methodology of uncontrolled or controlled emissions or the 
hazard or risk equivalency determination.
    (iv) Any changes to the parameters monitored according to Sec.  
63.1366(g).
    (2) Every second semiannual or fourth quarterly report, as 
appropriate, shall include the results according to Sec.  63.1367(d)(4) 
to demonstrate the emissions averaging provisions of Sec. Sec.  
63.1362(h), 63.1365(h), 63.1366(g), and 63.1367(d) are satisfied.
    (l) Reports of heat exchange systems. The owner or operator of an 
affected source subject to the requirements for

[[Page 528]]

heat exchange systems in Sec.  63.1362(f) shall submit information about 
any delay of repairs as specified in Sec.  63.104(f)(2) of subpart F of 
this part, except that when the phrase ``periodic reports required by 
Sec.  63.152(c) of subpart G of this part'' is referred to in Sec.  
63.104(f)(2) of subpart F of this part, the periodic reports required in 
paragraph (g) of this section shall apply for the purposes of this 
subpart.
    (m) Notification of performance test and test Plan. The owner or 
operator of an affected source shall notify the Administrator of the 
planned date of a performance test at least 60 days before the test in 
accordance with Sec.  63.7(b) of subpart A of this part. The owner or 
operator also must submit the test Plan required by Sec.  63.7(c) of 
subpart A of this part and the emission profile required by Sec.  
63.1365(b)(11)(iii) with the notification of the performance test.
    (n) Request for extension of compliance. The owner or operator may 
submit to the Administrator a request for an extension of compliance in 
accordance with Sec.  63.1364(a)(2).
    (o) The owner or operator who submits an operating permit 
application before the date the Emissions Averaging Plan is due shall 
submit the information specified in paragraphs (o)(1) through (3) of 
this section with the operating permit application instead of the 
Emissions Averaging Plan.
    (1) The information specified in Sec.  63.1367(d) for emission 
points included in the emissions average;
    (2) The information specified in Sec.  63.9(h) of subpart A of this 
part, as applicable; and
    (3) The information specified in paragraph (e) of this section, as 
applicable.
    (p) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2), the owner 
or operator must submit the results of the performance tests, including 
any associated fuel analyses, required by this subpart according to the 
methods specified in paragraphs (p)(1) or (2) of this section.
    (1) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of the 
performance test to the EPA by direct computer-to-computer electronic 
transfer via EPA-provided software, unless otherwise approved by the 
Administrator. Owners or operators, who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI), must submit a complete file using EPA-
provided software that includes information claimed to be CBI on a 
compact disk, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic media must be clearly marked as CBI and 
mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA by direct 
computer-to-computer electronic transfer via EPA-provided software.
    (2) 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.

[64 FR 33589, June 23, 1999, as amended at 66 FR 58396, Nov. 21, 2001; 
67 FR 59354, Sept. 20, 2002; 79 FR 17375, Mar. 27, 2014]



Sec.  63.1369  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

[[Page 529]]

agencies are as specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1360 and 63.1362 through 63.1364. Where these standards reference 
another subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also occur according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37358, June 23, 2003]



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

----------------------------------------------------------------------------------------------------------------
       Reference to subpart A          Applies to subpart MMM                      Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)...................  Yes.....................  Additional terms are defined in Sec.   63.1361.
Sec.   63.1(a)(2)-(3)...............  Yes
Sec.   63.1(a)(4)...................  Yes.....................  Subpart MMM (this table) specifies applicability
                                                                 of each paragraph in subpart A to subpart MMM.
Sec.   63.1(a)(5)...................  N/A.....................  Reserved.
Sec.   63.1(a)(6)-(7)...............  Yes
Sec.   63.1(a)(8)...................  No......................  Discusses State programs.
Sec.   63.1(a)(9)...................  N/A.....................  Reserved.
Sec.   63.1(a)(10)-(14).............  Yes
Sec.   63.1(b)(1)...................  No......................  Sec.   63.1360 specifies applicability.
Sec.   63.1(b)(2)-(3)...............  Yes
Sec.   63.1(c)(1)...................  Yes.....................  Subpart MMM (this table) specifies the
                                                                 applicability of each paragraph in subpart A to
                                                                 sources subject to subpart MMM.
Sec.   63.1(c)(2)...................  No......................  Area sources are not subject to subpart MMM.
Sec.   63.1(c)(3)...................  N/A.....................  Reserved.
Sec.   63.1(c)(4)-(5)...............  Yes
Sec.   63.1(c)(6)...................  Yes.....................
Sec.   63.1(d)......................  N/A.....................  Reserved.
Sec.   63.1(e)......................  Yes
Sec.   63.2.........................  Yes.....................  Additional terms are defined in Sec.   63.1361;
                                                                 when overlap between subparts A and MMM occurs,
                                                                 subpart MMM takes precedence.
Sec.   63.3.........................  Yes.....................  Other units used in subpart MMM are defined in
                                                                 that subpart.
Sec.   63.4(a)(1)-(3)...............  Yes
Sec.   63.4(a)(4)...................  N/A.....................  Reserved.
Sec.   63.4(a)(5)-(c)...............  Yes
Sec.   63.5(a)......................  Yes.....................  Except the term ``affected source'' shall apply
                                                                 instead of the terms ``source'' and
                                                                 ``stationary source'' in Sec.   63.5(a)(1) of
                                                                 subpart A.
Sec.   63.5(b)(1)...................  Yes
Sec.   63.5(b)(2)...................  N/A.....................  Reserved.
Sec.   63.5(b)(3)-(5)...............  Yes
Sec.   63.5(b)(6)...................  No......................  Sec.   63.1360(g) specifies requirements for
                                                                 determining applicability of added PAI
                                                                 equipment.
Sec.   63.5(c)......................  N/A.....................  Reserved.
Sec.   63.5(d)-(e)..................  Yes
Sec.   63.5(f)(1)...................  Yes.....................  Except ``affected source'' shall apply instead
                                                                 of ``source'' in Sec.   63.5(f)(1) of subpart
                                                                 A.
Sec.   63.5(f)(2)...................  Yes
Sec.   63.6(a)......................  Yes
Sec.   63.6(b)(1)-(2)...............  No......................  Sec.   63.1364 specifies compliance dates.
Sec.   63.6(b)(3)-(4)...............  Yes
Sec.   63.6(b)(5)...................  Yes.....................
Sec.   63.6(b)(6)...................  N/A.....................  Reserved.
Sec.   63.6(b)(7)...................  Yes
Sec.   63.6(c)(1)-(2)...............  Yes.....................  Except ``affected source'' shall apply instead
                                                                 of ``source'' in Sec.   63.6(c)(1)-(2) of
                                                                 subpart A.
Sec.   63.6(c)(3)-(4)...............  N/A.....................  Reserved.
Sec.   63.6(c)(5)...................  Yes
Sec.   63.6(d)......................  N/A.....................  Reserved.
Sec.   63.6(e)(1)(i)................  No......................  See Sec.   63.1360(e)(4) for general duty
                                                                 requirement.

[[Page 530]]

 
Sec.   63.6(e)(1)(ii)                 No
Sec.   63.6(e)(1)(iii)                Yes
Sec.   63.6(e)(3)                     No
Sec.   63.6(f)(1)                     No
Sec.   63.6(f)(2)-(3)                 Yes
Sec.   63.6(g)......................  Yes.....................  An alternative standard has been proposed;
                                                                 however, affected sources will have the
                                                                 opportunity to demonstrate other alternatives
                                                                 to the Administrator.
Sec.   63.6(h)......................  No......................  Subpart MMM does not contain any opacity or
                                                                 visible emissions standards.
Sec.   63.6(i)(1)...................  Yes
Sec.   63.6(i)(2)...................  Yes.....................  Except ``affected source'' shall apply instead
                                                                 of ``source'' in Sec.   63.6(i)(2)(i) and (ii)
                                                                 of subpart A.
Sec.   63.6(i)(3)-(14)..............  Yes
Sec.   63.6(i)(15)..................  N/A.....................  Reserved.
Sec.   63.6(i)(16)..................  Yes
Sec.   63.6(j)......................  Yes
Sec.   63.7(a)(1)...................  Yes
Sec.   63.7(a)(2)(i)-(vi)...........  Yes.....................  Sec.   63.1368 specifies that test results must
                                                                 be submitted in the Notification of Compliance
                                                                 Status due 150 days after the compliance date.
Sec.   63.7(a)(2)(vii)-(viii).......  N/A.....................  Reserved.
Sec.   63.7(a)(2)(ix)-(c)...........  Yes
Sec.   63.7(d)......................  Yes.....................  Except ``affected source'' shall apply instead
                                                                 of ``source'' in Sec.   63.7(d) of subpart A.
Sec.   63.7(e)(1)...................  No......................  See Sec.   63.1365(b).
Sec.   63.7(e)(2)...................  Yes
Sec.   63.7(e)(3)...................  Yes.....................  Except Sec.   63.1365 specifies less than 3 runs
                                                                 for certain tests.
Sec.   63.7(e)(4)...................  Yes.
Sec.   63.7(f)......................  Yes
Sec.   63.7(g)(1)...................  Yes.....................  Except Sec.   63.1368(a) specifies that the
                                                                 results of the performance test be submitted
                                                                 with the Notification of Compliance Status
                                                                 report
Sec.   63.7(g)(2)...................  N/A.....................  Reserved.
Sec.   63.7(g)(3)...................  Yes
Sec.   63.7(h)......................  Yes
Sec.   63.8(a)(1)-(2)...............  Yes
Sec.   63.8(a)(3)...................  N/A.....................  Reserved.
Sec.   63.8(a)(4)...................  Yes
Sec.   63.8(b)(1)...................  Yes
Sec.   63.8(b)(2)...................  No......................  Sec.   63.1366 specifies CMS requirements.
Sec.   63.8(b)(3)                     Yes
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)-(3)                 Yes
Sec.   63.8(c)(4)...................  No......................  Sec.   63.1366 specifies monitoring frequencies.
Sec.   63.8(c)(5)-(8)...............  No
Sec.   63.8(d)-(f)(3)...............  Yes.....................  Except the last sentence of Sec.   63.8(d)(3),
                                                                 which shall be replaced with ``The program of
                                                                 corrective action should be included in the
                                                                 plan required under Sec.   63.8(d)(2).'' for
                                                                 the purposes of this subpart.
Sec.   63.8(f)(4)...................  Yes.....................  Except Sec.   63.1368(b) specifies that requests
                                                                 may also be included in the Precompliance
                                                                 report.
Sec.   63.8(f)(5)...................  Yes
Sec.   63.8(f)(6)...................  No......................  Subpart MMM does not require CEM's.
Sec.   63.8(g)......................  No......................  Sec.   63.1366 specifies data reduction
                                                                 procedures.
Sec.   63.9(a)-(d)..................  Yes
Sec.   63.9(e)......................  No
Sec.   63.9(f)......................  No......................  Subpart MMM does not contain opacity and visible
                                                                 emission standards.
Sec.   63.9(g)......................  No
Sec.   63.9(h)(1)...................  Yes
Sec.   63.9(h)(2)(i)................  Yes.....................  Except Sec.   63.1368(a)(1) specifies additional
                                                                 information to include in the Notification of
                                                                 Compliance Status report.
Sec.   63.9(h)(2)(ii)...............  No......................  Sec.   63.1368 specifies the Notification of
                                                                 Compliance Status report is to be submitted
                                                                 within 150 days after the compliance date.
Sec.   63.9(h)(3)...................  Yes
Sec.   63.9(h)(4)...................  N/A.....................  Reserved.
Sec.   63.9(h)(5)-(6)...............  Yes
63.9(i).............................  Yes.
Sec.   63.9(j)......................  Yes.....................  For change in major source status only, Sec.
                                                                 63.1368(h) specifies procedures for other
                                                                 notification of changes.
Sec.   63.9(k)......................  Yes.....................  Only as specified in Sec.   63.9(j).
Sec.   63.10(a)-(b)(1)..............  Yes
Sec.   63.10(b)(2)..................  No......................  Sec.   63.1367 specifies recordkeeping
                                                                 requirements.
Sec.   63.10(b)(3)..................  Yes
Sec.   63.10(c)(1)-(14)               Yes
Sec.   63.10(c)(15)                   No

[[Page 531]]

 
Sec.   63.10(d)(1)..................  Yes
Sec.   63.10(d)(2)..................  Yes
Sec.   63.10(d)(3)..................  No......................  Subpart MMM does not include opacity and visible
                                                                 emission standards.
Sec.   63.10(d)(4)..................  Yes
Sec.   63.10(d)(5)..................  No......................  See Sec.   63.1368(i) for malfunction reporting
                                                                 requirements.
Sec.   63.10(e)(1)-(2)(i)...........  Yes
Sec.   63.10(e)(2)(ii)..............  No......................  Subpart MMM does not include opacity monitoring
                                                                 requirements.
Sec.   63.10(e)(3)..................  Yes
Sec.   63.10(e)(4)..................  No......................  Subpart MMM does not include opacity monitoring
                                                                 requirements.
Sec.   63.10(f).....................  Yes
Sec.   63.11-Sec.   63.15...........  Yes.....................
----------------------------------------------------------------------------------------------------------------


[64 FR 33589, June 23, 1999, as amended at 67 FR 59355, Sept. 20, 2002; 
79 FR 17375, Mar. 27, 2014; 85 FR 73899, Nov. 19, 2020]



 Sec. Table 2 to Subpart MMM of Part 63--Standards for New and Existing 
                               PAI Sources

------------------------------------------------------------------------
      Emission source           Applicability           Requirement
------------------------------------------------------------------------
Process vents.............  Existing:
                             Processes having      90% for organic HAP
                             uncontrolled organic   per process or to
                             HAP emissions =0.15 Mg/yr.    of <=20 ppmv TOC.
                             Processes having      94% for HCl and
                             uncontrolled HCl and   chlorine per process
                             chlorine emissions     or to outlet HCl and
                             =6.8 Mg/    chlorine
                             yr.                    concentration of
                                                    <=20 ppmv.
                             Individual process    98% gaseous organic
                             vents meeting flow     HAP control per vent
                             and mass emissions     or <=20 ppmv TOC
                             criteria that have     outlet limit.
                             gaseous organic HAP
                             emissions controlled
                             to less than 90% on
                             or after November
                             10, 1997.
                            New:
                             Processes having      98% for organic HAP
                             uncontrolled organic   per process or <=20
                             HAP emissions =0.15 Mg/yr.
                             Processes having      94% for HCl and
                             uncontrolled HCl and   chlorine per process
                             chlorine emissions     or to outlet
                             =6.8 Mg/    concentration of
                             yr and <191 Mg/yr.     <=20 ppmv HCl and
                                                    chlorine.
                            Processes having       99% for HCl and
                             uncontrolled HCl and   chlorine per process
                             chlorine emissions     or to outlet
                             =191 Mg/    concentration of
                             yr.                    <=20 ppmv HCl and
                                                    chlorine.
Storage vessels...........  Existing: =75 m\3\ capacity   roof, reduce HAP by
                             and vapor pressure     95% per vessel, or
                             =3.45 kPa.  to outlet
                                                    concentration of
                                                    <=20 ppmv TOC.
                            New: =38    Same as for existing
                             m\3\ capacity and      sources.
                             vapor pressure =16.5 kPa.
                            =75 m\3\    Same as for existing
                             capacity and vapor     sources.
                             pressure =3.45 kPa.
Wastewater \a\............  Existing: Process      Reduce concentration
                             wastewater with =10,000 ppmw    compounds to <50
                             Table 9 compounds at   ppmw (or other
                             any flowrate or =1,000 ppmw
                             Table 9 compounds at
                             =10 L/
                             min, and maintenance
                             wastewater with HAP
                             load =5.3
                             Mg per discharge
                             event.
                            New:
                             Same criteria as for  Reduce concentration
                             existing sources.      of total Table 9
                                                    compounds to <50
                                                    ppmw (or other
                                                    options).
                             Total HAP load in     99% reduction of
                             wastewater POD         Table 9 compounds
                             streams =2,100 Mg/yr..
Equipment leaks...........  Subpart H............  Subpart H with minor
                                                    changes, including
                                                    monitoring
                                                    frequencies
                                                    consistent with the
                                                    proposed CAR.
Product dryers and bag      Dryers used to dry     Particulate matter
 dumps.                      PAI that is also a     concentration not to
                             HAP, and bag dumps     exceed 0.01 gr/dscf.
                             used to introduce
                             feedstock that is a
                             solid and a HAP.
Heat exchange systems.....  Each heat exchange     Monitoring and leak
                             system used to cool    repair program as in
                             process equipment in   HON.
                             PAI manufacturing
                             operations.
------------------------------------------------------------------------
\a\ Table 9 is listed in the appendix to subpart G of 40 CFR part 63.


[[Page 532]]



  Sec. Table 3 to Subpart MMM of Part 63--Monitoring Requirements for 
                           Control Devices \a\

----------------------------------------------------------------------------------------------------------------
                                         Monitoring equipment       Parameters to be
            Control device                     required                monitored                Frequency
----------------------------------------------------------------------------------------------------------------
All control devices..................  1. Flow indicator        1. Presence of flow      Hourly records of
                                        installed at all         diverted from the        whether the flow
                                        bypass lines to the      control device to the    indicator was
                                        atmosphere and           atmosphere or.           operating and whether
                                        equipped with                                     a diversion was
                                        continuous recorder or.                           detected at any time
                                                                                          during each hour.
                                       2. Valves sealed closed  2. Monthly inspections   Monthly.
                                        with car-seal or lock-   of sealed valves.
                                        and-key configuration.
Scrubber.............................  Liquid flow rate or      1. Liquid flow rate      1. Every 15 minutes.
                                        pressure drop mounting   into or out of the
                                        device. Also a pH        scrubber or the
                                        monitor if the           pressure drop across
                                        scrubber is used to      the scrubber..
                                        control acid
                                        emissions..
                                                                2. pH of effluent        2. Once a day.
                                                                 scrubber liquid.
Thermal incinerator..................  Temperature monitoring   Firebox temperature....  Every 15 minutes.
                                        device installed in
                                        firebox or in ductwork
                                        immediately downstream
                                        of firebox \b\.
Catalytic incinerator................  Temperature monitoring   Temperature difference   Every 15 minutes.
                                        device installed in      across catalyst bed.
                                        gas stream immediately
                                        before and after
                                        catalyst bed.
Flare................................  Heat sensing device      Presence of a flame at   Every 15 minutes.
                                        installed at the pilot   the pilot light.
                                        light.
Boiler or process heater <44           Temperature monitoring   Combustion temperature.  Every 15 minutes.
 megawatts and vent stream is not       device installed in
 mixed with the primary fuel.           firebox \b\.
Condenser............................  Temperature monitoring   Condenser exit (product  Every 15 minutes.
                                        device installed at      side) temperature.
                                        condenser exit.
Carbon adsorber (nonregenerative)....  None...................  Operating time since     N/A.
                                                                 last replacement.
Carbon adsorber (regenerative).......  Stream flow monitoring   1. Total regeneration    1. For each
                                        device, and.             stream mass or           regeneration cycle,
                                                                 volumetric flow during   record the total
                                                                 carbon bed               regeneration stream
                                                                 regeneration cycle(s).   mass or volumetric
                                                                                          flow.
                                       Carbon bed temperature   2. Temperature of        2. For each
                                        monitoring device.       carbon bed after         regeneration cycle,
                                                                 regeneration.            record the maximum
                                                                                          carbon bed-
                                                                                          temperature.
                                                                3. Temperature of        3. Within 15 minutes of
                                                                 carbon bed within 15     completing any cooling
                                                                 minutes of completing    cycle, record the
                                                                 any cooling cycle(s).    carbon bed
                                                                                          temperature.
                                                                4. Operating time since  4. Operating time to be
                                                                 end of last              based on worst-case
                                                                 regeneration.            conditions.
                                                                5. Check for bed         5. Yearly.
                                                                 poisoning.
----------------------------------------------------------------------------------------------------------------
\a\ As an alternative to the monitoring requirements specified in this table, the owner or operator may use a
  CEM meeting the requirements of Performance Specifications 8 or 9 of appendix B of part 60 to monitor TOC
  every 15 minutes.
\b\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.



 Sec. Table 4 to Subpart MMM of Part 63--Control Requirements for Items 
         of Equipment That Meet the Criteria of Sec.  63.1362(k)

------------------------------------------------------------------------
          Item of equipment                 Control requirement \a\
------------------------------------------------------------------------
1. Drain or drain hub................  (a) Tightly fitting solid cover
                                        (TFSC); or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) Water seal with submerged
                                        discharge or barrier to protect
                                        discharge from wind.
2. Manhole\b\........................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the item is vented to the
                                        atmosphere, use a TFSC with a
                                        properly operating water seal at
                                        the entrance or exit to the item
                                        to restrict ventilation in the
                                        collection system. The vent pipe
                                        shall be at least 90 cm in
                                        length and not exceeding 10.2 cm
                                        in nominal inside diameter.

[[Page 533]]

 
3. Lift station......................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the lift station is vented
                                        to the atmosphere, use a TFSC
                                        with a properly operating water
                                        seal at the entrance or exit to
                                        the item to restrict ventilation
                                        in the collection system. The
                                        vent pipe shall be at least 90
                                        cm in length and not exceeding
                                        10.2 cm in nominal inside
                                        diameter. The lift station shall
                                        be level controlled to minimize
                                        changes in the liquid level.
4. Trench............................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the item is vented to the
                                        atmosphere, use a TFSC with a
                                        properly operating water seal at
                                        the entrance or exit to the item
                                        to restrict ventilation in the
                                        collection system. The vent pipe
                                        shall be at least 90 cm in
                                        length and not exceeding 10.2 cm
                                        in nominal inside diameter.
5. Pipe..............................  Each pipe shall have no visible
                                        gaps in joints, seals, or other
                                        emission interfaces.
6. Oil/water separator...............  (a) Equip with a fixed roof and
                                        route vapors to a process, or
                                        equip with a closed-vent system
                                        that routes vapors to a control
                                        device meeting the requirements
                                        of Sec.   63.139(c); or
                                       (b) Equip with a floating roof
                                        that meets the equipment
                                        specifications of Sec.   60.693
                                        (a)(1)(i), (a)(1)(ii), (a)(2),
                                        (a)(3), and (a)(4).
7. Tank..............................  Maintain a fixed roof and
                                        consider vents as process
                                        vents.\c\
------------------------------------------------------------------------
\a\ Where a tightly fitting solid cover is required, it shall be
  maintained with no visible gaps or openings, except during periods of
  sampling, inspection, or maintenance.
\b\ Manhole includes sumps and other points of access to a conveyance
  system.
\c\ A fixed roof may have openings necessary for proper venting of the
  tank, such as pressure/vacuum vent, j-pipe vent.


[67 FR 59355, Sept. 20, 2002]



Subpart NNN_National Emission Standards for Hazardous Air Pollutants for 
                      Wool Fiberglass Manufacturing

    Source: 64 FR 31709, June 14, 1999, unless otherwise noted.



Sec.  63.1380  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the requirements of this subpart apply to the owner or operator of each 
wool fiberglass manufacturing facility that is a major source or is 
located at a facility that is a major source.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAPs), as measured according to the methods and 
procedures in this subpart, emitted from the following new and existing 
sources at a wool fiberglass manufacturing facility subject to this 
subpart:
    (1) Each new and existing glass-melting furnace located at a wool 
fiberglass manufacturing facility;
    (2) Each new and existing rotary spin wool fiberglass manufacturing 
line producing a bonded wool fiberglass building insulation product; and
    (3) Each new and existing flame attenuation wool fiberglass 
manufacturing line producing a bonded product.
    (c) The requirements of this subpart do not apply to a wool 
fiberglass manufacturing facility that the owner or operator 
demonstrates to the Administrator is not a major source as defined in 
Sec.  63.2.
    (d) The provisions of this part 63, subpart A that apply and those 
that do not apply to this subpart are specified in Table 1 of this 
subpart.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015]



Sec.  63.1381  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, or in this section as follows:
    Aerospace and air filtration products means bonded wool fiberglass 
insulation manufactured for the thermal and acoustical insulation of 
aircraft and/or the air filtration markets. For the purposes of this 
subpart, a production line that manufactures these types of products for 
75 percent or more of the line's annual operating hours is considered to 
be an aerospace and air filtration products line.
    Bag leak detection system means systems that include, but are not 
limited

[[Page 534]]

to, devices using triboelectric, light scattering, and other effects to 
monitor relative or absolute particulate matter (PM) emissions.
    Bonded means wool fiberglass to which a phenol-formaldehyde binder 
has been applied.
    Building insulation means bonded wool fiberglass insulation, having 
a loss on ignition of less than 8 percent and a density of less than 32 
kilograms per cubic meter (kg/m\3\) (2 pounds per cubic foot [lb/
ft\3\]).
    Cold top electric furnace means an all-electric glass-melting 
furnace that operates with a temperature of 120 [deg]C (250 [deg]F) or 
less as measured at a location 46 to 61 centimeters (18 to 24 inches) 
above the molten glass surface.
    Flame attenuation means a process used to produce wool fiberglass 
where molten glass flows by gravity from melting furnaces, or pots, to 
form filaments that are drawn down and attenuated by passing in front of 
a high-velocity gas burner flame.
    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 furnaces as 
defined in this subpart are not gas-fired glass-melting furnaces.
    Glass-melting furnace means a unit comprising a refractory vessel in 
which raw materials are charged, melted at high temperature, refined, 
and conditioned to produce molten glass. The unit includes foundations, 
superstructure and retaining walls, raw material charger systems, heat 
exchangers, melter cooling system, 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 glass-melting 
furnace.
    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.
    Hazardous Air Pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the Clean Air Act.
    Heating, ventilation, and air conditioning (HVAC) products means 
bonded wool fiberglass insulation manufactured for use in HVAC systems 
for the distribution of air or for thermal and acoustical insulation of 
HVAC distribution lines. For the purposes of this subpart, a production 
line that manufactures these types of products for 75 percent or more of 
the line's annual operating hours is considered to be an HVAC products 
line.
    Heavy-density product means bonded wool fiberglass insulation 
manufactured on a flame attenuation manufacturing line and having a loss 
on ignition of 11 to 25 percent and a density of 8 to 48 kg/m\3\ (0.5 to 
3 lb/ft \3\).
    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''.
    Loss on ignition (LOI) means the percent decrease in weight of wool 
fiberglass after it has been ignited. The LOI is used to monitor the 
weight percent of binder in wool fiberglass.
    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 that commences construction or 
reconstruction after March 31, 1997 for purposes of determining the 
applicability of the emission limits in rows 1, 2 and

[[Page 535]]

7 through 11 in Table 2. New source means any affected source that 
commences construction or reconstruction after November 25, 2011 for 
purposes of determining the applicability of all other emissions limits.
    Original equipment manufacturer (OEM) products means bonded wool 
fiberglass insulation manufactured for OEM entities that fabricate the 
insulation into parts used as thermal or acoustical insulation in 
products including, but not limited to, appliances, refrigeration units, 
and office interior equipment. For the purposes of this subpart, a 
production line that manufactures these types of products for 75 percent 
or more of the line's annual operating hours is considered to be an OEM 
products line.
    Pipe product means bonded wool fiberglass insulation manufactured on 
a flame attenuation manufacturing line and having a loss on ignition of 
8 to 14 percent and a density of 48 to 96 kg/m\3\ (3 to 6 lb/ft\3\). For 
the purposes of this subpart, a production line that manufactures these 
types of products for 75 percent or more of the line's annual operating 
hours is considered to be a pipe product line.
    Rotary spin means a process used to produce wool fiberglass building 
insulation by forcing molten glass through numerous small orifices in 
the side wall of a spinner to form continuous glass fibers that are then 
broken into discrete lengths by high-velocity air flow. Any process used 
to produce bonded wool fiberglass building insulation by a process other 
than flame attenuation is considered rotary spin.
    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 on a rotary spin manufacturing line or on 
a flame attenuation manufacturing line.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 
82 FR 60883, Dec. 26, 2017]



Sec.  63.1382  Emission standards.

    (a) You must control emissions from each glass-melting furnace, 
rotary spin manufacturing line, and flame attenuation manufacturing line 
as specified in Table 2 to this subpart.
    (b) On or after July 29, 2015 to reduce emissions of hydrogen 
chloride and hydrogen fluoride from each existing, new, or reconstructed 
glass-melting furnace, you must either:
    (1) Require cullet providers to provide records of their inspections 
showing that no glass from industrial (also known as continuous strand, 
or textile) fiberglass, cathode ray tubes (CRT), computer monitors that 
include CRT, and glass from microwave ovens, televisions or other 
electronics is included in the cullet; or
    (2) Sample your raw materials and maintain records of your sampling 
showing that the cullet is free of glass from industrial fiberglass, 
cathode ray tubes, computer monitors that include cathode ray tubes, and 
glass from microwave ovens, televisions or other electronics.
    (c) Operating limits. On and after the date on which the performance 
test required to be conducted by Sec. Sec.  63.7 and 63.1384 is 
completed, the owner or operator must operate all affected control 
equipment and processes according to the following requirements.
    (1)(i) The owner or operator must initiate corrective action within 
1 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) The owner or operator must implement a Quality Improvement Plan 
(QIP) 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) The owner or operator must initiate corrective action within 
1 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.  63.1384 and complete 
corrective actions in a timely manner according to the procedures in the 
operations, maintenance, and monitoring plan.

[[Page 536]]

    (ii) The owner or operator must implement a QIP 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.  63.1384 for more than 
5 percent of the total operating time in a 6-month block reporting 
period.
    (iii) The owner or operator 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.  63.1384 for more than 10 
percent of the total operating time in a 6-month block reporting period.
    (3)(i) The owner or operator must initiate corrective action within 
1 hour when any 3-hour block average temperature of a cold top electric 
furnace as measured at a location 46 to 61 centimeters (18 to 24 inches) 
above the molten glass surface, exceeds 120 [deg]C (250 [deg]F) and 
complete corrective actions in a timely manner according to the 
procedures in the operations, maintenance, and monitoring plan.
    (ii) The owner or operator of a cold top electric furnace must 
implement a QIP consistent with the compliance assurance monitoring 
provisions of 40 CFR part 64, subpart D when the temperature, as 
measured at a location 46 to 61 centimeters (18 to 24 inches) above the 
molten glass surface, exceeds 120 [deg]C (250 [deg]F) for more than 5 
percent of the total operating time in a 6-month block reporting period.
    (iii) The owner or operator must operate the cold top electric 
furnace such that the temperature does not exceed 120 [deg]C (250 
[deg]F) as measured at a location 46 to 61 centimeters (18 to 24 inches) 
above the molten glass surface, for more than 10 percent of the total 
operating time in a 6-month reporting period.
    (4)(i) The owner or operator must initiate corrective action within 
1 hour when any 3-hour block average value for the monitored 
parameter(s) for a glass-melting furnace, which uses no add-on controls 
and which is not a cold top electric furnace, is outside the limit(s) 
established during the performance test as specified in Sec.  63.1384 
and complete corrective actions in a timely manner according to the 
procedures in the operations, maintenance, and monitoring plan.
    (ii) The owner or operator must implement a QIP 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.  63.1384 for more than 
5 percent of the total operating time in a 6-month block reporting 
period.
    (iii) The owner or operator must operate a glass-melting furnace, 
which uses no add-on controls and which is not a cold top electric 
furnace, such that the monitored parameter(s) is not outside the 
limit(s) established during the performance test as specified in Sec.  
63.1384 for more than 10 percent of the total operating time in a 6-
month block reporting period.
    (5)(i) The owner or operator must initiate corrective action within 
1 hour when the average glass pull rate of any 4-hour block period for 
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.  63.1384, 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) The owner or operator must implement a QIP 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.  63.1384 for more than 5 percent of the total operating time in a 
6-month block reporting period.
    (iii) The owner or operator must operate each 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 performance test as 
specified in Sec.  63.1384 for more than 10 percent of the total 
operating time in a 6-month block reporting period.

[[Page 537]]

    (6) The owner or operator must operate each incinerator used to 
comply with the emission limits for rotary spin or flame attenuation 
lines specified in Table 2 to this subpart such that any 3-hour block 
average temperature in the firebox does not fall below the average 
established during the performance test as specified in Sec.  63.1384.
    (7)(i) The owner or operator must initiate corrective action within 
1 hour when the average pressure drop, liquid flow rate, or chemical 
feed rate for any 3-hour block period is outside the limits established 
during the performance tests as specified in Sec.  63.1384 for each wet 
scrubbing control device and complete corrective actions in a timely 
manner according to the procedures in the operations, maintenance, and 
monitoring plan.
    (ii) The owner or operator must implement a QIP 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.  63.1384 for more than 5 
percent of the total operating time in a 6-month block reporting period.
    (iii) The owner or operator must operate each scrubber such that 
each monitored parameter is not outside the limit(s) established during 
the performance test as specified in Sec.  63.1384 for more than 10 
percent of the total operating time in a 6-month block reporting period.
    (8)(i) The owner or operator must initiate corrective action within 
1 hour when the monitored process parameter level(s) is outside the 
limit(s) established during the performance test as specified in Sec.  
63.1384 for the process modification(s) used to comply with the emission 
limits for rotary spin or flame attenuation lines specified in Table 2 
to this subpart, and complete corrective actions in a timely manner 
according to the procedures in the operations, maintenance, and 
monitoring plan.
    (ii) The owner or operator must implement a QIP consistent with the 
compliance assurance monitoring provisions of 40 CFR part 64, subpart D 
when the process parameter(s) is outside the limit(s) established during 
the performance test as specified in Sec.  63.1384 for more than 5 
percent of the total operating time in a 6-month block reporting period.
    (iii) The owner or operator must operate the process modifications 
such that the monitored process parameter(s) is not outside the limit(s) 
established during the performance test as specified in Sec.  63.1384 
for more than 10 percent of the total operating time in a 6-month block 
reporting period.
    (9) The owner or operator must use a resin in the formulation of 
binder such that the free-formaldehyde and free-phenol contents of the 
resin used do not exceed the respective ranges contained in the 
specification for the resin used during the performance test as 
specified in Sec.  63.1384.
    (10) The owner or operator must use a binder formulation that does 
not vary from the specification and operating range established and used 
during the performance test as specified in Sec.  63.1384. For the 
purposes of this standard, adding or increasing the quantity of urea 
and/or lignin in the binder formulation does not constitute a change in 
the binder formulation.
    (11) The owner or operator must maintain the percentage of cullet in 
the materials mix for each gas-fired glass-melting furnace at or below 
the level established during the performance test as specified in Sec.  
63.1384(a)(4).

[64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 
82 FR 60884, Dec. 26, 2017]



Sec.  63.1383  Monitoring requirements.

    On and after the date on which the performance test required to be 
conducted by Sec. Sec.  63.7 and 63.1384 is completed, the owner or 
operator must monitor all affected control equipment and processes 
according to the following requirements.
    (a) The owner or operator of each wool fiberglass manufacturing 
facility must prepare for each glass-melting furnace, rotary spin 
manufacturing line, and flame attenuation manufacturing line subject to 
the provisions of this subpart, a written operations, maintenance, and 
monitoring plan. The plan must be submitted to the Administrator for 
review and approval as part of the application for a part 70 permit.

[[Page 538]]

The plan must include the following information:
    (1) Procedures for the proper operation and maintenance of process 
modifications and add-on control devices used to meet the emission 
limits in Sec.  63.1382;
    (2) Procedures for the proper operation and maintenance of 
monitoring devices used to determine compliance, including quarterly 
calibration and certification of accuracy of each monitoring device 
according to the manufacturers's instructions; and
    (3) Corrective actions to be taken when process parameters or add-on 
control device parameters deviate from the limit(s) established during 
initial performance tests.
    (b)(1) Where a baghouse is used to control PM emissions from a 
glass-melting furnace, the owner or operator shall install, calibrate, 
maintain, and continuously operate a bag leak detection system.
    (i) 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.
    (ii) The bag leak detection system sensor must produce output of 
relative PM emissions.
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative PM 
emissions over a preset level is detected and the alarm must be located 
such that it can be heard by the appropriate plant personnel.
    (iv) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
If a negative pressure or induced air baghouse is used, the bag leak 
detection system must be installed downstream of the baghouse. Where 
multiple bag leak detection systems are required (for either type of 
baghouse), the system instrumentation and alarm may be shared among the 
monitors.
    (v) A triboelectric bag leak detection system shall be installed, 
operated, adjusted, and maintained in a manner consistent with the U.S. 
Environmental Protection Agency guidance, ``Fabric Filter Bag Leak 
Detection Guidance'' (EPA-454/R-98-015, September 1997). Other bag leak 
detection systems shall be installed, operated, adjusted, and maintained 
in a manner consistent with the manufacturer's written specifications 
and recommendations.
    (vi) Initial adjustment of the system shall, at a minimum, consist 
of establishing the baseline output by adjusting the range and the 
averaging period of the device and establishing the alarm set points and 
the alarm delay time.
    (vii) Following the initial adjustment, the owner or operator shall 
not adjust the range, averaging period, alarm setpoints, or alarm delay 
time except as detailed in the approved operations, maintenance, and 
monitoring plan required under paragraph (a) of this section. In no 
event shall the range be increased by more than 100 percent or decreased 
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 that the baghouse has been inspected and found to be in 
good operating condition.
    (2) The operations, maintenance, and monitoring plan required by 
paragraph (a) of this section must specify corrective actions to be 
followed in the event of a bag leak detection system alarm. Example 
corrective actions that may be included in the plan include the 
following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other conditions that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (c)(1) Where an ESP is used to control PM emissions from a glass-
melting furnace, the owner or operator must

[[Page 539]]

monitor the ESP according to the procedures in the operations, 
maintenance, and monitoring plan. (2)The operations, maintenance, and 
monitoring plan for the ESP must contain the following information:
    (i) The ESP operating parameter(s), such as secondary voltage of 
each electrical field, to be monitored and the minimum and/or maximum 
value(s) that will be used to identify any operational problems;
    (ii) A schedule for monitoring the ESP operating parameter(s);
    (iii) Recordkeeping procedures, consistent with the recordkeeping 
requirements of Sec.  63.1386, to show that the ESP operating 
parameter(s) is within the limit(s) established during the performance 
test; and
    (iv) Procedures for the proper operation and maintenance of the ESP.
    (d) The owner or operator must measure and record at least once per 
shift the temperature 46 to 61 centimeters (18 to 24 inches) above the 
surface of the molten glass in a cold top electric furnace that does not 
use any add-on controls to control PM emissions.
    (e)(1) Where a glass-melting furnace is operated without an add-on 
control device to control PM emissions, the owner or operator must 
monitor the glass-melting furnace according to the procedures in the 
operations, maintenance, and monitoring plan.
    (2) The operations, maintenance, and monitoring plan for the glass-
melting furnace must contain the following information:
    (i) The operating parameter(s) to be monitored and the minimum and/
or maximum value(s) that will be used to identify any operational 
problems;
    (ii) A schedule for monitoring the operating parameter(s) of the 
glass-melting furnace;
    (iii) Recordkeeping procedures, consistent with the recordkeeping 
requirements of Sec.  63.1386, to show that the glass-melting furnace 
parameter(s) is within the limit(s) established during the performance 
test; and
    (iv) Procedures for the proper operation and maintenance of the 
glass-melting furnace.
    (f) If you use a control device to control HAP emissions from a 
glass-melting furnace, RS manufacturing line, or FA manufacturing line, 
you must install, calibrate, maintain, and operate a monitoring device 
that continuously measures an appropriate parameter for the control 
device. You must establish the value of that parameter during the 
performance test conducted to demonstrate compliance with the applicable 
emission limit as specified in Table 2 to this subpart.
    (g)(1) The owner or operator who uses an incinerator to comply with 
the emission limits for rotary spin or flame attenuation lines specified 
in Table 2 to this subpart must install, calibrate, maintain, and 
operate a monitoring device that continuously measures and records the 
operating temperature in the firebox of each incinerator.
    (2) The owner or operator must inspect each incinerator at least 
once per year according to the procedures in the operations, 
maintenance, and monitoring plan. At a minimum, an inspection must 
include the following:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation and clean pilot sensor, as necessary;
    (ii) Ensure proper adjustment of combustion air and adjust, as 
necessary;
    (iii) Inspect, when possible, internal structures, for example, 
baffles, to ensure structural integrity per the design specifications;
    (iv) Inspect dampers, fans, and blowers for proper operation;
    (v) Inspect for proper sealing;
    (vi) Inspect motors for proper operation;
    (vii) Inspect combustion chamber refractory lining and clean and 
repair/replace lining, as necessary;
    (viii) Inspect incinerator shell for corrosion and/or hot spots;
    (ix) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments; and
    (x) Generally observe that the equipment is maintained in good 
operating condition.
    (xi) Complete all necessary repairs as soon as practicable.
    (h) The owner or operator who uses a wet scrubbing control device to 
comply with the emission limits for rotary

[[Page 540]]

spin or flame attenuation lines specified in Table 2 to this subpart 
must install, calibrate, maintain, and operate monitoring devices that 
continuously monitor and record the gas pressure drop across each 
scrubber and the scrubbing liquid flow rate to each scrubber according 
to the procedures in the operations, maintenance, and monitoring plan. 
The pressure drop monitor must be certified by its manufacturer to be 
accurate within 250 pascals (1 inch water gauge) over its operating range, and the 
flow rate monitor must be certified by its manufacturer to be accurate 
within 5 percent over its operating range. The 
owner or operator must also continuously monitor and record the feed 
rate of any chemical(s) added to the scrubbing liquid.
    (i)(1) The owner or operator who uses process modifications to 
comply with the emission limits for rotary spin or flame attenuation 
lines specified in Table 2 to this subpart must establish a correlation 
between formaldehyde, methanol, and phenol emissions, as appropriate, 
and the process parameter(s) to be monitored.
    (2) The owner or operator must monitor the established parameter(s) 
according to the procedures in the operations, maintenance, and 
monitoring plan.
    (3) The owner or operator must include as part of their operations, 
maintenance, and monitoring plan the following information:
    (i) Procedures for the proper operation and maintenance of the 
process;
    (ii) Process parameter(s) to be monitored to demonstrate compliance 
with the applicable emission limits in Sec.  63.1382. Examples of 
process parameters include LOI, binder solids content, and binder 
application rate;
    (iii) Correlation(s) between process parameter(s) to be monitored 
and formaldehyde emissions;
    (iv) A schedule for monitoring the process parameter(s); and
    (v) Recordkeeping procedures, consistent with the recordkeeping 
requirements of Sec.  63.1386, to show that the process parameter 
value(s) established during the performance test is not exceeded.
    (j) The owner or operator must monitor and record the free-
formaldehyde and free-phenol content of each resin shipment received and 
of each resin used in the formulation of binder.
    (k) The owner or operator must monitor and record the formulation of 
each batch of binder used.
    (l) The owner or operator must monitor and record at least once 
every 8 hours, the product LOI and product density of each bonded wool 
fiberglass product manufactured.
    (m) For all control device and process operating parameters measured 
during the initial performance tests, including the materials mix used 
in the test, you may change the limits established during the initial 
performance tests if you conduct additional performance testing to 
verify that, at the new control device or process parameter levels, you 
comply with the applicable emission limits specified in Table 2 to this 
subpart. You must conduct all additional performance tests according to 
the procedures in this part 63, subpart A and in Sec.  63.1384.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 
82 FR 60884, Dec. 26, 2017]



Sec.  63.1384  Performance test requirements.

    (a) The owner or operator subject to the provisions of this subpart 
shall conduct a performance test to demonstrate compliance with the 
applicable emission limits in Sec.  63.1382. Compliance is demonstrated 
when the emission rate of the pollutant is equal to or less than each of 
the applicable emission limits in Sec.  63.1382. The owner or operator 
shall conduct the performance test according to the procedures in 40 CFR 
part 63, subpart A and in this section. If the owner or operator 
conducted an emissions test in 2016 according to the procedures 
specified in Sec.  63.1384(a)(9) and Sec.  63.1385 in response to the 
EPA's Information Collection Request, the owner or operator can use the 
results of the emissions test to demonstrate initial compliance with the 
emission limits for rotary spin lines specified in Table 2 to this 
subpart.
    (1) All monitoring systems and equipment must be installed, 
operational, and calibrated prior to the performance test.

[[Page 541]]

    (2) Unless a different frequency is specified in this section, the 
owner or operator must monitor and record process and/or add-on control 
device parameters at least every 15 minutes during the performance 
tests. The arithmetic average for each parameter must be calculated 
using all of the recorded measurements for the parameter.
    (3) During each performance test, the owner or operator must monitor 
and record the glass pull rate for each glass-melting furnace and, if 
different, the glass pull rate for each rotary spin manufacturing line 
and flame attenuation manufacturing line. Record the glass pull rate 
every 15 minutes during any performance test required by this subpart 
and determine the arithmetic average of the recorded measurements for 
each test run and calculate the average of the three test runs. If a 
rotary spin or flame attenuation line shares one or more emissions 
points with another rotary spin or flame attenuation line(s), owners or 
operators can conduct the performance test while each of the process 
lines with the shared emissions point(s) is operating as specified in 
paragraph (a)(8) of this section, rather than testing each of the shared 
lines separately. In these cases, owners or operators must use the 
combined glass pull rate for the process lines with the shared emissions 
point(s) to demonstrate compliance with the emission limits specified in 
Table 2 to this subpart.
    (4) The owner or operator shall conduct a performance test for each 
existing and new gas-fired glass-melting furnace. During the performance 
test of each gas-fired glass-melting furnace, the owner or operator must 
measure and record the materials mix, including the percentages of raw 
materials and cullet, melted in the furnace during the performance test.
    (5) During the performance test, the owner or operator of a glass-
melting furnace controlled by an ESP shall monitor and record the ESP 
parameter level(s), as specified in the operations, maintenance, and 
monitoring plan, and establish the minimum and/or maximum value(s) that 
will be used to demonstrate compliance after the initial performance 
test.
    (6) During the performance test, the owner or operator of a cold top 
electric furnace that is not equipped with an add-on control device for 
PM emissions control, must monitor and record the temperature 46 to 61 
centimeters (18 to 24 inches) above the molten glass surface to ensure 
that the maximum temperature does not exceed 120 [deg]C (250 [deg]F).
    (7) During the performance test, the owner or operator of a glass 
melting furnace (other than a cold top electric furnace) that is not 
equipped with an add-on control device for PM emissions control, must 
monitor and record the furnace parameter level, and establish the 
minimum and/or maximum value(s) that will be used to demonstrate 
compliance after the initial performance test.
    (8) The owner or operator must conduct a performance test for each 
rotary spin manufacturing line, subject to this subpart, while producing 
the building insulation with the highest LOI expected to be produced on 
that line; and for each flame attenuation manufacturing line, subject to 
this subpart, while producing the heavy-density product or pipe product 
with the highest LOI expected to be produced on the affected line.
    (9) The owner or operator of each rotary spin manufacturing line and 
flame attenuation manufacturing line regulated by this subpart must 
conduct performance tests using the resin with the highest free-
formaldehyde content. During the performance test of each rotary spin 
manufacturing line and flame attenuation manufacturing line regulated by 
this subpart, the owner or operator shall monitor and record the free-
formaldehyde and free-phenol contents of the resin, the binder 
formulation used, and the product LOI and density.
    (10) During the performance test, the owner or operator of a rotary 
spin manufacturing line or flame attenuation manufacturing line who 
plans to use process modifications to comply with the emission limits in 
Sec.  63.1382 must monitor and record the process parameter level(s), as 
specified in the operations, maintenance, and monitoring plan, which 
will be used to demonstrate compliance after the initial performance 
test.

[[Page 542]]

    (11) During the performance test, the owner or operator of a rotary 
spin manufacturing line or flame attenuation manufacturing line who 
plans to use a wet scrubbing control device to comply with the emission 
limits in Sec.  63.1382 must continuously monitor and record the 
pressure drop across the scrubber, the scrubbing liquid flow rate, and 
addition of any chemical to the scrubber, including the chemical feed 
rate, and establish the minimum and/or maximum value(s) that will be 
used to determine compliance after the initial performance test.
    (12) During the performance test, the owner or operator of a rotary 
spin manufacturing line or affected flame attenuation manufacturing line 
shall continuously record the operating temperature of each incinerator 
and record the average during each 1-hour test; the average operating 
temperature of the three 1-hour tests shall be used to monitor 
compliance.
    (13) Unless disapproved by the Administrator, an owner or operator 
of a rotary spin or flame attenuation manufacturing line regulated by 
this subpart may conduct short-term experimental production runs using 
binder formulations or other process modifications where the process 
parameter values would be outside those established during performance 
tests without first conducting performance tests. Such runs must not 
exceed 1 week in duration unless the Administrator approves a longer 
period. The owner or operator must notify the Administrator and postmark 
or deliver the notification at least 15 days prior to commencement of 
the short-term experimental production runs. The Administrator must 
inform the owner or operator of a decision to disapprove or must request 
additional information prior to the date of the short-term experimental 
production runs. Notification of intent to perform an experimental 
short-term production run shall include the following information:
    (i) The purpose of the experimental production run;
    (ii) The affected line;
    (iii) How the established process parameters will deviate from 
previously approved levels;
    (iv) The duration of the experimental production run;
    (v) The date and time of the experimental production run; and
    (vi) A description of any emission testing to be performed during 
the experimental production run.
    (b) To determine compliance with the PM emission limit for glass-
melting furnaces, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR14JN99.040

Where:

E = Emission rate of PM, kg/Mg (lb/ton) of glass pulled;
C = Concentration of PM, g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/h (dscf/h);
K1 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr); and
P = Average glass pull rate, Mg/h (tons/h).

    (c) To determine compliance with the emission limits specified in 
Table 2 to this subpart, for formaldehyde and methanol for rotary spin 
manufacturing lines; formaldehyde, phenol, and methanol for flame 
attenuation manufacturing lines; and chromium compounds for gas-fired 
glass-melting furnaces, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR14JN99.041

Where:

E = Emission rate of formaldehyde, phenol, methanol, chromium compounds, 
          kg/Mg (lb/ton) of glass pulled;
C = Measured volume fraction of formaldehyde, phenol, methanol, chromium 
          compounds, ppm;
MW = Molecular weight of formaldehyde, 30.03 g/g-mol; molecular weight 
          of phenol, 94.11 g/g-mol; molecular weight of methanol, 32.04 
          g/g-mol; molecular weight of chromium compounds tested in g/g-
          mol.
Q = Volumetric flow rate of exhaust gases, dscm/h (dscf/h);
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-mol; and
P = Average glass pull rate, Mg/h (tons/h).

    (d) Following the initial performance or compliance test conducted 
to demonstrate compliance with the chromium compounds emissions limit 
specified in Table 2 to this subpart, you must conduct an annual 
performance

[[Page 543]]

test for chromium compounds emissions from each gas-fired glass-melting 
furnace (no later than 12 calendar months following the previous 
compliance test).
    (e) Following the initial performance or compliance test to 
demonstrate compliance with the PM, formaldehyde, phenol, and methanol 
emissions limits specified in Table 2 to this subpart, you must conduct 
a performance test to demonstrate compliance with each of the applicable 
PM, formaldehyde, phenol, and methanol emissions limits in Sec.  63.1382 
at least once every five years.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 
82 FR 60884, Dec. 26, 2017]



Sec.  63.1385  Test methods and procedures.

    (a) The owner or operator shall use the following methods to 
determine compliance with the applicable emission limits:
    (1) Method 1 (40 CFR part 60, appendix A) for the selection of the 
sampling port location and number of sampling ports;
    (2) Method 2 (40 CFR part 60, appendix A) for volumetric flow rate;
    (3) Method 3 or 3A (40 CFR part 60, appendix A) for O2 
and CO2 for diluent measurements needed to correct the 
concentration measurements to a standard basis;
    (4) Method 4 (40 CFR part 60, appendix A) for moisture content of 
the stack gas;
    (5) Method 5 or Method 29 (40 CFR part 60, appendix A-3) for the 
concentration of total PM. When using Method 5, each run must consist of 
a minimum sample volume of 2 dry standard cubic meters (dscm). When 
using Method 29, each run must consist of a minimum sample volume of 3 
dscm. When measuring PM concentration using either Method 5 or 29, the 
probe and filter holder heating system must be set to provide a gas 
temperature no greater than 12014 [deg]C 
(24825 [deg]F).
    (6) For measuring the concentration of formaldehyde, use one of the 
following test methods:
    (i) Method 318 (appendix A of this part). Each test run must consist 
of a minimum of 10 spectra.
    (ii) Method 316 (appendix A of this part). Each test run must 
consist of a minimum of 2 dry standard cubic meters (dscm) of sample 
volume.
    (7) Method contained in appendix A of this subpart for the 
determination of product LOI;
    (8) Method contained in appendix B of this subpart for the 
determination of the free-formaldehyde content of resin. The owner or 
operator shall use vendor specifications to determine the free-phenol 
content of resin.
    (9) Method contained in appendix C of this subpart for the 
determination of product density;
    (10) For measuring the concentration of phenol, use Method 318 
(appendix A of this part). Each test run must consist of a minimum of 10 
spectra.
    (11) For measuring the concentration of methanol, use one of the 
following test methods:
    (i) Method 318 (appendix A of this part). Each test run must consist 
of a minimum of 10 spectra.
    (ii) Method 308 (appendix A of this part). Each test run must 
consist of a minimum of 2 hours.
    (12) Method 29 (40 CFR part 60, appendix A-8) for the concentration 
of chromium compounds. Each test run must consist of a minimum sample 
volume of 3 dscm.
    (13) An alternative method, subject to approval by the 
Administrator.
    (b) Each performance test shall consist of 3 runs. The owner or 
operator shall use the average of the three runs in the applicable 
equation for determining compliance.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45335, July 29, 2015; 
82 FR 60885, Dec. 26, 2017]



Sec.  63.1386  Notification, recordkeeping, and reporting requirements.

    (a) Notifications. As required by Sec.  63.9(b) through (h) of this 
part, the owner or operator shall submit the following written initial 
notifications to the Administrator:
    (1) Notification for an area source that subsequently increases its 
emissions such that the source is a major source subject to the 
standard;

[[Page 544]]

    (2) Notification that a source is subject to the standard, where the 
initial startup is before November 25, 2011.
    (3) Notification that a source is subject to the standard, where the 
source is new or has been reconstructed the initial startup is after 
November 25, 2011, and for which an application for approval of 
construction or reconstruction is not required;
    (4) Notification of intention to construct a new affected source or 
reconstruct an affected 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 November 25, 2011, and for which an 
application for approval or construction or reconstruction is required 
(See Sec.  63.9(b)(4) and (5));
    (5) Notification of special compliance obligations;
    (6) Notification of performance test; and (7) Notification of 
compliance status.
    (b) [Reserved]
    (c) Records and reports for a failure to meet a standard. (1) In the 
event that an affected unit fails to meet a standard, record the number 
of failures since the prior notification of compliance status. For each 
failure record the date, time, and duration of each failure.
    (2) For each failure to meet a standard record and retain a list of 
the affected source or equipment, an estimate of the volume of each 
regulated pollutant emitted over the standard for which the source 
failed to meet the standard, and a description of the method used to 
estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec.  63.1382, including corrective actions to restore process and air 
pollution control and monitoring equipment to its normal or usual manner 
of operation.
    (4) If an affected unit fails to meet a standard, report such events 
in the notification of compliance status required by Sec.  
63.1386(a)(7). Report the number of failures to meet a standard since 
the prior notification. For each instance, report the date, time, and 
duration of each failure. For each failure the report must include a 
list of the affected units or equipment, an estimate of the volume of 
each regulated pollutant emitted over the standard, and a description of 
the method used to estimate the emissions.
    (d) Recordkeeping. (1) As required by Sec.  63.10(b) of this part, 
the owner or operator shall maintain files of all information (including 
all reports and notifications) required by the general provisions and 
this subpart:
    (i) 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 off site;
    (ii) The owner or operator may retain records on microfilm, on a 
computer, on computer disks, on magnetic tape, or on microfiche; and
    (iii) The owner or operator may report required information on paper 
or on a labeled computer disk using commonly available and EPA-
compatible computer software.
    (2) In addition to the general records required by Sec.  63.10(b)(2) 
of this part, the owner or operator shall maintain records of the 
following information:
    (i) Any bag leak detection system alarms, including 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;
    (ii) ESP parameter value(s) used to monitor ESP performance, 
including any period when the value(s) deviated from the established 
limit(s), the date and time of the deviation, when corrective actions 
were initiated, the cause of the deviation, an explanation of the 
corrective actions taken, and when the cause of the deviation was 
corrected;
    (iii) Air temperature above the molten glass in an uncontrolled cold 
top electric furnace, including any period when the temperature exceeded 
120 [deg]C (250 [deg]F) at a location 46 to 61 centimeters (18 to 24 
inches) above the molten glass surface, the date and time of the 
exceedance, when corrective actions were initiated, the cause of the

[[Page 545]]

exceedance, an explanation of the corrective actions taken, and when the 
cause of the exceedance was corrected;
    (iv) Uncontrolled glass-melting furnace (that is not a cold top 
electric furnace) parameter value(s) used to monitor furnace 
performance, including any period when the value(s) exceeded the 
established limit(s), the date and time of the exceedance, when 
corrective actions were initiated, the cause of the exceedance, an 
explanation of the corrective actions taken, and when the cause of the 
exceedance was corrected;
    (v) The formulation of each binder batch and the LOI and density for 
each product manufactured on a rotary spin manufacturing line or flame 
attenuation manufacturing line subject to the provisions of this 
subpart, and the free-formaldehyde and free-phenol contents of each 
resin shipment received and of each resin used in the binder 
formulation;
    (vi) Process parameter level(s) for RS and FA manufacturing lines 
that use process modifications to comply with the emission limits, 
including any period when the parameter level(s) deviated from the 
established limit(s), the date and time of the deviation, when 
corrective actions were initiated, the cause of the deviation, an 
explanation of the corrective actions taken, and when the cause of the 
deviation was corrected;
    (vii) Scrubber pressure drop, scrubbing liquid flow rate, and any 
chemical additive (including chemical feed rate to the scrubber), 
including any period when a parameter level(s) deviated from the 
established limit(s), the date and time of the deviation, when 
corrective actions were initiated, the cause of the deviation, an 
explanation of the corrective actions taken, and when the cause of the 
deviation was corrected;
    (viii) Incinerator operating temperature and results of periodic 
inspection of incinerator components, including any period when the 
temperature fell below the established average or the inspection 
identified problems with the incinerator, 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;
    (ix) Glass pull rate, including any period when the pull rate 
exceeded the average pull rate established during the performance test 
by more than 20 percent, the date and time of the exceedance, when 
corrective actions were initiated, the cause of the exceedance, an 
explanation of the corrective actions taken, and when the cause of the 
exceedance was corrected.
    (x) Records of your cullet sampling or records of inspections from 
cullet providers.
    (xi) For each gas-fired glass-melting furnace that uses cullet, 
records of the daily average cullet percentage, and the 30-day rolling 
average percent cullet in the materials mix charged to the furnace. The 
initial daily average should be recorded on the compliance date and the 
first 30-day rolling average should be calculated 30 days after the 
compliance date.
    (e) Excess emissions report. As required by Sec.  63.10(e)(3)(v) of 
this part, the owner or operator shall report semiannually if measured 
emissions are in excess of the applicable standard or a monitored 
parameter deviates from the levels established during the performance 
test. The report shall contain the information specified in Sec.  
63.10(c) of this part as well as the additional records required by the 
recordkeeping requirements of paragraph (d) of this section. When no 
deviations have occurred, the owner or operator shall submit a report 
stating that no excess emissions occurred during the reporting period.
    (f) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required in this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, 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), 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://

[[Page 546]]

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, 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.
    (g) All reports required by this subpart not subject to the 
requirements in paragraph (f) 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 (f) of this section in paper format.

[64 FR 31709, June 14, 1999, as amended at 71 FR 20460, Apr. 20, 2006; 
80 FR 45335, July 29, 2015; 82 FR 60885, Dec. 26, 2017]



Sec.  63.1387  Compliance dates.

    (a) Compliance dates. You must comply with the emissions limits by 
the dates specified in Table 2 to this subpart.
    (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. The owner or operator shall submit a request 
for an extension according to the procedures in Sec.  63.6(i)(3) of this 
part.
    (c) 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.

[64 FR 31709, June 14, 1999, as amended at 80 FR 45336, July 29, 2015]



Sec.  63.1388  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.

[[Page 547]]

    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1380, 63., and 63.1387.
    (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 37358, June 23, 2003]



Sec.  63.1389  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 required or 
utilized for compliance with the provisions of this subpart during times 
when emissions are being, or are otherwise required to be, routed to 
such items of equipment.
    (c) Startup begins when the wool fiberglass glass-melting furnace 
has any raw materials added and reaches 50 percent of its typical 
operating temperature. Startup ends when molten glass begins to flow 
from the wool fiberglass glass-melting furnace. For cold-top electric 
furnaces, startup ends when the batch cover is established and the 
temperature of the glass batch-cover surface is below 300 [deg]F.
    (d) Shutdown begins when the heat sources to the glass-melting 
furnace are reduced to begin the glass-melting furnace shut down 
process. Shutdown ends when the glass-melting furnace is empty or the 
contents are sufficiently viscous to preclude glass flow from the glass-
melting furnace.
    (e) During periods of startup and shutdown in a cold-top furnace 
that is routed to a baghouse during normal operation, you must establish 
the batch cover and operate your furnace according to the following 
requirements during startup and shutdown:
    (1) You must keep records showing that you used only natural gas or 
other clean fuels to heat each furnace; and
    (2) Except after batch cover is established, you must keep records 
showing that you used only cullet as a raw material during the startup 
of each cold-top furnace; and
    (3) Once a batch cover is established and a control device can be 
safely operated, you must keep records showing that furnace 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.
    (4) During periods of shutdown in a cold-top furnace, until the 
conditions above the glass reach a point at which the control device may 
be damaged if it continues to operate, you must keep records showing 
furnace 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.
    (f) During both periods of startups and shutdowns for all furnace 
types other than cold-top furnaces, you must operate each furnace 
according to the following requirements:
    (1) You must record the type of fuel used to heat the furnace during 
startup and shutdown to demonstrate that you used only natural gas or 
other clean fuels; and
    (2) You must keep records showing that furnace 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.

[80 FR 45336, July 29, 2015]



Sec. Sec.  63.1390-63.1399  [Reserved]



    Sec. Table 1 to Subpart NNN of Part 63--Applicability of General 
          Provisions (40 CFR Part 63, Subpart A) to Subpart NNN

----------------------------------------------------------------------------------------------------------------
                                                                  Applies to subpart
    General provisions citation             Requirement                  NNN?                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(5).............  Applicability.............  Yes..................
Sec.   63.1(a)(6).................  ..........................  Yes..................

[[Page 548]]

 
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..................
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 or
                                     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.   63.1382(b) for
                                     Emissions.                                         general duty
                                                                                        requirement.
Sec.   63.6(e)(1)(ii).............  Requirement to Correct      No...................  Sec.   63.1382(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.
                                                                                        63.1388.
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
                                     Standard.
Sec.   63.6(h)(1).................  SSM Exemption.............  No...................
Sec.   63.6(h)(2)-(j).............  ..........................  Yes..................
Sec.   63.7(a)-(d)................  ..........................  Yes..................
Sec.   63.7(e)(1).................  Performance Testing.......  No...................  See Sec.   63.1382(b).
Sec.   63.7(e)(2)-(e)(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.   63.1382(c) 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(d)(1)-(2).............  Quality Control Program...  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)....................  Notification Requirements.  Yes..................
Sec.   63.9(b)(1)-(2).............  Initial Notifications.....  Yes..................
Sec.   63.9(b)(3).................  ..........................  No...................  [Reserved].
Sec.   63.9(b)(4)-(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.

[[Page 549]]

 
Sec.   63.10(b)(2)(ii)............  Recordkeeping of            No...................  See Sec.   63.1386 (c)(1)
                                     Malfunctions.                                      through (3) for
                                                                                        recordkeeping of
                                                                                        occurrence and duration
                                                                                        and actions taken during
                                                                                        a failure to meet a
                                                                                        standard.
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 Requirements  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.   63.1386 for
                                                                                        recordkeeping of
                                                                                        malfunctions.
Sec.   63.10(c)(12)-(c)(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.
                                                                                        63.1386(c)(iii) 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......................  Availability of             Yes..................
                                     Information/
                                     Confidentiality.
Sec.   63.16......................  Performance Track           Yes..................
                                     Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 45336, July 29, 2015, as amended at 85 FR 73899, Nov. 19, 2020; 
85 FR 84262, Dec. 28, 2020]



Sec. Table 2 to Subpart NNN 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. Glass-melting furnace..........  On or before March     0.5 lb PM per ton of  June 14, 2002.
                                     31, 1997.              glass pulled \3\.
2. Glass-melting furnace..........  After March 31, 1997   0.5 lb PM per ton of  June 14, 1999.
                                     but on or before       glass pulled \3\.
                                     November 25, 2011.
3. Glass-melting furnace..........  On or before November  0.33 lb PM per ton    July 31, 2017.
                                     25, 2011.              of glass pulled.
4. Glass-melting furnace..........  After November 25,     0.33 lb PM per ton    July 29, 2015.\4\
                                     2011.                  of glass pulled.
5. Gas-fired glass-melting furnace  On or before November  0.00025 lb chromium   July 31, 2017.
                                     25, 2011.              compounds per ton
                                                            of glass pulled.
6. Gas-fired glass-melting furnace  After November 25,     0.00025 lb chromium   July 29, 2015.\4\
                                     2011.                  compounds per ton
                                                            of glass pulled.
7. Rotary spin manufacturing line.  On or before March     1.2 lb formaldehyde   June 14, 2002.
                                     31, 1997.              per ton of glass
                                                            pulled \5\.
8. Rotary spin manufacturing line.  After March 31, 1997.  0.8 lb formaldehyde   June 14, 1999.
                                                            per ton of glass
                                                            pulled \5\.
9. Rotary spin manufacturing line.  On or before November  1.2 lb formaldehyde   December 26, 2020.
                                     25, 2011.              per ton of glass
                                                            pulled 1.1 lb
                                                            methanol per ton of
                                                            glass pulled.

[[Page 550]]

 
10. Rotary spin manufacturing line  After November 25,     0.8 lb formaldehyde   December 26, 2017.\4\
                                     2011.                  per ton of glass
                                                            pulled 0.65 lb
                                                            methanol per ton of
                                                            glass pulled.
11. Flame-attenuation line          After March 31, 1997,  7.8 lb formaldehyde   June 14, 1999.
 manufacturing a heavy-density       but on or before       per ton of glass
 product.                            November 25, 2011.     pulled \5\.
12. Flame-attenuation line          On or before March     6.8 lb formaldehyde   June 14, 2002.
 manufacturing a pipe product.       31, 1997.              per ton of glass
                                                            pulled \5\.
13. Flame-attenuation line          After March 31, 1997,  6.8 lb formaldehyde   June 14, 1999.
 manufacturing a pipe product.       but before November    per ton of glass
                                     25, 2011.              pulled \5\.
14. Flame-attenuation line          On or before November  27 lb formaldehyde    December 26, 2020.
 manufacturing an aerospace, air     25, 2011.              per ton of glass
 filtration, or pipe product.                               pulled 8.9 lb
                                                            methanol per ton of
                                                            glass pulled.
15. Flame-attenuation line          After November 25,     18.0 lb formaldehyde  December 26, 2017.\4\
 manufacturing an aerospace, air     2011.                  per ton of glass
 filtration, or pipe product.                               pulled 4.0 lb
                                                            methanol per ton of
                                                            glass pulled.
16. Flame-attenuation line          On or before November  2.8 lb formaldehyde   December 26, 2020.
 manufacturing an HVAC product.      25, 2011.              per ton of glass
                                                            pulled 7.3 lb
                                                            methanol per ton of
                                                            glass pulled 0.4 lb
                                                            phenol per ton of
                                                            glass pulled.
17. Flame-attenuation line          After November 25,     2.4 lb formaldehyde   December 26, 2017.\4\
 manufacturing an HVAC product.      2011.                  per ton of glass
                                                            pulled 1.5 lb
                                                            methanol per ton of
                                                            glass pulled 0.4 lb
                                                            phenol per ton of
                                                            glass pulled.
18. Flame-attenuation line          On or before November  5.0 lb formaldehyde   December 26, 2020.
 manufacturing an OEM product.       25, 2011.              per ton of glass
                                                            pulled 5.7 lb
                                                            methanol per ton of
                                                            glass pulled 31 lb
                                                            phenol per ton of
                                                            glass pulled.
19. Flame-attenuation line          After November 25,     2.9 lb formaldehyde   December 26, 2017.\4\
 manufacturing an OEM product.       2011.                  per ton of glass
                                                            pulled 1.1 lb
                                                            methanol per ton of
                                                            glass pulled 22 lb
                                                            phenol per ton of
                                                            glass pulled.
----------------------------------------------------------------------------------------------------------------
\1\ The numeric 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 limit does not apply after July 31, 2017.
\4\ Or initial startup, whichever is later.
\5\ This limit does not apply after December 26, 2020.


[80 FR 45338, July 29, 2015, as amended at 82 FR 60885, Dec. 26, 2017]



Sec. Appendix A to Subpart NNN of Part 63--Method for the Determination 
                                 of LOI

                               1. Purpose

    The purpose of this test is to determine the LOI of cured blanket 
insulation. The method is applicable to all cured board and blanket 
products.

                              2. Equipment

    2.1 Scale sensitive to 0.1 gram.
    2.2 Furnace designed to heat to at least 540 [deg]C (1,000 [deg]F) 
and controllable to 10 [deg]C (50 [deg]F).
    2.3 Wire tray for holding specimen while in furnace.

                              3. Procedure

    3.1 Cut a strip along the entire width of the product that will 
weigh at least 10.0 grams. Sample should be free of dirt or foreign 
matter.

    Note: Remove all facing from sample.

    3.2 Cut the sample into pieces approximately 12 inches long, weigh 
to the nearest 0.1 gram and record. Place in wire tray. Sample should 
not be compressed or overhang on tray edges.

    Note: On air duct products, remove shiplaps and overspray.

    3.3 Place specimen in furnace at 540 [deg]C (1,000 [deg]F), 10 [deg]C (50 [deg]F) for 15 to 20 minutes

[[Page 551]]

to insure complete oxidation. After ignition, fibers should be white and 
should not be fused together.
    3.4 Remove specimen from the furnace and cool to room temperature.
    3.5 Weigh cooled specimen and wire tray to the nearest 0.1 gram. 
Deduct the weight of the wire tray and then calculate the loss in weight 
as a percent of the original specimen weight.



Sec. Appendix B to Subpart NNN of Part 63--Free Formaldehyde Analysis of 
            Insulation Resins by Hydroxylamine Hydrochloride

                                1. Scope

    This method 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 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 to 
determine sample size.
    b. If the expected FF is less than 2 percent, go to Part B 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 % free formaldehyde                 size, grams
------------------------------------------------------------------------
2..........................................................         30.0
5..........................................................         12.0
8..........................................................          7.5
10.........................................................          6.0
12.........................................................          5.0
15.........................................................          4.0
------------------------------------------------------------------------

    ii. It is very important to the accuracy of the results that the 
sample size be chosen correctly. If the milliliters of titrant are less 
than 15 mL or greater than 30 mL, reestimate the needed sample size and 
repeat the tests.
    d. Part B: Expected FF <2 percent

Grams resin = 30/expected percent FF

    i. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
                Expected % 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.

[[Page 552]]

    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] TR14JN99.042

                    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. K. Tutin.



Sec. Appendix C to Subpart NNN of Part 63--Method for the Determination 
                           of Product Density

                               1. Purpose

    The purpose of this test is to determine the product density of 
cured blanket insulation. The method is applicable to all cured board 
and blanket products.

                              2. Equipment

    One square foot (12 in. by 12 in.) template, or templates that are 
multiples of one square foot, for use in cutting insulation samples.

                              3. Procedure

    3.1 Obtain a sample at least 30 in. long across the machine width. 
Sample should be free of dirt or foreign matter.
    3.2 Lay out the cutting pattern according to the plant's written 
procedure for the designated product.
    3.2 Cut samples using one square foot (or multiples of one square 
foot) template.
    3.3 Weigh product and obtain area weight (lb/ft\2\).
    3.4 Measure sample thickness.
    3.5 Calculate the product density:
Density (lb/ft\3\) = area weight (lb/ft\2\)/thickness (ft)



  Subpart OOO_National Emission Standards for Hazardous Air Pollutant 
             Emissions: Manufacture of Amino/Phenolic Resins

    Source: 65 FR 3290, Jan. 20, 2000, unless otherwise noted.



Sec.  63.1400  Applicability and designation of affected sources.

    (a) Applicability. The provisions of this subpart apply to the owner 
or operator of processes that produce amino/phenolic resins and that are 
located at a plant site that is a major source as defined in Sec.  63.2.
    (b) Affected source. The affected source is:
    (1) The total of all amino/phenolic resin process units (APPU);
    (2) The associated heat exchange systems;
    (3) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices;
    (4) Equipment that does not contain organic hazardous air pollutants 
(HAP) and is located within an APPU that is part of an affected source;
    (5) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only;
    (6) Equipment that is intended to operate in organic HAP service for 
less than 300 hours during the calendar year;
    (7) Each waste management unit; and
    (8) Maintenance wastewater.
    (c) Existing affected source. The affected source to which the 
existing source provisions of this subpart apply is defined in paragraph 
(b) of this section.

[[Page 553]]

    (d) New affected source. The affected source to which the new source 
provisions of this subpart apply is:
    (1) Each affected source defined in paragraph (b) of this section 
that commences construction or reconstruction after December 14, 1998;
    (2) Each additional group of one or more APPU and associated heat 
exchange systems that has the potential to emit 10 tons per year or more 
of any organic HAP or 25 tons per year or more of any combination of 
organic HAP that commences construction after December 14, 1998; or
    (3) Each group of one or more process units and associated heat 
exchange systems that are converted to APPUs after December 14, 1998, 
that has the potential to emit 10 tons per year or more of any organic 
HAP or 25 tons per year or more of any combination of organic HAP.
    (e) APPUs without organic HAP. An APPU that is part of an affected 
source, as defined in paragraph (c) or (d) of this section, but that 
does not use or manufacture any organic HAP, is not subject to any other 
provisions of this subpart and is not required to comply with the 
provisions of subpart A of this part. When requested by the 
Administrator, the owner or operator shall demonstrate that the APPU 
does not use or manufacture any organic HAP. Types of information that 
could document this determination include, but are not limited to, 
records of chemicals purchased for the process, analyses of process 
stream composition, engineering calculations, or process knowledge.
    (f) Exemption from equipment leak provisions. Affected sources with 
actual annual production of amino/phenolic resin equal to or less than 
800 megagrams per year (Mg/yr) for the 12-month period preceding 
December 14, 1998 are exempt from the equipment leak provisions 
specified in Sec.  63.1410. The owner or operator utilizing this 
exemption shall recheck the actual annual production of amino/phenolic 
resins for each 12-month period following December 14, 1998. The 
beginning of each 12-month period shall be the anniversary of December 
14, 1998. If the actual annual production of amino/phenolic resins is 
greater than 800 Mg/yr for any 12-month period, the owner or operator 
shall comply with Sec.  63.1410 for the life of the affected source or 
until the affected source is no longer subject to the provisions of this 
subpart.
    (g) Primary product determination and applicability. For purposes of 
this paragraph, amino resins and phenolic resins shall be considered to 
be the same product and production time or production mass of amino and 
phenolic resins shall be combined for purposes of determining the 
primary product under this paragraph (g). If the owner or operator 
determines that a process unit is not an APPU under paragraphs (g)(1) 
through (4) of this section, the owner or operator shall, when requested 
by the Administrator, demonstrate that the process unit is not an APPU.
    (1) Applicability determinations for process units producing 
multiple products. A process unit that produces more than one intended 
product at the same time is an APPU if amino/phenolic resin production 
accounts for the greatest percent of the annual design capacity on a 
mass basis. If a process unit has the same annual design capacity on a 
mass basis for two or more products, the process unit shall be an APPU 
if amino/phenolic resins are one of those products.
    (2) Flexible operations process unit determination based on 
operating time. A flexible operations process unit is an APPU if amino/
phenolic resins will be produced for the greatest operating time over 
the 5 years following December 14, 1998 at existing process units, or 
for the first year after the process unit begins production of any 
product for new process units.
    (3) Flexible operations process unit determination based on mass 
production basis. A flexible operations process unit that will 
manufacture multiple products equally based on operating time is an APPU 
if amino/phenolic resins account for the greatest percentage of the 
expected production on a mass basis over the 5 years following December 
14, 1998 at existing process units, or for the first year after the 
process unit begins production of any product for new process units.
    (4) Flexible operations process unit default determination. If the 
owner or operator cannot determine whether or

[[Page 554]]

not amino/phenolic resins are the primary product of a flexible 
operations process unit in accordance with paragraphs (g)(2) and (3) of 
this section, the flexible operations process unit shall be designated 
as an APPU if amino/phenolic resins were produced for 5 percent or 
greater of the total operating time since December 14, 1998 for existing 
process units. The flexible operations process unit shall be designated 
as an APPU if the owner or operator anticipates that amino/phenolic 
resins will be manufactured in the flexible operations process unit at 
any time in the first year after the date the unit begins production of 
any product for new process units.
    (5) Annual applicability determination for non-APPUs that have 
produced amino/phenolic resins. Once per year beginning December 14, 
2003, the owner or operator of each flexible operations process unit 
that is not designated as an APPU, but that has produced amino/phenolic 
resins at any time in the preceding 5-year period or since the date that 
the unit began production of any product, whichever is shorter, shall 
perform an evaluation to determine whether the process unit has become 
an APPU. A flexible operations process unit has become an APPU if amino/
phenolic resins were produced for the greatest operating time over the 
preceding 5-year period or since the date that the process unit began 
production of any product, whichever is shorter.
    (6) Applicability determination for non-APPUs that have not produced 
amino/phenolic resins. The owner or operator that anticipates the 
production of amino/phenolic resins in a process unit that is not 
designated as an APPU, and in which no amino/phenolic resins have been 
produced in the previous 5-year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall determine if the process unit will become an APPU. The owner or 
operator shall use the procedures in paragraphs (g)(1) through (4) of 
this section to determine if the process unit is designated as an APPU, 
with the following exception: for existing process units, production 
shall be projected for the 5 years following the date that the owner or 
operator anticipates initiating the production of amino/phenolic resins, 
instead of the 5 years following December 14, 1998.
    (7) Redetermination of applicability to APPU that are flexible 
operations process units. Whenever changes in production occur that 
could reasonably be expected to cause a flexible operations process unit 
to no longer be an APPU (i.e., amino/phenolic resins will no longer be 
the primary product according to the determination procedures in 
paragraphs (g)(2) through (4) of this section), the owner or operator 
shall reevaluate the status of the process unit as an APPU. A flexible 
operations process unit has ceased to be an APPU subject to this subpart 
if the following criteria are met:
    (i) If amino/phenolic resins were not produced for the greatest 
operating time over the preceding 5-year period or since the date that 
the process unit began production of any product, whichever is shorter;
    (ii) If the new primary product, which is not amino/phenolic resins, 
is subject to another subpart of this part; and
    (iii) If the owner or operator has notified the Administrator of the 
pending change in status for the flexible operations process unit, as 
specified in Sec.  63.1417(h)(4).
    (8) APPU terminating production of all amino/phenolic resins. If an 
APPU terminates the production of all amino/phenolic resins and does not 
anticipate the production of any amino/phenolic resins in the future, 
the process unit is no longer an APPU and is not subject to this subpart 
after notification is made to the Administrator, as specified in Sec.  
63.1417(h)(4).
    (h) Storage vessel applicability determination. The owner or 
operator of a storage vessel at a new affected source shall determine 
assignment to a process unit as follows:
    (1) If a storage vessel is already subject to another subpart of 
part 63 on January 20, 2000, said storage vessel shall continue to be 
assigned to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.

[[Page 555]]

    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units, and if one or more of those process 
units is an APPU subject to this subpart, the storage vessel shall be 
assigned to any of the APPUs.
    (5) [Reserved]
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the use as 
follows:
    (i) For existing affected sources, use shall be determined based on 
the following:
    (A) The year preceding January 20, 2000; or
    (B) The expected use for the 5 years following January 20, 2000.
    (ii) For new affected sources, use shall be determined based on the 
first 5 years after initial start-up.
    (7) Where the storage vessel is located in a tank farm (including a 
marine tank farm), the assignment of the storage vessel shall be 
determined according to paragraphs (h)(7)(i) and (ii) of this section. 
Only those storage vessels where a portion or all of the input into or 
output from the storage vessel is hardpiped directly to one or more 
process units are covered by this paragraph.
    (i) The storage vessel is assigned to a process unit if the product 
or raw material entering or leaving the process unit flows directly into 
(or from) the storage vessel in the tank farm without passing through 
any intervening storage vessel. An intervening storage vessel means a 
storage vessel connected by hardpiping both to the process unit and to 
the storage vessel in the tank farm.
    (ii) If there are two or more process units that meet the criteria 
of paragraph (h)(7)(i) of this section with respect to a storage vessel, 
the storage vessel shall be assigned to one of those process units 
according to the provisions of paragraphs (h)(3) through (6) of this 
section.
    (8) If the storage vessel begins receiving material from (or sending 
material to) a process unit that was not included in the initial 
determination, or ceases to receive material from (or send material to) 
a process unit, the owner or operator shall reevaluate the applicability 
of this subpart to the storage vessel according to the procedures in 
paragraphs (h)(3) through (7) of this section.
    (i) Applicability of other subparts to this subpart. Paragraphs 
(i)(1) through (5) describe the applicability of other subparts to this 
subpart.
    (1) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
that is also subject to and complying with the provisions of 40 CFR part 
60, subpart Kb, shall continue to comply with 40 CFR part 60, subpart 
Kb. After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
that is also subject to the provisions of 40 CFR part 60, subpart Kb, 
but the owner or operator has not been required to apply controls as 
part of complying with 40 CFR part 60, subpart Kb, is required to comply 
only with the provisions of this subpart. After the compliance dates 
specified in this section, said storage vessel shall no longer be 
subject to 40 CFR part 60, subpart Kb.
    (2) Affected sources subject to this subpart that are also subject 
to the provisions of subpart Q of this part shall comply with both 
subparts.
    (3) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, or the provisions of subpart H 
of this part, is required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, said 
source shall no longer be subject to 40 CFR part 60, subpart VV, or 
subpart H of this part, as appropriate.
    (4) After the applicable compliance date specified in this subpart, 
if a heat

[[Page 556]]

exchange system subject to this subpart is also subject to a standard 
identified in paragraph (i)(4)(i) or (ii) of this section, compliance 
with the applicable provisions of the standard identified in paragraph 
(i)(4)(i) or (ii) of this section shall constitute compliance with the 
applicable provisions of this subpart with respect to that heat exchange 
system.
    (i) Subpart F of this part.
    (ii) A subpart of this part that requires compliance with Sec.  
63.104 (e.g., subpart U of this part).
    (5) After the compliance dates specified in this subpart, if any 
combustion device, recovery device or recapture device subject to this 
subpart is also subject to monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 264, subparts AA, BB, or CC, or is subject 
to monitoring and recordkeeping requirements in 40 CFR part 265, 
subparts AA, BB, or CC, and the owner or operator complies with the 
periodic reporting requirements under 40 CFR part 264, subparts AA, BB, 
or CC, that would apply to the device if the facility had final-
permitted status, the owner or operator may elect to comply either with 
the monitoring, recordkeeping and reporting requirements of this 
subpart, or with the monitoring, recordkeeping and reporting 
requirements in 40 CFR parts 264 and/or 265, as described in this 
paragraph, which shall constitute compliance with the monitoring, 
recordkeeping and reporting requirements of this subpart. If the owner 
or operator elects to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, the owner or 
operator shall report all information required by Sec.  63.1417(f), 
Periodic Reports, as part of complying with the requirements of 40 CFR 
parts 264 and/or 265.
    (j) Applicability of general provisions. Table 1 of this subpart 
specifies the provisions of subpart A of this part that apply and do not 
apply to owners and operators of affected sources subject to this 
subpart.
    (k) Applicability of this subpart. (1) The emission limitations set 
forth in this subpart and the emission limitations referred to in this 
subpart shall apply at all times except during periods of non-operation 
of the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies.
    (2) The emission limitations set forth in 40 CFR part 63, subpart 
UU, as referred to in Sec.  63.1410, shall apply at all times except 
during periods of non-operation of the affected source (or specific 
portion thereof) in which the lines are drained and depressurized 
resulting in cessation of the emissions to which Sec.  63.1410 applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions are being routed to such items of equipment if the 
shutdown would contravene requirements of this subpart applicable to 
such items of equipment.
    (4) General duty. At all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator, which may include, but is not limited 
to, monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.

[65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20460, Apr. 20, 2006; 79 
FR 60929, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018]



Sec.  63.1401  Compliance schedule.

    (a) New affected sources that commence construction or 
reconstruction after December 14, 1998, shall be in compliance with this 
subpart (except Sec.  63.1411(c)) upon initial start-up or January 20, 
2000, whichever is later. New affected sources that commenced 
construction or reconstruction after December 14, 1998, but on or before 
January 9, 2014, shall be in compliance

[[Page 557]]

with the pressure relief device monitoring requirements of Sec.  
63.1411(c) by October 9, 2017. New affected sources that commence 
construction or reconstruction after January 9, 2014, shall be in 
compliance with the pressure relief device monitoring requirements of 
Sec.  63.1411(c) upon initial startup or by October 8, 2014.
    (b) Existing affected sources shall be in compliance with this 
subpart (except Sec. Sec.  63.1404, 63.1405, and 63.1411(c)) no later 
than 3 years after January 20, 2000. Existing affected sources shall be 
in compliance with the storage vessel requirements of Sec.  63.1404 and 
the pressure relief device monitoring requirements of Sec.  63.1411(c) 
by October 9, 2017. Existing affected sources shall be in compliance 
with the continuous process vent requirements of Sec.  63.1405(b) by 
October 15, 2019.
    (c) If an affected source using the exemption provided in Sec.  
63.1400(f) has an actual annual production of amino/phenolic resins 
exceeding 800 Mg/yr for any 12-month period, the owner or operator shall 
comply with the provisions of Sec.  63.1410 for the affected source 
within 3 years. The starting point for the 3-year compliance time period 
shall be the end of the 12-month period in which actual annual 
production for amino/phenolic resins exceeds 800 Mg/yr.
    (d) Pursuant to section 112(i)(3)(B) of the Clean Air Act, an owner 
or operator may request an extension allowing the existing affected 
source up to 1 additional year to comply with section 112(d) standards. 
For purposes of this subpart, a request for an extension shall be 
submitted to the permitting authority as part of the operating permit 
application or to the Administrator as a separate submittal or as part 
of the Precompliance Report.
    (1) Requests for extensions shall be submitted no later than 120 
days prior to the compliance dates specified in paragraphs (a) and (b) 
of this section and shall include the data described in Sec.  
63.6(i)(6)(i)(A), (B), and (D). The dates specified in Sec.  63.6(i) for 
submittal of requests for extensions shall not apply to this subpart.
    (2) An owner or operator may submit a compliance extension request 
less than 120 days prior to the compliance dates specified in paragraphs 
(a) and (b) of this section provided that the need for the compliance 
extension arose after that date, and the need arose due to circumstances 
beyond reasonable control of the owner or operator. This request shall 
include, in addition to the information specified in Sec.  
63.6(i)(6)(i)(A), (B), and (D), a statement of the reasons additional 
time is needed and the date when the owner or operator first learned of 
the circumstances necessitating a request for compliance extension.
    (e) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, annual), 
unless specified otherwise, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner or operator and the Administrator, as 
specified in subpart A of this part (e.g., a period could begin on the 
compliance date or another date, rather than on the first day of the 
standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraph (e)(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.

[[Page 558]]

    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60929, Oct. 8, 2014; 83 
FR 51852, Oct. 15, 2018]



Sec.  63.1402  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in Sec. Sec.  63.2, 63.101, 63.111, and 63.161 as specified 
after each term:

Act (Sec.  63.2)
Administrator (Sec.  63.2)
Annual average concentration (Sec.  63.111)
Annual average flow rate (Sec.  63.111)
Automated monitoring and recording system (Sec.  63.111)
Boiler (Sec.  63.111)
Bottoms receiver (Sec.  63.161)
By compound (Sec.  63.111)
By-product (Sec.  63.101)
Car-seal (Sec.  63.111)
Closed-vent system (Sec.  63.111)
Combustion device (Sec.  63.111)
Commenced (Sec.  63.2)
Compliance date (Sec.  63.2)
Connector (Sec.  63.161)
Construction (Sec.  63.2)
Continuous monitoring system (Sec.  63.2)
Distillation unit (Sec.  63.111)
Duct work (Sec.  63.161)
Emission standard (Sec.  63.2)
EPA (Sec.  63.2)
External floating roof (Sec.  63.111)
First attempt at repair (Sec.  63.111)
Flame zone (Sec.  63.111)
Floating roof (Sec.  63.111)
Flow indicator (Sec.  63.111)
Fuel gas (Sec.  63.101)
Fuel gas system (Sec.  63.101)
Hard-piping (Sec.  63.111)
Hazardous air pollutant (Sec.  63.2)
Impurity (Sec.  63.101)
In organic hazardous air pollutant service (Sec.  63.161)
Incinerator (Sec.  63.111)
Instrumentation system (Sec.  63.161)
Internal floating roof (Sec.  63.111)
Lesser quantity (Sec.  63.2)
Major source (Sec.  63.2)
Open-ended valve or line (Sec.  63.161)
Operating permit (Sec.  63.101)
Organic monitoring device (Sec.  63.111)
Owner or operator (Sec.  63.2)
Performance evaluation (Sec.  63.2)
Performance test (Sec.  63.2)
Permitting authority (Sec.  63.2)
Plant site (Sec.  63.101)
Potential to emit (Sec.  63.2)
Pressure relief device or valve (Sec.  63.161)
Primary fuel (Sec.  63.111)
Process heater (Sec.  63.111)
Process unit shutdown (Sec.  63.161)
Process wastewater (Sec.  63.111)
Reactor (Sec.  63.111)
Reconstruction (Sec.  63.2)
Routed to a process or route to a process (Sec.  63.161)
Run (Sec.  63.2)
Secondary fuel (Sec.  63.111)
Sensor (Sec.  63.161)
Specific gravity monitoring device (Sec.  63.111)
State (Sec.  63.2)
Surge control vessel (Sec.  63.161)
Temperature monitoring device (Sec.  63.111)
Test method (Sec.  63.2)
Total resource effectiveness (TRE) index value (Sec.  63.111)
Treatment process (Sec.  63.111)
Unit operation (Sec.  63.101)
Visible emission (Sec.  63.2)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in Sec.  63.2, Sec.  
63.101, Sec.  63.111, or Sec.  63.161 or defined in 40 CFR part 63, 
subparts SS, UU, or WW and in this section, it shall have the meaning 
given in this section for purposes of this subpart.
    Aggregate batch vent stream means a process vent containing 
emissions from at least one reactor batch process vent and at least one 
additional reactor or non-reactor batch process vent where the emissions 
are ducted, hardpiped, or otherwise connected together for a continuous 
flow.
    Amino resin means a thermoset resin produced through the reaction of 
formaldehyde, or a formaldehyde containing solution (e.g., aqueous 
formaldehyde), with compound(s) that contain the amino group; these 
compounds include melamine, urea, and urea derivatives. Formaldehyde 
substitutes are exclusively aldehydes.
    Amino/phenolic resin means one or both of the following:
    (1) Amino resin; or
    (2) Phenolic resin.
    Amino/phenolic resin. Process unit (APPU) means a collection of 
equipment assembled and connected by hardpiping or ductwork used to 
process raw materials and to manufacture an amino/phenolic resin as its 
primary product. This collection of equipment includes unit operations; 
process vents; storage vessels, as determined in

[[Page 559]]

Sec.  63.1400(h); and the equipment that is subject to the equipment 
leak provisions as specified in Sec.  63.1410. Utilities, lines and 
equipment not containing process fluids, and other non-process lines, 
such as heating and cooling systems which do not combine their materials 
with those in the processes they serve, are not part of the amino/
phenolic resin process unit. An amino/phenolic resin process unit 
consists of more than one unit operation.
    Back-end continuous process vent means a continuous process vent for 
operations related to processing liquid resins into a dry form. Back-end 
process operations include, but are not limited to, flaking, grinding, 
blending, mixing, drying, pelletizing, and other finishing operations, 
as well as latex and crumb storage. Back-end does not include storage 
and loading of finished product or emission points that are regulated 
under Sec. Sec.  63.1404 or 63.1409 through 63.1411 of this subpart.
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch mode means the discontinuous bulk movement of material through 
a unit operation. Mass, temperature, concentration, and other properties 
may vary with time. For a unit operation operated in a batch mode (i.e., 
batch unit operation), the addition of material and withdrawal of 
material do not typically occur simultaneously.
    Batch process vent means a process vent from a batch unit operation 
within an affected source. Batch process vents are either reactor batch 
process vents or non-reactor batch process vents.
    Batch unit operation means a unit operation operated in a batch 
mode.
    Block means the time period that comprises a single batch cycle.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process vent means a process vent from a continuous unit 
operation within an affected source. Process vents that are serving as 
control devices are not subject to additional control requirements.
    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.  63.1416(c) or 
(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1 hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For continuous process vents, recapture devices are 
considered control devices but recovery devices are not considered 
control devices. Condensers operating as process condensers are not 
considered control devices. For a condenser that sometimes operates as a 
process condenser to be considered a control device, it shall not be 
operating as a process condenser for a given batch emission episode, and 
it shall recycle of the recovered material within the process.
    Control technology means any process modification or use of 
equipment that reduces organic HAP emissions. Examples include, but are 
not limited to, product reformulation to reduce solvent content and/or 
use, batch cycle time reduction to reduce the duration of emissions, 
reduction of nitrogen purge rate, and the lowering of process condenser 
coolant temperatures.

[[Page 560]]

    Controlled organic HAP emissions means the quantity of organic HAP 
discharged to the atmosphere from a control device.
    Emission point means an individual continuous process vent, batch 
process vent, aggregate batch vent stream, storage vessel, equipment 
leak, or heat exchange system.
    Equipment means , for the purposes of the provisions in Sec.  
63.1410, each pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
and instrumentation system in organic HAP service; and any control 
devices or systems required by Sec.  63.1410. For purposes of this 
subpart, surge control vessels and bottom receivers are not equipment 
for purposes of regulating equipment leak emissions. Surge control 
vessels and bottoms receivers are regulated as non-reactor batch process 
vents for the purposes of this subpart.
    Equipment leak means emissions of organic HAP from a pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system that 
either contains or contacts a fluid (liquid or gas) that is at least 5 
percent by weight of total organic HAP.
    Existing process unit means any process unit that is not a new 
process unit.
    Flexible operations process unit means a process unit that 
periodically manufactures different chemical products, polymers, or 
resins by alternating raw materials or operating conditions. These units 
are also referred to as campaign plants or blocked operations.
    Front-end continuous process vent means a continuous process vent 
for operations in an APPU related to producing liquid resins, including 
any product recovery, stripping and filtering operations, and prior to 
any flaking or drying operations.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and intended 
to operate to not allow contact between the cooling medium and process 
fluid or gases (i.e., a noncontact system). A heat exchange system may 
include more than one heat exchanger and may include recirculating or 
once-through cooling systems.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of organic HAP charged to the reactor during 
the production of a single batch of product.
    Initial start-up means the first time a new or reconstructed 
affected source begins production, or, for equipment added or changed, 
the first time the equipment is put into operation. Initial start-up 
does not include operation solely for testing equipment. Initial start-
up does not include subsequent start-ups of an affected source or 
portion thereof following malfunctions or shutdowns, or following 
changes in product for flexible operation process units, or following 
recharging of equipment in batch operation. Further, for purposes of 
Sec. Sec.  63.1401 and 63.1410, initial start-up does not include 
subsequent start-ups of affected sources or portions thereof following 
malfunctions or process unit shutdowns.
    Inprocess recycling means a recycling operation in which recovered 
material is used by a unit operation within the same affected source. It 
is not necessary for recovered material to be used by the unit operation 
from which they were recovered.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the APPU 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 APPU for repair. The generation 
of wastewater from the routine rinsing or washing of equipment in batch 
operation between batches is not maintenance wastewater for the purposes 
of this subpart.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment or process 
equipment, or failure

[[Page 561]]

of a process to operate in a normal or usual manner, or opening of a 
safety device 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 representative operating conditions means, for purposes of 
testing or measurements required by Sec.  63.1413, those conditions 
which reflect the highest organic HAP emissions reasonably expected to 
be vented to the control device or emitted to the atmosphere. For 
affected sources that produce the same product(s) using multiple 
recipes, the production of the highest-HAP recipe is reflective of 
maximum representative operating conditions.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in 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 described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec.  63.14); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec.  63.14); 
or
    (4) Any other method approved by the Administrator.
    Multicomponent system means, as used in conjunction with batch 
process vents, a stream whose liquid and/or vapor contains more than one 
compound.
    Net heating value means the difference between the heat value of the 
recovered chemical stream and the minimum heat value required to ensure 
a stable flame in the combustion device. This difference must have a 
positive value when used in the context of ``recovering chemicals for 
fuel value'' (e.g., in the definition of ``recovery device'' in this 
section).
    New process unit means a process unit for which the construction or 
reconstruction commenced after December 14, 1998.
    Non-reactor process vent means a batch or continuous process vent 
originating from a unit operation other than a reactor. Non-reactor 
process vents include, but are not limited to, process vents from filter 
presses, surge control vessels, bottoms receivers, weigh tanks, and 
distillation systems.
    Non-solvent-based resin means an amino/phenolic resin manufactured 
without the use of a solvent as described in the definition of solvent-
based resin.
    On-site or On site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, records are stored at a location within a major source 
which encompasses the affected source. On-site includes, but is not 
limited to, storage at the affected source or APPU to which the records 
pertain, or storage in central files elsewhere at the major source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec.  63.1417(e). The 
operating day is the period for which daily average monitoring values 
and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 2 of this subpart or any other chemical 
which is:
    (1) Knowingly produced or introduced into the manufacturing process 
other than as an impurity; and
    (2) Listed in Table 2 of subpart F of this part.
    Phenolic resin means a thermoset resin that is a condensation 
product of formaldehyde and phenol, or a formaldehyde substitute and/or 
a phenol substitute. Substitutes for formaldehyde are exclusively 
aldehydes and include acetaldehyde or furfuraldehyde. Substitutes for 
phenol include other phenolic starting compounds such as cresols, 
xylenols, p-tert-butylphenol, p-

[[Page 562]]

phenylphenol, nonylphenol, and resorcinols.
    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.
    Process condenser means a condenser functioning so as to recover 
material as an integral part of a unit operation(s). A process condenser 
shall support a vapor-to-liquid phase change for periods of equipment 
operation that are at or above the boiling or bubble point of 
substance(s) at the liquid surface. Examples of process condensers 
include distillation condensers, reflux condensers, and condensers used 
in stripping or flashing operations. In a series of condensers, all 
condensers up to and including the first condenser with an exit gas 
temperature below the boiling or bubble point of the substance(s) at the 
liquid surface are considered to be process condensers. All condensers 
in line prior to a vacuum source are considered process condensers when 
the vacuum source is being operated. A condenser may be a process 
condenser for some batch emission episodes and, when meeting certain 
conditions, may be a control device for other batch emission episodes.
    Process unit means a collection of equipment assembled and connected 
by hardpiping or ductwork used to process raw materials and to 
manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
where the gaseous emission stream is discharged to the atmosphere either 
directly or after passing through one or more control, recovery, or 
recapture devices. Unit operations that may have process vents are 
condensers, distillation units, reactors, or other unit operations 
within the APPU. Emission streams that are undiluted and uncontrolled 
containing less than 50 parts per million volume (ppmv) organic HAP, as 
determined through process knowledge that no organic HAP are present in 
the emission stream or using an engineering assessment as discussed in 
Sec.  63.1414(d)(6); test data using the test methods specified in Sec.  
63.1414(a); or any other test method that has been validated according 
to the procedures in Method 301 of appendix A of this part are not 
considered process vents. Process vents exclude relief valve discharges, 
gaseous streams routed to a fuel gas system(s), and leaks from equipment 
regulated under Sec.  63.1410. Process vents that are serving as control 
devices are not subject to additional control requirements.
    Product means a resin, produced using the same monomers and varying 
in additives (e.g., initiators, terminators, etc.), catalysts, or in the 
relative proportions of monomers, that is manufactured by a process 
unit. With respect to resins, more than one recipe may be used to 
produce the same product. Product also means a chemical that is not a 
resin that is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Reactor process vent means a batch or continuous process vent 
originating from a reactor.
    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.
    Recipe means a specific composition from among the range of possible 
compositions that may occur within a product, as defined in this 
section. A recipe is determined by the proportions of monomers and, if 
present, other reactants and additives that are used to make the recipe. 
For example, a methylated amino resin and a non-methylated amino resin 
are both different recipes of the same product, amino resin.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for use, reuse, 
fuel value (i.e., net heating value); or for sale for use, reuse, or 
fuel value (i.e.,

[[Page 563]]

net heating 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 the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, combustible, explosive, reactive, or hazardous materials.
    Seal means, for the purpose of complying with the requirements of 
Sec.  63.1033(b), 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), indicates no readings of 500 parts 
per million or greater.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an APPU(s) within an affected source, 
or equipment required or used to comply with this subpart, or the 
emptying or degassing of a storage vessel. For purposes of the batch 
process vent provisions in Sec. Sec.  63.1406 through 63.1408, the 
cessation of equipment in batch operations is not a shutdown, unless the 
equipment undergoes maintenance, is replaced, or is repaired.
    Solvent-based resin means an amino/phenolic resin that consumes a 
solvent (i.e., methanol, xylene) as a reactant in the resin producing 
reaction. The use of a solvent as a carrier (i.e., adding methanol to 
the product/water solution after the reaction is complete) does not meet 
this definition.
    Start-up means the setting into operation of an affected source, an 
APPU(s) within an affected source, a unit operation within an affected 
source, or equipment required or used to comply with this subpart, or a 
storage vessel after emptying and degassing. For both continuous and 
batch unit operations, start-up includes initial start-up and operation 
solely for testing equipment. For both continuous and batch unit 
operations, start-up does not include the recharging of equipment in 
batch operation. For continuous unit operations, start-up includes 
transitional conditions due to changes in product for flexible operation 
process units. For batch unit operations, start-up does not include 
transitional conditions due to changes in product for flexible operation 
process units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only;
    (5) Wastewater storage tanks;

[[Page 564]]

    (6) Surge control vessels or bottoms receivers; and
    (7) Vessels and equipment storing and/or handling amino/phenolic 
resin.
    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.
    Uncontrolled organic HAP emissions means the organic HAP emitted 
from a unit operation prior to introduction of the emission stream into 
a control device. Uncontrolled HAP emissions are determined after any 
condenser that is operating as a process condenser. If an emission 
stream is not routed to a control device, uncontrolled organic HAP 
emissions are those organic HAP emissions released to the atmosphere.
    Vent stream, as used in reference to batch process vents, aggregate 
batch vent streams, continuous process vents, and storage vessels, means 
the emissions from that emission point.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include: wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is used for recovery, then it is part of an APPU and is not a 
waste management unit.
    Wastewater is either a process wastewater or maintenance wastewater 
and means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP, as indicated on 
Table 2 of this subpart, of at least 5 parts per million by weight and 
has an annual average flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of organic HAP, as indicated on 
Table 2 of this subpart, of at least 10,000 parts per million by weight 
at any flow rate.
    (2) Is discarded from an APPU that is part of an affected source.
    (3) Does not include:
    (i) Stormwater from segregated sewers;
    (ii) Water from fire-fighting and deluge systems in segregated 
sewers;
    (iii) Spills;
    (iv) Water from safety showers;
    (v) Water from testing of deluge systems; and
    (vi) Water from testing of firefighting systems.
    Wastewater stream means a stream that contains wastewater as defined 
in this section.

[65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20460, Apr. 20, 2006; 79 
FR 60929, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018]



Sec.  63.1403  Emission standards.

    (a) Provisions of this subpart. Except as allowed under paragraph 
(b) of this section, the owner or operator of an affected source shall 
comply with the provisions of Sec. Sec.  63.1404 through 63.1410, as 
appropriate. When emissions are vented to a control device or control 
technology as part of complying with this subpart, emissions shall be 
vented through a closed vent system meeting the requirements of 40 CFR 
part 63, subpart SS (national emission standards for closed vent 
systems, control devices, recovery devices and routing to a fuel gas 
system or a process).
    (b) Combined emission streams. When emissions of different kinds 
(e.g., emissions from continuous process vents, storage vessels, etc.) 
are combined at a new affected source, and at least one of the emission 
streams would be required by this subpart to apply controls in the 
absence of combination with other emission streams, the owner or 
operator shall comply with the requirements of paragraph (b)(1) or (2) 
of this section, as appropriate.
    (1) For any combined vent stream that includes one or more aggregate 
batch vent streams, comply with the provisions for aggregate batch vent 
streams.

[[Page 565]]

    (2) For any combined vent stream that does not include one or more 
aggregate batch vent streams:
    (i) Reactor batch process vents and non-reactor batch process vents 
shall comply with the provisions for reactor batch process vents and 
non-reactor batch process vents, as appropriate.
    (ii) The remaining emissions (i.e., storage vessel and/or continuous 
process vent emissions) included in the combined vent stream shall 
comply the provisions for storage vessels when storage vessel emissions 
are included and shall comply with the provisions for continuous process 
vents in the absence of storage vessel emissions (i.e., when only 
continuous process vents are included).
    (c) Compliance for flexible operations process units. With the 
exceptions specified in paragraphs (c)(1) and (2) of this section, 
owners or operators of APPUs that are flexible operations process units 
shall comply with the provisions of this subpart at all times, 
regardless of the product being manufactured. Once it has been 
determined that an emission point requires control during manufacture of 
amino/phenolic resins, that emission point shall be controlled at all 
times regardless of the product being manufactured.
    (1) When a flexible operations process unit is manufacturing a 
product in which no organic HAP are used or manufactured, the owner or 
operator is not required to comply with the provisions of this subpart 
or with the provisions of subpart A of this part during manufacture of 
that product. When requested by the Administrator, the owner or operator 
shall demonstrate that no organic HAP are used or manufactured.
    (2) When a flexible operations process unit is manufacturing a 
product subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during 
manufacture of that product (i.e., a pharmaceutical).

[65 FR 3290, Jan. 20, 2000, as amended at 83 FR 51852, Oct. 15, 2018]



Sec.  63.1404  Storage vessel provisions.

    (a) Emission standards. For each storage vessel located at a new or 
existing affected source that has a capacity of greater than or equal to 
20,000 gallons, but less than 40,000 gallons, and vapor pressure of 1.9 
pounds per square inch absolute (psia) or greater; has a capacity of 
greater than or equal to 40,000 gallons, but less than 90,000 gallons, 
and vapor pressure of 0.75 psia or greater; or has a capacity of 90,000 
gallons or greater and vapor pressure of 0.15 psia or greater, the owner 
or operator shall comply with either paragraph (a)(1) or (2) of this 
section. As an alternative to complying with paragraph (a) of this 
section, an owner or operator may comply with paragraph (b) of this 
section.
    (1) Reduce emissions of total organic HAP by 95 weight-percent. 
Control shall be achieved by venting emissions through a closed vent 
system to any combination of control devices meeting the requirements of 
40 CFR part 63, subpart SS (national emission standards for closed vent 
systems, control devices, recovery devices and routing to a fuel gas 
system or a process). When complying with the requirements of 40 CFR 
part 63, subpart SS, the following apply for purposes of this subpart:
    (i) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (ii) When 40 CFR part 63, subpart SS refers to specific test methods 
for the measurement of organic HAP concentration, the test methods 
presented in Sec.  63.1414(a) shall be used.
    (iii) The option to measure TOC instead of organic HAP, as a basis 
for demonstrating compliance, is not allowed.
    (iv) Excused excursions are not allowed.
    (v) The provisions in Sec.  63.1403(b), rather than the provisions 
in Sec.  63.982(f), are to be followed for combined vent streams.
    (vi) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.

[[Page 566]]

    (vii) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (viii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart SS and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
SS for emission points covered by 40 CFR part 63, subpart SS and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (2) Comply with the requirements of 40 CFR part 63, subpart WW 
(national emission standards for storage vessels (control level 2)). 
When complying with the requirements of 40 CFR part 63, subpart WW, the 
following apply for purposes of this subpart:
    (i) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart WW and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (ii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart WW and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
WW for emission points covered by 40 CFR part 63, subpart WW and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (b) Alternative standard. Vent all organic HAP emissions from a 
storage vessel meeting either of the capacity and vapor pressure 
criteria specified in paragraph (a) of this section to a combustion 
control device achieving an outlet organic HAP concentration of 20 ppmv 
or less or to a non-combustion control device achieving an outlet 
organic HAP concentration of 50 ppmv or less. Any storage vessels that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraph (a)(1) or (2) 
of this section.
    (c) Whenever gases or vapors containing HAP are routed from a 
storage vessel through a closed-vent system connected to a control 
device used to comply with the requirements of paragraph (a) or (b) of 
this section, the control device must be operating except as provided 
for in paragraph (c)(1) or (2) of this section.
    (1) The control device may only be bypassed for the purpose of 
performing planned routine maintenance of the control device. When the 
control device is bypassed, the owner or operator must comply with 
paragraphs (c)(1)(i) through (iii) of this section.
    (i) The control device may only be bypassed when the planned routine 
maintenance cannot be performed during periods that storage vessel 
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.
    (iii) The level of material in the storage vessel shall not be 
increased during periods that the closed-vent system or control device 
is bypassed to perform planned routine maintenance.
    (2) The gases or vapors containing HAP are routed from the storage 
vessel through a closed-vent system connected to an alternate control 
device meeting the requirements of paragraph (a)(1) or the alternative 
standard in paragraph (b) of this section.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014; 83 
FR 51852, Oct. 15, 2018]



Sec.  63.1405  Continuous process vent provisions.

    (a) Emission standards for new affected sources. For each continuous 
process

[[Page 567]]

vent located at a new affected source with a Total Resource 
Effectiveness (TRE) index value, as determined following the procedures 
specified in Sec.  63.1412(j), less than or equal to 1.2, the owner or 
operator shall comply with either paragraph (a)(1) or (2) of this 
section. As an alternative to complying with paragraph (a) of this 
section, an owner or operator may comply with paragraph (c)(1) of this 
section.
    (1) Vent all emissions of organic HAP to a flare.
    (2) Reduce emissions of total organic HAP by 85 weight-percent. 
Control shall be achieved by venting emissions through a closed vent 
system to any combination of control devices meeting the requirements of 
40 CFR part 63, subpart SS (national emission standards for closed vent 
systems, control devices, recovery devices and routing to a fuel gas 
system or process). When complying with the requirements of 40 CFR part 
63, subpart SS, the following apply for purposes of this subpart:
    (i) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (ii) When 40 CFR part 63, subpart SS refers to specific test methods 
for the measurement of organic HAP concentration, the test methods 
presented in Sec.  63.1414(a) shall be used.
    (iii) The option to measure TOC instead of organic HAP, as a basis 
for demonstrating compliance, is not allowed.
    (iv) Excused excursions are not allowed.
    (v) The provisions in Sec.  63.1403(b), rather than the provisions 
in Sec.  63.982(f), are to be followed for combined vent streams.
    (vi) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.
    (vii) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (viii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart SS and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
SS for emission points covered by 40 CFR part 63, subpart SS and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (b) Emission standards for existing affected sources. For each 
continuous process vent located at an existing affected source, the 
owner or operator shall comply with either paragraph (b)(1) or (2) of 
this section. As an alternative to complying with paragraph (b) of this 
section, an owner or operator may comply with paragraph (c)(2) of this 
section.
    (1) Vent all emissions of organic HAP to a flare.
    (2) Reduce emissions as specified in paragraphs (b)(2)(i) through 
(iii) of this section, as applicable.
    (i) The owner or operator of a back-end continuous process vent 
shall reduce total organic HAP emissions to less than or equal to 4.3 
kilograms of total organic HAP per megagram of resin produced (8.6 
pounds of total organic HAP per ton of resin produced).
    (ii) The owner or operator of a front-end reactor continuous process 
vent shall reduce total organic HAP emissions to less than or equal to 
0.28 kilograms of total organic HAP per hour (0.61 pounds of total 
organic HAP per hour).
    (iii) The owner or operator of a front-end non-reactor continuous 
process vent shall reduce total organic HAP emissions to less than or 
equal to 0.010 kilograms of total organic HAP per hour (0.022 pounds of 
total organic HAP per hour).
    (c) Alternative emission standards. As an alternative to complying 
with paragraphs (a) or (b) of this section, an owner or operator may 
comply with

[[Page 568]]

paragraph (c)(1) or (2) of this section, as appropriate.
    (1) For each continuous process vent located at a new affected 
source, the owner or operator shall vent all organic HAP emissions from 
a continuous process vent meeting the TRE value specified in paragraph 
(a) of this section to a non-flare combustion control device achieving 
an outlet organic HAP concentration of 20 ppmv or less or to a non-
combustion control device achieving an outlet organic HAP concentration 
of 50 ppmv or less. Any continuous process vents that are not vented to 
a control device meeting these conditions shall be controlled in 
accordance with the provisions of paragraph (a)(1) or (2) of this 
section.
    (2) For each continuous process vent located at an existing affected 
source, the owner or operator shall vent all organic HAP emissions from 
a continuous process vent to a non-flare combustion control device 
achieving an outlet organic HAP concentration of 20 ppmv or less or to a 
non-combustion control device achieving an outlet organic HAP 
concentration of 50 ppmv or less. Any continuous process vents that are 
not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraph (b)(1) or (2) 
of this section.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014; 83 
FR 51853, Oct. 15, 2018]



Sec.  63.1406  Reactor batch process vent provisions.

    (a) Emission standards. Owners or operators of reactor batch process 
vents located at new or existing affected sources shall comply with 
paragraph (a)(1) or (2) of this section, as appropriate. As an 
alternative to complying with paragraph (a) of this section, an owner or 
operator may comply with paragraph (b) of this section.
    (1) The owner or operator of a reactor batch process vent located at 
a new affected source shall control organic HAP emissions by complying 
with either paragraph (a)(1)(i), (ii), or (iii) of this section.
    (i) Vent all emissions of organic HAP to a flare.
    (ii) Reduce organic HAP emissions for the batch cycle by 95 weight 
percent using a control device or control technology.
    (iii) Reduce organic HAP emissions from the collection of all 
reactor batch process vents within the affected source, as a whole, to 
0.0045 kilogram of organic HAP per megagram of product or less for 
solvent-based resin production, or to 0.0004 kilogram of organic HAP per 
megagram of product or less for non-solvent-based resin production.
    (2) The owner or operator of a reactor batch process vent located at 
an existing affected source shall control organic HAP emissions by 
complying with either paragraph (a)(2)(i), (ii), or (iii) of this 
section.
    (i) Vent all emissions of organic HAP to a flare.
    (ii) Reduce organic HAP emissions for the batch cycle by 83 weight 
percent using a control device or control technology.
    (iii) Reduce organic HAP emissions from the collection of all 
reactor batch process vents within the affected source, as a whole, to 
0.0567 kilogram of organic HAP per megagram of product or less for 
solvent-based resin production, or to 0.0057 kilogram of organic HAP per 
megagram of product or less for non-solvent-based resin production.
    (b) Alternative standard. Vent all organic HAP emissions from a 
reactor batch process vent to a combustion control device achieving an 
outlet organic HAP concentration of 20 ppmv or less or to a non-
combustion control device achieving an outlet organic HAP concentration 
of 50 ppmv or less. Any reactor batch process vents that are not vented 
to a control device meeting these conditions shall be controlled in 
accordance with the provisions of paragraph (a)(1)(ii), or paragraph 
(a)(2)(ii) of this section.
    (c) Use of boiler or process heater. If a boiler or process heater 
is used to comply with the requirements of paragraph (a)(1)(i) or (ii), 
or paragraph (a)(2)(i) or (ii) of this section, the reactor batch 
process vent shall be introduced into the flame zone of such a device.

[[Page 569]]



Sec.  63.1407  Non-reactor batch process vent provisions.

    (a) Emission standards. (1) Owners or operators of non-reactor batch 
process vents located at new or existing affected sources with 0.25 tons 
per year (0.23 megagrams per year) of uncontrolled organic HAP emissions 
or greater from the collection of non-reactor batch process vents within 
the affected source shall comply with the requirements in paragraph 
(a)(2) or (3) of this section, as appropriate. As an alternative to 
complying with paragraph (a)(2) or (3) of this section, an owner or 
operator may comply with paragraph (b) of this section. Owners or 
operators shall determine uncontrolled organic HAP emissions from the 
collection of non-reactor batch process vents within the affected source 
as specified in paragraph (d) of this section. If the owner or operator 
finds that uncontrolled organic HAP emissions from the collection of 
non-reactor batch process vents within the affected source are less than 
0.25 tons per year (0.23 megagrams per year), non-reactor batch process 
vents are not subject to the control requirements of this section. 
Further, the owner or operator shall, when requested by the 
Administrator, demonstrate that organic HAP emissions for the collection 
of non-reactor batch process vents within the affected source are less 
than 0.25 tons per year (0.23 megagrams per year).
    (2) The owner or operator of a non-reactor batch process vent 
located at a new affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle by 
76 weight percent using a control device or control technology.
    (3) The owner or operator of a non-reactor batch process vent 
located at an existing affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle by 
62 weight percent using a control device or control technology.
    (b) Alternative standard. Comply with either paragraph (b)(1) or (2) 
of this section.
    (1) Control device outlet concentration. Vent all organic HAP 
emissions from a non-reactor batch process vent to a combustion control 
device achieving an outlet organic HAP concentration of 20 ppmv or less 
or to a non-combustion control device achieving an outlet organic HAP 
concentration or 50 ppmv or less. Any reactor batch process vents that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraph (a)(2) or (3) 
of this section.
    (2) Mass emission limit. Include the emissions from all non-reactor 
batch process vents in the compliance demonstration required for reactor 
batch process vents complying with the mass emission limits specified in 
Sec.  63.1406(a)(1)(iii) and (a)(2)(iii), as appropriate. This 
compliance option may only be used when the owner or operator has 
elected to comply with the mass emission limit for reactor batch process 
vents.
    (c) Use of boiler or process heater. If a boiler or process heater 
is used to comply with paragraph (a)(2)(ii) or (a)(3)(ii) of this 
section, the reactor batch process vent shall be introduced into the 
flame zone of such a device.
    (d) Determining uncontrolled organic HAP emissions. Owners or 
operators shall determine uncontrolled organic HAP emissions from the 
collection of non-reactor batch process vents within the affected source 
based on engineering assessment as described in Sec.  63.1414(d)(6).



Sec.  63.1408  Aggregate batch vent stream provisions.

    (a) Emission standards. Owners or operators of aggregate batch vent 
streams at a new or existing affected source shall comply with either 
paragraph (a)(1) or (2) of this section, as appropriate. As an 
alternative to complying with paragraph (a)(1) or (2) of this section, 
an owner or operator may comply with paragraph (b) of this section.
    (1) The owner or operator of an aggregate batch vent stream located 
at a new affected source shall:

[[Page 570]]

    (i) Vent all emissions of organic HAP to a flare; or
    (ii) Reduce organic HAP emissions by 95 weight percent or to a 
concentration of 20 ppmv when using a combustion control device or to a 
concentration of 50 ppmv when using a non-combustion control device, 
whichever is less stringent, on a continuous basis.
    (2) The owner or operator of an aggregate batch vent stream located 
at an existing affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) Reduce organic HAP emissions by 83 weight percent or to a 
concentration of 20 ppmv when using a combustion control device or to a 
concentration of 50 ppmv when using a non-combustion control device, 
whichever is less stringent, on a continuous basis.
    (b) Alternative standard. Comply with either paragraph (b)(1) or (2) 
of this section.
    (1) Control device outlet concentration. Vent all organic HAP 
emissions from an aggregate batch vent stream to a combustion control 
device achieving an outlet organic HAP concentration of 20 ppmv or less 
or to a non-combustion control device achieving an outlet organic HAP 
concentration of 50 ppmv or less. Any aggregate batch vent streams that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraphs (a)(1) or 
(a)(2) of this section.
    (2) Mass emission limit. Include the emissions from all aggregate 
batch vent streams in the compliance demonstration required for reactor 
batch process vents complying with the mass emission limits specified in 
Sec.  63.1406(a)(1)(iii) and (a)(2)(iii), as appropriate. This 
compliance option may only be used when the owner or operator has 
elected to comply with the mass emission limit for reactor batch process 
vents.



Sec.  63.1409  Heat exchange system provisions.

    (a) Unless one or more of the conditions specified in paragraphs 
(a)(1) through (6) of this section are met, owners and operators of 
sources subject to this subpart shall monitor each heat exchange system 
used to cool process equipment in an affected source, according to the 
provisions in either paragraph (b) or (c) of this section. Whenever a 
leak is detected, the owner or operator shall comply with the 
requirements in paragraph (d) of this section.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) There is an intervening cooling fluid, containing less than 5 
percent by weight of total HAP listed in column A of Table 2 of this 
subpart, between the process and the cooling water. This intervening 
fluid serves to isolate the cooling water from the process fluid, and 
the intervening fluid is not sent through a cooling tower or discharged. 
For purposes of this section, discharge does not include emptying for 
maintenance purposes.
    (3) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million or less above influent 
concentration or 10 percent or less above influent concentration, 
whichever is greater.
    (4) The once-through heat exchange system is subject to an NPDES 
permit that:
    (i) Requires monitoring of a parameter(s) or condition(s) to detect 
a leak of process fluids into cooling water;
    (ii) Specifies or includes the normal range of the parameter or 
condition;
    (iii) Requires monitoring for the parameters selected as leak 
indicators no less frequently than monthly for the first 6 months and 
quarterly thereafter; and
    (iv) Requires the owner or operator to report and correct leaks to 
the cooling water when the parameter or condition exceeds the normal 
range.
    (5) The recirculating heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total HAP listed in 
column A of Table 2 of this subpart.
    (6) The once-through heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total HAP listed in 
column B of Table 2 of this subpart.

[[Page 571]]

    (b) The owner or operator who elects to comply with the requirements 
of paragraph (a) of this section by monitoring the cooling water for the 
presence of one or more organic HAP or other representative substances 
whose presence in cooling water indicate a leak shall comply with the 
requirements specified in paragraphs (b)(1) through (6) of this section. 
The cooling water shall be monitored for total HAP, total volatile 
organic compounds, total organic carbon, one or more speciated HAP 
compounds, or other representative substances that would indicate the 
presence of a leak in the heat exchange system.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (2)(i) For recirculating heat exchange systems (cooling tower 
systems), the monitoring of speciated HAP or total HAP refers to the HAP 
listed in column A of Table 2 of this subpart.
    (ii) For once-through heat exchange systems, the monitoring of 
speciated HAP or total HAP refers to the HAP listed in column B of Table 
2 of this subpart.
    (3) The concentration of the monitored substance(s) in the cooling 
water shall be determined using any EPA-approved method listed in part 
136 of this chapter, as long as the method is sensitive to 
concentrations as low as 10 parts per million and the same method is 
used for both entrance and exit samples. Alternative methods may be used 
upon approval by the Administrator.
    (4) The samples shall be collected either at the entrance and exit 
of each heat exchange system or at locations where the cooling water 
enters and exits each heat exchanger or any combination of heat 
exchangers.
    (i) For samples taken at the entrance and exit of recirculating heat 
exchange systems, the entrance is the point at which the cooling water 
leaves the cooling tower prior to being returned to the process 
equipment, and the exit is the point at which the cooling water is 
introduced to the cooling tower after being used to cool the process 
fluid.
    (ii) For samples taken at the entrance and exit of once-through heat 
exchange systems, the entrance is the point at which the cooling water 
enters, and the exit is the point at which the cooling water exits the 
plant site or chemical manufacturing process units.
    (iii) For samples taken at the entrance and exit of each heat 
exchanger or any combination of heat exchangers, the entrance is the 
point at which the cooling water enters the individual heat exchanger or 
group of heat exchangers, and the exit is the point at which the cooling 
water exits the heat exchanger or group of heat exchangers.
    (5) A minimum of three sets of samples shall be taken at each 
entrance and exit as defined in paragraph (b)(4) of this section. The 
average entrance and exit concentrations shall then be calculated. The 
concentration shall be corrected for the addition of any makeup water or 
for any evaporative losses, as applicable.
    (6) A leak is detected if the exit mean concentration is found to be 
greater than the entrance mean concentration using a one-sided 
statistical procedure at the 0.05 level of significance, and the amount 
by which it is greater is at least 1 part per million or 10 percent of 
the entrance mean, whichever is greater.
    (c) The owner or operator who elects to comply with the requirement 
of paragraph (a) of this section by monitoring using a surrogate 
indicator of heat exchange system leaks shall comply with the 
requirements specified in paragraphs (c)(1) through (3) of this section. 
Surrogate indicators that could be used to develop an acceptable 
monitoring program are ion specific electrode monitoring, pH, 
conductivity or other representative indicators.
    (1) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall require monitoring of 
one or more surrogate indicators or monitoring of one or more process 
parameters or other conditions that indicate a leak. Monitoring that is 
already being conducted for other purposes may be used to satisfy the 
requirements of this section. The plan shall include the information 
specified in paragraphs (c)(1)(i) and (ii) of this section.

[[Page 572]]

    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or conditions(s) that constitute a leak. 
This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, a leak is 
indicated.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect leaks.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.
    (2) If a substantial leak is identified by methods other than those 
described in the monitoring plan and the method(s) specified in the plan 
could not detect the leak, the owner or operator shall revise the plan 
and document the basis for the changes. The owner or operator shall 
complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (3) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained on-site, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. If the monitoring plan is superseded, the owner or operator 
shall retain the most recent superseded plan at least until 5 years from 
the date of its creation. The superseded plan shall be retained on-site 
(or accessible from a central location by computer or other means that 
provides access within 2 hours after a request) for at least 6 months 
after its creation.
    (d) If a leak is detected according to the criteria of paragraph (b) 
or (c) of this section, the owner or operator shall comply with the 
requirements in paragraphs (d)(1) and (2) of this section, except as 
provided in paragraph (e) of this section.
    (1) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (2) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (e) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if the equipment is isolated from the process. 
Delay of repair is also allowed if repair is technically infeasible 
without a shutdown and any one of the conditions in paragraph (e)(1) or 
(2) of this section are met. All time periods in paragraphs (e)(1) and 
(2) of this section shall be determined from the date when the owner or 
operator determines that delay of repair is necessary.
    (1) If a shutdown is expected within the next 2 months, a special 
shutdown before that planned shutdown is not required.
    (2) If a shutdown is not expected within the next 2 months, the 
owner or operator may delay repair as provided in paragraph (e)(2)(i) or 
(ii) of this section. Documentation of a decision to delay repair shall 
state the reasons repair was delayed and shall specify a schedule for 
completing the repair as soon as practical.
    (i) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, the owner or operator may 
delay repair until the next shutdown of the process equipment associated 
with the leaking heat exchanger. The owner or operator shall document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delaying 
repair as specified in paragraphs (e)(2)(i)(A) and (B) of this section.
    (A) The owner or operator shall calculate the potential emissions 
from the leaking heat exchanger by multiplying the concentration of 
total HAP listed in column A of Table 2 of this subpart in the cooling 
water from the leaking

[[Page 573]]

heat exchanger by the flowrate of the cooling water from the leaking 
heat exchanger by the expected duration of the delay. The owner or 
operator may calculate potential emissions using total organic carbon 
concentration instead of total HAP listed in column A of Table 2 of this 
subpart.
    (B) The owner or operator shall determine emissions from purging and 
depressurizing the equipment that will result from the unscheduled 
shutdown for the repair.
    (ii) If repair is delayed for reasons other than those specified in 
paragraph (e)(2)(i) of this section, the owner or operator may delay 
repair up to a maximum of 120 calendar days. The owner shall demonstrate 
that the necessary parts or personnel were not available.



Sec.  63.1410  Equipment leak provisions.

    The owner or operator of each affected source shall comply with the 
requirements of 40 CFR part 63, subpart UU for all equipment, as defined 
under Sec.  63.1402, that contains or contacts 5 weight-percent HAP or 
greater and operates 300 hours per year or more, except Sec.  63.1030. 
The weight-percent HAP is determined for equipment using the organic HAP 
concentration measurement methods specified in Sec.  63.1414(a). When 
complying with the requirements of 40 CFR part 63, subpart SS, as 
referred to by 40 CFR part 63, subpart UU, the following apply for 
purposes of this subpart:
    (a) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (b) When 40 CFR part 63, subpart SS refers to specific test methods 
for the measurement of organic HAP concentration, the test methods 
presented in Sec.  63.1414(a) shall be used.
    (c) The option to measure TOC instead of organic HAP, as a basis for 
demonstrating compliance, is not allowed.
    (d) Excused excursions are not allowed.
    (e) The provisions in Sec.  63.1403(b), rather than the provisions 
in Sec.  63.982(f), are to be followed for combined vent streams.
    (f) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.
    (g) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (h) When there are conflicts between the recordkeeping and reporting 
requirements presented in 40 CFR part 63, subpart SS and this subpart, 
the owner or operator shall either follow both sets of requirements 
(i.e., follow the requirements in 40 CFR part 63, subpart SS for 
emission points covered by 40 CFR part 63, subpart SS and follow the 
requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014]



Sec.  63.1411  Requirements for pressure relief devices.

    Except as specified in paragraph (d) of this section, the owner or 
operator must comply with the requirements specified in paragraphs (a) 
and (b) of this section for pressure relief devices in organic HAP gas 
or vapor service. Except as specified in paragraph (d) of this section, 
the owner or operator must also comply with the requirements specified 
in paragraph (c) of this section for all pressure relief devices in 
organic HAP service.
    (a) 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.
    (b) Pressure release requirements. For pressure relief devices in 
organic HAP

[[Page 574]]

gas or vapor service, the owner or operator must comply with either 
paragraph (b)(1) or (2) of this section following a pressure release, as 
applicable.
    (1) 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.  63.1024(d).
    (2) 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.  63.1024(d).
    (c) Pressure release management. Except as specified in paragraph 
(d) 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 (c)(1) and (2) of this section for all pressure relief 
devices in organic HAP service.
    (1) 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:
    (i) Identifying the pressure release;
    (ii) Recording the time and duration of each pressure release; and
    (iii) 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.
    (2) If any pressure relief device in organic HAP service releases to 
atmosphere as a result of a pressure release event, the owner or 
operator must calculate the quantity of organic HAP released during each 
pressure release event and report this quantity as required in Sec.  
63.1417(f)(13)(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.
    (d) 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 (a), (b), or (c) (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.  63.1034, 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.

[79 FR 60930, Oct. 8, 2014]



Sec.  63.1412  Continuous process vent applicability assessment 
procedures and methods.

    (a) General. The provisions of this section provide procedures and 
methods for determining the applicability of the control requirements 
specified in Sec.  63.1405(a) to continuous process vents.
    (b) Sampling sites. Sampling sites shall be located as follows:
    (1) Sampling site location. The sampling site for determining 
volumetric flow rate, regulated organic HAP concentration, total organic 
HAP, net 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 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 0.33

[[Page 575]]

foot (0.10 meter) in nominal inside diameter.
    (c) Applicability assessment requirement. The organic HAP 
concentrations, volumetric flow rates, heating values, organic HAP 
emission rates, TRE index values, and engineering assessment control 
applicability assessment requirements are to be determined during 
maximum representative operating conditions for the process, except as 
provided in paragraph (d) of this section, or unless the Administrator 
specifies or approves alternate operating conditions. Operations during 
periods of malfunction shall not constitute representative conditions 
for the purpose of an applicability test.
    (d) Exceptions. The owner or operator is not required to conduct a 
test that will cause any of the following situations:
    (1) Causing damage to equipment;
    (2) Necessitating that the owner or operator make a product that 
does not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make a product in 
excess of demand.
    (e) Organic HAP concentration. The organic HAP concentrations, used 
for TRE index value calculations in paragraph (j) of this section, shall 
be determined using the procedures specified in either Sec.  63.1414(a) 
or by using the engineering assessment procedures in paragraph (k) of 
this section.
    (f) Volumetric flow rate. The volumetric flow rate shall be 
determined using the procedures specified in Sec.  63.1414(a), or by 
using the engineering assessment procedures in paragraph (k) of this 
section.
    (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 continuous process vent shall be 
calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR20JA00.000

Where:

HT = Net heating value of the sample, megaJoules 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) 
          (megaJoules per kilocalorie), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Dj = Organic HAP concentration on a wet basis of compound j 
          in parts per million, as measured by procedures indicated in 
          paragraph (e) of this section. For process vents that pass 
          through a final stream 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 of mercury.

    (2) The molar composition of the process vent (Dj) shall 
be determined using the methods specified in paragraphs (g)(2)(i) 
through (iii) of this section:
    (i) The methods specified in Sec.  63.1414(a) to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 (Reapproved 
1994) (incorporated by reference, see Sec.  63.14) 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) Organic HAP emission rate. The emission rate of organic HAP in 
the continuous process vent, as required by the TRE index value equation 
specified in paragraph (j) of this section, shall be calculated using 
Equation 2:
[GRAPHIC] [TIFF OMITTED] TR20JA00.001

Where:

E = Emission rate of organic HAP 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 = Organic HAP concentration on a dry basis of organic 
          compound j in parts per

[[Page 576]]

          million as determined by the methods specified in paragraph 
          (e) of this section.
Mj = Molecular weight of organic compound j, gram/gram-mole.
QS = Continuous process vent flow rate, dry standard cubic 
          meter per minute, at a temperature of 20 [deg]C.

    (i) [Reserved]
    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the continuous process vent using the equations and 
procedures in this paragraph, as applicable, and shall maintain records 
specified in Sec.  63.1416(f).
    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 3:
[GRAPHIC] [TIFF OMITTED] TR20JA00.002

Where:

TRE = TRE index value.
A, B, C = Coefficients presented in table 7 of this subpart.
EHAP = Emission rate of total organic HAP, kilograms per 
          hour, as calculated according to paragraph (h) or (k) of this 
          section.
QS = Continuous process vent volumetric 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 = Continuous process vent net heating value, megaJoules 
          per standard cubic meter, as calculated according to paragraph 
          (g) or (k) of this section.

    (2) TRE index calculation. The owner or operator of a continuous 
process vent shall calculate the TRE index value by using the equation 
and appropriate coefficients in Table 6 of this subpart. The owner or 
operator shall calculate the TRE index value for each control device 
scenario (i.e., flare, thermal incinerator with 0 percent recovery, 
thermal incinerator with 70 percent recovery). The lowest TRE index 
value is to be compared to the applicability criteria specified in Sec.  
63.1405(a).
    (k) Engineering assessment. For purposes of TRE index value 
determinations, engineering assessments may be used to determine 
continuous process vent flow rate, net heating value, 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.
    (1) If the TRE index value calculated using engineering assessment 
is greater than 4.0, the owner or operator is not required to perform 
the measurements specified in paragraphs (e) through (h) of this 
section.
    (2) If the TRE index value calculated using engineering assessment 
is less than or equal to 4.0, the owner or operator is required either 
to perform the measurements specified in paragraphs (e) through (h) of 
this section for control applicability assessment or comply with the 
control requirements specified in Sec.  63.1405(a).
    (3) Engineering assessment includes, but is not limited to, the 
following examples:
    (i) Previous test results, provided the tests are representative of 
current operating practices.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum volumetric flow rate, organic HAP emission rate, 
organic HAP concentration, or net heating value limit specified or 
implied within a permit limit applicable to the continuous 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, the following:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations;
    (B) Estimation of maximum volumetric flow rate based on physical 
equipment design such as pump or blower capacities;
    (C) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60931, Oct. 8, 2014; 83 
FR 51853, Oct. 15, 2018]

[[Page 577]]



Sec.  63.1413  Compliance demonstration procedures.

    (a) General. For each emission point, the owner or operator shall 
meet three stages of compliance, with exceptions specified in this 
subpart. First, the owner or operator shall conduct a performance test 
or design evaluation to demonstrate either the performance of the 
control device or control technology being used or the uncontrolled 
total organic HAP emissions rate from a continuous process vent. Second, 
the owner or operator shall meet the requirements for demonstrating 
initial compliance (e.g., a demonstration that the required percent 
reduction or emissions limit is achieved). Third, the owner or operator 
shall meet the requirements for demonstrating continuous compliance 
through some form of monitoring (e.g., continuous monitoring of 
operating parameters).
    (1) Large control devices and small control devices. A large control 
device is a control device that controls emission points with total 
emissions of 10 tons of organic HAP per year or more before control. A 
small control device is a control device that controls emission points 
with total emissions less than 10 tons of organic HAP per year before 
control.
    (i) Large control devices. Owners or operators are required to 
conduct a performance test for a large control device. The establishment 
of parameter monitoring levels shall be based on data obtained during 
the required performance test.
    (ii) Small control devices. Owners or operators are required to 
conduct a design evaluation for a small control device. An owner or 
operator may choose to conduct a performance test for a small control 
device and such a performance test shall follow the procedures specified 
in this section, as appropriate. Whenever a small control device becomes 
a large control device, the owner or operator shall conduct a 
performance test following the procedures specified in this section, as 
appropriate. Notification that such a performance test is required, the 
site-specific test plan, and the results of the performance test shall 
be provided to the Administrator as specified in Sec.  63.1417. Except 
as provided in Sec.  63.1415(a)(2), the parameter monitoring levels for 
small control devices shall be set based on the design evaluation 
required by paragraph (a)(3) of this section. Further, when setting the 
parameter monitoring level(s) based on the design evaluation, the owner 
or operator shall submit the information specified in Sec.  
63.1417(d)(7) for review and approval as part of the Precompliance 
Report.
    (iii) Uncontrolled continuous process vents. Owners or operators are 
required to conduct either a performance test or a design evaluation for 
continuous process vents that are not controlled through either a large 
or small control device.
    (2) Performance tests. Performance tests shall be conducted under 
such conditions as the Administrator specifies to the owner or operator 
based on representative performance of the affected source for the 
period being tested and in accordance with the General Provisions at 
Sec.  63.7(a)(1), (a)(3), (d), (e)(2), (e)(4), (g), and (h), with the 
exceptions specified in paragraph (a)(1) of this section. Representative 
conditions exclude periods of startup and shutdown unless specified by 
the Administrator or an applicable subpart. The owner or operator may 
not conduct performance tests during periods of malfunction. The owner 
or operator must record the process information that is necessary to 
document operating conditions during the test and include in such record 
an explanation to support that such conditions represent normal 
operation. Upon request, the owner or operator shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests. Data shall be reduced in accordance 
with the EPA approved methods specified in this subpart or, if other 
test methods are used, the data and methods shall be validated according 
to the protocol in Method 301 of Appendix A of this part.
    (i) Additional control devices not requiring performance tests. An 
owner or operator is not required to conduct a performance test when 
using one of the following control devices:
    (A) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.

[[Page 578]]

    (B) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (C) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (1) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (2) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (D) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (E) A control device for which a performance test was already 
conducted for determining compliance with another regulation promulgated 
by the EPA, provided the test was conducted using the same Methods 
specified in this section, and either no deliberate process changes have 
been made since the test, or the owner or operator can demonstrate that 
the results of the performance test, with or without adjustments, 
reliably demonstrate compliance despite process changes. Parameter 
monitoring levels established based on such a performance test may be 
used for purposes of demonstrating continuous compliance with this 
subpart.
    (ii) Exceptions to performance test requirements in the General 
Provisions. (A) Performance tests shall be conducted at maximum 
representative operating conditions achievable during either the 6-month 
period ending 2 months before the Notification of Compliance Status 
required by Sec.  63.1417(e) is due, or during the 6-month period 
surrounding the date of the performance test (i.e., the period beginning 
3 months prior to the performance test and ending 3 months after the 
performance test). In achieving maximum representative operating 
conditions, an owner or operator is not required to cause damage to 
equipment, make a product that does not meet an existing specification 
for sale to a customer, or make a product in excess of demand.
    (B) When Sec.  63.7(g) references the Notification of Compliance 
Status requirements in Sec.  63.9(h), the requirements in Sec.  
63.1417(e) shall apply for purposes of this subpart.
    (C) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec.  63.7(a)(2).
    (3) Design evaluations. As provided in paragraph (a) of this 
section, a design evaluation may be conducted to demonstrate the organic 
HAP removal efficiency for a control device or control technology, or 
the uncontrolled total organic HAP emissions rate from a continuous 
process vent. As applicable, a design evaluation shall address the 
organic HAP emissions rate from uncontrolled continuous process vents, 
the composition and organic HAP concentration of the vent stream(s) 
entering a control device or control technology, the operating 
parameters of the emission point and any control device or control 
technology, and other conditions or parameters that reflect the 
performance of the control device or control technology or the organic 
HAP emission rate from a continuous process vent. A design evaluation 
also shall address other vent stream characteristics and control device 
operating parameters as specified in any one of paragraphs (a)(3)(i) 
through (vi) of this section, for controlled vent streams, depending on 
the type of control device that is used. If the vent stream(s) is not 
the only inlet to the control device, the efficiency demonstration also 
shall consider all other vapors, gases, and liquids, other than fuels, 
received by the control device.
    (i) For a scrubber, the design evaluation shall consider the vent 
stream composition, constituent concentrations, liquid-to-vapor ratio, 
scrubbing liquid flow rate and concentration, temperature, and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream organic 
compound concentration level and include the additional information

[[Page 579]]

in paragraphs (a)(3)(i)(A) and (B) of this section for trays and a 
packed column scrubber:
    (A) Type and total number of theoretical and actual trays; and
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (ii) For a condenser, the design evaluation shall consider the vent 
stream flow rate, relative humidity, and temperature and shall establish 
the design outlet organic HAP compound concentration level, design 
average temperature of the condenser exhaust vent stream, and the design 
average temperatures of the coolant fluid at the condenser inlet and 
outlet. The temperature of the gas stream exiting the condenser shall be 
measured and used to establish the outlet organic HAP concentration.
    (iii) For a carbon adsorption system that regenerates the carbon bed 
directly onsite in the control device, such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream flow rate, relative 
humidity, and temperature and shall establish the design exhaust vent 
stream organic compound concentration level, adsorption cycle time, 
number and capacity of carbon beds, type and working capacity of 
activated carbon used for carbon beds, design total regeneration stream 
mass or volumetric flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of carbon. 
For vacuum desorption, the pressure drop shall be included.
    (iv) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device, such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval based 
on the total carbon working capacity of the control device and source 
operating schedule.
    (v) For an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 C, the design evaluation 
shall document that these conditions exist.
    (vi) For a combustion control device that does not satisfy the 
criteria in paragraph (a)(3)(v) of this section, the design evaluation 
shall address the following characteristics, depending on the type of 
control device:
    (A) For a thermal vapor incinerator, the design evaluation shall 
consider the autoignition temperature of the organic HAP, shall consider 
the vent stream flow rate, and shall establish the design minimum and 
average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream flow rate and shall establish the design 
minimum and average temperatures across the catalyst bed inlet and 
outlet.
    (C) For a boiler or process heater, the design evaluation shall 
consider the vent stream flow rate, shall establish the design minimum 
and average flame zone temperatures and combustion zone residence time, 
and shall describe the method and location where the vent stream is 
introduced into the flame zone.
    (4) Establishment of parameter monitoring levels. The owner or 
operator of a control device that has one or more parameter monitoring 
level requirements specified under this subpart, or specified under 
subparts referenced by this subpart, shall establish a maximum or 
minimum level, as denoted on Table 4 of this subpart, for each measured 
parameter using the procedures specified in paragraph (a)(4)(i) or (ii) 
of this section. Except as otherwise provided in this subpart, the owner 
or operator shall operate control devices such that the hourly average, 
daily average, batch cycle daily average, or block average of monitored 
parameters, established as specified in this paragraph, remains above 
the minimum level or below the maximum level, as appropriate.

[[Page 580]]

    (i) Establishment of parameter monitoring levels based on 
performance tests--(A) Emission points other than batch process vents. 
During initial compliance testing, the appropriate parameter shall be 
continuously monitored during the required 1-hour test runs. The 
monitoring level(s) shall then be established as the average of the 
maximum (or minimum) point values from the three test runs. The average 
of the maximum values shall be used when establishing a maximum level, 
and the average of the minimum values shall be used when establishing a 
minimum level.
    (B) Aggregate batch vent streams. For aggregate batch vent streams 
the monitoring level shall be established in accordance with paragraph 
(a)(4)(i)(A) of this section.
    (C) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in paragraphs (a)(4)(i)(C)(1) 
or (2) of this section. For batch process vents complying with the 
percent reduction standards specified in Sec.  63.1406 or Sec.  63.1407, 
parameter monitoring levels shall be established by the design 
evaluation, or during the performance test so that the specified percent 
reduction from Sec.  63.1406 or Sec.  63.1407, as appropriate, is met.
    (1) If more than one batch emission episode or more than one portion 
of a batch emission episode has been selected to be controlled, a single 
level for the batch cycle shall be calculated as follows:
    (i) During initial compliance testing, the appropriate parameter 
shall be monitored continuously and recorded once every 15 minutes at 
all times when batch emission episodes, or portions thereof, selected to 
be controlled are vented to the control device. A minimum of three 
recorded values shall be obtained for each batch emission episode, or 
portion thereof, regardless of the length of time emissions are 
occurring.
    (ii) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (iii) If the level to be established is a maximum operating 
parameter, the level shall be defined as the minimum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the batch 
emission episode, or portion thereof, which requires the lowest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that batch emission 
episode, or portion thereof, shall be the level for all batch emission 
episodes, or portions thereof, in the batch cycle that are selected to 
be controlled).
    (iv) If the level to be established is a minimum operating 
parameter, the level shall be defined as the maximum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the batch 
emission episode, or portion thereof, which requires the highest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that batch emission 
episode, or portion thereof, shall be the level for all batch emission 
episodes, or portions thereof, in the batch cycle that are selected to 
be controlled).
    (v) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values recorded 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (2) Instead of establishing a single level for the batch cycle, as 
described in paragraph (a)(4)(i)(C)(1) of this section, an owner or 
operator may establish separate levels for each batch emission episode, 
or portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraphs (a)(4)(i)(C)(1)(i) through (v) of 
this section.
    (3) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec.  63.1417(e)(2). Said definition 
shall include an identification of each batch emission episode. The 
definition of batch cycle shall also include the information required to 
determine parameter monitoring compliance for partial batch cycles 
(i.e., when part of

[[Page 581]]

a batch cycle is accomplished during 2 different operating days) for 
those parameters averaged on a batch cycle daily average basis.
    (ii) Establishment of parameter monitoring levels based on 
performance tests, engineering assessments, and/or manufacturer's 
recommendations. Parameter monitoring levels may be established based on 
the parameter values measured during the performance test supplemented 
by engineering assessments and/or manufacturer's recommendations. 
Performance testing is not required to be conducted over the entire 
range of expected parameter values. When setting the parameter 
monitoring level(s) using the procedures specified in this paragraph, 
the owner or operator shall submit the information specified in Sec.  
63.1417(d)(7) for review and approval as part of the Precompliance 
Report.
    (b) Initial and continuous compliance for storage vessels. (1) 
Initial compliance with the percent reduction standard specified in 
Sec.  63.1404(a)(1) shall be demonstrated following the procedures in 40 
CFR part 63, subpart SS.
    (2) Initial compliance with the work practice standard specified in 
Sec.  63.1404(a)(2) shall be demonstrated following the procedures in 40 
CFR part 63, subpart WW.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec.  63.1404(a)(1) shall be demonstrated following the 
procedures in 40 CFR part 63, subpart SS.
    (4) Continuous compliance with the work practice standard specified 
in Sec.  63.1404(a)(2) shall be demonstrated following the procedures in 
40 CFR part 63, subpart WW.
    (5) Initial and continuous compliance with the alternative standard 
specified in Sec.  63.1404(b) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (c) Initial and continuous compliance for continuous process vents. 
(1) Initial compliance with the percent reduction standard specified in 
Sec.  63.1405(a)(2) shall be demonstrated following the procedures in 40 
CFR part 63, subpart SS.
    (2) Initial compliance with Sec.  63.1405(a)(1) or (b)(1) (venting 
of emissions to a flare) shall be demonstrated following the procedures 
specified in paragraph (g) of this section.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec.  63.1405(a)(2) shall be demonstrated following the 
procedures in 40 CFR part 63, subpart SS.
    (4) Continuous compliance with Sec.  63.1405(a)(1) or (b)(1) 
(venting of emissions to a flare) shall be demonstrated following the 
continuous monitoring procedures specified in Sec.  63.1415.
    (5) Initial and continuous compliance with the production-based 
emission limit specified in Sec.  63.1405(b)(2)(i) shall be demonstrated 
following the procedures in paragraph (h)(1) of this section.
    (6) Initial and continuous compliance with the emission rate limits 
specified in Sec.  63.1405(b)(2)(ii) and (iii) shall be demonstrated 
following the procedures of either paragraphs (c)(6)(i) or (ii) of this 
section.
    (i) Continuous process vents meeting the emission rate limit using a 
closed vent system and a control device or recovery device or by routing 
emissions to a fuel gas system or process shall follow the procedures in 
40 CFR part 63, subpart SS. When complying with the requirements of 40 
CFR part 63, subpart SS, the following apply for purposes of this 
subpart:
    (A) The requirements specified in of Sec.  63.1405 (a)(2)(i) through 
(viii).
    (B) When 40 CFR part 63, subpart SS refers to meeting a weight-
percent emission reduction or ppmv outlet concentration requirement, 
meeting an emission rate limit in terms of kilograms of total organic 
HAP per hour shall also apply.
    (ii) Continuous process vents meeting the emission rate limit by 
means other than those specified in paragraph (c)(6)(i) of this section 
shall follow the procedures specified in paragraph (h)(2) of this 
section.
    (7) Initial and continuous compliance with the alternative standards 
specified in Sec.  63.1405(c) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (d) Initial and continuous compliance for aggregate batch vent 
streams. (1) Initial compliance with the percent reduction standard 
specified in

[[Page 582]]

Sec.  63.1408(a)(1)(ii) and (2)(ii) shall be demonstrated following the 
procedures for continuous process vents specified in paragraph (c)(1) of 
this section.
    (2) Initial compliance with Sec.  63.1408(a)(1)(i) and (2)(i) 
(venting of emissions to a flare) shall be demonstrated following the 
procedures specified in paragraph (g) of this section.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec.  63.1408(a)(1)(ii) and (2)(ii) shall be demonstrated 
following the procedures for continuous process vents specified in 
paragraph (c)(3) of this section.
    (4) Continuous compliance with Sec.  63.1408(a)(1)(i) and (a)(2)(i) 
(venting of emissions to a flare) shall be demonstrated following the 
continuous monitoring procedures specified in Sec.  63.1415.
    (5) Initial and continuous compliance with the alternative standard 
specified in Sec.  63.1408(b)(1) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (6) Initial and continuous compliance with the mass emission limit 
specified in Sec.  63.1408(b)(2) shall be demonstrated following the 
procedures in paragraph (e)(2) of this section.
    (e) Initial and continuous compliance for batch process vents--(1) 
Compliance with percent reduction standards. Owners or operators opting 
to comply with the percent reduction standards specified in Sec.  
63.1406(a)(1)(ii) and (a)(2)(ii) or Sec.  63.1407(a)(2)(ii) and 
(a)(3)(ii) shall select portions of the batch process vent emissions 
(i.e., select batch emission episodes or portions of batch emission 
episodes) to be controlled such that the specified percent reduction is 
achieved for the batch cycle. Paragraphs (e)(1)(i) and (ii) of this 
section specify how the performance of a control device or control 
technology is to be determined. Paragraph (e)(1)(iii) of this section 
specifies how to demonstrate that the required percent emission 
reduction is achieved for the batch cycle.
    (i) Design evaluation. The design evaluation shall comply with the 
provisions in paragraph (a)(3) of this section. The design evaluation 
shall include the value(s) and basis for the parameter monitoring 
level(s) required by Sec.  63.1415. The design evaluation shall 
determine either of the following:
    (A) Each batch emission episode. The control device efficiency for 
each batch emission episode that the owner or operator selects to 
control.
    (B) One or more representative batch emission episodes. The control 
device efficiency for one or more batch emission episodes provided that 
the owner or operator demonstrates that the control device achieves the 
same or higher efficiency for all other batch emission episodes that the 
owner or operator selects to control.
    (ii) Performance test. An owner or operator shall conduct 
performance tests following the procedures in paragraph (e)(1)(ii)(A) of 
this section, the procedures in paragraph (e)(1)(ii)(B) of this section, 
or a combination of the two procedures. Under paragraph (e)(1)(ii)(A) of 
this section, a performance test is conducted for each batch emission 
episode selected for control. Under paragraph (e)(1)(ii)(B) of this 
section, an owner or operator groups together several batch emission 
episodes and conducts a single performance test for the batch emission 
episode that is the most challenging, in terms of achieving emission 
reductions, for the control device or control technology; thereby 
demonstrating that the achieved emission reduction for the tested batch 
emission episode is the minimum control device or control technology 
performance expected for each batch emission episode in the group. An 
owner or operator may use the concept provided by paragraph 
(e)(1)(ii)(B) of this section for several different groups of batch 
emission episodes.
    (A) Testing each batch emission episode. A performance test shall be 
performed for each batch emission episode, or portion thereof, that the 
owner or operator selects to control. Performance tests shall be 
conducted using the testing procedures specified in Sec.  63.1414(a) and 
(b) and the following procedures:
    (1) Only one test (i.e., only one run) is required for each batch 
emission episode selected by the owner or operator for control.
    (2) Except as specified in paragraph (e)(1)(ii)(A)(3) of this 
section, the performance test shall be conducted over

[[Page 583]]

the entire period of emissions selected by the owner or operator for 
control.
    (3) An owner or operator may choose to test only those periods of 
the batch emission episode during which the emission rate for the entire 
batch emission episode can be determined or during which the organic HAP 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing either of these options 
shall develop an emission profile illustrating the emission rate 
(kilogram per unit time) over the entire batch emission episode, based 
on either process knowledge or test data, to demonstrate that test 
periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used to 
develop the emission profile provided the results are still relevant to 
the current batch process vent conditions. The emission profile shall be 
included in the site-specific test plan required by Sec.  63.1417(h)(2).
    (4) When choosing sampling sites using the methods specified in 
Sec.  63.1414(a)(1), inlet sampling sites shall be located as specified 
in paragraphs (e)(1)(ii)(A)(4)(i) and (ii) of this section. Outlet 
sampling sites shall be located at the outlet of the control device 
prior to release to the atmosphere.
    (i) The control device inlet sampling site shall be located at the 
exit from the batch unit operation after any condensers operating as 
process condensers and before any control device.
    (ii) If a batch process vent is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP 
concentrations in all batch process vents and primary and secondary 
fuels introduced into the boiler or process heater.
    (B) Testing only the most challenging batch emission episode. Under 
this paragraph, an owner or operator groups together several batch 
emission episodes and conducts a single performance test for the batch 
emission episode that is the most challenging, in terms of achieving 
emission reductions, for the control device or control technology; 
thereby demonstrating that the achieved emission reduction for the 
tested batch emission episode is the minimum control device or control 
technology performance expected for each batch emission episode in the 
group. The owner or operator shall use the control device efficiency 
determined from the performance test for all the other batch emission 
episodes in that group for purposes of paragraph (e)(2)(iii) of this 
section. Performance tests shall be conducted using the testing 
procedures specified in Sec.  63.1414(a) and (b) and the following 
procedures:
    (1) The procedures specified in paragraphs (e)(2)(ii)(A)(2) through 
(4) of this section.
    (2) Develop an emission profile illustrating the emission rate 
(kilogram/unit time) for each period of emissions to be addressed by the 
performance test. The emission profile shall be based on either process 
knowledge or test data. Examples of information that could constitute 
process knowledge include calculations based on material balances and 
process stoichiometry. Previous test results may be used to develop the 
emission profile provided the results are still relevant to the current 
batch process vent conditions. The emission profile shall be included in 
the site-specific test plan required by Sec.  63.1417(h)(2).
    (3) Provide rationale for why the control device efficiency for all 
the other batch emission episodes in the group will be greater than or 
equal to the control device efficiency achieved during the tested period 
of the most challenging batch emission episode in the group, as 
specified in the Notification of Compliance Status Report required by 
Sec.  63.1417(e).
    (iii) Batch cycle percent reduction. The percent reduction for the 
batch cycle for an individual reactor batch process vent and the overall 
percent reduction for the collection of non-reactor batch process vents 
within the affected source shall be determined using Equation 1 of this 
section and the control device efficiencies specified in paragraphs 
(e)(1)(iii)(A) through (C) of this

[[Page 584]]

section. All information used to calculate the batch cycle percent 
reduction for an individual reactor batch process vent, including a 
definition of the batch cycle identifying all batch emission episodes, 
shall be recorded as specified in Sec.  63.1416 (d)(1)(ii). All 
information used to calculate the overall percent reduction for the 
collection of non-reactor batch process vents within the affected 
source, including a list of all batch emission episodes from the 
collection of non-reactor batch process vents within the affected 
source, shall be recorded as specified in Sec.  63.1416 (d)(1)(ii). This 
information shall include identification of those batch emission 
episodes, or portions thereof, selected for control. This information 
shall include estimates of uncontrolled organic HAP emissions for those 
batch emission episodes, or portions thereof, that are not selected for 
control, determined as specified in paragraph (e)(2)(iii)(D) or (E) of 
this section.
[GRAPHIC] [TIFF OMITTED] TR20JA00.003

Where:

PR = Percent reduction.
Eunc = Mass rate of total organic HAP for uncontrolled batch 
          emission episode i, kg/hr.
Einlet, con = Mass rate of total organic HAP for controlled 
          batch emission episode i at the inlet to the control device, 
          kg/hr.
R = Control efficiency of control device as specified in paragraphs 
          (e)(1)(iii)(A) through (e)(1)(iii)(C) of this section. The 
          value of R may vary between batch emission episodes.
n = Number of uncontrolled batch emission episodes, controlled batch 
          emission episodes, and control devices. The value of n is not 
          necessarily the same for these three items.

    (A) When conducting a performance test, the control efficiency of 
the control device shall be determined following the procedures in Sec.  
63.1414(b)(4).
    (B) For combustion control devices listed in paragraphs (a)(2)(i)(A) 
and (B) of this section and for flares, the control efficiency in 
Equation 1 of this section shall be 98 percent.
    (C) If a performance test is not required, the control efficiency 
shall be based on the design evaluation specified in paragraph (e)(1)(i) 
of this section.
    (D) For batch process vents estimated through engineering 
assessment, as described in Sec.  63.1414(f)(6), to emit less than 10 
tons per year of uncontrolled organic HAP emissions, the owner or 
operator may use in Equation 1 of this section the emissions determined 
using engineering assessment or may determine organic HAP emissions 
using any of the procedures specified in Sec.  63.1414(d).
    (E) For batch process vents estimated through engineering 
assessment, as described in Sec.  63.1414(d)(6), to emit 10 tons per 
year or greater of uncontrolled organic HAP emissions, organic HAP 
emissions shall be estimated following the procedures specified in Sec.  
63.1414(d).
    (F) Owners or operators designating a condenser, sometimes operated 
as a process condenser, as a control device shall conduct inprocess 
recycling and follow the recordkeeping requirements specified in Sec.  
63.1416(d)(1)(vi).
    (iv) Initial compliance with percent reduction standards. Initial 
compliance with the percent reduction standards specified in Sec.  
63.1406(a)(1)(ii) and (2)(ii) and Sec.  63.1407(a)(2)(ii) and (3)(ii) is 
achieved when the owner or operator demonstrates, following the 
procedures in paragraphs (e)(1)(i) through (iii) of this section, that 
the required percent reduction is achieved.
    (v) Continuous compliance with percent reduction standards. 
Continuous compliance with the percent reduction standards specified in 
Sec.  63.1406(a)(1)(ii) and (2)(ii) and Sec.  63.1407(a)(2)(ii) and 
(3)(ii) shall be demonstrated following the continuous monitoring 
procedures specified in Sec.  63.1415.
    (2) Compliance with mass emission limit standards. Each owner or 
operator shall determine initial and continuous compliance with the mass 
emission limits specified in Sec.  63.1406 (a)(1)(iii) and (a)(2)(iii), 
according to the following procedures, as appropriate:
    (i) If production at an affected source is exclusively non-solvent-
based amino/phenolic resin or is exclusively solvent-based amino/
phenolic resin, or an owner or operator chooses to meet the non-solvent-
based emission limit, the owner or operator shall demonstrate

[[Page 585]]

initial and continuous compliance as follows:
    (A) Initial compliance. Initial compliance shall be based on the 
average of the first 6 monthly average emission rate data points. The 6-
month average shall be compared to the mass emission limit specified in 
Sec.  63.1406 (a)(1)(iii) and (a)(2)(iii), as appropriate.
    (B) Continuous compliance. For the first year of compliance, 
continuous compliance shall be based on a cumulative average monthly 
emission rate calculated each month based on the available monthly 
emission rate data points (e.g., 7 data points after 7 months of 
operation, 8 data points after 8 months of operation) beginning the 
first month after initial compliance is demonstrated. The first 
continuous compliance cumulative average monthly emission rate shall be 
calculated using the first 7 monthly average emission rate data points. 
After the first year of compliance, a 12-month rolling average monthly 
emission rate shall be calculated each month based on the previous 12 
monthly emission rate data points. Continuous compliance shall be 
determined by comparing the cumulative average monthly emission rate or 
the 12-month rolling average monthly emission rate to the mass emission 
limit specified in Sec.  63.1406 (a)(1)(iii) and (a)(2)(iii), as 
appropriate.
    (C) Procedures to determine the monthly emission rate. The monthly 
emission rate, kilograms of organic HAP per megagram of product, shall 
be determined at the end of each month using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.004

Where:

ER = Emission rate of organic HAP from reactor batch process vents, kg 
          of HAP/Mg product.
Ei = Emission rate of organic HAP from reactor batch process 
          vent i as determined using the procedures specified in 
          paragraph (e)(2)(i)(C)(1) of this section, kg/month.
RPm = Amount of resin produced in one month as determined 
          using the procedures specified in paragraph (e)(2)(i)(C)(4) of 
          this section, Mg/month.
n = Number of batch process vents.

    (1) The monthly emission rate of organic HAP, in kilograms per 
month, from an individual batch process vent (Ei) shall be 
determined using Equation 3 of this section. Once organic HAP emissions 
for a batch cycle (Ecyclei) have been estimated, as specified 
in either paragraph (e)(2)(i)(C)(2) or (3) of this section, the owner or 
operator may use the estimated organic HAP emissions 
(Ecyclei) to determine Ei using Equation 3 of this 
section until the estimated organic HAP emissions (Ecyclei) 
are no longer representative due to a process change or other reasons 
known to the owner or operator. If organic HAP emissions for a batch 
cycle (Ecyclei) are determined to no longer be 
representative, the owner or operator shall redetermine organic HAP 
emissions for the batch cycle (Ecyclei) following the 
procedures in paragraph (e)(2)(i)(C)(2) or (3) of this section, as 
appropriate.
[GRAPHIC] [TIFF OMITTED] TR20JA00.005

Where:

Ei = Monthly emissions from a batch process vent, kg/month.
Ni = Number of type i batch cycles performed monthly, cycles/
          month.
Ecyclei = Emissions from the batch process vent associated 
          with a single type i batch cycle, as determined using the 
          procedures specified in either paragraph (e)(2)(i)(C)(2) or 
          (3) of this section, kg/batch cycle.
n = Number of different types of batch cycles that cause the emission of 
          organic HAP from the batch process vent.

    (2) For reactor batch process vents estimated through engineering 
assessment, as described in Sec.  63.1414(d)(6), to emit less than 10 
tons per year of uncontrolled organic HAP emissions, the owner or 
operator may use the emissions determined using engineering assessment 
in Equation 3 of this section or may determine organic HAP emissions 
using any of the procedures specified in Sec.  63.1414(d). For reactor 
batch process vents estimated through engineering assessment, as 
described in Sec.  63.1414(d)(6), to emit 10 tons per year or greater of 
uncontrolled organic HAP emissions, uncontrolled organic HAP emissions 
from the batch emission episodes making up the batch cycle shall

[[Page 586]]

be estimated following the procedures specified in Sec.  63.1414(d).
    (3) For reactor batch process vents vented to a control device or 
control technology, controlled organic HAP emissions shall be determined 
as follows:
    (i) Uncontrolled organic HAP emissions shall be determined following 
the procedures in paragraph (e)(2)(i)(C)(2) of this section.
    (ii) Control device or control technology efficiency shall be 
determined using the procedures in paragraph (e)(1)(i) of this section 
for small control devices or the procedures in paragraph (e)(1)(ii) of 
this section for large control devices.
    (iii) Controlled organic HAP emissions shall be determined by 
applying the control device or control technology efficiency, determined 
in paragraph (e)(2)(i)(C)(3)(ii) of this section, to the uncontrolled 
organic HAP emissions, determined in paragraph (e)(2)(i)(C)(3)(i) of 
this section.
    (4) The rate of resin produced, RPM (Mg/month), shall be 
determined based on production records certified by the owner or 
operator to represent actual production for the month. A sample of the 
records selected by the owner or operator for this purpose shall be 
provided to the Administrator in the Precompliance Report as required by 
Sec.  63.1417(d).
    (ii) If production at an affected source reflects a mix of solvent-
based and non-solvent-based resin and the owner or operator does not 
choose to meet the non-solvent-based emission limit specified in Sec.  
63.1406 (a)(1)(iii) or (a)(2)(iii), as applicable, the owner or operator 
shall demonstrate initial and continuous compliance as follows:
    (A) Procedures for determining a site-specific emission limit. A 
site-specific emission limit shall be determined using Equation 4 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR20JA00.006

Where:

SSEL = Site specific emission limit, kg of organic HAP/Mg of product.
MGs = Megagrams of solvent-based resin product produced, megagrams.
MGns = Megagrams of non-solvent-based resin product produced, megagrams.
ELs = Emission limit for solvent-based resin product, kg organic HAP/Mg 
          solvent-based resin product.
ELns = Emission limit for non-solvent-based resin product, kg organic 
          HAP/Mg non-solvent-based resin product.

    (B) Initial compliance. For purposes of determining initial 
compliance, the site-specific emission limit shall be based on 
production for the first 6 months beginning January 20, 2000 or the 
first 6 months after initial start-up, whichever is later. Using the 
site-specific emission limit, initial compliance shall be demonstrated 
using the procedures in paragraph (e)(2)(i)(A) of this section, as 
appropriate.
    (C) Continuous compliance. For purposes of determining continuous 
compliance for the period of operation starting at the beginning of the 
7th month and ending after the 12th month, the site-specific emission 
limit shall be determined each month based on production for the 
cumulative period. For purposes of determining continuous compliance 
after the first year of production, the site-specific emission limit 
shall be determined each month based on production for a 12-month 
rolling period. Using the site-specific emission limit, continuous 
compliance shall be demonstrated using the procedures in paragraph 
(e)(2)(i)(B) of this section, as appropriate.
    (3) Compliance by venting to a flare. Initial compliance with the 
standards specified in Sec.  63.1406(a)(1)(i) and (a)(2)(i) and Sec.  
63.1407(a)(2)(i) and (a)(3)(i) shall be demonstrated following the 
procedures specified in paragraph (g) of this section. Continuous 
compliance with these standards shall be demonstrated following the 
continuous monitoring procedures specified in Sec.  63.1415.

[[Page 587]]

    (4) Compliance with alternative standard. Initial and continuous 
compliance with the alternative standard specified in Sec. Sec.  
63.1406(b) and 63.1407(b)(1) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (f) Compliance with alternative standard. Initial and continuous 
compliance with the alternative standards in Sec. Sec.  63.1404(b), 
63.1405(c), 63.1406(b), 63.1407(b)(1), and 63.1408(b)(1) are 
demonstrated when the daily average outlet organic HAP concentration is 
20 ppmv or less when using a combustion control device or 50 ppmv or 
less when using a non-combustion control device. To demonstrate initial 
and continuous compliance, the owner or operator shall follow the test 
method specified in Sec.  63.1414(a)(6) and shall be in compliance with 
the monitoring provisions in Sec.  63.1415(e) no later than the initial 
compliance date and on each day thereafter.
    (g) Flare compliance demonstrations. Notwithstanding any other 
provision of this subpart, if an owner or operator of an affected source 
uses a flare to comply with any of the requirements of this subpart, the 
owner or operator shall comply with paragraphs (g)(1) through (3) of 
this section. When using a flare to comply, the owner or operator is not 
required to conduct a performance test to determine percent emission 
reduction or outlet organic HAP concentration. If a compliance 
demonstration has been conducted previously for a flare, using the 
techniques specified in paragraphs (g)(1) through (3) of this section, 
that compliance demonstration may be used to satisfy the requirements of 
this paragraph if either no deliberate process changes have been made 
since the compliance demonstration, or the results of the compliance 
demonstration reliably demonstrate compliance despite process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec.  63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec.  63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec.  63.11(b)(7)(i) (and Sec.  63.11(b)(7)(iii), where 
applicable) or Sec.  63.11(b)(8), as appropriate.
    (h) Continuous process vent compliance at existing sources. (1) Each 
owner or operator complying with the mass emission limit specified in 
Sec.  63.1405(b)(2)(i) shall determine initial compliance as specified 
in paragraph (h)(1)(i) of this section and continuous compliance as 
specified in paragraph (h)(1)(ii) of this section.
    (i) Initial compliance. Initial compliance shall be determined by 
comparing the results of the performance test or design evaluation, as 
specified in paragraph (a)(1) of this section, to the mass emission 
limit specified in Sec.  63.1405(b)(2)(i).
    (ii) Continuous compliance. Continuous compliance shall be based on 
the daily average emission rate calculated for each operating day. The 
first continuous compliance average daily emission rate shall be 
calculated using the first 24-hour period or otherwise-specified 
operating day after the compliance date. Continuous compliance shall be 
determined by comparing the daily average emission rate to the mass 
emission limit specified in Sec.  63.1405(b)(2)(i).
    (2) As required by paragraph (c)(6)(ii) of this section, each owner 
or operator complying with the emission rate limits specified in Sec.  
63.1405(b)(2)(ii) and (iii), as applicable, by means other than those 
specified in paragraph (c)(6)(i) of this section, shall determine 
initial compliance as specified in paragraph (h)(2)(i) of this section 
and continuous compliance as specified in paragraph (h)(2)(ii) of this 
section.
    (i) Initial compliance. Initial compliance shall be determined by 
comparing the results of the performance test or design evaluation, as 
specified in paragraph (a)(1) of this section, to the emission rate 
limits specified in Sec.  63.1405(b)(2)(ii) and (iii), as applicable.
    (ii) Continuous compliance. Continuous compliance shall be based on 
the hourly average emission rate calculated for each operating day. The 
first continuous compliance average hourly emission rate shall be 
calculated using the first 24-hour period or otherwise-specified 
operating day after the compliance date. Continuous compliance shall be 
determined by comparing the average hourly emission

[[Page 588]]

rate to the emission rate limit specified in Sec.  63.1405(b)(2)(ii) or 
(iii), as applicable.
    (3) Procedures to determine continuous compliance with the mass 
emission limit specified in Sec.  63.1405(b)(2)(i).
    (i) The daily emission rate, kilograms of organic HAP per megagram 
of product, shall be determined for each operating day using Equation 5 
of this section:
[GRAPHIC] [TIFF OMITTED] TR15OC18.007

Where:

ER = Emission rate of organic HAP from continuous process vent, kg of 
          HAP/Mg product.
Ei = Emission rate of organic HAP from continuous process 
          vent i as determined using the procedures specified in 
          paragraph (h)(3)(ii) of this section, kg/day.
RPm = Amount of resin produced in one month as determined 
          using the procedures specified in paragraph (h)(3)(iii) of 
          this section, Mg/day.

    (ii) The daily emission rate of organic HAP, in kilograms per day, 
from an individual continuous process vent (Ei) shall be determined. 
Once organic HAP emissions have been estimated, as specified in 
paragraph (h)(3)(ii)(A) of this section for uncontrolled continuous 
process vents or paragraphs (h)(3)(ii)(A) and (B) of this section for 
continuous process vents vented to a control device or control 
technology, the owner or operator may use the estimated organic HAP 
emissions (Ei) until the estimated organic HAP emissions are no longer 
representative due to a process change or other reason known to the 
owner or operator. If organic HAP emissions (Ei) are determined to no 
longer be representative, the owner or operator shall redetermine 
organic HAP emissions for the continuous process vent following the 
procedures in paragraph (h)(3)(ii)(A) of this section for uncontrolled 
continuous process vents or paragraphs (h)(3)(ii)(A) and (B) of this 
section for continuous process vents vented to a control device or 
control technology.
    (A) For continuous process vents estimated through engineering 
assessment, as described in Sec.  63.1414(d)(10), to emit less than 10 
tons per year of uncontrolled organic HAP emissions, the owner or 
operator may use the emissions determined using engineering assessment 
in Equation 5 of this section or may determine organic HAP emissions 
using the procedures specified in paragraph (a)(1)(i) of this section. 
For continuous process vents estimated through engineering assessment, 
as described in Sec.  63.1414(d)(10), to emit 10 tons per year or 
greater of uncontrolled organic HAP emissions, uncontrolled organic HAP 
emissions shall be estimated following the procedures specified in 
paragraph (a)(1)(i) of this section.
    (B) For continuous process vents vented to a control device or 
control technology, controlled organic HAP emissions shall be determined 
as follows:
    (1) Uncontrolled organic HAP emissions shall be determined following 
the procedures in paragraph (h)(3)(ii)(A) of this section.
    (2) Control device or control technology efficiency shall be 
determined using the procedures in paragraph (a)(1)(i) of this section 
for large control devices or the procedures in paragraph (a)(1)(ii) of 
this section for small control devices.
    (3) Controlled organic HAP emissions shall be determined by applying 
the control device or control technology efficiency, determined in 
paragraph (h)(3)(ii)(B)(2) of this section, to the uncontrolled organic 
HAP emissions, determined in paragraph (h)(3)(ii)(B)(1) of this section.
    (iii) The rate of resin produced, RPM (Mg/day), shall be 
determined based on production records certified by the owner or 
operator to represent actual production for the day. A sample of the 
records selected by the owner or operator for this purpose shall be 
provided to the Administrator in the

[[Page 589]]

Precompliance Report as required by Sec.  63.1417(d).
    (4) Procedures to determine continuous compliance with the emission 
rate limit specified in Sec.  63.1405(b)(2)(ii) or (iii).
    (i) The hourly emission rate, kilograms of organic HAP per hour, 
shall be determined for each hour during the operating day using 
Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR15OC18.008

Where:

EH = Hourly emission rate of organic HAP 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 = Organic HAP concentration on a dry basis of organic 
          compound j in parts per million as determined by the methods 
          specified in paragraph (h)(4)(ii) of this section.
Mj = Molecular weight of organic compound j, gram/gram-mole.
QS = Continuous process vent flow rate, dry standard cubic 
          meters per minute, at a temperature of 20 [deg]C, as 
          determined by the methods specified in paragraph (h)(4)(ii) of 
          this section.

    (ii) The average hourly emission rate, kilograms of organic HAP per 
hour, shall be determined for each operating day using Equation 7 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR15OC18.009

Where:

AE = Average hourly emission rate per operating day, kilograms per hour.
n = Number of hours in the operating day.

    (ii) Continuous process vent flow rate and organic HAP concentration 
shall be determined using the procedures specified in Sec.  63.1414(a), 
or by using the engineering assessment procedures in paragraph 
(h)(4)(iii) of this section.
    (iii) Engineering assessment. For the purposes of determining 
continuous compliance with the emission rate limit specified in Sec.  
63.1405(b)(2)(ii) or (iii) using Equations 6 and 7, engineering 
assessments may be used to determine continuous process vent flow rate 
and organic HAP concentration. An engineering assessment includes, but 
is not limited to, the following examples:
    (A) Previous test results, provided the tests are representative of 
current operating practices.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum volumetric flow rate or organic HAP concentration 
specified or implied within a permit limit applicable to the continuous 
process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to, the following:
    (1) Estimation of maximum organic HAP concentrations based on 
process stoichiometry material balances or saturation conditions; and
    (2) Estimation of maximum volumetric flow rate based on physical 
equipment design, such as pump or blower capacities.
    (i) Deviations. Paragraphs (i)(1) through (4) of this section 
describe deviations from the emission limits, the operating limits, the 
work practice standards, and the emission standard, respectively. 
Paragraph (i)(5) of this section describes situations that are not 
deviations. Paragraph (i)(6) of this

[[Page 590]]

section describes periods that are excluded from compliance 
determinations.
    (1) Deviations from the emission limit. The following are deviations 
from the emission limit:
    (i) Exceedance of the condenser outlet gas temperature limit (i.e., 
having an average value higher than the established maximum level) 
monitored according to the provisions of Sec.  63.1415(b)(3);
    (ii) Exceedance of the outlet concentration (i.e., having an average 
value higher than the established maximum level) monitored according to 
the provisions of Sec.  63.1415(b)(8);
    (iii) Exceedance of the mass emission limit (i.e., having an average 
value higher than the specified limit) monitored according to the 
provisions of paragraph (e)(2) of this section for batch process vents 
and according to the provisions of paragraph (h)(1) of this section for 
continuous process vents;
    (iv) Exceedance of the organic HAP outlet concentration limit (i.e., 
having an average value higher than the specified limit) monitored 
according to the provisions of Sec.  63.1415(e); and
    (v) Exceedance of the emission rate limit (i.e., having an average 
value higher than the specified limit) determined according to the 
provisions of paragraph (h)(2) of this section.
    (2) Deviations from the operating limit. Exceedance of the 
parameters monitored according to Sec.  63.1415(b)(1), (b)(2), and 
(b)(4) through (7) are considered deviations from the operating limit. 
An exceedance of the monitored parameter has occurred if:
    (i) The parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration; or (ii) The parameter, averaged over the operating day or 
block, is above the maximum value established during the initial 
compliance demonstration.
    (3) Deviations from the work practice standard. If all flames at the 
pilot light of a flare are absent, there has been a deviation from the 
work practice standard.
    (4) Deviation from the emission standard. If monitoring data are 
insufficient, as described in paragraphs (i)(4)(i) through (iii) of this 
section, there has been a deviation from the emission standard.
    (i) The period of control device or control technology operation is 
4 hours or greater in an operating day, and monitoring data are 
insufficient to constitute a valid hour of data, as defined in paragraph 
(i)(4)(iii) of this section, for at least 75 percent of the operating 
hours;
    (ii) The period of control device or control technology 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; and
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (i)(4)(i) and (ii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour. For data compression systems approved under Sec.  
63.1417(k)(3), monitoring data are insufficient to calculate a valid 
hour of data if there are less than four data measurements made during 
the hour.
    (5) Situations that are not deviations. If any of the situations 
listed in paragraphs (i)(5)(i) or (ii) of this section occur, such 
situations shall not be considered to be deviations.
    (i) Monitoring data cannot be collected during monitoring device 
calibration check or monitoring device malfunction; or
    (ii) Monitoring data are not collected during periods of 
nonoperation of the affected source or portion thereof (resulting in 
cessation of the emissions to which the monitoring applies).
    (6) Periods not considered to be part of the period of control or 
recovery device operation. The periods listed in paragraphs (i)(6)(i) 
and (ii) of this section are not considered to be part of the period of 
control or recovery device operation for purposes of determining 
averages or periods of control device or control technology operation.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or

[[Page 591]]

    (ii) Periods of nonoperation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.

[65 FR 3290, Jan. 20, 2000, as amended at 65 FR 8768, Feb. 22, 2000; 71 
FR 20460, Apr. 20, 2006; 79 FR 60931, Oct. 8, 2014; 83 FR 51853, Oct. 
15, 2018]



Sec.  63.1414  Test methods and emission estimation equations.

    (a) Test methods. When required to conduct a performance test, the 
owner or operator shall use the test methods specified in paragraphs 
(a)(1) through (6) of this section, except where another section of this 
subpart requires either the use of a specific test method or the use of 
requirements in another subpart containing specific test method 
requirements.
    (1) Method 1 or 1A, 40 CFR part 60, appendix A, shall be used for 
selection of the sampling sites if the flow measuring device is a pitot 
tube, except that references to particulate matter in Method 1A do not 
apply for the purposes of this subpart. No traverse is necessary when 
Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas 
stream volumetric flow rate.
    (2) Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, is used for 
velocity and volumetric flow rates.
    (3) Method 3, 40 CFR part 60, appendix A, is used for gas analysis.
    (4) Method 4, 40 CFR part 60, appendix A, is used for stack gas 
moisture.
    (5) The following methods shall be used to determine the organic HAP 
concentration.
    (i) Method 316 or Method 320, 40 CFR part 60, appendix A, shall be 
used to determine the concentration of formaldehyde.
    (ii) Method 18, 40 CFR part 60, appendix A, shall be used to 
determine the concentration of all organic HAP other than formaldehyde.
    (iii) Method 308, 40 CFR part 60, appendix A, may be used as an 
alternative to Method 18 to determine the concentration of methanol.
    (6) When complying with the alternative standard, as specified in 
Sec.  63.1413(f), the owner or operator shall use a Fourier Transform 
Infrared Spectroscopy (FTIR) instrument following Method PS-15, 40 CFR 
part 60, appendix B.
    (b) Batch process vent performance testing procedures--(1) Average 
batch vent flow rate determination. The average batch vent flow rate for 
a batch emission episode shall be calculated using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.007

Where:

AFRepisode = Average batch vent flow rate for the batch 
          emission episode, scmm.
FRi = Volumetric flow rate for individual measurement i, 
          taken every 15 minutes using the procedures in paragraph 
          (a)(2) of this section, scmm.
n = Number of flow rate measurements taken during the batch emission 
          episode.

    (2) Average batch vent concentration determination using an 
integrated sample. If an integrated sample is taken over the entire 
batch emission episode to determine the average batch vent concentration 
of total organic HAP, organic HAP emissions shall be calculated using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.008

Where:

Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average batch vent concentration of sample organic HAP 
          component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
          the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream.

    (3) Average batch vent concentration determination using grab 
samples. If grab samples are taken to determine the average batch vent 
concentration of total organic HAP, organic HAP emissions shall be 
calculated as follows:
    (i) For each measurement point, the emission rate shall be 
calculated using Equation 3 of this section:

[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TR20JA00.009

Where:

Epoint = Emission rate for individual measurement point, kg/
          hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Concentration of sample organic HAP component j of the 
          gas stream, dry basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
          the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, scmm.
n = Number of organic HAP in stream.

    (ii) The organic HAP emissions per batch emission episode shall be 
calculated using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.010

Where:

episode = Emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Ei = Emissions for measurement point i, kg/hr.
n = Number of measurements.

    (4) Control device efficiency determination for a batch emission 
episode. The control efficiency for the control device shall be 
calculated using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.011

Where:

R = Control efficiency of control device, percent.
Einlet = Mass rate of total organic HAP for batch emission 
          episode i at the inlet to the control device as calculated 
          under paragraph (b)(2) or (b)(3) of this section, kg/episode.
Eoutlet = Mass rate of total organic HAP for batch emission 
          episode i at the outlet of the control device, as calculated 
          under paragraph (b)(2) or (b)(3) of this section, kg/episode.
n = Number of batch emission episodes in the batch cycle selected to be 
          controlled.

    (c) Percent oxygen correction for combustion control devices. If the 
control device is a combustion device, total organic HAP concentrations 
shall be corrected to 3 percent oxygen when supplemental combustion air 
is used to combust the emissions. The integrated sampling and analysis 
procedures of Method 3B, 40 CFR part 60, appendix A, shall be used to 
determine the actual oxygen concentration (%020). The samples 
shall be taken during the same time that the total organic HAP samples 
are taken. The concentration corrected to 3 percent oxygen 
(Cc) shall be computed using Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.012

Where:

Cc = Concentration of total organic HAP corrected to 3 
          percent oxygen, dry basis, ppmv.
Cm = Total concentration of TOC in vented gas stream, average 
          of samples, dry basis, ppmv.
%02d = Concentration of oxygen measured in vented gas stream, 
          dry basis, percent by volume.

    (d) Uncontrolled organic HAP emissions. Uncontrolled organic HAP 
emissions for individual reactor batch process vents or individual non-
reactor batch process vents shall be determined using the procedures 
specified in paragraphs (d)(1) through (8) of this section. To estimate 
organic HAP emissions from a batch emissions episode, owners or 
operators may use either the emissions estimation equations in 
paragraphs (d)(1) through (4) of this section, or direct measurement as 
specified in paragraph (d)(5) of this section. Engineering assessment 
may be used to estimate organic HAP emissions from a batch emission 
episode only under the conditions described in paragraph (d)(6) of this 
section. In using the emissions estimation equations in paragraphs 
(d)(1) through (4) of this section, individual component vapor pressure 
and molecular weight may be obtained from standard references. Methods 
to determine individual HAP partial pressures in multicomponent systems 
are described in paragraph (d)(9) of this section. Other

[[Page 593]]

variables in the emissions estimation equations may be obtained through 
direct measurement, as defined in paragraph (d)(5) of this section; 
through engineering assessment, as defined in paragraph (d)(6)(ii) of 
this section; by process knowledge; or by any other appropriate means. 
Assumptions used in determining these variables shall be documented as 
specified in Sec.  63.1417. Once organic HAP emissions for the batch 
emission episode have been determined using either the emissions 
estimation equations, direct measurement, or engineering assessment, 
organic HAP emissions from a single batch cycle shall be calculated in 
accordance with paragraph (d)(7) of this section, and annual organic HAP 
emissions from the batch process vent shall be calculated in accordance 
with paragraph (d)(8) of this section.
    (1) Emissions from purging of empty vessels. Organic HAP emissions 
from the purging of an empty vessel shall be calculated using Equation 7 
of this section. Equation 7 of this section does not take into account 
evaporation of any residual liquid in the vessel:
[GRAPHIC] [TIFF OMITTED] TR20JA00.013

Where:

Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = Total organic HAP partial pressure, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
          vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
          this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.

    (2) Emissions from purging of filled vessels. Organic HAP emissions 
from the purging of a filled vessel shall be calculated using Equation 8 
of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.014

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
          vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
          this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of individual organic HAP i, kPa.
xi = Mole fraction of organic HAP i in the liquid.
n = Number of organic HAP in stream.
Tm = Minutes/episode.

    (3) Emissions from vapor displacement. Organic HAP emissions from 
vapor displacement due to transfer of material into or out of a vessel 
shall be calculated using Equation 9 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.015

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
          vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
          this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of vessel vapor space, K.

    (4) Emissions from heating of vessels. Organic HAP emissions caused 
by the heating of a vessel shall be calculated using the procedures in 
either paragraph (d)(4)(i),(ii), or (iii) of this section, as 
appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then organic HAP emissions shall be calculated using the equations in 
paragraphs (d)(4)(i)(A) through (D) of this section.

[[Page 594]]

    (A) Organic HAP emissions caused by heating of a vessel shall be 
calculated using Equation 10 of this section. The assumptions made for 
this calculation are atmospheric pressure of 760 millimeters of mercury 
(mm Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture:
[GRAPHIC] [TIFF OMITTED] TR20JA00.016

Where:

Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial 
          pressure (kPa) of each organic HAP i in the vessel headspace 
          at initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream.
[Delta][eta] = Number of kilogram-moles (kg-moles) of gas displaced, 
          determined in accordance with paragraph (d)(4)(i)(B) of this 
          section.
101.325 = Constant, kPa.
(MWWAVG, T1), (MWWAVG, T2) = Weighted average 
          molecular weight of total organic HAP in the displaced gas 
          stream, determined in accordance with paragraph (d)(4)(i)(D) 
          of this section, kg/kmol.

    (B) The moles of gas displaced, [Delta], is calculated using 
Equation 11 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.017

Where:

[Delta][eta] = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
Pa1 = Initial noncondensible gas partial pressure in the 
          vessel, kPa.
Pa2 = Final noncondensible gas partial pressure in the 
          vessel, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 12 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.018

Where:

Pa = Initial or final partial pressure of noncondensible gas in the 
          vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of each organic HAP i in 
          the vessel headspace, kPa, at the initial or final temperature 
          (T1 or T2).
n = Number of organic HAP in stream.

    (D) The weighted average molecular weight of organic HAP in the 
displaced gas, MWwavg, shall be calculated using Equation 13 
of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.019

Where:

C = Organic HAP component

[[Page 595]]

n = Number of organic HAP components in stream.

    (ii) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then organic HAP emissions from the 
heating of a vessel shall be calculated as the sum of the organic HAP 
emissions calculated in accordance with paragraphs (d)(4)(ii)(A) and (B) 
of this section.
    (A) For the interval from the initial temperature to the temperature 
50 K below the boiling point, organic HAP emissions shall be calculated 
using Equation 10 of this section, where T2 is the 
temperature 50 K below the boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, organic HAP emissions shall be 
calculated as the summation of emissions for each 5 K increment, where 
the emissions for each increment shall be calculated using Equation 10 
of this section.
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the temperature 5 K below the boiling point, even if the last increment 
is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the process condenser, as 
defined in Sec.  63.1402, is considered part of the process. Organic HAP 
emissions shall be calculated as the sum of emissions calculated using 
Equation 10 of this section, which calculates organic HAP emissions due 
to heating the vessel contents to the temperature of the gas exiting the 
condenser, and emissions calculated using Equation 9 of this section, 
which calculates emissions due to the displacement of the remaining 
saturated noncondensible gas in the vessel. The final temperature in 
Equation 10 of this section shall be set equal to the exit gas 
temperature of the condenser. Equation 9 of this section shall be used 
as written below in Equation 14 of this section, using free space 
volume, and T is set equal to the condenser exit gas temperature:
[GRAPHIC] [TIFF OMITTED] TR20JA00.020

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
          vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
          this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of condenser exit stream, K.

    (5) Emissions determined by direct measurement. The owner or 
operator may estimate annual organic HAP emissions for a batch emission 
episode by direct measurement. The test methods and procedures specified 
in paragraphs (a) and (b) of this section shall be used for direct 
measurement. If direct measurement is used, the owner or operator shall 
perform a test for the duration of a representative batch emission 
episode. Alternatively, the owner or operator may perform a test during 
only those periods of the batch emission episode for which the emission 
rate for the entire episode can be determined or for which the emissions 
are greater than the average emission rate of the batch emission 
episode. The owner or operator choosing either of these options shall 
develop an emission profile

[[Page 596]]

illustrating the emission rate (kilogram per unit time) over the entire 
batch emission episode, based on either process knowledge or test data, 
to demonstrate that test periods are representative. Examples of 
information that could constitute process knowledge include calculations 
based on material balances and process stoichiometry. Previous test 
results may be used to develop the emission profile provided the results 
are still relevant to the current batch process vent conditions. The 
emission profile shall be included in the site-specific test plan 
required by Sec.  63.1417(h)(2).
    (6) Emissions determined by engineering assessment. To use 
engineering assessment to estimate organic HAP emissions from a batch 
emission episode, owners or operators shall comply with paragraphs 
(d)(6)(i) through (iii) of this section.
    (i) If the criteria specified in paragraphs (d)(6)(i)(A), (B), and 
(C) of this section are met for a specific batch emission episode, the 
owner or operator may use engineering assessment to estimate organic HAP 
emissions from that batch emission episode.
    (A) Previous test data, where the measurement of organic HAP 
emissions was an outcome of the test, that show a greater than 20 
percent discrepancy between the test value and the value estimated using 
the applicable equations in paragraphs (d)(1) through (4) of this 
section. Paragraphs (d)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph.
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train where the test data were obtained during production of the 
product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence of 
process steps (e.g., reaction, distillation, etc.) of the equipment in 
the other process train.
    (B) Previous test data for the batch emission episode with the 
highest organic HAP emissions on a mass basis where the measurement of 
organic HAP emissions was an outcome of the test, where data were 
obtained during the production of the product for which the 
demonstration is being made, and where the data show a greater than 20 
percent discrepancy between the test value and the value estimated using 
the applicable equations in paragraphs (d)(1) through (4) of this 
section. If the criteria in this paragraph are met, then engineering 
assessment may be used for all batch emission episodes associated with 
that batch cycle for the batch unit operation.
    (C) The owner or operator has requested and been granted approval to 
use engineering assessment to estimate organic HAP emissions from a 
batch emissions episode. The request to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode shall 
contain sufficient information and data to demonstrate to the 
Administrator that engineering assessment is an accurate means of 
estimating organic HAP emissions for that particular batch emissions 
episode. The request to use engineering assessment to estimate organic 
HAP emissions for a batch emissions episode shall be submitted in the 
Precompliance Report, as required by Sec.  63.1417(d).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices;
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions;
    (C) Flow rate or organic HAP emission rate specified or implied 
within a permit limit applicable to the batch process vent; and
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;

[[Page 597]]

    (2) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities;
    (3) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (4) Estimation of organic HAP concentrations based on grab samples 
of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (d)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (d)(6)(iii)(A) and (B) of this 
section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraphs (d)(6)(i)(A) and (B) of this section have been met shall 
be reported in the Notification of Compliance Status, as required by 
Sec.  63.1417(e)(9).
    (B) The request for approval to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode as allowed 
under paragraph (d)(6)(i)(C) of this section, and sufficient data or 
other information for demonstrating to the Administrator that 
engineering assessment is an accurate means of estimating organic HAP 
emissions for that particular batch emissions episode shall be submitted 
with the Precompliance Report, as required by Sec.  63.1417(d).
    (7) Emissions for a single batch cycle. For each batch process vent, 
the organic HAP emissions associated with a single batch cycle shall be 
calculated using Equation 15 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.021

Where:

Ecycle = Emissions for an individual batch cycle, kg/batch 
          cycle.
Eepisodei = Emissions from batch emission episode i, kg/
          episode.
n = Number of batch emission episodes for the batch cycle.

    (8) Annual emissions from a batch process vent. Annual organic HAP 
emissions from a batch process vent shall be calculated using Equation 
16 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.022

Where:

AE = Annual emissions from a batch process vent, kg/yr.
Ni = Number of type i batch cycles performed annually, 
          cycles/year.
Ecyclei = Emissions from the batch process vent 
          associated with a single type i batch cycle, as determined in 
          paragraph (d)(7) of this section, kg/batch cycle.
n = Number of different types of batch cycles that cause the emission of 
          organic HAP from the batch process vent.

    (9) Partial pressures in multicomponent systems. Individual HAP 
partial pressures in multicomponent systems shall be determined using 
the appropriate method specified in paragraphs (d)(9)(i) through (iii) 
of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law is not appropriate or 
available, the owner or operator may use any of the options in paragraph 
(d)(9)(iii)(A), (B), or (C) of this section.
    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and use 
the summation of all vapor pressures from the HAPs as the total HAP 
partial pressure.
    (10) For continuous process vent emissions determined by engineering 
assessment, the engineering assessment includes, but is not limited to, 
the examples provided in Sec.  63.1412(k)(3).

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60932, Oct. 8, 2014]



Sec.  63.1415  Monitoring requirements.

    (a) General requirements. Each owner or operator of an emission 
point located at an affected source that uses a control device to comply 
with the requirements of this subpart and has one or more parameter 
monitoring level requirement specified under this subpart, shall install 
the monitoring equipment specified in paragraph (b) of this section in 
order to demonstrate continued compliance with the provisions of this

[[Page 598]]

subpart. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (1) This monitoring equipment shall be in operation at all times 
when organic HAP emissions that are required to be controlled as part of 
complying with the emission limits specified in Sec. Sec.  63.1404, 
63.1405, 63.1406, 63.1407, and 63.1408 are vented to the control device.
    (2) For control devices controlling less than 1 ton per year of 
uncontrolled organic HAP emissions, monitoring shall consist of a daily 
verification that the control device is operating properly. If the 
control device is used to control batch process vents alone or in 
combination with other emission points, the verification may be on a per 
batch cycle basis. This verification shall include, but not be limited 
to, a daily or per batch demonstration that the control device is 
working as designed. The procedure for this demonstration shall be 
submitted for review and approval as part of the Precompliance Report, 
as required by Sec.  63.1417(d)(10).
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of subpart A, F, or G of this part.
    (b) Monitoring equipment. The monitoring equipment specified in 
paragraphs (b)(1) through (8) of this section shall be installed as 
specified in paragraph (a) of this section. The parameters to be 
monitored are specified in Table 3 of this subpart.
    (1) Where a scrubber is used, the following monitoring equipment is 
required.
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent.
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the following procedures:
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that required a determination of the liquid to gas (L/G) 
ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than malfunctions. The plan shall include a description of the 
methodology to be followed and an explanation of how the selected 
methodology will reliably determine the gas stream flow, and a 
description of the records that will be maintained to document the 
determination of gas stream flow. The owner or operator shall maintain 
the plan as specified in Sec.  63.1416(a).
    (2) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are required, 
each equipped with a continuous recorder.
    (3) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.
    (4) Where a carbon adsorber is used, an integrating regeneration 
steam flow or nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon

[[Page 599]]

bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle are required.
    (5) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
the temperature monitoring device shall be installed in the firebox or 
in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (6) Where a flare is used, a device (including but not limited to a 
thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (7) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all vent streams are introduced with the 
primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (8) As an alternate to paragraphs (b)(1) through (7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder. Said organic monitoring device 
shall meet the requirements of Performance Specification 8 or 9 of 40 
CFR part 60, appendix B, and shall be installed, calibrated, and 
maintained according to Sec.  63.6.
    (c) Alternative monitoring parameters. An owner or operator may 
request approval to monitor parameters other than those specified in 
Table 3 of this subpart. The request shall be submitted according to the 
procedures specified in Sec.  63.1417(j). Approval shall be requested if 
the owner or operator:
    (1) Uses a control device or control technology other than those 
included in paragraph (b) of this section; or
    (2) Uses one of the control devices included in paragraph (b) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 3 of this subpart.
    (d) Monitoring of bypass lines. Owners or operators using a vent 
system that contains bypass lines that could divert emissions away from 
a control device or control technology used to comply with the 
provisions of this subpart shall comply with either paragraph (d)(1) or 
(2) of this section. Equipment such as low leg drains, high point 
bleeds, analyzer vents, open-ended valves or lines, and pressure relief 
valves needed for safety purposes are not subject to this paragraph.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec.  63.1416(d)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device or control technology and to the 
atmosphere; or
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in the 
non-diverting position and emissions are not diverted through the bypass 
line. Records shall be generated as specified in Sec.  63.1416(d)(3).
    (e) Monitoring for the alternative standards. For control devices 
that are used to comply with the provisions of Sec.  63.1404(b), Sec.  
63.1405(c), Sec.  63.1406(b), Sec.  63.1407(b), or Sec.  63.1408(b) the 
owner or operator shall conduct continuous monitoring of the outlet 
organic HAP concentration whenever emissions are vented to the control 
device. Continuous monitoring of outlet organic HAP concentration shall 
be accomplished using an FTIR instrument following Method PS-15 of 40 
CFR part 60, appendix B. The owner or operator shall calculate a daily 
average outlet organic HAP concentration.

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60932, Oct. 8, 2014; 83 
FR 51856, Oct. 15, 2018]

[[Page 600]]



Sec.  63.1416  Recordkeeping requirements.

    (a) Data retention. Unless otherwise specified in this subpart, each 
owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The remaining 4 and one-half years of records may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, CD-ROM, optical disc, magnetic tape, or microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived the 
requirement of Sec.  63.10(a)(4)(ii) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of those 
reports.
    (b) Malfunction records. Records shall be kept as specified in 
paragraphs (b)(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.  63.1420(h)(4), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (c) Monitoring records. Owners or operators required to comply with 
Sec.  63.1415 and, therefore, required to keep continuous records shall 
keep records as specified in paragraphs (c)(1) through (6) of this 
section.
    (1) The owner or operator shall record either each measured data 
value or 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) average instead of all 
measured values. Owners or operators of batch process vents shall record 
each measured data value; if values are measured more frequently than 
once per minute, a single value for each minute may be recorded instead 
of all measured values.
    (2) Daily average, batch cycle daily average, or block average 
values of each continuously monitored parameter shall be calculated for 
each operating day as specified in paragraphs (c)(2)(i) and (ii) of this 
section, except as specified in paragraphs (c)(3) and (4) of this 
section. The option of conducting parameter monitoring for batch process 
vents on a batch cycle daily average basis or a block average basis is 
described in paragraph (d)(2) of this section.
    (i) The daily average value, batch cycle daily average, or block 
average shall be calculated as the average of all parameter values 
recorded during the operating day, or batch cycle, as appropriate, 
except as specified in paragraph (c)(4) of this section. For batch 
process vents, only parameter values recorded during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has selected to control in order to comply shall be 
used to calculate the average. The calculated average shall cover a 24-
hour period if operation is continuous, or the number of hours of 
operation per operating day if operation is not continuous for daily 
average values or batch cycle daily average values. The calculated 
average shall cover the entire period of the batch cycle for block 
average values. As specified in Sec.  63.1413(a)(4)(i)(C)(3), the owner 
or operator shall provide the information needed to calculate batch 
cycle daily averages for operating days that include partial batch 
cycles.

[[Page 601]]

    (ii) The operating day shall be the period the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status for purposes of determining daily average values or batch cycle 
daily average values of monitored parameters. The block shall be the 
entire period of the batch cycle, as specified by the owner or operator 
in the operating permit or the Notification of Compliance Status for 
purposes of determining block average values of monitored parameters.
    (3) If all recorded values for a monitored parameter during an 
operating day or block are above the minimum level or below the maximum 
level established in the Notification of Compliance Status or operating 
permit, the owner or operator may record that all values were above the 
minimum level or below the maximum level rather than calculating and 
recording a daily average, or block average, for that operating day. For 
these operating days or blocks, the records required in paragraph (c)(1) 
of this section shall also be retained for 5 years.
    (4) Monitoring data recorded during periods identified in paragraphs 
(c)(4)(i) and (ii) of this section shall not be included in any average 
computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
control device or recovery device or control technology operation when 
monitors are not operating:
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; and
    (ii) Periods of non-operation of the affected source (or portion 
thereof) resulting in cessation of the emissions to which the monitoring 
applies.
    (5) The owner or operator who has received approval to monitor 
different parameters, under Sec.  63.1417(j) as allowed under Sec.  
63.1415(e), than those specified for storage vessels, continuous process 
vents, or batch process vents shall retain for a period of 5 years each 
record specified in their approved Alternative Monitoring Parameters 
request.
    (6) The owner or operator who has received approval to use 
alternative continuous monitoring and recordkeeping provisions as 
specified in Sec.  63.1417(k) shall retain for a period of 5 years each 
record specified in their approved Alternative Continuous Monitoring 
request.
    (d) Batch process vent records--(1) Compliance demonstration 
records. Each owner or operator of a batch process vent complying with 
Sec.  63.1406 or Sec.  63.1407 shall keep the following records, as 
applicable, readily accessible.
    (i) If a batch process vent is seeking to demonstrate compliance 
with the alternative standard specified in Sec.  63.1406(b) or Sec.  
63.1407(b), results of the initial compliance demonstration specified in 
Sec.  63.1413(f).
    (ii) If a batch process vent is seeking to demonstrate compliance 
with the percent reduction requirements of Sec.  63.1406(a)(1)(ii) or 
Sec.  63.1407(a)(2)(ii), records documenting the batch cycle percent 
reduction or overall percent reduction, as appropriate, as specified in 
Sec.  63.1413(e)(1)(iii).
    (iii) When using a flare to comply with Sec.  63.1406(a)(1)(i) or 
Sec.  63.1407(a)(2)(i):
    (A) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
    (B) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1413(g); and
    (C) Periods when all pilot flames were absent during the compliance 
determination required by Sec.  63.1413(g).
    (iv) The following information when using a control device or 
control technology, other than a flare, to achieve compliance with the 
percent reduction requirement of Sec.  63.1406(a)(1)(ii) or Sec.  
63.1407(a)(2)(ii):
    (A) For an incinerator, non-combustion control device, or other 
control technology, the percent reduction of organic HAP achieved for 
emissions vented to the control device or control technology, as 
determined using the procedures specified in Sec.  63.1413(e)(1);
    (B) For a boiler or process heater, a description of the location at 
which the vent stream is introduced into the boiler or process heater; 
and
    (C) For a boiler or process heater with a design heat input capacity 
of less than 44 megawatts and where the vent stream is not introduced 
with the primary fuel or used as the primary

[[Page 602]]

fuel, the percent reduction of organic HAP achieved for emissions vented 
to the control device, as determined using the procedures specified in 
Sec.  63.1413(e)(1).
    (v) If a batch process vent is seeking to demonstrate compliance 
with the mass emission limits specified in Sec.  63.1406(a)(1)(iii) or 
(a)(2)(iii) or specified in Sec.  63.1407(b)(2), the following 
information:
    (A) Results of the initial compliance demonstration specified in 
Sec.  63.1413(e)(2).
    (B) The organic HAP emissions from the batch process vent associated 
with each single type of batch cycle (Ecycle i) determined as 
specified in Sec.  63.1413(e)(2).
    (C) The site-specific emission limit required by Sec.  
63.1413(e)(2), as appropriate.
    (vi) If an owner or operator designates a condenser sometimes 
operated as a process condenser as a control device, comply with either 
paragraph (d)(1)(vi)(A) or (B) of this section.
    (A) Retain information, data, analyses to document inprocess 
recycling of the material recovered when the condenser is operating as a 
control device.
    (B) When requested by the Administrator, demonstrate that material 
recovered by the condenser operating as a control device is reused in a 
manner meeting the definition of inprocess recycling.
    (2) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec.  63.1415(b) and Table 3 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices or control technologies monitored according to Sec.  
63.1417(j) as allowed under Sec.  63.1415(e), maintain documentation 
showing the establishment of the level that indicates proper operation 
of the control device or control technology as required by Sec.  
63.1415(c) for parameters specified in Sec.  63.1415(b) and as required 
by Sec.  63.1417(j) for alternate parameters. An owner or operator may 
choose to monitor operating parameters for batch process vents on a 
batch cycle daily average basis or on a block average basis. The batch 
cycle daily average is based on parameter monitoring accomplished during 
the operating day (i.e., a 24-hour basis). The block average is based on 
the parameter monitoring accomplished during a single batch cycle. As 
defined in Sec.  63.1402, the block shall be the period of time equal to 
a single batch cycle. Monitored parameter documentation shall include 
the following:
    (i) Parameter monitoring data used to establish the level.
    (ii) Identification that the parameter monitoring level is 
associated with a batch cycle daily average or a block average.
    (iii) A definition of the batch cycle or block, as appropriate.
    (3) Controlled batch process vent continuous compliance records. 
Continuous compliance records shall be kept as follows:
    (i) Each owner or operator of a batch process vent that uses a 
control device or control technology to comply with the percent 
reduction requirements of Sec.  63.1406(a)(1)(ii) or Sec.  
63.1407(a)(2)(ii) shall keep the following records, as applicable, 
readily accessible:
    (A) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.1415(b) as applicable, and 
listed in Table 3 of this subpart, or specified by the Administrator in 
accordance with Sec.  63.1417(f) as allowed under Sec.  63.1415(e). Said 
records shall be kept as specified under paragraph (c) of this section, 
except as follows:
    (1) For carbon adsorbers, the records specified in Table 3 of this 
subpart shall be maintained in place of continuous records.
    (2) For flares, the records specified in Table 4 of this subpart 
shall be maintained in place of continuous records.
    (B) Records of the batch cycle daily average value or block average 
value of each continuously monitored parameter, as specified in 
paragraph (c) of this section.
    (ii) Each owner or operator of a batch process vent that uses a 
control device or control technology to comply with Sec.  63.1406 or 
Sec.  63.1407 shall keep the following records, as applicable, readily 
accessible:
    (A) Hourly records of whether the flow indicator for bypass lines 
specified

[[Page 603]]

in Sec.  63.1415(d) was operating and whether a diversion was detected 
at any time during the hour. Also, records of the time and duration 
periods when the vent is diverted from the control device or control 
technology or the flow indicator specified in Sec.  63.1415(d) is not 
operating.
    (B) Where a seal or closure mechanism is used to comply with Sec.  
63.1415(d), hourly records of whether a diversion was detected at any 
time are not required. The owner or operator shall record whether the 
monthly visual inspection of the seals or closure mechanisms has been 
done and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (C) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation or control 
technology operation when monitors are not operating.
    (iii) Each owner or operator of a batch process vent seeking to 
demonstrate compliance with the alternative standard, as specified in 
Sec.  63.1406(b) or Sec.  63.1407(b), shall keep the records of 
continuous emissions monitoring described in Sec.  63.1416(c).
    (iv) Each owner or operator of a batch process vent seeking to 
demonstrate compliance with the mass emission limits, specified in Sec.  
63.1406(a)(1)(iii) or (a)(2)(iii), shall keep the following records, as 
applicable, readily accessible.
    (A) The cumulative average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (B) If there is a deviation from the mass emission limit, as 
specified in Sec.  63.1413(i), the individual monthly emission rate data 
points making up the cumulative average monthly emission rate or the 12-
month rolling average monthly emission rate, as appropriate.
    (C) If it becomes necessary to redetermine (Ecycle i) for 
a reactor batch process vent, as specified in Sec.  63.1413(e)(2), the 
new value(s) for (Ecycle i).
    (D) If an owner or operator is demonstrating compliance using the 
procedures in Sec.  63.1413(e)(2), the monthly value of the site-
specific emission limit developed under Sec.  63.1413(e)(2).
    (e) Aggregate batch vent stream records--(1) Compliance 
demonstration records. Each owner or operator of an aggregate batch vent 
stream complying with Sec.  63.1408(a)(1) or (2) shall keep the 
following records, as applicable, readily accessible:
    (i) If an aggregate batch vent stream is in compliance with the 
percent reduction requirements of Sec.  63.1408(a)(1)(ii) or (a)(2)(ii), 
owners or operators shall comply with the recordkeeping requirements for 
continuous process vents specified in 40 CFR part 63, subpart SS.
    (ii) If an aggregate batch vent stream is in compliance with the 
alternative standard specified in Sec.  63.1408(b), results of the 
initial compliance demonstration specified in Sec.  63.1413(f).
    (iii) When using a flare to comply with Sec.  63.1408(a)(1)(i) or 
(a)(2)(i):
    (A) The flare design (i.e., steam-assisted, air-assisted or non-
assisted).
    (B) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1413(g).
    (C) Periods when all pilot flames were absent during the compliance 
determination required by Sec.  63.1413(g).
    (iv) If an aggregate batch vent stream is seeking to comply with the 
mass emission limits specified in Sec.  63.1408(b)(2), results of the 
initial compliance demonstration specified in Sec.  63.1413(e)(2). In 
addition, for each batch process vent, the emissions associated with 
each single type of batch cycle (Ecycle i), determined as 
specified in Sec.  63.1413(e)(2), shall be recorded.
    (2) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec.  63.1415(b) and Table 3 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec.  63.1417(j) as allowed under

[[Page 604]]

Sec.  63.1415(e), maintain documentation showing the establishment of 
the level that indicates proper operation of the control device as 
required by Sec.  63.1415(c) for parameters specified in Sec.  
63.1415(b) and as required by Sec.  63.1417(j) for alternate parameters. 
Monitored parameter documentation shall include the parameter monitoring 
data used to establish the level.
    (3) Controlled aggregate batch vent streams continuous compliance 
records. The following continuous compliance records shall be kept, as 
applicable:
    (i) Each owner or operator of an aggregate batch vent stream that 
uses a control device to comply with the percent reduction requirement 
of Sec.  63.1408(a)(1)(ii) or (a)(2)(ii) shall keep the following 
records, as applicable, readily accessible:
    (A) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.1415(b) as applicable, and 
listed in Table 3 of this subpart, or specified by the Administrator in 
accordance with Sec.  63.1417(j) as allowed under Sec.  63.1415(e). 
Records shall be kept as specified under paragraph (c) of this section, 
except as follows:
    (1) For carbon adsorbers, the records specified in Table 3 of this 
subpart shall be maintained in place of continuous records.
    (2) For flares, the records specified in Table 3 of this subpart 
shall be maintained in place of continuous records.
    (B) Records of the daily average value of each continuously 
monitored parameter, as specified in paragraph (c) of this section.
    (ii) Each owner or operator of an aggregate batch vent stream that 
uses a control device to comply with paragraph Sec.  63.1408(a)(1) or 
(2) of this section shall keep the following records, as applicable, 
readily accessible:
    (A) Hourly records of whether the flow indicator for bypass lines 
specified in Sec.  63.1415(d) was operating and whether a diversion was 
detected at any time during the hour. Also, records of the times and 
durations of periods when the vent is diverted from the control device 
or the flow indicator specified in Sec.  63.1415(d) is not operating.
    (B) Where a seal or closure mechanism is used to comply with Sec.  
63.1415(d), hourly records of whether a diversion was detected at any 
time are not required. The owner or operator shall record whether the 
monthly visual inspection of the seals or closure mechanisms has been 
done, and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (C) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (iii) Each owner or operator of an aggregate batch vent stream 
seeking to demonstrate compliance with the alternative standard, as 
specified in Sec.  63.1408(b), shall keep the records of continuous 
emissions monitoring described in Sec.  63.1416(c).
    (iv) Each owner or operator of an aggregate batch vent stream 
seeking to demonstrate compliance with the mass emission limits, 
specified in Sec.  63.1408(b)(2), shall keep the following records, as 
applicable, readily accessible:
    (A) The rolling average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (B) If there is a deviation from the emission limit, as specified in 
Sec.  63.1413(i)(1), the individual monthly emission rate data points 
making up the rolling average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (C) If it becomes necessary to redetermine 
(Ecyclei) for a reactor batch process vent, as 
specified in Sec.  63.1413(e)(2), the new value(s) for 
(Ecyclei).
    (f) Continuous process vent records--(1) TRE index value records. 
Each owner or operator of a continuous process vent at a new affected 
source shall maintain records of measurements, engineering assessments, 
and calculations performed according to the procedures of Sec.  
63.1412(j) to determine the TRE index value. Documentation of 
engineering

[[Page 605]]

assessments, described in Sec.  63.1412(k), shall include all data, 
assumptions, and procedures used for the engineering assessments.
    (2) Volumetric flow rate records. Each owner or operator of a 
continuous process vent shall record the volumetric flow rate as 
measured using the sampling site and volumetric flow rate determination 
procedures (if applicable) specified in Sec.  63.1412(b) and (f) or 
determined through engineering assessment as specified in Sec.  
63.1412(k).
    (3) Organic HAP concentration records. Each owner or operator shall 
record the organic HAP concentration as measured using the sampling site 
and organic HAP concentration determination procedures (if applicable) 
specified in Sec.  63.1412(b) and (e), or determined through engineering 
assessment as specified in Sec.  63.1412(k).
    (4) Process change records. Each owner or operator of a continuous 
process vent shall keep up-to-date, readily accessible records of any 
process changes that change the control applicability for a continuous 
process vent. Records are to include any recalculation or measurement of 
the flow rate, organic HAP concentration, and TRE index value.
    (5) If a continuous process vent is seeking to demonstrate 
compliance with the mass emission limit specified in Sec.  
63.1405(b)(2)(i), keep records specified in paragraphs (f)(5)(i) through 
(iii) of this section.
    (i) The results of the initial compliance demonstration specified in 
Sec.  63.1413(h)(1)(i).
    (ii) Identification of the period of time that represents an 
operating day.
    (iii) The daily organic HAP emissions from the continuous process 
vent determined as specified in Sec.  63.1413(h)(3).
    (6) If a continuous process vent is seeking to demonstrate 
compliance with the emission rate limits specified in Sec.  
63.1405(b)(2)(ii) or (iii), keep records specified in paragraphs 
(f)(6)(i) through (iii) of this section.
    (i) The results of the initial compliance demonstration specified in 
Sec.  63.1413(h)(2)(i).
    (ii) Identification of the period of time that represents an 
operating day.
    (iii) The average hourly organic HAP emissions from the continuous 
process vent determined as specified in Sec.  63.1413(h)(4).
    (7) When using a flare to comply with Sec.  63.1405(a)(1) or (b)(1), 
keep the records specified in paragraphs (f)(7)(i) through (f)(7)(iii) 
of this section.
    (i) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.1413(g); and
    (iii) Periods when all pilot flames were absent during the 
compliance determination required by Sec.  63.1413(g).
    (g) Other records or documentation. (1) For continuous monitoring 
systems used to comply with this subpart, owners or operators shall keep 
records documenting the completion of calibration checks and records 
documenting the maintenance of continuous monitoring systems that are 
specified in the manufacturer's instructions or that are specified in 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of an affected source granted a waiver 
under Sec.  63.10(f) shall maintain any information demonstrating 
whether an affected source is meeting the requirements for a waiver of 
recordkeeping or reporting requirements.
    (3) Owners or operators using the exemption from the equipment leak 
provisions provided by Sec.  63.1400(f) shall comply with either 
paragraph (g)(3)(i) or (ii) of this section.
    (i) The owner or operator shall retain information, data, and 
analysis used to document the basis for using the exemption provided by 
Sec.  63.1400(f). Such information, data, and analysis shall be retained 
for the 12-month period preceding December 14, 1998 and for each 12-
month period the affected source is in operation and using the exemption 
provided by Sec.  63.1400(f). The beginning of each 12-month period 
shall be the anniversary of December 14, 1998.
    (ii) When requested by the Administrator, the owner or operator 
shall demonstrate that actual annual production is equal to or less than 
800

[[Page 606]]

megagrams per year of amino/phenolic resin for the 12-month period 
preceding December 14, 1998, and for each 12-month period the affected 
source has been in operation and using the exemption provided by Sec.  
63.1400(f). The beginning of each 12-month period shall be the 
anniversary of December 14, 1998.
    (4) The owner or operator of a heat exchange system located at an 
affected source shall retain the following records:
    (i) Monitoring data required by Sec.  63.1409 indicating a leak and 
the date when the leak was detected, and if demonstrated not to be a 
leak, the basis for that determination.
    (ii) Records of any leaks detected by procedures subject to Sec.  
63.1409(c)(2) and the date the leak was detected.
    (iii) The dates of efforts to repair leaks.
    (iv) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.
    (5) For pressure relief devices in organic HAP service, keep records 
of the information specified in paragraphs (g)(5)(i) through (v) of this 
section, as applicable.
    (i) 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 Sec.  63.1411(d).
    (ii) A list of identification numbers for pressure relief devices 
subject to the provisions in Sec.  63.1411(a).
    (iii) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions in Sec.  
63.1411(b)(2).
    (iv) The dates and results of the monitoring following a pressure 
release for each pressure relief device subject to the provisions in 
Sec.  63.1411(a) and (b). The results shall include:
    (A) The background level measured during each compliance test.
    (B) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (v) For pressure relief devices in organic HAP service subject to 
Sec.  63.1411(c), keep records of each pressure release to the 
atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) An estimate of the quantity of total HAP emitted during the 
pressure release and the calculations used for determining this 
quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (6) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(6)(i) through (iii) of this 
section, as applicable, for those planned routine maintenance operations 
that would require the control device not to meet the requirements of 
Sec.  63.1404(a) or (b) of this subpart.
    (i) 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.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during these 6 months that the control device did 
not meet the requirement of Sec.  63.1404 (a) or (b) of this subpart, as 
applicable, due to planned routine maintenance.
    (iii) For each storage vessel for which planned routine maintenance 
was performed during the previous 6 months, record the height of the 
liquid in the storage vessel at the time the control device is bypassed 
to conduct the planned routine maintenance and at the time the control 
device is placed back in service after completing the routine 
maintenance. These records shall include the date and time the liquid 
height was measured.
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (2) of this 
section as alternatives to the provisions specified in

[[Page 607]]

this subpart for storage vessels, continuous process vents, batch 
process vents, or aggregate batch vent streams. The owner or operator 
shall retain for a period of 5 years each record required by paragraph 
(h)(1) or (2) of this section.
    (1) The owner or operator may retain only the daily average, batch 
cycle daily average, or block average value, and is not required to 
retain more frequent values, for a parameter with respect to an item of 
equipment, if the requirements of paragraphs (h)(1)(i) through (vi) of 
this section are met. An owner or operator electing to comply with the 
requirements of paragraph (h)(1) of this section shall notify the 
Administrator in the Notification of Compliance Status Report required 
under Sec.  63.1417(e) 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.  63.1417(f)(10).
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation (e.g., a temperature reading 
of -200 [deg]C on a boiler) and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day or block 
constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the parameter values 
that have been obtained during that operating day or block, and the 
capability to observe this running average is readily available on-site 
to the Administrator during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an 
operating day or block constitute a single occurrence:
    (A) The running average is above the maximum or below the minimum 
established limits; and
    (B) The running average is based on at least six 1-hour average 
values.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation, except in circumstances where the presence 
of unchanging data is the expected operating condition based on past 
experience (e.g., pH in some scrubbers) and will alert the operator by 
alarm or other means. The owner or operator shall record the occurrence. 
All instances of the alarm or other alert in an operating day or block 
constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraphs (h)(1)(i) through (iv) of this section, at the times 
specified in paragraphs (h)(1)(v)(A) through (C). The owner or operator 
shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (D) of this section.
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of paragraph (h)(1) of this section.
    (B) A description of the applicable monitoring system(s) and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (v) of this section. The description shall identify 
the location and format (e.g., on-line storage, log entries) for each 
required record. If the description changes, the owner or operator shall 
retain, as provided in paragraph (a) of this section, except as provided 
in paragraph (h)(1)(vi)(D) of this section, both the current and the 
most recent superseded description.

[[Page 608]]

    (C) A description and the date of any change to the monitoring 
system that would reasonably be expected to impair its ability to comply 
with the requirements of paragraph (h) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current. The current description shall, at 
all times, be retained on-site or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain all superseded descriptions 
for at least 5 years after the date of their creation. Superseded 
descriptions shall be retained on-site (or accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request) for at least 6 months after their creation. Thereafter, 
superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a parameter with 
respect to an item of equipment and a period of 6 consecutive months has 
passed without any deviation as defined in paragraph (h)(2)(iv) of this 
section, the owner or operator is no longer required to record the daily 
average, batch cycle daily average, or block average value for any 
operating day when the daily average, batch cycle daily average, or 
block average value is less than the maximum or greater than the minimum 
established limit. With approval by the Administrator, monitoring data 
generated prior to the compliance date of this subpart shall be credited 
toward the period of 6 consecutive months if the parameter limit and the 
monitoring accomplished during the period prior to the compliance date 
were required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average, 
batch cycle daily average, or block average values, the owner or 
operator shall notify the Administrator in the next Periodic Report as 
specified in Sec.  63.1417(f)(11). The notification shall identify the 
parameter and unit of equipment.
    (ii) If, on any operating day or during any block after the owner or 
operator has ceased recording the daily average, batch cycle daily 
average, or block average values as provided in paragraph (h)(2) of this 
section, there is a deviation as defined in paragraph (h)(2)(iv) of this 
section, the owner or operator shall immediately resume retaining the 
daily average, batch cycle daily average, or block average value for 
each operating day and shall notify the Administrator in the next 
Periodic Report. The owner or operator shall continue to retain each 
daily average, batch cycle daily average, or block average value until 
another period of 6 consecutive months has passed without a deviation as 
defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (iv) of this section for the duration 
specified in paragraph (h) of this section. For any calendar week, if 
compliance with paragraphs (h)(1)(i) through (iv) of this section does 
not result in retention of a record of at least one occurrence or 
measured parameter value, the owner or operator shall record and retain 
at least one value during a period of operation.
    (iv) For purposes of paragraph (h)(2) of this section, a deviation 
means that the daily average, batch cycle daily average, or block 
average value of monitoring data for a parameter is greater than the 
maximum, or less than the minimum established value.

[65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20461, Apr. 20, 2006; 79 
FR 60932, Oct. 8, 2014; 83 FR 51856, Oct. 15, 2018]



Sec.  63.1417  Reporting requirements.

    (a) Reporting and notification. In addition to the reports and 
notifications required by subpart A of this part as specified in Table 1 
of this subpart, the owner or operator of an affected source shall 
prepare and submit the reports listed in paragraphs (d) through (i) of 
this section as applicable. All reports required by this subpart and the 
schedule for their submittal are listed in Table 5 of this subpart.
    (b) General. Owners and operators are required to meet the reporting 
requirements of this subpart unless they can

[[Page 609]]

demonstrate that failure to submit information required to be included 
in a specified report was due to the circumstances described in 
paragraphs (b)(1) through (3) of this section. Examples of circumstances 
where this paragraph may apply include information related to newly-
added equipment or emission points, changes in the process, changes in 
equipment required or utilized for compliance with the requirements of 
this subpart, or changes in methods or equipment for monitoring, 
recordkeeping, or reporting.
    (1) The information was not known in time for inclusion in the 
report specified by this subpart.
    (2) The owner or operator has been diligent in obtaining the 
information.
    (3) The owner or operator submits a report according to the 
provisions of paragraphs (b)(3)(i) through (iii) of this section, as 
appropriate.
    (i) If this subpart expressly provides for supplements to the report 
in which the information is required, the owner or operator shall submit 
the information as a supplement to that report. The information shall be 
submitted no later than 60 days after it is obtained, unless otherwise 
specified in this subpart.
    (ii) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an operating 
permit pursuant to 40 CFR part 70 or part 71 due to circumstances to 
which the information pertains, the owner or operator shall submit the 
information with the request for revision to the operating permit.
    (iii) In any case not addressed by paragraph (b)(3)(i) or paragraph 
(b)(3)(ii) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this subpart, 
which has a submission deadline at least 60 days after the information 
is obtained.
    (c) Submittals. All reports required under this subpart shall be 
sent to the Administrator at the appropriate address listed in Sec.  
63.13. If acceptable to both the Administrator and the owner or operator 
of an affected source, reports may be submitted on electronic media.
    (d) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring and 
recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate organic HAP emissions from a batch 
emissions episode as described in Sec.  63.1414(d)(6)(i)(C); wishing to 
establish parameter monitoring levels according to the procedures 
contained in Sec.  63.1413(a)(4)(ii); establishing parameter monitoring 
levels based on a design evaluation as specified in Sec.  63.1413(a)(3); 
or following the procedures in Sec.  63.1413(e)(2); or following the 
procedures in Sec.  63.1413(h)(3), shall submit a Precompliance Report 
according to the schedule described in paragraph (d)(1) of this section. 
The Precompliance Report shall contain the information specified in 
paragraphs (d)(2) through (11) of this section, as appropriate.
    (1) The Precompliance Report shall be submitted to the Administrator 
no later than 12 months prior to the compliance date. Unless the 
Administrator objects to a request submitted in the Precompliance Report 
within 45 days after its receipt, the request shall be deemed approved. 
For new affected sources, the Precompliance Report shall be submitted to 
the Administrator with the application for approval of construction or 
reconstruction required by Sec.  63.5(d), as specified on Table 1 of 
this subpart. Supplements to the Precompliance Report may be submitted 
as specified in paragraph (d)(11) of this section.
    (2) A request for an extension for compliance, as specified in Sec.  
63.1401(d), may be submitted in the Precompliance Report. The request 
for a compliance extension will include the data outlined in Sec.  
63.6(i)(6)(i)(A), (B), and (D), as required in Sec.  63.1401(d)(1).
    (3) The alternative monitoring parameter information required in 
paragraph (j) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other than 
those for which monitoring parameters are specified in

[[Page 610]]

this subpart or seeks to comply by monitoring a different parameter than 
those specified in this subpart.
    (4) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (k) of 
this section, the owner or operator shall submit the information 
requested in paragraph (d)(4)(i) or (ii) of this section in the 
Precompliance Report:
    (i) The owner or operator shall submit notification of the intent to 
use the provisions specified in paragraph (k) of this section; or
    (ii) The owner or operator shall submit a request for approval to 
use alternative continuous monitoring and recordkeeping provisions as 
specified in paragraph (k) of this section.
    (5) The owner or operator shall report the intent to use alternative 
controls to comply with the provisions of this subpart in the 
Precompliance Report. The Administrator may deem the alternative 
controls to be equivalent to the controls required by the standard under 
the procedures outlined in Sec.  63.6(g).
    (6) If a request for approval to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode, as 
specified in Sec.  63.1414(d)(6)(i)(C), is being made, the information 
required by Sec.  63.1414(d)(6)(iii)(B) shall be submitted in the 
Precompliance Report.
    (7) If an owner or operator elects to establish parameter monitoring 
levels according to the procedures contained in Sec.  63.1413(a)(4)(ii), 
or will be establishing parameter monitoring levels based on a design 
evaluation as specified in Sec.  63.1413(a)(3), the following 
information shall be submitted in the Precompliance Report:
    (i) Identification of which procedures (i.e., Sec.  63.1413(a)(1)(i) 
or (ii)) are to be used; and
    (ii) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec.  63.1413(a)(4)(ii) are to be 
used, a description of how performance test data will be used shall be 
included.
    (8) If an owner or operator is complying with the mass emission 
limit specified in Sec.  63.1405(b)(2)(i), the sample of production 
records specified in Sec.  63.1413(h)(3) shall be submitted in the 
Precompliance Report.
    (9) If an owner or operator is complying with the mass emission 
limit specified in Sec.  63.1406(a)(1)(iii) or (a)(2)(iii), Sec.  
63.1407(b)(2), or Sec.  63.1408(b)(2), the sample of production records 
specified in Sec.  63.1413(e)(2) shall be submitted in the Precompliance 
Report.
    (10) The procedure for a control device controlling less than 1 ton 
per year of uncontrolled organic HAP emissions shall be submitted, as 
specified in Sec.  63.1415(a)(2). Such a procedure shall meet the 
requirements specified in Sec.  63.1415(a)(2).
    (11) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (d)(11)(i) or (ii) of this section. Unless the 
Administrator objects to a request submitted in a supplement to the 
Precompliance Report within 45 days after its receipt, the request shall 
be deemed approved.
    (i) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (ii) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (j) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (k) of this 
section; to use alternative controls, as specified in paragraph (d)(5) 
of this section; to use engineering assessment to estimate organic HAP 
emissions from a batch emissions episode, as specified in paragraph 
(d)(6) of this section; or to establish parameter monitoring levels 
according to the procedures contained in Sec.  63.1413(a)(4)(ii) or 
(a)(3), as specified in paragraph (d)(7) of this section.
    (e) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted within 
150 days after the compliance dates specified in Sec.  63.1401. For 
equipment leaks, the Notification of Compliance Status shall contain the 
information specified in 40 CFR part 63, subpart UU. For storage 
vessels, continuous process vents, batch process vents, and aggregate

[[Page 611]]

batch vent streams, the Notification of Compliance Status shall contain 
the information listed in paragraphs (e)(1) through (9) of this section. 
For pressure relief devices subject to the requirements of Sec.  
63.1411(c), the owner or operator shall also submit the information 
listed in paragraph (e)(10) 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.
    (1) The results of any emission point applicability determinations, 
performance tests, design evaluations, inspections, continuous 
monitoring system performance evaluations, any other information used to 
demonstrate compliance, and any other information, as appropriate, 
required to be included in the Notification of Compliance Status under 
40 CFR part 63, subpart WW and subpart SS, as referred to in Sec.  
63.1404 for storage vessels; under 40 CFR part 63, subpart SS, as 
referred to in Sec.  63.1405 for continuous process vents; under Sec.  
63.1416(f)(1) through (3), (f)(5)(i) and (ii), and (f)(6)(i) and (ii) 
for continuous process vents; under Sec.  63.1416(d)(1) for batch 
process vents; and under Sec.  63.1416(e)(1) for aggregate batch vent 
streams. In addition, each owner or operator shall comply with 
paragraphs (e)(1)(i) and (ii) of this section.
    (i) For performance tests, applicability determinations, and 
estimates of organic HAP emissions that are based on measurements, the 
Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(1)(ii) of this section, for each 
test method used for a particular kind of emission point. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other required information 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.
    (2) For each monitored parameter for which a maximum or minimum 
level is required to be established, the Notification of Compliance 
Status shall contain the information specified in paragraphs (e)(2)(i) 
through (iv) of this section, unless this information has been 
established and provided in the operating permit.
    (i) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (ii) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates proper operation of the control 
device or control technology.
    (iii) The required information shall include a definition of the 
affected source's operating day, as specified in Sec.  
63.1416(c)(2)(ii), for purposes of determining daily average values or 
batch cycle daily average values of monitored parameters. The required 
information shall include a definition of the affected source's 
block(s), as specified in Sec.  63.1416(c)(2)(ii), for purposes of 
determining block average values of monitored parameters.
    (iv) For batch process vents, the required information shall include 
a definition of each batch cycle that requires the control of one or 
more batch emission episodes during the cycle, as specified in 
Sec. Sec.  63.1413(e)(1)(iii) and 63.1416(c)(2)(ii).
    (3) When the determination of applicability for process units, as 
made following the procedures in Sec.  63.1400(g), indicates that a 
process unit is an APPU, an identification of the APPU and a statement 
indicating that the APPU is an APPU that produces more than one intended 
product at the same time, as specified in Sec.  63.1400(g)(1), or is a 
flexible operations process unit as specified in Sec.  63.1400(g)(2) 
through (4).
    (4) [Reserved]
    (5) The results for each predominant use determination for storage 
vessels

[[Page 612]]

belonging to an affected source subject to this subpart that is made 
under Sec.  63.1400(h)(6).
    (6) Notification that the owner or operator has elected to comply 
with Sec.  63.1416(h), Reduced Recordkeeping Program.
    (7) Notification that an affected source is exempt from the 
equipment leak provisions of Sec.  63.1410 according to the provisions 
of Sec.  63.1400(f), and the affected source's actual annual production 
of amino/phenolic resins for the 12-month period preceding December 14, 
1998.
    (8) An owner or operator with a combustion device, recovery device, 
or recapture device affected by the situation described in Sec.  
63.1400(i)(5) shall identify which rule shall be complied with for 
monitoring, recordkeeping, and reporting requirements, as allowed under 
Sec.  63.1400(i)(5).
    (9) Data or other information used to demonstrate that an owner or 
operator may use engineering assessment to estimate emissions for a 
batch emission episode, as specified in Sec.  63.1414(d)(6)(iii)(A).
    (10) For pressure relief devices in organic HAP service, a 
description of the device or monitoring system to be implemented, 
including the pressure relief devices and process parameters to be 
monitored (if applicable), and a description of the alarms or other 
methods by which operators will be notified of a pressure release.
    (f) Periodic Reports. Except as specified in paragraph (f)(12) of 
this section, a report containing the information in paragraph (f)(2) of 
this section or containing the information in paragraphs (f)(3) through 
(11) and (13) through (16) of this section, as appropriate, shall be 
submitted semiannually no later than 60 days after the end of each 180 
day period. In addition, for equipment leaks subject to Sec.  63.1410, 
the owner or operator shall submit the information specified in 40 CFR 
part 63, subpart UU, and for heat exchange systems subject to Sec.  
63.1409, the owner or operator shall submit the information specified in 
Sec.  63.1409. Section 63.1415 shall govern the use of monitoring data 
to determine compliance for emissions points required to apply controls 
by the provisions of this subpart.
    (1) Except as specified in paragraph (f)(12) of this section, a 
report containing the information in paragraph (f)(2) of this section or 
containing the information in paragraphs (f)(3) through (11) and (13) 
through (16) of this section, as appropriate, shall be submitted 
semiannually no later than 60 days after the end of each 180 day period. 
The first report shall be submitted no later than 240 days after the 
date the Notification of Compliance Status is due and shall cover the 6-
month period beginning on the date the Notification of Compliance Status 
is due. Subsequent reports shall cover each preceding 6-month period.
    (2) If none of the compliance exceptions specified in paragraphs 
(f)(3) through (11) and (13) through (16) of this section occurred 
during the 6-month period, the Periodic Report required by paragraph 
(f)(1) of this section shall be a statement that the affected source was 
in compliance for the preceding 6-month period and no activities 
specified in paragraphs (f)(3) through (11) and (13) through (16) of 
this section occurred during the preceding 6-month period.
    (3) For an owner or operator of an affected source complying with 
the provisions of Sec. Sec.  63.1404 through 63.1409 for any emission 
point, Periodic Reports shall include:
    (i) All information specified in 40 CFR part 63, subpart WW and 
subpart SS for storage vessels; 40 CFR part 63, subpart SS for 
continuous process vents required to comply with subpart SS; Sec.  
63.1416(d)(3)(ii) for batch process vents; and Sec.  63.1416(e) for 
aggregate batch vent stream.
    (ii) The daily average values, batch cycle daily average values, or 
block average values of monitored parameters for deviations, as 
specified in Sec.  63.1413(i), of operating parameters. In addition, the 
periods and duration of periods when monitoring data were not collected 
shall be specified.
    (4) Notification if one or more emission point(s) or one or more 
APPU is added to an affected source. The owner or operator shall submit 
the following information:
    (i) A description of the addition to the affected source;

[[Page 613]]

    (ii) Notification of applicability status (i.e., does the emission 
point require control) of the additional emission point, if appropriate, 
or notification of all emission points in the added APPU.
    (5) If there is a deviation from the mass emission limit specified 
in Sec.  63.1406(a)(1)(iii) or (a)(2)(iii), Sec.  63.1407(b)(2), or 
Sec.  63.1408(b)(2), the following information, as appropriate, shall be 
included:
    (i) The cumulative average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (ii) The individual monthly emission rate data points making up the 
cumulative average monthly emission rate or the 12-month rolling average 
monthly emission rate, as appropriate.
    (iii) If an owner or operator is demonstrating compliance using the 
procedures in Sec.  63.1413(e)(2)(ii), the monthly value of the site-
specific emission limit.
    (6) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (i) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (e)(1)(ii) 
of this section.
    (ii) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
shall be submitted, but a complete test report is not required.
    (7) The Periodic Report shall include the results for each change 
made to a primary product determination for amino/phenolic resins made 
under Sec.  63.1400(g).
    (8) The Periodic Report shall include the results for each change 
made to a predominant use determination for a storage vessel belonging 
to an affected source subject to this subpart that is made under Sec.  
63.1400(h)(6).
    (9) If an owner or operator invokes the delay of repair provisions 
for a heat exchange system, the following information shall be 
submitted, as appropriate. If the leak remains unrepaired, the 
information shall also be submitted in each subsequent periodic report 
until repair of the leak is reported.
    (i) The presence of the leak and the date that the leak was 
detected.
    (ii) Whether or not the leak has been repaired. If the leak is 
repaired, the date the leak was successfully repaired. If the leak 
remains unrepaired, the expected date of repair.
    (iii) The reason(s) for delay of repair. If delay of repair is 
invoked due to the reasons described in Sec.  63.1409(e)(2), 
documentation of emissions estimates shall be included.
    (10) Notification that the owner or operator has elected to comply 
with Sec.  63.1416(h), Reduced Recordkeeping Program.
    (11) Notification that the owner or operator has elected to not 
retain the daily average, batch cycle daily average, or block average 
values, as appropriate, as specified in Sec.  63.1416(h)(2)(i).
    (12) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points as specified in 
paragraphs (f)(12)(i) through (iv) of this section.
    (i) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point if the 
Administrator requests the owner or operator to submit quarterly reports 
for the emission point.
    (ii) The quarterly reports shall include all information specified 
in paragraphs (f)(3) through (11) and (13) through (16) of this section 
applicable to the emission point for which quarterly reporting is 
required under paragraph (f)(12)(i) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (f)(1) of 
this section.
    (iii) Quarterly reports shall be submitted no later than 60 days 
after the end of each quarter.
    (iv) After quarterly reports have been submitted for an emission 
point for 1 year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.

[[Page 614]]

    (13) For pressure relief devices, Periodic Reports must include the 
information specified in paragraphs (f)(13)(i) through (iii) of this 
section.
    (i) For pressure relief devices in organic HAP service subject to 
Sec.  63.1411, report confirmation that all monitoring to show 
compliance was conducted within the reporting period.
    (ii) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec.  63.1411(b), 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.
    (iii) For pressure relief devices in organic HAP service subject to 
Sec.  63.1411(c), 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 total HAP 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.
    (14) If there is a deviation from the mass emission limit specified 
in Sec.  63.1405(b)(2)(i), the report shall include the daily average 
emission rate calculated for each operating day for which a deviation 
occurred.
    (15) If there is a deviation from the emission rate limit specified 
in Sec.  63.1405(b)(2)(ii) or (iii), the report shall include the 
following information for each operating day for which a deviation 
occurred:
    (i) The calculated average hourly emission rate.
    (ii) The individual hourly emission rate data points making up the 
average hourly emission rate.
    (16) For periods of storage vessel routine maintenance in which a 
control device is bypassed, the owner or operator shall submit the 
information specified in Sec.  63.1416(g)(6)(i) through (iii) of this 
subpart.
    (g) 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.
    (h) Other reports. Other reports shall be submitted as specified in 
paragraphs (h)(1) through (8) of this section.
    (1) For storage vessels, the notifications of inspections required 
by 40 CFR part 63, subpart WW shall be submitted.
    (2) A site-specific test plan shall be submitted no later than 90 
days before the planned date for a performance test. Unless the 
Administrator requests changes to the site-specific test plan within 45 
days after its receipt, the site-specific test plan shall be deemed 
approved. The test plan shall include a description of the planned test 
and rationale for why the planned performance test will provide adequate 
and representative results for demonstrating the performance of the 
control device. If required by Sec.  63.1413(e)(1) or Sec.  
63.1414(d)(5), the test plan shall include an emission profile and 
rationale for why the selected test period is representative.
    (3) 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 in order to allow the Administrator the 
opportunity to have an observer present during the test. If after 30 
days notice for an initially scheduled performance test, there is delay 
(due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected source shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (4) When the conditions of Sec.  63.1400(g)(7) or the conditions of 
Sec.  63.1400(g)(8) are met, notification of

[[Page 615]]

changes to the primary product for an APPU or process unit shall be 
submitted. When a notification is made in response to a change in the 
primary product under Sec.  63.1400(g)(7), rationale for why it is 
anticipated that no amino/phenolic resins will be produced in the 
process unit in the future shall be included.
    (5) Owners or operators of APPU or emission points (other than 
equipment leak components subject to Sec.  63.1410) that are added to 
the affected source under the provisions of Sec.  63.1400(d)(2) or (3) 
or under the provisions of Sec.  63.5(b)(6) shall submit reports as 
specified in paragraphs (h)(5)(i) through (ii) of this section.
    (i) Reports shall include:
    (A) A description of the process change or addition, as appropriate;
    (B) The planned start-up date and the appropriate compliance date; 
and
    (C) Identification of the emission points (except equipment leak 
components subject to Sec.  63.1410) specified in paragraphs 
(h)(5)(i)(C)(1) through (3) of this section, as applicable.
    (1) All the emission points in an added APPU.
    (2) All the emission points in an affected source that becomes a new 
affected source.
    (3) All the added or created emission points resulting from a 
process change.
    (ii) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
organic HAP emissions from a batch emissions episode, or wishes to 
establish parameter monitoring levels according to the procedures 
contained in Sec.  63.1413(a)(1)(ii) or (ii), a Precompliance Report 
shall be submitted no later than 180 days prior to the appropriate 
compliance date.
    (6) The information specified in paragraphs (h)(6)(i) and (ii) of 
this section shall be submitted when a small control device becomes a 
large control device, as specified in Sec.  63.1413(a)(1)(ii).
    (i) Notification that a small control device has become a large 
control device and the site-specific test plan shall be submitted within 
60 days of the date the small control device becomes a large control 
device. The site-specific test plan shall include the information 
specified in paragraph (h)(2) of this section. Approval of the site-
specific test plan shall follow paragraph (h)(2) of this section.
    (ii) Results of the performance test required by Sec.  
63.1413(a)(1)(ii) shall be submitted within 150 days of the date the 
small control device becomes a large control device.
    (7) Whenever a continuous process vent becomes subject to control 
requirements under Sec.  63.1405, 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 
paragraph (f) of this section.
    (i) The report shall include the following information:
    (A) A description of the process change;
    (B) The results of the recalculation of the organic HAP 
concentration, volumetric flow rate, and or TRE index value required 
under Sec.  63.1412 and recorded under Sec.  63.1416(f).
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec.  63.1405.
    (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 paragraph (h)(3) of this section.
    (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 paragraph (f) 
of this section.
    (8) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2), the owner 
or operator must submit the results of the performance tests, including 
any associated fuel analyses, required by this subpart according to the 
methods specified in paragraphs (h)(8)(i) or (ii) of this section.

[[Page 616]]

    (i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of the 
performance test to the EPA by direct computer-to-computer electronic 
transfer via EPA-provided software, unless otherwise approved by the 
Administrator. Owners or operators, who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI), must submit a complete file using EPA-
provided software that includes information claimed to be CBI on a 
compact 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.
    (i) Operating permit application. An owner or operator who submits 
an operating permit application instead of a Precompliance Report shall 
submit the information specified in paragraph (d) of this section, 
Precompliance Report, as applicable.
    (j) Alternative monitoring parameters. The owner or operator who has 
been directed by any section of this subpart or any section of another 
subpart referenced by this subpart that expressly referenced this 
paragraph (j) to set unique monitoring parameters, or who requests 
approval to monitor a different parameter than those specified in Sec.  
63.1415(b), shall submit the information specified in paragraphs (j)(1) 
through (3) of this section in the Precompliance Report, as required by 
paragraph (d) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, or control technology is operated in conformance with its design 
and achieves the specified emission limit or percent reduction and an 
explanation of the criteria used to select the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(j)(3)(i) or (ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (k) Alternative continuous monitoring. An owner or operator choosing 
not to implement the monitoring provisions specified in Sec.  63.1415 
for storage vessels, continuous process vents, batch process vents, or 
aggregate batch vent streams may instead request approval to use 
alternative continuous monitoring provisions according to the procedures 
specified in paragraphs (k)(1) through (4) of this section. Requests 
shall be submitted in the Precompliance Report as specified in paragraph 
(d)(4) of this section if not already included in the operating permit 
application and shall contain the information specified in paragraphs 
(k)(2)(i) and (ii) of this section, as applicable.

[[Page 617]]

    (1) The provisions in Sec.  63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once every 15 minutes and that does not generate 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring in accordance with paragraphs (k)(2)(i) 
and (ii) of this section.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average (or batch cycle daily average) values shall 
be calculated from these hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability of 
the specific process and control or recovery device operating parameter 
being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values, in accordance with paragraphs (k)(3)(i) 
and (ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Except for the monitoring of batch process vents, calculate 
hourly average values each hour during periods of operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average, batch cycle daily average, or block 
average values of the monitored operating parameter based on all 
measured data; and
    (F) If the daily average is not a deviation, as defined in Sec.  
63.1413(i), from the operating parameter, the data for that operating 
day may be converted to hourly average values, and the four or more 
individual records for each hour in the operating day may be discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(k)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec.  63.8(f)(4).

[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60933, Oct. 8, 2014; 83 
FR 51856, Oct. 15, 2018]



Sec.  63.1418  [Reserved]



Sec.  63.1419  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

[[Page 618]]

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.  
63.1400 through 63.1401 and 63.1404 through 63.1410. 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 37359, June 23, 2003]



    Sec. Table 1 to Subpart OOO of Part 63--Applicability of General 
               Provisions to Subpart OOO Affected Sources

------------------------------------------------------------------------
                                    Applies to
           Reference               subpart OOO          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes..............  Sec.   63.1402
                                                    specifies
                                                    definitions in
                                                    addition to or that
                                                    supersede
                                                    definitions in Sec.
                                                     63.2.
63.1(a)(2)....................  Yes..............
63.1(a)(3)....................  Yes..............  Sec.   63.1401(i)
                                                    identifies those
                                                    standards which
                                                    overlap with the
                                                    requirements of
                                                    subpart OOO of this
                                                    part and specify how
                                                    compliance shall be
                                                    achieved.
63.1(a)(4)....................  Yes..............  Subpart OOO (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A of this
                                                    part.
63.1(a)(5)....................  No...............  [Reserved].
63.1(a)(6)....................  Yes..............
63.1(a)(7)-63.1(a)(9).........  No...............  [Reserved].
63.1(a)(10)...................  Yes..............
63.1(a)(11)...................  Yes..............
63.1(a)(12)-63.1(a)(14).......  Yes..............
63.1(b)(1)....................  No...............
63.1(b)(2)....................  Yes..............
63.1(b)(3)....................  No...............  Sec.   63.1400(e)
                                                    provides
                                                    documentation
                                                    requirements for
                                                    APPUs not considered
                                                    affected sources.
63.1(c)(1)....................  Yes..............  Subpart OOO (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A of this
                                                    part.
63.1(c)(2)....................  No...............  Area sources are not
                                                    subject to this
                                                    subpart.
63.1(c)(3)....................  No...............  [Reserved].
63.1(c)(4)....................  No...............  [Reserved].
63.1(c)(5)....................  Yes..............  Except that affected
                                                    sources are not
                                                    required to submit
                                                    notifications
                                                    overridden by this
                                                    table.
63.1(c)(6)....................  Yes..............
63.1(d).......................  No...............  [Reserved].
63.1(e).......................  Yes..............
63.2..........................  Yes..............  Sec.   63.1402
                                                    specifies the
                                                    definitions from
                                                    subpart A of this
                                                    part that apply to
                                                    this subpart.
63.3..........................  Yes..............
63.4(a)(1)-63.4(a)(3).........  Yes..............
63.4(a)(4)....................  No...............  [Reserved].
63.4(a)(5)....................  Yes..............
63.4(b).......................  Yes..............
63.4(c).......................  Yes..............
63.5(a)(1)....................  Yes..............  Except the terms
                                                    ``source'' and
                                                    ``stationary
                                                    source'' should be
                                                    interpreted as
                                                    having the same
                                                    meaning as
                                                    ``affected source.''

[[Page 619]]

 
63.5(a)(2)....................  Yes..............
63.5(b)(1)....................  Yes..............  Except Sec.
                                                    63.1400(d) specifies
                                                    when construction or
                                                    reconstruction is
                                                    subject to new
                                                    source standards.
63.5(b)(2)....................  No...............  [Reserved].
63.5(b)(3)....................  Yes..............
63.5(b)(4)....................  Yes..............  Except that the
                                                    Initial Notification
                                                    and Sec.   63.9(b)
                                                    requirements do not
                                                    apply.
63.5(b)(5)....................  Yes..............
63.5(b)(6)....................  Yes..............  Except that Sec.
                                                    63.1400(d) specifies
                                                    when construction or
                                                    reconstruction is
                                                    subject to new
                                                    source standards.
63.5(c).......................  No...............  [Reserved].
63.5(d)(1)(i).................  Yes..............  Except that the
                                                    references to the
                                                    Initial Notification
                                                    and Sec.
                                                    63.9(b)(5) do not
                                                    apply.
63.5(d)(1)(ii)................  Yes..............  Except that Sec.
                                                    63.5(d)(1)(ii)(H)
                                                    does not apply.
63.5(d)(1)(iii)...............  No...............  Sec.   63.1417(e)
                                                    specifies
                                                    Notification of
                                                    Compliance Status
                                                    requirements.
63.5(d)(2)....................  No...............
63.5(d)(3)....................  Yes..............  Except Sec.
                                                    63.5(d)(3)(ii) does
                                                    not apply, and
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.1410 are exempt.
63.5(d)(4)....................  Yes..............
63.5(e).......................  Yes..............
63.5(f)(1)....................  Yes..............
63.5(f)(2)....................  Yes..............  Except that where
                                                    Sec.   63.9(b)(2) is
                                                    referred to, the
                                                    owner or operator
                                                    need not comply.
63.6(a).......................  Yes..............
63.6(b)(1)....................  Yes..............
63.6(b)(2)....................  Yes..............
63.6(b)(3)....................  Yes..............
63.6(b)(4)....................  Yes..............
63.6(b)(5)....................  Yes..............
63.6(b)(6)....................  No...............  [Reserved].
63.6(b)(7)....................  No...............
63.6(c)(1)....................  Yes..............  Except that Sec.
                                                    63.1401 specifies
                                                    the compliance date.
63.6(c)(2)....................  No...............
63.6(c)(3)....................  No...............  [Reserved].
63.6(c)(4)....................  No...............  [Reserved].
63.6(c)(5)....................  Yes..............
63.6(d).......................  No...............  [Reserved].
63.6(e).......................  Yes..............  Except as otherwise
                                                    specified in this
                                                    table.
63.6(e)(1)(i).................  No...............  See Sec.
                                                    63.1400(k)(4) for
                                                    general duty
                                                    requirement.
63.6(e)(1)(ii)................  No...............
63.6(e)(1)(iii)...............  Yes..............
63.6(e)(2)....................  Yes..............
63.6(e)(3)....................  No...............
63.6(f)(1)....................  No...............
63.6(f)(2)....................  Yes..............  Except Sec.
                                                    63.7(c), as referred
                                                    to in Sec.
                                                    63.6(f)(2)(iii)(D),
                                                    does not apply, and
                                                    except that Sec.
                                                    63.6(f)(2)(ii) does
                                                    not apply to
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.1410.
63.6(f)(3)....................  Yes..............
63.6(g).......................  Yes..............
63.6(h).......................  No...............  This subpart OOO does
                                                    not require opacity
                                                    and visible emission
                                                    standards.
63.6(i)(1)....................  Yes..............
63.6(i)(2)....................  Yes..............
63.6(i)(3)....................  Yes..............
63.6(i)(4)(i)(A)..............  Yes..............
63.6(i)(4)(i)(B)..............  No...............  Dates are specified
                                                    in Sec.  Sec.
                                                    63.1401(e) and
                                                    63.1417(d)(1).
63.6(i)(4)(ii)................  No...............
63.6(i)(5)-(14)...............  Yes..............
63.6(i)(15)...................  No...............  [Reserved].
63.6(i)(16)...................  Yes..............
63.6(j).......................  Yes..............
63.7(a)(1)....................  Yes..............

[[Page 620]]

 
63.7(a)(2)....................  No...............  Sec.   63.1417(e)
                                                    specifies the
                                                    submittal dates of
                                                    performance test
                                                    results for all
                                                    emission points
                                                    except equipment
                                                    leaks; for equipment
                                                    leaks, compliance
                                                    demonstration
                                                    results are reported
                                                    in the Periodic
                                                    Reports.
63.7(a)(3)....................  Yes..............
63.7(b).......................  No...............  Sec.   63.1417
                                                    specifies
                                                    notification
                                                    requirements.
63.7(c).......................  No...............
63.7(d).......................  Yes..............
63.7(e)(1)....................  No...............  See Sec.
                                                    63.1413(a)(2).
63.7(e)(2)....................  Yes..............
63.7(e)(3)....................  No...............  Subpart OOO specifies
                                                    requirements.
63.7(e)(4)....................  Yes..............
63.7(f).......................  Yes..............  Except that if a site
                                                    specific test plan
                                                    is not required, the
                                                    notification
                                                    deadline in Sec.
                                                    63.7(f)(2)(i) shall
                                                    be 60 days prior to
                                                    the performance
                                                    test, and in Sec.
                                                    63.7(f)(3), approval
                                                    or disapproval of
                                                    the alternative test
                                                    method shall not be
                                                    tied to the site
                                                    specific test plan.
63.7(g).......................  Yes..............  Except that the
                                                    requirements in Sec.
                                                      63.1417(e) shall
                                                    apply instead of the
                                                    references to the
                                                    Notification of
                                                    Compliance Status
                                                    report in Sec.
                                                    63.9(h). In
                                                    addition, equipment
                                                    leaks subject to
                                                    Sec.   63.1410 are
                                                    not required to
                                                    conduct performance
                                                    tests.
63.7(h).......................  Yes..............  Except Sec.
                                                    63.7(h)(4)(ii) may
                                                    not be applicable,
                                                    if the site-specific
                                                    test plan in Sec.
                                                    63.7(c)(2) is not
                                                    required.
63.8(a)(1)....................  Yes..............
63.8(a)(2)....................  No...............
63.8(a)(3)....................  No...............  [Reserved].
63.8(a)(4)....................  Yes..............
63.8(b)(1)....................  Yes..............
63.8(b)(2)....................  No...............  Subpart OOO specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes..............
63.8(c)(1)....................  Yes..............
63.8(c)(1)(i).................  No...............
63.8(c)(1)(ii)................  No...............
63.8(c)(1)(iii)...............  No...............
63.8(c)(2)....................  Yes..............
63.8(c)(3)....................  Yes..............
63.8(c)(4)....................  No...............  Sec.   63.1415
                                                    specifies monitoring
                                                    frequency; not
                                                    applicable to
                                                    equipment leaks
                                                    because Sec.
                                                    63.1410 does not
                                                    require continuous
                                                    monitoring systems.
63.8(c)(5)-63.8(c)(8).........  No...............
63.8(d).......................  No...............
63.8(e).......................  No...............
63.8(f)(1)-63.8(f)(3).........  Yes..............
63.8(f)(4)(i).................  No...............  Timeframe for
                                                    submitting request
                                                    is specified in Sec.
                                                      63.1417 (j) or
                                                    (k); not applicable
                                                    to equipment leaks
                                                    because Sec.
                                                    63.1410 (through
                                                    reference to 40 CFR
                                                    part 63, subpart UU)
                                                    specifies acceptable
                                                    alternative methods.
63.8(f)(4)(ii)................  No...............  Contents of request
                                                    are specified in
                                                    Sec.   63.1417(j) or
                                                    (k).
63.8(f)(4)(iii)...............  No...............
63.8(f)(5)(i).................  Yes..............
63.8(f)(5)(ii)................  No...............
63.8(f)(5)(iii)...............  Yes..............
63.8(f)(6)....................  No...............  Subpart OOO does not
                                                    require continuous
                                                    emission monitors.
63.8(g).......................  No...............  Data reduction
                                                    procedures specified
                                                    in Sec.   63.1416(a)
                                                    and (h); not
                                                    applicable to
                                                    equipment leaks.
63.9(a).......................  Yes..............
63.9(b).......................  No...............  Subpart OOO does not
                                                    require an initial
                                                    notification.
63.9(c).......................  Yes..............
63.9(d).......................  Yes..............

[[Page 621]]

 
63.9(e).......................  No...............  Sec.   63.1417
                                                    specifies
                                                    notification
                                                    deadlines.
63.9(f).......................  No...............  Subpart OOO does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.9(g).......................  No...............
63.9(h).......................  No...............  Sec.   63.1417(e)
                                                    specifies
                                                    Notification of
                                                    Compliance Status
                                                    requirements.
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)...................  No...............  Sec.   63.1416(a)
                                                    specifies record
                                                    retention
                                                    requirements.
63.10(b)(2)...................  No...............  Subpart OOO specifies
                                                    recordkeeping
                                                    requirements.
63.10(b)(3)...................  No...............  Sec.   63.1400(e)
                                                    requires
                                                    documentation of
                                                    sources that are not
                                                    affected sources.
63.10(c)......................  No...............  Sec.   63.1416
                                                    specifies
                                                    recordkeeping
                                                    requirements.
63.10(d)(1)...................  Yes..............
63.10(d)(2)...................  No...............  Sec.   63.1417
                                                    specifies
                                                    performance test
                                                    reporting
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks.
63.10(d)(3)...................  No...............  Subpart OOO does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.10(d)(4)...................  Yes..............
63.10(d)(5)...................  No...............  See Sec.   63.1417(g)
                                                    for malfunction
                                                    reporting
                                                    requirements.
63.10(e)......................  No...............  Sec.   63.1417
                                                    specifies reporting
                                                    requirements.
63.10(f)......................  Yes..............
63.11.........................  Yes..............  Except that instead
                                                    of Sec.   63.11(b),
                                                    Sec.   63.1413(g)
                                                    shall apply.
63.12.........................  Yes..............
63.13-63.15...................  Yes..............
------------------------------------------------------------------------


[65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20461, Apr. 20, 2006; 79 
FR 60934, Oct. 8, 2014; 85 FR 73899, Nov. 19, 2020]



  Sec. Table 2 to Subpart OOO of Part 63--Known Organic Hazardous Air 
     Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins

----------------------------------------------------------------------------------------------------------------
                                                                 Organic HAP subject to cooling tower monitoring
                                                                     requirements in Sec.   63.1409 (Yes/No)
             Organic HAP                      CAS Number        ------------------------------------------------
                                                                         Column A                Column B
----------------------------------------------------------------------------------------------------------------
Acrylamide..........................  79-06-1..................  No.....................  No
Aniline.............................  62-53-3..................  Yes....................  No
Biphenyl............................  92-52-4..................  Yes....................  Yes
Cresol and cresylic acid (mixed)....  1319-77-3................  Yes....................  No
Cresol and cresylic acid (m-).......  108-39-4.................  Yes....................  No
Cresol and cresylic acid (o-).......  95-48-7..................  Yes....................  No
Cresol and cresylic acid (p-).......  106-44-5.................  Yes....................  No
Diethanolamine......................  111-42-2.................  No.....................  No
Dimethylformamide...................  68-12-2..................  No.....................  No
Ethylbenzene........................  100-41-4.................  Yes....................  Yes
Ethylene glycol.....................  107-21-1.................  No.....................  No
Formaldehyde........................  50-00-0..................  Yes....................  No
Glycol ethers.......................  0........................  No.....................  No
Methanol............................  67-56-1..................  Yes....................  Yes
Methyl ethyl ketone.................  78-93-3..................  Yes....................  Yes
Methyl isobutyl ketone..............  108-10-1.................  Yes....................  Yes
Naphthalene.........................  91-20-3..................  Yes....................  Yes
Phenol..............................  108-95-2.................  Yes....................  No
Styrene.............................  100-42-5.................  Yes....................  Yes
Toluene.............................  108-88-3.................  No.....................  Yes
Xylenes (NOS).......................  1330-20-7................  Yes....................  Yes
Xylene (m-).........................  108-38-3.................  Yes....................  Yes
Xylene (o-).........................  95-47-6..................  Yes....................  Yes
Xylene (p-).........................  106-42-3.................  Yes....................  Yes
----------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Registry Number.


[[Page 622]]



 Sec. Table 3 to Subpart OOO of Part 63--Batch Process Vent Monitoring 
                              Requirements

------------------------------------------------------------------------
                                                         Frequency/
       Control device           Parameters to be        recordkeeping
                                    monitored           requirements
------------------------------------------------------------------------
Scrubber \a\................  pH of scrubber        Continuous records
                               effluent, and.        as specified in
                                                     Sec.
                                                     63.1416(d).\b\
                              Scrubber liquid and   Continuous records
                               gas flow rates.       as specified in
                                                     Sec.
                                                     63.1416(d).\b\
Absorber \a\................  Exit temperature of   Continuous records
                               the absorbing         as specified in
                               liquid, and.          Sec.
                                                     63.1416(d).\b\
                              Exit specific         Continuous records
                               gravity for the       as specified in
                               absorbing liquid.     Sec.
                                                     63.1416(d).\b\
Condenser \a\...............  Exit (product side)   Continuous records
                               temperature.          as specified in
                                                     Sec.   63.1416(d).
                                                     \a\
Carbon adsorber \a\.........  Total regeneration    Record the total
                               steam flow or         regeneration steam
                               nitrogen flow, or     flow or nitrogen
                               pressure (gauge or    flow, or pressure
                               absolute) during      for each carbon bed
                               carbon bed            regeneration cycle.
                               regeneration
                               cycle(s), and.
                              Temperature of the    Record the
                               carbon bed after      temperature of the
                               regeneration and      carbon bed after
                               within 15 minutes     each regeneration
                               of completing any     and within 15
                               cooling cycle(s).     minutes of
                                                     completing any
                                                     cooling cycle(s).
Thermal incinerator.........  Firebox temperature   Continuous records
                               \c\.                  as specified in
                                                     Sec.
                                                     63.1416(d).\b\
Catalytic incinerator.......  Temperature upstream  Continuous records
                               and downstream of     as specified in
                               the catalyst bed.     Sec.
                                                     63.1416(d).\b\
Boiler or process heater      Firebox temperature   Continuous records
 with a design heat input      \c\.                  as specified in
 capacity less than 44                               Sec.
 megawatts and where the                             63.1416(d).\b\
 batch process vents or
 aggregate batch vent
 streams are not introduced
 with or used as the primary
 fuel.
Flare.......................  Presence of a flame   Hourly records of
                               at the pilot light.   whether the monitor
                                                     was continuously
                                                     operating during
                                                     batch emission
                                                     episodes, or
                                                     portions thereof,
                                                     selected for
                                                     control and whether
                                                     a flame was
                                                     continuously
                                                     present at the
                                                     pilot light during
                                                     said periods.
All control devices.........  Diversion to the      Hourly records of
                               atmosphere from the   whether the flow
                               control device or.    indicator was
                                                     operating during
                                                     batch emission
                                                     episodes, or
                                                     portions thereof,
                                                     selected for
                                                     control and whether
                                                     a diversion was
                                                     detected at any
                                                     time during said
                                                     periods as
                                                     specified in Sec.
                                                     63.1416(d).
                              Monthly inspections   Records that monthly
                               of sealed valves.     inspections were
                                                     performed as
                                                     specified in Sec.
                                                     63.1416(d).
Scrubber, absorber,           Concentration level   Continuous records
 condenser, and carbon         or reading            as specified in
 adsorber (as an alternative   indicated by an       Sec.
 to the requirements           organic monitoring    63.1416(d).\b\
 previously presented in       device at the
 this table).                  outlet of the
                               control device.
------------------------------------------------------------------------
\a\ Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.
\b\ ``Continuous records'' is defined in Sec.   63.111.
\c\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.



   Sec. Table 4 to Subpart OOO of Part 63--Operating Parameter Levels

------------------------------------------------------------------------
                                                         Established
           Device               Parameters to be          operating
                                    monitored           parameter(s)
------------------------------------------------------------------------
Scrubber....................  pH of scrubber        Minimum pH; and
                               effluent; and         minimum liquid/gas
                               scrubber liquid and   ratio
                               gas flow rates.
Absorber....................  Exit temperature of   Maximum temperature;
                               the absorbing         and maximum
                               liquid; and exit      specific gravity
                               specific gravity of
                               the absorbing
                               liquid.
Condenser...................  Exit temperature....  Maximum temperature

[[Page 623]]

 
Carbon absorber.............  Total regeneration    Maximum flow or
                               steam or nitrogen     pressure; and
                               flow, or pressure     maximum temperature
                               (gauge or absolute)
                               \a\ during carbon
                               bed regeneration
                               cycle; and
                               temperature of the
                               carbon bed after
                               regeneration (and
                               within 15 minutes
                               of completing any
                               cooling cycle(s)).
Thermal incinerator.........  Firebox temperature.  Minimum temperature
Catalytic incinerator.......  Temperature upstream  Minimum upstream
                               and downstream of     temperature; and
                               the catalyst bed.     minimum temperature
                                                     difference across
                                                     the catalyst bed
Boiler or process heater....  Firebox temperature.  Minimum temperature
Other devices (or as an       Organic HAP           Maximum organic HAP
 alternate to the              concentration level   concentration or
 requirements previously       or reading at         reading
 presented in this table)      outlet of device.
 \b\.
------------------------------------------------------------------------
\a\ 25 to 50 mm (absolute) is a common pressure level obtained by
  pressure swing absorbers.
\b\ Concentration is measured instead of an operating parameter.



Sec. Table 5 to Subpart OOO of Part 63--Reports Required by This Subpart

------------------------------------------------------------------------
                                 Description of
          Reference                  report               Due date
------------------------------------------------------------------------
Sec.   63.1400(j) and         Refer to Table 1 and  Refer to Subpart A
 Subpart A of this part.       Subpart A of this     of this part.
                               part.
63.1417(d)..................  Precompliance Report  Existing affected
                                                     sources--12 months
                                                     prior to the
                                                     compliance date.
                                                     New affected
                                                     sources--with
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction.
63.1417(e)..................  Notification of       Within 150 days
                               Compliance Status.    after the
                                                     compliance date.
63.1417(f)..................  Periodic Reports....  Semiannually, no
                                                     later than 60 days
                                                     after the end of
                                                     each 6-month
                                                     period. See Sec.
                                                     63.1417(f)(1) for
                                                     the due date for
                                                     the first report.
63.1417(f)(12)..............  Quarterly reports     No later than 60
                               upon request of the   days after the end
                               administrator.        of each quarter.
63.1417(g)..................  Start-up, shutdown,   Semiannually (same
                               and malfunction       schedule as
                               reports.              Periodic reports).
63.1417(h)(1)...............  Notification of       As specified in 40
                               storage vessel        CFR part 63,
                               inspection.           subpart WW.
63.1417(h)(2)...............  Site-specific test    90 days prior to
                               plan.                 planned date of
                                                     test.
63.1417(h)(3)...............  Notification of       30 days prior to
                               planned performance   planned date of
                               test.                 test.
63.1417(h)(4)...............  Notification of       As specified in Sec.
                               change in primary       63.1400 (g)(7) or
                               product.              (g)(8).
63.1417(h)(5)...............  Notification of       180 days prior to
                               added emission        the appropriate
                               points.               compliance date.
63.1417(h)(6)...............  Notification that a   Within 60 days of
                               small control         the redesignation
                               device has been       of control device
                               redesignated as a     size.
                               large control
                               device.
63.1417(h)(7)...............  Notification of       Within 60 days after
                               process change.       performance test or
                                                     applicability
                                                     assessment,
                                                     whichever is
                                                     sooner.
63.1417(h)(8)...............  Electronic reporting  Within 60 days after
                                                     completing
                                                     performance test.
------------------------------------------------------------------------
\a\ Note that the APPU remains subject to this subpart until the
  notification under Sec.   63.1400(g)(7) is made.


[65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60935, Oct. 8, 2014]



Sec. Table 6 to Subpart OOO of Part 63--Coefficients for Total Resource 
                            Effectiveness \a\

------------------------------------------------------------------------
                                           Values of coefficients
       Control device basis       --------------------------------------
                                        A            B            C
------------------------------------------------------------------------
Flare............................  5.276 x 10-  9.98 x 10-2  2.096 x 10-
                                             1                         3
Thermal Incinerator 0 Percent      4.068 x 10-  1.71 x 10-2  8.664 x 10-
 Recovery........................            1                         3

[[Page 624]]

 
Thermal Incinerator 70 Percent     6.868 x 10-  3.21 x 10-3  3.546 x 10-
 Recovery........................            1                        3
------------------------------------------------------------------------
\a\ Use according to procedures outlined in this section.
MJ/scm = MegaJoules per standard cubic meter.
scm/min = Standard cubic meters per minute.



  Subpart PPP_National Emission Standards for Hazardous Air Pollutant 
               Emissions for Polyether Polyols Production

    Source: 64 FR 29439, June 1, 1999, unless otherwise noted.



Sec.  63.1420  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. Affected sources are described in 
paragraphs (a)(1) through (4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source is defined in paragraph 
(a)(2) of this section, and new affected source is defined in paragraph 
(a)(3) of this section.
    (2) An existing affected source is defined as the group of one or 
more polyether polyol manufacturing process units (PMPUs) and associated 
equipment, as listed in paragraph (a)(4) of this section, that is not 
part of a new affected source, as defined in paragraph (a)(3) of this 
section, and that is located at a plant site that is a major source.
    (3) A new affected source is defined as a source that meets the 
criteria of paragraph (a)(3)(i), (ii), or (iii) of this section. The 
situation described in paragraph (a)(3)(i) of this section is distinct 
from those situations described in paragraphs (a)(3)(ii) and (iii) of 
this section.
    (i) At a site without organic HAP emission points before September 
4, 1997 (i.e., a ``greenfield'' site), the group of one or more PMPUs 
and associated equipment, as listed in paragraph (a)(4) of this section, 
that is part of a major source, and on which construction for the 
PMPU(s) commenced after September 4, 1997;
    (ii) The group of one or more PMPUs meeting the criteria in 
paragraph (g)(1)(i) of this section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (g)(2)(i) of this section.
    (4) The affected source also includes the emission points and 
components specified in paragraphs (a)(4)(i) through (vi) of this 
section that are associated with a PMPU (or a group of PMPUs) making up 
an affected source, as defined in Sec.  63.1423.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Components required by or utilized as a method of compliance 
with this subpart, which may include control techniques and recovery 
devices.
    (v) Product finishing operation.
    (vi) Each feed or catalyst operation.
    (b) PMPUs without organic HAP. The owner or operator of a PMPU that 
is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP during the 
production of one or more products is only subject to the provisions of 
this subpart as specified in paragraph (b)(1) or (2) of this section, as 
applicable. Products or raw material(s) containing organic HAP as 
impurities only are not considered organic HAP for the purposes of this 
paragraph.
    (1) If an organic HAP is not used or manufactured in the production 
of polyether polyols, the PMPU is not subject to any provisions of this 
subpart, except that the owner or operator shall comply with either 
paragraph (b)(1)(i) or (ii) of this section. The owner or operator is 
not required to comply with the provisions of 40 CFR part 63, subpart A 
(the General Provisions) for that PMPU.
    (i) Retain information, data, and analyses used to document the 
basis for the determination that the PMPU

[[Page 625]]

does not use or manufacture any organic HAP. Types of information that 
could document this determination include, but are not limited to, 
records of chemicals purchased for the process, analyses of process 
stream composition, engineering calculations, or process knowledge.
    (ii) When requested by the Administrator, demonstrate that the PMPU 
does not use or manufacture any organic HAP.
    (2) If an organic HAP is used or manufactured in the production of 
polyether polyols, but an organic HAP is not used in the production of 
one or more products that are not polyether polyols, the PMPU is not 
subject to any provision of this subpart other than paragraph (b)(1)(i) 
or (ii) of this section during the production of the non-polyether 
polyol products that do not use or manufacture any organic HAP.
    (c) Emission points included in the affected source but not subject 
to the provisions of this subpart. The affected source includes the 
emission points listed in paragraphs (c)(1) through (12) of this 
section, but these emission points are not subject to the requirements 
of this subpart or the provisions of 40 CFR part 63, subpart A.
    (1) Components and equipment that do not contain organic HAP or that 
contain organic HAP as impurities only and are located at a PMPU that is 
part of an affected source.
    (2) Stormwater managed in segregated sewers.
    (3) Water from fire-fighting and deluge systems in segregated 
sewers.
    (4) Spills.
    (5) Water from safety showers.
    (6) Water from testing of deluge systems.
    (7) Water from testing of firefighting systems.
    (8) Vessels that store and/or handle material that contains no 
organic HAP or organic HAP as impurities only.
    (9) Equipment that operates in organic HAP service for less than 300 
hours during the calendar year.
    (10) Loading racks, loading arms, or loading hoses that only 
transfer liquids containing HAP as impurities.
    (11) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations.
    (12) Utility fluids, such as heat transfer fluids.
    (d) Processes excluded from the affected source. The processes 
specified in paragraphs (d)(1) through (3) of this section are not part 
of the affected source and are not subject to the requirements of both 
this subpart and subpart A of this part.
    (1) Research and development facilities.
    (2) Solvent reclamation, recovery, or recycling operations at 
hazardous waste treatment, storage, and disposal facilities (TSDF) 
requiring a permit under 40 CFR part 270 that are not part of a PMPU to 
which this subpart applies.
    (3) Reactions or processing that occur after the epoxide 
polymerization is complete and after all catalyst removal steps, if any, 
are complete.
    (e) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce a polyether 
polyol shall determine if the process unit is subject to this subpart in 
accordance with this paragraph.
    (1) Initial primary product determination. The owner or operator 
shall initially determine the primary product of each process unit in 
accordance with paragraphs (e)(1)(i) through (iii) of this section.
    (i) If a process unit manufactures only one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (e)(1)(ii)(A) or (B) of this section.
    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity on 
a mass basis for two or more products and if one of those products is a 
polyether polyol, then the polyether polyol shall represent the primary 
product of the process unit.

[[Page 626]]

    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraph (e)(1)(iii)(A) or (B) of this section based on the anticipated 
operations for the 5 years following September 4, 1997 for existing 
process units, or for the first year after the process unit begins 
production of any product for the new process units. If operations 
cannot be anticipated sufficiently to allow the determination of the 
primary product for the specified period, applicability shall be 
determined in accordance with paragraph (e)(2) of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified 5-year period for 
existing process units, or the specified 1-year period for new process 
units, then that product shall represent the primary product of the 
flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified 5-year 
period for existing process units, or the specified 1-year period for 
new process units shall represent the primary product of the flexible 
operation unit.
    (iv) If, according to paragraph (e)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is a polyether polyol, 
then that process unit shall be designated as a PMPU. If the plant site 
is a major source, that PMPU and associated equipment, as listed in 
paragraph (a)(4) of this section, is either an affected source or part 
of an affected source comprised of one or more other PMPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, and 
subject to this subpart. If the primary product of a process unit is not 
a polyether polyol, then that process unit is not a PMPU.
    (2) Provisions if primary product cannot be determined. If the 
primary product cannot be determined for a flexible operation unit in 
accordance with paragraph (e)(1)(iii) of this section, applicability 
shall be determined in accordance with this paragraph.
    (i) If the owner or operator can determine that a polyether polyol 
is not the primary product, then that flexible operation unit is not a 
PMPU.
    (ii) If the owner or operator cannot determine that a polyether 
polyol is not the primary product as specified in paragraph (e)(2)(i) of 
this section, applicability shall be determined in accordance with 
paragraph (e)(2)(ii)(A) or (B) of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as a PMPU if a polyether 
polyol was produced for 5 percent or greater of the total operating time 
of the flexible operation unit since September 4, 1997.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as a PMPU if the owner or 
operator anticipates that a polyether polyol will be manufactured in the 
flexible operation unit at any time in the first year after the date the 
unit begins production of any product.
    (3) Annual applicability determination for non-PMPUs that have 
produced a polyether polyol. Once per year beginning June 1, 2004, the 
owner or operator of each flexible operation unit that is not designated 
as a PMPU, but that has produced a polyether polyol at any time in the 
preceding 5-year period or since the date that the unit began production 
of any product, whichever is shorter, shall perform the evaluation 
described in paragraphs (e)(3)(i) through (iii) of this section. 
However, an owner or operator that does not intend to produce any 
elastomer product in the future, in accordance with paragraph (e)(9) of 
this section, is not required to perform the evaluation described in 
paragraphs (e)(3)(i) through (iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
over which the product was produced during the preceding 5-year period.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
preceding 5-year period.

[[Page 627]]

    (iii) If the primary product identified in paragraph (e)(3)(ii) is a 
polyether polyol, the flexible operation unit shall be designated as a 
PMPU. The owner or operator shall notify the Administrator no later than 
45 days after determining that the flexible operation unit is a PMPU, 
and shall comply with the requirements of this subpart in accordance 
with paragraph (g)(1) of this section for the flexible operation unit.
    (4) Applicability determination for non-PMPUs that have not produced 
a polyether polyol. The owner or operator that anticipates the 
production of a polyether polyol in a process unit that is not 
designated as a PMPU, and in which no polyether polyol products have 
been produced in the previous 5-year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall use the procedures in paragraph (e)(1) or (2) of this section to 
determine if the process unit is designated as a PMPU, with the 
exception that for existing process units, owners or operators shall 
project production for the 5 years following the date that the owner or 
operator anticipates initiating the production of a polyether polyol, 
instead of the 5 years following September 4, 1997. If the unit is 
designated as a PMPU, the owner or operator shall comply in accordance 
with paragraph (g)(1) of this section.
    (5) Applicability of requirements for PMPUs that are flexible 
operation units. The owner or operator of PMPUs that are flexible 
operation units shall comply with the provisions of this subpart in 
accordance with paragraphs (e)(5)(i) through (iii) of this section.
    (i) Control requirements. The owner or operator shall comply with 
the control requirements of this subpart in accordance with paragraphs 
(e)(5)(i)(A) and (B) of this section.
    (A) During periods when the PMPU produces polyether polyols, the 
owner or operator shall comply with the provisions of this subpart.
    (B) During periods when the PMPU produces products other than 
polyether polyols, the owner or operator is not required to install 
additional combustion, recovery, or recapture devices (to otherwise 
demonstrate compliance). However, the owner or operator shall continue 
to operate any existing combustion, recovery, or recapture devices that 
are required for compliance during the production of polyether polyols, 
with the exceptions provided in paragraph (e)(5)(iv) of this section. If 
extended cookout (ECO) is the control technique chosen for epoxide 
emission reduction, then ECO or a control technique providing an 
equivalent reduction in epoxide emissions should continue to be used for 
epoxide emission reduction, if the non-polyether polyol being produced 
uses epoxide monomers.
    (ii) Monitoring requirements. The owner or operator shall comply 
with the monitoring requirements of this subpart in accordance with 
paragraphs (e)(5)(ii)(A) and (B) of this section, and paragraph 
(e)(5)(ii)(C) of this section if applicable.
    (A) The owner or operator shall establish a single parameter 
monitoring level (for each parameter required to be monitored at each 
device subject to monitoring requirements) in accordance with Sec.  
63.1438(a) based on emission point and control technique characteristics 
when polyether polyol is being produced.
    (B) The owner or operator shall monitor each parameter at each 
device subject to monitoring requirements at all times (during periods 
when the PMPU produces polyether polyols, and during periods when the 
PMPU produces products other than polyether polyols), with the 
exceptions provided in paragraph (e)(5)(iv) of this section.
    (C) If ECO is used to reduce epoxide emissions, a parameter 
monitoring level shall be established for the production of non-
polyether polyol products as the average of the established parameter 
levels for all product classes produced. During periods when products 
other than polyether polyols are produced, the ECO shall be performed so 
that the parameter monitoring level established for the production of 
non-polyether polyol products is maintained when the ECO is used as a 
control technique.
    (iii) Group determinations. For emission points where the owner or 
operator is required to determine if the emission point is Group 1 
according the definitions in Sec.  63.1423 (storage vessels, process 
vents for nonepoxide organic HAP emissions used to make or modify

[[Page 628]]

the product, and wastewater), the owner or operator shall determine the 
group status based on emission point characteristics when polyether 
polyol is being manufactured. Group 1 emission points shall be 
controlled in accordance with paragraph (e)(5)(i) of this section.
    (iv) Exceptions. During periods when products described in 
paragraphs (e)(5)(iv)(A) and (B) of this section are produced, the owner 
or operator is not required to comply with the provisions of this 
subpart.
    (A) Products in which no organic HAP is used or manufactured, 
provided that the owner or operator comply with paragraph (b)(2) of this 
section.
    (B) Products that make the PMPU subject to 40 CFR part 63, subpart 
GGG (Pharmaceuticals Production NESHAP).
    (6)-(7) [Reserved]
    (8) Requirements for flexible process units that are not PMPUs. If 
it is determined that a process unit is not subject to this subpart, the 
owner or operator shall either retain all information, data, and 
analysis used to document the basis for the determination that the 
process unit is not a PMPU, or, when requested by the Administrator, 
demonstrate that the process unit is not a PMPU.
    (9) PMPUs terminating production of all polyether polyols. If a PMPU 
terminates the production of all polyether polyols, and the owner or 
operator does not anticipate the production of any polyether polyols in 
the future in that PMPU, the process unit is no longer a PMPU and is not 
subject to this subpart after notification is made to the Administrator. 
This notification shall be accompanied by a rationale for why it is 
anticipated that no polyether polyols will be produced in the process 
unit in the future.
    (10) Redetermination of applicability to PMPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of a PMPU that is 
operating as a flexible operation unit from a polyether polyol to a 
product that would make the process unit subject to another subpart of 
this part, the owner or operator shall reevaluate the primary product, 
in accordance with paragraphs (e)(3)(i) and (ii) of this section. If the 
conditions in paragraphs (e)(10)(i) through (iii) of this section are 
met, the flexible operation unit shall no longer be designated as a PMPU 
after the compliance date of the other subpart, and shall no longer be 
subject to the provisions of this subpart after the date that the 
process unit is required to be in compliance with the provisions of the 
other subpart. If the conditions in paragraphs (e)(10)(i) through (iii) 
of this section are not met, the flexible operation unit shall continue 
to be considered a PMPU and subject to the requirements of this subpart.
    (i) The product identified as the primary product is not polyether 
polyol;
    (ii) The production of the product identified as the primary product 
is subject to another subpart of this part; and
    (iii) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (f) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (f)(1) through (7) 
of this section to determine to which process unit a storage vessel 
shall be assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 (National Emission Standards for Hazardous Air Pollutants 
for Source Categories) on June 1, 1999, that storage vessel shall be 
assigned to the process unit subject to the other subpart, and none of 
the other provisions in this subpart shall apply to that storage vessel.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., the process unit that has the 
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is a PMPU

[[Page 629]]

subject to this subpart, the storage vessel shall be assigned to that 
PMPU.
    (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 PMPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the PMPUs 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 June 1, 1999 or based on the 
expected utilization for the 5 years following June 1, 1999 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 start-up for new affected 
sources. The determination of predominant use shall be reported in the 
Notification of Compliance Status, as required by Sec.  
63.1439(e)(5)(v).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into or receive 
material from the storage vessel, but the storage vessel is located in a 
tank farm (including a marine tank farm), the applicability of this 
subpart shall be determined according to the provisions in paragraphs 
(f)(7)(i) through (iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw materials, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping to both the process unit and the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (f)(7)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (f)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit.
    (iv) If there are two or more process units at the major source that 
meet the criteria of paragraph (f)(7)(i) of this section with respect to 
a storage vessel, the storage vessel shall be assigned to one of those 
process units according to the provisions of paragraphs (f)(3) through 
(6) of this section. The predominant use shall be determined among only 
those process units that meet the criteria of paragraph (f)(7)(i) of 
this section.
    (8) If the storage vessel begins receiving material from (or sending 
material to) a process unit that was not included in the initial 
determination, or ceases to receive material from (or send material to) 
a process unit that was included in the initial determination, the owner 
or operator shall reevaluate the applicability of this subpart to that 
storage vessel.
    (g) Changes or additions to plant sites. The provisions of this 
paragraph apply to the owner or operator that changes or adds to their 
plant site or affected source.
    (1) Adding a PMPU to a plant site. The provisions of paragraphs 
(g)(1)(i) and (ii) of this section apply to the owner or operator that 
adds one or more PMPUs to a plant site. A PMPU may be added to a plant 
site by constructing or reconstructing a process unit to produce 
polyether polyols. A PMPU may also be added to a plant site due to 
changes in production (anticipated production or actual past production) 
such that a polyether polyol becomes the primary product of a process 
unit that was not previously a PMPU.
    (i) If a group of one or more PMPUs is added to a plant site, the 
added group of one or more PMPUs and their associated equipment, as 
listed in paragraph (a)(4) of this section, shall be a new affected 
source and shall comply

[[Page 630]]

with the requirements for a new affected source in this subpart upon 
initial start-up or by June 1, 1999, whichever is later, if the added 
group of one or more PMPUs meets the criteria specified in paragraph 
(g)(1)(i)(A) of this section and either meets the criteria in paragraph 
(g)(1)(i)(B) or (C) of this section.
    (A) The process units are new process units, as defined in Sec.  
63.1423.
    (B) The added group of one or more PMPUs and associated equipment, 
as listed in paragraph (a)(4) of this section, has the potential to emit 
10 tons per year (9.1 megagrams per year) or more of any organic HAP or 
25 tons per year (22.7 megagrams per year) or more of any combination of 
organic HAP, and polyether polyols are currently produced at the plant 
site as the primary product of an affected source.
    (C) A polyether polyol is not currently produced at the plant site 
as the primary product of an affected source, and the plant site meets, 
or after the addition is constructed will meet, the General Provisions' 
definition of a major source in Sec.  63.2.
    (ii) If a group of one or more PMPUs is added to a plant site, and 
the added group of one or more PMPUs does not meet the criteria 
specified in paragraph (g)(1)(i)(A) of this section and one of the 
criteria specified in either paragraph (g)(1)(i)(B) or (C) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the owner or operator of the added group 
of one or more PMPUs and associated equipment, as listed in paragraph 
(a)(4) of this section, shall comply with the requirements for an 
existing affected source in this subpart upon initial start-up; by June 
1, 2002; or by 6 months after notifying the Administrator that a process 
unit has been designated as a PMPU (in accordance with paragraph (g)(3) 
of this section), whichever is later.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (g)(2)(i), (ii), and 
(iii) of this section apply to the owner or operator that adds emission 
points or makes process changes to an existing affected source.
    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of 
this section are met, the entire affected source shall be a new affected 
source and shall comply with the requirements for a new affected source 
upon initial start-up or by June 1, 1999, whichever is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec.  63.1423(b). For purposes of determining whether 
the fixed capital cost of the new components exceeds 50 percent of the 
fixed capital cost that would be required to construct an entire 
affected source, the equivalent capital cost shall be the entire 
potentially affected source; and
    (B) Such reconstruction commenced after September 4, 1997.
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of 
this section are not met and that replacement of components creates one 
or more emission points (i.e., either newly created Group 1 emission 
points or emission points that change from Group 2 to Group 1) or causes 
any other emission point to be added (i.e., Group 2 emission points, 
heat exchange systems subject to Sec.  63.1435, or equipment leak 
components subject Sec.  63.1434), the resulting emission point(s) shall 
be subject to the applicable requirements for an existing affected 
source. The resulting emission point(s) shall be in compliance upon 
initial start-up or by the appropriate compliance date specified in 
Sec.  63.1422 (i.e., December 1, 1999 for most equipment leak components 
subject to Sec.  63.1434, and June 1, 2002 for emission points other 
than equipment leaks), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made that creates one or more 
Group 1 emission points (i.e., either newly created Group 1 emission 
points or emission points that change group status from Group 2 to Group 
1) or causes any other emission point to be added (i.e., Group 2 
emission points, heat exchange systems subject to Sec.  63.1435, or 
equipment leak components subject to Sec.  63.1434), the resulting 
emission point(s) shall be subject to the applicable requirements

[[Page 631]]

for an existing affected source. The resulting emission point(s) shall 
be in compliance by initial start-up or by the appropriate compliance 
date specified in Sec.  63.1422 (i.e., December 1, 1999 for most 
equipment leak components subject to Sec.  63.1434, and June 1, 2002 for 
emission points other than equipment leaks), whichever is later.
    (3) Determining what are and are not process changes. For purposes 
of paragraph (g) of this section, examples of process changes include, 
but are not limited to, additions in process equipment resulting in 
changes in production capacity; production of a product outside the 
scope of the compliance demonstration; or whenever there is a 
replacement, removal, or addition of recovery equipment. For purposes of 
paragraph (g) of this section, process changes do not include: process 
upsets, unintentional temporary process changes, and changes that do not 
alter the equipment configuration and operating conditions.
    (4) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. An owner or operator that 
changes or adds to their plant site or affected source, as discussed in 
paragraphs (g)(1) and (g)(2) of this section, shall submit a report as 
specified in Sec.  63.1439(e)(7)(iii).
    (h) 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 nonoperation 
of the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies.
    (2) The emission limitations set forth in 40 CFR part 63, subpart H, 
as referred to in the equipment leak provisions in Sec.  63.1434, shall 
apply at all times except during periods of non-operation of the 
affected source (or specific portion thereof) in which the lines are 
drained and depressurized resulting in cessation of the emissions to 
which Sec.  63.1434 applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions (or, where applicable, wastewater streams or 
residuals) are being routed to such items of equipment if the shutdown 
would contravene requirements applicable to such items of equipment.
    (4) General duty. At all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator, which may include, but is not limited 
to, monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.
    (i) Affirmative defense for violation of emission standards during 
malfunction. In response to an action to enforce the standards set forth 
in this subpart, the owner or operator may assert an affirmative defense 
to a claim for civil penalties for violations of such standards that are 
caused by malfunction, as defined at Sec.  63.2. Appropriate penalties 
may be assessed if the owner or operator fails to meet their burden of 
proving all of the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (1) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, the owner or operator 
must timely meet the reporting requirements in paragraph (i)(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

[[Page 632]]

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

[64 FR 29439, June 1, 1999, as amended at 65 FR 26498, May 8, 2000; 71 
FR 20461, Apr. 20, 2006; 79 FR 17376, Mar. 27, 2014]



Sec.  63.1421  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.  
63.1420, 63.1422, 63.1424 through 63.1428, and 63.1432 through 63.1436. 
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

[[Page 633]]

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 37359, June 23, 2003]



Sec.  63.1422  Compliance dates and relationship of this rule to existing
applicable rules.

    (a) [Reserved]
    (b) New affected sources that commence construction or 
reconstruction after September 4, 1997 shall be in compliance with this 
subpart (except Sec.  63.1434(c)(3)) upon initial start-up or by June 1, 
1999, whichever is later. New affected sources that commenced 
construction or reconstruction after September 4, 1997, but on or before 
January 9, 2012, shall be in compliance with the pressure relief device 
monitoring requirements of Sec.  63.1434(c)(3) by March 27, 2017. New 
affected sources that commence construction or reconstruction after 
January 9, 2012, shall be in compliance with the pressure relief device 
monitoring requirements of Sec.  63.1434(c)(3) upon initial startup or 
by March 27, 2014, whichever is later.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec.  63.1434 for which compliance is covered by 
paragraph (d) of this section) no later than June 1, 2002, as provided 
in Sec.  63.6(c), unless an extension has been granted as specified in 
paragraph (e) of this section.
    (d) Except as provided for in paragraphs (d)(1) through (6) of this 
section, existing affected sources shall be in compliance with Sec.  
63.1434 no later than December 1, 1999 unless an extension has been 
granted as specified in paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec.  63.164 shall 
occur no later than June 1, 2000 for any compressor meeting one or more 
of the criteria in paragraphs (d)(1)(i) through (iv) of this section, if 
the work can be accomplished without a process unit shutdown, as defined 
in Sec.  63.161.
    (i) The seal system will be replaced.
    (ii) A barrier fluid system will be installed.
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system.
    (iv) The compressor shall be modified to permit connecting the 
compressor to a closed vent system.
    (2) Compliance with the compressor provisions of Sec.  63.164 shall 
occur no later than December 1, 2000, for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (iv) of this section.
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec.  63.161.
    (iii) The additional time is necessary, due to the unavailability of 
parts beyond the control of the owner or operator.
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate U.S. Environmental Protection Agency 
Regional Office at the addresses listed in Sec.  63.13 no later than 45 
days before December 1, 1999. The request for a compliance extension 
shall contain the information specified in Sec.  63.6(i)(6)(i)(A) and 
(B). Unless the EPA Regional Office objects to the request for a 
compliance extension within 30 days after receipt of the request, the 
request shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec.  63.164 
cannot reasonably be achieved without a process unit shutdown, as 
defined in Sec.  63.161, the owner or operator shall achieve compliance 
no later than June 1, 2001. The owner or operator who elects to use this 
provision shall submit a request for an extension of compliance in 
accordance with the requirements of paragraph (d)(2)(iv) of this 
section.
    (4) Compliance with the compressor provisions of Sec.  63.164 shall 
occur not later than June 1, 2002 for any compressor meeting one or more 
of the criteria in paragraphs (d)(4)(i) through (iii) of this section. 
The owner or operator who elects to use these provisions shall submit a 
request for an extension

[[Page 634]]

of compliance in accordance with the requirements of paragraph 
(d)(2)(iv) of this section.
    (i) Compliance cannot be achieved without replacing the compressor.
    (ii) Compliance cannot be achieved without recasting the distance 
piece.
    (iii) Design modifications are required to connect to a closed-vent 
system.
    (5) Compliance with the surge control vessel and bottoms receiver 
provisions of Sec.  63.170 shall occur no later than June 1, 2002.
    (6) Compliance with the pressure relief device monitoring provisions 
of Sec.  63.1434(c)(3) shall occur no later than March 27, 2017.
    (e) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing affected source 
up to 1 additional year to comply with section 112(d) standards. For 
purposes of this subpart, a request for an extension shall be submitted 
to the permitting authority as part of the operating permit application, 
or to the Administrator as a separate submittal, or as part of the 
Precompliance Report. Requests for extensions shall be submitted no 
later than 120 days prior to the compliance dates specified in 
paragraphs (b) through (d) of this section, or as specified elsewhere in 
this subpart. The dates specified in Sec.  63.6(i) for submittal of 
requests for extensions shall not apply to this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec.  63.6(i)(6)(i)(A) and (B).
    (2) The requirements in Sec.  63.6(i)(8) through (14) shall govern 
the review and approval of requests for extensions of compliance with 
this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided that 
the need for the compliance extension arose after that date, and the 
need arose due to circumstances beyond reasonable control of the owner 
or operator. This request shall include, in addition to the information 
specified in paragraph (e)(1) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the problem.
    (f) Table 1 of this subpart specifies the requirements in 40 CFR 
part 63, subpart A (the General Provisions) that apply and those that do 
not apply to owners and operators of affected sources subject to this 
subpart. For the purposes of this subpart, Table 3 of 40 CFR part 63, 
subpart F is not applicable.
    (g) Table 2 of this subpart summarizes the provisions of 40 CFR part 
63, subparts F, G, and H (collectively known as the ``HON'') that apply 
and those that do not apply to owners and operators of affected sources 
subject to this subpart.
    (h) [Reserved]
    (i) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
that is also subject to the 40 CFR part 60, subpart Kb (Standards of 
Performance for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced after July 23, 1984) is 
required to comply only with the provisions of this subpart. After the 
compliance dates specified in this section, that storage vessel shall no 
longer be subject to 40 CFR part 60, subpart Kb.
    (j) After the compliance dates specified in this subpart, if any 
combustion device, recovery device or recapture device subject to this 
subpart is also subject to monitoring, recordkeeping, and reporting 
requirements for hazardous waste, disposal, and treatment facilities in 
40 CFR part 264, subpart AA (Air Emission Standards for Process Vents) 
or subpart CC (Air Emission Standards for Tanks, Surface Impoundment, 
and Containers), the owner or operator may comply with either paragraph 
(j)(1) or (2) of this section. If, after the compliance dates specified 
in this subpart, any combustion device, recovery device, or recapture 
device subject to this subpart is subject to monitoring and 
recordkeeping requirements hazardous waste treatment, storage, and 
disposal facilities in 40 CFR part 265, subpart AA (Air Emission 
Standards for Process Vents) or subpart CC (Air Emission Standards for 
Tanks, Surface Impoundments, and Containers), the owner or

[[Page 635]]

operator may comply with either paragraph (j)(1) or (3) of this section. 
If the owner or operator elects to comply with either paragraph (j)(2) 
or (3) of this section, the owner or operator shall notify the 
Administrator of this choice in the Notification of Compliance Status 
required by Sec.  63.1439(e)(5).
    (1) The owner or operator shall comply with the monitoring, 
recordkeeping and reporting requirements of this subpart.
    (2) The owner or operator shall comply with the monitoring, 
recordkeeping and reporting requirements in 40 CFR part 264, with the 
following exception. All excursions, as defined in Sec.  63.1438(f), 
shall be reported in the periodic report. Compliance with this paragraph 
shall constitute compliance with the monitoring, recordkeeping and 
reporting requirements of this subpart.
    (3) The owner or operator shall comply with the monitoring and 
recordkeeping requirements of 40 CFR part 265, subpart AA or subpart CC, 
and the periodic reporting requirements under 40 CFR part 264, subpart 
AA or subpart CC, that would apply to the device if the facility had 
final-permitted status, with the following exception. All excursions, as 
defined in Sec.  63.1438(f), shall be reported in the periodic report. 
Compliance with this paragraph shall constitute compliance with the 
monitoring, recordkeeping and reporting requirements of this subpart.
    (k) Paragraphs (k)(1) and (2) of this section address instances in 
which requirements from other regulations overlap for the same heat 
exchange system(s) or waste management unit(s) that are subject to this 
subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraph (k)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (k)(1)(i) or (ii) shall constitute compliance with the 
applicable provisions of this subpart with respect to that heat exchange 
system.
    (i) 40 CFR part 63, subpart F.
    (ii) A subpart of this part which requires compliance with the HON 
heat exchange system requirements in Sec.  63.104 (e.g., 40 CFR part 63, 
subpart JJJ or U).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (k)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (k)(2)(i) or (ii) shall constitute compliance with the 
applicable provisions of this subpart with respect to that waste 
management unit.
    (i) 40 CFR part 63, subpart G.
    (ii) A subpart of this part which requires compliance with the HON 
process wastewater provisions in Sec. Sec.  63.132 through 63.147 (e.g., 
subpart JJJ or U).
    (l) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., monthly, quarterly, annual), unless 
specified otherwise in the section or subsection that imposes the 
requirement, refer to the standard calendar periods, unless altered by 
mutual agreement between the owner or operator and the Administrator in 
accordance with paragraph (l)(1) of this section.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner or operator and the Administrator, as 
specified in the General Provisions in 40 CFR part 63, subpart A (e.g., 
a period could begin on the compliance date or another date, rather than 
on the first day of the standard calendar period). For each time period 
that is changed by agreement, the revised period shall remain in effect 
until it is changed. A new request is not necessary for each recurring 
period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraphs (l)(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 
remains at least 2 weeks for tasks that shall be performed monthly, at 
least 1 month

[[Page 636]]

for tasks that shall be performed each quarter, or at least 3 months for 
tasks that shall be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26499, May 8, 2000; 79 
FR 17377, Mar. 27, 2014]



Sec.  63.1423  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in subparts A (Sec.  63.2), F (Sec.  63.101), G (Sec.  
63.111), and H (Sec.  63.161) as specified after each term:

Act (subpart A)
Administrator (subpart A)
Automated monitoring and recording system (subpart G)
Boiler (subpart G)
Bottoms receiver (subpart H)
By-product (subpart F)
Car-seal (subpart G)
Closed-vent system (subpart G)
Combustion device (subpart G)
Commenced (subpart A)
Compliance date (subpart A)
Continuous monitoring system (subpart A)
Emission standard (subpart A)
EPA (subpart A)
Equipment (subpart H)
Flow indicator (subpart G)
Fuel gas (subpart F)
Fuel gas system (subpart F)
Hard-piping (subpart G)
Heat exchange system (subpart F)
Impurity (subpart F)
Incinerator (subpart G)
Major source (subpart A)
Malfunction (subpart A)
Oil-water separator or organic-water separator (subpart G)
Open-ended valve or line (subpart H)
Operating permit (subpart F)
Organic monitoring device (subpart G)
Owner or operator (subpart A)
Performance evaluation (subpart A)
Performance test (subpart A)
Permitting authority (subpart A)
Plant site (subpart F)
Potential to emit (subpart A)
Pressure release (subpart H)
Pressure relief device or valve (subpart H)
Primary fuel (subpart G)
Process heater (subpart G)
Process unit shutdown (subpart H)
Reactor (subpart G)
Recapture device (subpart G)
Research and development facility (subpart F)
Responsible official (subpart A)
Run (subpart A)
Secondary fuel (subpart G)
Sensor (subpart H)
Specific gravity monitoring device (subpart G)
State (subpart A)
Surge control vessel (subpart H)
Temperature monitoring device (subpart G)
Test method (subpart A)
Total resource effectiveness index value (subpart G)
Treatment process (subpart G)
Visible emission (subpart A)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section.
    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.
    Annual average concentration, as used in conjunction with the 
wastewater provisions, means the flow-weighted annual average 
concentration and is determined by the procedures in Sec.  63.144(b), 
except as provided in Sec.  63.1433(a)(2).
    Annual average flow rate, as used in conjunction with the wastewater 
provisions, is determined by the procedures in Sec.  63.144(c).
    Batch cycle means the step or steps, from start to finish, that 
occur in a batch unit operation.
    Batch unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment, and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do not simultaneously occur in a batch unit 
operation.

[[Page 637]]

    Catalyst extraction means the removal of the catalyst using either 
solvent or physical extraction method.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or a 
combination of process units which subsequently becomes an affected 
source or part of an affected source due to a change in primary product.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once during 
approximately equal intervals of 15 minutes and recorded at the 
frequency specified in Sec.  63.1439(d).
    Continuous recorder is defined in Sec.  63.111, except that when the 
definition in Sec.  63.111 reads ``or records 15-minute or more frequent 
block average values,'' the phrase ``or records 1-hour or more frequent 
block average values'' shall apply for purposes of this subpart.
    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 technique means any equipment or process control used for 
capturing, recovering, or oxidizing organic hazardous air pollutant 
vapors. Such equipment includes, but is not limited to, absorbers, 
adsorbers, boilers, condensers, flares, incinerators, process heaters, 
and scrubbers, or any combination thereof. Process control includes 
extended cookout (as defined in this section). Condensers operating as 
reflux condensers that are necessary for processing, such as liquid 
level control, temperature control, or distillation operation, shall be 
considered inherently part of the process and will not be considered 
control techniques.
    Emission point means an individual process vent, storage vessel, 
wastewater stream, or equipment leak.
    Epoxide means a chemical compound consisting of a three-membered 
cyclic ether. Only emissions of epoxides listed in Table 4 of this 
subpart (i.e., ethylene oxide, propylene oxide, and epichlorohydrin) are 
regulated by the provisions of this subpart.
    Equipment leak means emissions of organic HAP from a connector, 
pump, compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, surge control vessel, bottoms 
receiver, or instrumentation system in organic HAP service.
    Extended Cookout (ECO) means a control technique that reduces the 
amount of unreacted ethylene oxide (EO) and/or propylene oxide (PO) 
(epoxides) in the reactor. This is accomplished by allowing the product 
to react for a longer time period, thereby having less unreacted 
epoxides and reducing epoxides emissions that may have otherwise 
occurred.
    Flexible operation unit means a process unit that manufactures 
different chemical products by periodically alternating raw materials 
fed to the process unit or operating conditions at the process unit. 
These units are also referred to as campaign plants or blocked 
operations.
    Group 1 combination of batch process vents means a collection of 
process vents in a PMPU from batch unit operations that are associated 
with the use of a nonepoxide organic HAP to make or modify the product 
that meet all of the following conditions:
    (1) Has annual nonepoxide organic HAP emissions, determined in 
accordance with Sec.  63.1428(b), of 11,800 kg/yr or greater, and
    (2) Has a cutoff flow rate, determined in accordance with Sec.  
63.1428(e), that is greater than or equal to the annual average flow 
rate, determined in accordance with Sec.  63.1428(d).
    Group 2 combination of batch process vents means a collection of 
process vents in a PMPU from batch unit operations that are associated 
with the use of a nonepoxide organic HAP to make or modify the product 
that is not classified as a Group 1 combination of batch process vents.
    Group 1 continuous process vent means a process vent from a 
continuous unit operation that is associated with the use of a 
nonepoxide organic HAP to make or modify the product that meets all of 
the following conditions:

[[Page 638]]

    (1) Has a flow rate greater than or equal to 0.005 standard cubic 
meters per minute,
    (2) Has a total organic HAP concentration greater than or equal to 
50 parts per million by volume, and
    (3) Has a total resource effectiveness index value, calculated in 
accordance with Sec.  63.1428(h)(1), less than or equal to 1.0.
    Group 2 continuous process vent means a process vent from a 
continuous unit operation that is associated with the use of a 
nonepoxide organic HAP to make or modify the product that is not 
classified as a Group 1 continuous process vent.
    Group 1 storage vessel means a storage vessel that meets the 
applicability criteria specified in Table 3 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 1 wastewater stream means a process wastewater stream at an 
existing or new affected source that meets the criteria for Group 1 
status in Sec.  63.132(c), with the exceptions listed in Sec.  
63.1433(a)(2) for the purposes of this subpart (i.e., for organic HAP 
listed on Table 4 of this subpart only).
    Group 2 wastewater stream means any process wastewater stream at an 
existing affected source or new affected source that does not meet the 
definition (in this section) of a Group 1 wastewater stream.
    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 defined in this section), 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.
    Initial start-up means the first time a new or reconstructed 
affected source begins production, or, for equipment added or changed as 
described in Sec.  63.1420(g), the first time the equipment is put into 
operation to produce a polyether polyol. Initial start-up does not 
include operation solely for testing equipment. Initial start-up does 
not include subsequent start-ups of an affected source or portion 
thereof following malfunctions or shutdowns or following changes in 
product for flexible operation units. Further, for purposes of Sec.  
63.1422, initial start-up does not include subsequent start-ups of 
affected sources or portions thereof following malfunctions or process 
unit shutdowns.
    Maintenance wastewater is defined in Sec.  63.101, except that the 
term ``polyether polyol manufacturing process unit'' shall apply 
whenever the term ``chemical manufacturing process unit'' is used. 
Further, the generation of wastewater from the routine rinsing or 
washing of equipment in batch operation between batches is not 
maintenance wastewater, but is considered to be process wastewater, for 
the purposes of this subpart.
    Make or modify the product means to produce the polyether polyol by 
polymerization of epoxides or other cyclic ethers with compounds having 
one or more reactive hydrogens, and to incorporate additives (e.g., 
preservatives, antioxidants, or diluents) in order to maintain the 
quality of the finished products before shipping. Making and modifying 
the product for this regulation does not include grafting, polymerizing 
the polyol, or reacting it with compounds other than EO or PO.
    Maximum true vapor pressure is defined in Sec.  63.111, except that 
the terms ``transfer'' and ``transferred'' shall not apply for the 
purposes of this subpart.
    New process unit means a process unit for which the construction or 
reconstruction commenced after September 4, 1997.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, a location within the plant site where the affected source 
is located. On-site storage of records includes, but is not limited to, 
a location at the affected source or PMPU to which the records pertain 
or a location elsewhere at the plant site where the affected source is 
located.
    Operating day refers to the 24-hour period defined by the owner or 
operator in the Notification of Compliance Status required by Sec.  
63.1439(e)(5). That 24-hour period may be from midnight to

[[Page 639]]

midnight or another 24-hour period. The operating day is the 24-hour 
period for which daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 4 of this subpart, or any other 
chemical which:
    (1) Is knowingly produced or introduced into the manufacturing 
process other than as an impurity; and
    (2) Is listed in Table 2 of 40 CFR part 63, subpart F in the HON.
    Polyether polyol means a compound formed through the polymerization 
of EO or PO or other cyclic ethers with compounds having one or more 
reactive hydrogens (i.e., a hydrogen atom bonded to nitrogen, oxygen, 
phosphorus, sulfur, etc.) to form polyethers (i.e., compounds with two 
or more ether bonds). This definition of polyether polyol excludes 
cellulose ethers (such as methyl cellulose, carboxymethyl cellulose, 
hydroxyethyl cellulose, hydroxy ethyl cellulose, and hydroxypropyl 
methyl cellulose) and materials regulated under 40 CFR part 63, subparts 
F, G, and H (the HON), such as glycols and glycol ethers.
    Polyether polyol manufacturing process unit (PMPU) means a process 
unit that manufactures a polyether polyol as its primary product, or a 
process unit designated as a polyether polyol manufacturing unit in 
accordance with Sec.  63.1420(e)(2). A polyether polyol manufacturing 
process unit consists of more than one unit operation. This collection 
of equipment includes purification systems, reactors and their 
associated product separators and recovery devices, distillation units 
and their associated distillate receivers and recovery devices, other 
associated unit operations, storage vessels, surge control vessels, 
bottoms receivers, product transfer racks, connected ducts and piping, 
combustion, recovery, or recapture devices or systems, and the equipment 
(i.e., all pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, and instrumentation systems that are associated with the 
PMPU) that are subject to the equipment leak provisions as specified in 
Sec.  63.1434.
    Pressure decay curve is the graph of the reactor pressure versus 
time from the point when epoxide feed is stopped until the reactor 
pressure is constant, indicating that most of the epoxide has reacted 
out of the vapor and liquid phases. This curve shall be determined with 
no leaks or vents from the reactor.
    Primary product is defined in and determined by the procedures 
specified in Sec.  63.1420(e).
    Process unit means a collection of equipment assembled and connected 
by pipes or ducts to process raw materials and to manufacture a product.
    Process vent means a point of emission from a unit operation having 
a gaseous stream that is discharged to the atmosphere either directly or 
after passing through one or more combustion, recovery, or recapture 
devices. A process vent from a continuous unit operation is a gaseous 
emission stream containing more than 0.005 weight-percent total organic 
HAP. A process vent from a batch unit operation is a gaseous emission 
stream containing more than 225 kilograms per year (500 pounds per year) 
of organic HAP emissions. Unit operations that may have process vents 
are condensers, distillation units, reactors, or other unit operations 
within the PMPU. Process vents exclude pressure relief device 
discharges, gaseous streams routed to a fuel gas system(s), and leaks 
from equipment regulated under Sec.  63.1434. A gaseous emission stream 
is no longer considered to be a process vent after the stream has been 
controlled and monitored in accordance with the applicable provisions of 
this subpart.
    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

[[Page 640]]

systems pulling vacuum on vessels containing organics.
    Product means a compound or material which is manufactured by a 
process unit. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    Product class means a group of polyether polyols with a similar 
pressure decay curve (or faster pressure decay curves) that are 
manufactured within a given set of operating conditions representing the 
decline in pressure versus time. All products within a product class 
shall have an essentially similar pressure decay curve, and operate 
within a given set of operating conditions. These operating conditions 
are: a minimum reaction temperature; the number of -OH groups in the 
polyol; a minimum catalyst concentration; the type of catalyst (e.g., 
self-catalyzed, base catalyst, or acid catalyst); the epoxide ratio, or 
a range for that ratio; and the reaction conditions of the system (e.g., 
the size of the reactor, or the size of the batch).
    Reactor liquid means the compound or material made in the reactor, 
even though the substance may be transferred to another vessel. This 
material may require further modifications before becoming a final 
product, in which case the reactor liquid is classified as an 
``intermediate.'' This material may be complete at this stage, in which 
case the reactor liquid is classified as a ``product.''
    Reconstruction means the replacement of components of an affected 
source or of a previously unaffected stationary source that becomes an 
affected source as a result of the replacement, to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means 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 (except reflux 
condensers), oil-water separators or organic-water separators, or 
organic removal devices such as decanters, strippers, or thin film 
evaporation units. For the purposes of the monitoring, recordkeeping, or 
reporting requirements of this subpart, recapture devices are considered 
to be recovery devices.
    Residual is defined in Sec.  63.111, except that when the definition 
in Sec.  63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 9 of subpart G'' shall apply, for the purposes of 
this subpart.
    Shutdown means the cessation of operation of an affected source, a 
PMPU within an affected source, a waste management unit or unit 
operation within an affected source, equipment required or used to 
comply with this subpart, or the emptying or degassing of a storage 
vessel. The purposes for a shutdown may include, but are not limited to, 
periodic maintenance, replacement of equipment, or equipment repairs. 
Shutdown does not include the normal periods between batch cycles. For 
continuous unit operations, shutdown includes transitional conditions 
due to changes in product for flexible operation units. For batch unit 
operations, shutdown does not include transitional conditions due to 
changes in product for flexible operation units. For purposes of the 
wastewater provisions, shutdown does not include the routine rinsing or 
washing of equipment between batch cycles.
    Start-up means the setting into operation of an affected source, a 
PMPU within the affected source, a waste management unit or unit 
operation within an affected source, equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For all processes, start-up includes initial start-up and 
operation solely for testing equipment. Start-up does not include the 
recharging of batch unit operations. For continuous unit operations, 
start-up includes transitional conditions due to changes in product for 
flexible operation units. For batch unit operations,

[[Page 641]]

start-up does not include transitional conditions due to changes in 
product for flexible operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP, or organic HAP as impurities only;
    (5) Surge control vessels and bottoms receiver tanks;
    (6) Wastewater storage tanks; and
    (7) Storage vessels assigned to another process unit regulated under 
another subpart of part 63.
    Total organic compounds (TOC) are those compounds, excluding methane 
and ethane, measured according to the procedures of Method 18 or Method 
25A of 40 CFR part 60, appendix A.
    Unit operation means one or more pieces of process equipment used to 
make a single change to the physical or chemical characteristics of one 
or more process streams. Unit operations include, but are not limited 
to, reactors, distillation units, extraction columns, absorbers, 
decanters, condensers, and filtration equipment.
    Vent stream, as used in reference to process vents, means the 
emissions from a process vent.
    Waste management unit is defined in Sec.  63.111, except that when 
the definition in Sec.  63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``PMPU'' shall apply for the purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either
    (i) An annual average concentration of organic HAP listed in Table 4 
of this subpart of at least 5 parts per million by weight and has an 
annual average flow rate of 0.02 liter per minute or greater, or
    (ii) An annual average concentration of organic HAP listed on Table 
4 of this subpart of at least 10,000 parts per million by weight at any 
flow rate; and that
    (2) Is discarded from a PMPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26499, May 8, 2000; 79 
FR 17377, Mar. 27, 2014]



Sec.  63.1424  Emission standards.

    (a) Except as provided under paragraph (b) of this section, the 
owner or operator of an existing or new affected source shall comply 
with the provisions in:
    (1) Sections 63.1425 through 63.1430 for process vents;
    (2) Section 63.1432 for storage vessels;
    (3) Section 63.1433 for wastewater;
    (4) Section 63.1434 for equipment leaks;
    (5) Section 63.1435 for heat exchangers;
    (6) Section 63.1437 for additional test methods and procedures;
    (7) Section 63.1438 for monitoring levels and excursions; and
    (8) Section 63.1439 for general reporting and recordkeeping 
requirements.
    (b) When emissions of different kinds (i.e., emissions from process 
vents subject to Sec. Sec.  63.1425 through 63.1430, storage vessels 
subject to Sec.  63.1432, process wastewater, and/or in-process 
equipment subject to Sec.  63.149) are combined, and at least one of the 
emission streams would require control according to the applicable 
provision in the absence of combination with other emission streams, the 
owner or operator shall comply with the requirements of either paragraph 
(b)(1) or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emission in the stream as specified in paragraphs (a)(1) through 
(5) of this section; or
    (2) Comply with the most stringent set of requirements that applies 
to any individual emission stream that is included in the combined 
stream, where

[[Page 642]]

either that emission stream would be classified as requiring control in 
the absence of combination with other emission streams, or the owner 
chooses to consider that emission stream to require control for the 
purposes of this paragraph.



Sec.  63.1425  Process vent control requirements.

    (a) Applicability of process vent control requirements. For each 
process vent at an affected source, the owner or operator shall comply 
with the provisions of this section. Owners and operators of all 
affected sources using epoxides in the production of polyether polyols 
are subject to the requirements of paragraph (b) of this section. Owners 
or operators are subject to the requirements of paragraph (c) of this 
section only if epoxides are used in the production of polyether polyols 
and nonepoxide organic HAP are used to make or modify the product. 
Similarly, owners or operators are subject to the requirements of 
paragraph (d) of this section only if epoxides are used in the 
production of polyether polyols and organic HAP are used in catalyst 
extraction. The owner or operator of an affected source where polyether 
polyol products are produced using tetrahydrofuran shall comply with 
paragraph (f) of this section.
    (b) Requirements for epoxide emissions. The owner or operator of an 
affected source where polyether polyol products are produced using 
epoxides shall reduce epoxide emissions from process vents from batch 
unit operations and continuous unit operations within each PMPU in 
accordance with either paragraph (b)(1) or (2) of this section.
    (1) For new affected sources, the owner or operator shall comply 
with paragraph (b)(1)(i), (ii), or (iii) this section. The owner or 
operator also has the option of complying with a combination of 
paragraphs (b)(1)(i) and (ii) of this section. If the owner or operator 
chooses to comply with a combination of paragraphs (b)(1)(i) and (ii) of 
this section, each process vent not controlled in accordance with 
paragraph (b)(1)(ii) of this section shall be part of the group of 
applicable process vents that shall then comply with paragraph (b)(1)(i) 
of this section.
    (i) Reduce the total epoxide emissions from the group of applicable 
process vents by an aggregated 99.9 percent;
    (ii) Maintain an outlet concentration of total epoxides or TOC after 
each combustion, recapture, or recovery device of 20 ppmv or less; or
    (iii) Maintain an emission factor of no greater than 4.43 x 
10-3 kilogram epoxide emissions per megagram of product (4.43 
x 10-3 pounds epoxide emissions per 1,000 pounds of product) 
for all process vents in the PMPU.
    (2) For existing affected sources, the owner or operator shall 
comply with either paragraph (b)(2)(i), (ii), (iii), or (iv) of this 
section. The owner or operator also has the option of complying with a 
combination of paragraphs (b)(2)(ii) and (iii) of this section. If the 
owner or operator chooses to comply with a combination of paragraphs 
(b)(2)(ii) and (iii) of this section, each process vent that is not 
controlled in accordance with paragraph (b)(2)(iii) of this section 
shall be part of the group of applicable process vents that shall then 
comply with paragraph (b)(2)(ii) of this section. The owner or operator 
also has the option of complying with a combination of paragraphs 
(b)(2)(i) and (iii) of this section.
    (i) Reduce the total epoxide emissions from each process vent using 
a flare;
    (ii) Reduce the total epoxide emissions from the group of applicable 
process vents by an aggregated 98 percent;
    (iii) Maintain an outlet concentration of total epoxides or TOC 
after each combustion, recapture or recovery devices of 20 ppmv or less; 
or
    (iv) Maintain an emission factor of no greater than 1.69 x 
10-2 kilogram epoxide emissions per megagram of product (1.69 
x 10-2 pounds epoxide emissions per 1,000 pounds of product) 
for all process vents in the PMPU.
    (c) Requirements for nonepoxide organic HAP emissions from making or 
modifying the product. The owner or operator of a new or existing source 
where polyether polyols are produced using epoxides, and where 
nonepoxide organic HAP are used to make or modify the product, shall 
comply with this paragraph. For each process vent from a continuous

[[Page 643]]

unit operation that is associated with the use of a nonepoxide organic 
HAP to make or modify the product, the owner or operator shall determine 
if the process vent is a Group 1 continuous process vent, as defined in 
Sec.  63.1423. For the combination of process vents from batch unit 
operations that are associated with the use of a nonepoxide organic HAP 
to make or modify the product, the owner or operator shall determine if 
the combination of process vents is a Group 1 combination of batch 
process vents, as defined in Sec.  63.1423.
    (1) Requirements for Group 1 combinations of batch process vents. 
For each Group 1 combination of batch process vents, as defined in Sec.  
63.1423, the owner or operator shall comply with either paragraph 
(c)(1)(i) or (ii) of this section.
    (i) Reduce nonepoxide organic HAP emissions using a flare.
    (ii) Reduce nonepoxide organic HAP emissions by 90 percent using a 
combustion, recovery, or recapture device.
    (2) Requirements for Group 2 combinations of batch process vents. 
For each Group 2 combination of batch process vents, as defined in Sec.  
63.1423, the owner or operator reassess the group status when process 
changes occur, in accordance with the provisions of Sec.  63.1428(g). No 
control requirements apply to these process vents.
    (3) Requirements for Group 1 continuous process vents. For each 
Group 1 continuous process vent, as defined in Sec.  63.1423, the owner 
or operator shall comply with either paragraph (c)(3)(i) or (ii) of this 
section.
    (i) Reduce nonepoxide organic HAP emissions using a flare.
    (ii) Reduce nonepoxide organic HAP emissions by 98 percent using a 
combustion, recovery, or recapture device.
    (4) Requirements for Group 2 continuous process vents. For each 
Group 2 continuous process vent, as defined in Sec.  63.1423, the owner 
or operator shall comply with either paragraph (c)(4)(i) or (ii) of this 
section.
    (i) If the TRE for the process vent is greater than 1.0 but less 
than 4.0, the owner or operator shall comply with the monitoring 
provisions in Sec.  63.1429, the recordkeeping provisions in Sec.  
63.1430(d), and recalculate the TRE index value when process changes 
occur, in accordance with the provisions in Sec.  63.1428(h)(2).
    (ii) If the TRE for the process vent is greater than 4.0, the owner 
or operator shall recalculate the TRE index value when process changes 
occur, in accordance with the provisions in Sec.  63.1428(h)(2).
    (d) Requirements for nonepoxide organic HAP emissions from catalyst 
extraction. The owner or operator of a new or existing affected source 
where polyether polyol products are produced using epoxide compounds 
shall comply with either paragraph (d)(1) or (2) of this section. A PMPU 
that does not use any nonepoxide organic HAP in catalyst extraction is 
exempt from the requirements of this paragraph.
    (1) Reduce emissions of nonepoxide organic HAP from all process 
vents associated with catalyst extraction using a flare; or
    (2) Reduce emissions of nonepoxide organic HAP from the sum total of 
all process vents associated with catalyst extraction by an aggregated 
90 percent for each PMPU.
    (e) [Reserved]
    (f) Requirements for process vents at PMPUs that produce polyether 
polyol products using tetrahydrofuran. For each process vent in a PMPU 
that uses tetrahydrofuran (THF) to produce one or more polyether polyol 
products that is, or is part of, an affected source, the owner or 
operator shall comply with the HON process vent requirements in 
Sec. Sec.  63.113 through 63.118, except as provided for in paragraphs 
(f)(1) through (10) of this section.
    (1) When December 31, 1992 is referred to in the HON process vent 
requirements in Sec.  63.113, it shall be replaced with September 4, 
1997, for the purposes of this subpart.
    (2) When Sec.  63.151(f), alternative monitoring parameters, and 
Sec.  63.152(e), submission of an operating permit application, are 
referred to in Sec. Sec.  63.114(c) and 63.117(e), Sec.  63.1439(f), 
alternative monitoring parameters, and Sec.  63.1439(e)(8), submission 
of an operating permit application, respectively, shall apply for the 
purposes of this subpart.
    (3) When the Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in Sec. Sec.  63.114,

[[Page 644]]

63.117, and 63.118, the Notification of Compliance Status requirements 
contained in Sec.  63.1439(e)(5) shall apply for the purposes of this 
subpart.
    (4) When the Periodic Report requirements contained in Sec.  
63.152(c) are referred to in Sec. Sec.  63.117 and 63.118, the Periodic 
Report requirements contained in Sec.  63.1439(e)(6) shall apply for the 
purposes of this subpart.
    (5) When the definition of excursion in Sec.  63.152(c)(2)(ii)(A) is 
referred to in Sec.  63.118(f)(2), the definition of excursion in Sec.  
63.1438(f) shall apply for the purposes of this subpart.
    (6) When Sec.  63.114(e) specifies that an owner or operator shall 
submit the information required in Sec.  63.152(b) in order to establish 
the parameter monitoring range, the owner or operator shall comply with 
the provisions of Sec.  63.1438 for establishing the parameter 
monitoring level and shall comply with Sec.  63.1439(e)(5)(ii) or Sec.  
63.1439(e)(8) for the purposes of reporting information related to the 
establishment of the parameter monitoring level, for the purposes of 
this subpart. Further, the term ``level'' shall apply whenever the term 
``range'' is used in Sec. Sec.  63.114, 63.117, and 63.118.
    (7) When reports of process changes are required under Sec.  
63.118(g), (h), (i), or (j), paragraphs (f)(7)(i) through (iv) of this 
section shall apply for the purposes of this subpart.
    (i) For the purposes of this subpart, whenever a process change, as 
defined in Sec.  63.115(e), is made that causes a Group 2 process vent 
to become a Group 1 process vent, the owner or operator shall submit a 
report within 180 days after the process change is made or the 
information regarding the process change is known to the owner or 
operator. This report may be included in the next Periodic Report. A 
description of the process change shall be included in this report.
    (ii) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 process vent with a TRE greater than 4.0 to 
become a Group 2 process vent with a TRE less than 4.0, the owner or 
operator shall submit a report within 180 days after the process change 
is made or the information regarding the process change is known to the 
owner or operator, unless the flow rate is less than 0.005 standard 
cubic meters per minute. This report may be included in the next 
Periodic Report. A description of the process change shall be included 
in this report.
    (iii) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 process vent with a flow rate less than 0.005 
standard cubic meter per minute (scmm) to become a Group 2 process vent 
with a flow rate of 0.005 scmm or greater and a TRE index value less 
than or equal to 4.0, the owner or operator shall submit a report within 
180 days after the process change is made or the information regarding 
the process change is known to the owner or operator, unless the organic 
HAP concentration is less than 50 ppmv. This report may be included in 
the next Periodic Report. A description of the process change shall be 
submitted with the report.
    (iv) Whenever a process change, as defined in Sec.  63.115(e), is 
made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume (ppmv) to become 
a Group 2 process vent with an organic HAP concentration of 50 ppmv or 
greater and a TRE index value less than or equal to 4.0, the owner or 
operator shall submit a report within 180 days after the process change 
is made or the information regarding the process change is known to the 
owner or operator, unless the flow rate is less than 0.005 standard 
cubic meters per minute. This report may be included in the next 
Periodic Report. A description of the process change shall be submitted 
with this report.
    (8) When Sec.  63.118 refers to Sec.  63.152(f), the recordkeeping 
requirements in Sec.  63.1439(d) shall apply for the purposes of this 
subpart.
    (9) When Sec. Sec.  63.115 and 63.116 refer to Table 2 of 40 CFR 
part 63, subpart F, the owner or operator shall only consider organic 
HAP as defined in this subpart.
    (10) When the provisions of Sec.  63.116(c)(3) and (4) specify that 
Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or Method 
25A, 40 CFR part 60, appendix A may be used for the purposes of this 
subpart. The use of Method 25A, 40 CFR part 60, appendix A

[[Page 645]]

shall comply with paragraphs (f)(10)(i) and (ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.



Sec.  63.1426  Process vent requirements for determining organic
HAP concentration, control efficiency, and aggregated organic HAP
emission reduction for a PMPU.

    (a) Use of a flare. When a flare is used to comply with Sec.  
63.1425(b)(1)(i) (in combination with other control techniques), 
(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1), the owner or operator shall 
comply with Sec.  63.1437(c), and is not required to demonstrate the 
control efficiency for the flare, if the owner or operator chooses to 
assume a 98 percent control efficiency for that flare, as allowed under 
paragraph (e)(2)(i) of this section. In order to use only a flare to 
comply with Sec.  63.1425(b)(1)(i), or to use a flare and apply a 
control efficiency greater than 98 percent, an owner or operator shall 
submit a request in accordance with Sec.  63.6(g) in either the 
Precompliance Report described in Sec.  63.1439(e)(4), or in a 
supplement to the precompliance report, as described in Sec.  
63.1439(e)(4)(vii).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a combustion, recovery, or 
recapture device specified in paragraphs (b)(1) through (6) of this 
section is used to comply with Sec.  63.1425(b), (c), or (d).
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the process vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (3) A combustion, recovery, or recapture device for which a 
performance test was conducted within the preceding 5-year period, using 
the same Methods specified in this section and either no deliberate 
process changes have been made since the test, or the owner or operator 
can demonstrate that the results of the performance test, with or 
without adjustments, reliably demonstrate compliance despite process 
changes. The operating parameters reported under the previous 
performance test shall be sufficient to meet the parameter monitoring 
requirements in this subpart.
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final hazardous waste permit under 40 CFR part 
270 and complies with the requirements for hazardous waste burned in 
boilers and industrial furnaces in 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
for hazardous waste burned in boilers and industrial furnaces in of 40 
CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements for incinerators in 40 CFR part 264, subpart O, or has 
certified compliance with the interim status requirements for 
incinerators in 40 CFR part 265, subpart O.
    (6) Combustion, recovery or recapture device (except for condensers) 
performance may be determined by using the design evaluation described 
in paragraph (f) of this section, provided that the combustion, recovery 
or recapture device receives less than 10 tons per year (9.1 megagrams 
per year) of uncontrolled organic HAP emissions from one or more PMPUs, 
determined in accordance with paragraph (d) of this section. If a 
combustion, recovery or recapture device exempted from testing in 
accordance with this paragraph receives more than 10 tons per year (9.1 
megagrams per year) of uncontrolled organic HAP emissions from one or 
more PMPUs, the owner or operator shall comply with the performance test 
requirements in paragraph (c) of this section and shall submit the test 
report in the next Periodic Report.
    (c) Determination of organic HAP concentration and control 
efficiency. Except

[[Page 646]]

as provided in paragraphs (a) and (b) of this section, an owner or 
operator using a combustion, recovery, or recapture device to comply 
with an epoxide or organic HAP percent reduction efficiency requirement 
in Sec.  63.1425(b)(1)(i), (b)(2)(ii), (c)(1)(ii), (c)(3)(ii), or 
(d)(2); an epoxide concentration limitation in Sec.  63.1425(b)(1)(ii) 
or (b)(2)(ii); or an annual epoxide emission limitation in Sec.  
63.1425(b)(1)(iii) or (b)(2)(iv), shall conduct a performance test using 
the applicable procedures in paragraphs (c)(1) through (4) of this 
section. The organic HAP or epoxide concentration and percent reduction 
may be measured as total epoxide, total organic HAP, or as TOC minus 
methane and ethane according to the procedures specified. When 
conducting testing in accordance with this section, the owner or 
operator is only required to measure HAP of concern for the specific 
requirement for which compliance is being determined. For instance, to 
determine compliance with the epoxide emission requirement of Sec.  
63.1425(b), the owner or operator is only required to measure epoxide 
control efficiency or outlet concentration.
    (1) Sampling site location. The sampling site location shall be 
determined as specified in paragraphs (c)(1)(i) and (ii) of this 
section.
    (i) For determination of compliance with a percent reduction of 
total epoxide requirement in Sec.  63.1425(b)(1)(i), (b)(2)(ii), or a 
percent reduction of total organic HAP requirement in Sec.  
63.1425(c)(1)(ii), (c)(3)(ii), or (d)(2), sampling sites shall be 
located at the inlet of the combustion, recovery, or recapture device as 
specified in paragraphs (c)(1)(i)(A), (B), and (C) of this section, and 
at the outlet of the combustion, recovery, or recapture device.
    (A) For process vents from continuous unit operations, the inlet 
sampling site shall be determined in accordance with either paragraph 
(c)(1)(i)(A)(1) or (2) of this section.
    (1) To demonstrate compliance with either the provisions for epoxide 
emissions in Sec.  63.1425(b) or the provisions for nonepoxide organic 
HAP emissions from catalyst extraction in Sec.  63.1425(d), the inlet 
sampling site shall be located after the exit from the continuous unit 
operation but before any recovery devices, or
    (2) To demonstrate compliance with the requirements for nonepoxide 
organic HAP emissions from the use of nonepoxide organic HAP in making 
or modifying the product in Sec.  63.1425(c), the inlet sampling site 
shall be located after all control techniques to reduce epoxide 
emissions and after the final nonepoxide organic HAP recovery device.
    (B) For process vents from batch unit operations, the inlet sampling 
site shall be determined in accordance with either paragraph 
(c)(1)(i)(B)(1) or (2) of this section.
    (1) To demonstrate compliance with either the provisions for epoxide 
emissions in Sec.  63.1425(b) or the provisions for nonepoxide organic 
HAP emissions from catalyst extraction in Sec.  63.1425(d), the inlet 
sampling site shall be located after the exit from the batch unit 
operation but before any recovery device.
    (2) To demonstrate compliance with the requirements for nonepoxide 
organic HAP emissions in making or modifying the product in Sec.  
63.1425(c), the inlet sampling site shall be located after all control 
techniques to reduce epoxide emissions but before any nonepoxide organic 
HAP recovery device.
    (C) If a process vent stream is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all process vent streams 
and primary and secondary fuels introduced into the boiler or process 
heater.
    (ii) To determine compliance with a parts per million by volume 
total epoxide or TOC limit in Sec.  63.1425(b)(1)(ii) or (b)(2)(iii), 
the sampling site shall be located at the outlet of the combustion, 
recovery, or recapture device.
    (2) [Reserved]
    (3) Testing conditions and calculation of TOC or total organic HAP 
concentration. (i) Testing conditions shall be as specified in 
paragraphs (c)(3)(i)(A) through (E) of this section, as appropriate.

[[Page 647]]

    (A) Testing of process vents from continuous unit operations shall 
be conducted at maximum representative operating conditions, as 
described in Sec.  63.1437(a)(1). Each test shall consist of three l-
hour runs. Gas stream volumetric flow rates shall be measured at 
approximately equal intervals of about 15 minutes during each 1-hour 
run. The organic HAP concentration (of the HAP of concern) shall be 
determined from samples collected in an integrated sample over the 
duration of each l-hour test run, or from grab samples collected 
simultaneously with the flow rate measurements (at approximately equal 
intervals of about 15 minutes). If an integrated sample is collected for 
laboratory analysis, the sampling rate shall be adjusted proportionally 
to reflect variations in flow rate. For gas streams from continuous unit 
operations, the organic HAP concentration or control efficiency used to 
determine compliance shall be the average organic HAP concentration or 
control efficiency of the three test runs.
    (B) Testing of process vents from batch unit operations shall be 
conducted at absolute worst-case conditions or hypothetical worst-case 
conditions, as defined in paragraphs (c)(3)(i)(B)(1) through (5) of this 
section. Worst-case conditions are limited to the maximum production 
allowed in a State or Federal permit or regulation and the conditions 
specified in Sec.  63.1437(a)(1). Gas stream volumetric flow rates shall 
be measured at 15-minute intervals, or at least once during the emission 
episode. The organic HAP or TOC concentration shall be determined from 
samples collected in an integrated sample over the duration of the test, 
or from grab samples collected simultaneously with the flow rate 
measurements (at approximately equal intervals of about 15 minutes). If 
an integrated sample is collected for laboratory analysis, the sampling 
rate shall be adjusted proportionally to reflect variations in flow 
rate.
    (1) Absolute worst-case conditions are defined by the criteria 
presented in paragraph (c)(3)(i)(B)(1)(i) or (ii) of this section if the 
maximum load is the most challenging condition for the control device. 
Otherwise, absolute worst-case conditions are defined by the conditions 
in paragraph (c)(3)(i)(B)(1)(iii) of this section.
    (i) The period in which the inlet to the control device will contain 
at least 50 percent of the maximum HAP load (in lbs) capable of being 
vented to the control device over any 8-hour period. An emission profile 
as described in paragraph (c)(3)(i)(B)(3)(i) of this section shall be 
used to identify the 8-hour period that includes the maximum projected 
HAP load.
    (ii) A period of time in which the inlet to the control device will 
contain the highest HAP mass loading rate capable of being vented to the 
control device. An emission profile as described in paragraph 
(c)(3)(i)(B)(3)(i) of this section shall be used to identify the period 
of maximum HAP loading.
    (iii) The period of time when the HAP loading or stream composition 
(including non-HAP) is most challenging for the control device. These 
conditions include, but are not limited to the following: periods when 
the stream contains the highest combined VOC and HAP load described by 
the emission profiles in paragraph (c)(3)(i)(B)(3) of this section; 
periods when the streams contain HAP constituents that approach limits 
of solubility for scrubbing media; or periods when the streams contain 
HAP constituents that approach limits of adsorptivity for carbon 
adsorption systems.
    (2) Hypothetical worst-case conditions are simulated test conditions 
that, at a minimum, contain the highest hourly HAP load of emissions 
that would be predicted to be vented to the control device from the 
emissions profile described in paragraph (c)(3)(i)(B)(3)(ii) or (iii) of 
this section.
    (3) The owner or operator shall develop an emission profile for the 
vent to the control device that describes the characteristics of the 
vent stream at the inlet to the control device under worst case 
conditions. The emission profile shall be developed based on any one of 
the procedures described in paragraphs (c)(3)(i)(B)(3) (i) through (iii) 
of this section, as required by paragraph (c)(3)(i)(B) of this section.
    (i) The emission profile shall consider all emission episodes that 
could contribute to the vent stack for a period of

[[Page 648]]

time that is sufficient to include all processes venting to the stack 
and shall consider production scheduling. The profile shall describe the 
HAP load to the device that equals the highest sum of emissions from the 
episodes that can vent to the control device in any given period, not to 
exceed 1 hour. Emissions per episode shall be divided by the duration of 
the episode only if the duration of the episode is longer than 1 hour, 
and emissions per episode shall be calculated using the procedures 
specified in Equation 1:
[GRAPHIC] [TIFF OMITTED] TR08MY00.002

Where:

E = Mass of HAP emitted.
V = Purge flow rate at the temperature and pressure of the vessel vapor 
          space.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space (absolute).
Pi = Partial pressure of the individual HAP.
Pj = Partial pressure of individual condensable VOC compounds 
          (including HAP).
PT = Pressure of the vessel vapor space.
MWi = Molecular weight of the individual HAP.
t = Time of purge.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
m = Number of condensable compounds (including HAP) in the emission 
          stream.

    (ii) The emission profile shall consist of emissions that meet or 
exceed the highest emissions that would be expected under actual 
processing conditions. The profile shall describe equipment 
configurations used to generate the emission events, volatility of 
materials processed in the equipment, and the rationale used to identify 
and characterize the emission events. The emissions may be based on 
using compounds more volatile than compounds actually used in the 
process(es), and the emissions may be generated from all equipment in 
the process(es) or only selected equipment.
    (iii) The emission profile shall consider the capture and control 
system limitations and the highest emissions that can be routed to the 
control device, based on maximum flow rate and concentrations possible 
because of limitations on conveyance and control equipment (e.g., fans, 
LEL alarms and safety bypasses).
    (4) Three runs, each at a minimum of the complete duration of the 
batch venting episode or 1 hour, whichever is shorter, and a maximum of 
8 hours, are required for performance testing. Each run shall occur over 
the same worst-case conditions, as defined in paragraph (c)(3)(i)(B) of 
this section.
    (5) If a condenser is used to control the process vent stream(s), 
the worst case emission episode(s) shall represent a period of time in 
which a process vent from the batch cycle or combination of cycles (if 
more than one cycle is vented through the same process vent) will 
require the maximum heat removal capacity, in Btu/hr, to cool the 
process vent stream to a temperature that, upon calculation of HAP 
concentration, will yield the required removal efficiency for the entire 
cycle. The calculation of maximum heat load shall be based on the 
emission profile described in paragraph (c)(3)(i)(B)(3) of this section 
that will allow calculation of sensible and latent heat loads.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP (of the HAP of concern) shall be calculated according 
to paragraph (c)(3)(ii)(A) or (B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 2:

[[Page 649]]

[GRAPHIC] [TIFF OMITTED] TR08MY00.003

Where:

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

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to Equation 2, except that only the organic HAP 
species shall be summed.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is used.
    (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 
(%02d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) or total organic HAP samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen shall be 
computed using Equation 3, as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.002

Where:

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

    (4) Test methods. When testing is conducted to measure emissions 
from an affected source, the test methods specified in paragraphs 
(c)(4)(i) through (iv) of this section shall be used, as applicable.
    (i) For sample and velocity traverses, Method 1 or 1A of appendix A 
of part 60 shall be used, as appropriate, except that references to 
particulate matter in Method 1A do not apply for the purposes of this 
subpart.
    (ii) The velocity and gas volumetric flow rate shall be determined 
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate.
    (iii) The concentration measurements shall be determined using the 
methods described in paragraphs (c)(4)(iii) (A) through (C) of this 
section.
    (A) Method 18 of appendix A of part 60 may be used to determine the 
HAP concentration in any control device efficiency determination.
    (B) Method 25 of appendix A of part 60 may be used to determine 
total gaseous nonmethane organic concentration for control efficiency 
determinations in combustion devices.
    (C) Method 25A of appendix A of part 60 may be used to determine the 
HAP or TOC concentration for control device efficiency determinations 
under the conditions specified in Method 25 of appendix A of part 60 for 
direct measurements of an effluent with a flame ionization detector, or 
in demonstrating compliance with the 20 ppmv standard, the instrument 
shall be calibrated on methane or the predominant HAP. If calibrating on 
the predominant HAP, the use of Method 25A of appendix A of part 60 
shall comply with paragraphs (c)(4)(iii)(C) (1) through (3) of this 
section.
    (1) The organic HAP used as the calibration gas for Method 25A of 
appendix A of part 60 shall be the single organic HAP representing the 
largest percent by volume.
    (2) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable 
if the response from the high level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (3) The span value of the analyzer shall be less than 100 ppmv.
    (iv) Alternatively, any other method or data that have been 
validated according to the applicable procedures in 40 CFR part 63, 
appendix A, Method 301 may be used.
    (5) Calculation of percent reduction efficiency. The following 
procedures shall

[[Page 650]]

be used to calculate percent reduction efficiency:
    (i) Test duration shall be as specified in paragraphs (c)(3)(i) (A) 
through (B) of this section, as appropriate.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
organic HAP of the HAP of concern (Ei, Eo) shall 
be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR08MY00.004
    
    [GRAPHIC] [TIFF OMITTED] TR08MY00.005
    
Where:

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

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using Equations 4 and 5 in paragraph 
(c)(5)(ii)(A) of this section.
    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using Equations 4 and 5 in 
paragraph (c)(5)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated using Equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.005

Where:

R = Control efficiency of combustion, recovery, or recapture device, 
          percent.
Ei = Mass rate of TOC (minus methane and ethane) or total 
          organic HAP at the inlet to the combustion, recovery, or 
          recapture device as calculated under paragraph (c)(5)(ii) of 
          this section, kilograms TOC per hour or kilograms organic HAP 
          per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
          organic HAP at the outlet of the combustion, recovery, or 
          recapture device, as calculated under paragraph (c)(5)(ii) of 
          this section, kilograms TOC per hour or kilograms organic HAP 
          per hour.

    (iv) If the process vent stream entering a boiler or process heater 
with a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP or TOC (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic HAP in all combusted process vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total organic 
HAP, respectively, exiting the combustion device.
    (d) Determination of uncontrolled organic HAP emissions. For each 
process vent at a PMPU that is complying with the process vent control 
requirements in Sec.  63.1425(b)(1)(i), (b)(1)(iii), (b)(2)(ii), 
(b)(2)(iv), (c)(1)(ii), or (d)(2) using a combustion, recovery, or 
recapture device, the owner or operator shall determine the uncontrolled 
organic HAP emissions in accordance with the provisions of this 
paragraph, with the exceptions noted in paragraph (d)(1) of this 
section. The provisions of Sec.  63.1427(c)(1) shall be used to 
calculate uncontrolled epoxide emissions prior to the onset of an 
extended cook out.
    (1) Exemptions. The owner or operator is not required to determine 
uncontrolled organic HAP emissions for process vents in a PMPU if the 
conditions in paragraph (d)(1)(i), (ii), or (iii) of this section are 
met.
    (i) For PMPUs where all process vents subject to the epoxide 
emission reduction requirements of Sec.  63.1425(b)

[[Page 651]]

are controlled at all times using a combustion, recovery, or recapture 
device, or extended cookout, the owner or operator is not required to 
determine uncontrolled epoxide emissions.
    (ii) For PMPUs where the combination of process vents from batch 
unit operations associated with the use of nonepoxide organic HAP to 
make or modify the product is subject to the Group 1 requirements of 
Sec.  63.1425(c)(1), the owner or operator is not required to determine 
uncontrolled nonepoxide organic HAP emissions for those process vents if 
every process vent from a batch unit operation associated with the use 
of nonepoxide organic HAP to make or modify the product in the PMPU is 
controlled at all times using a combustion, recovery, or recapture 
device.
    (iii) For PMPUs where all process vents associated with catalyst 
extraction that are subject to the organic emission reduction 
requirements of Sec.  63.1425(d)(2) are controlled at all times using a 
combustion, recovery, or recapture device, the owner or operator is not 
required to determine uncontrolled organic HAP emissions for those 
process vents.
    (2) Process vents from batch unit operations. The uncontrolled 
organic HAP emissions from an individual batch cycle for each process 
vent from a batch unit operation shall be determined using the 
procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 
63, subpart U), Sec.  63.488(b)(1) through (9). Uncontrolled emissions 
from process vents from batch unit operations shall be determined after 
the exit from the batch unit operation but before any recovery device.
    (3) Process vents from continuous unit operations. The uncontrolled 
organic HAP emissions for each process vent from a continuous unit 
operation in a PMPU shall be determined at the location specified in 
paragraph (d)(3)(i) of this section, using the procedures in paragraph 
(d)(3)(ii) of this section.
    (i) For process vents subject to either the provisions for epoxide 
emissions in Sec.  63.1425(b) or the provisions for organic HAP 
emissions from catalyst extraction in Sec.  63.1425(d), uncontrolled 
emissions shall be determined after the exit from the continuous unit 
operation but before any recovery device.
    (ii) The owner or operator shall determine the hourly uncontrolled 
organic HAP emissions from each process vent from a continuous unit 
operation in accordance with paragraph (c)(5)(ii) of this section, 
except that the emission rate shall be determined at the location 
specified in paragraph (d)(3)(i) of this section.
    (e) Determination of organic HAP emission reduction for a PMPU. (1) 
The owner or operator shall determine the organic HAP emission reduction 
for process vents in a PMPU that are complying with Sec.  
63.1425(b)(1)(i), (b)(2)(ii), (c)(1)(ii), or (d)(2) using Equation 7. 
The organic HAP emission reduction shall be determined for each group of 
process vents subject to the same paragraph (i.e., paragraph (b), (c), 
or (d)) of Sec.  63.1425. For instance, process vents that emit epoxides 
are subject to paragraph (b) of Sec.  63.1425. Therefore, if the owner 
or operator of an existing affected source is complying with the 98 
percent reduction requirement in Sec.  63.1425(b)(2)(ii), the organic 
HAP (i.e., epoxide) emission reduction shall be determined for the group 
of vents in a PMPU that are subject to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR08MY00.006


[[Page 652]]


Where:

REDPMPU = Organic HAP emission reduction for the group of 
          process vents subject to the same paragraph of Sec.  63.1425, 
          percent.
Eunc, i = Uncontrolled organic HAP emissions from process 
          vent i that is controlled using a combustion, recovery, or 
          recapture device, or extended cookout, kg/batch cycle for 
          process vents from batch unit operations, kg/hr for process 
          vents from continuous unit operations.
n = Number of process vents in the PMPU that are subject to the same 
          paragraph of Sec.  63.1425 and that are controlled using a 
          combustion, recovery, or recapture device, or extended 
          cookout.
Ri = Control efficiency of the combustion, recovery, or 
          recapture device, or extended cookout, used to control organic 
          HAP emissions from vent i, determined in accordance with 
          paragraph (e)(2) of this section.
Eunc, j = Uncontrolled organic HAP emissions from process 
          vent j that is not controlled using a combustion, recovery, or 
          recapture device, kg/batch cycle for process vents from batch 
          unit operations, kg/hr for process vents from continuous unit 
          operations.
m = Number of process vents in the PMPU that are subject to the same 
          paragraph of Sec.  63.1425 and that are not controlled using a 
          combustion, recovery, or recapture device.

    (2) The control efficiency, Ri, shall be assigned as 
specified below in paragraph (e)(2)(i), (ii), (iii), or (iv) of this 
section.
    (i) If the process vent is controlled using a flare (and the owner 
or operator has not previously obtained approval to assume a control 
efficiency greater than 98 percent in accordance with Sec.  63.6(g)) or 
a combustion device specified in paragraph (b)(1), (2), (4), or (5) of 
this section, and a performance test has not been conducted, the control 
efficiency shall be assumed to be 98 percent.
    (ii) 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 paragraph (c) of this section, or for 
which a performance test that meets the requirements of paragraph (b)(3) 
of this section has been previously performed, the control efficiency 
shall be the efficiency determined by the performance test.
    (iii) If epoxide emissions from the process vent are controlled 
using extended cookout, the control efficiency shall be the efficiency 
determined in accordance with Sec.  63.1427(e).
    (iv) If the process vent is controlled using a flare, and the owner 
or operator has obtained approval to assume a control efficiency greater 
than 98 percent in accordance with Sec.  63.6(g), the control efficiency 
shall be the efficiency approved in accordance with Sec.  63.6(g).
    (f) Design evaluation. A design evaluation is required for those 
control techniques that receive less than 10 tons per year (9.1 
megagrams per year) of uncontrolled organic HAP emissions from one or 
more PMPU, if the owner or operator has chosen not to conduct a 
performance test for those control techniques in accordance with 
paragraph (b)(6) of this section. The design evaluation shall include 
documentation demonstrating that the control technique being used 
achieves the required control efficiency under worst-case conditions, as 
determined from the emission profile described in Sec.  
63.1426(c)(3)(i)(B)(3)(i).
    (1) Except for ECO whose design evaluation is presented in paragraph 
(f)(2) of this section, to demonstrate that a control technique meets 
the required control efficiency, a design evaluation shall address the 
composition and organic HAP concentration of the vent stream, 
immediately preceding the use of the control technique. A design 
evaluation shall also address other vent stream characteristics and 
control technique operating parameters, as specified in any one of 
paragraphs (f)(1)(i) through (vi) of this section, depending on the type 
of control technique that is used. If the vent stream is not the only 
inlet to the control technique, the owner or operator shall also account 
for all other vapors, gases, and liquids, other than fuels, received 
into the control technique from one or more PMPUs, for purposes of the 
efficiency determination.
    (i) For an enclosed combustion technique used to comply with the 
provisions of Sec.  63.1425(b)(1), (c)(1), or (d), with a minimum 
residence time of 0.5 seconds and a minimum temperature of 760 [deg]C, 
the design evaluation shall document that these conditions exist.
    (ii) For a combustion control technique that does not satisfy the 
criteria

[[Page 653]]

in paragraph (f)(1)(i) of this section, the design evaluation shall 
document the control efficiency and address the characteristics listed 
in paragraphs (f)(1)(ii)(A) through (C) of this section, depending on 
the type of control technique.
    (A) For a thermal vapor incinerator, in the design evaluation the 
owner or operator shall consider the autoignition temperature of the 
organic HAP, shall consider the vent stream flow rate, and shall 
establish the design minimum and average temperatures in the combustion 
zone and the combustion zone residence time.
    (B) For a catalytic vapor incinerator, in the design evaluation the 
owner or operator shall consider the vent stream flow rate and shall 
establish the design minimum and average temperatures across the 
catalyst bed inlet and outlet.
    (C) For a boiler or process heater, in the design evaluation the 
owner or operator shall consider the vent stream flow rate; shall 
establish the design minimum and average flame zone temperatures and 
combustion zone residence time; and shall describe the method and 
location where the vent stream is introduced into the flame zone.
    (iii) For a condenser, in the design evaluation the owner or 
operator shall consider the vent stream flow rate, relative humidity, 
and temperature, and shall establish the design outlet organic HAP 
compound concentration level, design average temperature of the exhaust 
vent stream, and the design average temperatures of the coolant fluid at 
the condenser inlet and outlet. The temperature of the gas stream 
exiting the condenser shall be measured and used to establish the outlet 
organic HAP concentration.
    (iv) For a carbon adsorption system that regenerates the carbon bed 
directly onsite as part of the control technique (such as a fixed-bed 
adsorber), in the design evaluation the owner or operator shall consider 
the vent stream flow rate, relative humidity, and temperature, and shall 
establish the design exhaust vent stream organic compound concentration 
level, adsorption cycle time, number and capacity of carbon beds, type 
and working capacity of activated carbon used for the carbon beds, 
design total regeneration stream mass or volumetric flow over the period 
of each complete carbon bed regeneration cycle, design carbon bed 
temperature after regeneration, design carbon bed regeneration time, and 
design service life of the carbon. For vacuum desorption, the pressure 
drop shall also be included.
    (v) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite as part of the control technique (such as a 
carbon canister), in the design evaluation the owner or operator shall 
consider the vent stream mass or volumetric flow rate, relative 
humidity, and temperature, and shall establish the design exhaust vent 
stream organic compound concentration level, capacity of 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 technique and source operating schedule.
    (vi) For a scrubber, in the design evaluation the owner or operator 
shall consider the vent stream composition, constituent concentrations, 
liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, 
temperature, and the reaction kinetics of the constituents with the 
scrubbing liquid. The design evaluation shall establish the design 
exhaust vent stream organic compound concentration level and shall 
include the additional information in paragraphs (f)(1)(vi) (A) and (B) 
of this section for trays and a packed column scrubber.
    (A) Type and total number of theoretical and actual trays.
    (B) Type and total surface area of packing for entire column and for 
individual packed sections, if the column contains more than one packed 
section.
    (2) For ECO, the design evaluation shall establish the minimum 
duration (time) of the ECO, the maximum pressure at the end of the ECO, 
or the maximum epoxide concentration in the reactor liquid at the end of 
the ECO for each product class.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26499, May 8, 2000]

[[Page 654]]



Sec.  63.1427  Process vent requirements for processes using extended 
cookout as an epoxide emission reduction technique.

    (a) Applicability of extended cookout requirements. Owners or 
operators of affected sources that produce polyether polyols using 
epoxides, and that are using ECO as a control technique to reduce 
epoxide emissions in order to comply with percent emission reduction 
requirements in Sec.  63.1425(b)(1)(i) or (b)(2)(ii) shall comply with 
the provisions of this section. The owner or operator that is using ECO 
in order to comply with the emission factor requirements in Sec.  
63.1425(b)(1)(iii) or Sec.  63.1425(b)(2)(iv) shall demonstrate that the 
specified emission factor is achieved by following the requirements in 
Sec.  63.1431. If additional control devices are used to further reduce 
the HAP emissions from a process vent already controlled by ECO, then 
the owner or operator shall also comply with the testing, monitoring, 
recordkeeping, and reporting requirements associated with the additional 
control device, as specified in Sec. Sec.  63.1426, 63.1429, and 
63.1430, respectively.
    (1) For each product class, the owner or operator shall determine 
the batch cycle percent epoxide emission reduction for the most 
difficult to control product in the product class, where the most 
difficult to control product is the polyether polyol that is 
manufactured with the slowest pressure decay curve.
    (2) The owner or operator may determine the batch cycle percent 
epoxide emission reduction by directly measuring the concentration of 
the unreacted epoxide, or by using process knowledge, reaction kinetics, 
and engineering knowledge, in accordance with paragraph (a)(2)(i) of 
this section.
    (i) If the owner or operator elects to use any method other than 
direct measurement, the epoxide concentration shall be determined by 
direct measurement for one product from each product class and compared 
with the epoxide concentration determined using the selected estimation 
method, with the exception noted in paragraph (a)(2)(ii) of this 
section. If the difference between the directly determined epoxide 
concentration and the calculated epoxide concentration is less than 25 
percent, then the selected estimation method will be considered to be an 
acceptable alternative to direct measurement for that class.
    (ii) If uncontrolled epoxide emissions prior to the end of the ECO 
are less than 10 tons per year (9.1 megagrams per year), the owner or 
operator is not required to perform the direct measurement required in 
paragraph (a)(2)(i) of this section. Uncontrolled epoxide emissions 
prior to the end of the ECO shall be determined by the procedures in 
paragraph (d)(1) of this section.
    (b) Define the end of epoxide feed. The owner or operator shall 
define the end of the epoxide feed in accordance with paragraph (b)(1) 
or (2) of this section.
    (1) The owner or operator shall determine the concentration of 
epoxide in the reactor liquid at the point in time when all epoxide has 
been added to the reactor and prior to any venting. This concentration 
shall be determined in accordance with the procedures in paragraph 
(f)(1)(i) of this section.
    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the end of the epoxide feed may be defined by the 
reactor epoxide partial pressure at the point in time when all epoxide 
reactants have been added to the reactor. This reactor epoxide partial 
pressure shall be determined in accordance with the procedures in 
paragraph (g) of this section.
    (i) No epoxide is emitted before the end of the ECO;
    (ii) Extended cookout is the only control technique to reduce 
epoxide emissions; and
    (iii) The owner or operator elects to determine the percent epoxide 
emission reduction for the ECO using reactor epoxide partial pressure in 
accordance with paragraph (e)(2) of this section.
    (c) Define the onset of the ECO. The owner or operator shall 
calculate the uncontrolled emissions for the batch cycle by calculating 
the epoxide emissions, if any, prior to the onset of the ECO, plus the 
epoxide emissions at the onset of the ECO. The onset of the ECO is 
defined as the point in time when the combined unreacted epoxide 
concentration in the reactor liquid is equal to 25 percent of the 
concentration of epoxides at the end of the epoxide feed,

[[Page 655]]

which was determined in accordance with paragraph (b) of this section.
    (1) The uncontrolled epoxide emissions for the batch cycle shall be 
determined using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR01JN99.007

Where:

Ee, u = Uncontrolled epoxide emissions at the onset of the 
          ECO, kilograms per (kg/)batch.
Cliq, i = Concentration of epoxide in the reactor liquid at 
          the onset of the ECO, which is equal to 25 percent of the 
          concentration of epoxide at the end of the epoxide feed, 
          determined in accordance with paragraph (b)(1) of this 
          section, weight percent.
Vliq, i = Volume of reactor liquid at the onset of the ECO, 
          liters.
Dliq, i = Density of reactor liquid, kg/liter.
Cvap, i = Concentration of epoxide in the reactor vapor space 
          at the onset of the ECO, determined in accordance with 
          paragraph (f)(2) of this section, weight percent.
Vvap, i = Volume of the reactor vapor space at the onset of 
          the ECO, liters.
Dvap, i = Vapor density of reactor vapor space at the onset 
          of the ECO, kg/liter.
Eepox, bef = Epoxide emissions that occur prior to the onset 
          of the ECO, determined in accordance with the provisions of 
          Sec.  63.1426(d), kilograms.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may define the onset of the 
ECO as the point in time when the reactor epoxide partial pressure 
equals 25 percent of the reactor epoxide partial pressure at the end of 
the epoxide feed, and is not required to determine the uncontrolled 
epoxide emissions in accordance with paragraph (c)(1) of this section.
    (d) Determine emissions at the end of the ECO. The owner or operator 
shall calculate the epoxide emissions at the end of the ECO, where the 
end of the ECO is defined as the point immediately before the time when 
the reactor contents are emptied and/or the reactor vapor space purged 
to the atmosphere or to a combustion, recovery, or recapture device.
    (1) The epoxide emissions at the end of the ECO shall be determined 
using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR01JN99.008

Where:

Ee, E = Epoxide emissions at the end of the ECO, kg.
Cliq, f = Concentration of epoxide in the reactor liquid at 
          the end of the ECO, determined in accordance with paragraph 
          (f)(1) of this section, weight percent.
Vliq, f = Volume of reactor liquid at the end of the ECO, 
          liters.
Dliq, f = Density of reactor liquid, kg/liter.
Cvap, f = Concentration of epoxide in the reactor vapor space 
          as it exits the reactor at the end of the ECO, determined in 
          accordance with paragraph (f)(2) of this section, weight 
          percent.
Vvap, f = Volume of the reactor vapor space as it exits the 
          reactor at the end of the ECO, liters.
Dvap, f = Vapor density of reactor vapor space at the end of 
          the ECO, kg/liter.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may determine the reactor 
epoxide partial pressure at the end of the ECO instead of determining 
the uncontrolled epoxide emissions at the end of the ECO in accordance 
with paragraph (d)(1) of this section.
    (e) Determine percent epoxide emission reduction. (1) The owner or 
operator shall determine the percent epoxide emission reduction for the 
batch cycle using Equation 10.

[[Page 656]]

[GRAPHIC] [TIFF OMITTED] TR08MY00.007

Where:

Rbatchcycle = Epoxide emission reduction for the batch cycle, 
          percent.
Ee, E = Epoxide emissions at the end of the ECO determined in 
          accordance with paragraph (d)(1) of this section, kilograms.
Raddon, i = Control efficiency of combustion, recovery, or 
          recapture device that is used to control epoxide emissions 
          after the ECO, determined in accordance with the provisions of 
          Sec.  63.1426(c), percent.
Ee, o = Epoxide emissions that occur before the end of the 
          ECO, determined in accordance with the provisions of Sec.  
          63.1426(d), kilograms.
Raddon, j = Control efficiency of combustion, recovery, or 
          recapture device that is used to control epoxide emissions 
          that occur before the end of the ECO, determined in accordance 
          with the provisions of Sec.  63.1426(c), percent.
Ee, u = Uncontrolled epoxide emissions determined in 
          accordance with paragraph (c)(1) of this section, kilograms.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may determine the percent 
epoxide emission reduction for the batch cycle using reactor epoxide 
partial pressure and Equation 11, instead of using the procedures in 
paragraph (e)(1) of this section.
[GRAPHIC] [TIFF OMITTED] TR29JN04.007

Where:

Rbatchcycle = Epoxide emission reduction for the batch cycle, 
          percent.
Pepox, i = Reactor epoxide partial pressure at the onset of 
          the ECO, determined in accordance with paragraph (c)(2) of 
          this section, mm Hg.
Pepox, f = Reactor epoxide partial pressure at the end of the 
          ECO, determined in accordance with paragraph (c)(2) of this 
          section, mm Hg.

    (f) Determination of epoxide concentrations. The owner or operator 
shall determine the epoxide concentrations in accordance with the 
procedures in this paragraph.
    (1) The owner or operator shall determine the concentration of 
epoxide in the reactor liquid using either direct measurement in 
accordance with paragraph (f)(1)(i) of this section, or reaction 
kinetics in accordance with paragraph (f)(1)(ii) of this section. An 
owner or operator may also request to use an alternative methodology in 
accordance with paragraph (f)(1)(iii) of this section.
    (i) The owner or operator shall submit a standard operating 
procedure for obtaining the liquid sample, along with the test method 
used to determine the epoxide concentration. This information shall be 
submitted in the Precompliance Report.
    (ii) Determine the epoxide concentration in the reactor liquid using 
Equation 12. [Equation 12]
[GRAPHIC] [TIFF OMITTED] TR01JN99.011

Cliq, f = Concentration of epoxide in the reactor liquid at 
          the end of the time period, weight percent.
Cliq, i = Concentration of epoxide in the reactor liquid at 
          the beginning of the time period, weight percent.
k = Reaction rate constant, 1/hr.
t = Time, hours.

    Note: This equation assumes a first order reaction with respect to 
epoxide concentration. where:

    (iii) If the owner/operator deems that the methods listed in 
paragraphs (f)(1)(i) and (ii) of this section are not

[[Page 657]]

appropriate for the reaction system for a PMPU, then the owner/operator 
may submit a request for the use of an alternative method.
    (2) The owner or operator shall determine the concentration of 
epoxide in the reactor vapor space using either direct measurement in 
accordance with paragraph (f)(2)(i) of this section, or by engineering 
estimation in accordance with paragraph (f)(2)(ii) of this section. An 
owner or operator may also request to use an alternative methodology in 
accordance with paragraph (f)(2)(iii) of this section.
    (i) The owner or operator shall take two representative samples from 
a bleed valve off the reactor's process vent. The owner or operator 
shall determine the total epoxide concentration using 40 CFR part 60, 
appendix A, Method 18.
    (ii) Determine the epoxide concentration in the vapor space using 
Raoult's Law or another appropriate phase equilibrium equation and the 
liquid epoxide concentration, determined in accordance with paragraph 
(f)(1) of this section.
    (iii) If the owner/operator deems that the methods listed in 
paragraphs (f)(1)(i) and (ii) of this section are not appropriate for 
the reaction system for a PMPU, then the owner/operator may submit a 
request for the use of an alternative method.
    (g) Determination of pressure. The owner or operator shall determine 
the total pressure of the system using standard pressure measurement 
devices calibrated according to the manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (h) Determination if pressure decay curves are similar. The owner or 
operator shall determine the pressure decay curve as defined in Sec.  
63.1423. Products with similar pressure decay curves constitute a 
product class. To determine if two pressure decay curves are similar 
when the pressure decay curves for products have different starting and 
finishing pressures, the owner or operator shall determine the time when 
the pressure has fallen to half its total pressure by using Equation 13:
[GRAPHIC] [TIFF OMITTED] TR08MY00.008

Where:

Phalf1 = Half the total pressure of the epoxide for product 
          1.
Time (Phalf1) = Time when the pressure has fallen to half its 
          total pressure for product 1.
Phalf2 = Half the total pressure of the epoxide for product 
          2.
Time (Phalf2) = Time when the pressure has fallen to half its 
          total pressure for product 2.
TAVG = The average time to cookout to the point where the 
          epoxide pressure is 25 percent of the epoxide pressure at the 
          end of the feed step for products 1 and 2.

    (i) ECO monitoring requirements. The owner or operator using ECO 
shall comply with the monitoring requirements of this paragraph to 
demonstrate continuous compliance with this subpart. Paragraphs (i)(1) 
through (3) of this section address monitoring of the extended cookout.
    (1) To comply with the provisions of this section, the owner or 
operator shall monitor one of the parameters listed in paragraphs 
(i)(1)(i) through (iii) of this section, or may utilize the provision in 
paragraph (i)(1)(iv) of this section.
    (i) Time from the end of the epoxide feed;
    (ii) The epoxide partial pressure in the closed reactor;
    (iii) Direct measurement of epoxide concentration in the reactor 
liquid at the end of the ECO, when the reactor liquid is still in the 
reactor, or after the reactor liquid has been transferred to another 
vessel; or
    (iv) An owner or operator may submit a request to the Administrator 
to monitor a parameter other than the parameters listed in paragraphs 
(i)(1)(i)

[[Page 658]]

through (iii) of this section, as described in Sec.  63.1439(f).
    (2) During the determination of the percent epoxide emission 
reduction in paragraphs (b) through (e) of this section, the owner or 
operator shall establish, as a level that shall be maintained during 
periods of operation, one of the parameters in paragraphs (i)(2)(i) 
through (iii) of this section, or may utilize the procedure in paragraph 
(i)(2)(iv) of this section, for each product class.
    (i) The time from the end of the epoxide feed to the end of the ECO;
    (ii) The reactor epoxide partial pressure at the end of the ECO;
    (iii) The epoxide concentration in the reactor liquid at the end of 
the ECO, when the reactor liquid is still in the reactor, or after the 
reactor liquid has been transferred to another vessel; or
    (iv) An owner or operator may submit a request to the Administrator 
to monitor a parameter other than the parameters listed in paragraphs 
(i)(2)(i) through (iii) of this section, as described in Sec.  
63.1439(f).
    (3) For each batch cycle where ECO is used to reduce epoxide 
emissions, the owner or operator shall record the value of the monitored 
parameter at the end of the ECO. This parameter is then compared with 
the level established in accordance with paragraph (i)(2) of this 
section to determine if an excursion has occurred. An ECO excursion is 
defined as one of the situations described in paragraphs (i)(3)(i) 
through (v) of this section.
    (i) When the time from the end of the epoxide feed to the end of the 
ECO is less than the time established in paragraph (i)(2)(i) of this 
section;
    (ii) When the reactor epoxide partial pressure at the end of the ECO 
is greater than the partial pressure established in paragraph (i)(2)(ii) 
of this section;
    (iii) When the epoxide concentration in the reactor liquid at the 
end of the ECO is greater than the epoxide concentration established in 
paragraph (i)(2)(iii) of this section;
    (iv) When the parameter is not measured and recorded at the end of 
the ECO; or
    (v) When the alternative monitoring parameter is outside the range 
established under Sec.  63.1439(f) for proper operation of the ECO as a 
control technique.
    (j) Recordkeeping requirements. (1) The owner or operator shall 
maintain the records specified in paragraphs (j)(1)(i) and (ii) of this 
section, for each product class. The owner or operator shall also 
maintain the records related to the initial determination of the percent 
epoxide emission reduction specified in paragraphs (j)(1)(iii) through 
(x) of this section, as applicable, for each product class.
    (i) Operating conditions of the product class, including:
    (A) Pressure decay curve;
    (B) Minimum reaction temperature;
    (C) Number of reactive hydrogens in the raw material;
    (D) Minimum catalyst concentration;
    (E) Ratio of EO/PO at the end of the epoxide feed; and
    (F) Reaction conditions, including the size of the reactor or batch.
    (ii) A listing of all products in the product class, along with the 
information specified in paragraphs (j)(1)(i)(A) through (F) of this 
section, for each product.
    (iii) The concentration of epoxide at the end of the epoxide feed, 
determined in accordance with paragraph (b)(1) of this section.
    (iv) The concentration of epoxide at the onset of the ECO, 
determined in accordance with paragraph (c) of this section.
    (v) The uncontrolled epoxide emissions at the onset of the ECO, 
determined in accordance with paragraph (c)(1) of this section. The 
records shall also include all the background data, measurements, and 
assumptions used to calculate the uncontrolled epoxide emissions.
    (vi) The epoxide emissions at the end of the ECO, determined in 
accordance with paragraph (d)(1) of this section. The records shall also 
include all the background data, measurements, and assumptions used to 
calculate the epoxide emissions.
    (vii) The percent epoxide reduction for the batch cycle, determined 
in accordance with paragraph (e)(1) of this section. The records shall 
also include all the background data, measurements, and assumptions used 
to calculate the percent reduction.

[[Page 659]]

    (viii) The parameter level, established in accordance with paragraph 
(i)(3) of this section.
    (ix) If epoxide emissions occur before the end of the ECO, the owner 
or operator shall maintain records of the time and duration of all such 
emission episodes that occur during the initial demonstration of batch 
cycle efficiency.
    (x) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator is not required to maintain 
the records specified in paragraphs (j)(1)(iii) through (iv) of this 
section, but shall maintain the records specified in paragraphs 
(j)(1)(x)(A), (B), and (C) of this section.
    (A) The reactor epoxide partial pressure at the following times:
    (1) At end of the epoxide feed, determined in accordance with 
paragraph (b)(2) of this section;
    (2) At the onset of the ECO, established in accordance with 
paragraph (c)(2) of this section; or
    (3) At the end of the ECO, determined in accordance with paragraph 
(d)(2) of this section.
    (B) The percent epoxide reduction for the batch cycle, determined in 
accordance with paragraph (e)(2) of this section. The records shall also 
include all the measurements and assumptions used to calculate the 
percent reduction.
    (C) The reactor epoxide partial pressure at the end of the ECO.
    (2) The owner or operator shall maintain the records specified in 
paragraphs (j)(2)(i) through (v) of this section.
    (i) For each batch cycle, the product being produced and the product 
class to which it belongs.
    (ii) For each batch cycle, the owner or operator shall record the 
value of the parameter monitored in accordance with paragraph (i)(3) of 
this section.
    (iii) If a combustion, recovery, or recapture device is used to 
reduce emission in conjunction with ECO, the owner or operator shall 
record the information specified in Sec.  63.1430(d) and comply with the 
monitoring provisions in Sec.  63.1429.
    (iv) [Reserved]
    (v) If epoxide emissions occur before the end of the ECO, the owner 
or operator shall maintain records of the time and duration of all such 
emission episodes.
    (k) Reporting requirements. The owner or operator shall comply with 
the reporting requirements in this paragraph.
    (1) The information specified in paragraphs (k)(1)(i) through (ii) 
of this section shall be provided in the Precompliance Report, as 
specified in Sec.  63.1439(e)(4).
    (i) A standard operating procedure for obtaining the reactor liquid 
sample and a method that will be used to determine the epoxide 
concentration in the liquid, in accordance with paragraph (f)(1)(i) of 
this section.
    (ii) A request to monitor a parameter other than those specified in 
paragraph (i)(1)(i), (ii), or (iii) of this section, as provided for in 
paragraph (i)(1)(iv) of this section.
    (2) The information specified in paragraphs (k)(2)(i) through (iv) 
of this section shall be provided in the Notification of Compliance 
Status, as specified in Sec.  63.1439(e)(5).
    (i) For each product class, the information specified in paragraphs 
(k)(2)(i)(A) through (C) of this section.
    (A) The operating conditions of this product class, as specified in 
paragraph (j)(1)(i) of this section.
    (B) A list of all products in the product class.
    (C) The percent epoxide emission reduction, determined in accordance 
with paragraph (e) of this section.
    (ii) The parameter for each product class, as determined in 
accordance with paragraph (i)(2) of this section.
    (iii) If a combustion, recovery, or recapture device is used in 
addition to ECO to reduce emissions, the information specified in Sec.  
63.1430(g)(1).
    (iv) If epoxide emissions occur before the end of the ECO, a listing 
of the time and duration of all such emission episodes that occur during 
the initial demonstration of batch cycle efficiency.
    (3) The information specified in paragraphs (k)(3)(i) through (iii) 
of this section shall be provided in the Periodic Report, as specified 
in Sec.  63.1439(e)(6).
    (i) Reports of each batch cycle for which an ECO excursion occurred, 
as defined in paragraph (i)(3) of this section.

[[Page 660]]

    (ii) Notification of each batch cycle when the time and duration of 
epoxide emissions before the end of the ECO, recorded in accordance with 
paragraph (j)(2)(v) of this section, exceed the time and duration of the 
emission episodes during the initial epoxide emission percentage 
reduction determination, as recorded in paragraph (j)(1)(viii) of this 
section.
    (iii) If a combustion, recovery, or recapture device is used to 
reduce emissions, the information specified in Sec.  63.1430(h).
    (l) New polyether polyol products. If an owner or operator wishes to 
utilize ECO as a control option for a polyether polyol not previously 
assigned to a product class and reported to the Agency in accordance 
with either paragraph (k)(2)(i)(B), (l)(1)(ii), or (l)(2)(iii) of this 
section, the owner or operator shall comply with the provisions of 
paragraph (l)(1) or (2) of this section.
    (1) If the operating conditions of the new polyether polyol are 
consistent with the operating conditions for an existing product class, 
the owner or operator shall comply with the requirements in paragraphs 
(l)(1)(i) and (ii) of this section.
    (i) The owner or operator shall update the list of products for the 
product class required by paragraph (j)(1)(ii) of this section, and 
shall record the information in paragraphs (j)(1)(i)(A) through (F) of 
this section for the new product.
    (ii) Within 180 days after the production of the new polyether 
polyol, the owner or operator shall submit a report updating the product 
list previously submitted for the product class. This information may be 
submitted along with the next Periodic Report.
    (2) If the operating conditions of the new polyether polyol do not 
conform with the operating characteristics of an existing product class, 
the owner or operator shall establish a new product class and shall 
comply with provisions of paragraphs (l)(2)(i) through (iii) of this 
section.
    (i) The owner or operator shall establish the batch cycle percent 
epoxide emission reduction in accordance with paragraphs (b) through (g) 
of this section for the product class.
    (ii) The owner or operator shall establish the records specified in 
paragraph (j)(1) of this section for the product class.
    (iii) Within 180 days of the production of the new polyether polyol, 
the owner or operator shall submit a report containing the information 
specified in paragraphs (k)(2)(i) and (ii) of this section.
    (m) Polyether polyol product changes. If a change in operation, as 
defined in paragraph (m)(1) of this section, occurs for a polyether 
polyol that has been assigned to a product class and reported to the 
Agency in accordance with paragraph (k)(2)(i)(B), (l)(1)(ii), or 
(l)(2)(iii) of this section, the owner or operator shall comply with the 
provisions of paragraphs (m)(2) through (3) of this section.
    (1) A change in operation for a polyether polyol is defined as a 
change in any one of the parameters listed in paragraphs (m)(1)(i) 
through (ix) of this section.
    (i) A significant change in reaction kinetics;
    (ii) Use of a different oxide reactant;
    (iii) Use of a different EO/PO ratio;
    (iv) A lower reaction temperature;
    (v) A lower catalyst feed on a mole/mole fraction OH basis;
    (vi) A shorter cookout;
    (vii) A lower reactor pressure;
    (viii) A different type of reaction, (e.g., a self-catalyzed vs. 
catalyzed reaction); or
    (ix) A marked change in reaction conditions (e.g., a markedly 
different liquid level).
    (2) If the operating conditions of the product after the change in 
operation remain within the operation conditions of the product class to 
which the product was assigned, the owner or operator shall update the 
records specified in paragraphs (j)(1)(i)(A) through (F) of this section 
for the product.
    (3) If the operating conditions of the product after the change in 
operation are outside of the operating conditions of the product class 
to which the product was assigned, the owner or operator shall comply 
with the requirements in paragraph (m)(3)(i) or (ii) of this section, as 
appropriate.
    (i) If the new operating conditions of the polyether polyol are 
consistent

[[Page 661]]

with the operating conditions for another existing product class, the 
owner or operator shall comply with the requirements in paragraphs 
(m)(3)(i)(A) and (B) of this section.
    (A) The owner or operator shall update the list of products for the 
product class that the product is leaving, and for the product class 
that the product is entering, and shall record the new information in 
paragraphs (j)(1)(i)(A) through (F) of this section for the product.
    (B) Within 180 days after the change in operating conditions for the 
polyether polyol product, the owner or operator shall submit a report 
updating the product lists previously submitted for the product class. 
This information may be submitted along with the next Periodic Report.
    (ii) If the new operating conditions of the polyether polyol product 
do not conform with the operating characteristics of an existing product 
class, the owner or operator shall establish a new product class and 
shall comply with provisions of paragraphs (m)(3)(ii)(A) through (C) of 
this section.
    (A) The owner or operator shall establish the batch cycle percent 
epoxide emission reduction in accordance with paragraphs (b) through (g) 
of this section for the product class.
    (B) The owner or operator shall establish the records specified in 
paragraph (j)(1) of this section for the product class.
    (C) Within 180 days of the change in operating conditions for the 
polyether polyol, the owner or operator shall submit a report containing 
the information specified in paragraphs (k)(2)(i) and (ii) of this 
section.

[64 FR 29439, June 1, 1999; 64 FR 31895, June 14, 1999, as amended at 65 
FR 26500, May 8, 2000; 79 FR 17377, Mar. 27, 2014]



Sec.  63.1428  Process vent requirements for group determination of
PMPUs using a nonepoxide organic HAP to make or modify the product.

    (a) Process vents from batch unit operations. The owner or operator 
shall determine, for each PMPU located at an affected source, if the 
combination of all process vents from batch unit operations that are 
associated with the use of nonepoxide organic HAP to make or modify the 
product is a Group 1 combination of batch process vents, as defined in 
Sec.  63.1423. The annual uncontrolled nonepoxide organic HAP emissions, 
determined in accordance with paragraph (b) of this section, and annual 
average flow rate, determined in accordance with paragraph (c) of this 
section, shall be determined for all process vents from batch unit 
operations associated with the use of a nonepoxide organic HAP to make 
or modify the product, with the exception of those vents specified in 
paragraph (i) of this section, at the location after all applicable 
control techniques have been applied to reduce epoxide emissions in 
accordance with paragraph (a)(1) or (2) of this section.
    (1) If the owner or operator is using a combustion, recovery, or 
recapture device to reduce epoxide emissions, this location shall be at 
the exit of the combustion, recovery, or recapture device.
    (2) If the owner or operator is using ECO to reduce epoxide 
emissions, this location shall be at the exit from the batch unit 
operation. For the purpose of these determinations, the primary 
condenser operating as a reflux condenser on a reactor or distillation 
column shall be considered part of the unit operation.
    (b) Determination of annual nonepoxide organic HAP emissions. The 
owner or operator shall determine, for each PMPU, the total annual 
nonepoxide organic HAP emissions from the combination of all process 
vents from batch unit operations that are associated with the use of a 
nonepoxide organic HAP to make or modify the product in accordance with 
paragraphs (b)(1) and (2) of this section.
    (1) The annual nonepoxide organic HAP emissions for each process 
vent from a batch unit operation associated with the use of a nonepoxide 
organic HAP to make or modify the product shall be determined using the 
batch process vent procedures in the NESHAP for Group I Polymers and 
Resins (40 CFR part 63, subpart U), Sec.  63.488(b).
    (2) The owner or operator shall sum the annual nonepoxide organic 
HAP emissions from all individual process vents from batch unit 
operations in a PMPU, determined in accordance with

[[Page 662]]

paragraph (b)(1) of this section, to obtain the total nonepoxide organic 
HAP emissions from the combination of process vents associated with the 
use of a nonepoxide organic HAP to make or modify the product, for the 
PMPU.
    (c) Minimum emission level exemption. If the annual emissions of TOC 
or nonepoxide organic HAP from the combination of process vents from 
batch unit operations that are associated with the use of nonepoxide 
organic HAP to make or modify a polyether polyol for a PMPU are less 
than 11,800 kg/yr, the owner or operator of that PMPU is not required to 
comply with the provisions in paragraphs (d) and (e) of this section.
    (d) Determination of average flow rate and annual average flow rate. 
The owner or operator shall determine, for each PMPU, the total annual 
average flow rate for the combination of all process vents from batch 
unit operations that are associated with the use of a nonepoxide organic 
HAP to make or modify a product in accordance with paragraphs (d)(1) and 
(2) of this section.
    (1) The annual average flow rate for each process vent from batch 
unit operations that is associated with the use of nonepoxide organic 
HAP to make or modify the product shall be determined using the batch 
process vent procedures in the NESHAP for Group I Polymers and Resins 
(40 CFR part 63, subpart U), Sec.  63.488(e).
    (2) The owner or operator shall sum the annual average flow rates 
from the individual process vents from batch unit operations in a PMPU, 
determined in accordance with paragraph (d)(1) of this section, to 
obtain the total annual average flow rate for the combination of process 
vents associated with the use of a nonepoxide organic HAP to make or 
modify the product, for the PMPU.
    (e) Determination of cutoff flow rate. For each PMPU at an affected 
source that uses nonepoxide organic HAP to make or modify the product, 
the owner or operator shall calculate the cutoff flow rate using 
Equation 14.
[GRAPHIC] [TIFF OMITTED] TR01JN99.013

Where:

CFR = Cutoff flow rate, standard cubic meters per minute (scmm).
AE = Annual TOC or nonepoxide organic HAP emissions from the combination 
          of process vents from batch unit operations that are 
          associated with the use of nonepoxide organic HAP to make or 
          modify the product, as determined in paragraph (b)(2) of this 
          section, kg/yr.

    (f) [Reserved]
    (g) Process changes affecting Group 2 combinations of process vents 
in a PMPU that are from batch unit operations. Whenever process changes, 
as described in paragraph (g)(1) of this section, are made that affect a 
Group 2 combination of batch process vents and that could reasonably be 
expected to change the group status from Group 2 to Group 1, the owner 
or operator shall comply with paragraphs (g)(2) and (3) of this section.
    (1) Examples of process changes include, but are not limited to, 
increases in production capacity or production rate, changes in 
feedstock type or catalyst type; or whenever there is replacement, 
removal, or modification of recovery equipment considered part of the 
batch unit operation. Any change that results in an increase in the 
annual nonepoxide organic HAP emissions from the estimate used in the 
previous group determination constitutes a process change for the 
purpose of these provisions. Process changes do not include: process 
upsets; unintentional, temporary process changes; and changes that are 
within the margin of variation on which the original group determination 
was based.
    (2) For each process affected by a process change, the owner or 
operator shall redetermine the group status by repeating the procedures 
specified in paragraphs (b) through (e) of this section, as applicable, 
and determining if the combination of process vents is a Group 1 
combination of batch process

[[Page 663]]

vents, as defined in Sec.  63.1423. Alternatively, engineering 
assessment, as described in Sec.  63.488(b)(6)(i), may be used to 
determine the effects of the process change.
    (3) Based on the results of paragraph (g)(2) of this section, the 
owner or operator shall comply with either paragraph (g)(3)(i) or (ii) 
of this section.
    (i) If the redetermination described in paragraph (g)(2) of this 
section indicates that the group status of the combination of process 
vents from batch unit operations in a PMPU that are associated with the 
use of nonepoxide organic HAP to make or modify the product changes from 
Group 2 to Group 1 as a result of the process change, the owner or 
operator shall submit a report as specified in Sec.  
63.1439(e)(6)(iii)(D)(1) and shall comply with Group 1 combination of 
batch process vents provisions in this subpart, as specified in Sec.  
63.1425(c)(1).
    (ii) If the redetermination described in paragraph (g)(2) of this 
section indicates no change in group status, the owner or operator is 
not required to submit a report.
    (h) Process vents from continuous unit operations. (1) The owner or 
operator shall determine the total resource effectiveness (TRE) index 
value for each process vent from a continuous unit operation that is 
associated with the use of nonepoxide organic HAP to make or modify the 
product. To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the HON process vent group determination procedures in Sec.  
63.115(d)(1) or (2) and the TRE equation in Sec.  63.115(d)(3). The TRE 
index value shall be determined at the location after all applicable 
control techniques have been applied to reduce epoxide emissions in 
accordance with paragraph (h)(1)(i), (ii), or (iii) of this section.
    (i) If the owner or operator uses one or more nonepoxide recovery 
devices after all control techniques to reduce epoxide emissions, this 
location shall be after the last nonepoxide recovery device.
    (ii) If the owner or operator does not use a nonepoxide recovery 
device after a combustion, recovery, or recapture device to reduce 
epoxide emissions, this location shall be at the exit of the combustion, 
recovery, or recapture device.
    (iii) If the owner or operator does not use a nonepoxide recovery 
device after extended cookout to reduce epoxide emissions, this location 
shall be at the exit from the continuous unit operation. For the purpose 
of these determinations, the primary condenser operating as a reflux 
condenser on a reactor or distillation column shall be considered part 
of the unit operation.
    (2) The owner or operator of a Group 2 continuous process vent shall 
recalculate the TRE index value as necessary to determine whether the 
process vent is Group 1 or Group 2, whenever process changes are made 
that could reasonably be expected to change the process vent to Group 1. 
Examples of process changes include, but are not limited to, increases 
in production capacity or production rate, changes in feedstock type or 
catalyst type, or whenever there is replacement, removal, or addition of 
recovery equipment. For purposes of this paragraph, process changes do 
not include: process upsets; unintentional, temporary process changes; 
and changes that are within the range on which the original TRE 
calculation was based.
    (i) The TRE index value shall be recalculated based on measurements 
of process vent stream flow rate, TOC, and nonepoxide organic HAP 
concentrations, and heating values as specified in the HON process vent 
group determination procedures in Sec.  63.115(a), (b), (c), and (d), as 
applicable, or on best engineering assessment of the effects of the 
change. Engineering assessments shall meet the specifications in Sec.  
63.115(d)(1).
    (ii) Where the recalculated TRE index value is less than or equal to 
1.0, or, where the TRE index value before the process change was greater 
than 4.0 and the recalculated TRE index value is less than or equal to 
4.0 but greater than 1.0, the owner or operator shall submit a report as 
specified in the process vent reporting and recordkeeping provisions in 
Sec.  63.1430(i) or (j), and shall comply with the appropriate 
provisions in the process vent control requirements in Sec.  63.1425 by 
the dates

[[Page 664]]

specified in Sec.  63.1422 (the section describing compliance dates for 
sources subject to this subpart).
    (iii) Where the recalculated TRE index value is greater than 4.0, 
the owner or operator is not required to submit a report.
    (i) Combination of process vents from batch unit operations and 
process vents from continuous unit operations. If an owner or operator 
combines a process vent from a batch unit operation that is associated 
with the use of a nonepoxide organic HAP to make or modify the product 
with a process vent from a continuous unit operation that is associated 
with the use of a nonepoxide prior to the epoxide control technique, or 
prior to a nonepoxide recovery device that is after the epoxide control 
technique, then the provisions in paragraphs (i)(1) and (2) of this 
section shall apply.
    (1) The process vent from the batch unit operation is not required 
to be included in the group determination required by paragraphs (a) 
through (e) of this section.
    (2) The TRE index value of the combined stream shall be determined 
in accordance with paragraph (h) of this section, and the TRE index 
value shall be calculated during a period when nonepoxide organic HAP 
emissions are being generated by the batch unit operation.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 
FR 17377, Mar. 27, 2014]



Sec.  63.1429  Process vent monitoring requirements.

    (a) Monitoring equipment requirements. The owner or operator of a 
process vent that uses a combustion, recovery, or recapture device to 
comply with the process vent control requirements in Sec.  
63.1425(b)(1), (b)(2), (c)(1), (c)(3), or (d) shall install monitoring 
equipment specified in paragraph (a)(1), (2), (3), (4), (5), (6), or (7) 
of this section, depending on the type of device used. Also, the owner 
or operator that uses a recovery or recapture device to comply with 
Sec.  63.1425(c)(4) shall install monitoring equipment as specified in 
paragraph (a)(4), (5), (6), or (7) of this section. All monitoring 
equipment shall be installed, calibrated, maintained, and operated 
according to manufacturers' specifications or other written procedures 
that provide adequate assurance that the equipment would reasonably be 
expected to monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: a device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: a temperature monitoring device in the firebox equipped 
with a continuous recorder. Any boiler or process heater in which all 
process vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from this requirement.
    (4) Where an absorber is used, a scrubbing liquid flow rate meter or 
a pressure monitoring device is required and should be equipped with a 
continuous recorder. If an acid or base absorbent is used, a pH 
monitoring device to monitor scrubber effluent is also required. If two 
or more absorbers in series are used, a scrubbing liquid flow rate 
meter, or a pressure monitoring device, equipped with a continuous 
recorder, is required for each absorber in the series. An owner or 
operator may submit a request to instead install the scrubbing liquid 
flow rate meter, or a pressure monitoring device, equipped with a 
continuous recorder, on only the final absorber in a series, in 
accordance

[[Page 665]]

with the alternative parameter monitoring reporting requirements in 
Sec.  63.1439(f).
    (5) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.
    (6) 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 are required.
    (7) As an alternative to paragraphs (a)(4) through (6) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (b) Alternative parameters. An owner or operator of a 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 the process vent reporting and 
recordkeeping requirements in Sec.  63.1430(j) and the alternative 
parameter monitoring reporting requirements in Sec.  63.1439(f). 
Approval shall be requested if the owner or operator:
    (1) Uses a combustion device other than an incinerator, boiler, 
process heater, or flare; or
    (2) For a Group 2 continuous process vent, maintains a TRE greater 
than 1.0 but less than or equal to 4.0 without a recovery device or with 
a recovery device other than the recovery devices listed in paragraph 
(a) of this section; or
    (3) Uses one of the combustion, recovery, or recapture 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) Monitoring of bypass lines. The owner or operator of a process 
vent using a process vent system that contains bypass lines that could 
divert a process vent stream away from the combustion, recovery, or 
recapture device used to comply with the process vent control 
requirements in Sec.  63.1425(b), (c), or (d) shall comply with 
paragraph (c)(1) or (2) of this section. Equipment such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief devices needed for safety purposes are not subject 
to paragraphs (c)(1) or (2) of this section.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once at approximately equal intervals of about 
15 minutes. Records shall be generated as specified in the process vent 
reporting and recordkeeping provisions in Sec.  63.1430(d)(3). The flow 
indicator shall be installed at the entrance to any bypass line that 
could divert emissions away from the combustion, recovery, or recapture 
device and 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 emissions are not diverted through the bypass line. Records 
shall be generated as specified in the process vent reporting and 
recordkeeping provisions in Sec.  63.1430(d)(4)(i).
    (d) Establishment of parameter monitoring levels. Parameter 
monitoring levels for process vents from continuous or batch unit 
operations using a combustion, recovery, or recapture device to comply 
with the process vent control requirements in Sec.  63.1425(b), (c), or 
(d) shall be established as specified in paragraphs (d)(1) through (3) 
of this section.
    (1) For each parameter monitored under paragraphs (a) or (b) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 7 of 
this subpart (the table listing the operating parameters for which 
monitoring levels are required to be established for process vent 
streams), that indicates that the combustion, recovery, or recapture 
device is operated in a manner to ensure compliance with the provisions 
of

[[Page 666]]

this subpart. The level shall be established in accordance with the 
procedures specified in Sec.  63.1438(a) through (d), as applicable. The 
level may be based upon a prior performance test conducted for 
determining compliance with a regulation promulgated by the EPA, and the 
owner or operator is not required to conduct a performance test under 
the process vent requirements for determining organic HAP concentration, 
control efficiency, and aggregated organic HAP emission reductions in 
Sec.  63.1426, provided that the prior performance test meets the 
conditions of Sec.  63.1426(b)(3).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in the Notification of 
Compliance Status requirements in Sec.  63.1439(e)(5) or in the 
operating permit application requirements in Sec.  63.1439(e)(8), 
respectively.
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (d)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends.

[64 FR 29439, June 1, 1999, as amended at 79 FR 17377, Mar. 27, 2014]



Sec.  63.1430  Process vent reporting and recordkeeping requirements.

    (a) [Reserved]
    (b) Records to demonstrate compliance. The owner or operator 
complying with the process vent control requirements in Sec.  
63.1425(b), (c), or (d) shall keep the following records, as applicable, 
readily accessible:
    (1) When using a flare to comply with the process vent control 
requirements in Sec.  63.1425(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1):
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate determinations, and exit velocity determinations made during 
the flare specification determination required by Sec.  63.1437(c); and
    (iii) All periods during the flare specification determination 
required by Sec.  63.1437(c) when all pilot flames are absent.
    (2) The following information when using a combustion, recovery, or 
recapture device (other than a flare) to achieve compliance with the 
process vent control requirements in Sec.  63.1425(b), (c), or (d):
    (i) For a combustion, recovery, or recapture device being used to 
comply with a percent reduction requirement of Sec.  63.1425(b)(1)(i), 
(b)(2)(ii), (c)(1)(ii), (c)(3)(ii), or (d)(2), or the annual epoxide 
emission limitation in Sec.  63.1425(b)(1)(iii) or (b)(2)(iv), the 
percent reduction of organic HAP or TOC achieved, as determined using 
the procedures specified in the process vent requirements in Sec.  
63.1426;
    (ii) For a combustion device being used to comply with an outlet 
concentration limitation of Sec.  63.1425(b)(1)(ii) or (b)(2)(iii), the 
concentration of organic HAP or TOC outlet of the combustion device, as 
determined using the procedures specified in the process vent 
requirements in Sec.  63.1426;
    (iii) For a boiler or process heater, a description of the location 
at which the process vent stream is introduced into the boiler or 
process heater;
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or is used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or TOC 
achieved, as determined using the procedures specified in Sec.  63.1426.
    (c) Records related to the establishment of parameter monitoring 
levels. For each parameter monitored according to the process vent 
monitoring requirements in Sec.  63.1429(a) and Table 5 of this subpart, 
or for alternate parameters and/or parameters for alternate control 
techniques monitored according to the alternative parameter monitoring 
reporting requirements in Sec.  63.1439(f) as allowed under Sec.  
63.1429(b), maintain documentation showing the establishment of the 
level that indicates that the combustion, recovery, or recapture device 
is operated in a manner to ensure compliance with the provisions of this 
subpart, as required by the process

[[Page 667]]

vent monitoring requirements in Sec.  63.1429(d).
    (d) Records to demonstrate continuous compliance. The owner or 
operator that uses a combustion, recovery, or recapture device to comply 
with the process vent control requirements in Sec.  63.1425(b), (c), or 
(d) shall keep the following records readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under the process vent monitoring requirements 
in Sec.  63.1429(a) as applicable, and listed in Table 5 of this 
subpart, or specified by the Administrator in accordance with the 
alternative parameter monitoring reporting requirements in Sec.  
63.1439(f), as allowed under Sec.  63.1429(b). These records shall be 
kept as specified under Sec.  63.1439(d), except as specified in 
paragraphs (d)(1)(i) and (ii) of this section.
    (i) For flares, the records specified in Table 5 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers used for process vents from batch unit 
operations, the records specified in Table 5 of this subpart shall be 
maintained in place of daily averages.
    (2) Records of the daily average value for process vents from 
continuous unit operations or batch unit operations of each continuously 
monitored parameter, except as provided in paragraphs (d)(2)(i) and (ii) 
of this section.
    (i) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the daily averages. 
In addition, monitoring data recorded during periods of non-operation of 
the process (or specific portion thereof) resulting in cessation of 
organic HAP emissions shall not be included in computing the daily 
averages.
    (ii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum parameter 
monitoring level established in accordance with the process vent 
monitoring requirements in Sec.  63.1429(d), the owner or operator may 
record that all values were above the minimum or below the maximum level 
established, rather than calculating and recording a daily average for 
that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified under Sec.  63.1429(c)(1) was operating and whether a 
diversion was detected at any time during the hour. Also, records of the 
time(s) of all periods when the process vent was diverted from the 
combustion, recovery, or recapture device, or the flow indicator 
specified in Sec.  63.1429(c)(1) was not operating.
    (4) Where a seal or closure mechanism is used to comply with the 
process vent monitoring requirements for bypass lines in Sec.  
63.1429(c)(2), hourly records of flow are not required. For compliance 
with Sec.  63.1429(c)(2), the owner or operator shall record whether the 
monthly visual inspection of the seals or closure mechanism has been 
done, and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line valve position has changed, or the 
key for a lock-and-key type configuration has been checked out, and 
records of any car-seal that has been broken.
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high level adjustments. In addition, records specifying 
any other periods of process or combustion, recovery, or recapture 
device operation when monitors are not operating.
    (e) Records related to the group determination for process vents 
that are associated with the use of nonepoxide organic HAP to make or 
modify the product--(1) Process vents from batch unit operations. Except 
as provided in paragraphs (e)(1)(vi) and (vii) of this section, the 
owner or operator of an affected source shall maintain the records 
specified in paragraphs (e)(1)(i) through (v) of this section for each 
PMPU that uses a nonepoxide organic HAP to make or modify the product in 
batch unit operations. The records required to be maintained by this 
paragraph are limited to the information developed and used to make the 
group determination under the process vent requirements for processes 
using a nonepoxide organic HAP to make or modify the product in Sec.  
63.1428(a) through (e), as appropriate. If an owner or operator did not

[[Page 668]]

need to develop certain information (e.g., annual average flow rate) to 
determine the group status, the owner or operator is not required to 
develop additional information. The owner or operator may elect Group 1 
status for process vents without making a Group 1/Group 2 determination. 
In such event, none of the records specified in paragraphs (e)(1)(i) 
through (v) are required.
    (i) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle for each unique product class made in the PMPU.
    (ii) Total annual uncontrolled TOC or nonepoxide organic HAP 
emissions from the combination of process vents from batch unit 
operations associated with the use of nonepoxide organic HAP to make or 
modify the product, as determined in accordance with the process vent 
requirements for group determinations in Sec.  63.1428(b).
    (iii) The annual average flow rate for the combination of process 
vents from batch unit operations associated with the use of organic HAP 
to make or modify the product, as determined in accordance with the 
process vent requirements for group determinations in Sec.  63.1428(d).
    (iv) The cutoff flow rate, determined in accordance with the process 
vent requirements for group determinations in Sec.  63.1428(e).
    (v) The results of the PMPU group determination (i.e., whether the 
combination of process vents is Group 1 or Group 2).
    (vi) If the combination of all process vents from batch unit 
operations associated with the use of an organic HAP to make or modify 
the product is subject to the Group 1 batch process vent control 
requirements for nonepoxide HAP emissions from making or modifying the 
product in Sec.  63.1425((c)(1), none of the records in paragraphs 
(e)(1)(i) through (v) of this section are required.
    (vii) If the total annual emissions from the combination of process 
vents from batch unit operations associated with the use of an organic 
HAP to make or modify the product are less than 11,800 kg per year, only 
the records in paragraphs (e)(1)(i) and (ii) of this section are 
required.
    (2) Process vents from continuous unit operations. The owner or 
operator of an affected source that uses nonepoxide organic HAP to make 
or modify the product in continuous unit operations shall keep records 
regarding the measurements and calculations performed to determine the 
TRE index value of each process vent stream. The owner or operator of 
Group 1 continuous process vents that are subject to the control 
requirements of Sec.  63.1425(c)(3) is not required to keep these 
records.
    (f) Records for Group 2 process vents that are associated with the 
use of nonepoxide organic HAP to make or modify the product. The 
following records shall be maintained for PMPUs with a Group 2 
combination of batch process vents and/or one or more Group 2 continuous 
process vents.
    (1) Process vents from batch unit operations--emission records. The 
owner or operator shall maintain records of the combined total annual 
nonepoxide organic HAP emissions from process vents associated with the 
use of nonepoxide organic HAP to make or modify the product for each 
PMPU where the combination of these process vents is classified as Group 
2.
    (2) Process vents from continuous unit operations--monitoring 
records for vents with TRE between 1.0 and 4.0. The owner or operator 
using a recovery device or other means to achieve and maintain a TRE 
index value greater than 1.0 but less than 4.0 as specified in the HON 
process vent requirements in Sec.  63.113(a)(3) or Sec.  63.113(d) shall 
keep the following records readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec.  63.114(b) and listed in Table 5 of 
this subpart or specified by the Administrator in accordance with Sec.  
63.114(c) and Sec.  63.117(e); and
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec.  63.152(f). If carbon adsorber regeneration 
stream flow and carbon bed regeneration temperature are monitored, the 
records specified in Table 5 of this subpart shall be kept instead of 
the daily averages.

[[Page 669]]

    (3) Process vents from continuous unit operations--records related 
to process changes. The owner or operator subject to the provisions of 
this subpart who has elected to demonstrate compliance with the TRE 
index value greater than 4.0 under Sec.  63.113(e) or greater than 1.0 
under Sec.  63.113(a)(3) or Sec.  63.113(d) shall keep readily 
accessible records of:
    (i) Any process changes as defined in Sec.  63.115(e); and
    (ii) Any recalculation of the TRE index value pursuant to Sec.  
63.115(e).
    (4) Process vents from continuous unit operations--records for vents 
with a flow rate less than 0.005 standard cubic meter per minute. The 
owner or operator who elects to comply by maintaining a flow rate less 
than 0.005 standard cubic meter per minute under Sec.  63.113(f), shall 
keep readily accessible records of:
    (i) Any process changes as defined in Sec.  63.115(e) that increase 
the process vent stream flow rate;
    (ii) Any recalculation or measurement of the flow rate pursuant to 
Sec.  63.115(e); and
    (iii) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec.  63.115(d).
    (5) Process vents from continuous unit operations--records for vents 
with an organic HAP concentration less than 50 parts per million. The 
owner or operator who elects to comply by maintaining an organic HAP 
concentration less than 50 parts per million by volume organic HAP 
concentration under Sec.  63.113(g) shall keep readily accessible 
records of:
    (i) Any process changes as defined in Sec.  63.115(e) that increase 
the organic HAP concentration of the process vent stream;
    (ii) Any recalculation or measurement of the concentration pursuant 
to Sec.  63.115(e); and
    (iii) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec.  63.115(d).
    (g) Notification of Compliance Status. The owner or operator of an 
affected source shall submit the information specified in paragraphs 
(g)(1) through (3) of this section, as appropriate, as part of the 
Notification of Compliance Status specified in Sec.  63.1439(e)(5).
    (1) For the owner or operator complying with the process vent 
control requirements in Sec.  63.1425(b), (c)(1), (c)(3), or (d), the 
information specified in paragraph (b) of this section related to the 
compliance demonstration, and the information specified in paragraph (c) 
of this section related to the establishment of parameter monitoring 
levels,
    (2) For each PMPU where the combination of process vents from batch 
unit operations that are associated with the use of nonepoxide organic 
HAP to make or modify the product is Group 2, the information related to 
the group determination specified in paragraph (e)(1) of this section.
    (3) For each process vent from a continuous unit operation that is 
associated with the use of nonepoxide organic HAP to make or modify the 
product that is Group 2, the information related to the group 
determination specified in paragraph (e)(2) of this section.
    (h) Periodic Reports. The owner or operator of an affected source 
shall submit Periodic Reports of the recorded information specified in 
paragraphs (h)(1) through (6) of this section, as appropriate, according 
to the schedule for submitting Periodic Reports in Sec.  
63.1439(e)(6)(i).
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraph 
(d)(2) of this section were above the maximum, or below the minimum, 
level established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data as 
defined in Sec.  63.1438(f)(1)(iv), (f)(2)(i)(B), or (f)(3)(ii).
    (3) Reports of the times and durations of all periods recorded under 
paragraph (d)(3) of this section when the process vent stream is 
diverted from the combustion, recovery, or recapture device through a 
bypass line.
    (4) Reports of all periods recorded under paragraph (d)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has

[[Page 670]]

changed, or the key to unlock the bypass line valve was checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (d)(1)(i) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (d)(1)(ii) of this section were 
above the maximum, or below the minimum, levels established in the 
Notification of Compliance Status or operating permit.
    (i) Reports of process changes. Whenever a process change, as 
defined in Sec.  63.1420(g)(3), is made that causes a Group 2 
combination of batch process vents at a PMPU that are associated with 
the use of nonepoxide organic HAP to make or modify the product to 
become Group 1, the owner or operator shall submit a report within 180 
days after the process change is made or the information regarding the 
process change is known to the owner or operator. This report may be 
included in the next Periodic Report or in a separate submittal to the 
Administrator, as specified in Sec.  63.1439(e)(6)(iii)(D)(1). A 
description of the process change shall be submitted with the report.
    (j) Reporting requirements for Group 2 continuous process vents. (1) 
Whenever a process change, as defined in Sec.  63.1420(g)(3), is made 
that causes a Group 2 continuous process vent with a TRE greater than 
4.0 to become a Group 2 continuous process vent with a TRE less than 
4.0, the owner or operator shall submit a report within 180 calendar 
days after the process change is made or the information regarding the 
process change is known, unless the flow rate is less than 0.005 
standard cubic meters per minute. The report may be submitted as part of 
the next periodic report. The report shall include:
    (i) A description of the process change;
    (ii) The results of the recalculation of the TRE index value 
required under Sec.  63.1428(h)(2), and recorded under paragraph (f)(3) 
of this section; and
    (iii) A statement that the owner or operator will comply with the 
process vent monitoring requirements specified in Sec.  63.1429, as 
appropriate.
    (2) Whenever a process change, as defined in Sec.  63.1420(g)(3), is 
made that causes a Group 2 continuous process vent with a flow rate less 
than 0.005 standard cubic meters per minute to become a Group 2 
continuous process vent with a flow rate of 0.005 standard cubic meters 
per minute or greater, the owner or operator shall submit a report 
within 180 calendar days after the process change is made or the 
information regarding the process change is known, unless the organic 
HAP concentration is less than 50 ppmv. The report may be submitted as 
part of the next periodic report. The report shall include:
    (i) A description of the process change;
    (ii) The results of the calculation of the TRE index value required 
under Sec.  63.1428(h)(2), and recorded under paragraph (f)(3) of this 
section; and
    (iii) A statement that the owner or operator will comply with the 
process vent monitoring requirements specified in Sec.  63.1429, as 
appropriate.
    (3) Whenever a process change, as defined in Sec.  63.1420(g)(3), is 
made that causes a Group 2 continuous process vent with an organic HAP 
concentration less than 50 ppmv to become a Group 2 continuous process 
vent with an organic HAP concentration of 50 ppmv or greater and a TRE 
index value less than 4.0, the owner or operator shall submit a report 
within 180 calendar days after the process change is made or the 
information regarding the process change is known, unless the flow rate 
is less than 0.005 standard cubic meters per minute. The report may be 
submitted as part of the next periodic report. The report shall include:
    (i) A description of the process change;
    (ii) The results of the calculation of the TRE index value required 
under Sec.  63.1428(h)(2), and recorded under paragraph (f)(3) of this 
section; and
    (iii) A statement that the owner or operator will comply with the 
process vent monitoring requirements specified in Sec.  63.1429, as 
appropriate.
    (k) Alternative requests. If an owner or operator uses a combustion, 
recovery, or recapture device other than those

[[Page 671]]

specified in the process vent monitoring requirements in Sec.  
63.1429(a)(1) through (7) and listed in Table 5 of this subpart; 
requests approval to monitor a parameter other than those specified in 
Sec.  63.1429(a)(1) through (7) and listed in Table 5 of this subpart; 
or uses ECO and requests to monitor a parameter other than those listed 
in Sec.  63.1427(i)(1)(i) through (iii), as allowed under Sec.  
63.1427(i)(1)(iv), the owner or operator shall submit a description of 
planned reporting and recordkeeping procedures, as specified in Sec.  
63.1439(f)(3), as part of the Precompliance Report as required under 
Sec.  63.1439(e)(4), or to the Administrator as a separate submittal. 
The Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 
FR 17378, Mar. 27, 2014]



Sec.  63.1431  Process vent annual epoxides emission factor plan
requirements.

    (a) Applicability of emission factor plan requirements. An owner or 
operator electing to comply with an annual epoxide emission factor 
limitation in Sec.  63.1425(b)(1)(iii) or (b)(2)(iv) shall develop and 
implement an epoxides emission factor plan in accordance with the 
provisions of this section.
    (b) Emission factor plan requirements. The owner or operator shall 
develop an epoxides emission factor plan.
    (1) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of a combustion, recovery, or 
recapture device (without extended cookout), the owner or operator shall 
develop and implement the plan in accordance with paragraph (c) of this 
section.
    (2) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of extended cookout (without a 
combustion, recovery, or recapture device), the owner or operator shall 
develop and implement the plan in accordance with paragraph (d) of this 
section.
    (3) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of extended cookout in conjunction 
with a combustion, recovery, or recapture device, the owner or operator 
shall develop and implement the plan in accordance with paragraph (e) of 
this section.
    (c) Compliance with epoxide emission factor limitation using a 
combustion, recovery, or recapture device. (1) The owner or operator 
shall notify the Agency of the intent to use a combustion, recovery, or 
recapture device to comply with the epoxide emission factor limitation 
in Sec.  63.1425(b)(1)(iii) or (b)(2)(iv). The owner or operator shall 
prepare an estimate of the annual epoxide emissions and the actual 
production rate in accordance with paragraphs (c)(1)(i) through (iv) of 
this section. This notification and emission estimate shall be submitted 
in the Precompliance Report as specified in Sec.  63.1439(e)(4), or in 
the operating permit application, as allowed in Sec.  63.1439(e)(8).
    (i) Annual uncontrolled epoxide emissions. These emission estimates 
shall be determined in accordance with the batch process vent group 
determination procedures in the NESHAP for Group I Polymers and Resins 
(40 CFR part 63, subpart U, Sec.  63.488(b)) and shall be based on 
anticipated production.
    (ii) A description of the combustion, recovery, or recapture device, 
along with the expected percent efficiency.
    (iii) Annual emissions after the combustion, recovery, or recapture 
device. The expected annual emissions after control shall be determined 
using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR01JN99.014

Where:

AEcontrol = Annual epoxide emissions after control, kg/yr.

[[Page 672]]

AEuncontrolled = Annual uncontrolled epoxide emissions, 
          determined in accordance with paragraph (c)(1)(i) of this 
          section, kg/yr.
R = Expected control efficiency of the combustion, recovery, or 
          recapture device, percent, as determined in Sec.  63.1426(c).

    (iv) The actual annual production rate means the annual mass of 
polyether polyol product produced from the applicable PMPU. This 
production rate shall be for the same annual time period as the annual 
emission estimate as calculated in accordance with paragraph (c)(1)(iii) 
of this section.
    (2) The owner or operator shall conduct a performance test in 
accordance with Sec.  63.1426(c) to determine the epoxide control 
efficiency of the combustion, recovery, or recapture device. The owner 
or operator shall then recalculate the annual epoxide emissions after 
control using Equation 15, except that the control efficiency, R, shall 
be the measured control efficiency. This information shall be submitted 
as part of the Notification of Compliance Status, as provided in Sec.  
63.1439(e)(5).
    (3) The owner or operator shall comply with the process vent 
monitoring provisions in Sec.  63.1429.
    (4) The owner or operator shall comply with the process vent 
recordkeeping requirements in paragraphs Sec.  63.1430(b) through (d), 
and the process vent reporting requirements in Sec.  63.1430(g)(1) and 
(h).
    (d) Compliance with epoxide emission factor limitation using 
extended cookout. (1) The owner or operator shall notify the Agency of 
the intent to use extended cookout to comply with the epoxide emission 
factor limitation in Sec.  63.1425(b)(1)(iii) or (b)(2)(iv). The owner 
or operator shall prepare an estimate of the annual epoxide emissions 
after the extended cookout. This notification and emission estimate 
shall be submitted in the Precompliance Report as specified in Sec.  
63.1439(e)(4), or in the operating permit application, as allowed in 
Sec.  63.1439(e)(8).
    (2) The owner or operator shall determine the annual epoxide 
emissions in accordance with Sec.  63.1427(d), based on anticipated 
production. This information shall be submitted as part of the 
Notification of Compliance Status, as provided in Sec.  63.1439(e)(5).
    (3) The owner or operator shall comply with the ECO monitoring 
provisions in Sec.  63.1427(i).
    (4) The owner or operator shall comply with the process vent 
recordkeeping and reporting requirements in Sec.  63.1430.
    (e) Compliance with the epoxide emission factor limitation through 
the use of extended cookout in conjunction with one or more combustion, 
recovery, and/or recapture device. (1) The owner or operator shall 
notify the Agency of the intent to use extended cookout in conjunction 
with one or more combustion, recovery, and/or recapture device to comply 
with the annual epoxide emission factor limitation in Sec.  
63.1425(b)(1)(iii) or (b)(2)(iv). The owner or operator shall prepare an 
estimate of the annual epoxide emissions after control. This 
notification and emission estimate shall be submitted in the 
Precompliance Report as specified in Sec.  63.1439(e)(4), or in the 
operating permit application, as allowed under Sec.  63.1439(e)(8).
    (2) The owner or operator shall determine the annual epoxide 
emissions after control. This information shall be submitted as part of 
the Notification of Compliance Status, as provided in Sec.  
63.1439(e)(5).
    (3) The owner or operator shall comply with the ECO monitoring 
provisions in Sec.  63.1427(i).
    (4) The owner or operator shall comply with the ECO recordkeeping 
and reporting requirements in Sec.  63.1427(j) and (k).
    (f) Compliance with epoxide emission factor limitation without using 
extended cookout or a combustion, recovery, or recapture device. (1) The 
owner or operator shall notify the Agency of the intent to comply with 
the epoxide emission factor limitation in Sec.  63.1425(b)(1)(iii) or 
(b)(2)(iv) without the use of ECO or a combustion, recovery, or 
recapture device. The owner or operator shall prepare an estimate of the 
annual epoxide emissions. This notification and emission estimate shall 
be submitted in the Precompliance Report as specified in Sec.  
63.1439(e)(4), or in the operating permit application, as allowed in 
Sec.  63.1439(e)(8).

[[Page 673]]

    (2) Each year after the compliance date, the owner or operator shall 
calculate the epoxides emission factor for the previous year. This 
information shall be submitted in the second Periodic Report submitted 
each year, as specified in Sec.  63.1439(e)(6).



Sec.  63.1432  Storage vessel provisions.

    (a) For each storage vessel located at an affected source, the owner 
or operator shall comply with the HON storage vessel requirements of 
Sec. Sec.  63.119 through 63.123 and the HON leak inspection provisions 
in Sec.  63.148, with the differences noted in paragraphs (b) through 
(p) of this section, for the purposes of this subpart.
    (b) When the term ``storage vessel'' is used in the HON storage 
vessel requirements in Sec. Sec.  63.119 through 63.123, the definition 
of this term in Sec.  63.1423 shall apply for the purposes of this 
subpart.
    (c) When the term ``Group 1 storage vessel'' is used in the HON 
storage vessel requirements in Sec. Sec.  63.119 through 63.123, the 
definition of this term in Sec.  63.1423 shall apply for the purposes of 
this subpart.
    (d) When the term ``Group 2 storage vessel'' is used in the HON 
storage vessel requirements in Sec. Sec.  63.119 through 63.123, the 
definition of this term in Sec.  63.1423 shall apply for the purposes of 
this subpart.
    (e) When the HON storage vessel requirements in Sec.  63.119 refer 
to ``December 31, 1992,'' the phrase ``September 4, 1997'' shall apply 
instead, for the purposes of this subpart.
    (f) When the HON storage vessel requirements in Sec.  63.119 refer 
to ``April 22, 1994,'' the phrase ``June 1, 1999,'' shall apply instead, 
for the purposes of this subpart.
    (g) The owner or operator of an affected source shall comply with 
this paragraph instead of Sec.  63.120(d)(1)(ii) for the purposes of 
this subpart. If the combustion, recovery, or recapture device used to 
comply with Sec.  63.119(e) is also used to comply with any of the 
requirements found in Sec. Sec.  63.1425 through 63.1431 and/or Sec.  
63.1433, the performance test required in or accepted by Sec. Sec.  
63.1425 through 63.1431 and/or Sec.  63.1433 is acceptable for 
demonstrating compliance with the HON storage vessel requirements in 
Sec.  63.119(e), for the purposes of this subpart. The owner or operator 
will not be required to prepare a design evaluation for the combustion, 
recovery, or recapture device as described in Sec.  63.120(d)(1)(i), if 
the performance test meets the criteria specified in paragraphs (g)(1) 
and (2) of this section.
    (1) The performance test demonstrates that the combustion, recovery, 
or recapture device achieves greater than or equal to the required 
control efficiency specified in the HON storage vessel requirements in 
Sec.  63.119(e)(1) or (2), as applicable; and
    (2) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec.  63.1439(e)(5).
    (h) When the HON storage vessel requirements in Sec. Sec.  
63.120(d)(3)(i), 63.120(d)(5), and 63.122(g)(2) use the term ``range,'' 
the term ``level'' shall apply instead for the purposes of this subpart.
    (i) For purposes of this subpart, the monitoring plan required by 
the HON storage vessel requirements in Sec.  63.120(d)(2) shall specify 
for which combustion, recovery, or recapture device the owner or 
operator has selected to follow the procedures for continuous monitoring 
specified in Sec.  63.1438. For the combustion, recovery, or recapture 
device(s) for which the owner or operator has selected not to follow the 
procedures for continuous monitoring specified in Sec.  63.1438, the 
monitoring plan shall include a description of the parameter(s) to be 
monitored to ensure that the combustion, recovery, or recapture device 
is being properly operated and maintained, an explanation of the 
criteria used for selection of that parameter(s), and the frequency with 
which monitoring will be performed (e.g., when the liquid level in the 
storage vessel is being raised), as specified in Sec.  63.120(d)(2)(i).
    (j) For purposes of this subpart, the monitoring plan required by 
Sec.  63.122(b) shall be included in the Notification of Compliance 
Status required by Sec.  63.1439(e)(5).
    (k) When the HON Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in Sec. Sec.  63.120, 
63.122, and 63.123, the Notification of Compliance Status requirements 
contained in Sec.  63.1439(e)(5) shall apply for the purposes of this 
subpart.

[[Page 674]]

    (l) When the HON Periodic Report requirements contained in Sec.  
63.152(c) are referred to in Sec. Sec.  63.120 and 63.122, the Periodic 
Report requirements contained in Sec.  63.1439(e)(6) shall apply for the 
purposes of this subpart.
    (m) When other reports as required in Sec.  63.152(d) are referred 
to in Sec.  63.122, the reporting requirements contained in Sec.  
63.1439(e)(7) shall apply for the purposes of this subpart.
    (n) When the HON Initial Notification requirements contained in 
Sec.  63.151(b) are referred to in Sec.  63.119 through Sec.  63.123, 
the owner or operator shall comply with the Initial Notification 
requirements contained in Sec.  63.1439(e)(3), for the purposes of this 
subpart.
    (o) When the determination of equivalence criteria in Sec.  
63.102(b) are referred to in the HON storage vessel requirements in 
Sec.  63.121(a), the General Provisions' alternative nonopacity emission 
provisions in Sec.  63.6(g) shall apply for the purposes of this 
subpart.
    (p) The compliance date for storage vessels at affected sources 
subject to the provisions of this section is specified in Sec.  63.1422.
    (q) In addition to the records required by Sec.  63.123, the owner 
or operator of each storage vessel that is complying with Sec.  
63.119(e) and that has an applicable monitoring plan in accordance with 
Sec.  63.120(d)(2) that does not specify continuous monitoring, shall 
maintain records of all times when the storage tank is being filled 
(i.e., when the liquid level in the storage vessel is being raised). 
These records shall consist of documentation of the time when each 
filling period begins and ends.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000]



Sec.  63.1433  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraph (c) of this 
section, the owner or operator of each affected source shall comply with 
the HON wastewater requirements in Sec. Sec.  63.132 through 63.147 for 
each process wastewater stream originating at an affected source, with 
the HON leak inspection requirements in Sec.  63.148, and with the HON 
requirements in Sec.  63.149 for equipment that is subject to Sec.  
63.149, with the differences noted in paragraphs (a)(1) through (20) of 
this section. Further, the owner or operator of each affected source 
shall comply with the requirements of Sec.  63.105(a) for maintenance 
wastewater, as specified in paragraph (b) of this section.
    (1) Owners and operators of affected sources are not required to 
comply with the HON new source wastewater requirements in Sec.  
63.132(b)(1) and Sec.  63.132(d) for the purposes of this subpart. 
Owners or operators of all new affected sources, as defined in this 
subpart, shall comply with the HON requirements for existing sources in 
Sec. Sec.  63.132 through 63.149, with the exceptions noted in 
paragraphs (a)(2) through (20) of this section.
    (2) The provisions of paragraphs (a)(2)(i), (ii), and (a)(10)(iii) 
of this section clarify the organic HAP that an owner or operator shall 
consider when complying with the requirements of Sec. Sec.  63.132 
through 63.149.
    (i) Owners and operators are exempt from all requirements in 
Sec. Sec.  63.132 through 63.149 that pertain solely and exclusively to 
organic HAP listed on Table 8 of 40 CFR part 63, subpart G.
    (ii) When the HON requirements in Sec. Sec.  63.132 through 63.149 
refer to Table 9 compounds, the owner or operator is only required to 
consider compounds that meet the definition of organic HAP in Sec.  
63.1423 and that are listed in Table 9 of 40 CFR part 63, subpart G, for 
the purposes of this subpart.
    (iii) When Sec. Sec.  63.132 through 63.149 refer to compounds in 
Table 36 of 40 CFR part 63, subpart G, or compounds in List 1 or List 2 
of Table 36 of 40 CFR part 63, subpart G, the owner or operator is only 
required to consider compounds that meet the definition of organic HAP 
in Sec.  63.1423 and that are listed on Table 36 of 40 CFR part 63, 
subpart G, for the purposes of this subpart.
    (3) 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 
General Provisions' alternative nonopacity emission standard provisions 
in Sec.  63.6(g) shall apply for the purposes of this subpart.
    (4) When the HON storage vessel requirements contained in Sec. Sec.  
63.119 through 63.123 are referred to in Sec. Sec.  63.132 through 
63.148, the HON storage vessel requirements in Sec. Sec.  63.119 through 
63.123

[[Page 675]]

are applicable, with the exception of the differences referred to in the 
storage vessel requirements in Sec.  63.1432, for the purposes of this 
subpart.
    (5) When the HON process wastewater reporting requirements in Sec.  
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.  
63.1439(f) for the purposes of this subpart.
    (6) When the HON process wastewater recordkeeping requirements in 
Sec.  63.147(d) require the owner or operator to keep records of the 
daily average value of each continuously monitored parameter for each 
operating day as specified in the HON recordkeeping provisions in Sec.  
63.152(f), the owner or operator shall instead keep records of the daily 
average value of each continuously monitored parameter as specified in 
Sec.  63.1439(d), for the purposes of this subpart.
    (7) When Sec. Sec.  63.132 through 63.149 refer to an ``existing 
source,'' the term existing affected source, as defined in Sec.  
63.1420(a)(2), shall apply for the purposes of this subpart.
    (8) When the HON requirements in Sec. Sec.  63.132 through 63.149 
refer to a ``new source,'' the term new affected source, as defined in 
Sec.  63.1420(a)(3), shall apply for the purposes of this subpart.
    (9) When the HON process wastewater provisions in 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.  63.1422 shall apply, for the purposes of this subpart.
    (10) Whenever the HON process wastewater provisions in Sec. Sec.  
63.132 through 63.147 refer to a Group 1 wastewater stream or a Group 2 
wastewater stream, the definitions of these terms contained in Sec.  
63.1423 shall apply, for the purposes of this subpart.
    (11) When the HON control requirements for certain liquid streams in 
open systems, in Sec.  63.149(d), refer to ``Sec.  63.100(f) of subpart 
F,'' the phrase ``Sec.  63.1420(c),'' shall apply for the purposes of 
this subpart. In addition, where Sec.  63.149(d) states ``and the item 
of equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, or H of this part,'' the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or PPP of this part,'' shall apply for the purposes 
of this subpart.
    (12) When the HON control requirements for certain liquid streams in 
open systems, in Sec.  63.149(e) (1) and (2), refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR 63.100(l) (1) or (2),'' the phrase ``a new affected source as 
described in Sec.  63.1420(a)(4),'' shall apply for the purposes of this 
subpart.
    (13) When the HON Notification of Compliance Status requirements 
contained in Sec.  63.152(b) are referred to in the HON process 
wastewater provisions in Sec.  63.138 or Sec.  63.146, the Notification 
of Compliance Status requirements contained in Sec.  63.1439(e)(5) shall 
apply for the purposes of this subpart. In addition, when the HON 
process wastewater provisions in Sec.  63.138 or Sec.  63.146 require 
that information be reported according to Sec.  63.152(b) in the HON 
Notification of Compliance Status, owners or operators of affected 
sources shall report the specified information in the Notification of 
Compliance Status required by Sec.  63.1439(e)(5), for the purposes of 
this subpart.
    (14) When the HON Periodic Report requirements contained in Sec.  
63.152(c) are referred to in the HON process wastewater provisions in 
Sec.  63.146, the Periodic Report requirements contained in Sec.  
63.1439(e)(6) shall apply for the purposes of this subpart. In addition, 
when Sec.  63.146 requires that information be reported in the HON 
Periodic Reports required in Sec.  63.152(c), owners or operators of 
affected sources shall report the specified information in the Periodic 
Reports required in Sec.  63.1439(e)(6), for the purposes of this 
subpart.
    (15) When the term ``range'' is used in the HON requirements in 
Sec. Sec.  63.132 through 63.149, the term ``level'' shall be used 
instead, for the purposes of this subpart. This level shall be 
determined using the procedures specified in parameter monitoring 
procedures in Sec.  63.1438.

[[Page 676]]

    (16) When the HON process wastewater monitoring and inspection 
provisions in Sec.  63.143(f) specify that the owner or operator shall 
establish the range that indicates proper operation of the treatment 
process or control technique, the owner or operator shall instead comply 
with the requirements Sec.  63.1438 (c) or (d) for establishing 
parameter level maximums/minimums, for the purposes of this subpart.
    (17) When the HON process wastewater provisions in Sec.  63.146(b) 
(7) and (8) require that ``the information on parameter ranges specified 
in Sec.  63.152(b)(2)'' be reported in the HON Notification of 
Compliance Status, owners and operators of affected sources are instead 
required to report the information on parameter levels in the 
Notification of Compliance Status as specified in Sec.  
63.1439(e)(5)(ii), for the purposes of this subpart.
    (18) For the purposes of this subpart, the owner or operator is not 
required to comply with the HON process wastewater emission reduction 
provisions in Sec.  63.138(g).
    (19) When the provisions of HON process wastewater provisions in 
Sec.  63.139(c)(1)(ii), Sec.  63.145(d)(4), or Sec.  63.145(i)(2) 
specify that Method 18, 40 CFR part 60, appendix A shall be used, Method 
18 or Method 25A, 40 CFR part 60, appendix A may be used for the 
purposes of this subpart. The use of Method 25A, 40 CFR part 60, 
appendix A shall comply with paragraphs (a)(19) (i) and (ii) of this 
section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (20) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to the HON provisions in Sec.  63.132(g) 
is subject to the requirements of Sec.  63.132(g), with the differences 
identified in this section, and is not subject to the NESHAP from off-
site waste and recovery operations in 40 CFR part 63, subpart DD, with 
respect to the received material.
    (b) Maintenance wastewater. The owner or operator of each affected 
source shall comply with the HON maintenance wastewater requirements in 
Sec.  63.105, with the exceptions noted in paragraphs (b) (1), (2), and 
(3) of this section.
    (1) When the HON maintenance wastewater provisions in Sec.  
63.105(a) refer to ``organic HAPs listed in Table 9 of subpart G of this 
part,'' the owner or operator is only required to consider compounds 
that meet the definition of organic HAP in Sec.  63.1423 and that are 
listed in Table 9 of 40 CFR part 63, subpart G, for the purposes of this 
subpart.
    (2) When the term ``maintenance wastewater'' is used in the HON 
maintenance wastewater provisions in Sec.  63.105, the definition of 
``maintenance wastewater'' in Sec.  63.1423 shall apply, for the 
purposes of this subpart.
    (3) When the term ``wastewater'' is used in the HON maintenance 
wastewater provisions in Sec.  63.105, the definition of ``wastewater'' 
in Sec.  63.1423 shall apply, for the purposes of this subpart.
    (c) Compliance date. The compliance date for the affected source 
subject to the provisions of this section is specified in Sec.  63.1422.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000]



Sec.  63.1434  Equipment leak provisions.

    (a) The owner or operator of each affected source shall comply with 
the HON equipment leak requirements in 40 CFR part 63, subpart H for all 
equipment in organic HAP service, except Sec.  63.165 and as specified 
in paragraphs (b) through (h) of this section.
    (b) The compliance date for the equipment leak provisions in this 
section is provided in Sec.  63.1422(d).
    (c) Requirements for pressure relief devices. Except as specified in 
paragraph (c)(4) of this section, the owner or operator must comply with 
the operating and pressure release requirements specified in paragraphs 
(c)(1) and (2) of this section for pressure relief devices in organic 
HAP gas or vapor service. Except as specified in paragraph (c)(4) of 
this

[[Page 677]]

section, the owner or operator must also comply with the pressure 
release management requirements specified in paragraph (c)(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 
detected by Method 21 of 40 CFR part 60, appendix A.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, comply with paragraphs (c)(2)(i) or 
(ii) of this section, as applicable.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as detected by Method 21 of 
40 CFR part 60, appendix A, no later than 5 calendar days after the 
pressure release to verify that the pressure relief device is operating 
with an instrument reading of less than 500 ppm above background, except 
as provided in Sec.  63.171.
    (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.
    (3) Pressure release management. Except as specified in paragraph 
(c)(4) of this section, pressure releases to the atmosphere from 
pressure relief devices in organic HAP service are prohibited, and the 
owner or operator must comply with the requirements specified in 
paragraphs (c)(3)(i) and (ii) of this section for all pressure relief 
devices in organic HAP service.
    (i) For each pressure relief device in organic HAP service, the 
owner or operator must equip each pressure relief device with a 
device(s) or use a monitoring system that is capable of:
    (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) If any pressure relief device in organic HAP service releases 
to atmosphere as a result of a pressure release event, the owner or 
operator must calculate the quantity of organic HAP released during each 
pressure release event and report this quantity as required in Sec.  
63.1439(e)(6)(ix). 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, or 
drain system. If a pressure relief device in organic HAP service is 
designed and operated to route all pressure releases through a closed 
vent system to a control device, process, or drain system, the owner or 
operator is not required to comply with paragraphs (c)(1), (2), or (3) 
(if applicable) of this section. Both the closed vent system and control 
device (if applicable) must meet the requirements of Sec.  63.172. The 
drain system (if applicable) must meet the requirements of Sec.  63.136.
    (d) When the HON equipment leak Initial Notification requirements 
contained in Sec. Sec.  63.182(a)(1) and 63.182(b) are referred to in 40 
CFR part 63, subpart H, the owner or operator shall comply with the 
Initial Notification requirements contained in Sec.  63.1439(e)(3), for 
the purposes of this subpart. The Initial Notification shall be 
submitted no later than June 1, 2000, or no later than 120 days after 
the source becomes subject to this subpart, whichever is later, for 
existing sources.
    (e) The HON equipment leak Notification of Compliance Status 
required by Sec. Sec.  63.182(a)(2) and 63.182(c) shall be submitted 
within 150 days (rather than 90 days) of the applicable compliance date 
specified in Sec.  63.1422 for the equipment leak provisions. The 
Initial Notification shall be submitted no later than June 1, 2000, or 
no later than 120 days after the source becomes subject

[[Page 678]]

to this subpart, whichever is later, for existing sources.
    (f) The Periodic Reports required by Sec. Sec.  63.182(a)(3) and 
63.182(d) may be submitted as part of the Periodic Reports required by 
Sec.  63.1439(e)(6).
    (g) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
PMPU within the affected source for all purposes under subpart H, 
providing there is no delay in achieving the applicable compliance date.
    (h) The phrase ``the provisions of subparts F, I, or PPP of this 
part'' shall apply instead of the phrase ``the provisions of subparts F 
or I of this part,'' and instead of the phrase ``the provisions of 
subpart F or I of this part'' throughout Sec. Sec.  63.163 and 63.168, 
for the purposes of this subpart. In addition, the phrase ``subparts F, 
I, and PPP'' shall apply instead of the phrase ``subparts F and I'' in 
Sec.  63.174(c)(2)(iii), for the purposes of this subpart.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 
FR 17378, Mar. 27, 2014; 85 FR 73900, Nov. 19, 2020]



Sec.  63.1435  Heat exchanger provisions.

    (a) The owner or operator of each affected source shall comply with 
the requirements of Sec.  63.104 for heat exchange systems, with the 
exceptions noted in paragraphs (b) through (e) of this section.
    (b) When the term ``chemical manufacturing process unit'' is used in 
Sec.  63.104, the term ``polyether polyols manufacturing process unit'' 
shall apply for the purposes of this subpart. Further, when the phrase 
``a chemical manufacturing process unit meeting the conditions of Sec.  
63.100(b)(1) through (3) of this subpart, except for chemical 
manufacturing process units meeting the condition specified in Sec.  
63.100(c) of this subpart'' is used in Sec.  63.104(a), the term ``PMPU, 
except for PMPU meeting the conditions specified in Sec.  63.1420(b)'' 
shall apply for the purposes of this subpart.
    (c) When the HON heat exchange system requirements in Sec.  
63.104(c)(3) specify the monitoring plan retention requirements, and 
when Sec.  63.104(f)(1) refers to the record retention requirements in 
Sec.  63.103(c)(1), the provisions of the general recordkeeping and 
reporting requirements in Sec.  63.1439(a) and the applicable provisions 
of the General Provisions in 40 CFR part 63, subpart A, as specified in 
Table 1 of this subpart, shall apply for the purposes of this subpart.
    (d) When the HON heat exchange system requirements in Sec.  
63.104(f)(2) require information to be reported in the Periodic Reports 
required by the HON general reporting provisions in Sec.  63.152(c), the 
owner or operator shall instead report the information specified in 
Sec.  63.104(f)(2) in the Periodic Reports required by the general 
reporting requirements in Sec.  63.1439(e)(6), for the purposes of this 
subpart.
    (e) When the HON heat exchange system requirements in Sec.  63.104 
refer to Table 4 of 40 CFR part 63, subpart F or Table 9 of 40 CFR part 
63, subpart G, the owner or operator is only required to consider 
organic HAP listed in Table 4 of 40 CFR part 63, subpart F or 40 CFR 
part 63, Table 9 of subpart G that are also listed on Table 4 of this 
subpart, for the purposes of this subpart.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000]



Sec.  63.1436  [Reserved]



Sec.  63.1437  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with Sec.  
63.7(a)(1), (a)(3), (d), (e)(2), (e)(4), (g), and (h), with the 
exceptions specified in paragraphs (a)(1) through (4) of this section 
and the additions specified in paragraph (b) of 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. 
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

[[Page 679]]

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) Performance tests shall be conducted according to the general 
provisions' performance testing requirements in Sec.  63.7(e)(2), except 
that for all emission sources except process vents from batch unit 
operations, performance tests shall be conducted during maximum 
representative operating conditions for the process achievable during 
one of the time periods described in paragraph (a)(1)(i) of this 
section, without causing any of the situations described in paragraphs 
(a)(1)(ii) or (iii) of this section to occur. For process vents from 
batch unit operations, performance tests shall be conducted either at 
absolute worst-case conditions or hypothetical worst-case conditions, as 
defined in Sec.  63.1426(c)(3)(i)(B), that are achievable during one of 
the time periods described in paragraph (a)(1)(i) of this section, 
without causing any of the situations described in paragraph (a)(1)(ii) 
or (iii) of this section to occur.
    (i) The 6-month period that ends 2 months before the Notification of 
Compliance Status is due, according to Sec.  63.1439(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 3 
months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make a product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make a 
product in excess of demand.
    (iii) Causing plant or testing personnel to be subject to unsafe 
conditions. Owners or operators that limit testing based on this 
paragraph shall maintain documentation that demonstrates the nature of 
the unsafe conditions and explains measures considered by the owner or 
operator to overcome these conditions. If requested, this documentation 
shall be provided to the Administrator.
    (2) When the General Provisions' data analysis, recordkeeping, and 
reporting requirements in Sec.  63.7(g) refer to the Notification of 
Compliance Status requirements in Sec.  63.9(h), the Notification of 
Compliance Status requirements in Sec.  63.1439(e)(5) shall instead 
apply, for the purposes of this subpart.
    (3) Because the General Provisions' site-specific test plan in Sec.  
63.7(c)(3) is not required, the General Provisions' requirement for the 
Administrator to approve or deny site-specific test plans, in Sec.  
63.7(h)(4)(ii), is not applicable for the purposes of this subpart.
    (4) The owner or operator of an affected source shall provide the 
Administrator at least 30 days prior notice of any performance test, 
except as specified under other subparts, to afford the Administrator 
the opportunity to have an observer present. If after 30 days notice for 
an initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected source shall notify the 
Administrator (or delegated State or local agency) as soon as possible 
of any delay in the original test date, either by providing at least 7 
days prior notice of the rescheduled test date of the performance test, 
or by arranging a rescheduled date with the Administrator (or delegated 
State or local agency) by mutual agreement.
    (b) Data shall be reduced in accordance with the EPA approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301, 40 CFR part 63, appendix A.
    (c) Notwithstanding any other provision of this subpart, if an owner 
or operator of an affected source uses a flare to comply with any of the 
requirements of this subpart, the owner or operator shall comply with 
paragraphs (c)(1) through (3) of this section. The owner or operator is 
not required to conduct a performance test to determine percent emission 
reduction or outlet organic HAP or TOC concentration. If a compliance 
demonstration has been conducted previously for a flare, using the 
techniques specified in paragraphs (c)(1) through (3) of this

[[Page 680]]

section, that compliance demonstration may be used to satisfy the 
requirements of this paragraph if either no deliberate process changes 
have been made since the compliance demonstration, or the results of the 
compliance demonstration reliably demonstrate compliance despite process 
changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec.  63.11(b)(4) of the General Provisions;
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec.  63.11(b)(6) of the General 
Provisions; and
    (3) Determine the exit velocity using the techniques specified in 
either Sec.  63.11(b)(7)(i) (and Sec.  63.11(b)(7)(iii), where 
applicable) or Sec.  63.11(b)(8) of the General Provisions, as 
appropriate.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 
FR 17378, Mar. 27, 2014]



Sec.  63.1438  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a combustion, recovery, or recapture device that has one or 
more parameter monitoring level requirements specified under this 
subpart shall establish a maximum or minimum level for each measured 
parameter. If a performance test is required by this subpart for a 
combustion, recovery, or recapture device, the owner or operator shall 
use the procedures in either paragraph (b) or (c) of this section to 
establish the parameter monitoring level(s). If a performance test is 
not required by this subpart for a combustion, recovery, or recapture 
device, the owner or operator may use the procedures in paragraph (b), 
(c), or (d) of this section to establish the parameter monitoring 
levels. When using the procedures specified in paragraph (c) or (d) of 
this section, the owner or operator shall submit the information 
specified in Sec.  63.1439(e)(4)(viii) for review and approval, as part 
of the Precompliance Report.
    (1) The owner or operator shall operate combustion, recovery, and 
recapture devices such that the daily average value of monitored 
parameters remains at or above the minimum established level, or remains 
at or below the maximum established level, except as otherwise provided 
in this subpart.
    (2) As specified in Sec.  63.1439(e)(5)(ii), all established levels, 
along with their supporting documentation and the definition of an 
operating day, shall be submitted as part of the Notification of 
Compliance Status.
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of 40 CFR part 63, subparts A, F, G, or H.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this subpart, 
and an owner or operator elects to establish a parameter monitoring 
level for a combustion, recovery, or recapture device based exclusively 
on parameter values measured during the performance test, the owner or 
operator of the affected source shall comply with the procedures in 
paragraph (b)(1) or (2) of this section, as applicable.
    (1) Process vents from continuous unit operations. During initial 
compliance testing, the appropriate parameter shall be continuously 
monitored during the required 1-hour runs for process vents from 
continuous unit operations. The monitoring level(s) shall then be 
established as the average of the maximum (or minimum) point values from 
the three 1-hour test runs. The average of the maximum values shall be 
used when establishing a maximum level, and the average of the minimum 
values shall be used when establishing a minimum level.
    (2) Process vents from batch unit operations. For process vents from 
batch unit operations, during initial compliance testing, the 
appropriate parameter shall be monitored continuously during the entire 
test period. The monitoring level(s) shall be those established during 
from the compliance test.
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations.

[[Page 681]]

Parameter monitoring levels established under this paragraph shall be 
based on the parameter values measured during the performance test 
supplemented by engineering assessments and/or manufacturer's 
recommendations. Performance testing is not required to be conducted 
over the entire range of expected parameter values. The information 
specified in paragraphs (c)(1) and (2) of this section shall be provided 
in the Notification of Compliance Status.
    (1) The specific level of the monitored parameter(s) for each 
emission point.
    (2) The rationale for the specific level for each parameter for each 
emission point, including any data and calculations used to develop the 
level and a description of why the level indicates proper operation of 
the combustion, recovery, or recapture device.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. If a performance test 
is not required by this subpart for a combustion, recovery, or recapture 
device, the maximum or minimum level may be based solely on engineering 
assessments and/or manufacturers' recommendations. As required in 
paragraph (a)(2) of this section, the determined level and all 
supporting documentation shall be provided in the Notification of 
Compliance Status.
    (e) Monitoring violations. (1) Each excursion, as defined in 
paragraphs (f)(1)(i), (f)(2)(i)(A), (f)(2)(ii), (f)(3)(i), and (f)(4) of 
this section, constitutes a violation of the provisions of this subpart 
in accordance with paragraphs (e)(1)(i), (ii), or (iii) of this section.
    (i) For each condenser, each excursion constitutes a violation of 
the emission limit.
    (ii) For each recovery or recapture device other than a condenser, 
where an organic monitoring device is used to monitor concentration, 
each excursion constitutes a violation of the emission limit.
    (iii) For each combustion, recovery, or recapture device other than 
a condenser, each excursion constitutes a violation of the operating 
limit.
    (2) Each excursion, as defined in paragraphs (f)(1)(ii), 
(f)(1)(iii), (f)(2)(i)(B), and (f)(3)(ii) of this section constitutes a 
violation of the operating limit.
    (f) Parameter monitoring excursion definitions. Parameter monitoring 
excursions are defined in paragraphs (f)(1) through (3) of this section.
    (1) With respect to storage vessels (where the applicable monitoring 
plan specifies continuous monitoring), process vents from continuous 
unit operations using combustion, recovery, or recapture devices for 
purposes of compliance, and for process wastewater streams, an excursion 
means any of the three cases listed in paragraphs (f)(1)(i) through 
(iii) of this section.
    (i) The daily average value of one or more monitored parameters is 
above the maximum level or below the minimum level established for the 
given parameters.
    (ii) The period of combustion, recovery, or recapture device 
operation, with the exception noted in paragraph (f)(1)(v) of this 
section, is 4 hours or greater in an operating day and monitoring data 
are insufficient, as defined in paragraph (f)(1)(iv) of this section, to 
constitute a valid hour of data for at least 75 percent of the operating 
hours.
    (iii) The period of combustion, recovery, or recapture device 
operation, with the exception noted in paragraph (f)(1)(v) of this 
section, is less than 4 hours in an operating day and more than 2 of the 
hours during the period of operation do not constitute a valid hour of 
data due to insufficient monitoring data, as defined in paragraph 
(f)(1)(iv) of this section.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (f)(1)(ii) and (iii) of this section, if 
measured values are unavailable due to monitoring system breakdowns, 
repairs, calibrated checks, or zero (low-level) and high level 
adjustments, for any of the 15-minute periods within the hour. For data 
compression systems approved under Sec.  63.1439(g)(3), monitoring data 
are insufficient to calculate a valid hour of data if there are less 
than four data measurements made during the hour.
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies, are not

[[Page 682]]

considered to be part of the period of combustion, recovery, or 
recapture device operation, for the purposes of paragraphs (f)(1)(ii) 
and (iii) of this section.
    (2) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(f)(2)(i) or (ii) of this section, as applicable.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (f)(2)(i)(A) or (B) 
of this section is considered a single excursion for the combustion 
device.
    (A) When the average value of one or more parameters, averaged over 
the time during which the storage vessel is being filled (i.e., when the 
liquid level in the storage vessel is being raised), is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available, due to 
monitoring system breakdowns, repairs, calibration checks, or zero (low-
level) and high-level adjustments, for at least 75 percent of the 
specific intervals at which parameters are to be monitored and recorded, 
according to the storage vessel's monitoring plan, during which the 
storage vessel is being filled.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals (for example, if the 
relevant operating requirement is to exchange a disposable carbon 
canister before expiration of its rated service life), the monitoring 
plan shall define an excursion in terms of the relevant operating 
requirement.
    (3) With respect to process vents from batch unit operations, an 
excursion means one of the two cases listed in paragraphs (f)(3)(i) and 
(ii) of this section.
    (i) When the daily average value of one or more monitored parameters 
is above the maximum or below the minimum established level for the 
given parameters.
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available, due to monitoring system breakdowns, repairs, 
calibration checks, or zero (low-level) and high-level adjustments, for 
at least 75 percent of the 15-minute periods when batch emission 
episodes selected to be controlled are being vented to the control 
device during the operating day, using the procedures specified in 
paragraphs (f)(3)(ii)(A) through (D) of this section.
    (A) Determine the total amount of time during the operating day when 
batch emission episodes selected to be controlled are being vented to 
the control device.
    (B) Subtract the time during the periods of non-operation of the 
affected source (or portion thereof), resulting in cessation of the 
emissions to which the monitoring applies, from the total amount of time 
determined above in paragraph (f)(3)(ii)(A) of this section, to obtain 
the operating time used to determine if monitoring data are 
insufficient.
    (C) Determine the total number of 15-minute periods in the operating 
time used to determine if monitoring data are insufficient, as was 
determined in accordance with paragraph (f)(3)(ii)(B) of this section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(f)(3)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (4) With respect to process vents using ECO to reduce epoxide 
emissions, an excursion means any of the situations described in Sec.  
63.1427(i)(3)(i) through (v). For each excursion, the owner or operator 
shall be deemed out of compliance with the provisions of this subpart, 
in accordance with paragraph (e) of this section.

[64 FR 29439, June 1, 1999, as amended at 79 FR 17379, Mar. 27, 2014]



Sec.  63.1439  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
owner or operator of an affected source shall keep copies of all 
applicable records

[[Page 683]]

and reports required by this subpart for at least 5 years. All 
applicable records shall be maintained in such a manner that they can be 
readily accessed. The most recent 6 months of records shall be retained 
on site or shall be accessible from a central location by computer or 
other means that provide access within 2 hours after a request. The 
remaining 4 and one-half years of records may be retained offsite. 
Records may be maintained in hard copy or computer-readable form 
including, but not limited to, on microfilm, computer, floppy disk, 
magnetic tape, or microfiche. If an owner or operator submits copies of 
reports to the applicable EPA Regional Office, the owner or operator is 
not required to maintain copies of reports. If the EPA Regional Office 
has waived the requirement of Sec.  63.10(a)(4)(ii) for submittal of 
copies of reports, the owner or operator is not required to maintain 
copies of reports.
    (b) Subpart A requirements. The owner or operator of an affected 
source shall comply with the applicable recordkeeping and reporting 
requirements in 40 CFR part 63, subpart A (the General Provisions) as 
specified in Table 1 of this subpart. These requirements include, but 
are not limited to, the requirements specified in paragraphs (b)(1) and 
(2) of this section.
    (1) Malfunction recordkeeping and reporting. (i) Records of 
malfunctions. The owner or operator shall keep the records specified in 
paragraphs (b)(1)(i)(A) through (C) of this section.
    (A) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure record the 
date, time, and duration of each failure.
    (B) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit, 
and a description of the method used to estimate the emissions.
    (C) Record actions taken to minimize emissions in accordance with 
Sec.  63.1420(h)(4), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (ii) Reports of malfunctions. If a source fails to meet an 
applicable standard, report such events in the Periodic Report. Report 
the number of failures to meet an applicable standard. For each 
instance, report the date, time, and duration of each failure. For each 
failure the report must include a list of the affected sources or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit, and a description of the method used to 
estimate the emissions.
    (2) Application for approval of construction or reconstruction. For 
new affected sources, the owner or operator shall comply with the 
General Provisions' requirements for the application for approval of 
construction or reconstruction, as specified in Sec.  63.5, excluding 
the provisions specified in Sec.  63.5(d)(1)(ii)(H), (d)(1)(iii), 
(d)(2), and (d)(3)(ii).
    (c) Subpart H requirements. The owner or operator of an affected 
source shall comply with the HON equipment leak reporting and 
recordkeeping requirements in 40 CFR part 63, subpart H, except as 
specified in Sec.  63.1434(b) through (h).
    (d) Recordkeeping and documentation. The owner or operator required 
to keep continuous records shall keep records as specified in paragraphs 
(d)(1) through (10) of this section, unless an alternative recordkeeping 
system has been requested and approved as specified in paragraph (g) of 
this section, and except as provided in paragraph (h) of this section. 
If a monitoring plan for storage vessels pursuant to Sec.  63.1432(i) 
requires continuous records, the monitoring plan shall specify which 
provisions, if any, of paragraphs (d)(1) through (10) of this section 
apply. As described in Sec.  63.1432(i), certain storage vessels are not 
required to keep continuous records as specified in this paragraph. The 
owner or operator of such storage vessels shall keep records as 
specified in the monitoring plan required by Sec.  63.1432(i).
    (1) The monitoring system shall measure data values at least once 
during approximately equal 15-minute intervals.
    (2) The owner or operator shall record either each measured data 
value or block average values for 1 hour or

[[Page 684]]

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. The owner 
or operator of process vents from batch unit operations shall record 
each measured data value.
    (3) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day as specified in paragraphs 
(d)(3)(i) through (ii) of this section, except as specified in 
paragraphs (d)(6) and (7) of this section.
    (i) The daily average value shall be calculated as the average of 
all parameter values recorded during the operating day, except as 
specified in paragraph (d)(7) of this section. The calculated average 
shall cover a 24-hour period if operation is continuous. If intermittent 
emissions episodes occur resulting in emissions being vented to a 
combustion, recapture, or recovery device for a period of less than 24 
hours in the operating day, the daily average shall be calculated based 
only on the period when emissions are being vented to the combustion, 
recapture, or recovery device. For example, if a batch unit operation 
operates such that emissions are vented to a combustion device for 6 
hours, then the daily average is the average of the temperature 
measurements taken during those 6 hours.
    (ii) The operating day shall be the 24-hour period that the owner or 
operator specifies in the operating permit or the Notification of 
Compliance Status, for purposes of determining daily average values.
    (4)-(5) [Reserved]
    (6) If all recorded values for a monitored parameter during an 
operating day are above the minimum level or below the maximum level 
established in the Notification of Compliance Status or operating 
permit, the owner or operator may record that all values were above the 
minimum level or below the maximum level rather than calculating and 
recording a daily average for that operating day.
    (7) Monitoring data recorded during periods identified in paragraphs 
(d)(7)(i) and (ii) of this section shall not be included in any average 
computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
combustion, recovery, or recapture device operation when monitors are 
not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver of 
recordkeeping or reporting requirements under the General Provisions' 
recordkeeping and reporting requirements in Sec.  63.10(f) shall 
maintain the information, if any, specified by the Administrator as a 
condition of the waiver of recordkeeping or reporting requirements.
    (10) For pressure relief devices in organic HAP service, keep 
records of the information specified in paragraphs (d)(10)(i) through 
(v) of this section, as applicable.
    (i) A list of identification numbers for pressure relief devices 
that the owner or operator elects to equip with a closed-vent system and 
control device, subject to the provisions in Sec.  63.1434(c)(4).
    (ii) A list of identification numbers for pressure relief devices 
subject to the provisions in Sec.  63.1434(c)(1).
    (iii) A list of identification numbers for pressure relief devices 
equipped with rupture disks, subject to the provisions in Sec.  
63.1434(c)(2)(ii).
    (iv) The dates and results of the Method 21 of 40 CFR part 60, 
appendix A, monitoring following a pressure release for each pressure 
relief device

[[Page 685]]

subject to the provisions in Sec.  63.1434(c)(1) and (2). The results 
shall include:
    (A) The background level measured during each compliance test.
    (B) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (v) For pressure relief devices in organic HAP service subject to 
Sec.  63.1434(c)(3), keep records of each pressure release to the 
atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) The quantity of total HAP emitted during the pressure release 
and the calculations used for determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (e) Reporting and notification. In addition to the reports and 
notifications required by 40 CFR part 63, subpart A, as specified in 
this subpart, the owner or operator of an affected source shall prepare 
and submit the reports listed in paragraphs (e)(3) through (9) of this 
section, as applicable. All reports required by this subpart, and the 
schedule for their submittal, are listed in Table 8 of this subpart.
    (1) Violation of reporting requirements. Owners and operators shall 
not be in violation of the reporting requirements of this paragraph (e) 
for failing to submit information required to be included in a specified 
report if the owner or operator meets the requirements in paragraphs 
(e)(1)(i) through (iii) of this section. Examples of circumstances where 
this paragraph may apply include information related to newly-added 
equipment or emission points, changes in the process, changes in 
equipment required or utilized for compliance with the requirements of 
this subpart, or changes in methods or equipment for monitoring, 
recordkeeping, or reporting.
    (i) The information was not known in time for inclusion in the 
report specified by this subpart.
    (ii) The owner or operator has been diligent in obtaining the 
information.
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (C) of this section.
    (A) If this subpart expressly provides for supplements to the report 
in which the information is required, the owner or operator shall submit 
the information as a supplement to that report. The information shall be 
submitted no later than 60 days after it is obtained, unless otherwise 
specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an operating 
permit pursuant to the State operating permit programs in part 70 or the 
Federal operating permit programs in part 71, due to circumstances to 
which the information pertains, the owner or operator shall submit the 
information with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or (B) of 
this section, the owner or operator shall submit the information with 
the first Periodic Report, as required by this subpart, which has a 
submission deadline at least 60 days after the information is obtained.
    (2) Submittal of reports. All reports required under this subpart 
shall be sent to the Administrator at the applicable address listed in 
the General Provisions' list of addresses of State air pollution control 
agencies and EPA Regional Offices, in Sec.  63.13. If acceptable to both 
the Administrator and the owner or operator of a source, reports may be 
submitted on electronic media.
    (3) Initial Notification. The owner or operator of a new affected 
source shall submit a written Initial Notification to the Administrator 
containing the information described in paragraph (e)(3)(i) of this 
section according to the schedule in paragraph (e)(3)(ii) of this 
section. The General Provisions' Initial Notification requirements in 
Sec.  63.9(b)(2) and (3) shall not apply for the purposes of this 
subpart.
    (i) The Initial Notification shall include the following 
information:
    (A) The name and address of the owner or operator;

[[Page 686]]

    (B) The address (physical location) of the affected source;
    (C) An identification of the kinds of emission points within the 
affected source;
    (D) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date; and
    (E) A statement of whether or not the affected source is a major 
source.
    (ii) The Initial Notification shall be submitted according to the 
schedule in paragraph (e)(3)(ii)(A), (B), or (C) of this section, as 
applicable.
    (A) [Reserved]
    (B) For a new source that has an initial start-up on or after August 
30, 1999, the application for approval of construction or reconstruction 
required by the General Provisions in Sec.  63.5(d) shall be submitted 
in lieu of the Initial Notification. The application shall be submitted 
as soon as practical before construction or reconstruction is planned to 
commence (but it need not be sooner than August 30, 1999). For a new 
source that reclassifies to major source status after January 19, 2021, 
and greater than 90 days after the initial start-up, the source shall 
submit the initial notification required by 63.9(b) no later than 120 
days after the source becomes subject to this subpart.
    (C) For a new source that has an initial start-up prior to August 
30, 1999, the Initial Notification shall be submitted no later than 
August 30, 1999, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later. The application for 
approval of construction or reconstruction described in the General 
Provisions' requirements in Sec.  63.5(d) is not required for these 
sources.
    (4) Precompliance Report. The owner or operator of an affected 
source requesting an extension for compliance; requesting approval to 
use alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; or requesting approval to 
establish parameter monitoring levels according to the procedures 
contained in Sec.  63.1438(c) or (d) shall submit a Precompliance Report 
according to the schedule described in paragraph (e)(4)(i) of this 
section. The Precompliance Report shall contain the information 
specified in paragraphs (e)(4)(ii) through (viii) of this section, as 
appropriate.
    (i) The Precompliance Report shall be submitted to the Administrator 
no later than 12 months prior to the compliance date. Unless the 
Administrator objects to a request submitted in the Precompliance Report 
within 45 days after its receipt, the request shall be deemed approved. 
For new affected sources, the Precompliance Report shall be submitted to 
the Administrator with the application for approval of construction or 
reconstruction required in paragraph (b)(2) of this section. Supplements 
to the Precompliance Report may be submitted as specified in paragraph 
(e)(4)(vii) of this section. To submit a Precompliance Report for the 
first time after the compliance date to request an extension for 
compliance; request approval to use alternative monitoring parameters, 
alternative continuous monitoring and recordkeeping, or alternative 
controls; or request approval to establish parameter monitoring levels 
according to the procedures contained in Sec.  63.1438(c) or (d), the 
owner or operator shall notify the Administrator at least 90 days before 
the planned change is to be implemented; the change shall be considered 
approved if the Administrator either approves the change in writing, or 
fails to disapprove the change in writing within 45 days of receipt.
    (ii) A request for an extension for compliance, as specified in 
Sec.  63.1422(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
the General Provisions' compliance requirements in Sec.  
63.6(i)(6)(i)(A) and (B), as required in Sec.  63.1422(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other than 
those for which monitoring parameters are specified in this subpart or 
in 40 CFR part 63, subpart G, or seeks to comply by monitoring a 
different parameter than those

[[Page 687]]

specified in this subpart or in 40 CFR part 63, subpart G.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) of 
this section, the owner or operator shall submit a request for approval 
in the Precompliance Report.
    (v) The owner or operator shall report the intent to use an 
alternative emission standard to comply with the provisions of this 
subpart in the Precompliance Report. The Administrator may deem an 
alternative emission standard to be equivalent to the standard required 
by the subpart, under the procedures outlined in the General Provisions' 
requirements for use of an alternative nonopacity emission standard, in 
Sec.  63.6(g).
    (vi) [Reserved]
    (vii) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (e)(4)(vii)(A) of this section, or as specified 
in paragraph (e)(4)(vii)(B) of this section. Unless the Administrator 
objects to a request submitted in a supplement to the Precompliance 
Report within 45 days after its receipt, the request shall be deemed 
approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(4)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(4)(iv) of 
this section; or to use alternative controls, as specified in paragraph 
(e)(4)(v) of this section.
    (viii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in the parameter monitoring 
provisions in Sec.  63.1438(c) or (d), the following information shall 
be submitted in the Precompliance Report:
    (A) Identification of which procedures (i.e., Sec.  63.1438(c) or 
(d)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec.  63.1438(c) are to be used, a 
description of how performance test data will be used shall be included.
    (5) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted within 
150 days after the compliance dates specified in Sec.  63.1422. For 
equipment leaks subject to Sec.  63.1434, the owner or operator shall 
submit the information specified in the HON equipment leak Notification 
of Compliance Status requirements in Sec.  63.182(c), in the 
Notification of Compliance Status required by this paragraph. For all 
other emission points, including heat exchange systems, the Notification 
of Compliance Status shall contain the information listed in paragraphs 
(e)(5)(i) through (vii) of this section. For pressure relief devices 
subject to the requirements of Sec.  63.1434(c)(3), the owner or 
operator shall submit the information listed in paragraph (e)(5)(viii) 
of this section in the Notification of Compliance Status within 150 days 
after the first applicable compliance date for pressure relief device 
monitoring.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information required by the test method to be in the test report used to 
demonstrate compliance, values of monitored parameters established 
during performance tests, and any other information required to be 
included in a Notification of Compliance Status under the requirements 
for overlapping regulations in Sec.  63.1422(j), the HON storage vessel 
reporting provisions in Sec.  63.122 and the storage vessel provisions 
in Sec.  63.1432, and the HON process wastewater reporting provisions in 
Sec.  63.146. In addition, the owner or operator shall comply with 
paragraphs (e)(5)(i)(A) and (B) of this section.
    (A) For performance tests, group determinations, or determination 
that controls are needed, the Notification of Compliance Status shall 
include one complete test report, as described in paragraph (e)(5)(i)(B) 
of this section,

[[Page 688]]

for each test method used for a particular kind of emission point. For 
additional tests performed for the same kind of emission point using the 
same method, the results and any other information required by the test 
method to be in the test report shall be submitted, but a complete test 
report is not required.
    (B) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards (if the owner or operator 
prepares the 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 to be in the test report.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under the HON process vent 
monitoring requirements in Sec.  63.114(e) and the process vent 
monitoring requirements in Sec.  63.1429(d), the HON process wastewater 
parameter monitoring requirements in Sec.  63.143(f), paragraph (e)(8) 
of this section, or paragraph (f) of this section, the information 
specified in paragraphs (e)(5)(ii)(A) through (C) of this section shall 
be submitted. Further, as described in the storage vessel provisions in 
Sec.  63.1432(k), for those storage vessels for which the parameter 
monitoring plan (required to be submitted under the HON Notification of 
Compliance Status requirements for storage vessels in Sec.  
63.120(d)(3)) specifies compliance with the parameter monitoring 
provisions of Sec.  63.1438, the owner or operator shall provide the 
information specified in paragraphs (e)(5)(ii)(A) through (C) of this 
section for each monitoring parameter. For those storage vessels for 
which the parameter monitoring plan required to be submitted under the 
HON Notification of Compliance Status requirements for storage vessels 
in Sec.  63.120(d)(2) does not require compliance with the provisions of 
Sec.  63.1438, the owner or operator shall provide the information 
specified in Sec.  63.120(d)(3) as part of the Notification of 
Compliance Status.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates that the combustion, recovery, 
or recapture device is operated in a manner to ensure compliance with 
the provisions of this subpart.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) of 
this section, for purposes of determining daily average values of 
monitored parameters.
    (iii) The determination of applicability for flexible operation 
units as specified in Sec.  63.1420(e)(1)(iii).
    (iv) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in Sec.  
63.1420(e)(5)(ii)(A).
    (v) The results for each predominant use determination made under 
Sec.  63.1420(f)(1) through (7), for storage vessels assigned to an 
affected source subject to this subpart.
    (vi) If any emission point is subject to this subpart and to other 
standards as specified in Sec.  63.1422(j), and if the provisions of 
Sec.  63.1422(j) allow the owner or operator to choose which testing, 
monitoring, reporting, and recordkeeping provisions will be followed, 
then the Notification of Compliance Status shall indicate which rule's 
requirements will be followed for testing, monitoring, reporting, and 
recordkeeping.
    (vii) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec.  63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility. An owner or operator

[[Page 689]]

who transfers a Group 1 process vent for disposal pursuant to Sec.  
63.113(i) shall include in the Notification of Compliance Status the 
name and location of the transferee, and the identification of the Group 
1 process vent.
    (viii) For pressure relief devices in organic HAP service, a 
description of the device or monitoring system to be implemented, 
including the pressure relief devices and process parameters to be 
monitored (if applicable), a description of the alarms or other methods 
by which operators will be notified of a pressure release, and a 
description of how the owner or operator will determine the information 
to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section 
(i.e., the duration of the pressure release and the methodology and 
calculations for determining of the quantity of total HAP emitted during 
the pressure release).
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (ix) of this section. In addition, for 
equipment leaks subject to Sec.  63.1434, the owner or operator shall 
submit the information specified in the HON periodic reporting 
requirements in Sec.  63.182(d), and for heat exchange systems subject 
to Sec.  63.1434, the owner or operator shall submit the information 
specified in the HON heat exchange system reporting requirements in 
Sec.  63.104(f)(2), as part of the Periodic Report required by this 
paragraph (e)(6).
    (i) Except as specified in paragraphs (e)(6)(viii) of this section, 
a report containing the information in paragraph (e)(6)(ii) of this 
section or paragraphs (e)(6)(iii) through (vii) of this section, as 
appropriate, shall be submitted semiannually no later than 60 days after 
the end of each 180-day period. The first report shall be submitted no 
later than 240 days after the date the Notification of Compliance Status 
is due and shall cover the 6-month period beginning on the date the 
Notification of Compliance Status is due. Subsequent reports shall cover 
each preceding 6-month period.
    (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) 
through (vii) of this section occurred during the 6-month period, the 
Periodic Report required by paragraph (e)(6)(i) of this section shall be 
a statement that there were no compliance exceptions, as described in 
this paragraph, for the 6-month period covered by that report and that 
none of the activities specified in paragraphs (e)(6)(iii) through (vii) 
of this section occurred during the period covered by that report.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Sec. Sec.  63.1432 through 63.1433 for any emission 
point, Periodic Reports shall include:
    (A) All information specified in the HON periodic reporting 
requirements in Sec.  63.122(a)(4) for storage vessels and in Sec.  
63.146(c) through Sec.  63.146(f) for process wastewater.
    (B) The daily average values of monitored parameters for all 
excursions, as defined in Sec.  63.1438(f).
    (C) The periods when monitoring data were not collected shall be 
specified; and
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through (3) of 
this section, as applicable:
    (1) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process change 
if that process change caused the group status of an emission point to 
change from Group 1 to Group 2. However, until the owner or operator 
notifies the Administrator that the group status of an emission point 
has changed from Group 1 to Group 2, the owner or operator is required 
to continue to comply with the Group 1 requirements for that emission 
point. This notification may be submitted at any time.
    (2) Notification if one or more emission points (other than 
equipment leak components subject to Sec.  63.1434), or one or more PMPU 
is added to an affected source. The owner or operator shall submit the 
information contained in paragraphs (e)(6)(iii)(D)(2)(i) and (ii) of 
this section.
    (i) A description of the addition to the affected source.
    (ii) Notification of the group status or control requirement for the 
additional emission point or all emission points in the PMPU.

[[Page 690]]

    (3) For gas streams sent for disposal pursuant to Sec.  63.113(i) or 
for process wastewater streams sent for treatment pursuant to Sec.  
63.132(g), reports of changes in the identity of the treatment facility 
or transferee.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of malfunctions.
    (iv) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (A) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (e)(5)(i)(B) 
of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
by the test method to be in the test report shall be submitted, but a 
complete test report is not required.
    (v) The results for each change made to a primary product 
determination for a PMPU made under Sec.  63.1420(e)(3) or (10).
    (vi) The results for each reevaluation of the applicability of this 
subpart to a storage vessel that begins receiving material from (or 
sending material to) a process unit that was not included in the initial 
determination, or a storage vessel that ceases to receive material from 
(or send material to) a process unit that was included in the initial 
determination, in accordance with Sec.  63.1420(f)(8).
    (vii) The Periodic Report required by the equipment leak provisions 
in Sec.  63.1434(f) shall be submitted as part of the Periodic Report 
required by paragraph (e)(6) of this section.
    (viii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections as 
specified in paragraphs (e)(6)(viii)(A) through (D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point or 
process section if the emission point or process section meets the 
conditions in paragraph (e)(6)(viii)(A)(1) or (2) of this section.
    (1) A combustion, recovery, or recapture device for a particular 
emission point or process section has one or more excursions, as defined 
in Sec.  63.1438(f), in two consecutive semiannual reporting periods; or
    (2) The Administrator requests the owner or operator to submit 
quarterly reports for that emission point or process section.
    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) through (vii) of this section, as applicable to 
the emission point or process section for which quarterly reporting is 
required under paragraph (e)(6)(viii)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 days after 
the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without one or more excursions occurring (during that 
year), the owner or operator may return to semiannual reporting for the 
emission point or process section.
    (ix) For pressure relief devices in organic HAP service, Periodic 
Reports must include the information specified in paragraphs 
(e)(6)(ix)(A) through (C) of this section.
    (A) For pressure relief devices in organic HAP service subject to 
Sec.  63.1434(c), report confirmation that all monitoring to show 
compliance was conducted within the reporting period.
    (B) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec.  63.1434(c)(2), report any instrument reading of 500 ppm 
above background or greater, more than 5 calendar days after the 
pressure release.
    (C) For pressure relief devices in organic HAP service subject to 
Sec.  63.1434(c)(3), report each pressure release to the atmosphere, 
including the following information:
    (1) The source, nature, and cause of the pressure release.
    (2) The date, time, and duration of the pressure release.
    (3) The quantity of total HAP emitted during the pressure release 
and the

[[Page 691]]

method used for determining this quantity.
    (4) The actions taken to prevent this pressure release.
    (5) The measures adopted to prevent future such pressure
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (iii) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec.  63.1432 shall be submitted, as specified in the HON storage 
vessel provisions in Sec.  63.122(h)(1) and (2).
    (ii) When the conditions at Sec.  63.1420(e)(3)(iii), (e)(9), or 
(e)(10) are met, reports of changes to the primary product for a PMPU or 
process unit, as required by Sec.  63.1420(e)(3)(iii), (e)(9), or 
(e)(10)(iii), respectively, shall be submitted.
    (iii) Owners or operators of PMPU or emission points (other than 
equipment leak components subject to Sec.  63.1434) that are subject to 
provisions for changes or additions to plant sites in Sec.  
63.1420(g)(1) or (2) shall submit a report as specified in paragraphs 
(e)(7)(iii)(A) and (B) of this section.
    (A) Reports shall include:
    (1) A description of the process change or addition, as appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec.  63.1420(g)(1) or (2); and
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec.  63.1434) 
specified in paragraphs (e)(7)(iii)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added PMPU, as described in Sec.  
63.1420(g)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec.  63.1420(g)(2)(i).
    (iii) All the added or created emission points as described in Sec.  
63.1420(g)(2)(ii) or (iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, or wishes to establish parameter 
monitoring levels according to the procedures contained in Sec.  
63.1438(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(iii)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(iii)(B)(1) through (3) of this section, as appropriate.
    (1) Owners or operators of an added PMPU subject to Sec.  
63.1420(g)(1) shall submit a report no later than 180 days prior to the 
compliance date for the PMPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec.  63.1420(g)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners and operators of any emission point (other than equipment 
leak components subject to Sec.  63.1434) subject to Sec.  
63.1420(g)(2)(ii) or (iii) shall submit a report no later than 180 days 
prior to the compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of a Precompliance Report shall 
submit the information specified in paragraph (e)(4) of this section, as 
applicable, with the operating permit application.
    (9) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2), the owner 
or operator must submit the results of the performance tests, including 
any associated fuel analyses, required by this subpart according to the 
methods specified in paragraphs (e)(9)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of the 
performance test to the EPA by direct computer-to-computer electronic 
transfer via EPA-provided software, unless otherwise approved by the 
Administrator. Owners or operators, who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI), must submit a complete file using EPA-
provided software that includes information claimed to be CBI on a 
compact disk, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic media must be clearly marked as CBI

[[Page 692]]

and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA by direct 
computer-to-computer electronic transfer via EPA-provided software.
    (ii) For any performance test conducted using test methods that are 
not compatible with the EPA-provided software, the owner or operator 
shall submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec.  60.4.
    (f) Alternative monitoring parameters. The owner or operator who has 
been directed by any section of this subpart, or any section of another 
subpart referenced by this subpart, that specifically references this 
paragraph to set unique monitoring parameters, or who requests approval 
to monitor a different parameter than those listed in Sec.  63.1432 for 
storage vessels, Sec.  63.1427 for ECO, Sec.  63.1429 for process vents, 
or Sec.  63.143 for process wastewater shall submit the information 
specified in paragraphs (f)(1) through (3) of this section in the 
Precompliance Report, as required by paragraph (e)(4) of this section. 
The owner or operator shall retain for a period of 5 years each record 
required by paragraphs (f)(1) through (3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the combustion, recovery, or 
recapture device; control technique; or pollution prevention measure is 
operated in conformance with its design and achieves the specified 
emission limit, percent reduction, or nominal efficiency, and an 
explanation of the criteria used to select the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e)(5) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner or 
operator choosing not to implement the continuous parameter operating 
and recordkeeping provisions listed in Sec.  63.1429 for process vents, 
and Sec.  63.1433 for wastewater, may instead request approval to use 
alternative continuous monitoring and recordkeeping provisions according 
to the procedures specified in paragraphs (g)(1) through (4) of this 
section. Requests shall be submitted in the Precompliance Report as 
specified in paragraph (e)(4)(iv) of this section, and shall contain the 
information specified in paragraphs (g)(2)(ii) and (g)(3)(ii) of this 
section, as applicable.
    (1) The provisions in the General Provisions requirements for the 
use of an alternative monitoring method in Sec.  63.8(f)(5)(i) shall 
govern the review and approval of requests.
    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once during approximately equal 15-minute intervals and 
that does not generate continuous records may request approval to use a 
nonautomated system with less frequent monitoring, in accordance with 
paragraphs (g)(2)(i) and (ii) of this section.
    (i) The requested system shall include visual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once

[[Page 693]]

per hour. Daily averages shall be calculated from these hourly values 
and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration that the proposed monitoring frequency is 
sufficient to represent combustion, recovery, or recapture device 
operating conditions, considering typical variability of the specific 
process and combustion, recovery, or recapture device operating 
parameter being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once at 
approximately equal intervals of about 15 minutes), but that records all 
values that meet set criteria for variation from previously recorded 
values, in accordance with paragraphs (g)(3)(i) and (ii) of this 
section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once during 
approximately equal 15-minute intervals;
    (B) Record at least four values each hour during periods of 
operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average values of the monitored operating 
parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in Sec.  
63.1438(f), the data for that operating day may be converted to hourly 
average values and the four or more individual records for each hour in 
the operating day may be discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
the General Provisions' requirements for using an alternative monitoring 
method in Sec.  63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (h)(1) or (2) of this section as 
alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions that would otherwise apply under this subpart. 
The owner or operator shall retain for a period of 5 years each record 
required by paragraph (h)(1) or (2) of this section.
    (1) The owner or operator may retain only the daily average value, 
and is not required to retain more frequent monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (h)(1)(i) through (iv) of 
this section are met. An owner or operator electing to comply with the 
requirements of paragraph (h)(1) of this section shall notify the 
Administrator in the Notification of Compliance Status or, if the 
Notification of Compliance Status has already been submitted, in the 
Periodic Report immediately preceding implementation of the requirements 
of paragraph (h)(1) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation (e.g., a temperature reading 
of -200 [deg]C on a boiler), and will alert the operator by alarm or 
other means. All instances of the alarm or other alert in an operating 
day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to

[[Page 694]]

observe this running average is readily available to the Administrator 
on-site during the operating day. The owner or operator shall record the 
occurrence of any period meeting the criteria in paragraphs 
(h)(1)(ii)(A) and (B) of this section. All instances in an operating day 
constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits; and
    (B) The running average is based on at least six 1-hour average 
values.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation, except in circumstances where the presence 
of unchanging data are the expected operating condition based on past 
experience (e.g., pH in some scrubbers), and will alert the operator by 
alarm or other means The owner or operator shall record the occurrence. 
All instances of the alarm or other alert in an operating day constitute 
a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (h)(1) of this section, at the times specified in 
paragraphs (h)(1)(v)(A) through (C) of this section. The owner or 
operator shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (D) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (v) of this section. The description shall identify 
the location and format (e.g., on-line storage, log entries) for each 
required record. If the description changes, the owner or operator shall 
retain both the current and the most recent superseded description, as 
specified in paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (D) The owner or operator subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current. The current description shall, at 
all times, be retained on-site or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain all superseded descriptions 
for at least 5 years after the date of their creation. Superseded 
descriptions shall be retained on-site (or accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request) for at least 6 months after their creation. Thereafter, 
superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average value, for any operating day when 
the daily average 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

[[Page 695]]

be credited toward the period of 6 consecutive months, if the parameter 
limit and the monitoring accomplished during the period prior to the 
compliance date was required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the next 
Periodic Report. The notification shall identify the parameter and unit 
of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily average values as provided in paragraph (h)(2) of this 
section, there is an excursion as defined in paragraph (h)(2)(iv) of 
this section, the owner or operator shall immediately resume retaining 
the daily average value for each operating day and shall notify the 
Administrator in the next Periodic Report. The owner or operator shall 
continue to retain each daily average value until another period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraph (h)(1) of this section, for the duration specified in 
paragraph (h) of this section. For any calendar week, if compliance with 
paragraphs (h)(1)(i) through (iv) of this section does not result in 
retention of a record of at least one occurrence or measured parameter 
value, the owner or operator shall record and retain at least one 
parameter value during a period of operation.
    (iv) For the purposes of paragraph (h) of this section, an excursion 
means that the daily average of monitoring data for a parameter is 
greater than the maximum, or less than the minimum established value.

[64 FR 29439, June 1, 1999, as amended at 65 FR 26502, May 8, 2000; 71 
FR 20461, Apr. 20, 2006; 79 FR 17379, Mar. 27, 2014; 85 FR 73900, Nov. 
19, 2020]



    Sec. Table 1 to Subpart PPP of Part 63--Applicability of General 
               Provisions to Subpart PPP Affected Sources

------------------------------------------------------------------------
                          Applies to subpart
       Reference                 PPP                  Explanation
------------------------------------------------------------------------
63.1(a)(1)............  Yes..................  Sec.   63.1423 specifies
                                                definitions in addition
                                                to or that supersede
                                                definitions in Sec.
                                                63.2.
63.1(a)(2)............  Yes.
63.1(a)(3)............  Yes..................  Sec.   63.1422(f) through
                                                (k) of this subpart and
                                                Sec.   63.160(b)
                                                identify those standards
                                                which overlap with the
                                                requirements of subparts
                                                PPP and H and specify
                                                how compliance shall be
                                                achieved.
63.1(a)(4)............  Yes..................  Subpart PPP (this table)
                                                specifies the
                                                applicability of each
                                                paragraph in subpart A
                                                to subpart PPP.
63.1(a)(5)............  No...................  Reserved.
63.1(a)(6)............  Yes..................
63.1(a)(7)-(9)........  No...................  Reserved.
63.1(a)(10)...........  Yes.
63.1(a)(11)...........  Yes.
63.1(a)(12)-(14)......  Yes.
63.1(b)(1)............  No...................  Sec.   63.1420(a)
                                                contains specific
                                                applicability criteria.
63.1(b)(2)............  Yes.
63.1(b)(3)............  Yes.
63.1(c)(1)............  Yes..................  Subpart PPP (this table)
                                                specifies the
                                                applicability of each
                                                paragraph in subpart A
                                                to subpart PPP.
63.1(c)(2)............  No...................  Area sources are not
                                                subject to subpart PPP.
63.1(c)(3)............  No...................  Reserved.
63.1(c)(4)............  No...................  Reserved.
63.1(c)(5)............  Yes..................  Except that affected
                                                sources are not required
                                                to submit notifications
                                                overridden by this
                                                table.
63.1(c)(6)............  Yes..................
63.1(d)...............  No...................  Reserved.
63.1(e)...............  Yes.
63.2..................  Yes..................  Sec.   63.1423 specifies
                                                those subpart A
                                                definitions that apply
                                                to subpart PPP.
63.3..................  Yes.
63.4(a)(1)-(3)........  Yes.
63.4(a)(4)............  No...................  Reserved.
63.4(a)(5)............  Yes.
63.4(b)...............  Yes.
63.4(c)...............  Yes.
63.5(a)(1)............  Yes..................  Except the terms
                                                ``source'' and
                                                ``stationary source''
                                                should be interpreted as
                                                having the same meaning
                                                as ``affected source.''

[[Page 696]]

 
63.5(a)(2)............  Yes.
63.5(b)(1)............  Yes..................  Except Sec.   63.1420(g)
                                                defines when
                                                construction or
                                                reconstruction is
                                                subject to new source
                                                standards.
63.5(b)(2)............  No...................  Reserved.
63.5(b)(3)............  Yes.
63.5(b)(4)............  Yes..................  Except that the initial
                                                notification
                                                requirements in Sec.
                                                63.1439(e)(3) shall
                                                apply instead of the
                                                requirements in Sec.
                                                63.9(b).
63.5(b)(5)............  Yes.
63.5(b)(6)............  Yes..................  Except that Sec.
                                                63.1420(g) defines when
                                                construction or
                                                reconstruction is
                                                subject to the new
                                                source standards.
63.5(c)...............  No...................  Reserved.
63.5(d)(1)(i).........  Yes.
63.5(d)(1)(ii)........  Yes..................  Except that Sec.
                                                63.5(d)(1)(ii)(H) does
                                                not apply.
63.5(d)(1)(iii).......  No...................  Sec.   63.1439(e)(5) and
                                                Sec.   63.1434(e)
                                                specify notification of
                                                compliance status
                                                requirements.
63.5(d)(2)............  No.
63.5(d)(3)............  Yes..................  Except Sec.
                                                63.5(d)(3)(ii) does not
                                                apply, and equipment
                                                leaks subject to Sec.
                                                63.1434 are exempt.
63.5(d)(4)............  Yes.
63.5(e)...............  Yes.
63.5(f)(1)............  Yes.
63.5(f)(2)............  Yes..................  Except that where Sec.
                                                63.9(b)(2) is referred
                                                to, the owner or
                                                operator need not
                                                comply.
63.6(a)...............  Yes.
63.6(b)(1)............  Yes.
63.6(b)(2)............  Yes.
63.6(b)(3)............  Yes.
63.6(b)(4)............  Yes.
63.6(b)(5)............  Yes.
63.6(b)(6)............  No...................  Reserved.
63.6(b)(7)............  No.
63.6(c)(1)............  Yes..................  Sec.   63.1422 specifies
                                                the compliance date.
63.6(c)(2)............  No.
63.6(c)(3)............  No...................  Reserved.
63.6(c)(4)............  No...................  Reserved.
63.6(c)(5)............  Yes.
63.6(d)...............  No...................  Reserved.
63.6(e)...............  Yes..................  Except as otherwise
                                                specified for individual
                                                paragraphs.
Sec.   63.6(e)(1)(i)..  No...................  See Sec.   63.1420(h)(4)
                                                for general duty
                                                requirement.
Sec.   63.6(e)(1)(ii).  No...................
63.6(e)(1)(iii).......  Yes.
63.6(e)(2)............  Yes.
Sec.   63.6(e)(3).....  No...................
Sec.   63.6(f)(1).....  No...................
63.6(f)(2)............  Yes..................  Except 63.7(c), as
                                                referred to in Sec.
                                                63.6(f)(2)(iii)(D) does
                                                not apply, and except
                                                that Sec.
                                                63.6(f)(2)(ii) does not
                                                apply to equipment leaks
                                                subject to Sec.
                                                63.1434.
63.6(f)(3)............  Yes.
63.6(g)...............  Yes.
63.6(h)...............  No...................  Subpart PPP does not
                                                require opacity and
                                                visible emission
                                                standards.
63.6(i)(1)............  Yes.
63.6(i)(2)............  Yes.
63.6(i)(3)............  Yes.
63.6(i)(4)(i)(A)......  Yes.
63.6(i)(4)(i)(B)......  No...................  Dates are specified in
                                                Sec.   63.1422(e) and
                                                Sec.   63.1439(e)(4)(i)
                                                for all emission points
                                                except equipment leaks,
                                                which are covered under
                                                Sec.   63.182(a)(6)(i).
63.6(i)(4)(ii)........  No.
63.6(i)(5)-(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)............  No...................  Sec.   63.1439(e) (5) and
                                                (6) specify the
                                                submittal dates of
                                                performance test results
                                                for all emission points
                                                except equipment leaks;
                                                for equipment leaks,
                                                compliance demonstration
                                                results are reported in
                                                the Periodic Reports.
63.7(a)(3)............  Yes.
63.7(b)...............  No...................  Sec.   63.1437(a)(4)
                                                specifies notification
                                                requirements.
63.7(c)...............  No...................  Except if the owner or
                                                operator chooses to
                                                submit an alternative
                                                nonopacity emission
                                                standard for approval
                                                under Sec.   63.6(g).
63.7(d)...............  Yes.
63.7(e)(1)............  No...................  See Sec.   63.1437(a).
63.7(e)(2)............  Yes.
63.7(e)(3)............  No...................  Subpart PPP specifies
                                                requirements.
63.7(e)(4)............  Yes.

[[Page 697]]

 
63.7(f)...............  Yes..................  Since a site-specific
                                                test plan is not
                                                required, the
                                                notification deadline in
                                                Sec.   63.7(f)(2)(i)
                                                shall be 60 days prior
                                                to the performance test,
                                                and in Sec.   63.7(f)(3)
                                                approval or disapproval
                                                of the alternative test
                                                method shall not be tied
                                                to the site-specific
                                                test plan.
63.7(g)...............  Yes..................  Except the notification
                                                of compliance status
                                                report requirements in
                                                Sec.   63.1439(e)(5)
                                                shall apply instead of
                                                those in Sec.   63.9(h).
                                                In addition, equipment
                                                leaks subject to Sec.
                                                63.1434 are not required
                                                to conduct performance
                                                tests.
63.7(h)...............  Yes..................  Except Sec.
                                                63.7(h)(4)(ii) is not
                                                applicable, since the
                                                site-specific test plans
                                                in Sec.   63.7(c)(2) are
                                                not required.
63.8(a)(1)............  Yes.
63.8(a)(2)............  No.
63.8(a)(3)............  No...................  Reserved.
63.8(a)(4)............  Yes.
63.8(b)(1)............  Yes.
63.8(b)(2)............  No...................  Subpart PPP specifies
                                                locations to conduct
                                                monitoring.
63.8(b)(3)............  Yes.
63.8(c)(1)............  Yes.
63.8(c)(1)(i).........  No...................
63.8(c)(1)(ii)........  No...................
63.8(c)(1)(iii).......  No...................
63.8(c)(2)............  Yes.
63.8(c)(3)............  Yes.
63.8(c)(4)............  No...................  Sec.   63.1438 specifies
                                                monitoring requirements;
                                                not applicable to
                                                equipment leaks, because
                                                Sec.   63.1434 does not
                                                require continuous
                                                monitoring systems.
63.8(c)(5)-(8)........  No.
63.8(d)...............  No.
63.8(e)...............  No.
63.8(f)(1)-(3)........  Yes.
63.8(f)(4)(i).........  Yes..................  Except the timeframe for
                                                submitting request is
                                                specified in Sec.
                                                63.1439(f) or (g); not
                                                applicable to equipment
                                                leaks, because Sec.
                                                63.1434 (through subpart
                                                H of this part)
                                                specifies acceptable
                                                alternative methods.
63.8(f)(4)(ii)........  Yes.
63.8(f)(4)(iii).......  Yes.
63.8(f)(5)(i).........  Yes.
63.8(f)(5)(ii)........  No.
63.8(f)(5)(iii).......  Yes.
63.8(f)(6)............  No...................  Subpart PPP does not
                                                require CEMs.
63.8(g)...............  No...................  Data reduction procedures
                                                specified in Sec.
                                                63.1439(d) and (h); not
                                                applicable to equipment
                                                leaks.
63.9(a)...............  Yes.
63.9(b)...............  No...................  The initial notification
                                                requirements are
                                                specified in Sec.
                                                63.1439(e)(3).
63.9(c)...............  Yes.
63.9(d)...............  Yes.
63.9(e)...............  No...................  Sec.   63.1437(a)(4)
                                                specifies notification
                                                deadline.
63.9(f)...............  No...................  Subpart PPP does not
                                                require opacity and
                                                visible emission
                                                standards.
63.9(g)...............  No.
63.9(h)...............  No...................  Sec.   63.1439(e)(5)
                                                specifies notification
                                                of compliance status
                                                requirements.
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)...........  No...................  Sec.   63.1439(a)
                                                specifies record
                                                retention requirements.
63.10(b)(2)...........  No...................  Subpart PPP specifies
                                                recordkeeping
                                                requirements.
63.10(b)(3)...........  Yes.
63.10(c)..............  No...................  Sec.   63.1439 specifies
                                                recordkeeping
                                                requirements.
63.10(d)(1)...........  Yes.
63.10(d)(2)...........  No...................  Sec.   63.1439(e)(5) and
                                                (6) specify performance
                                                test reporting
                                                requirements; not
                                                applicable to equipment
                                                leaks.
63.10(d)(3)...........  No...................  Subpart PPP does not
                                                require opacity and
                                                visible emission
                                                standards.
63.10(d)(4)...........  Yes.
63.10(d)(5)...........  No...................  See Sec.
                                                63.1439(b)(1)(ii) for
                                                malfunction reporting
                                                requirements.
63.10(e)..............  No...................  Sec.   63.1439 specifies
                                                reporting requirements.
63.10(f)..............  Yes.
63.11.................  Yes.
63.12.................  Yes..................  Except that the authority
                                                of Sec.   63.177 (for
                                                equipment leaks) will
                                                not be delegated to
                                                States.
63.13-63.15...........  Yes.
------------------------------------------------------------------------


[65 FR 26502, May 8, 2000, as amended at 71 FR 20461, Apr. 20, 2006; 79 
FR 17381, Mar. 27, 2014; 85 FR 73900, Nov. 19, 2020]

[[Page 698]]



Sec. Table 2 to Subpart PPP of Part 63--Applicability of HON Provisions 
                     to Subpart PPP Affected Sources

----------------------------------------------------------------------------------------------------------------
                                                                                           Applicable section of
              Reference                Applies to subpart PPP         Explanation               subpart PPP
----------------------------------------------------------------------------------------------------------------
Subpart F:
    63.100..........................  No.....................
    63.101..........................  Yes....................  Several definitions from   63.1423.
                                                                63.101 are referenced at
                                                                63.1423.
    63.102-63.103...................  No.....................
    63.104..........................  Yes....................  With the differences       63.1435.
                                                                noted in 63.1435(b)
                                                                through (d).
    63.105..........................  Yes....................  With the differences       63.1433.
                                                                noted in 63.1433(b).
    63.106..........................  No.....................
Subpart G:
    63.107..........................  No.....................
    63.110..........................  No.....................
    63.111..........................  Yes....................  Several definitions from   63.1423.
                                                                63.111 are incorporated
                                                                by reference into
                                                                63.1423.
    63.112..........................  No.....................
    63.113-63.118...................  Yes....................  For THF facilities, with   63.1425.
                                                                the differences noted in
                                                                63.1425(f)(1) through
                                                                (f)(10).
                                      No.....................  For epoxide facilities,    63.1428.
                                                                except that 63.115(d) is
                                                                used for TRE
                                                                determinations.
    63.119-63.123...................  Yes....................  With the differences       63.1432.
                                                                noted in 63.1432(b)
                                                                through 63.1432(p).
    63.124-63.125...................  No.....................  Reserved.................
    63.126-63.130...................  No.....................
    63.131..........................  No.....................  Reserved.................
    63.132-63.147...................  Yes....................  With the differences       63.1433.
                                                                noted in 63.1433(a)(1)
                                                                through 63.1433(a)(19).
    63.148-63.149...................  Yes....................  With the differences       63.1432 and 63.1433.
                                                                noted in 63.1432(b)
                                                                through 63.1432(p) and
                                                                63.1433(a)(1) through
                                                                63.1433(a)(19).
    63.150..........................  No.....................
    63.151-63.152...................  No.....................
    63.153..........................  No.....................  .........................  63.1421
Subpart H:
    63.160-63.182...................  Yes....................  Subpart PPP affected       63.1434
                                                                sources shall comply
                                                                with all requirements of
                                                                subpart H, with the
                                                                differences noted in
                                                                63.1422(d), 63.1422(h),
                                                                and 63.1434.
Subpart U:
    63.480-63.487...................  No.....................
    63.488..........................  Yes....................  Portions of 63.488(b) and
                                                                (e) are cross-referenced
                                                                in subpart PPP..
    63.489-63.506...................  No.....................
----------------------------------------------------------------------------------------------------------------


[64 FR 29439, June 1, 1999, as amended at 79 FR 17382, Mar. 27, 2014]



   Sec. Table 3 to Subpart PPP of Part 63--Group 1 Storage Vessels at 
                    Existing and New Affected Sources

------------------------------------------------------------------------
                                                         Vapor Pressure
            Vessel capacity (cubic meters)             \a\ (kilopascals)
------------------------------------------------------------------------
75 <=capacity <151...................................   =13.1
  capacity =151...........................    =5.2
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



Sec. Table 4 to Subpart PPP of Part 63--Known Organic HAP From Polyether 
                             Polyol Products

------------------------------------------------------------------------
                   Organic HAP/chemical name [CAS No.]
-------------------------------------------------------------------------
                             1,3 Butadiene
                                (106990)
------------------------------------------------------------------------

[[Page 699]]

 
                            Epichlorohydrin
                                (106898)
------------------------------------------------------------------------
                             Ethylene Oxide
                                 (75218)
------------------------------------------------------------------------
                                n-Hexane
                                (110543)
------------------------------------------------------------------------
                                Methanol
                                 (67561)
------------------------------------------------------------------------
                            Propylene Oxide
                                 (75569)
------------------------------------------------------------------------
                                 Toluene
                                (108883)
------------------------------------------------------------------------
CAS No. = Chemical Abstracts Service Registry Number.


[65 FR 26505, May 8, 2000]



 Sec. Table 5 to Subpart PPP of Part 63--Process Vents From Batch Unit 
    Operations--Monitoring, Recordkeeping, and Reporting Requirements

------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameter to be         reporting
       Control technique            monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator...........  Firebox            1. Continuous records
                                 temperature \a\.   as specified in Sec.
                                                      63.1429. \b\
                                                   2. Record and report
                                                    the average firebox
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS. \c\
 
                                                   3. Record the daily
                                                    average firebox
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429.
 
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\
Catalytic Incinerator.........  Temperature        1. Continuous records
                                 upstream and       as specified in Sec.
                                 downstream of        63.1429. \b\
                                 the catalyst bed. 2. Record and report
                                                    the average upstream
                                                    and downstream
                                                    temperatures and the
                                                    average temperature
                                                    difference across
                                                    the catalyst bed
                                                    measured during the
                                                    performance test--
                                                    NCS. \c\
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    catalyst bed as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are below the
                                                    minimum upstream
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are below the
                                                    minimum difference
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                                   6. Report all
                                                    instances when
                                                    monitoring data are
                                                    not collected. \e\
Boiler or Process Heater with   Firebox            1. Continuous records
 a design heat input capacity    temperature \a\.   as specified in Sec.
 less than 44 megawatts and                           63.1429. \b\
 where the process vents are                       2. Record and report
 not introduced with or used                        the average firebox
 as the primary fuel.                               temperature measured
                                                    during the
                                                    performance test--
                                                    NCS \c\
                                                   3. Record the daily
                                                    average firebox
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429. \d\
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light.       was continuously
                                                    operating during
                                                    batch emission
                                                    episodes selected
                                                    for control and
                                                    whether a flame was
                                                    continuously present
                                                    at the pilot light
                                                    during each hour.

[[Page 700]]

 
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS.
                                                    \c\
                                                   3. Record the times
                                                    and durations of all
                                                    periods during batch
                                                    emission episodes
                                                    when all flames at
                                                    the pilot light of a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods during batch
                                                    emission episodes
                                                    selected for control
                                                    when all flames at
                                                    the pilot light of a
                                                    flare are absent--
                                                    Pr. \d\
Absorber \f\..................  Liquid flow rate   1. Records every 15
                                 into or out of     minutes, as
                                 the scrubber, or   specified in Sec.
                                 the pressure       63.1429. \b\
                                 drop across the   2. Record and report
                                 scrubber.          the average liquid
                                                    flow rate into or
                                                    out of the scrubber,
                                                    or the pressure drop
                                                    across the scrubber,
                                                    measured during the
                                                    performance test--
                                                    NCS.
                                                   3. Record the liquid
                                                    flow rate into or
                                                    out of the scrubber,
                                                    or the pressure drop
                                                    across the scrubber,
                                                    every 15 minutes, as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all
                                                    scrubber flow rates
                                                    or pressure drop
                                                    values that are
                                                    below the minimum
                                                    operating value
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\
                                pH of the          1. Once daily records
                                 scrubber.          as specified in Sec.
                                                      63.1429. \b\
                                                   2. Record and report
                                                    the average pH of
                                                    the scrubber
                                                    effluent measured
                                                    during the
                                                    performance test--
                                                    NCS. \c\
                                                   3. Record at least
                                                    once daily the pH of
                                                    the scrubber
                                                    effluent.
                                                   4. Report all pH
                                                    scrubber effluent
                                                    readings out of the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\ If a base
                                                    absorbent is used,
                                                    report all pH values
                                                    that are below the
                                                    minimum operating
                                                    values. If an acid
                                                    absorbent is used,
                                                    report all pH values
                                                    that are above the
                                                    maximum operating
                                                    values.
Condenser \f\.................  Exit (product      1. Continuous records
                                 side)              as specified in Sec.
                                 temperature.         63.1429. \b\
                                                   2. Record and report
                                                    the average exit
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS.
                                                   3. Record the daily
                                                    average exit
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average exit
                                                    temperatures that
                                                    are above the
                                                    maximum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\
Carbon Adsorber \f\...........  Total              1. Record of total
                                 regeneration       regeneration stream
                                 stream mass or     mass or volumetric
                                 volumetric flow    flow for each carbon
                                 during carbon      bed regeneration
                                 bed regeneration   cycle.
                                 cycle(s), and.    2. Record and report
                                                    the total
                                                    regeneration stream
                                                    mass or volumetric
                                                    flow during each
                                                    carbon bed
                                                    regeneration cycle
                                                    during the
                                                    performance test--
                                                    NCS. \c\
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    total regeneration
                                                    stream mass or
                                                    volumetric flow is
                                                    above the maximum
                                                    flow rate
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                Temperature of     1. Record the
                                 the carbon bed     temperature of the
                                 after              carbon bed after
                                 regeneration and   each regeneration
                                 within 15          and within 15
                                 minutes of         minutes of
                                 completing any     completing any
                                 cooling cycle(s).  cooling cycle(s).
                                                   2. Record and report
                                                    the temperature of
                                                    the carbon bed after
                                                    each regeneration
                                                    and within 15
                                                    minutes of
                                                    completing any
                                                    cooling cycle(s)
                                                    measured during the
                                                    performance test--
                                                    NCS. \c\
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    temperature of the
                                                    carbon bed after
                                                    regeneration, or
                                                    within 15 minutes of
                                                    completing any
                                                    cooling cycle(s), is
                                                    above the maximum
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
Absorber, Condenser, and        Concentration      1. Continuous records
 Carbon Adsorber (as an          level or reading   as specified in Sec.
 alternative to the above).      indicated by an      63.1429. \b\
                                 organic           2. Record and report
                                 monitoring         the average
                                 device at the      concentration level
                                 outlet of the      or reading measured
                                 recovery device.   during the
                                                    performance test--
                                                    NCS.
                                                   3. Record the daily
                                                    average
                                                    concentration level
                                                    or reading as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average
                                                    concentration levels
                                                    or readings that are
                                                    above the maximum
                                                    concentration or
                                                    reading established
                                                    in the NCS or
                                                    operating permit and
                                                    all instances when
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\

[[Page 701]]

 
All Combustion, recovery, or    Diversion to the   1. Hourly records of
 recapture devices.              atmosphere from    whether the flow
                                 the combustion,    indicator was
                                 recovery, or       operating during
                                 recapture device   batch emission
                                 or.                episodes selected
                                                    for control and
                                                    whether a diversion
                                                    was detected at any
                                                    time during the
                                                    hour, as specified
                                                    in Sec.   63.1429.
                                                   2. Record and report
                                                    the times of all
                                                    periods during batch
                                                    emission episodes
                                                    selected for control
                                                    when emissions are
                                                    diverted through a
                                                    bypass line, or the
                                                    flow indicator is
                                                    not operating--PR.
                                                    \d\
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves.     were performed as
                                                    specified in Sec.
                                                    63.1429.
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show that valves are
                                                    in the diverting
                                                    position or that a
                                                    seal has been
                                                    broken--PR. \d\
ECO...........................  Time from the end  1. Records at the end
                                 of the epoxide     of each batch, as
                                 feed, or the       specified in Sec.
                                 epoxide partial    63.1427(i).
                                 pressure in the   2. Record and report
                                 reactor or         the average
                                 direct             parameter value of
                                 measurement of     the parameters
                                 epoxide            chosen, measured
                                 concentration in   during the
                                 the reactor        performance test.
                                 liquid at the     3. Record the batch
                                 end of the ECO.    cycle ECO duration,
                                                    epoxide partial
                                                    pressure, or epoxide
                                                    concentration in the
                                                    liquid at the end of
                                                    the ECO
                                                   4. Report all batch
                                                    cycle parameter
                                                    values outside of
                                                    the ranges
                                                    established in
                                                    accordance with Sec.
                                                      63.1427(i)(3) and
                                                    all instances when
                                                    monitoring data were
                                                    not collected--PR.
                                                    \d e\
------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\b\ ``Continuous records'' is defined in Sec.   63.111.
\c\ NCS = Notification of Compliance Status described in Sec.   63.1429.
\d\ PR = Periodic Reports described in Sec.   63.1429.
\e\ The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.   63.1439.
\f\ Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.



 Sec. Table 6 to Subpart PPP of Part 63--Process Vents From Continuous 
 Unit Operations--Monitoring, Recordkeeping, and Reporting Requirements

------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameter to be         reporting
       Control technique            monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator...........  Firebox            1. Continuous records
                                 temperature \a\.   as specified in Sec.
                                                      63.1429. \b\
                                                   2. Record and report
                                                    the average firebox
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS. \c\
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    sufficient
                                                    monitoring data are
                                                    not collected--PR.
                                                    \d e\
Catalytic Incinerator.........  Temperature        1. Continuous records
                                 upstream and       as specified in Sec.
                                 downstream of        63.1429. \b\
                                 the catalyst bed. 2. Record and report
                                                    the average upstream
                                                    and downstream
                                                    temperatures and the
                                                    average temperature
                                                    difference across
                                                    the catalyst bed
                                                    measured during the
                                                    performance test--
                                                    NCS \c\
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    catalyst bed for
                                                    each operating day.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are below the
                                                    minimum upstream
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are below the
                                                    minimum difference
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected. \e\
Boiler or Process Heater with   Firebox            1. Continuous records
 a design heat input capacity    temperature \a\.   as specified in Sec.
 less than 44 megawatts and                           63.1429. \b\
 where the process vents are                       2. Record and report
 not introduced with or used                        the average firebox
 as the primary fuel.                               temperature measured
                                                    during the
                                                    performance test--
                                                    NCS \c\
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day. \d\
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    insufficient
                                                    monitoring data are
                                                    collected--PR. \d e\

[[Page 702]]

 
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light.       was continuously
                                                    operating and
                                                    whether a flame was
                                                    continuously present
                                                    at the pilot light
                                                    during each hour.
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS.
                                                    \c\
                                                   3. Record the times
                                                    and durations of all
                                                    periods when all
                                                    flames at the pilot
                                                    light of a flare are
                                                    absent or the
                                                    monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods when all
                                                    flames at the pilot
                                                    light of a flare are
                                                    absent--Pr. \d\
Absorber \f\..................  Exit temperature   1. Continuous records
                                 of the absorbing   as specified in Sec.
                                 liquid, and.         63.1429. \b\
                                                   2. Record and report
                                                    the exit temperature
                                                    of the absorbing
                                                    liquid averaged over
                                                    the full period of
                                                    the TRE
                                                    determination--NCS.
                                                    \c\
                                                   3. Record the daily
                                                    average exit
                                                    temperature of the
                                                    absorbing liquid for
                                                    each operating day.
                                                   4. Report all the
                                                    daily average exit
                                                    temperatures of the
                                                    absorbing liquid
                                                    that are below the
                                                    minimum operating
                                                    value established in
                                                    the NCS or
                                                    operating--PR. \d e\
                                Exit specific      1. Continuous records
                                 gravity for the    as specified in Sec.
                                 absorbing liquid.    63.1429. \b\
                                                   2. Record and report
                                                    the exit specific
                                                    gravity averaged
                                                    over the full period
                                                    of the TRE
                                                    determination--NCS.
                                                   3. Record the daily
                                                    average exit
                                                    specific gravity for
                                                    each operating day.
                                                   4. Report all daily
                                                    average exit
                                                    specific gravity
                                                    values that are
                                                    below the minimum
                                                    operating value
                                                    established in the
                                                    NCS or operating--
                                                    PR. \d e\
Condenser \f\.................  Exit (product      1. Continuous records
                                 side)              as specified in Sec.
                                 temperature.         63.1429. \b\
                                                   2. Record and report
                                                    the exit temperature
                                                    averaged over the
                                                    full period of the
                                                    TRE determination--
                                                    NCS.
                                                   3. Record the daily
                                                    average exit
                                                    temperature for each
                                                    operating day.
                                                   4. Report all daily
                                                    average exit
                                                    temperatures that
                                                    are above the
                                                    maximum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating--
                                                    PR. \d e\
Carbon Adsorber \f\...........  Total              1. Record of total
                                 regeneration       regeneration stream
                                 stream mass or     mass or volumetric
                                 volumetric flow    flow for each carbon
                                 during carbon      bed regeneration
                                 bed regeneration   cycle.
                                 cycle(s), and.    2. Record and report
                                                    the total
                                                    regeneration stream
                                                    mass or volumetric
                                                    flow during each
                                                    carbon bed
                                                    regeneration cycle
                                                    during the period of
                                                    the TRE
                                                    determination--NCS.
                                                    \c\
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    total regeneration
                                                    stream mass or
                                                    volumetric flow is
                                                    above the maximum
                                                    flow rate
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
                                Temperature of     1. Record the
                                 the carbon bed     temperature of the
                                 after              carbon bed after
                                 regeneration and   each regeneration
                                 within 15          and within 15
                                 minutes of         minutes of
                                 completing any     completing any
                                 cooling cycle(s).  cooling cycle(s).
                                                   2. Record and report
                                                    the temperature of
                                                    the carbon bed after
                                                    each regeneration
                                                    during the period of
                                                    the TRE
                                                    determination--NCS
                                                    \c\
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    temperature of the
                                                    carbon bed after
                                                    regeneration is
                                                    above the maximum
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR. \d e\
Absorber, Condenser, and        Concentration      1. Continuous records
 Carbon Adsorber (as an          level or reading   as specified in Sec.
 alternative to the above).      indicated by an      63.1429. \b\
                                 organic           2. Record and report
                                 monitoring         the concentration
                                 device at the      level or reading
                                 outlet of the      averaged over the
                                 recovery device.   full period of the
                                                    TRE determination--
                                                    NCS.
                                                   3. Record the daily
                                                    average
                                                    concentration level
                                                    or reading for each
                                                    operating day.
                                                   4. Report all daily
                                                    average
                                                    concentration levels
                                                    or readings that are
                                                    above the maximum
                                                    concentration or
                                                    reading established
                                                    in the NCS or
                                                    operating--PR. \d e\
All Combustion, recovery, or    Diversion to the   1. Hourly records of
 recapture devices.              atmosphere from    whether the flow
                                 the combustion,    indicator was
                                 recovery, or       operating and
                                 recapture device   whether a diversion
                                 or.                was detected at any
                                                    time during each
                                                    hour.
                                                   2. Record and report
                                                    the times of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line, or the
                                                    flow indicator is
                                                    not operating--PR.
                                                    \d\

[[Page 703]]

 
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves.     were performed as
                                                    specified in Sec.
                                                    63.1429.
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show that valves are
                                                    in the diverting
                                                    position or that a
                                                    seal has been
                                                    broken--PR. \d\
------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\b\ ``Continuous records'' is defined in Sec.   63.111.
\c\ NCS = Notification of Compliance Status described in Sec.   63.1429.
\d\ PR = Periodic Reports described in Sec.   63.1429.
\e\ The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.   63.1439.
\f\ Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.



 Sec. Table 7 to Subpart PPP of Part 63--Operating Parameters for Which 
   Monitoring Levels Are Required To Be Established for Process Vent 
                                 Streams

------------------------------------------------------------------------
                                                          Established
        Control technique          Parameters to be        operating
                                       monitored         parameter(s)
------------------------------------------------------------------------
Thermal incinerator.............  Firebox             Minimum
                                   temperature.        temperature.
Catalytic incinerator...........  Temperature         Minimum upstream
                                   upstream and        temperature; and
                                   downstream of the   minimum
                                   catalyst bed.       temperature
                                                       difference across
                                                       the catalyst bed.
Boiler or process heater........  Firebox             Minimum
                                   temperature.        temperature.
Absorber........................  Liquid flow rate    Minimum flow rate
                                   or pressure drop;   or pressure drop;
                                   and pH of           and maximum pH if
                                   scrubber            an acid absorbent
                                   effluent, if an     is used, or
                                   acid or base        minimum pH if a
                                   absorbent is used.  base absorbent is
                                                       used.
Condenser.......................  Exit temperature..  Maximum
                                                       temperature.
Carbon adsorber.................  Total regeneration  Maximum mass or
                                   stream mass or      volumetric flow;
                                   volumetric flow     and maximum
                                   during carbon bed   temperature.
                                   regeneration
                                   cycle; and
                                   temperature of
                                   the carbon bed
                                   after
                                   regeneration (and
                                   within 15 minutes
                                   of completing any
                                   cooling cycle(s)).
Extended Cookout (ECO)..........  Time from the end   Minimum duration,
                                   of the epoxide      or maximum
                                   feed to the end     partial pressure
                                   of the ECO, or      at the end of
                                   the reactor         ECO, or maximum
                                   epoxide partial     epoxide
                                   pressure at the     concentration in
                                   end of the ECO,     the reactor
                                   or the epoxide      liquid at the end
                                   concentration in    of ECO.
                                   the reactor
                                   liquid at the end
                                   of the ECO.
Other devices (or as an           HAP concentration   Maximum HAP
 alternate to the above). \a\      level or reading    concentration or
                                   at outlet of        reading.
                                   device.
------------------------------------------------------------------------
\a\ Concentration is measured instead of an operating parameter.



Sec. Table 8 to Subpart PPP of Part 63--Routine Reports Required by This 
                                 Subpart

------------------------------------------------------------------------
                                  Description of
           Reference                  report              Due date
------------------------------------------------------------------------
Sec.   63.1439(b) and subpart   Refer to Sec.      Refer to subpart A of
 A of this part.                 63.1439(b),        this part.
                                 Table 1 of this
                                 subpart, and to
                                 subpart A of
                                 this part.
Sec.   63.1439(e)(3)..........  Initial            New affected sources
                                 notification.      w/ initial start-up
                                                    at least 90 days
                                                    after June 1, 1999:
                                                    submit the
                                                    application for
                                                    approval of
                                                    construction or
                                                    reconstruction in
                                                    lieu of the initial
                                                    notification report.
                                                   New affected sources
                                                    w/ initial start-up
                                                    prior to 90 days
                                                    after June 1,
                                                    1999:by 90 days
                                                    after June 1, 1999.
Sec.   63.1439(e)(4)..........  Precompliance      Existing affected
                                 Report \a\.        sources: 12 months
                                                    prior to compliance
                                                    date.
                                                   New affected sources:
                                                    with the application
                                                    for approval of
                                                    construction or
                                                    reconstruction.
Sec.   63.1439(e)(5)..........  Notification of    Within 150 days after
                                 Compliance         the compliance date.
                                 Status \b\.
Sec.   63.1439(e)(6)..........  Periodic Reports.  Semiannually, no
                                                    later than 60 days
                                                    after the end of
                                                    each 6-month period.
                                                    See Sec.
                                                    63.1439(e)(6)(i) for
                                                    the due date for
                                                    this report.
Sec.   63.1439(e)(6)(iii).....  Quarterly reports  No later than 60 days
                                 for sources with   after the end of
                                 excursions (upon   each quarter.
                                 request of the
                                 Administrator).

[[Page 704]]

 
Sec.   63.506(e)(7)(i)........  Storage Vessels    At least 30 days
                                 Notification of    prior to the
                                 Inspection.        refilling of each
                                                    storage vessel or
                                                    the inspection of
                                                    each storage vessel.
 
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
  for equipment subject to Sec.   63.1434 and one for other emission
  points subject to this subpart.
\b\ There will be two versions of this report due at different times;
  one for equipment subject to Sec.   63.1434 and one for other emission
  points subject to this subpart.


[65 FR 26506, May 8, 2000]

[[Page 705]]



                              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 707]]



                    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 708]]

     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 709]]

    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 710]]

     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 711]]

        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 712]]

         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 713]]

        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 714]]

      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 715]]

                     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 716]]

                          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 717]]

        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 718]]

        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 719]]

         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 720]]

                          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 721]]

       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 722]]

       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 723]]

                       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 724]]

                      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 725]]

        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 726]]

        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 727]]





           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 728]]

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 729]]

  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 730]]

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 731]]

  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 732]]

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 733]]

  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 734]]

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 735]]

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 737]]



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
63.1349 (b)(6)(v) added............................................48359
63.1350 (l)(4) added...............................................48361
63.1355 (e) added..................................................48362

                                  2017

40 CFR
                                                                   82 FR
                                                                    Page
Chapter I
63.1349 (b)(6)(v)(H) removed; eff 7-5-17...........................28565
    (b)(6)(v)(H) added.............................................39673
63.1350 (l)(4) revised; eff. 7-5-17................................28565
    (l)(4) introductory text revised...............................39673
63.1381 Amended....................................................60883
63.1382 (c)(6), (8)(i), and (9) revised............................60884
63.1383 (g)(1), (h), (i)(1), and (j) revised.......................60884
63.1384 (a) introductory text, (3), (9), and (c) introductory text 
        revised....................................................60884
63.1385 (a)(8) revised.............................................60885
63.1386 (d)(2)(v) revised..........................................60885
63.1380--63.1399 (Subpart NNN) Table 2 amended..............34860, 60885
    Regulation at 82 FR 34860 withdrawn............................49132

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
63.1341 Amended....................................................35132
63.1343 (d) and Table 2 removed....................................35132
63.1348 (a) introductory text and (3)(iv) amended; (a)(3)(i), 
        (4)(ii), (7)(ii), (b)(3)(ii), (4), and (5)(i) revised; 
        (b)(5) heading added.......................................35132
63.1349 (b)(1)(vi), (3)(iv), (4)(i), (6)(i)(A), (7)(viii)(A), 
        (8)(vi), and (vii)(B) revised; (d) removed.................35132
63.1350 (g) introductory text, (4), (h)(2)(ii), (j), (k)(2) 
        introductory text, (ii), (iii), (5)(ii), (l)(1) 
        introductory text, and (3) revised.........................35133
63.1354 (b)(9)(viii), (ix), and (x) redesignated as (b)(11)(i) 
        introductory text, (ii), and (12); (b)(9) introductory 
        text, (vi), (10), new (11)(i), new (12), and (c) revised; 
        (b)(11)(i)(A), (B), and (C) added..........................35135
63.1355 (e) revised................................................35135
63.1340--63.1359 (Subpart LLL) Table 1 amended..............35135, 38036
63.1340--63.1359 (Subpart LLL) Table 2 added.......................35136
63.1400 (b)(4) revised.............................................51852

[[Page 738]]

63.1401 (b) revised................................................51852
63.1402 (b) amended................................................51852
63.1403 (a) revised................................................51852
63.1404 (a)(1) introductory text revised; (c) added................51852
63.1405 (a) introductory text, (2) introductory text, and (b) 
        revised; (a)(3) removed; (c) added.........................51853
63.1412 (a), (g)(2)(ii), and (k)(2) revised........................51853
63.1413 (h)(2) redesignated as (h)(3); (a)(1)(iii), (c)(7), new 
        (h)(2), (4), and (i)(1)(v) added; (a) introductory text, 
        (3) introductory text, (4) introductory text, (c)(2), (4), 
        (5), (6), (f), (h)(1), new (h)(3) introductory text, (i), 
        (ii) introductory text, (B)(1), (3), (iii), (i)(1)(iii), 
        and (iv) revised...........................................51853
63.1415 (e) revised................................................51856
63.1416 (f)(6) redesignated as (f)(7); (f)(1), (3), (5) 
        introductory text, (ii), (7) introductory text, and 
        (g)(5)(v)(E) revised; (g)(6) added.........................51856
63.1417 (d) introductory text, (8), (e)(1) introductory text, (9), 
        (f) introductory text, (1), (2), (5) introductory text, 
        (12)(ii), (h)(7) introductory text revised; (f)(14), (15), 
        and (16) added.............................................51856

                                  2019

                   (No regulations published in 2019)

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
63.1200--63.1221 (Subpart EEE) Table 1 amended.....................73897
63.1250--63.1261 (Subpart GGG) Table 1 amended.....................73897
63.1270 (a) introductory text revised..............................73898
63.1270--63.1289 (Subpart HHH) Table 2 amended.....................73898
63.1290--63.1309 (Subpart III) Table 1 amended.....................73898
63.1310--63.1336 (Subpart JJJ) Table 1 amended.....................73898
63.1349 (b)(7)(viii)(A), (B), (8)(vi), (vii)(B), and (C) revised 
                                                                   63418
63.1340--63.1359 (Subpart LLL) Table 1 amended.....................73898
63.1360--63.1369 (Subpart MMM) Table 1 amended.....................73899
63.1380--63.1399 (Subpart NNN) Table 1 amended.....................73899
63.1380--63.1399 (Subpart NNN) Correction: instruction amended.....84262
63.1400--63.1419 (Subpart OOO) Table 1 amended.....................73899
63.1434 (d) and (e) revised........................................73900
63.1439 (e)(3)(ii)(B) and (C) revised..............................73900
63.1420--63.1439 (Subpart PPP) Table 1 amended.....................73900

                                  2021

  (No regulations published from January 1, 2021, through July 1, 2021)


                                  [all]